[Federal Register Volume 89, Number 117 (Monday, June 17, 2024)]
[Notices]
[Pages 51385-51387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13265]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2012-0028]


Application To Reinstate Information Collection Request OMB No. 
2105-0566

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

ACTION: Notice and request for comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.), this notice announces that the request for 
reinstatement of an Office of Management and Budget (OMB) Control 
Number for the Information Collection Request (ICR) abstracted below is 
being forwarded to the OMB for review and comments. A Federal Register 
Notice with a 60-day comment period soliciting comments on the 
following information collection was published on February 12, 2024.

DATES: Comments on this notice must be received by July 17, 2024.

ADDRESSES: Written comments and recommendations for the proposed ICR 
should be sent within 30 days of publication of this notice to 
www.reginfo.gov/public/do/PRAMain. Find this particular ICR by 
selecting ``Currently under 30-day Review--Open for Public Comments'' 
or by using the search function.

FOR FURTHER INFORMATION CONTACT: Daeleen Chesley, Office of the General 
Counsel, Office of the Secretary, U.S. Department of Transportation, 
1200 New Jersey Avenue SE, Washington, DC 20590, 202-366-9342 (Voice), 
or [email protected] (Email). Arrangements to receive this 
document in an alternative format may be made by contacting the above-
named individuals.

SUPPLEMENTARY INFORMATION: 
    Title: Submission of U.S. Carrier and Airport Tarmac Delay 
Emergency Contingency Plans Pursuant to FAA Modernization and Reform 
Act.
    OMB Control Number: 2105-0566.
    Type of Request: Request to reinstate OMB control number 2105-0566.
    Abstract: The FAA Modernization and Reform Act (Act), which was 
signed into law on February 14, 2012, requires U.S. carriers that 
operate scheduled passenger service or public charter service using any 
aircraft with a design capacity of 30 or more seats, and operators of 
large hub, medium hub, small hub, or non-hub U.S. airports, to submit 
emergency contingency plans for lengthy tarmac delays to the Secretary 
of Transportation for review and approval. In addition to requiring the 
initial submission of emergency contingency plans, the Act requires 
U.S. air carriers to submit an updated plan every 3 years and U.S. 
airport operators to submit an updated plan every 5 years. The Act 
further requires each covered carrier and airport to ensure public 
access to its plan after DOT approval by posting the plan on its 
website. DOT has an online system by which covered U.S. air

[[Page 51386]]

carriers and U.S. airports can submit the required plans.\1\
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    \1\ OACP is modernizing its consumer complaints database to 
provide a more efficient means for air carriers and airports to 
submit their plans. Should the submission process change prior to 
the date plans are due, OACP will give covered entities advance 
notice of the revised procedure for plan submission.
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    On June 2, 2015, DOT published a 60-day FR Notice to renew/
reinstate the OMB control number (80 FR 31455) and on June 17, 2016, a 
30-day FR notice was published (81 FR 39750). On February 23, 2017, OMB 
reinstated the OMB control number, which expired on February 29, 2020. 
DOT is seeking reinstatement of that number.\2\
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    \2\ We note that the information collection requirements are 
specifically required by statute and are not imposed as an exercise 
of the DOT's discretion.
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    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. 44 U.S.C. 3506, 3507; 5 CFR 
1320.5, 1320.8(d)(1), 1320.12. On February 12, 2024, OST published a 
60-day notice in the Federal Register soliciting comment on ICRs for 
which the agency was seeking OMB approval. See 89 FR 29 at 9906. OST 
received no comments after issuing this notice. Accordingly, the 
Department announces that these information collection activities have 
been re-evaluated and certified under 5 CFR. 1320.5(a) and forwarded to 
OMB for review and approval pursuant to 5 CFR 1320.12(c).
    Before OMB decides whether to approve these proposed collections of 
information, it must provide 30 days for public comment. 44 U.S.C. 
3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or 
disapprove paperwork packages between 30 and 60 days after the 30-day 
notice is published. 44 U.S.C. 3507(b)-(c); 5 CFR 1320.12(d); see also 
60 FR 44978, 44983 (Aug. 29, 1995). The 30-day notice informs the 
regulated community to file relevant comments to OMB and affords the 
agency adequate time to digest public comments before it renders a 
decision. 60 FR 44983 (Aug. 29, 1995). Therefore, respondents should 
submit their respective comments to OMB within 30 days of publication 
to best ensure their full consideration. 5 CFR 1320.12(c); see also 60 
FR 44983 (Aug. 29, 1995).
    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:
    1. Requirement to submit tarmac delay contingency plan to DOT for 
review and approval.
    Title: Filing of Tarmac Delay Contingency Plan to DOT.
    Respondents: Each large, medium, small and non-hub airport in the 
U.S.; U.S. carriers that operate scheduled passenger service or public 
charter service using any aircraft with a design capacity of 30 or more 
seats.
    Estimated Number of Respondents: 391 U.S. airports \3\ and 76 U.S. 
airlines.\4\
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    \3\ Based on FAA CY22 information, there are 31 large, 33 
medium, 73 small, and 254 non-hub covered airports. See, https://www.faa.gov/sites/faa.gov/files/2023-09/cy22-commercial-service-enplanements.pdf.
    \4\ The number of covered airlines was calculated using current 
data provided to OACP by the Bureau of Transportation Statistics 
(BTS).
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    Frequency: Every 5 years for covered U.S. airports; every 3 years 
for covered U.S. airlines.
    Estimated Total Burden on Respondents:
    For U.S. airports--195.5 hours (391 existing airports x .5 hours = 
195.5 hours). This estimate is based on the following facts/
assumptions: Tarmac delay plans for submission are general in nature 
and do not consist of extensive airport-specific customization. Airport 
associations prepared templates for use by U.S. airports which require 
very little additional information to be customized for individual 
airports and have been the templates for most of the airport plans 
submitted. For U.S. airports that have already prepared and submitted a 
plan and will continue to be subject to this requirement, they will 
need to review and update the plan through the DOT's electronic 
submission system. We estimate .5 hour for these 391 airports to 
review, update, and submit the plan through the DOT's electronic 
submission system.\5\
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    \5\ The total number of airports required to submit plans has 
decreased from 401 to 391 (-10 airports). The burden is calculated 
with the assumption that no new airports need to submit a plan. 
However, if there are any new airports that are required to submit a 
plan, the burden estimate for such an airport would be two hours.
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    For U.S. airlines--54.5 hours [(65 existing carriers x .5 hours = 
32.5 hours) + (11 new carrier x 2 hours = 22 hours) = 54.5 hours]. 
Although airlines often choose to prepare more detailed plans for 
internal use, airline plans for submission generally are not very 
detailed and provide only the level of information required to meet the 
statutory requirement. In addition, currently operating U.S. carriers 
are already required to have such plans in place as this is a 
continuing requirement and the statute has been in place since 2012. 
Therefore, we estimate that the 65 covered U.S. carriers will spend .5 
hour to review, update, and submit the plan through the DOT's 
electronic submission system. For the 11 carriers that had not prepared 
and submitted a plan to meet the requirement in 2017, we estimate 2 
hours to review and prepare the templates, and to submit the plan 
through the DOT's electronic submission system.\6\
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    \6\ Based on CY 2022 information provided by the Bureau of 
Transportation Statistics (BTS), the number of covered carriers that 
must submit plans increased from 65 to 76 (+11 carriers). As such, 
the estimated burden for U.S. carriers has slightly increased.
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    2. Requirement to ensure public access to tarmac delay plan after 
DOT approval (as required by the Act).
    Title: Posting of Tarmac Delay Contingency Plan on websites.
    Respondents: Each large, medium, small and non-hub airport in the 
U.S.; U.S. carriers that operate scheduled passenger service or public 
charter service operating to or from the United States, using any 
aircraft with a design capacity of 30 or more seats.
    Estimated Number of Respondents: 391 U.S. airports and 76 U.S. 
airlines.
    Estimated Total Frequency: Every 5 years for covered U.S. airports; 
every 3 years for covered U.S. airlines (if not already posted or if 
there are updates).
    Burden on Respondents: 116.75 hours [(391 airports x .25 hours = 
97.75 hours) + (76 airlines x .25 hours = 19 hours) = 116.75 hours]. We 
estimate that the time to upload a plan to a website is 15 minutes as 
covered U.S. carriers and airports are already required to have such 
plans in place and plans are generally short and do not take long to 
upload.
    Public Comments are invited on: Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the Department, including whether the information will have practical 
utility; the accuracy of the Department's estimate of the burden of the 
proposed information collection; ways to enhance the quality, utility 
and clarity of the information to be collected; and ways to minimize 
the burden of the collection of information on respondents without 
reducing the quality of the collection of information, including the 
use of automated collection techniques or other forms of information 
technology. All comments will also become a matter of public record.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 
35, as amended; and 49 CFR 1.26, 1.27, 1.48 and 1.49; DOT Order 
1351.29.


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    Issued in Washington, DC.
Livaughn Chapman Jr.,
Deputy Assistant General Counsel for the Office of Aviation Consumer 
Protection.
[FR Doc. 2024-13265 Filed 6-14-24; 8:45 am]
BILLING CODE 4910-9X-P