[Federal Register Volume 75, Number 118 (Monday, June 21, 2010)]
[Rules and Regulations]
[Pages 34925-34927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15000]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Part 234
[Docket No. DOT-OST-2007-0022]
RIN No. 2105-AE02
Posting of Flight Delay Data on Web Sites
AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT).
ACTION: Direct Final Rule, request for comments.
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SUMMARY: This direct final rule amends the time period for uploading
flight
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performance information to an air carrier's Web site from anytime
between the 20th and 23rd day of the month to the fourth Saturday of
the month. The intended effect of this rule is to provide regulatory
relief to industry by allowing carriers to follow standard industry
practice of updating flight information such as schedule changes on
Saturday. This action is necessary to address difficulties concerning
implementation and compliance with the requirement to post flight delay
data on carriers' Web sites. Moreover, this change would further the
Department's goal of having all carriers upload flight information at
the same time, thus ensuring passengers are comparing flight
performance data from the same time period. The amendment contained in
this rule is a minor substantive change, in the public interest, and
unlikely to result in adverse comment.
DATES: This final rule is effective July 21, 2010, unless an adverse
comment or notice to file an adverse comment is received by July 6,
2010. OST will publish in the Federal Register a timely document
confirming the effective date of this final rule.
ADDRESSES: You may file comments identified by the docket number DOT-
OST-2007-0022 by any of the following methods:
[cir] Federal eRulemaking Portal: go to http://www.regulations.gov
and follow the online instructions for submitting comments.
[cir] Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave., SE., Room W12-140, Washington, DC
20590-0001.
[cir] Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Ave., SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal Holidays.
[cir] Fax: (202) 493-2251.
Instructions: You must include the agency name and docket number
DOT-OST-2007-0022 or the Regulatory Identification Number (RIN) for the
rulemaking at the beginning of your comment. All comments received will
be posted without change to http://www.regulations.gov, including any
personal information provided.
Privacy Act: Anyone is able to search the electronic form of all
comments received in any of our dockets by the name of the individual
submitting the comment (or signing the comment if submitted on behalf
of an association, a business, a labor union, etc.). You may review
DOT's complete Privacy Act statement in the Federal Register published
on April 11, 2000 (65 FR 19477-78), or you may visit http://DocketsInfo.dot.gov.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to the street
address listed above. Follow the online instructions for accessing the
docket.
FOR FURTHER INFORMATION CONTACT: Blane A. Workie, Deputy Assistant
General Counsel, Office of the Assistant General Counsel for Aviation
Enforcement and Proceedings, U.S. Department of Transportation, 1200
New Jersey Ave., SE., Washington, DC 20590, 202-366-9342 (phone), 202-
366-7152 (fax), [email protected] (e-mail).
SUPPLEMENTARY INFORMATION:
Background
The Department of Transportation requires that certificated air
carriers that account for at least 1 percent of domestic scheduled
passenger revenues (reporting carriers) provide certain flight delay
data on their Web sites. Under that provision, a reporting carrier must
display on its Web site between the 20th and 23rd day of the month the
prior month's flight delay information for each flight it operates and
for each flight its U.S. code-share partners operate for which schedule
information is available. More specifically, the provision requires
that reporting carriers provide on their Web sites the following on-
time performance information: (1) The percentage of arrivals that were
on time--i.e., within 15 minutes of scheduled arrival time; (2) the
percentage of arrivals that were more than 30 minutes late (including
special highlighting if the flight was more than 30 minutes late more
than 50 percent of the time); and (3) the percentage of flight
cancellations if 5 percent or more of the flight's operations were
canceled in the month covered. The first time carriers must load the
flight delay information onto their Web sites is between July 20 and
23, 2010, for June data.
On May 7, 2010, the Air Transport Association of America (ATA), the
Regional Airline Association (RAA) and the Air Carrier Association of
America (ACAA) submitted a joint petition to the Department requesting
a change of the date to upload flight data from the 20th to the 23rd of
the month, which sometimes does not fall on a Saturday, to a set
Saturday, as this would allow carriers to follow standard industry
practice of updating flight information such as schedule changes on
Saturdays. In addition, the carrier associations requested that the
specific date for uploading flight performance information on Web sites
be the fourth Saturday of the month to avoid a conflict with the
requirement to file other flight performance information with the
Department's Bureau of Transportation Statistics (BTS) on the 15th day
of the month, which at times falls on the third Saturday of the month.
The carrier associations explain that carriers use the same technical
personnel and resources for both activities and having the carriers
file required BTS data and upload flight performance information to a
carrier's Web site on the same day would increase their cost burdens.
ATA, RAA, and ACAA are also concerned that if DOT were to require that
Web sites be updated on the third Saturday of the month there would be
certain months where the reporting carriers would be required to upload
information on their Web sites before submitting the flight data to
BTS. ATA, RAA, and ACAA represent all but one of the carriers covered
by the requirement to post flight delay data. The only reporting
carrier that is not represented by these associations is Mesa, and the
carrier associations have indicated in their petition that Mesa
supports their request.
In addition, this change in the rule would be beneficial to
consumers as it would require carriers to load data for the previous
month on a particular day instead of allowing carriers to load
information on their Web site over several days, thereby ensuring
passengers are better able to compare flight performance data. It is
also worth noting that when we requested comment in the NPRM on the
proposal that carriers load data for the previous month between the
20th and 23rd day of the current month, we received no comments. See 73
FR 74586 (December 8, 2008).
The Direct Final Rule Procedure
On January 30, 2004, OST published a final rule adopting direct
final rulemaking procedures intended to expedite the rulemaking process
for noncontroversial rules (69 FR 4455). By using direct final
rulemaking, OST can reduce the time necessary to develop, review, clear
and publish a rule to which no adverse public comment is anticipated by
eliminating the need to publish separate proposed and final rules.
OST anticipates that this amendment will not result in adverse or
negative comment and, therefore, is issuing it as a direct final rule.
Unless a written adverse or negative comment, or a written notice of
intent to submit an adverse or negative comment is received within the
comment period, the
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regulation will become effective on the date specified above. In that
event, after the close of the comment period OST will publish a
document in the Federal Register indicating that no adverse or negative
comments were received and confirming the date on which the final rule
will become effective. If OST does receive, within the comment period,
an adverse or negative comment, or written notice of intent to submit
such a comment, a document withdrawing the direct final rule will be
published in the Federal Register, and a notice of proposed rulemaking
may be published with a new comment period.
Comments Invited
Interested parties are invited to participate in this rulemaking by
submitting such written data, views, or arguments, as they may desire.
Comments that provide the factual basis supporting the views and
suggestions presented are particularly helpful in developing reasoned
regulatory decisions on the proposal.
Regulatory Analyses and Notices
A. Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
This final rule is not a significant regulatory action under
Executive Order 12866 and the Department of Transportation's Regulatory
Policies and Procedures. Accordingly, this final rule has not been
reviewed by the Office of Management and Budget (OMB).
B. Regulatory Flexibility Act
Pursuant to section 605 of the Regulatory Flexibility Act (RFA), 5
U.S.C. 605(b), as amended by the Small Business Regulatory Enforcement
and Fairness Act of 1996 (SBREFA), DOT certifies that this final rule
does not have a significant economic impact on a substantial number of
small entities. The final rule does not impose any duties or
obligations on small entities.
C. Executive Order 13132 (Federalism)
This Final Rule does not have a substantial direct effect on the
States, on the relationship between the national Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, and therefore does not have federalism
implications.
D. Executive Order 13084
This Final Rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13084 (``Consultation and
Coordination with Indian Tribal Governments''). Because the rule does
not significantly or uniquely affect the communities of the Indian
tribal governments or impose substantial direct compliance costs on
them, the funding and consultation requirements of Executive Order
13084 do not apply.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.)
requires that DOT consider the impact of paperwork and other
information collection burdens imposed on the public and, under the
provisions of PRA section 3507(d), obtain approval from the Office of
Management and Budget (OMB) for each collection of information it
conducts, sponsors, or requires through regulations. DOT has determined
that there is no new information collection requirements associated
with this final rule.
F. Unfunded Mandates Reform Act
The Department has determined that the requirements of Title II of
the Unfunded Mandates Reform Act of 1995 do not apply to this Final
Rule.
Issued June 16, 2010, in Washington, DC.
Ray LaHood,
Secretary of Transportation.
List of Subjects in 14 CFR Part 234
Air carriers, Consumer protection, Reporting and recordkeeping
requirements.
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For the reasons set forth in the preamble, the Department amends 14 CFR
part 234 as follows:
PART 234--AIRLINE SERVICE QUALITY PERFORMANCE REPORTS
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1. The authority citation for Part 234 continues to read as follows:
Authority: 49 U.S.C. 329 and chapters 401 and 417.
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2. In Sec. 234.11, revise paragraph (c) to read as follows:
Sec. 234.11 Disclosure to consumers.
* * * * *
(c) The first time each carrier must load the information whose
disclosure is required under paragraphs (a) and (b) of this section
onto its Web site is on Saturday, July 24, 2010, for June data.
Carriers must load all subsequent flight performance information on
the fourth Saturday of the month following the month that is being
reported.
* * * * *
[FR Doc. 2010-15000 Filed 6-17-10; 11:15 am]
BILLING CODE 4910-9X-P