RegisteredTraveler: April 2010

BA Cabin Crews to Take 2nd Strike Vote

30 Day Extension until June 29, 2010

[Federal Register: April 5, 2010 (Volume 75, Number 64)]
[Rules and Regulations]
[Page 17050-17052]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ap10-8]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 234

[Docket No. DOT-OST-2010-0039]
RIN No. 2105-AE00

Enhancing Airline Passenger Protections: Extension of Compliance
Date for Posting of Flight Delay Data on Web Sites

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

ACTION: Final rule; extension of compliance date.

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SUMMARY: The Department of Transportation is extending by 60 days,
i.e., until June 29, 2010, the compliance date of the provision in its
final rule entitled ``Enhancing Airline Passenger Protections'' that
requires airlines to publish flight delay information on their Web
sites. This extension is in response to requests by several carrier
associations for an additional 90 days time for airlines to comply with
the requirement to display flight delay data on Web sites in view of
the extensive changes to carriers' reporting systems that are
necessitated by the rule and their contention that completion of these
tasks is not possible by April 29, 2010, the current effective date of
the requirement. The Department agrees that additional time to comply
with the posting of flight delay information on the carriers' Web sites
is warranted to ensure the posting of complete and accurate information
but has determined that 60 days is enough time for the carriers to do
so. Therefore, this final rule extends the compliance date for the
provision in question for an additional 60 days, from April 29, 2010,
to June 29, 2010.

DATES: This amendment further amending the final rule published
December 30, 2009 (74 FR 69002) is effective April 29, 2010.

FOR FURTHER INFORMATION CONTACT: Blane A. Workie or Daeleen M. Chesley,
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),
blane.workie@dot.gov or daeleen.chesley@dot.gov (e-mail).

SUPPLEMENTARY INFORMATION: On March 10, 2010, the Department of
Transportation published a notice of

[[Page 17051]]

proposed rulemaking (NPRM) in the Federal Register (75 FR 11075)
proposing to extend for 45 days the compliance date of the provision in
its final rule entitled ``Enhancing Airline Passenger Protections,''
issued December 30, 2009, that requires certificated air carriers that
account for at least 1 percent of domestic scheduled passenger revenues
(reporting carriers) to provide certain flight delay data on their Web
sites. Under that provision, a reporting carrier must display on its
Web site 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) 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 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. As
published, the effective date of the rule is April 29, 2010.
The Department proposed this extension of time in response to
requests by the Air Transport Association of America (ATA), the
Regional Airline Association (RAA) and the Air Carrier Association of
America (ACAA) that the Department of Transportation extend the
compliance date for publishing flight delay information on airlines'
Web sites by 90 days. The carrier associations stated that an
additional 90 days time is needed for airlines to reprogram their
computerized reporting systems and displays. Interested parties can
read the carrier associations' requests to extend the compliance date
in their entirety at DOT-OST-2010-0039. In the NPRM, the Department
tentatively agreed that some extension of time in the compliance date
for publishing flight delay data on airlines' Web sites may be
warranted but was not persuaded that a 90-day extension is justified.

Comments and DOT's Response

The Department received a total of five comments on the NPRM. Two
were from members of industry and the others came from consumers and
consumer associations. On the consumer side, Flyersrights.org, a
consumer advocacy organization, filed comments, as did two individuals.
As for industry commenters, Flights Stats, a business that provides
flight statistics data, and the Air Transport Association filed
comments.
Of the individual comments, one states generally that the
Department should not delay the implementation of any of the provisions
in the passenger protection final rule. The second individual notes
that carriers have developed and implemented more complex computer
systems in shorter periods of time, and urges the Department to reject
the ``wholesale request of ATA'' for an extension while supporting the
consideration of individual airlines applying for an extension.
Flyersrights.org, on the other hand, does not oppose the Department
granting the requested extension and states that ``airline passenger
and their airlines share the objective of wanting accurate, verified
information about the timeliness or cancellation rate of flight
operations to be available to passengers.'' The organization notes that
airlines should provide the required information on their Web sites as
soon as accurate information is available to them, even if that is
prior to any new compliance date granted by the Department.
It is not clear whether or not FlightStats supports the carrier
associations' requests for an extension of the compliance date. It
states that it is ready and able to help carriers fulfill the intention
of the rule as it concerns flight performance data collection,
processing and publishing, and can serve as a third party entity
through which carrier and codeshare data can be secured. FlightStats
also asserts that it can provide flight performance information to
carriers in a form that enables them to easily display the required
data on their Web sites but explains that it cannot assume the
liability associated with data errors or omissions.
ATA states appreciation for the Department's recognition that
carriers need additional time to comply with this requirement and also
renews its request for a 90-day extension. ATA reiterates its concern
that 45 days is not enough time for carriers to make the changes
necessary to ensure compliance with the additional flight time
disclosure requirements and again notes that compliance with this new
regulation will require work in several company disciplines that must
be completed in succession. Finally, ATA reminds the Department that it
recognized the difficulty in modifying carrier reporting systems and
the importance of ensuring data integrity in allowing longer periods of
time for a carrier to comply with past changes to 14 CFR part 234.
After fully considering the comments received, the Department has
determined that some extension of time in the compliance date for
publishing flight delay data on airlines' Web sites is warranted. The
Department is also persuaded that carriers need more than a 45-day
extension. As such, the Department is revising 14 CFR 234.11 to extend
the compliance date of sections 234.11(b) and (c) by an additional 60
days until June 29, 2010. We believe this revised compliance date,
which affords carriers a total of 180 days time after issuance of the
rule, provides the airlines adequate time to comply with the
requirement to provide certain flight delay data on their Web sites. As
noted in the NPRM, this extension of time is limited to the portion of
our ``Enhancing Airline Passenger Protections'' rule described above
dealing with publication on carrier Web sites of flight delay data and
the compliance date for the other provisions is April 29, 2010.
We took a number of factors into consideration in deciding to
extend until June 29, 2010, the compliance date for the requirements
pertaining to publishing delay data on carriers' Web sites. We agree
with Flyersrights.org, a major proponent of passengers' rights, that it
is important that sufficient time be provided to carriers to enable
them to post accurate information on their Web sites. The posting of
flight delay data would not be beneficial to consumers if the carriers
are not able to implement and design their systems to reflect accurate
information. With respect to ATA's assertion that carriers need a 90-
day extension in which to comply with this provision, the Department
notes that at least one company, Flightstats, appears to have much of
the required flight delay data available and states that the data can
be made available to the carriers. Further, by extending the compliance
date for the provision in the rule that requires airlines to publish
detailed flight delay information on their Web site until June 29,
2010, carriers will have more than 80 days time after the original
effective date of the rule to load the required flight delay
information into their internal reservation systems. This is because
the rule requires carriers to upload information into their internal
reservation system between the 20th and 23rd day of the month after the
month for which the information is being provided. By granting the
carriers a 60-day extension in the compliance date of the provision in
question (i.e., until June 29, 2010), carriers will have until between
July 20 and 23, 2010, or at least 81 days after April 29, 2010, to

[[Page 17052]]

ensure compliance with the flight time disclosure requirements in the
rule. Taking into consideration all the comments, including the fact
that there are limited objections to ATA's request for an extension of
time, the Department believes this timeline adequately balances the
benefit of having accurate and complete flight delay data available to
consumers with the capability of airlines to comply with the additional
requirements being imposed upon them in a reasonable timeframe.

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 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 are no new information collection requirements associated
with this final rule. The final rule allows an additional 60 days to
comply with a regulatory provision whose paperwork impact has already
been analyzed by the Department.

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 this March 30, 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.

0
For the reasons set forth in the preamble, the Department further
amends 14 CFR part 234 as amended in the final rule published December
30, 2009 (74 FR 69002), effective April 29, 2010, as follows:

PART 234--AIRLINE SERVICE QUALITY PERFORMANCE REPORTS

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

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

0
2. In Sec. 234.11, as amended in the final rule published December 30,
2009 (74 FR 69002), effective April 29, 2010, add paragraph (d) to read
as follows:

Sec. 234.11 Disclosure to consumers.

* * * * *
(d) A reporting carrier must meet the requirements of paragraphs
(b) and (c) of this section by June 29, 2010.

[FR Doc. 2010-7627 Filed 4-2-10; 8:45 am]
BILLING CODE P