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[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.


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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

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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, 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]
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