Enhancing Airline Passenger Protections: Response to Requests To Extend Compliance Date, 11075-11077 [2010-5244]
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Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Proposed Rules
mod TU 347, using Turbomeca MSB No.
A292 72 0807, Version E, dated October 29,
2009, paragraphs 2B(1)(c) or (d), or 2B(2)(b)
or (c), at the following times:
(1) Replace before further flight on engines
with a 2nd stage turbine disk having
accumulated more than 2,200 hours TIS
since-new or since-last-inspection,
whichever occurs later, or with 2nd stage
turbine blades that have accumulated more
than 3,000 hours TIS since-new.
(2) For engines with 2nd stage turbine
blades having accumulated on the effective
date of this AD, more than 1,800 hours TIS
since-new, but 3,000 or fewer hours TIS
since-new, replace before reaching any of the
following:
(i) 400 hours TIS from the effective date of
this AD, or
(ii) 3,000 hours TIS since-new on the 2nd
stage turbine blades, or
(iii) 2,200 hours TIS since-new or sincelast-inspection, whichever occurs later, on
the 2nd stage turbine disk.
(3) For engines with 2nd stage turbine
blades having accumulated on the effective
date of this AD, more than 900 hours TIS
since-new, but 1,800 or fewer hours TIS
since-new, replace before reaching any of the
following:
(i) 800 hours TIS from the effective date of
this AD, or
(ii) 2,200 hours TIS since-new or since-lastinspection, whichever occurs later, on the
2nd stage turbine disk.
(4) For engines with 2nd stage turbine
blades having accumulated on the effective
date of this AD, 900 or fewer hours TIS sincenew, replace before the 2nd stage turbine
blades have accumulated 1,200 hours TIS
since-new.
erowe on DSK5CLS3C1PROD with PROPOSALS-1
Repetitive Replacements of 2nd Stage
Turbines on Arriel 1B Engines
(j) Thereafter, for 2nd stage turbines that do
not incorporate mod TU 347, replace the 2nd
stage turbine disk and blades before the
blades have accumulated 1,200 hours TIS
since-new.
Initial Replacement of 2nd Stage Turbines
on Arriel 1D and 1D1 Engines
(k) Initially replace the Arriel 1D and 1D1
2nd stage turbine disk and blades with an
inspected turbine that does not incorporate
mod TU 347 and is fitted with new blades
or with a turbine that incorporates mod TU
347, using Turbomeca MSB No. A292 72
0807, Version E, dated October 29, 2009,
paragraphs 2B(1)(c) or (d), or 2B(2)(b) or (c),
at the following times:
(1) Replace before further flight on engines
with a 2nd stage turbine disk having
accumulated more than 1,500 hours TIS
since-new or since-last-inspection,
whichever occurs later, or with 2nd stage
turbine blades having accumulated more
than 1,500 hours TIS since-new.
(2) For engines with 2nd stage turbine
blades having accumulated on the effective
date of this AD, more than 900 hours TIS
since-new, but 1,500 or fewer hours TIS
since-new, replace before the 2nd stage
turbine blades have accumulated 1,500 hours
TIS since-new, or before the 2nd stage
turbine disk has accumulated 1,500 hours
TIS since-new, whichever occurs first.
VerDate Nov<24>2008
15:23 Mar 09, 2010
Jkt 220001
(3) For engines with 2nd stage turbine
blades having accumulated on the effective
date of this AD, 900 or fewer hours TIS sincenew, replace before the 2nd stage turbine
blades have accumulated 1,200 hours TIS
since-new.
Repetitive Replacements of 2nd Stage
Turbines on Arriel 1D and 1D1 Engines
(l) Thereafter, for 2nd stage turbines that do
not incorporate mod TU 347, replace the 2nd
stage turbine disk and blades before the
blades have accumulated 1,200 hours TIS
since-new.
Relative Position Check Continuing
Compliance Requirements
(m) All 2nd stage turbines, including those
that are new or overhauled, must continue to
comply with the actions specified in
paragraphs (f) and (g) of this AD, unless mod
TU 347 has been incorporated.
Optional Terminating Action
(n) Installing a new turbine, P/N 0 292 25
039 0, (incorporation of mod TU 347)
terminates the requirements to perform the
repetitive actions specified in paragraphs (g),
(j), and (l) of this AD.
Alternative Methods of Compliance
(o) The Manager, Engine Certification
Office, has the authority to approve
alternative methods of compliance for this
AD if requested using the procedures found
in 14 CFR 39.19.
Related Information
(p) The EASA airworthiness directive
2009–0236, dated October 29, 2009, also
addresses the subject of this AD.
(q) Contact Kevin Dickert, Aerospace
Engineer, Engine Certification Office, FAA,
Engine and Propeller Directorate, 12 New
England Executive Park, Burlington, MA
01803; e-mail: kevin.dickert@faa.gov;
telephone (781) 238–7117, fax (781) 238–
7199, for more information about this AD.
Issued in Burlington, Massachusetts, on
March 1, 2010.
Thomas A. Boudreau,
Acting Manager, Engine and Propeller
Directorate, Aircraft Certification Service.
[FR Doc. 2010–5028 Filed 3–9–10; 8:45 am]
BILLING CODE 4910–13–P
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: Response to Requests To
Extend Compliance Date
AGENCY: Office of the Secretary (OST),
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking.
PO 00000
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11075
SUMMARY: The Department of
Transportation is proposing to extend
by 45 days, or until June 14, 2010, the
compliance date of the provision in its
final rule entitled ‘‘Enhancing Airline
Passenger Protections,’’ published
December 30, 2009, and effective April
29, 2010, that requires airlines to
publish flight delay information on their
Web sites. This proposal is in response
to the petition of the Air Transport
Association of America (ATA), the
Regional Airline Association (RAA) and
the Air Carrier Association of America
(ACAA) 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
acknowledges that additional time to
comply with the posting of flight delay
information on the carriers’ Web sites
may be warranted to ensure the posting
of complete and accurate information
but is not persuaded that the full 90
days requested by the carrier
associations is needed. Therefore, this
NPRM proposes to extend the
compliance date for the provision in
question for an additional 45 days, from
April 29, 2010, to June 14, 2010.
DATES: Comments on amending the final
rule published December 30, 2009, at 74
FR 68983, effective April 29, 2010,
should be filed by March 25, 2010.
ADDRESSES: You may file comments
identified by the docket number DOT–
OST–2010–0039 by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for submitting
comments.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Ave., SE., Room W12–140,
Washington, DC 20590–0001.
• 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.
• Fax: (202) 493–2251.
Instructions: You must include the
agency name and docket number DOT–
OST–2010–0039 or the Regulatory
Identification Number (RIN) for the
rulemaking at the beginning of your
comment. All comments received will
be posted without change to https://
www.regulations.gov, including any
personal information provided.
Privacy Act: Anyone is able to search
the electronic form of all comments
E:\FR\FM\10MRP1.SGM
10MRP1
erowe on DSK5CLS3C1PROD with PROPOSALS-1
11076
Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Proposed Rules
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
https://DocketsInfo.dot.gov.
Docket: For access to the docket to
read background documents or
comments received, go to https://
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, 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
(e-mail).
SUPPLEMENTARY INFORMATION: On
December 30, 2009, the Department of
Transportation published a final rule in
the Federal Register (74 FR 68983),
titled the ‘‘Enhancing Airline Passenger
Protections’’ final rule that, among other
things, 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 websites.
Under the rule, 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 rule requires that
reporting carriers provide on their
websites 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 Air Transport Association of
America (ATA), the Regional Airline
Association (RAA) and the Air Carrier
Association of America (ACAA) have
requested that the Department of
Transportation extend the compliance
time for publishing flight delay
information on airlines’ websites by 90
days. The carrier associations state that
the compliance date of April 29, 2010,
VerDate Nov<24>2008
15:23 Mar 09, 2010
Jkt 220001
is unworkable because of the extensive
changes to carrier reporting systems and
internet displays needed to comply with
the rule. ATA asserts that, on average,
each carrier will need to expend 1550
hours to comply with the new
disclosure requirements. ATA explains
that this work involves a number of
company disciplines and that each area
of work must be completed in
succession. For example, according to
ATA, the work to ensure compliance
with the flight time disclosure
requirements in the rule must be
completed in a particular order: Each
carrier must first design changes based
on its current data capabilities, which
on average will take approximately 415
hours; once the design is completed,
programming changes, which on
average will take approximately 560
hours, will need to be done; the testing
period once programming is completed
will then take on average approximately
445 hours; and finally the deployment
process, once testing is completed, will
take on average approximately 130
hours. ATA points out that, during the
past month, while some work has began,
carriers have spent the majority of the
time determining the new regulatory
requirements including seeking
clarification on aspects of the rule and
identifying the system changes that are
needed in order to begin the first phase
of system design. ATA also calls
attention to the fact that delays at one
carrier will impact the compliance
schedule of all of its domestic codeshare partners because the rule requires
reporting carriers to post flight delay
information not only for each flight it
operates but also for each flight its U.S.
code-share partners operate for which
schedule information is available. Some
of the code-share partners of the
reporting carriers, it is noted, do not
report on-time performance data to the
Department. This will likely necessitate
the reporting carriers collecting the ontime performance data for these carriers
through third party entities. In addition,
ATA notes that a number of U.S.
carriers are discussing the possibility of
creating and implementing an
International Air Transport Association
(IATA) standard for displaying codeshare information to be shared among
carriers, but that such standardization is
likely to require a minimum 60-day
approval process once the data
standards are defined. For these reasons,
ATA asserts that carriers need
additional time to fulfill the
Department’s goal of providing accurate
flight delay information for the public.
Interested parties can read the carrier
associations’ requests to extend the
PO 00000
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Fmt 4702
Sfmt 4702
compliance date in their entirety at
DOT–OST–2010–0039.
The Department tentatively agrees
that some extension of time in the
compliance date for publishing flight
delay data on airlines’ Web sites may be
warranted, but does not believe that a
90-day extension is justified. Instead,
the Department is proposing to revise 14
CFR 234.11 to extend the compliance
date of sections 234.11(b) and (c) by an
additional 45 days until June 14, 2010.
We believe this revised compliance date
will provide the airlines adequate time
to comply with the requirement to
provide certain flight delay data on their
Web sites. We emphasize that this
proposed extension of time is limited to
that portion of our ‘‘Enhancing Airline
Passenger Protections’’ rule described
above dealing with publication on
carrier websites of flight delay data. It
does not affect any other provision in
the ‘‘Enhancing Airline Passenger
Protections’’ rule, including the
provision requiring U.S. carriers to
allow passengers on domestic flights to
deplane after three hours on the tarmac
subject to exceptions for safety, security
or ATC considerations, and the
compliance date for those provisions
remains April 29, 2009. In proposing the
June 14, 2010, compliance date for the
requirements pertaining to publishing
delay data on carriers’ websites, the
Department is balancing 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. We are specifically inviting
comment on the issue of the proposed
change in the compliance date. Is a 45day extension too long or too short? We
are not convinced at this juncture that
a 90-day extension is necessary and
invite carriers to provide evidence to the
contrary in their comments on this
proposal.
The Department is providing a very
limited comment period on this
proposal because the issue on which
comment is sought is limited to a
change in the compliance date of only
a small portion of the ‘‘Enhancing
Airline Passenger Protections’’ final rule.
Additionally, the final rule has an
effective date of April 29, 2010, less
than two months from today. We believe
that, under these circumstances, fifteen
days will provide the public with
meaningful participation in the
regulatory process and enable the
Department to review the comments
submitted and issue a final rule on this
matter sufficiently before April 29,
2010, to permit the air carriers to
E:\FR\FM\10MRP1.SGM
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Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Proposed Rules
additional 45 days to comply with a
regulatory provision whose paperwork
impact has already been analyzed by the
Department.
efficiently complete the tasks
necessitated by the rule.
Regulatory Analyses and Notices
A. Executive Order 12866 (Regulatory
Planning and Review) and DOT
Regulatory Policies and Procedures
This rulemaking action is not a
significant regulatory action under
Executive Order 12866 and the
Department of Transportation’s
Regulatory Policies and Procedures.
Accordingly, this rule has not been
reviewed by the Office of Management
and Budget (OMB).
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 rulemaking.
Issued this 5th day of March 2009, in
Washington, DC.
Ray LaHood,
Secretary of Transportation.
List of Subjects in 14 CFR Part 234
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 rulemaking will not
have a significant impact on a
substantial number of small entities.
The NPRM would impose no duties or
obligations on small entities.
Air carriers, Consumer protection,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, the Department proposes to
amend the final rule published
December 30, 2009, at 74 FR 68983,
effective April 29, 2010, amending Title
14, Chapter II, Subchapter A, part 234,
as follows:
C. Executive Order 13132 (Federalism)
This action will 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 will
not have federalism implications.
PART 234—AIRLINE SERVICE
QUALITY PERFORMANCE REPORTS
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D. Executive Order 13084
This notice has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13084 (‘‘Consultation and Coordination
with Indian Tribal Governments’’).
Because the provision on which we are
seeking comment would 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 NPRM. The NPRM
merely proposes to provide an
VerDate Nov<24>2008
15:23 Mar 09, 2010
Jkt 220001
1. The authority citation for Part 234
continues to read as follows:
Authority: 49 U.S.C. 329 and chapters 401
and 417.
2. In the final rule published
December 30, 2009, at 74 FR 68983,
effective April 29, 2010, § 234.11 is
amended by adding paragraph (d) to
read as follows:
§ 234.11
Disclosure to consumers.
*
*
*
*
*
(d) A reporting carrier must meet the
requirements of paragraphs (b) and (c) of
this section by June 14, 2010.
[FR Doc. 2010–5244 Filed 3–9–10; 8:45 am]
BILLING CODE P
DEPARTMENT OF JUSTICE
28 CFR Part 115
[Docket No. OAG–131; AG Order No. 3143–
2010]
RIN 1105–AB34
National Standards To Prevent, Detect,
and Respond to Prison Rape
Department of Justice.
Advance notice of proposed
rulemaking.
AGENCY:
ACTION:
SUMMARY: The Department of Justice
(Department) is reviewing national
standards for enhancing the prevention,
detection, and response to sexual abuse
in confinement settings that were
PO 00000
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Fmt 4702
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11077
prepared by the National Prison Rape
Elimination Commission (Commission)
pursuant to the Prison Rape Elimination
Act of 2003 (PREA) and recommended
by the Commission to the Attorney
General. The Department is issuing this
Advance Notice of Proposed
Rulemaking to solicit public input on
the Commission’s proposed national
standards and to receive information
useful to the Department in publishing
a final rule adopting national standards
for the detection, prevention, reduction,
and punishment of prison rape, as
mandated by PREA.
DATES: Written comments must be
postmarked on or before May 10, 2010,
and electronic comments must be sent
on or before midnight Eastern Time May
10, 2010.
ADDRESSES: To ensure proper handling
of comments, please reference ‘‘Docket
No. OAG–131’’ on all written and
electronic correspondence. Written
comments being sent via regular or
express mail should be sent to Robert
Hinchman, Senior Counsel, Office of
Legal Policy, Department of Justice, 950
Pennsylvania Avenue, NW., Room 4252,
Washington, DC 20530. Comments may
also be sent electronically through
https://www.regulations.gov using the
electronic comment form provided on
that site. An electronic copy of this
document is also available at the
https://www.regulations.gov Web site.
The Department will accept attachments
to electronic comments in Microsoft
Word, WordPerfect, Adobe PDF, or
Excel file formats only. The Department
will not accept any file formats other
than those specifically listed here.
Please note that the Department is
requesting that electronic comments be
submitted before midnight Eastern Time
on the day the comment period closes
because https://www.regulations.gov
terminates the public’s ability to submit
comments at midnight Eastern Time on
the day the comment period closes.
Commenters in time zones other than
Eastern Time may want to consider this
so that their electronic comments are
received. All comments sent via regular
or express mail will be considered
timely if postmarked on the day the
comment period closes.
FOR FURTHER INFORMATION CONTACT:
Robert Hinchman, Senior Counsel,
Office of Legal Policy, Department of
Justice, 950 Pennsylvania Avenue, NW.,
Room 4252, Washington, DC 20530;
telephone: (202) 514–8059. This is not
a toll-free number.
SUPPLEMENTARY INFORMATION: Posting of
Public Comments: Please note that all
comments received are considered part
of the public record and made available
E:\FR\FM\10MRP1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 46 (Wednesday, March 10, 2010)]
[Proposed Rules]
[Pages 11075-11077]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5244]
-----------------------------------------------------------------------
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: Response to Requests To
Extend Compliance Date
AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT).
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Department of Transportation is proposing to extend by 45
days, or until June 14, 2010, the compliance date of the provision in
its final rule entitled ``Enhancing Airline Passenger Protections,''
published December 30, 2009, and effective April 29, 2010, that
requires airlines to publish flight delay information on their Web
sites. This proposal is in response to the petition of the Air
Transport Association of America (ATA), the Regional Airline
Association (RAA) and the Air Carrier Association of America (ACAA) 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 acknowledges that additional time to comply
with the posting of flight delay information on the carriers' Web sites
may be warranted to ensure the posting of complete and accurate
information but is not persuaded that the full 90 days requested by the
carrier associations is needed. Therefore, this NPRM proposes to extend
the compliance date for the provision in question for an additional 45
days, from April 29, 2010, to June 14, 2010.
DATES: Comments on amending the final rule published December 30, 2009,
at 74 FR 68983, effective April 29, 2010, should be filed by March 25,
2010.
ADDRESSES: You may file comments identified by the docket number DOT-
OST-2010-0039 by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for submitting
comments.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave., SE., Room W12-140, Washington, DC
20590-0001.
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.
Fax: (202) 493-2251.
Instructions: You must include the agency name and docket number
DOT-OST-2010-0039 or the Regulatory Identification Number (RIN) for the
rulemaking at the beginning of your comment. All comments received will
be posted without change to https://www.regulations.gov, including any
personal information provided.
Privacy Act: Anyone is able to search the electronic form of all
comments
[[Page 11076]]
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 https://DocketsInfo.dot.gov.
Docket: For access to the docket to read background documents or
comments received, go to https://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, 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 (e-mail).
SUPPLEMENTARY INFORMATION: On December 30, 2009, the Department of
Transportation published a final rule in the Federal Register (74 FR
68983), titled the ``Enhancing Airline Passenger Protections'' final
rule that, among other things, 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
websites. Under the rule, 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 rule requires that
reporting carriers provide on their websites 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 Air Transport Association of America (ATA), the Regional
Airline Association (RAA) and the Air Carrier Association of America
(ACAA) have requested that the Department of Transportation extend the
compliance time for publishing flight delay information on airlines'
websites by 90 days. The carrier associations state that the compliance
date of April 29, 2010, is unworkable because of the extensive changes
to carrier reporting systems and internet displays needed to comply
with the rule. ATA asserts that, on average, each carrier will need to
expend 1550 hours to comply with the new disclosure requirements. ATA
explains that this work involves a number of company disciplines and
that each area of work must be completed in succession. For example,
according to ATA, the work to ensure compliance with the flight time
disclosure requirements in the rule must be completed in a particular
order: Each carrier must first design changes based on its current data
capabilities, which on average will take approximately 415 hours; once
the design is completed, programming changes, which on average will
take approximately 560 hours, will need to be done; the testing period
once programming is completed will then take on average approximately
445 hours; and finally the deployment process, once testing is
completed, will take on average approximately 130 hours. ATA points out
that, during the past month, while some work has began, carriers have
spent the majority of the time determining the new regulatory
requirements including seeking clarification on aspects of the rule and
identifying the system changes that are needed in order to begin the
first phase of system design. ATA also calls attention to the fact that
delays at one carrier will impact the compliance schedule of all of its
domestic code-share partners because the rule requires reporting
carriers to post flight delay information not only for each flight it
operates but also for each flight its U.S. code-share partners operate
for which schedule information is available. Some of the code-share
partners of the reporting carriers, it is noted, do not report on-time
performance data to the Department. This will likely necessitate the
reporting carriers collecting the on-time performance data for these
carriers through third party entities. In addition, ATA notes that a
number of U.S. carriers are discussing the possibility of creating and
implementing an International Air Transport Association (IATA) standard
for displaying code-share information to be shared among carriers, but
that such standardization is likely to require a minimum 60-day
approval process once the data standards are defined. For these
reasons, ATA asserts that carriers need additional time to fulfill the
Department's goal of providing accurate flight delay information for
the public. Interested parties can read the carrier associations'
requests to extend the compliance date in their entirety at DOT-OST-
2010-0039.
The Department tentatively agrees that some extension of time in
the compliance date for publishing flight delay data on airlines' Web
sites may be warranted, but does not believe that a 90-day extension is
justified. Instead, the Department is proposing to revise 14 CFR 234.11
to extend the compliance date of sections 234.11(b) and (c) by an
additional 45 days until June 14, 2010. We believe this revised
compliance date will provide the airlines adequate time to comply with
the requirement to provide certain flight delay data on their Web
sites. We emphasize that this proposed extension of time is limited to
that portion of our ``Enhancing Airline Passenger Protections'' rule
described above dealing with publication on carrier websites of flight
delay data. It does not affect any other provision in the ``Enhancing
Airline Passenger Protections'' rule, including the provision requiring
U.S. carriers to allow passengers on domestic flights to deplane after
three hours on the tarmac subject to exceptions for safety, security or
ATC considerations, and the compliance date for those provisions
remains April 29, 2009. In proposing the June 14, 2010, compliance date
for the requirements pertaining to publishing delay data on carriers'
websites, the Department is balancing 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. We are specifically
inviting comment on the issue of the proposed change in the compliance
date. Is a 45-day extension too long or too short? We are not convinced
at this juncture that a 90-day extension is necessary and invite
carriers to provide evidence to the contrary in their comments on this
proposal.
The Department is providing a very limited comment period on this
proposal because the issue on which comment is sought is limited to a
change in the compliance date of only a small portion of the
``Enhancing Airline Passenger Protections'' final rule. Additionally,
the final rule has an effective date of April 29, 2010, less than two
months from today. We believe that, under these circumstances, fifteen
days will provide the public with meaningful participation in the
regulatory process and enable the Department to review the comments
submitted and issue a final rule on this matter sufficiently before
April 29, 2010, to permit the air carriers to
[[Page 11077]]
efficiently complete the tasks necessitated by the rule.
Regulatory Analyses and Notices
A. Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
This rulemaking action is not a significant regulatory action under
Executive Order 12866 and the Department of Transportation's Regulatory
Policies and Procedures. Accordingly, this 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 rulemaking
will not have a significant impact on a substantial number of small
entities. The NPRM would impose no duties or obligations on small
entities.
C. Executive Order 13132 (Federalism)
This action will 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 will not have federalism
implications.
D. Executive Order 13084
This notice has been analyzed in accordance with the principles and
criteria contained in Executive Order 13084 (``Consultation and
Coordination with Indian Tribal Governments''). Because the provision
on which we are seeking comment would 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 NPRM. The NPRM merely proposes to provide an additional 45
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
rulemaking.
Issued this 5th day of March 2009, in Washington, DC.
Ray LaHood,
Secretary of Transportation.
List of Subjects in 14 CFR Part 234
Air carriers, Consumer protection, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, the Department proposes
to amend the final rule published December 30, 2009, at 74 FR 68983,
effective April 29, 2010, amending Title 14, Chapter II, Subchapter A,
part 234, as follows:
PART 234--AIRLINE SERVICE QUALITY PERFORMANCE REPORTS
1. The authority citation for Part 234 continues to read as
follows:
Authority: 49 U.S.C. 329 and chapters 401 and 417.
2. In the final rule published December 30, 2009, at 74 FR 68983,
effective April 29, 2010, Sec. 234.11 is amended by adding 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 14, 2010.
[FR Doc. 2010-5244 Filed 3-9-10; 8:45 am]
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