Posting of Flight Delay Data on Web Sites, 34925-34927 [2010-15000]
Download as PDF
Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Rules and Regulations
We agree and added a reference to
EASA AD 2009–0270 in the AD.
Conclusion
We have carefully reviewed the
available data, including the comments
received, and determined that air safety
and the public interest require adopting
the AD with the changes described
previously. We have determined that
these changes will neither increase the
economic burden on any operator nor
increase the scope of the AD.
Costs of Compliance
We estimate that this AD will affect
two engines installed on airplanes of
U.S. registry. The pro-rated cost of the
replacement parts is $40,375 per engine.
We estimate that no additional labor
costs will be incurred to perform the
required disk removals, because the
removals will be done at time of engine
shop visit. Based on these figures, we
estimate the total cost of the AD to U.S.
operators to be $80,750.
mstockstill on DSKH9S0YB1PROD with RULES
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in subtitle VII,
part A, subpart III, section 44701,
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We have determined that this AD will
not have federalism implications under
Executive Order 13132. This AD 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.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
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16:37 Jun 18, 2010
Jkt 220001
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a summary of the costs
to comply with this AD and placed it in
the AD Docket. You may get a copy of
this summary at the address listed
under ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the Federal Aviation Administration
amends 14 CFR part 39 as follows:
■
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2010–13–09 CFM International, S.A.:
Amendment 39–16340. Docket No.
FAA–2010–0026; Directorate Identifier
2010–NE–03–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective July 26, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to:
(1) CFM International CFM56–5, –5B, and
–7B series turbofan engines with stage 3 lowpressure turbine (LPT) disks part number
(P/N) 336–002–006–0, installed with the
following serial numbers (S/Ns), DE255844,
DE256388, DE256622, DE256623, DE256625,
DE256627, DE256628, DE256631, and
DE256637.
(2) CFM International, S.A. has stated that
none of these affected disk S/Ns were
originally installed on any CFM56–5 turbofan
engine, however, that disk P/N is certified for
use on CFM56–5 engines.
(3) The –5 and –5B series engines are
installed on, but not limited to, Airbus A318,
A319, A320, and A321 airplanes, and the –7B
series engines are installed on, but not
limited to, Boeing 737 series airplanes.
Unsafe Condition
(d) This AD results from the discovery of
a material nonconformity requiring removal
of the disk before the certified disk life of
certain stage 3 LPT disks. We are issuing this
AD to prevent uncontained failure of the
stage 3 LPT disk and damage to the airplane.
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Frm 00003
Fmt 4700
Sfmt 4700
34925
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance time specified unless the
actions have already been done.
Removal of Affected Stage 3 LPT Disks From
Service
(f) Before accumulating 9,500 cycles-sincenew, remove stage 3 LPT disks from service.
(g) After the effective date of this AD, do
not reinstall any stage 3 LPT disk removed
from service per paragraph (f) of this AD into
any engine.
Alternative Methods of Compliance
(h) 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
(i) Contact Antonio Cancelliere, Aerospace
Engineer, Engine Certification Office, FAA,
Engine & Propeller Directorate, 12 New
England Executive Park, Burlington, MA
01803; e-mail: antonio.cancelliere@faa.gov;
telephone (781) 238–7751; fax (781) 238–
7199, for more information about this AD.
(j) European Aviation Safety Agency AD
2009–0270, dated December 17, 2009, also
addresses the subject of this AD.
(k) CFM International, S.A. Service
Bulletin (SB) No. CFM56–5B S/B 72–0733,
dated October 26, 2009, and SB No. CFM56–
7B S/B 72–0743, dated October 26, 2009,
pertain to the subject of this AD. Contact
CFM International, Technical Publications
Department, 1 Neumann Way, Cincinnati,
OH 45215; telephone (513) 552–2800; fax
(513) 552–2816, for a copy of this service
information.
Material Incorporated by Reference
(l) None.
Issued in Burlington, Massachusetts, on
June 15, 2010.
Peter A. White,
Assistant Manager, Engine and Propeller
Directorate, Aircraft Certification Service.
[FR Doc. 2010–14819 Filed 6–18–10; 8:45 am]
BILLING CODE 4910–13–P
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.
SUMMARY: This direct final rule amends
the time period for uploading flight
E:\FR\FM\21JNR1.SGM
21JNR1
mstockstill on DSKH9S0YB1PROD with RULES
34926
Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Rules and Regulations
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:
Æ Federal eRulemaking Portal: go to
https://www.regulations.gov and follow
the online instructions for submitting
comments.
Æ Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Ave., SE., Room W12–140,
Washington, DC 20590–0001.
Æ 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.
Æ 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 https://
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 https://
DocketsInfo.dot.gov.
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16:37 Jun 18, 2010
Jkt 220001
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, 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), blane.workie@dot.gov
(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
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Frm 00004
Fmt 4700
Sfmt 4700
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
E:\FR\FM\21JNR1.SGM
21JNR1
Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Rules and Regulations
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).
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.
DEPARTMENT OF HOMELAND
SECURITY
E. Paperwork Reduction Act
[Docket No. USCG–2010–0525]
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.
RIN 1625–AA00
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.
■
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.
mstockstill on DSKH9S0YB1PROD with RULES
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.
■
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
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16:37 Jun 18, 2010
Jkt 220001
34927
For the reasons set forth in the
preamble, the Department amends 14
CFR 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 § 234.11, revise paragraph (c) to
read as follows:
§ 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
PO 00000
Frm 00005
Fmt 4700
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Coast Guard
33 CFR Part 165
Safety Zone; Parade of Ships, Seattle
SeaFair Fleet Week, Pier 66, Elliott Bay,
WA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone
extending 100 yards from Pier 66, Elliott
Bay, Washington to ensure adequate
safety of the boating public during naval
and aerial spectator events associated
with the Parade of Ships for the annual
Seattle SeaFair Fleet Week. This action
is intended to restrict vessel traffic
movement and entry into, transit
through, mooring, or anchoring within
these zones is prohibited unless
authorized by the Captain of the Port,
Puget Sound or Designated
Representative.
DATES: This rule is effective from 8 a.m.
until 8 p.m. on August 4, 2010.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket, are part of docket USCG–2010–
0525 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–0525 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ This
material is also available for inspection
or copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail Ensign Ashley M.
Wanzer, Sector Seattle Waterways
Management, Coast Guard; telephone
206–217–6175, e-mail
SectorSeattleWWM@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
E:\FR\FM\21JNR1.SGM
21JNR1
Agencies
[Federal Register Volume 75, Number 118 (Monday, June 21, 2010)]
[Rules and Regulations]
[Pages 34925-34927]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15000]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
SUMMARY: This direct final rule amends the time period for uploading
flight
[[Page 34926]]
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 https://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 https://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 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, 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), blane.workie@dot.gov (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
[[Page 34927]]
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.
0
For the reasons set forth in the preamble, the Department amends 14 CFR
part 234 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, 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]
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