Notice of Submission of Proposed Information Collection to OMB; Agency Request for Renewal of a Previously Approved Collection: Airline Service Quality Performance-Part 234, 14317-14320 [2025-05260]

Agencies

• DEPARTMENT OF TRANSPORTATION
• Office of the Secretary

[Federal Register Volume 90, Number 60 (Monday, March 31, 2025)]
[Notices]
[Pages 14317-14320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05260]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket ID Number: DOT-OST-2014-0031]


Notice of Submission of Proposed Information Collection to OMB; 
Agency Request for Renewal of a Previously Approved Collection: Airline 
Service Quality Performance--Part 234

AGENCY: Office of the Assistant Secretary for Research and Technology 
(OST-R), Bureau of Transportation Statistics (BTS), Department of 
Transportation (DOT or Department).

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this 
notice announces that DOT is submitting a request to the Office of 
Management and Budget (OMB) for renewal of OMB Control Number 2138-0041 
covering Airline Service Quality Performance On-time Performance and 
Mishandled Baggage reports that the largest U.S. air carriers file with 
DOT under the Code of Federal Regulations (CFR). In this notice, the 
Department responds to previously submitted comments and announces an 
additional 30 days of public comment.

DATES: Comments on this notice must be received by April 30, 2025. 
Interested persons are invited to submit comments regarding this 
proposal.

ADDRESSES: Written comments and recommendations for the proposed ICR 
should be sent within 30 days of publication of this notice to 
www.reginfo.gov/public/do/PRAMain. Find this particular ICR by 
selecting ``Currently under 30-day Review--Open for Public Comments'' 
or by using the search function.

FOR FURTHER INFORMATION CONTACT: Cecelia Robinson, Office of Airline 
Information, RTS-42, Room E34-410, OST-R, BTS, 1200 New Jersey Avenue 
SE, Washington, DC 20590-0001, Telephone Number (202) 366-4405 (voice), 
Fax Number (202) 366-3383 or Email [email protected].

SUPPLEMENTARY INFORMATION: DOT collects information regarding flight 
performance and mishandled baggage, wheelchairs, and scooters from the 
largest U.S. air carriers under 14 CFR part 234. The air carriers 
required to provide this information to DOT consist of the U.S. air 
carriers that account for at least 0.5 percent of domestic scheduled-
passenger revenues (Reporting Carriers) as most recently determined by 
OAI. Also, an air carrier that is not a Reporting Carrier may 
voluntarily submit the flight performance and mishandled baggage, 
wheelchairs, and scooters information to the Department pursuant to 14 
CFR 234.7. A carrier that voluntarily reports such data to DOT must do 
so for at least 12 consecutive months.
    The Part 234 On-time Performance reports submitted to DOT by air 
carriers must consist of information on domestic flight operations and 
performance as described in 14 CFR 234.4.\1\ The Part 234 Mishandled 
Baggage reports submitted to DOT by each Reporting Carrier must include 
the following information for covered domestic flights: (1) the number 
of bags mishandled in its custody, (2) the number of bags enplaned into 
the aircraft cargo compartment, (3) the number of wheelchairs and 
scooters mishandled in its custody, and (4) the number of wheelchairs 
and scooters enplaned into the aircraft cargo compartment.\2\ Each 
carrier reporting flight performance and mishandled baggage, 
wheelchair, and scooter information to DOT must do so on a monthly 
basis for the covered flights it operates and for any covered flights 
held out under the Reporting Carrier's code (as the only U.S. carrier 
code) and operated by a codeshare partner of the Reporting Carrier that 
is a U.S. air carrier. These codeshare partners generally adopt the 
marketing carrier's branding and, thus, are referred to as branded 
codeshare partners.
---------------------------------------------------------------------------

    \1\ The format and instructions for reporting this information 
are in Technical Reporting Directive #27--On-Time Performance, 
effective January 1, 2018, available at: https://www.bts.gov/topics/airlines-and-airports/number-31-technical-directive-time-reporting-effective-jan-1-2019. The reporting instructions in Technical 
Reporting Directive #27 were republished in Technical Directive #31 
(effective January 1, 2025), which is intended to provide the list 
of Reporting Carriers for 2025. See https://www.bts.gov/explore-topics-and-geography/modes/aviation/number-39-technical-directive-reporting-time.
    \2\ The format and instructions for reporting mishandled baggage 
and wheelchair and scooter information to DOT are in Technical 
Reporting Directive #30A--Mishandled Baggage and Wheelchairs and 
Scooters (Amended), effective January 1, 2019, available at: https://www.bts.dot.gov/sites/bts.dot.gov/files/docs/explore-topics-and-geography/topics/airlines-and-airports/224606/technicaldirective30abaggage2019amended.pdf.
---------------------------------------------------------------------------

    DOT uses the information reported by airlines to provide airline 
performance information and statistics on the BTS website and in the 
Air Travel Consumer Report (ATCR), a monthly publication of DOT's 
Office of Aviation Consumer Protection (OACP). OACP also uses the data 
to monitor flight delays and cancellations. Consumers, industry 
stakeholders, and academics use the information DOT publishes to 
understand and compare airlines' service quality performance, including 
airlines' rates of on-time performance and cancellation and rates of 
baggage and wheelchair and scooter mishandling. Additionally, section 
544(c) of the FAA Reauthorization Act of 2024 (Act), which was enacted 
on May 16, 2024, directs DOT to evaluate data regarding the type and 
frequency of incidents involving the mishandling of wheelchairs on 
aircraft and determine whether there are trends with respect to the 
data evaluated and make available on the DOT website a report 
containing the results of the evaluations of data and determinations on 
how DOT plans to address such results. The mishandled wheelchairs and 
scooters data reported under part 234 is essential for DOT to comply 
with this statutory mandate. As for the Part 234 flight performance 
data, DOT's Federal Aviation Administration uses the data to analyze 
air traffic delays. The data can be analyzed for airport design 
changes, capital investments, and planning new runways or airports 
based on current and projected airport delays and traffic levels.
    A 60-day comment period soliciting comments on the information 
collections was published on November 8, 2024. See 89 FR at 88861. 
Three comments were received. On January 28, 2025, the Department 
published a second notice seeking comment on the information 
collections, which did not include the Department's responses to

[[Page 14318]]

the public comments it received in response to the November 8, 2024, 
notice. See 90 FR 8318.
    DOT is publishing this notice to address the comments received on 
the 60-day notice and announce that its request for renewal of the 
previously approved information collections described above under OMB 
Control Number 2138-0041 is being forwarded to OMB. Without further 
action, OMB authorization of the information collections would expire 
March 31, 2025.
    The Paperwork Reduction Act of 1995 (PRA) and its implementing 
regulations, 5 CFR part 1320, require Federal agencies to issue two 
notices seeking public comment on information collection activities 
before OMB may approve paperwork packages. A Federal agency generally 
may not conduct or sponsor a collection of information, and the public 
is generally not required to respond to an information collection, 
unless it is approved by OMB under the PRA and displays a currently 
valid OMB Control Number. In addition, no person shall generally be 
subject to monetary penalty for failing to comply with a collection of 
information if the collection of information does not display a valid 
OMB Control Number.
    As noted above, on November 8, 2024, the Department published a 60-
day notice in the Federal Register soliciting comment on ICRs for which 
the agency was seeking OMB approval (89 FR at 88861). The Department 
received comments on the 60-day notice from Airlines for America (A4A), 
Paralyzed Veterans of America (PVA), and an individual, which are 
available in the docket. A4A's comments, while recognizing the need for 
the data, urge the Department to update its on-time performance 
regulation in part 234 before seeking approval from OMB to renew the 
collection of part 234 information. PVA's comments, which address the 
collection of data on mishandled baggage and wheelchair and scooters by 
the Department, emphasize the importance of all reporting requirements 
for mishandled wheelchairs and scooters being consistent with 
requirements in the Department's disability regulation in 14 CFR part 
382. The individual comment also supports the Department's collection 
of mishandled wheelchairs and scooters information, stating that this 
information allows the Department to hold airlines accountable for 
mishandling wheelchairs and other assistive devices. The individual 
adds that this accountability would ideally encourage airlines to 
improve their practice and handling of wheelchairs and other devices. 
By this notice, the Department provides its response to these comments. 
The Department further announces that these information collection 
activities have been re-evaluated and certified under 5 CFR 1320.5(a) 
and forwarded to OMB for review and approval pursuant to 5 CFR 
1320.12(c).
    Before OMB decides whether to approve these proposed collections of 
information, it must provide 30 days for public comment. 44 U.S.C. 
3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or 
disapprove paperwork packages between 30 and 60 days after the 30-day 
notice is published. 44 U.S.C. 3507(b) and (c); 5 CFR 1320.12(d). The 
30-day notice informs the regulated community to file relevant comments 
to OMB and affords the agency adequate time to digest public comments 
before it renders a decision. 60 FR 44983 (Aug. 29, 1995). Therefore, 
respondents should submit their respective comments to OMB within 30 
days of publication to best ensure their full consideration. 5 CFR 
1320.12(c); see also 60 FR 44983 (Aug. 29, 1995).

Part 234 On-Time Performance

1. A4A Comments and DOT Response Regarding Current Information 
Collection

    A4A's comments assert that, before the Department seeks approval 
from OMB to renew the collection of part 234 information, the 
Department should update part 234, and this information collection. As 
support, A4A cites section 511 of the FAA Reauthorization Act of 2024 
(2024 FAA Act) \3\ which requires the Department to initiate a 
rulemaking to revise part 234 to create a new ``cause of delay'' 
category or categories that are due to instructions from the FAA Air 
Traffic Control System. A4A also references its petition for rulemaking 
to revise on-time performance reporting regulations in part 234. See 
Airlines for America, et al., Petition for Rulemaking To Revise On-time 
Performance Reporting Regulations Under 14 CFR part 234, Docket No. 
DOT-OST-2024-0123-0001, available at: https://www.regulations.gov/document/DOT-OST-2024-0123-0001. In its comments, A4A suggests that 
airlines should not face any regulatory liability risk when the 
Department itself has not abided by the directions of Congress to 
update the reporting requirements. A4A adds that BTS should revise the 
applicable technical reporting directives with instructions to report 
on-time performance data to be consistent with congressional 
instruction in section 511 of the 2024 FAA Act and other A4A 
recommendations for quality, utility, and clarity before seeking 
renewal of the information collection. A4A further asserts that to 
improve the quality of information, BTS should implement the 
recommendations from a recent DOT Office of Inspector General (OIG) 
report addressing flight data collected by BTS. See Audit Report, 
AV2025003, available at https://www.oig.dot.gov/library-item/46490 (OIG 
Report).
---------------------------------------------------------------------------

    \3\ FAA Reauthorization Act of 2024, Public Law 118-63, sec. 511 
(May 16, 2024).
---------------------------------------------------------------------------

    The Department agrees with A4A that there are issues regarding 
airlines' reporting of flight performance data that need to be 
addressed. The Department intends to examine and address these issues 
as it works through the process of responding to the A4A petition for 
rulemaking. As directed in section 511 of the FAA Reauthorization Act 
of 2024, BTS has already initiated a rulemaking titled Revisions to 
Cause of Delay Categories (RIN 2105-AF29) to address the categories of 
the causes of delay and cancellation the largest U.S. airlines report 
to DOT. In addition, BTS has agreed to implement each of the OIG's 
recommended actions regarding flight performance data. These processes 
will take time to constructively complete and the Department finds 
great benefit in continuing to collect on-time performance reports 
while the issues are evaluated. Therefore, the Department seeks renewal 
of this information collection while the processes continue.
    To the extent the airlines and other members of the public have 
questions about how DOT intends to enforce certain requirements for 
reporting on-time performance data, those entities or individuals 
should contact the Office of Aviation Consumer Protection within the 
U.S. Department of Transportation's Office of the General Counsel.

2. A4A Comments and DOT Response Regarding Reporting Burden

    A4A notes its belief that DOT understated the estimated 
recordkeeping and reporting burdens for on-time performance and urges 
DOT to reduce the reporting burden on airlines. A4A states that, based 
on information from its reporting airline members, for reporting of on-
time performance, it can take an air carrier up to 22 hours per month 
instead of 10 hours per month as estimated by the Department to report 
flight performance information for the flights they operate, which 
includes time accrued for data compilation, validation, error 
correction, and closing

[[Page 14319]]

of reports for submission to the Department.
    Because A4A's estimate is representative of Reporting Carriers, the 
Department will adopt this estimate for the purposes estimating the 
burden or reporting for on-time performance. A4A did not comment on the 
Department's estimate that it can take air carriers reporting flight 
performance information for flights operated by their code share 
partners 16 hours per response each month. Nevertheless, the Department 
will also rely on A4A's estimate of 22 hours per respondent for 
reporting flight performance information for flights operated by 
codeshare partners. Additionally, A4A asserts that more time would be 
needed to accurately report on the root cause of a delay and estimates 
approximately 20 more hours per carrier due to the complexity of root 
cause analysis on downstream flights and the required validation and 
error correction for precision. The Department will include this time 
within its burden estimates because at least one Reporting Carrier has 
been reporting root cause.\4\
---------------------------------------------------------------------------

    \4\ See OIG Report, page 12.
---------------------------------------------------------------------------

Part 234 Mishandled Baggage and Wheelchairs and Scooters

1. PVA Comment and DOT Response Regarding Current Information 
Collection

    PVA's comments emphasize the importance of collecting data on 
mishandled baggage and mishandled wheelchair and scooters, especially 
the number of enplaned wheelchairs and scooters and the number of 
wheelchairs and scooters mishandled while in the carriers' custody. PVA 
states that the data collection is necessary for advocacy and for 
enforcing the Air Carrier Access Act. PVA also points out that 
collecting the data is consistent with section 544(c) of the 2024 FAA 
Act, which requires the Department to evaluate data regarding the type 
and frequency of incidents of mishandled wheelchairs. Further, PVA 
suggests that there are ways to enhance the quality, utility, and 
clarity of the information to be collected. Specifically, in reference 
to BTS Technical Directive #30A for reporting mishandled baggage, 
wheelchairs, and scooters issued in 2018 \5\ and the Department's 
December 17, 2024 final rule on Ensuring Safe Accommodations for Air 
Travelers With Disabilities Using Wheelchairs (Wheelchair Rule),\6\ PVA 
states that the Department must update relevant guidance to ensure all 
reporting requirements for mishandled wheelchairs and scooters are 
consistent with 14 CFR 382.130, which concerns handling requirements 
for wheelchairs, scooters, and other assistive devices. PVA also urges 
the Department to update the Technical Directive regarding when a 
wheelchair or scooter is in the custody of the carrier as that term is 
defined under 14 CFR 382.3 and provide any further guidance as 
necessary to ensure proper reporting.
---------------------------------------------------------------------------

    \5\ Technical Reporting Directive #30A--Mishandled Baggage and 
Wheelchairs and Scooters (Amended), effective Jan. 1, 2019. https://www.bts.gov/topics/airlines-and-airports/number-30a-technical-directive-mishandled-baggage-amended-effective-jan.
    \6\ 89 FR 102398.
---------------------------------------------------------------------------

    The Department has carefully considered PVA's comments regarding 
the Wheelchair Rule and its impact on Technical Directive #30A and does 
not believe that an amendment of the Technical Directive is necessary. 
How carriers are required to handle wheelchairs, scooters, and other 
mobility aids, and what obligations apply (e.g., notifying passengers, 
providing loaner devices, and arranging for repair) when these devices 
are mishandled is addressed in 14 CFR 382.130. The regulation does not 
address how carriers should report mishandled devices. With respect to 
the definition for ``custody,'' the Department considers the definition 
of custody in 14 CFR 382.3 to be consistent with the existing 
definition of custody in Technical Directive #30A.\7\
---------------------------------------------------------------------------

    \7\ Under 14 CFR 382.3, an airline's custody begins when the 
passenger hands the device to an airline's representative or agent 
or leaves the wheelchair, scooter, or other assistive device at a 
location as instructed by the airline; an airline's custody ends 
when the passenger, or someone acting on behalf of the passenger, or 
another airline takes physical possession of the wheelchair, 
scooter, or other assistive device. Similarly, Technical Directive 
#30A provides that for the purposes of reporting mishandled baggage 
data to the Department, a bag, wheelchair, or scooter is in the 
custody of a carrier beginning at the point in time which the 
passenger hands the bag to the carrier's representative or agent, or 
leaves the bag at a location as instructed by the carrier. A 
carrier's custody ends when the passenger, a party acting on the 
passenger's behalf, or another carrier takes physical possession of 
the bag.
---------------------------------------------------------------------------

2. A4A Comments and DOT Response Regarding Reporting Burden

    For mishandled baggage reporting, the Department's 60-day notice 
estimated 10 hours monthly burden for each Reporting Carrier to report 
data for flights it operates, and another 16 hours for each Reporting 
Carrier to report data for flights operated by its branded codeshare 
partners. A4A suggested that the monthly burden should be increased to 
14 hours for reporting baggage data and to 72 hours for reporting 
wheelchairs data, both for flights operated by the reporting airlines. 
A4A indicates that the estimated burden reflects time accrued compiling 
data, validating data with third-party service providers, error 
correction, and closing reports for submission to the Department. In 
this Notice, the Department is using A4A's estimates for submitting 
baggage, wheelchair, and scooters data for reporting carrier-operated 
flights. A4A did not suggest a different burden estimate for reporting 
mishandled baggage, wheelchair, and scooter data for flights operated 
by reporting airlines' codeshare partners. However, based on A4A's 
estimates that reporting wheelchairs and scooters data is significantly 
more burdensome than reporting other baggage data, the Department is 
using the estimated burden in the Department's 60-day notice for 
reporting baggage (excluding wheelchairs) data for codeshare flights 
(16 hours) and applying A4A's estimated burden for reporting wheelchair 
data (72 hours) to codeshare flights.
    The title, a description of the respondents, and an estimate of the 
annual recordkeeping and periodic reporting burden for each of the 
information collections for which DOT seeks renewal are set forth 
below.
1. Airline Service Quality Performance Reports--Part 234 On-Time 
Performance
    Respondents: Certificated air carriers that account for at least 
0.5 percent of the domestic scheduled-service passenger revenues are 
required to report flight performance data for the covered flights that 
they operate as described in 14 CFR 234.4; Certificated air carriers 
that account for at least 0.5 percent of domestic scheduled-service 
passenger revenues are required to report this information for the 
covered flights marketed under the carrier's code as the only U.S. 
carrier code that are operated by another U.S. carrier as described in 
14 CFR 234.4; Air carriers may voluntarily report flight performance 
data pursuant to 14 CFR 234.7.
    Estimated Number of Respondents: 14 air carriers (4 of which market 
codeshare flights).
    Frequency: Monthly.
    Estimated Average Burden per Response: 42 hours for each respondent 
to report for the flights operated by the respondent and 42 hours for 
each respondent that reports for flights operated by its branded code-
share partners.
    Estimated Total Annual Burden: 9,072 hours (14 air carriers 
reporting the flight performance information for the

[[Page 14320]]

flights they operate x 42 hours per response x 12 months = 7,056 hours) 
+ (4 air carriers reporting the flight performance information for 
flights operated by their branded codeshare partners x 42 hours per 
response x 12 months = 2,016 hours). This estimate is based on the 
following information: 14 carriers report the flight performance data 
for the flights they operated to DOT in calendar year 2025.\8\ 
Currently, 4 carriers report flight performance data to DOT for their 
branded codeshare operations.
---------------------------------------------------------------------------

    \8\ See Technical Directive #31, supra note 1.
---------------------------------------------------------------------------

    DOT estimates that respondents will encounter up to a 42-hour 
burden per month to report flight performance data to DOT for the 
flights they operate. DOT estimates the respondents that market 
codeshare flights will also encounter up to a burden of 42 hours per 
month to report flight performance data to DOT for their branded 
codeshare operations. The burden estimates include staff time to manage 
and process the data, including by conducting error validation and 
precision, and to submit the report through DOT's electronic submission 
system.
2. Airline Service Quality Performance Reports--Part 234 Mishandled 
Baggage
    Respondents: Certificated air carriers that account for at least 
0.5 percent of the domestic scheduled-service passenger revenues are 
required to report mishandled baggage and wheelchairs and scooters data 
for the covered flights that they operate as described in 14 CFR 234.6; 
Certificated air carriers that account for at least 0.5 percent of 
domestic scheduled-service passenger revenues are also required to 
report this information for covered flights marketed under the 
carrier's code as the only U.S. carrier code that are operated by 
another U.S. carrier as described in 14 CFR 234.6; Air carriers may 
voluntarily report mishandled baggage and wheelchairs and scooters data 
pursuant to 14 CFR 234.7.
    Estimated Number of Respondents: 14 air carriers (4 that market 
codeshare flights).
    Frequency: Monthly.
    Estimated Average Burden per Response: 14 hours for each respondent 
to report mishandled baggage (other than wheelchairs and scooters) data 
for the flights operated by the respondent and 72 hours for the 
respondent to reports mishandled wheelchairs and scooters data for 
flights operated by the respondent. Additionally, 16 hours to report 
mishandled baggage (other than wheelchairs and scooters) data for 
flights operated by the respondent's branded codeshare partners and 72 
hours for reporting wheelchairs and scooters data for the flights 
operated by the respondent's branded codeshare partners.
    Estimated Total Annual Burden: 18,672 hours (14 air carriers 
reporting the mishandled baggage (excluding wheelchairs and scooters) 
information for flights they operate x 14 hours per response x 12 
months = 2,352 hours) + (14 air carriers reporting mishandled 
wheelchairs and scooters information for flights they operate x 72 
hours per response x 12 months = 12,096 hours) + (4 air carriers 
reporting the mishandled baggage (excluding wheelchairs and scooters) 
information for flights operated by their branded codeshare partners x 
16 hours per response x 12 months = 768 hours) + (4 air carriers 
reporting the mishandled wheelchairs and scooters information for 
flights operated by their branded codeshare partners x 72 hours per 
response x 12 months = 3,456 hours). This estimate is based on the 
following information: 14 carriers report mishandled baggage and 
wheelchair and scooter information to DOT in calendar year 2025. 
Currently, 4 carriers report mishandled baggage and wheelchair and 
scooter information to DOT for their codeshare operations.
    DOT estimates that respondents will encounter on up to a14-hour 
burden per month to report the mishandled baggage (excluding 
wheelchairs and scooters) data and up to a 72-hour burden per month to 
report the mishandled wheelchairs and scooters data to DOT for the 
flights they operate. This 72-hour burden includes the burden for any 
respondent to manually enter data notating the enplanement of a 
wheelchair or scooter.\9\ DOT estimates that each respondent that 
markets codeshare flights will encounter on average an additional 
burden of 16 hours per month to report the mishandled baggage 
(excluding wheelchairs and scooters) and 72 hours per month to report 
the mishandled wheelchair and scooter data to DOT for its branded 
codeshare operations. The burden estimates include staff time to manage 
and process the data and to submit the report through DOT's electronic 
submission system.
---------------------------------------------------------------------------

    \9\ The Department assumes that most respondents employ 
automated processes to record that an item enplaned is a wheelchair 
or scooter for the purposes of reporting data on wheelchairs and 
scooters to DOT.
---------------------------------------------------------------------------

Administrative Issues

    The Confidential Information Protection and Statistical Efficiency 
Act of 2002 (44 U.S.C. ch. 35) requires a statistical agency to clearly 
identify information it collects for non-statistical purposes. BTS 
hereby notifies the respondents and the public that BTS uses the 
information it collects under this OMB approval for non-statistical 
purposes including, but not limited to, publication of both 
respondent's identity and its data, submission of the information to 
agencies outside BTS for review, analysis, and possible use in 
regulatory and other administrative matters.

Public Comments Invited

    You are invited to comment on any aspect of this information 
collection, including: (a) whether the collection of information is 
necessary for the proper performance of the functions of DOT, including 
whether the information will have practical utility; (b) the accuracy 
of DOT's estimate of the burden of the proposed information collection; 
(c) ways to enhance the quality, utility and clarity of the information 
to be collected; and (d) ways to minimize the burden of the collection 
of information on respondents. All comments will also become a matter 
of public record.

    Issued at Washington, DC.
Patricia S. Hu,
Director, Bureau of Transportation Statistics, Office of the Assistant 
Secretary for Research and Technology.
[FR Doc. 2025-05260 Filed 3-28-25; 8:45 am]
BILLING CODE 4910-9X-P