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Federal Register / Vol. 86, No. 83 / Monday, May 3, 2021 / Rules and Regulations
Department of Transportation, Office of Aviation Consumer Protection, Office of the General Counsel, 1200 New Jersey Avenue SE, Washington, DC 20590.
OMB is required to make a decision concerning the collection of information requirements contained in this rule between 30 and 60 days after publication of this document in the Federal Register. Therefore, a comment to OMB is best assured of having its full effect if OMB receives it within 30 days of publication. The Department may not impose a penalty on persons for violating information collection requirements that do not display a current OMB control number, if required. The Department intends to renew the OMB control number for the information collection requirements resulting from this rulemaking action.
The OMB control number, when renewed, will be announced by separate notice in the Federal Register. The 60day notice for this information collection was previously published in the Federal Register as part of the NPRM. See 84 FR 57370. The Department invited interested parties to comment on the information collection requirements contained in the NPRM
and did not receive comments regarding the estimated burdens that would be imposed by the proposed changes to collection requirements and that were referenced in the NPRM. However, commenters generally supported the changed reporting obligations and the reduction in burdens, as noted above.
This final rule modifies existing information collection requirements under OMB control number 21050561.
OMB control number 21050561
addresses five information collections:
1 Retention of tarmac delay data, 2
adoption and audit of tarmac delay plans, 3 display of on-time performance data on carrier websites, 4 reporting of tarmac delay data, and 5 posting of customer service plans and contracts of carriage on carrier websites. The changes implemented by this rule modify information collections 1 and 4 in the above list. This rule does not replace, change, or discontinue the other information collections that are addressed in OMB control number 21050561.
This rule changes two parts of the Departments regulations: 14 CFR parts 244 reporting tarmac delay data and 259, specifically 259.4e retention of records related to tarmac delays. It eliminates reports for tarmac delays between 3 and 4 hours on international flights, eliminates duplicative reporting of domestic tarmac delays that are already reported under 14 CFR part 234, and changes a record retention
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requirement in 14 CFR 259.4e into a descriptive tarmac delay reporting requirement.
For each of the information collections proposed for 14 CFR part 244 and 14 CFR 259.4, the title, a description of the respondents, and an estimate of the burdens are set forth below:
1. Requirement That Carriers Report Certain Tarmac Delay Data to BTS for Tarmac Delays Exceeding 3 Hours for Domestic Flights and Exceeding 4
Hours for International Flights on a Monthly Basis Title: Reporting Tarmac Delay Data to BTS for Tarmac Delays Exceeding 3
Hours for Domestic Flights and 4
Hours for International Flights.
Respondents: U.S. carriers that operate scheduled passenger service or public charter service using any aircraft with 30 or more seats, and foreign air carriers that operate scheduled passenger or public charter service to and from the United States using any aircraft with 30 or more seats.
Number of Respondents: 61 U.S. and 70 foreign carriers estimated. Due to the changes in the rule, it is expected that, in nearly all cases, tarmac delays that would be reportable under 14 CFR
part 244 would be on international flights, as nearly all tarmac delays on domestic flights would be reported under 14 CFR part 234.5 Based on data submitted by airlines to BTS from 2012
to 2019, the final rule would result in an average of 27 tarmac delays on international flights to be reported through BTS Form 244 in a given year.
Estimated Annual Burden on Respondents: Based on the highest and lowest number of reports submitted by each individual carrier in the years 2012
through 2019, the rules requirements would result in each U.S. air carrier filing 0 to 18 reports annually under 14
CFR part 244, and each foreign air carrier filing 0 to 7 reports annually under 14 CFR part 244. The ranges reflect the highest number of reportable tarmac delays on international flights experienced in a year by carriers during the period. At 30 minutes of burden per report filed, the rule would result in a burden of between 0.0 hours and 9.0
hours for each U.S. carrier, and between 0.0 and 3.5 hours for each foreign air carrier.
5 The rule would not affect the reporting of tarmac delays on domestic flights if those flights are not already reported under 14 CFR part 234 i.e., those flights that are neither held out or operated by carriers that file reports under 14 CFR part 234;
however, such tarmac delays are generally uncommon.

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Estimated Total Annual Burden: This rule would result in an estimated 27
reports filed under 14 CFR part 244 each year, with a total annual burden of 13.5
hours. This total reflects a reduction in existing burdens that would result from the rules changes to existing regulations, including 1 eliminating reports for tarmac delays between 3 and 4 hours on international flights, and 2
eliminating duplicative reporting for domestic tarmac delays that are already reported under 14 CFR part 234. The rules requirement for an additional data point for certain tarmac delay reports when the length of the tarmac delay is not reflected in the required data points reported on BTS Form 244 would not result in any measurable effect on burden.
2. Eliminating Tarmac Delay Record Retention Requirement and Adding a Narrative Reporting Requirement Title: Changing Tarmac Delay Record Retention Requirement into a Narrative Reporting Requirement That Complies with 49 U.S.C. 42301h.
Respondents: U.S. carriers that operate scheduled passenger service or public charter service using any aircraft with 30 or more seats, and foreign air carriers that operate scheduled passenger or public charter service to and from the United States using any aircraft with 30 or more seats.
Number of Respondents: 61 U.S. air carriers and 70 foreign air carriers estimated. Based on reports submitted by carriers to BTS between 2012 and 2019, the Department expects an average of 150 reportable tarmac delays to occur in a given year, with an average of 134 delays on flights operated by U.S.
air carriers and an average of 14 delays on flights operated by foreign air carriers out of an average of 27 annual tarmac delays occurring on international flights operated by both U.S. and foreign carriers.6 Under the final rule, carriers no longer need to retain for 2 years the records related to these tarmac delays.
Instead, carriers are required to file a report with a written description of the tarmac delay incident to the Departments Office of Aviation Consumer Protection. Because U.S.
carriers already file such reports pursuant to 49 U.S.C. 42301h, U.S.
carriers do not encounter any additional reporting burdens under the rules changes to 14 CFR 259.4, and would experience a net burden decrease as a result of the proposed elimination of the 6 Due to rounding, the average number of annual tarmac delays by U.S. and foreign carriers does not add up to the total average number of annual tarmac delays 150.

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