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Federal Register / Vol. 86, No. 83 / Monday, May 3, 2021 / Rules and Regulations record retention requirement. For purposes of calculating total burdens, the Department has decided to incorporate the U.S. carrier reporting burden under 49 U.S.C. 42301h into this information collection, thereby combining the burden calculation for both U.S. and foreign carrier narrative reports under this rule. U.S. carriers file narrative reports for the 134 average annual tarmac delays they experience, while the 14 average annual tarmac delays operated by foreign air carriers would result in new reports being filed under 14 CFR 259.4. These reports replace the record retention that was required of carriers prior to this final rule.
Estimated Annual Burden on Respondents: The Department expects that the burden on carriers to file descriptive tarmac delay reports is 2
hours per report for U.S. carriers and 4
hours per report for foreign carriers. The expected burden per U.S. carrier is between 0 and 84 reports per year, and the expected burden per foreign carrier is between 0 and 7 reports per year based on the highest annual number of tarmac delays experienced by a single U.S. and foreign carrier between 2012
and 2019, or 0.0 to 168.0 hours of burden per U.S. carrier and 0.0 to 28.0
hours of burden per foreign carrier.
Estimated Total Annual Burden: This information collection would result in an estimated annual burden of 134
reports for U.S. carriers and 14 reports for foreign carriers, or a total of 324
hours 134 reports multiplied by 2 hours per report for U.S. carriers, and 14
reports multiplied by 4 hours per report for foreign carriers
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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.
G. National Environmental Policy Act The Department has analyzed the environmental impacts of this final rule pursuant to the National Environmental Policy Act of 1969 42 U.S.C. 4321, et seq. NEPA and has determined that it is categorically excluded pursuant to DOT Order 5610.1C, Procedures for Considering Environmental Impacts 44
FR 56420, Oct. 1, 1979 available at https www.transportation.gov/officepolicy/transportation-policy/
procedures-consideringenvironmentalimpacts-dot-order-56101c. Categorical exclusions are actions identified in an agencys NEPA implementing procedures that do not normally have a significant impact on the environment and, therefore, do not require either an
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environmental assessment EA or environmental impact statement EIS.
See 40 CFR 1508.1d. In analyzing the applicability of a categorical exclusion, the agency must also consider whether extraordinary circumstances are present that would warrant the preparation of an EA or EIS. Id. Paragraph 4c6i of DOT Order 5610.1C provides that actions relating to consumer protection, including regulations are categorically excluded. The purpose of this rulemaking is primarily to amend obligations of carriers during tarmac delays. The Department does not anticipate any environmental impacts, and there are no extraordinary circumstances present in connection with this final rule. As this action relates to airline consumer protection regulations, the action is categorically excluded under the order.
List of Subjects 14 CFR Part 244
Administrative practice and procedure, Airports, Consumer protection.
14 CFR Part 259
Air carriers, Consumer protection, Reporting and recordkeeping requirements.
For the reasons stated in the preamble, 14 CFR chapter II, subchapter A, is amended as follows:
PART 244REPORTING TARMAC
DELAY DATA
1. Revise the authority citation for part 244 to read as follows:

Authority: 49 U.S.C. 40101a4, 40101a9, 40113a, 41702, 41708, 41712, and 42301.

2. Amend 244.1 by removing the definition of Arrival time, adding definitions for Excessive tarmac delay and Gate arrival time in alphabetical order, and revising the definition for Tarmac delay to read as follows:

244.1

Definitions.

Excessive tarmac delay means a tarmac delay of more than three hours for a domestic flight and more than four hours for an international flight.

Gate arrival time is the instant when the pilot sets the aircraft parking brake after arriving at the airport gate or passenger unloading area. If the parking brake is not set, record the time for the opening of the passenger door. Also, for purposes of 244.3 carriers using a Docking Guidance System DGS may record the official gate-arrival time
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when the aircraft is stopped at the appropriate parking mark.

Tarmac delay means the period of time when an aircraft is on the ground with passengers and the passengers have no opportunity to deplane.
3. Revise 244.2 to read as follows:
244.2

Applicability.

a Covered operations. Except as provided in paragraph b of this section, this part applies to U.S.
certificated air carriers, U.S. commuter air carriers and foreign air carriers that operate passenger service to or from a U.S. airport with at least one aircraft that has an original manufacturers design capacity of 30 or more seats.
Covered carriers must report all passenger operations that experience an excessive tarmac delay at a U.S. airport.
b Exceptions. 1 For foreign air carriers that operate charter flights from foreign airports to U.S. airports, and return to foreign airports, and do not pick up any new passengers in the United States, the charter flights are not flights subject to the reporting requirements of this part.
2 For U.S. air carriers whose flights are reported under 14 CFR part 234
Airline Service Quality Performance Reports, their scheduled domestic flights are not subject to the reporting requirements of this part.
4. Revise 244.3 to read as follows:
244.3

Reporting of tarmac delay data.

a Each covered carrier shall file BTS
Form 244 Tarmac Delay Report with the Office of Airline Information of the Departments Bureau of Transportation Statistics setting forth the information for each of its covered flights that experienced an excessive tarmac delay at a U.S. airport, including diverted flights and cancelled flights on which the passengers were boarded and then deplaned before the cancellation. The reports are due within 15 days after the end of any month during which the carrier experienced the excessive tarmac delay. The reports shall be made in the form and manner set forth in accounting and reporting directives issued by the Director, Office of Airline Information, and shall contain the following information:
1 Carrier code.
2 Flight number.
3 Departure airport three letter code.
4 Arrival airport three letter code.
5 Date of flight operation year/
month/day.
6 Gate departure time actual in local time.

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