Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 83 / Monday, May 3, 2021 / Rules and Regulations
jbell on DSKJLSW7X2PROD with RULES

the provision of food and water. If 2
hours into the tarmac delay, for example, the carrier can show that operation of the aircraft would make the provision of food and water unsafe e.g., the aircraft is taxiing and approaching an active runway for takeoff, the obligation would not be imposed at that time. The Department expects the carrier to provide food and water at the next safe opportunity if the aircraft remains on the ground with passengers onboard.
As with prior guidance on this issue, the Department has chosen not to define what constitutes adequate food for purposes of this rule. The Department previously stated that a granola bar and a bottle of water or similar snack would suffice. The Department does not expect carriers to serve full meals, but carriers are expected to have or obtain adequate supplies of food and drinking water for all passengers onboard the aircraft during the delay. Carriers may provide more substantial food or more frequent service as they deem appropriate.
Effective Date of Reporting Requirements The amended provisions of 14 CFR
part 244 take effect for reports submitted to the Department on or after the effective date of this rule. As such, data for tarmac delays that are already reported under 14 CFR part 234 or data for tarmac delays of 4 or fewer hours in duration on international flights are not to be included in reports submitted to the Department on or after the effective date of the rule. Also, part 244 reports submitted to the Department on or after the effective date of the final rule must include the data points required by 14
CFR 244.3a in the order they are listed in the regulation, consistent with the BTS Accounting and Reporting Directive. The report must also include the data point required by 14 CFR
244.3b, if applicable.
Narrative reports under 14 CFR
259.4g are required for tarmac delays occurring on and after the effective date of this rule. U.S. carriers may continue to file their narrative reports at the website https
filingtarmacdelayplan.dot.gov/, consistent with the prior practice for reports filed under 49 U.S.C. 42301h.
Foreign carriers may also file their narrative reports at this website after creating an account. Alternatively, carriers may send their narrative reports to the email address TarmacDelayEmail Account@dot.gov.
Statutory Authority The Department has the authority to establish minimum standards for the
VerDate Sep<11>2014

17:00 Apr 30, 2021

Jkt 253001

emergency contingency plans of air carriers and to require adherence to those plans, pursuant to 49 U.S.C.
42301. In addition, the Departments authority to regulate unfair and deceptive practices in air transportation or the sale of air transportation is found at 49 U.S.C. 41712. This final rule modifies or clarifies existing regulatory requirements and does not declare a new practice to be unfair or deceptive to consumers.
Pursuant to 49 U.S.C. 41708, the Department has the authority to require air carriers and foreign air carriers to file annual, monthly, periodical, or special reports in the form and way prescribed by the Department, and it may require such reports to be filed under oath.
Additionally, 49 U.S.C. 42301 requires air carriers to submit to the Department a written description of an excessive tarmac delay within 30 days of the incident.
A different statute, 49 U.S.C. 46301, gives the Department the authority to issue civil penalties for violations of sections 41708, 41712, 42301, or for any regulation issued under the authority of those sections.
Regulatory Notices A. Executive Order 12866 Regulatory Planning and Review This action has been determined to be not significant under Executive Order 12866 Regulatory Planning and Review, as supplemented by Executive Order 13563 Improving Regulation and Regulatory Review.
Accordingly, the Office of Management and Budget OMB has not reviewed it under that order.
B. Executive Order 13132 Federalism This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13132 Federalism. This rule does not contain any provision that 1 has substantial direct effects on the States, the relationship between the National Government and the States, or the distribution of power and responsibilities among the various levels of government, 2 imposes substantial direct compliance costs on State and local governments, or 3
preempts State law. States are already preempted from regulating in this area by the Airline Deregulation Act, 49
U.S.C. 41713. Therefore, the consultation and funding requirements of Executive Order 13132 do not apply.
C. Executive Order 13084
This final rule has been analyzed in accordance with the principles and
PO 00000

Frm 00031

Fmt 4700

Sfmt 4700

23267

criteria contained in Executive Order 13084 Consultation and Coordination with Indian Tribal Governments.
Because none of the provisions in the final rule 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.
D. Regulatory Flexibility Act The Regulatory Flexibility Act 5
U.S.C. 601, et seq. requires an agency to review regulations to assess their impact on small entities unless the agency determines that a rule is not expected to have a significant economic impact on a substantial number of small entities. A direct air carrier or foreign air carrier is a small business if it provides air transportation only with small aircraft i.e., aircraft with up to 60 seats/
18,000 pound payload capacity. See 14
CFR 399.73. Nearly all the provisions in this rule generate minimal cost savings or are clarifications which would result in no economic impact. This rule is expected to result in cost savings or benefits that are minimal and difficult to quantify. A small number of tarmac delays occur on flights operated by small entities, and the impact on the small entities is expected to be minimal.
Accordingly, the Department does not believe that the final rule would have a significant impact on a substantial number of small entities. In addition, the Department did not receive comments to the NPRM that suggested that the rule would have a significant economic impact on a substantial number of small entities.
E. Paperwork Reduction Act Under the Paperwork Reduction Act 44 U.S.C. 3501 et seq. PRA, no person is required to respond to a collection of information unless it displays a valid Office of Management and Budget OMB control number. As required by the PRA, the Department has submitted the Information Collection Request ICR abstracted below to OMB. Before OMB decides whether to approve those proposed collections of information that are part of this final rule and issue a control number, the public must be provided 30
days to comment. Organizations and individuals desiring to submit comments on the information collection requirements should direct them to the Office of Management and Budget, Attention: Desk Officer for the Office of the Secretary of Transportation, Office of Information and Regulatory Affairs, Washington, DC 20503, and should also send a copy of their comments to:

E:FRFM03MYR1.SGM

03MYR1