Notice2024-13580
Notice of Submission of Proposed Information Collection to OMB of Agency Request for Revision of a Previously Approved Collection: Online Complaint Form and Related Uses of a Modernized Aviation Consumer Protection Information Technology System
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Published
June 21, 2024
Issuing agencies
Transportation Department
Abstract
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Department of Transportation's intention to revise an information collection request (ICR) related to an OMB control number for an online complaint form by which a consumer can electronically submit a service-related complaint against an airline and other air travel-related companies. The complaint form has been revised as part of the Department's Office of Aviation Consumer Protection's (OACP) information technology (IT) system modernization project. A Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published on November 1, 2023: Online Complaint Form for Service- Related Issues in Air Transportation. One comment was received by Airlines for America (A4A). This notice responds to that comment and adds two new ICRs to capture additional functionalities of the modernized IT system. The new ICRs are related to external users, such as regulated entities and other users, that may use the modernized IT system to set up and manage individual accounts and access complaints and other submissions and/or submit complaint responses, reports, or other information into that system.
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<title>Federal Register, Volume 89 Issue 120 (Friday, June 21, 2024)</title>
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[Federal Register Volume 89, Number 120 (Friday, June 21, 2024)]
[Notices]
[Pages 52209-52213]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13580]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[OST Docket No. DOT-OST-2011-0022]
Notice of Submission of Proposed Information Collection to OMB of
Agency Request for Revision of a Previously Approved Collection: Online
Complaint Form and Related Uses of a Modernized Aviation Consumer
Protection Information Technology System
AGENCY: Office of the Secretary, Department of Transportation.
ACTION: Notice and request for comments. Revision of information
related to an active OMB control number.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this
notice announces the Department of Transportation's intention to revise
an information collection request (ICR) related to an OMB control
number for an online complaint form by which a consumer can
electronically submit a service-related complaint against an airline
and other air travel-related companies. The complaint form has been
revised as part of the Department's Office of Aviation Consumer
Protection's (OACP) information technology (IT) system modernization
project. A Federal Register Notice with a 60-day comment period
soliciting comments on the following information collection was
published on November 1, 2023: Online Complaint Form for Service-
Related Issues in Air Transportation. One comment was received by
Airlines for America (A4A). This notice responds to that comment and
adds two new ICRs to capture additional functionalities of the
modernized IT system. The new ICRs are related to external users, such
as regulated entities and other users, that may use the modernized IT
system to set up and manage individual accounts and access complaints
and other submissions and/or submit complaint responses, reports, or
other information into that system.
DATES: Comments on this notice must be received by July 22, 2024.
ADDRESSES: Written comments and recommendations for the proposed ICR
should be sent within 30 days of publication of this notice to
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. 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: Daeleen Chesley, Office of the General
Counsel, Office of the Secretary, U.S. Department of Transportation,
1200 New Jersey Avenue SE, Washington, DC, 20590, 202-366-9342 (Voice),
or <a href="/cdn-cgi/l/email-protection#044065616861616a2a476c617768617d44606b702a636b72"><span class="__cf_email__" data-cfemail="125673777e77777c3c517a77617e776b52767d663c757d64">[email protected]</span></a> (Email). Arrangements to receive this
document in an alternative format may be made by contacting the above-
named individual.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 2105-0568.
Title: Online Complaint Form and Related Uses of a Modernized
Aviation Consumer Protection Information Technology System.
Abstract: The Department of Transportation's (Department) Office of
Aviation Consumer Protection (OACP), formerly the Office of Aviation
Enforcement and Proceedings, has broad authority under 49 U.S.C.,
subtitle VII, to investigate and enforce consumer protection and civil
rights laws and regulations related to air transportation.
Among other things, OACP receives service-related consumer
complaints filed against airlines and other air travel-related
companies. Information from complaints and airline and travel company
responses may be used by the office to determine the extent to which
these entities are in compliance with federal aviation consumer
protection and civil rights laws and what, if any, action should be
taken regarding issues raised in consumer complaints. The information
submitted via the online form may also be used to ascertain consumer
satisfaction with air transportation services and serve as a basis for
rulemaking, legislation, and research.
Revision of Consumer Submissions (Complaints, Comments, Compliments)
ICR
The ICR related to the complaint submission form is being revised
due to updates that OACP is making to the office's online air consumer
complaint form as part of an Information Technology (IT) system
modernization project.\1\ Most consumer submissions
[[Page 52210]]
(over 90%) are complaints that are filed using the web-based form. At
times, consumers may also choose to file a complaint with the
Department using regular mail. The type of information requested on the
current form includes complainant's name, address, phone number
(including area code), email address, and name of the airline or
company about which she/he is complaining, as well as the flight date
and flight itinerary (where applicable) of a complainant's trip. In
addition, a consumer may also provide a narrative description of a
specific air-travel related problem or issue. The Department has
limited its informational request to that necessary to meet its
aviation consumer protection responsibilities.
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\1\ OACP's outdated legacy IT system is the Consumer Complaint
Application System (CCA). CCA will be de-commissioned a short time
after the modernized IT system is available for public use.
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The updated form continues to allow consumers to input information
related to complaints about their flight experience, as well as to
submit general comments and compliments. However, aviation consumers
submitting complaints or comments via the form based on the modernized
IT system will be efficiently guided through their entry by the system
using conditional logic. The modernized system, or Aviation Complaint,
Enforcement, and Reporting System (ACERS), allows for additional
information fields and guides consumers to enter specific information,
which will better ensure an individual air consumer's specific concerns
are more comprehensively captured in the modernized IT system.
This information collection request is to enable consumers to
continue to file their complaints and comments to the Department using
an online form, whether via personal computer or on a mobile device. If
the online complaint form is not available, the Department may receive
fewer complaints and comments from consumers. The lack of consumer
input could inhibit OACP's ability to effectively investigate
individual complaints against both airlines and other air travel-
related companies. It would also impact OACP's ability to become aware
of potentially unfair or deceptive practices that may develop in
violation of the Department's rules. The information collection
continues to further the objective of 49 U.S.C. 41712 to protect
consumers from unfair or deceptive practices, the objective of Sec.
41705 and Sec. 40127 to ensure the civil rights of air travelers are
respected, and the objective of Sec. 41702 to ensure safe and adequate
service in air transportation.
Filing a complaint or comment using a web-based form is voluntary
and minimizes the burden on respondents. Based on the table below,
approximately ninety-seven percent of the submissions (complaints,
comments, and inquiries) received by OACP during calendar years (CYs)
2021 through 2022 were filed using the web-based form as shown in the
table below.\2\
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\2\ As of CY 2020, OACP has received a higher number of online
submissions than those submitted in prior CYs. For example, our
CY17-19 average was 16,348 complaints submitted per year. In 2020,
the total was 100,613 and were mostly related to flight
cancellations and refund issues that resulted from the Covid-19
pandemic. In CYs 21 and 22, the number of submissions remain high
but are lower than the number of complaints submitted in CY2020.
Table 1.1--Complaints Received by OACP (CY21/22)
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Total number
Total number of complaints % of on-line
Calendar year of complaints filed with submissions
filed on-line OACP
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2021............................................................ 48,465 49,958 97.01
2022............................................................ 75,731 77,656 97.52
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Average Total............................................... 62,098 63,807 97.27
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Table 1.2--Comments (Non-Complaints) Received by OACP (CY21/22)
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Total number
Calendar year information Total number Total number
requests compliments opinions
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2021............................................................ 5,799 14 444
2022............................................................ 7,575 24 1,008
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Average Total............................................... 6,687 19 726
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Total Yearly Average: 6,782............................. .............. .............. ..............
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New ICRs
In response to comments submitted by A4A, the Department is adding
two ICRs to this notice to capture additional burdens associated with
using ACERS. A4A identified additional burdens related to providing
information to OACP via ACERS that were not captured in the 60-day
notice. A4A members and other regulated entities that are required to
file certain reports with OACP and to respond to consumer complaints
already submit information to the Department, primarily via email, and
in some instances, via a portal into OACP's legacy database system that
ACERS is replacing. OACP has routinely requested airline responses to
consumer complaints implicating regulated areas from carriers and
carriers have routinely been providing this information as a general
practice. OACP anticipates that the use of ACERS will be less
burdensome and save time for regulated entities that use the system
because the modernized IT system includes enhanced features, e.g., drag
and drop functionality.
1. External User Account Creation and Management ICR
The first new ICR encompasses the burden on regulated entities
(e.g., U.S. and foreign air carriers, air travel companies) and other
external users to create individual organizational accounts in ACERS
and, subsequently, manage those accounts.
As noted above, consumers will use ACERS to create and submit their
[[Page 52211]]
complaints/comments. ACERS is designed to provide airlines and air
travel companies the ability to review consumer submissions about its
air transportation services directly within the system. The system is
intended to facilitate more efficient interaction between OACP and
regulated entities. As such, each carrier or air travel company that
uses the system for complaint handling will need to set up and manage
an account for their staff to be able to access the system.\3\ Account
set-up and management will be handled by a staff member of the entity
that has been designated by that entity to create and manage the
accounts. In most cases, that person will be that entity's regulatory
liaison to the Department. It is important to note that use of ACERS is
designed to provide direct access to consumer submissions, thereby
reducing the burden on those airlines and ticket agents that use it.
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\3\ OACP has provided regulated entities the option of providing
information in advance so that initial account set-up will be
completed within the IT system for regulated entities before the
system is launched, further reducing the burden of setting up an
account.
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ACERS is also designed for both U.S. and foreign air carriers as
well as airports to be able to efficiently submit certain statutorily
required reports (e.g., reports regarding disability complaints and
tarmac delay incidents) that the entities previously submitted using
OACP's legacy database system or via email. To submit these reports via
ACERS, entities will also need to create and manage user accounts.\4\
In addition to use by regulated entities, the system has also been
designed to facilitate inter-agency coordination to help protect the
rights of consumers in air travel.\5\ Accordingly, the Department
anticipates that entities such as State attorney general offices (State
AGs) may use the IT system account management features pursuant to
agreements with the Department and will need to create and manage
accounts to use ACERS.
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\4\ Burdens associated with report submissions are covered under
separate OMB control numbers. This notice addresses the burden
associated with setting up and managing individual accounts in the
modernized IT system.
\5\ See, US DOT website at <a href="https://www.transportation.gov/airconsumer/State_AG_Partnership">https://www.transportation.gov/airconsumer/State_AG_Partnership</a>.
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Setting up a new account will consist of the following steps:
1. Creating a New User Account;
2. Receiving an Account Creation Email;
3. Creating a <a href="http://Login.gov">Login.gov</a> Account (or using an existing <a href="http://Login.gov">Login.gov</a>
Account);
4. Logging into the ACERS Portal; and
5. Adding Contact Information into the Account.
Entities establishing accounts to enable access to ACERS will be
able to include contact information for up to ten (10) individuals in
their respective organizations who can address consumer complaints and/
or submit reports. The submitted information will include (per
individual) his/her role/position with the entity, a contact telephone
number and an email address. Entity account managers will also be able
to change contact names and information, as needed.
The chart below provides a list of external users who may use
ACERS, as well as the estimated number of accounts that each entity may
set up in the system.\6\
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\6\ Assumptions are the following: Larger reporting carriers may
have up to 10 accounts; Other carriers, foreign carriers, larger
travel agents, US airports, and State AGs could have up to 2
accounts (primary and back-up accounts) but may have one or none;
and small travel agents/tour operators would only need to log-in on
occasion or not at all.
Table 2.1--List of External Entities by Type and Estimated Number of Accounts
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Total
Number of Estimated estimated
Entity type respondents/ account account
initial holders per holders per
accounts entity entity
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Large Air Carriers.............................................. 15 10 150
``Other'' Air Carriers.......................................... 76 2 152
Foreign Carriers................................................ 147 2 294
Large Air Travel Companies...................................... 19 2 38
Other Travel agents and tour operators.......................... 61 1 61
US Airport...................................................... 401 2 802
Other External users \7\ (e.g., State AGs)...................... 75 2 per AG (25), 100
1 per others
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SubTotal:................................................... 794 .............. 1,597
Estimated Adjustments (18%)..................................... .............. .............. 287
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Total:.................................................. 794 .............. 1,884
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Table 2.2--Estimated Total Burden Hours
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Number of
Number of initial accounts x 30 minutes setup ``Other'' x 15 minutes setup Total =
per account accounts per account
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794............................. 23,820 min./397 hr. 1,090 16,350 min./272.5 40,170 min./669.5
hr. hr.
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Airline Responses to Consumer Complaints and Related Information
The second new ICR encompasses the burden on airlines and air
travel companies that use the modernized IT system functionalities that
exceed those available in the legacy system. Airlines and air travel
companies will have the ability to upload complaint responses and
related information to ACERS, including providing information about
amounts refunded, reimbursed, or compensated where relevant. OACP
anticipates that most or all complaint
[[Page 52212]]
responses and related information will be submitted by regulated
entities (U.S./foreign air carriers and air travel companies), of which
U.S. carriers will be the primary submitter.\8\ Airlines and airports
\9\ may use ACERS to upload optional reports. At times, non-regulated
entities (e.g., State AGs) may use ACERS to submit consumer complaints
and referrals to the Department.
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\7\ The Department has an MOU with 18 AGs and another 7 are
anticipated to join the MOU. This estimate considers that other
government entities (including additional AGs) or users may need to
access ACERS before this OMB control number is renewed.
\8\ Using ATCR data from March-June 2023, U.S. carriers will
submit an estimated 68% of the documents. Foreign carrier
submissions are estimated at 27% and travel agents/tour operators
will submit 5% of the documents.
\9\ Airports are regulated entities for purposes of tarmac delay
plan submissions. The burden calculation to submit tarmac delay
plans is included in a separate ICR/OMB control number (OMB 2105-
0566). However, airports are included here to the extent that an
airport may submit an optional additional report.
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The charts below include the estimated response numbers and burdens
associated with complaint submissions and follow-up.
Table 3.1--Estimate of Regulated and Non-Regulated Entities and ACERS Submissions
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Estimated
Estimated Estimated follow-up
Entity type Respondent total initial submissions
number responses submissions (20%) x 30
(80%) x 5 min. min.
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Regulated entities (Air carriers, travel agents, 318 62,098 49,678 12,420
and airports)..................................
Other External Users............................ 101 1,600 1,280 320
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Total:...................................... 419 63,698 50,978 12,740
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Table 3.2--Estimated Burden for ACERS Response Upload and Follow-Up
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Estimated
Estimated initial responses x 5 min. follow-up x 30 min. Total estimated
submissions burden
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50,978.......................... 254,890 min./4,248 12,740 382,200 min./6,370 637,090 min./10,618
hrs. hrs. hrs.
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The 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. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, 1320.8(d)(1), 1320.12. As
stated above, on November 1, 2023, OST published a 60-day notice in the
Federal Register soliciting comment on the ICR for which the agency is
seeking revision from OMB: Online Complaint Form for Service-Related
Issues in Air Transportation (88 FR 75093). The comment period ended on
January 2, 2024. OST received one substantive comment from A4A.
A4A Comment
A4A's comment identified burdens associated with using ACERS that
were not identified in the 60-day notice, which OACP has addressed in
this 30-day Notice. A4A also identified many concerns regarding OACP
policy decisions regarding enforcement matters, policy decisions, and
publication of certain information, such as complaint data. A4A alleges
that the Department is failing to adhere to established regulatory
requirements of the PRA, including:
(i.) Minimizing the paperwork burden on airlines resulting from the
collection of information by or for the Federal Government; and
(ii.) Improving the quality and use of Federal information to
strengthen decision-making, accountability, and openness in Government
and society.
A4A argues that OACP is impermissibly attempting to impose new
requirements on regulated entities. OACP agrees with A4A that new
requirements, such as requiring regulated entities to use ACERS, may
not be imposed through the process of obtaining approval pursuant to
the PRA for an information request. OACP believes that using ACERS will
streamline interactions, creating efficiencies for both OACP and the
regulated entities that voluntarily use the new IT system.
A4A also alleges that the Department's 60-day Notice does not
include the burden on the airlines of providing responses to consumer
complaints and supplemental information via ACERS, including providing
information about amounts refunded, reimbursed, or compensated where
relevant. OACP agrees and has included estimates of the additional
burden in this 30-day Notice. The system is designed to allow the
efficient submission of information that OACP anticipates will be
beneficial for airlines. Furthermore, A4A notes the Department's
authority to request responses to disability complaints but questions
the Department's authority to request from airlines any other responses
to consumers or related information. As noted above, OACP is not
attempting to impose new requirements via this Notice so is not
addressing A4A comments regarding the Department's authority.
In its comment, A4A notes that OACP made a policy decision to
eliminate carriers' ability to administratively challenge consumer
complaints. By way of background, the change that A4A objects to is
OACP's elimination of an airline's ability to ``transfer'' complaints
from the marketing carrier to the operating carrier, usually a regional
partner, thereby reducing the number of complaints against the mainline
carrier. OACP discontinued the policy in 2023. Complaints are counted
against the carrier named by the consumer, regardless of whether it was
the marketing (e.g., mainline/network) or operating (e.g., regional)
airline.
A4A states that the ``net effect is carriers' increased time
addressing consumer complaints that are invalid, i.e., the complaint
does not fall within DOT complaint category, or it is it the
responsibility of another carrier or third-party.'' The policy change
to attribute complaints to the airline identified by the consumer,
regardless of whether it was the marketing (e.g., a mainline/network)
or operating (e.g., regional) airline, is unrelated to any burdens
[[Page 52213]]
imposed by ACERS. OACP does not share A4A's view of the impact of the
policy change on carriers, since airlines are required to respond to
all written consumer complaints, regardless of whether the airline
views the complaint as valid. A4A expresses a number of concerns
related to how the policy change will impact complaint data published
in the Department's Air Travel Consumer Report (ATCR). However, these
are concerns about OACP policy decisions and are unrelated to the
information collection requests in this Notice because the information
collected from consumers will remain the same regardless of the policy
decision. Accordingly, the change is not relevant to this ICR approval
request.
A4A also alleges that OACP's new information collection form will
create more data quality concerns for the federal government and
burdens on the airlines, because it will require that consumers enter
contact information but not a ticket or confirmation number since the
complaint could be from someone unsuccessfully attempting to book air
transportation. However, as noted above, airlines are required to
respond to all written consumer complaints and accepting consumer
complaints without a ticket or confirmation number is not new.
Accordingly, OACP disagrees that A4A has identified a data quality
concern or failed to adequately capture the burden on airlines.
A4A also questions the Department's ability to ``filter out''
complaints and states that ACERS will impose an additional burden on
the carriers to keep complaints active and open pending a potential DOT
investigation, since the system does not notify the carriers whether a
complaint case has been closed. However, OACP disagrees that A4A has
identified additional burdens related to ACERS as OACP is continuing
its past practice in these areas. Regarding transitioning to the new
system, OACP is committed to working with all external users to ensure
a successful transition from the legacy IT system to ACERS.
In conclusion, A4A's comments about OACP enforcement/investigatory
policies and practices and the complaint information published in the
ATCR are outside the scope of this notice. Many of A4A's concerns, such
as complaints about review and challenge processes, relate to policy
decisions and not to the new system. The IT modernization implementing
ACERS as OACP's new IT system will allow the Department to upgrade its
online consumer submission form and provide regulated entities and
certain other users with information submission and account management
functionality. This ICR notice is limited to those uses.
Accordingly, the information collection requests described herein
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 the revision of this proposed
collection 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)-(c); 5 CFR
1320.12(d); see also 60 FR 44978, 44983 (Aug. 29, 1995). 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).
1. Air Travel Consumer Complaint and Comment Burden Calculations
Respondents: Consumers that Choose to File an Online Complaint or
Comment with the Office of Aviation Consumer Protection.
Burden Calculation for Complaints
Estimated Number of Respondents: 62,098 (based on averaging data
from CYs 2021-22).
Estimated Total Burden on Respondents: 15,524.5 hours (931,470
minutes). The estimate was calculated by multiplying the average number
of cases filed using the online form in CYs 21-22 (62,098) by the
estimated time needed to fill out the online form (15 minutes).\10\
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\10\ Feedback obtained during development of the modernized
guided input process suggests that the form will take no longer than
15 minutes for a consumer to complete.
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Burden Calculation for Comments
Estimated Number of Respondents: 6,782 (based on averaging data
from CYs 2021-22).
Estimated Total Burden on Respondents: 565.17 hours (33,910
minutes). The estimate was calculated by multiplying the average number
of cases filed using the online form in CYs 21-22 (6,782) by the
estimated time needed to fill out the online form (5 minutes).\11\
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\11\ An air consumer submitting these types of filing generally
provide less information, so we estimate 5 minutes is sufficient.
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2. IT System Account Creation and Management
Respondents: Air Travel Industry and Other Users that Create and
Manage Accounts Using OACP's Modernized IT System.
Estimated Number of Respondents: 719 air travel industry and 75
``other'' users.
Estimated Total Burden on Respondents: 40,170 minutes/669.5 hours.
The burden was calculated by multiplying the total estimated number of
respondents by the estimated time to create an account (30 min. per
account), plus the time to add/change other users of the account (15
min. per account).
3. Uploading Complaint Responses and Documents to the IT System
Respondents: Air Travel Industry and Other Users that Upload
Documents into OACP's Modernized IT System.
Estimated Number of Respondents: 419 air travel industry and
``other'' users.
Estimated Total Burden on Respondents: 637,090 minutes/10,618
hours. The burden was calculated by multiplying the total estimated
number of respondents by the estimated time to upload a document (5
min. per event) and follow-up information (30 min. per event) into the
system.
Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) whether the proposed
collection of information is necessary for the Department's
performance; (b) the accuracy of the estimated burden; (c) ways for the
Department to enhance the quality, utility, and clarity of the
information collection; and (d) ways that the burden could be minimized
without reducing the quality of the collected information. All comments
will become a matter of public record.
Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended; and 49 CFR 1.48.
Issued in Washington, DC.
Kimberly Graber,
Deputy Assistant General Counsel, Office of Aviation Consumer
Protection.
[FR Doc. 2024-13580 Filed 6-20-24; 8:45 am]
BILLING CODE P
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