Notice of Submission of Proposed Information Collection to OMB; Agency Request for Renewal of a Previously Approved Collection: Airline Service Quality Performance-Part 234
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Abstract
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.
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<title>Federal Register, Volume 90 Issue 60 (Monday, March 31, 2025)</title>
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[Federal Register Volume 90, Number 60 (Monday, March 31, 2025)]
[Notices]
[Pages 14317-14320]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05260]
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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.
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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
<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: 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 <a href="/cdn-cgi/l/email-protection#d4b7b1b7b1b8bdb5faa6bbb6bdbaa7bbba94b0bba0fab3bba2"><span class="__cf_email__" data-cfemail="d0b3b5b3b5bcb9b1fea2bfb2b9bea3bfbe90b4bfa4feb7bfa6">[email protected]</span></a>.
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.
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\1\ The format and instructions for reporting this information
are in Technical Reporting Directive #27--On-Time Performance,
effective January 1, 2018, available at: <a href="https://www.bts.gov/topics/airlines-and-airports/number-31-technical-directive-time-reporting-effective-jan-1-2019">https://www.bts.gov/topics/airlines-and-airports/number-31-technical-directive-time-reporting-effective-jan-1-2019</a>. 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 <a href="https://www.bts.gov/explore-topics-and-geography/modes/aviation/number-39-technical-directive-reporting-time">https://www.bts.gov/explore-topics-and-geography/modes/aviation/number-39-technical-directive-reporting-time</a>.
\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: <a href="https://www.bts.dot.gov/sites/bts.dot.gov/files/docs/explore-topics-and-geography/topics/airlines-and-airports/224606/technicaldirective30abaggage2019amended.pdf">https://www.bts.dot.gov/sites/bts.dot.gov/files/docs/explore-topics-and-geography/topics/airlines-and-airports/224606/technicaldirective30abaggage2019amended.pdf</a>.
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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: <a href="https://www.regulations.gov/document/DOT-OST-2024-0123-0001">https://www.regulations.gov/document/DOT-OST-2024-0123-0001</a>. 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 <a href="https://www.oig.dot.gov/library-item/46490">https://www.oig.dot.gov/library-item/46490</a> (OIG
Report).
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\3\ FAA Reauthorization Act of 2024, Public Law 118-63, sec. 511
(May 16, 2024).
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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\
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\4\ See OIG Report, page 12.
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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.
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\5\ Technical Reporting Directive #30A--Mishandled Baggage and
Wheelchairs and Scooters (Amended), effective Jan. 1, 2019. <a href="https://www.bts.gov/topics/airlines-and-airports/number-30a-technical-directive-mishandled-baggage-amended-effective-jan">https://www.bts.gov/topics/airlines-and-airports/number-30a-technical-directive-mishandled-baggage-amended-effective-jan</a>.
\6\ 89 FR 102398.
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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\
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\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.
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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.
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\8\ See Technical Directive #31, supra note 1.
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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.
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\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.
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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
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