[Federal Register Volume 85, Number 251 (Thursday, December 31, 2020)]
[Notices]
[Pages 86990-86995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28798]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[OST Docket No. DOT-OST-2011-0170]


Notice of Submission of Proposed Information Collection to OMB; 
Agency Request for Revision of BTS Form 251 and Renewal of OMB Control 
Number 2138-0018: Part 250 of the Department's Economic Regulations--
Oversales

AGENCY: Office of the Secretary, Department of Transportation.

ACTION: Notice.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (PRA), 
this Notice confirms the Department of Transportation's (Department) 
intention to renew and revise an Office of Management and Budget (OMB) 
control number as related to the Department's Bureau of Transportation 
Statistics (BTS) Form 251, Report of Passengers Denied Confirmed Space. 
A 60-day comment period soliciting comments on the information 
collection was published on March 3, 2020. Three comments were 
received. The Department addresses those comments in this Notice and is 
seeking to renew the current OMB control number by forwarding the 
Information Collection Request (ICR) abstracted below to OMB. The ICR 
renames Form 251 to Form 250 and revises the form to reduce the burden 
on airlines, better clarify the instructions for completing the form, 
and provide more relevant information to consumers.

DATES: Comments on this Notice must be received by February 1, 2021.

ADDRESSES: Send comments regarding the burden estimate, including 
suggestions for reducing the burden, to the Office of Management and 
Budget, Attention: Desk Officer for the Office of the Secretary of 
Transportation, 725 17th Street NW, Washington, DC 20503. Comments may 
also be sent via email to OMB at the following address: 
oira_submissions@omb.eop.gov.

FOR FURTHER INFORMATION CONTACT: Stuart Hindman, (202) 366-9342, 
Stuart.Hindman@dot.gov, Office of Aviation Consumer Protection (C-70), 
U.S. Department of Transportation, 1200 New Jersey Avenue SE, 
Washington, DC 20590.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2138-0018.
    Title: Report of Passengers Denied Confirmed Space Due to an 
Oversale Situation.
    Type of Request: Request to Revise and Rename Form 251 and Renew 
OMB Control Number.
    Abstract/Background: BTS Form 251 is a one-page report that U.S. 
reporting carriers submit to the Department on a quarterly basis. Among 
other things, the form contains the following information: (1) The 
number of passengers denied seats on flights that they hold confirmed 
spaces, either voluntarily or involuntarily, (2) the numbers of 
passengers involuntarily denied boarding (bumped passengers) who 
qualified for compensation and were or were not provided alternate 
transportation, (3) the number of passengers voluntarily or 
involuntarily denied boarding who received compensation and the amounts 
of the compensation paid to them, and (4) the total number of 
enplanements at a U.S. airport relating to flights that are subject to 
the oversales rule. For the purpose of Form 251, reporting carriers are 
U.S. air carriers that account for at least 0.5 percent of domestic 
scheduled-service passenger revenues. These reporting carriers must 
submit Form 251 for all flights operated on aircraft with a designed 
passenger capacity of 30 or more seats which depart a U.S. airport. 
Carriers do not report data from inbound international flights to the 
United States because the protections of 14 CFR part 250 Oversales do 
not apply to these flights. In addition, reporting carriers must file a 
separate form for all scheduled flight segments originating in the 
United States that are operated by a codeshare partner of the reporting 
carrier that is a certificated air carrier or commuter air carrier 
using aircraft that have a designed passenger capacity of 30 or more 
seats, and marketed only under one U.S. carrier's code. As of January 
1, 2020, there are 5 such reporting carriers.
    The Department uses Form 251 to monitor the level of oversales 
activity by each reporting carrier, the impact on passengers, and the 
effectiveness of the Department's oversales rule. Certain information 
collected from Form 251 is made available to the public in the 
Department's monthly publication, the Air Travel Consumer Report 
(ATCR), at: https://www.transportation.gov/individuals/aviation-consumer-protection/air-travel-consumer-reports. The ATCR is a widely 
cited source of information for newspapers, magazines and trade 
journals. A review of the Form 251 data reveals that the overall 
involuntarily denied-boarding rate has consistently decreased in recent 
years, while passenger enplanements are increasing. For example, 
compared to the annual involuntary denied boarding rate of 4.38 per 
10,000 passengers in 1980, this rate has been reduced to 0.24 per 
10,000 passengers in 2019. Publishing individual carrier's denied 
boarding rates publicly serves to diminish the need for more intrusive 
regulations by disincentivizing carriers from setting unreasonable 
overbooking rates--resulting in a market based mechanism that is more 
efficient than direct regulation. In addition, a carrier's denied 
boarding rate provides an insight into that carrier's operational 
principles and customer service practices. For instance, a rapid 
sustained increase in the rate of denied boarding may indicate 
operational difficulties. Because the rate of denied boarding is 
released quarterly, travelers and travel agents concerned about being 
bumped can select carriers with lower incidences of denied boardings.
    In 2016, the Department issued a final rule that, in part, revised 
the oversales reporting requirements. In conjunction with that 
rulemaking, on May 23, 2014 the Department published a 60-day FR Notice 
(79 FR 29970), and, on November 3, 2016, a 30-day FR Notice (81 FR 
76800) to renew and revise the OMB control number regarding oversales 
information collection (2138-0018). On October 12, 2017, OMB approved 
the control number authorizing these new collections of information 
until October 31, 2020. The Department received an emergency extension 
of the current OMB control number until December 31, 2020.
    The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (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. On March 3, 
2020, the Department published a 60-day Notice in the Federal Register 
soliciting comment on ICRs for which the agency was seeking OMB 
approval (85 FR 12664). A line-by-line summary of the proposed changes 
to the form with an explanation for each change was published in the 
60-day Notice. The Department received three comments, one from an 
industry trade organization, one from a U.S. airline, and one from a 
member of the public. The Department's

[[Page 86991]]

response to the comments on each change is below:

Form 250

 Title

    A. Change: The current title of the form--``Report of Passengers 
Denied Confirmed Space''--is revised to ``Report of Passengers Denied 
Confirmed Space Due to an Oversale Situation'' and renamed to be ``Form 
250.'' This revision is intended to clarify that the form is meant to 
capture data relating to passengers denied boarding due to an oversale 
situation and not for other reasons such as safety, security, or health 
related reasons. Renaming the form to ``Form 250'' is intended to 
clarify further the applicability of the data to oversale situations 
and correspond to the appropriate part of Title 14 of the Code of 
Federal Regulations which addresses oversales, Part 250.
    Comments: No comments were received on the title change.
 Line 1

    A. Change: Added ``from flights that were oversold'' to the leading 
sentence to reinforce that the form is intended to capture data from 
oversold flights.
    Comments: No comments were received on this change
    B. Change: In order to provide more complete and accurate 
regulation citations, changed the regulation citation in line 1(a) to 
``Sec.  250.5(a)(2) or (b)(2)'' and added a regulation citation in 
lines 1(b) of ``Sec.  250.5(a)(3) or (b)(3).''
    Comment: Revert to previous language to match regulatory text and 
add definition of ``oversold'' to form's instructions.
    Response: The Department accepts this comment. The Department has 
reworded the language in lines 1(a) and 1(b), added a clarifying 
language in Instruction (B), and added the definition of ``oversold 
flight'' which is found in 14 CFR 250.9 to Instruction (A).
    C. Comment: Combine the data in lines 1(a) and 1(b).
    Response: The Department rejects this comment. The data contained 
in lines 1(a) and 1(b) are distinct from each other, thus combining the 
lines would result in the publication of misleading information. 
Moreover, keeping the data separate allows the Department to more 
accurately monitor airline oversales and accommodation practices.
 Line 2

    A. Change: Added ``from flights that were oversold'' in the leading 
sentence to reinforce that the form is intended to capture data from 
oversold flights.
    Comment: No comments were received on this change.
    B. Change: Reworded the contents in lines 2(a), 2(b), and 2(c) to 
ensure that the language on the form matches the regulatory text, 
listed order of exceptions to the denied boarding compensation rule 
found in 14 CFR 250.6, and included the applicable citation to section 
250.6.
    Comment: Add clarifying language to line 2(a) to ensure consistency 
in reporting by carriers.
    Response: The Department concurs with this suggestion and has added 
clarifying language to Instruction (C).
    C. Change: Moved the content of line 6 to line 2; reordered lines 
2(a), 2(b), 2(c), and 2(d).
    Two Comments: (1) Remove all data in line 2 because the data is not 
published by the Department and the reported data is not related to 
denied boardings in an oversales situation. (2) In the alternative, the 
Department should remove data collection related to upgrades and 
downgrades (line 2(c)).
    Response: The Department rejects the comment to remove all 
collection in line 2. Keeping data collection related to the exceptions 
for denied boarding compensation allows the Department to monitor and 
track overall compliance with the denied boarding compensation rules. 
However, the Department accepts the suggestion to remove data related 
to upgrades and downgrades. If a passenger is ultimately accommodated 
on the flight but in a different section of the aircraft, the passenger 
was not denied boarding due to the entire flight being ``oversold.''

 Line 3--no change was proposed

    A. Comment: Remove line 3 as data contained in this line is 
duplicative of line 1 if line 2 is deleted.
    Response: The Department rejects the deletion of all of the 
information in line 2; therefore, the data contained in line 3 is not 
duplicative of other collected data.

 Line 4

    A. Changes: Added ``from an oversold flight'' to reinforce that the 
form is intended to capture data from oversold flights. Added 
``regardless of the type of compensation (e.g., voucher, cash)'' to 
clarify that reporting carriers must report the actual number of all 
passengers who receive any type of compensation as a result of being 
denied boarding involuntarily.
    Comment: Remove line 4 as the data collected is duplicative of Line 
1.
    Response: The Department rejects this comment. The data collected 
in lines 1 and 4 are distinct. Line 1 collects the number of passengers 
entitled to denied boarding compensation, while line 4 collects the 
number of passengers that actually received denied boarding 
compensation. The collection of the data in line 4 enables the 
Department to monitor carriers' compliance with the denied boarding 
compensation requirements, especially with regard to the proper payment 
of owed denied boarding compensation. A discrepancy in the data 
contained in lines 1 and 4 is an indication that a carrier may not be 
properly compensating all passengers who are entitled to denied 
boarding compensation.

 Line 5

    A. Change: Added ``due to a potential oversale situation'' to 
reinforce that the form is intended to capture data from oversold 
flights.
    Comment: Remove the word ``potential'' as it could place an 
excessive burden on reporting carriers and could result in 
overreporting of data.
    Response: The Department accepts the comment in part and has 
substituted new language in line 5 to now read: Number of passengers 
who voluntarily accepted a carrier's offer to give up reserved space 
due to a potential oversale situation and did not travel on their 
original flight in exchange for a payment of the carrier's choosing. In 
the 60-day notice, line 5 stated: Number of passengers who volunteered 
to give up reserved space due to a potential oversale situation in 
exchange for a payment of the carrier's choosing. The Department 
believes that adding the phrase ``and did not travel on their original 
flight'' will prevent overreporting of potential oversale situation and 
any undue burden for reporting carriers as the carrier would only 
report the number of passengers who volunteer to be denied boarding 
after solicitation by the carrier and ultimately give up a reserved 
space.

 Line 6

    A. Changes: Moved the text in line 6 regarding upgrades and 
downgrades to line 2 so that all data relating to exceptions to the 
denied boarding compensation rule is on one line. Moved the text from 
line 7 regarding total boardings to line 6 without any change.
    Comments: No comments were received on this change.

 Line 7

    A. Change: Moved the text from line 8 up to line 7 and added the 
regulation citation to ``Sec.  250.5(a)(2) or (b)(2)'' to line 7(a) and 
``Sec.  250.5(a)(3) or (b)(3)'' to line 7(b) to complete the applicable 
regulatory citation.
    Comment: Remove lines 7(a) and 7(b) as requiring the reporting of 
aggregate

[[Page 86992]]

data does not provide the Department or the public with usable 
information.
    Response: The Department accepts the suggestion to remove lines 
7(a) and 7(b). Instead, the Department will rename and reword proposed 
line 7 to read: Amount of compensation paid to passengers who 
voluntarily accepted a carrier's offer to give up reserved space on an 
oversold flight that received cash or cash equivalent payment. This 
change allows the Department to monitor industry practice regarding 
payment of voluntary denied boarding compensation for potential 
regulatory changes in the future.

Instructions to Form 250

    No Comments were received on the changes proposed in the 
Instructions.

 Instruction (A)

    [cir] Added clarifying language to ensure reporting carriers are 
only reporting data relating to oversold flights operated by covered 
aircraft (i.e., aircraft with 30 or more seats).
    [cir] Added language related to the requirement for reporting 
carriers to submit a separate Form 250 for flights operated by a 
reporting marketing carrier's code-share partner if the code-share 
partner is also a reporting carrier.

 Instruction (B)

    [cir] Added clarifying language to include the full citation to the 
applicable regulation to ensure that reporting carriers are properly 
reporting data on lines 1(a) and 1(b).

 Instruction (C)--no change.

 Instruction (D)

    [cir] Added a new Instruction D to clarify that reporting carriers 
must include on line 4 passengers who receive any type of compensation 
as a result of being denied boarding involuntarily from an oversold 
flight.

 Instruction (E)

    [cir] Moved text from previous Instruction (D) to Instruction (E) 
without additional change.

 Instruction (F)

    [cir] Moved text from previous Instruction (E) to Instruction (F) 
without additional change.

 Instruction (G)

    [cir] Moved text from previous Instruction (F) to Instruction (G) 
and added clarifying language to ensure reporting carriers properly 
report only the amount of cash or cash-equivalent compensation provided 
to passengers denied boarding either voluntarily or involuntarily.

 Instruction (H)

    [cir] Moved text from previous Instruction (G) to Instruction (H) 
without additional change.
 Instruction (I)

    [cir] Moved text from previous Instruction (H) to Instruction (I) 
and include a new submission email address.

    Copies of the revised form and accompanying instructions reflecting 
the changes are included in this Notice.
    Accordingly, the Department 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., see 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, see 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 review and respond to public 
comments before rendering a decision. See 60 FR 44983 (Aug. 29, 1995). 
Therefore, respondents should submit any 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).
    This Notice addresses the information collection requirements set 
forth in the Department's regulation mandating reporting of oversales 
data, 14 CFR 250.10. The renewed OMB control number will be applicable 
to all the provisions set forth in this Notice.
    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. A Federal agency generally cannot 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 the OMB 
under the PRA and displays a currently valid OMB Control Number. In 
addition, as a general matter, notwithstanding any other provisions of 
law, no person shall 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. See 5 CFR 
1320.5(a) and 1320.6.
    For each of these information collections, the title, a description 
of the respondents, and an estimate of the annual recordkeeping and 
periodic reporting burden are set forth below:
    The Confidential Information Protection and Statistical Efficiency 
Act of 2002 (44 U.S.C. 3501) requires a statistical agency to clearly 
identify information it collects for non-statistical purposes. The 
Departments hereby notifies the respondents and the public that it uses 
the information it collects under this OMB approval for non-statistical 
purposes including, but not limited to, publication of the data in the 
Department's Air Travel Consumer Report and submission of the 
information to DOT agencies outside BTS for review, analysis, and 
possible use in regulatory, enforcement, and other administrative 
matters.
    Requirement to Submit BTS Form 250 as related to oversold flights.
    Respondents: U.S. air carriers that account for 0.5 percent of 
domestic scheduled-service passenger revenues for all flights operated 
on aircraft with a designed passenger capacity of 30 or more seats 
which depart a U.S. airport. We have identified 16 carriers meeting 
this threshold in 2020. Additionally, out of the 16 carriers, five 
reporting carriers must file a separate form for all scheduled flight 
segments originating in the United States which are operated by a 
codeshare partner of the reporting carrier that is a certificated air 
carrier or commuter air carrier using aircraft that have a designed 
passenger capacity of 30 or more seats, and marketed only under one 
U.S. carrier's code.
    Number of Respondents: 16 (effective January 1, 2020).
    Frequency: Four times a year.
    Estimated Total Burden on Respondents: 1,144 hours.
    This estimate is based on the following information: \1\
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    \1\ The burden estimate was based on a cost/benefits analysis 
conducted in 2016 as part of the Department's Final Rule on 
Enhancing Airline Passenger Protections III. See, Regulatory Impact 
Analysis for Final Rule Enhancing Airline Passenger Protection III, 
October 18, 2016. https://www.regulations.gov/document?D=DOT-OST-2014-0056-0792.

                 Flights Operated by Reporting Carriers
                   [Form 250 for flights they operate]
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Respondents.............................................              16
Quarterly Reports.......................................               4
Total Reports...........................................              64
Hours per Reports.......................................              16
Burden Hours............................................           1,024
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[[Page 86993]]


             Codeshare Flights Marketed by Reporting Carrier
              [Form 250 for codeshare flights they market]
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Respondents.............................................               5
Quarterly Reports.......................................               4
Total Reports...........................................              20
Hours per Reports.......................................               6
Burden Hours............................................             120
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    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 responses to this Notice will be summarized and included in the 
request for OMB approval. All comments will also become a matter of 
public record on the docket.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. 
Chapter 35, as amended; and 49 CFR 1.49.

Blane A. Workie,
Assistant General Counsel for Aviation Consumer Protection.
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[FR Doc. 2020-28798 Filed 12-30-20; 8:45 am]
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