[Federal Register Volume 76, Number 242 (Friday, December 16, 2011)]
[Rules and Regulations]
[Pages 78145-78146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32336]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Part 399
[Docket No. DOT-OST-2010-0140]
RIN 2105-AD92
Enhancing Airline Passenger Protections: Limited Extension of
Effect Date for Full Fare Price Advertising
AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT).
ACTION: Direct final rule; request for comments.
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SUMMARY: This direct final rule delays the effective date regarding the
time period for compliance with a portion of the full fare and other
advertising requirements from January 24, 2012, to January 26, 2012.
The intended effect of this delay is to provide regulatory relief to
petitioner American Airlines by allowing the carrier and any other
similarly situated carriers or ticket agents to avoid having to update
full fare information in on-line reservations systems on a day of the
week that is the petitioner's, and may be other carriers' and ticket
agents', heaviest on-line traffic and revenue day. This action is
necessary to minimize the detrimental effects of any difficulties that
may arise in the immediate aftermath of on-line implementation of
programming necessary to comply with the new requirement that sellers
of air transportation advertise the full fare, including all
government-imposed taxes and fees. This delay is a minor substantive
change, in the public interest, and unlikely to result in adverse
comment.
DATES: The effective date for the amendment to 14 CFR 399.84, published
April 25, 2011, at 76 FR 23110, and delayed July 28, 2011, at 76 FR
45181, is further delayed until January 26, 2012. This delay is
effective December 23, 2011, unless an adverse comment or a written
notice of intent to submit an adverse comment is received by December
23, 2011. OST will publish in the Federal Register a timely document
confirming the delayed effective date for the amendment to 14 CFR
399.84.
ADDRESSES: You may file comments identified by the docket number DOT-
OST-2010-0140 by any of the following methods:
[cir] Federal eRulemaking Portal: go to http://www.regulations.gov
and follow the online instructions for submitting comments.
[cir] Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE., Room W12-140, Washington, DC
20590-0001.
[cir] Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Ave. SE., between 9 a.m. and 5 p.m. ET, Monday
through Friday, except Federal Holidays
[cir] Fax: (202) 493-2251.
Instructions: You must include the agency name and docket number
DOT-OST-2010-0140 or the Regulatory Identification Number (RIN) for the
rulemaking at the beginning of your comment. All comments received will
be posted without change to http://www.regulations.gov, including any
personal information provided.
Privacy Act: Anyone is able to search the electronic form of all
comments received in any of our dockets by the name of the individual
submitting the comment (or signing the comment if submitted on behalf
of an association, a business, a labor union, etc.). You may review
DOT's complete Privacy Act statement in the Federal Register published
on April 11, 2000 (65 FR 19477-78), or you may visit http://DocketsInfo.dot.gov.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to the street
address listed above. Follow the online instructions for accessing the
docket.
FOR FURTHER INFORMATION CONTACT: Blane A. Workie, Deputy Assistant
General Counsel, or Dayton Lehman Jr, Principal Deputy Assistant
General Counsel, Office of the Assistant General Counsel for Aviation
Enforcement and Proceedings, U.S. Department of Transportation, 1200
New Jersey Ave. SE., Washington, DC 20590, (202) 366-9342 (phone),
(202) 366-7152 (fax), [email protected] or [email protected]
(email), respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department of Transportation issued a rule requiring that all
airlines and ticket agents that advertise airfares or air tours must
advertise the full fare to be paid for the air transportation or air
tour, including all government-imposed taxes and fees. This rule
changes the Department's past policy of permitting government taxes and
fees imposed on a per-person basis, such as passenger facility charges
and segment fees, to be stated separately from the advertised fare. The
first time carriers and ticket agents must provide the full fare
information in all fare advertisements, including their on-line
reservations systems, is January 24, 2012. (76 FR 45181, July 28, 2011)
On December 8, 2011, American Airlines (American) submitted a
motion to the Department requesting a change of the effective date of
the rule from the 24th to the 26th of January, because the 24th falls
on a Tuesday, which it states is its busiest internet traffic and
revenue day each week and may be the busiest for other sellers of air
transportation as well. The carrier seeks to avoid having the
complexities of rolling out the new pricing system when traffic and
revenue activity is heaviest and any problems with the new system would
be exacerbated. American points out that it is not feasible to
implement the change earlier due to the extremely tight schedule
necessary to complete its reprogramming and testing effort and that the
requested 2-day extension will have no material negative effect on
consumers. American asks that the requested relief apply to the Web
sites of any party affected by the new rule, as well as to advertising
that refers customers to Web sites for booking, such as that which
appears on-line, in print, on television, and radio. American states
that it informally canvassed several carriers and that the responses
received were favorable. In addition, Department staff has informally
heard from several organizations representing travel agencies and
consumers which state they have no objection to the short extension
requested.
Other carriers as well as ticket agents have in the past advised us
that reprogramming their on-line
[[Page 78146]]
reservations systems to comply with the new rule is a complex
undertaking. Indeed, in response to such concerns, we extended the
effective date of this rule for 90 days, from October 24, 2011, to its
present date of January 24, 2012. (76 FR 45181, July 28, 2011) We can
appreciate that any errors that might occur the first day the new
system is implemented would have a greater impact on carriers or ticket
agents selling air transportation if that day happens to be their
busiest business day. We are concerned that, similarly, any such
problems may have a more wide-ranging negative effect on consumers, as
well. For this reason, and because we agree that a two-day delay in the
start of the new rule will not significantly affect consumers, we find
that grant of American's petition is in the public interest. In order
to avoid confusion over airfares advertised using various media, which
include Web sites, email, print, television, and radio, this short two-
day extension will apply to all fare advertisements.
The Direct Final Rule Procedure
On January 30, 2004, OST published a final rule adopting direct
final rulemaking procedures intended to expedite the rulemaking process
for noncontroversial rules. By using direct final rulemaking, OST can
reduce the time necessary to develop, review, clear and publish a rule
to which no adverse public comment is anticipated by eliminating the
need to publish separate proposed and final rules (69 FR 4455).
OST anticipates that this regulation will not result in adverse or
negative comment and, therefore, is issuing it as a direct final rule.
Unless a written adverse or negative comment, or a written notice of
intent to submit an adverse or negative comment is received within the
comment period, the regulation will become effective on the date
specified above. After the close of the comment period, if no adverse
or negative comment or written notice of intent to submit such a
comment is received, OST will publish a document in the Federal
Register indicating that no adverse or negative comments were received
and confirming the date on which the final rule will become effective.
If OST does receive, within the comment period, an adverse or negative
comment, or written notice of intent to submit such a comment, a
document withdrawing the direct final rule will be published in the
Federal Register, and a notice of proposed rulemaking may be published
with a new comment period.
Comments Invited
Interested parties are invited to participate in this rulemaking by
submitting such written data, views, or arguments, as they may desire.
Comments that provide the factual basis supporting the views and
suggestions presented are particularly helpful in developing reasoned
regulatory decisions on the proposal.
Regulatory Analyses and Notices
A. Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
This final rule is not a significant regulatory action under
Executive Order 12866 and the Department of Transportation's Regulatory
Policies and Procedures. Accordingly, this final rule has not been
reviewed by the Office of Management and Budget (OMB).
B. Regulatory Flexibility Act
Pursuant to section 605 of the Regulatory Flexibility Act (RFA), 5
U.S.C. 605(b), as amended by the Small Business Regulatory Enforcement
and Fairness Act of 1996 (SBREFA), DOT certifies that this final rule
does not have a significant impact on a substantial number of small
entities. The final rule does not impose any duties or obligations on
small entities.
C. Executive Order 13132 (Federalism)
This Final Rule does not have a substantial direct effect on the
States, on the relationship between the national Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, and therefore does not have federalism
implications.
D. Executive Order 13084
This Final Rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13084 (``Consultation and
Coordination with Indian Tribal Governments''). Because the rule does
not 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.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.)
requires that DOT consider the impact of paperwork and other
information collection burdens imposed on the public and, under the
provisions of PRA section 3507(d), obtain approval from the Office of
Management and Budget (OMB) for each collection of information it
conducts, sponsors, or requires through regulations. DOT has determined
that there is no new information collection requirements associated
with this final rule.
F. Unfunded Mandates Reform Act
The Department has determined that the requirements of Title II of
the Unfunded Mandates Reform Act of 1995 do not apply to this Final
Rule.
Issued this 13th day of December 2011, in Washington, DC.
Susan Kurland,
Assistant Secretary for Aviation and International Affairs.
[FR Doc. 2011-32336 Filed 12-15-11; 8:45 am]
BILLING CODE 4910-9X-P