2744 Federal Register / Vol. 76, No. 10 / Friday, January 14, 2011 / Notices 

7 15 U.S.C. 78s(b)(3)(a)(ii). 

8 17 CFR 240.19b–4(f)(2). 9 17 CFR 200.30–3(a)(12). 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

Nasdaq does not believe that the 

proposed rule change will result in any 

burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act, as amended. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

Written comments were neither 

solicited nor received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change has become 

effective pursuant to Section 

19(b)(3)(A)(ii) of the Act 7 and 

subparagraph (f)(2) of Rule 19b–4 

thereunder.8 At any time within 60 days 

of the filing of the proposed rule change, 

the Commission summarily may 

temporarily suspend such rule change if 

it appears to the Commission that such 

action is necessary or appropriate in the 

public interest, for the protection of 

investors, or otherwise in furtherance of 

the purposes of the Act. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–NASDAQ–2010–166 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number SR–NASDAQ–2010–166. This 

file number should be included on the 

subject line if e-mail is used. 

To help the Commission process and 

review your comments more efficiently, 

please use only one method. The 

Commission will post all comments on 

the Commission’s Internet Web site 

(http://www.sec.gov/rules/sro.shtml). 

Copies of the submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for website viewing and 

printing in the Commission’s Public 

Reference Room on official business 

days between the hours of 10 a.m. and 

3 p.m. Copies of such filing also will be 

available for inspection and copying at 

the principal offices of the Exchange. 

All comments received will be posted 

without change; the Commission does 

not edit personal identifying 

information from submissions. You 

should submit only information that 

you wish to make available publicly. All 

submissions should refer to File 

Number SR–NASDAQ–2010–166, and 

should be submitted on or before 

February 4, 2011. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2011–672 Filed 1–13–11; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Disclosure of Code-Share Service by 

Air Carriers and Sellers of Air 

Transportation 

AGENCY: Office of the Secretary, 

Department of Transportation. 

ACTION: Notice. 

SUMMARY: The Department is publishing 

the following notice on the enforcement 

of its rules relating to disclosure of 

code-share service on Internet Web sites 

and elsewhere by air carriers, their 

agents, and third party sellers of air 

transportation in view of recent 

amendments to 49 U.S.C. 41712. 

FOR FURTHER INFORMATION CONTACT: 

Nicholas Lowry, Attorney, Office of 

Aviation Enforcement and Proceedings 

(C–70), 1200 New Jersey Ave., SE., 

Washington, DC 20590, (202) 366–9349. 

United States of America, Department 

of Transportation, Office of the 

Secretary, Washington, DC 

Guidance on Disclosure of Code-Share 

Service Under Recent Amendments to 

49 U.S.C. 41712 

Notice 

This notice is intended to provide 

guidance on the disclosure of codeshare service in light of recent 

amendments to 49 U.S.C. 41712. It is 

also intended to provide a reminder to 

ticket agents with respect to their codeshare disclosure responsibility, 

particularly as it concerns the 

development and provision of Internet 

Web sites (Web sites) that display codeshare flights and to air carriers regarding 

their responsibilities in connection with 

the Web sites of their agents. 

A recent amendment to section 41712, 

which has for some time contained a 

general prohibition against unfair and 

deceptive practices and unfair methods 

of competition on the part of air carriers, 

foreign air carriers and ticket agents, 

added a new section 41712(c) that 

specifically requires that these entities 

disclose in any oral, written or 

electronic communication to the public, 

prior to the purchase of a ticket, the 

name of the carrier providing the service 

for each segment of a passenger’s 

itinerary. The language is principally 

intended to address service rendered 

pursuant to code-share arrangements. In 

addition, the new language explicitly 

requires that on Web sites, disclosure 

must be made ‘‘on the first display of the 

Web site following a search of a 

requested itinerary in a format that is 

easily visible to a viewer.’’ Airline Safety 

and Federal Aviation Administration 

Extension Act of 2010, Public Law 111– 

216, Title II, § 210, 124 Stat. 2362, Aug. 

1, 2010. 

The Department’s current regulation 

on the disclosure of code-sharing 

arrangements, 14 CFR part 257, which 

was issued in 1999, is based on the 

general unfair and deceptive practice 

language of section 41712. Section 

257.5(a) requires, in all Web sites and 

other publicly available displays of 

schedule information, that code-share 

service be indicated with ‘‘an asterisk or 

other easily identifiable mark and that 

the corporate name of the transporting 

carrier and any other name under which 

that service is held out to the public is 

also disclosed.’’ As with the recently 

amended statutory language, the rule 

requires that in oral communications 

with the public, ticket agents must 

inform the consumer of the code-share 

service ‘‘before booking transportation’’ 

and state ‘‘the name of the transporting 

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Federal Register / Vol. 76, No. 10 / Friday, January 14, 2011 / Notices 2745 

carrier by its corporate name and any 

other name under which that service is 

held out to the public.’’ (Section 

257.5(b)) Written notice of code-share 

service is also required where an 

itinerary is issued. (Section 257.5(c)(1)) 

In printed advertisements, including 

those published via a Web site, the 

code-share relationship must be 

‘‘prominently’’ disclosed and an 

abbreviated notice must be included in 

any radio or television advertisement. 

(For a recent enforcement interpretation 

of this requirement, see Order 2010–7– 

4, Delta Air Lines, Inc., and Northwest 

Airlines, Inc., and Order 2009–7–6, 

United Air Lines, Inc., July 7, 2009.) 

With regard to Web sites, we have, as a 

matter of enforcement policy, not 

pursued enforcement action in cases 

where disclosure of an operating 

carrier’s corporate name and other 

pertinent names was provided through 

rollover or hyperlinked displays. On the 

other hand, we have pursued 

enforcement action where neither such 

disclosure nor direct disclosure of the 

operating carrier’s name or names was 

provided. 

The amended language of section 

41712 makes explicit that the disclosure 

of code-share service, in the context of 

Web site displays, must be included in 

any schedule displayed in response to 

an itinerary request by a consumer. To 

be ‘‘easily visible,’’ the disclosure should 

be on the same screen as the itinerary 

and immediately adjacent to that 

itinerary and to each alternative 

itinerary, if applicable. Nothing in 

section 41712(c) would permit codeshare disclosure to be made through a 

hyperlink or rollover. Code-share 

service may be highlighted by an 

asterisk or other mark, but should still 

include appropriate text on the itinerary 

display that is easily visible to a viewer, 

identifying the operating carrier by its 

corporate name. Because of this new 

statutory provision, we intend to pursue 

enforcement action in the future where 

the only code-share disclosure is by 

rollover or hyperlinked displays. 

To avoid the initiation of enforcement 

action in the future, air carriers, foreign 

air carriers, and their ticket agents, 

including independent Web site 

vendors, are advised to promptly 

modify their practices to conform to 

these statutory disclosure requirements. 

In view of the fact that Web site sellers 

will need a period in which to modify 

their Web site displays, the Aviation 

Enforcement Office will not begin to 

enforce the new statutory provision 

until 60 days after the date of 

publication of this notice. During the 

intervening period, we will continue to 

pursue enforcement action against sites 

which fail, at a minimum, to provide 

full disclosure of the operating carrier’s 

required name or names through 

hyperlinks or rollovers. 

By this notice we are also reminding 

air carriers of their general 

responsibility regarding the advertising 

practices of their agents and in 

particular with respect to disclosure of 

code-share service on the agents’ Web 

sites. Based on our preliminary review, 

it appears that most U.S. air carrier Web 

sites already comply with section 

41712(c), while many of their agents’ 

sites do not. Carriers are responsible for 

the activities of their agents and must 

ensure compliance with code-share 

disclosure requirements by those agents, 

or they could face enforcement action. 

We are also taking this opportunity to 

warn ticket agents, in particular global 

distribution systems, which may be 

assisting travel agents to establish 

airline ticket sales Web sites, that they 

should not be providing those agents 

Web site software that is not in 

compliance with the Department’s 

advertising requirements, in general, or 

code-share disclosure requirements, in 

particular. Such actions that facilitate 

violations of Department rules or 

section 41712 may themselves violate 

41712, and we will not hesitate to 

institute enforcement action against 

ticket agents in such situations, if 

appropriate. 

Questions regarding this notice may 

be addressed to the Office of Aviation 

Enforcement and Proceedings (C–70), 

U.S. Department of Transportation, 1200 

New Jersey Ave., SE., Washington, DC 

20590. 

An electronic version of this 

document is available at http:// 

www.regulations.gov. 

Dated: January 10, 2011. 

Samuel Podberesky, 

Assistant General Counsel for Aviation 

Enforcement and Proceedings. 

[FR Doc. 2011–753 Filed 1–13–11; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Eighty-Fourth Meeting: RTCA Special 

Committee 159: Global Positioning 

System (GPS) 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of RTCA Special 

Committee 159 meeting: Global 

Positioning System (GPS). 

SUMMARY: The FAA is issuing this notice 

to advise the public of a meeting of 

RTCA Special Committee 159: Global 

Positioning System (GPS). 

DATES: The meeting will be held 

February 7–11, 2011, from 9 a.m. to 4:30 

p.m. (unless stated otherwise). 

ADDRESSES: The meeting will be held at 

RTCA, Inc., 1828 L Street, NW., Suite 

805, Washington, DC 20036. 

FOR FURTHER INFORMATION CONTACT: 

RTCA Secretariat, 1828 L Street, NW., 

Suite 805, Washington, DC 20036; 

telephone (202) 833–9339; fax (202) 

833–9434; Web site http://www.rtca.org. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 10(a)(2) of the Federal 

Advisory Committee Act (Pub. L. 92– 

463, 5 U.S.C., Appendix 2), notice is 

hereby given for a Special Committee 

159: Global Positioning System (GPS) 

meeting. The agenda will include: 

SPECIFIC WORKING GROUP 

SESSIONS 

Monday, February 7 

• All Day, Working Group 2C, GPS/ 

Inertial, MacIntosh-NBAA Room and 

Hilton-ATA Room 

Tuesday, February 8 

• All Day, Working Group 2, GPS/ 

WAAS, Colson Board Room 

Wednesday, February 9 

• All Day, Working Group 2, GPS/ 

WAAS, Colson Board Room 

• All Day, Working Group 4, Precision 

Landing Guidance (GPS/LAAS), 

MacIntosh-NBAA Room and HiltonATA Room 

Thursday, February 10 

• All Day, Working Group 4, Precision 

Landing Guidance (GPS/LAAS), 

MacIntosh-NBAA Room and HiltonATA Room. 

• Afternoon, Working Group 7, Antenna 

(GPS Antenna), Colson Board Room 

Friday, February 11, 9 a.m. 

Plenary Session—See Agenda Below 

Agenda—Plenary Session—Agenda 

Colson Board Room 

• Chairman’s Introductory Remarks 

• Approval of Summary of the 83rd 

Meeting held October 29, 2010, RTCA 

Paper No. 004–11/SC159–989 

• Review Working Group (WG) Progress 

and Identify Issues for Resolution 

• GPS/3rd Civil Frequency (WG–1) 

• GPS/WAAS (WG–2) 

• GPS/GLONASS (WG–2A) 

• GPS/Inertial (WG–2C) 

• GPS/Precision Landing Guidance 

(WG–4) 

• GPS/Airport Surface Surveillance 

(WG–5) 

• GPS/Interference (WG–6) 

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