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[Federal Register Volume 77, Number 43 (Monday, March 5, 2012)]
[Notices]
[Pages 13172-13173]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5217]

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DEPARTMENT OF TRANSPORTATION

Office of The Secretary

Guidance on the Use of Rounding in Air Fare Advertisements

AGENCY: Office of the Secretary, Department of Transportation.

ACTION: Notice Providing Guidance on the Use of Rounding in Air Fare 
Advertisements.

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SUMMARY: The Department is publishing the following notice providing 
guidance on the use of rounding in air fare advertisements.

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.
    This notice is intended to provide guidance to air carriers, 
foreign air carriers, and ticket agents regarding

[[Page 13173]]

compliance with the full-fare disclosure mandate of the Department's 
recent consumer rule, ``Enhancing Airline Consumer Protections'' (14 
CFR 399.84, 76 FR 23110, 23166, Apr. 25, 2011). The rule requires that 
in all fare advertisements for passenger air transportation, a tour, or 
a tour component the fare published by the vendor must represent the 
full amount payable by the consumer. Based on a recent review by the 
Office of Aviation Enforcement and Proceedings (Enforcement Office), a 
number of Internet sites display fares in whole dollar amounts that 
represent a rounding down of the exact fare, while other sites state 
the exact fare or round up.
    To comply with the requirements of our recently revised full-fare 
advertising rule, sellers of air transportation must in all fare 
displays state either the exact fare or round up to an amount greater 
than the exact fare. This will avoid stating a fare that is lower than 
its actual amount and may be particularly important in sites which rank 
fares and display fare alternatives by fare amount. The Enforcement 
Office views any failure to show either the exact fare or to round up 
to an amount greater than the exact fare to constitute an unfair and 
deceptive trade practice and unfair method of competition in violation 
of 49 U.S.C. 41712 as well as a violation of 14 CFR 399.84. Of course, 
sellers rounding up in their advertisements may sell the ticket at the 
exact fare when a purchase is made.
    The Enforcement Office will allow vendors 60 days to revise their 
site displays, if necessary, prior to instituting enforcement action on 
the basis of a practice of rounding down fare amounts. These disclosure 
requirements extend to all vendors of air transportation. Questions 
regarding this notice may be addressed to the Office of Aviation 
Enforcement and Proceedings (C-70), 1200 New Jersey Avenue, SE., 
Washington, DC 20590.
    An electronic version of this document is available at http://www.regulations.gov.

    Dated: February 28, 2012.
Samuel Podberesky,
Assistant General Counsel for Aviation Enforcement and Proceedings.
[FR Doc. 2012-5217 Filed 3-2-12; 8:45 am]
BILLING CODE 4910-9X-P
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