11618 Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Notices 

1See also Office of Aviation Enforcement and 

Proceedings, DOT, Answers to Frequently Asked 

Questions, at 22 (Aug 19, 2011, revised Sept. 6, 

2011, and Oct 19, 2011), available at http://

airconsumer.ost.dot.gov/rules/EAPP_22_FAQ _10– 

19–2011.pdf. 

are accurate, and if there are ways to 

minimize the estimated burden and 

enhance the quality of the collection, to 

Sandra Johnston, Program Analyst, 

Office of Financial Assistance, Small 

Business Administration, 409 3rd Street, 

7th Floor, Washington, DC 20416. 

FOR FURTHER INFORMATION CONTACT: 

Sandra Johnston, Program Analyst, 202– 

205–7528, Sandra.johnston@sba.gov 

Curtis B. Rich, Management Analyst, 

202–205–7030, curtis.rich@sba.gov. 

SUPPLEMENTARY INFORMATION: The 

servicing agent agreement is executed 

by the borrower, certified development 

company and the loan servicing agent. 

The agreement is primarily used to 

certify use of loan proceeds, appoint a 

servicing agent and acknowledge the 

imposition of various fees. 

Title: ‘‘Servicing Agent Agreement’’. 

Description of Respondents: Certified 

Development Companies and SBA 

Borrowers. 

Form Number: N/A. 

Annual Responses: 7,830. 

Annual Burden: 7,830. 

Jacqueline White, 

Chief, Administrative Information Branch. 

[FR Doc. 2012–4388 Filed 2–24–12; 8:45 am] 

BILLING CODE ;P 

SMALL BUSINESS ADMINISTRATION 

[License No. 03/03–0247] 

Solutions Capital I, L.P.; Notice 

Seeking Exemption Under the Small 

Business Investment Act, Conflicts of 

Interest 

Notice is hereby given that Solutions 

Capital I, L.P., 1100 Wilson Blvd., Suite 

3000, Arlington, VA 22209, a Federal 

Licensee under the Small Business 

Investment Act of 1958, as amended 

(‘‘the Act’’), in connection with the 

financing of a small concern, has sought 

an exemption under § 312 of the Act 

and § 107.730, Financings which 

constitute conflicts of interest, of the 

Small Business Administration Rules 

and Regulations (13 CFR 107). Solutions 

Capital I, L.P., proposes to acquire debt 

financing from MCG Capital 

Corporation in Advanced Sleep 

Concepts, Inc., 195 Chatillon Road NE., 

Rome, GA, 30162. The financing is 

contemplated to provide growth capital 

for the company. 

The financing is brought within the 

purview of § 107.730(a) of the 

Regulations because MCG Capital 

Corporation, an Associate of Solutions 

Capital I, L.P., has a greater than 10% 

equity interest in Advanced Sleep 

Concepts, Inc., thereby making 

Advanced Sleep Concepts, Inc., an 

Associate of Solutions Capital I, L.P., as 

defined in § 107.50 of the Regulations. 

Notice is hereby given that any 

interested person may submit written 

comments on the transaction to the 

Associate Administrator for Investment, 

U.S. Small Business Administration, 

409 Third Street SW., Washington, DC 

20416. 

Sean J. Greene, 

Associate Administrator for Investment and 

Innovation. 

[FR Doc. 2012–4391 Filed 2–24–12; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Additional Guidance on Airfare/Air 

Tour Price Advertisements 

AGENCY: Office of the Secretary, 

Department of Transportation. 

ACTION: Notice providing additional 

guidance on airfare/air tour price 

advertisements. 

SUMMARY: The Department is publishing 

the following notice providing 

additional guidance on airfare/air tour 

price 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. 

Additional Guidance on Airfare/Air 

Tour Price Advertisements 

This notice provides additional 

guidance to airlines and ticket agents 

that market prices for air transportation, 

air tours, or tour components in 

connection with air transportation 

regarding the full fare advertising rule. 

It describes several airline and ticket 

agent practices that the Office of 

Aviation Enforcement and Proceedings 

(Enforcement Office) considers to 

violate section 399.84 and/or to be 

unfair and deceptive and/or an unfair 

method of competition in violation of 49 

U.S.C. 41712. The purpose of this notice 

is to urge voluntary compliance by 

airlines and ticket agents and to 

announce the office’s intention to 

pursue enforcement action where it 

discovers such practices, as appropriate. 

Separate Listing of Taxes and Carrier 

Fees 

If a vendor chooses to make available 

information regarding the amount of 

taxes and/or fees that are included in 

the full fare, the disclosure must 

accurately distinguish between taxes 

and government fees on the one hand 

and carrier-imposed fees on the other. In 

addition, with respect to information 

about carrier-imposed fees included in 

the full fare, such disclosure must 

accurately represent the actual cost of 

the item for which the charge is 

assessed and must not otherwise be 

deceptive. 

Under past policy that expired on 

January 25, 2012, fare advertisements 

were permitted to state, separately from 

the base fare, government fees and 

charges that were not ad valorem in 

nature. Carrier-imposed charges, such as 

fuel or security surcharges, had to be 

included in the base fare initially 

presented to consumers on Web site 

displays, but carriers were allowed to 

break out these charges, along with all 

government taxes and fees, in 

subsequent screens or through pop-ups 

or hyperlinks. We have found, in 

reviewing airline Web sites, that many 

Web sites which detailed additional fees 

labeled all additional charges, 

government and carrier-imposed, as 

taxes when in fact carrier-imposed fees 

were often the major portion of these 

fees. Such displays were deceptive and 

in violation of section 41712. 

The Department’s new consumer rule, 

‘‘Enhancing Airline Passenger 

Protections,’’ 76 FR 23110 (Apr. 25, 

2011), requires, among other things, that 

the first price quote presented must be 

the full price, including all taxes, fees 

and all carrier surcharges. This full 

price provision became effective January 

26, 2012. In response to concerns 

expressed by carriers, the Department 

made clear in the preamble to the rule 

that advertisers are free to advise the 

public in price solicitations about 

government taxes and fees as well as 

carrier- or agent-imposed fees that are 

included within the single total price, so 

long as that notice is not deceptive. For 

example, as we explained in the final 

rule, sellers of air transportation may 

have pop-ups or links adjacent to an 

advertised price to take the consumer to 

a listing of such charges, or they may 

display these charges on the same page 

in a less prominent manner than the 

total price if they prefer.1 In particular, 

the Department noted that any such 

charges must be displayed on a perpassenger basis, accurately reflect the 

actual costs of the service covered, and 

not otherwise be deceptive. (14 CFR 

399.84, 76 FR 23110, 23143). When a 

cost component is described as a fuel 

surcharge, for example, that amount 


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