Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Rules and Regulations 78145 

AAL AK E5 Anaktuvuk Pass, AK 

[Amended] 

Anaktuvuk Pass Airport, AK 

(Lat. 68°08′01′′ N., long. 151°44′36′′ W.) 

Anaktuvuk Pass, NDB 

(Lat. 68°08′12′′ N., long. 151°44′39′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 9.3-mile 

radius of the Anaktuvuk Pass Airport, AK 

and within 8 miles northwest and 4 miles 

southeast of the Anaktuvuk Pass NDB 240° 

bearing extending from the 9.3-mile radius to 

16.7 miles southwest of the Anaktuvuk Pass 

Airport, AK; and that airspace extending 

upward from 1,200 feet above the surface 

within a 66-mile radius of the Anaktuvuk 

Pass Airport, AK. 

Issued in Seattle, Washington, on 

December 3, 2011. 

John Warner, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2011–32210 Filed 12–15–11; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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: 

Æ Federal eRulemaking Portal: go to 

http://www.regulations.gov and follow 

the online instructions for submitting 

comments. 

Æ Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Ave. SE., Room W12–140, 

Washington, DC 20590–0001. 

Æ 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 

Æ 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), 

blane.workie@dot.gov or 

dayton.lehman@dot.gov (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 governmentimposed 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 


jlentini on DSK4TPTVN1PROD with RULES
78146 Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Rules and Regulations 

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 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 744 

[Docket No. 111202715–1724–01] 

RIN 0694–AF46 

Addition of Certain Persons to the 

Entity List; and Implementation of 

Entity List Annual Review Changes 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule amends the Export 

Administration Regulations (EAR) by 

adding two persons to the Entity List. 

The persons who are added to the Entity 

List have been determined by the U.S. 

Government to be acting contrary to the 

national security or foreign policy 

interests of the United States. These 

persons will be listed on the Entity List 

under the United Arab Emirates 

(U.A.E.). 

This rule also amends the Entity List 

on the basis of the annual review of the 

Entity List conducted by the End-User 

Review Committee (ERC). The ERC 

conducts the annual review to 

determine if any entries on the Entity 

List should be removed or modified. 

This rule removes two persons 

located in Singapore and two persons 

located in Taiwan on the basis of the 

annual review, and revises the entry 

concerning one person located in 

Malaysia to add an alternate address. 

The Entity List provides notice to the 

public that certain exports, reexports, 

and transfers (in-country) to entities 

identified on the Entity List require a 

license from the Bureau of Industry and 

Security (BIS) and that availability of 


jlentini on DSK4TPTVN1PROD with RULES