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[Federal Register Volume 76, Number 242 (Friday, December 16, 2011)]
[Rules and Regulations]
[Pages 78145-78146]
From the Federal Register Online via the Government Printing 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), 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 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
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