[Federal Register: September 8, 2003 (Volume 68, Number 173)]
[Rules and Regulations]
[Page 52835-52836]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08se03-4]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Part 250
[Docket No. OST-96-1255]
RIN 2105-AC45
Oversales Signs
AGENCY: Office of the Secretary (OST), (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends the regulation on oversales by changing
the reference to an outdated legal authority and other language because
of several new statutory provisions. This action also makes certain
other editorial changes.
EFFECTIVE DATE: October 8, 2003.
ADDRESSES: You may obtain a copy of this notice from the DOT public
docket through the Internet at http://dms.dot.gov, docket number OST-
96-1255.
You may also review the public docket in person in the Docket
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket office is on the plaza level of the Department of
Transportation. Additionally, you may obtain a copy of this document
from the Federal Register Web site at http://www.gpoaccess.gov/fr/index.html
.
FOR FURTHER INFORMATION CONTACT: Tim Kelly, Aviation Consumer
Protection Division, Office of Aviation Enforcement and Proceedings,
Office of the General Counsel, Department of Transportation, 400
Seventh Street, SW., Room 4107, Washington, DC 20590, telephone (202)
366-5952, e-mail tim.kelly@ost.dot.gov.
SUPPLEMENTARY INFORMATION:
Background
On June 3, 1996, the Department of Transportation published a
Notice of Proposed Rulemaking (61 FR 27818) that proposed to eliminate
the
[[Page 52836]]
Department's requirement (pursuant to 14 CFR part 250) that a consumer
notice about airline oversales appear on signs at airports, city ticket
offices, and travel agencies. The basis for the NPRM was that the
information would continue to be available through other means. This
NPRM also proposed certain updates to the Department's oversales rule
to reflect the recodification of statutory provisions and the
Department's acquisition of responsibility for this rule from the Civil
Aeronautics Board.
The Department received two comments in response to the NPRM.
Southwest Airlines supported the proposal to eliminate the oversales
sign. Southwest also concurred in one particular element of the
proposal which would require ``ticketless'' carriers (i.e., airlines
that use electronic ticketing as opposed to conventional paper tickets)
to continue to post the oversales sign if the carrier does not
distribute the oversales notice in writing to every passenger as is
required for passengers with paper tickets. The American Society of
Travel Agents opposed the Department's proposal; it stated that signs
are a more efficient method of communicating the oversales information
than individual notices. ASTA asserted that the Department should keep
the sign requirement and eliminate the requirement for individual
ticket notices.
A major basis for the Department's proposal was the fact that the
oversales rule requires that oversales information to assist consumers
must appear both on signs and on a notice that is to accompany every
ticket. Due to the significant growth of electronic ticketing in the
period since this proposal was issued, the Department cannot rely to
the same extent on advance distribution of the oversales ticket notice.
Indeed, in 1997 (62 FR 19473) the Department issued a Statement of
Compliance Policy in which it afforded additional flexibility to
carriers in distributing ticket notices to electronically ticketed
passengers.
Therefore, based on the above discussion, we have decided not to
eliminate the requirement for an oversales airport sign at this time.
Additionally, it is our decision that ASTA's proposal to eliminate
ticket notices is beyond the scope of this proceeding. However, in this
final rule, we will finalize the administrative updates of Part 250
that were proposed in the NPRM (e.g., statutory references) by amending
certain terms to more accurately reflect current law.
Regulatory Analyses and Notices
This final rule is not considered a significant regulatory action
under section 3(f) of Executive Order 12866 and, therefore, it was not
reviewed by the Office of Management and Budget. This rule is not
considered significant under the Department's regulatory policies and
procedures. This rule only makes editorial changes, and updates
reference to a legal authority and other language because of several
statutory changes.
The Department also has determined that the economic impact of the
rule is so minimal that no further analysis is necessary. This rule
does not impose unfunded mandates or requirements that will have any
impact on the quality of the human environment.
Executive Order 13132
The Department has analyzed this rule under the principles and
criteria contained in Executive Order 13132 (``Federalism'') and has
determined that the rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Paperwork Reduction Act
This action does not contain information collection requirements
for purposes of the Paperwork Reduction Act of 1995.
Regulatory Flexibility Act
The Department has evaluated the effects of this rule on small
entities. I certify this rule will not have a significant economic
impact on a substantial number of small entities, because we are merely
making editorial changes and updating references to a legal authority
and other language because of several statutory changes.
List of Subjects in 14 CFR Part 250
Air carriers, Consumer protection, Reporting and recordkeeping
requirements.
0
For the reasons set forth in the preamble, the Department amends 14 CFR
part 250 as follows:
PART 250--OVERSALES
0
1. The authority citation for part 250 continues to read as follows:
Authority: 49 U.S.C. 401, 411, 413, and 417.
0
2. In 14 CFR 250.1, the definition of ``Carrier'' is revised to read as
follows:
Sec. 250.1 Definitions.
* * * * *
Carrier means: (1) A direct air carrier, except a helicopter
operator, holding a certificate issued by the Department of
Transportation pursuant to 49 U.S.C. 41102 (formerly sections
401(d)(1), 401(d)(2), 401(d)(5) and 401(d)(8) of the Federal Aviation
Act of 1958), or an exemption from 49 U.S.C. 41101 (formerly section
401(a) of the Act), authorizing the transportation of persons, or
(2) A foreign route air carrier holding a permit issued by the
Department pursuant to 49 U.S.C. 41301 through 41306 (formerly section
402 of the Act), or an exemption from the appropriate provision of 49
U.S.C. 41301 through 41306, authorizing the scheduled foreign air
transportation of persons.
* * * * *
0
3. In Sec. 250.2, the words ``or overseas'' are removed.
0
4. In Sec. 250.2b(b), in the last sentence, the word ``Board'' is
removed and the term ``DOT'' is added in its place.
0
5. In Sec. 250.5(a), in the last sentence, the words ``and overseas''
are removed.
0
6. In Sec. 250.9(b), in the subsection entitled Compensation for
Denied Boarding, in the second sentence, the phrase ``Civil Aeronautics
Board'' is removed and the phrase ``Department of Transportation'' is
added in its place, and in the subsection entitled Amount of Denied
Boarding Compensation, in the second paragraph, the phrase ``the CAB''
is removed and the term ``DOT'' is added in its place.
Issued this 19th day of August, 2003 at Washington DC.
Norman Y. Mineta,
Secretary of Transportation.
[FR Doc. 03-22093 Filed 9-5-03; 8:45 am]
BILLING CODE 4910-62-P