96-9960. Electronic Filing of International Airline Passenger Rules Tariffs  

  • [Federal Register Volume 61, Number 80 (Wednesday, April 24, 1996)]
    [Rules and Regulations]
    [Pages 18070-18075]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-9960]
    
    
    
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    DEPARTMENT OF TRANSPORTATION
    Office of the Secretary
    
    14 CFR Part 221
    
    [Docket No. 50355; Notice No. 12]
    RIN 2105-AC23
    
    
    Electronic Filing of International Airline Passenger Rules 
    Tariffs
    
    AGENCY: Office of the Secretary, DOT.
    
    ACTION: Final rule.
    
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    SUMMARY: This rule authorizes airlines to electronically file tariff 
    rules governing availability of passenger fares and their conditions of 
    service, subject to certain minimal format requirements. The 
    Department's regulations have permitted the electronic filing of 
    passenger fares since 1989. The Department is undertaking this action 
    in support of the administration's campaign to reinvent government and 
    at the request of tariff publishing agents in order to extend the 
    efficiencies of electronic data transmission and processing to the 
    filing of passenger rules tariffs.
    
    EFFECTIVE DATE: This regulation is effective on April 24, 1996.
    
    FOR FURTHER INFORMATION CONTACT: Mr. Keith A. Shangraw or Mr. John H. 
    Kiser, Office of the Secretary, Office of International Aviation, 
    Pricing and Multilateral Affairs Division, Department of 
    Transportation, 400 Seventh Street SW., Washington, DC 20590. 
    Telephone: (202) 366-2435.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        On May 19, 1995, the Department published a Notice of Proposed 
    Rulemaking (NPRM) to authorize electronic filing of airline tariff 
    rules governing international passenger fares and the general 
    conditions of service associated with their use (60 FR 26848). The 
    proposed action would largely eliminate the filing of paper tariff 
    rules, an archaic system that no longer meets the data transmission and 
    processing requirements of the industry or the Department. In addition, 
    it will save the airline industry over a million dollars in tariff 
    submission, printing and distribution costs and will substantially 
    reduce the Department's review, filing and storage expenses.
        The Department's regulations have permitted the electronic filing 
    of
    
    [[Page 18071]]
    
    international passenger fare levels and associated data in tariffs 
    since 1989, as an alternative to the filing of paper fares tariffs (54 
    FR 2087, January 19, 1989).1 The regulation, contained in Subpart 
    W of Part 221, established a number of criteria that must be met for 
    carriers or their agents to make such filings, including a signed 
    agreement or agreements providing for the maintenance and security of 
    the on-line tariff database. Approval by the Department of an 
    application containing various hardware and software service 
    commitments, as well as the filer's proposed format, is also required.
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        \1\ Associated data include arbitraries, footnotes, routing 
    numbers and fare class explanations. See 14 CFR sections 221.4 and 
    221.283.
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        ATPCO, a publishing agent owned by and representing a number of 
    U.S. and foreign airlines, was initially the only entity that applied 
    for authority to make electronic fare filings under the rule. In 
    December 1989, it received final approval from the Department to 
    commence official electronic filings. On November 28, 1990, ATPCO filed 
    a petition for rulemaking in Docket 47288, requesting the amendment of 
    Part 221 to permit the alternative electronic filing of all 
    international tariffs. The petition included suggested regulatory 
    changes to accommodate the filing of passenger and cargo rules, and 
    cargo rates.
        In February 1992, the Department permitted ATPCO to begin filing 
    electronic passenger rules that apply to specific fare types on an 
    unofficial test basis. The official fare rules, however, continue to be 
    filed on paper. In addition, ATPCO has not completed development of 
    electronic formats for general passenger rules relating to conditions 
    of carriage; these too, continue to be filed on paper.
        By a Notice of Proposed Rulemaking published October 15, 1992, in 
    Docket 48385, 57 FR 47303, the Department proposed extensive revisions 
    to Part 221 to permit the electronic filing of all international 
    tariffs. Following a comment period and a public meeting, the proposal 
    was withdrawn for further study of various technical issues, and the 
    proceeding was terminated. 58 FR 12350, March 4, 1993.
    
    Requests for Further Action
    
        Since the termination of the 1992 rulemaking, ATPCO has informally 
    urged the Department to take whatever actions may be necessary to 
    develop the capability for the acceptance and processing of all tariffs 
    electronically.
        In addition, another entity demonstrated interest in filing 
    international tariffs electronically with the Department. The Societe 
    Internationale de Telecommunications Aeronautiques (SITA), a tariff 
    publishing service which developed an electronic tariff filing system 
    for use in Europe and elsewhere, demonstrated its ProFile system to the 
    Department's staff and made modifications to accommodate U.S. 
    requirements and procedures. On June 21, 1994, SITA submitted an 
    application under section 221.260 for the necessary Department 
    approvals to permit it to begin filing international passenger tariffs, 
    encompassing fares and rules to the extent authorized by the 
    Department, and SITA has filed passenger fares on an unofficial test 
    basis. However, on November 10, 1995, SITA withdrew its application, 
    stating that its proposed filing service has not encountered the 
    anticipated international endorsement by government authorities and 
    airlines.
    
    The Proposal
    
        In the May 1995 NPRM the Department proposed to amend section 
    221.251 of Subpart W of its tariff filing regulations, 14 CFR Part 221, 
    to authorize the electronic filing by all airlines and tariff 
    publishing agents of any or all rules relating to the provision of 
    passenger services.2 Like the filing of passenger fare levels 
    already authorized, this alternative to the traditional paper format 
    and procedures set forth in Part 221 would be permissive in nature, and 
    would be governed by the provisions of Subpart W. This Subpart would 
    authorize the electronic filing of all tariff material relating to 
    passenger services that airlines are required to file with the 
    Department, although the existing requirements for final approval of a 
    particular electronic tariff filing system and its associated formats, 
    set forth in Subpart W, must be complied with before the Department 
    will accept authorized electronic filings as official tariffs.
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        \2\ The proposed amendment to section 221.251, as drafted, did 
    not encompass the filing of cargo rates and rules tariffs. By a 
    final rule issued November 30, 1995, the Department exempted all 
    carriers from the statutory and regulatory duty to file 
    international property (cargo) tariffs with the Department, and the 
    carriers ceased filing all cargo rates and rules tariffs on that 
    date (60 FR 61472).
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        The Department also proposed to amend section 221.283 of subpart W 
    to add certain minimum tariff format requirements to provide a basic 
    working framework for the processing of tariff rules, which differ from 
    fare filings in many technical respects. The existing format 
    requirements set forth in section 221.283(b)(8), developed largely for 
    the processing of fares and associated data, would not be changed but 
    would be described as specifically applicable to the filing of fares. 
    The new format requirements for the filing of rules would be set forth 
    in a new section 221.283(b)(9).3 The provisions would not 
    necessarily have to be presented in the same order as listed in 
    proposed section 221.283(b)(9), but each rule would have to include at 
    least all of the listed provisions.4 Consequential amendments 
    would be made to provisions regarding maintenance of historical data 
    (paragraph (c) of section 221.283, and section 221.260(b)(7)).
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        \3\ The NPRM also noted that most individual format issues have 
    been and will continue to be resolved through consultations between 
    the Department and individual filing agents, as provided in section 
    221.260(b)(1) of the current regulations. However, the Department 
    recognizes that there may be a need to propose further amendments to 
    Part 221 to deal comprehensively with general format and procedural 
    issues, as well as with the question of the appropriate filing fees 
    to be charged in the future, as soon as more data and experience are 
    available.
        \4\ We would consider each provision of an electronic tariff 
    rule to be a ``record'' for purposes of assessing filing fees under 
    14 CFR sections 389.20(b) and 389.25(b).
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        Three format issues were raised for comment in the NPRM. First, our 
    proposed format criteria did not address the filing format of so-called 
    ``general'' fare rules and ``unpublished fare'' rules. General fare 
    rules typically include provisions, applicable to all passengers, 
    relating to general conditions of carriage such as liability, baggage, 
    fare construction, and refunds. Unpublished fare rules typically 
    establish discounts for certain classes of traffic not limited to 
    specific markets, e.g., children and infants, agents, tour conductors, 
    emigrants and cargo attendants. Electronic formats for filing general 
    and unpublished fare rules are still under development by the industry.
        Second, we proposed not to accept ``Intentionally Left Blank'' as a 
    category entry in an electronic fare rule, nor would we accept the 
    complete omission of a rule category to serve as a default to a general 
    rule.5 These practices, which have been a source of confusion in 
    the paper filing environment, would become increasingly confusing in an 
    environment where the fare rules are filed electronically but the 
    general rules are still filed on paper. Where carriers wish to default 
    to a general rule for a particular condition, we proposed to require 
    that electronic rules contain a specific entry for each category in the 
    rule. The entry could be either a specific reference to the relevant 
    general rule or
    
    [[Page 18072]]
    
    specific conditions extracted from the general rule.
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        \5\ Under the Department's interpretation, where a particular 
    provision is intentionally left blank in a rule, no such provision 
    applies to the fare covered by the rule. For example, where the 
    ``group requirements'' section is left blank, it means there are no 
    group requirements.
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        Third, in the test electronic rules we have received thus far, 
    carriers have been including some extraneous material that is not 
    properly part of a tariff and of which we take no regulatory notice, 
    e.g., provisions concerning ticket and booking codes and annotations, 
    wait listing procedures, and reservation record requirements. We 
    recognize that carriers submit such material to their filing agents 
    along with associated fare and rule changes for non-regulatory 
    purposes, such as notifying computer reservations systems of the 
    carrier's technical procedures. However, this extraneous material is 
    not approved by the Department, and its inclusion in official 
    electronic rules would cause confusion. Therefore, our proposal 
    precluded inclusion of such material in official electronic tariff 
    filings.
    
    Comments
    
        We received comments on our proposal from Aer Lingus; Air France; 
    ATPCO; American Airlines, Inc.; British Airways, PLC; SITA; United Air 
    Lines, Inc.; and USAir, Inc.6 In general, all commenters support 
    the proposal in principle. Most, however, expressed reservations 
    concerning the formatting issues discussed in the NPRM. The formatting 
    drawing the most extensive comments from carriers and agents involves 
    the filing of ``extraneous material''. ATPCO also commented extensively 
    on issues relating to general rule defaults and formats.
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        \6\ The submissions of Aer Lingus and Air France were both 
    accompanied by motions to file comments out of time, which we will 
    grant.
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    Decision
    
        We have decided to adopt the rule substantially as proposed. 
    However, we will make certain changes regarding the formatting issues 
    in response to the comments.
    
    Discussion of Comments and Issues
    
    Scope of the Proposed Rule
    
        ATPCO requests that the Department take a broader, more flexible 
    approach that authorizes electronic filing of all tariff material, 
    subject only to DOT's approval of the filer's format, rather than the 
    narrow approach, limited to passenger fare rules, it believes has been 
    taken here. ATPCO contends that Departmental references to future Part 
    221 amendments, relating to general format and procedural issues and to 
    filing fees, suggest that the Department is contemplating future 
    massive changes to Part 221 which would substantially change 
    requirements governing electronic filing. APTCO has no objection if 
    these are references to future rulemaking proceedings to ``tie up loose 
    ends''. However, it does object if the Department is contemplating 
    sweeping changes to electronic filing rules in place. At a minimum, 
    ATPCO believes that the Department should explain its future plans for 
    adopting a comprehensive electronic tariff-filing rule.
        It appears that ATPCO has misunderstood the scope and intent of our 
    NPRM and believes that the proposed rule only authorizes the electronic 
    filing of passenger fare rules. In fact, proposed Part 221.251 (a) 
    states that ``[a]ny carrier * * * may file its international passenger 
    fare tariffs and international passenger rules tariffs electronically * 
    * *''. This includes passenger fare rules and general rules. While the 
    Department has indicated that additional changes in Part 221 may be 
    necessary to deal with general format and procedural issues, we have 
    resolved most individual format issues, in the past, through 
    consultations with individual filing agents, as provided in section 
    221.260(b)(1) of the current regulations, and fully expect to make use 
    of this process in the future. Thus ATPCO's general rule format, when 
    it is developed, could be reviewed and approved by the Department 
    independently of any future amendments to Part 221. The same process 
    could also apply to formats for the electronic filing of unpublished 
    fare rules and for routing tariffs.
    
    Intentionally Left Blank
    
        ATPCO also requested elimination of the proposed format criteria 
    under which the Department would not accept ``Intentionally Left 
    Blank'' as a category entry in an electronic fare rule, or the complete 
    omission of a rule category to serve as a default to a general rule. 
    While not objecting to the exclusion of ``Intentionally Left Blank'', 
    ATPCO is concerned about a required specific reference to the general 
    rule or conditions extracted from the general rule. It argues that this 
    would impose a greater regulatory burden than is now required for paper 
    filings where, in the absence of a provision in a fare rule, the 
    general rules tariff applies without the need to specify the general 
    rule. In addition, while ATPCO is presently developing a general rules 
    format which will provide a ``logical path'' from the fare rule to the 
    general rule, it maintains that this will not be operational until the 
    second half of 1996. This delay, it contends, should not prevent users 
    from reaping the benefits of the electronic filing of fare rules. 
    Otherwise, it would have to continue to file its rules on paper until 
    its general rules system is operational, or longer if the Department 
    requires another rulemaking proceeding.
        As noted in the NPRM, the use of ``Intentionally Left Blank'' can 
    be quite misleading, especially in an electronic filing environment. 
    This language can be interpreted in two quite different ways: it can be 
    perceived to mean that there are no provisions applicable for that rule 
    category, or it can be viewed as a default to provisions set forth in 
    the general rule. This kind of ambiguity is not acceptable in an 
    electronic filing environment. Clarity of tariff material has always 
    been a prime objective of the Department's tariff regulations, and we 
    affirm our proposal not to accept ``Intentionally Left Blank'' in 
    electronic rules. We are, however, mindful of ATPCO's statement that it 
    is developing a logical path from the fare rule to the general rule, 
    and, therefore, we will not adopt our proposal in the NPRM to require 
    that the fare rule contain either a specific reference to the 
    applicable portion of the general rule or an actual extract taken from 
    the general rule. We believe that any remaining issues related to the 
    exclusion of ``Intentionally Left Blank'' can be resolved in the 
    context of an application by ATPCO for approval of its specific 
    electronic rule filing formats.
    
    ``Extraneous Material''
    
        As noted, the formatting issue prompting the most extensive 
    comments from carriers and agents involves the filing of ``extraneous 
    material'', such as ticket and booking codes, wait list procedures and 
    reservations requirements. In general, ATPCO and the U.S. carriers 
    argue that this information is vital not only to carrier CRS's, but 
    also to travel agents and the public, since it is essential for the 
    proper handling of passenger reservations. ATPCO maintains that its 
    existing, unified filing system is designed to present this information 
    to all users in the most cost effective, efficient and flexible way. 
    However, were the requirement regarding non-filing of extraneous 
    material adopted, the respondents contend that ATPCO would have to 
    either undertake an expensive and time consuming creation of a separate 
    data base for the Department, or would have to continue to file carrier 
    fare rules on paper. ATPCO estimates that ``extraneous information'' 
    constitutes no more than ten percent of the fare rule information, and 
    believes that filing it on a ``for information purposes only'' basis 
    would not unduly burden DOT.
    
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        In addition, SITA, supported by British Airways and Air France, 
    asserts that the Department should accept ticket codes and annotations, 
    wait listing procedures and reservations record requirements as proper 
    material for filing in official electronic tariffs. They contend that 
    this material is part of the conditions imposed by the carriers on a 
    passenger's use of a fare and, therefore, should be part of the 
    official filed tariff. This viewpoint, they argue, is supported by two 
    of the new format requirements proposed in the NPRM which would require 
    carriers to include specific material relating to reservations/
    ticketing and capacity control in their official tariff filings.
        Upon consideration of the comments, we have decided not to preclude 
    inclusion of such material in official electronic tariff filings at 
    this time, provided that it is sufficiently identified as unofficial 
    and non-binding. As a threshold matter, we are not persuaded by SITA 
    and the two foreign carriers that this material should be filed for 
    approval in official tariffs. While these codes, procedures and other 
    provisions may have certain informational value for agents and other 
    carriers, they are not needed by the Department to evaluate proper 
    tariff material or otherwise perform its regulatory duties, and they 
    are not, nor have they ever been, reviewed for legal sufficiency or 
    approved in amy manner under our statute. Moreover, we believe that the 
    presence of such unofficial material in official filings could 
    potentially mislead passengers, courts or other carriers into the 
    assumption that it has the binding legal effect normally accorded to 
    official tariff material. At the same time, however, we are persuaded 
    that requiring the immediate exclusion of such material would create an 
    implementation burden and impose additional programming costs on 
    carriers and filing agents. While, in the long run, we expect that all 
    filers will review their software formats and procedures to minimize 
    the amount of extraneous material appearing in official electronic 
    filings with the Department, material of the nature may accompany 
    tariffs provided that it is clearly identified as ``for information 
    only; not part of official tariff'' in a manner acceptable to the 
    Department.7 Should confusion persist that such material may be 
    binding on carriers and passengers as a matter of statute, we may have 
    to take further action to alleviate the problem.
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        \7\ The determination of whether certain fare rule elements are 
    extraneous and not proper tariff material can be complex. Therefore, 
    we reserve the right to determine whether material filed ``for 
    information only; not part of official tariff'' is proper tariff 
    material or not, and to take appropriate regulatory action should we 
    decide that it is.
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        We wish to reiterate that the amendments proposed leave in place 
    the procedural and technical requirements of Subpart W, which each 
    electronic filer must satisfy before official electronic rule filings 
    can be accepted. In addition to those listed in section 221.260, for 
    example, are provisions such as those in section 221.500 regarding the 
    submission of machine-readable copies of records existing when 
    electronic filing is implemented, and the cancellation of records from 
    the paper tariff. As noted above, section 221.260 includes the 
    requirement that the Department approve the precise format used by each 
    electronic filer before official filings can be made. This is normally 
    done by letter once a period of successful test filings has been 
    accomplished and the Department is satisfied that the filing system 
    meets regulatory needs. However, Subpart W also imposes continuing 
    performance requirements, violations of which could lead to enforcement 
    action or even withdrawal of electronic filing privileges.
        Finally, we would note that the success of electronic rules filing 
    will depend on scrupulous adherence to the Department's regulatory 
    requirements by both carriers and their filing agents. The Department's 
    staff will be closely monitoring performance in this regard, and will 
    work with parties to ensure the utility and integrity of the electronic 
    tariff system.
        We find good cause to make this rule effective upon publication 
    because it allows an alternative means of compliance and relieves 
    current restrictions.
    
    Regulatory Analyses and Notices
    
    Executive Order 12866 and DOT Regulatory Policies and Procedures
    
        The Office of Management and Budget has determined that this rule 
    is not a significant regulatory action under Executive Order 12866 and, 
    therefore, not subject to OMB review. The Department has determined 
    that the rule is not significant under the Department's Regulatory 
    Policies and Procedures (44 CFR 11034; Feb. 26, 1979). The rule reduces 
    the paperwork burden for all U.S. and foreign air carriers now filing 
    their passenger rules tariffs on paper. The Department expects the 
    economic impact of the rule, however, to be modest. The rule will not 
    result in any required additional costs to the carriers or the public. 
    It will simply provide an alternative method of meeting the statutory 
    tariff-filing requirements. The estimated savings are discussed below.
    
    Executive Order 12612
    
        This rule has been analyzed in accordance with the principles and 
    criteria contained in Executive Order 12612 (``Federalism''), and the 
    Department has determined the rule does not have sufficient federalism 
    implications to warrant the preparation of a Federalism Assessment.
    
    Regulatory Flexibility Act
    
        I certify that this rule will not have a significant economic 
    impact on a substantial number of small entities. The tariff filing 
    requirements apply to scheduled service air carriers. The vast majority 
    of the air carriers filing international (``foreign'') passenger rules 
    tariffs are large operators with revenues in excess of several million 
    dollars each year. Small air carriers operating aircraft with 60 seats 
    or less and 18,000 pounds payload or less that offer on-demand air-taxi 
    service are not required to file such tariffs.
    
    Paperwork Reduction Act
    
        With respect to the Paperwork Reduction Act, this rule would 
    replace two paper filings for most rules with a single electronic 
    filing. Thus, while this rule will significantly reduce the paperwork 
    burden on government and industry, it does not eliminate information 
    collection requirements that require the approval of the Office of 
    Management and Budget pursuant to the Act.
        The Department estimates that filing of passenger tariff rule pages 
    in paper format will be reduced by about ninety percent, with the 
    remaining ten percent continuing to be filed in paper form. A total of 
    about 42,000 passenger tariff rule pages and about 6,400 Passenger 
    Special Tariff Permission Applications (STPA's) were filed in 1994. At 
    a filing fee of $2 a rule page and $12 a passenger STPA, we estimate 
    the carriers could save as much as $145,000 annually in filing fees 
    paid to the Department. In addition, ATPCO charges the carriers $35.00 
    for each filed tariff page and up to $30.00 for each STPA. On this 
    basis, we estimate that the rule could save the carriers an additional 
    $1,500,000 in associated fees paid to ATPCO, producing potential total 
    savings to the carriers in excess of $1,600,000.
        While not estimated, we expect that costs of governmental review, 
    filing and archiving of paper tariff rule filings will be similarly 
    reduced.
        The reduction in reporting and recordkeeping requirements 
    associated with this rule are being submitted to
    
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    OMB for approval in accordance with 44 U.S.C. chapter 35 under OMB NO. 
    2137-AC23; Administration: Department of Transportation; TITLE: 
    Electronic Filing of Passenger Service Rules Tariffs; NEED FOR 
    INFORMATION: Authorizes the electronic filing of rules governing the 
    provision of passenger services; PROPOSED USE OF INFORMATION: 
    Authorization is based on the request of tariff publishing agents to 
    extend the efficiencies of electronic data transmission and processing 
    to the filing of rules tariffs; FREQUENCY: An initial passenger tariff 
    rule filing is required of each respondent; changes are voluntary, 
    whenever an air carrier elects; ESTIMATED TOTAL ANNUAL BURDEN UNDER NEW 
    RULE: 1,312,480 hours; RESPONDENTS: 230; FORM(S) 26,681 electronic 
    filings, pages or applications per annum; AVERAGE BURDEN HOURS PER 
    RESPONDENT: 5706 hours.
        For further information on paperwork reduction contact: The 
    Information Requirements Division, M-34, Office of the Secretary of 
    Transportation, 400 Seventh Street, S.W., Washington, D.C. 20590, (202) 
    366-4735 or DOT Desk Officer, Office of Management and Budget, New 
    Executive Office Building, Room 3228, Washington, D.C. 20503.
    
    Regulation Identifier Number
    
        A regulation identifier number (RIN) is assigned to each regulatory 
    action listed in the Unified Agenda of Federal Regulations. The 
    Regulatory Information Service Center publishes the Unified Agenda in 
    April and October of each year. The RIN number contained in the heading 
    of this document can be used to cross reference this action with the 
    Unified Agenda.
    
    List of Subjects in 14 CFR Part 221
    
        Air rates and fares, Agents, Reporting and recordkeeping 
    requirements.
    
        For the reasons set forth herein, and under authority delegated in 
    49 CFR 1.56(j)(2)(ii), the Department of Transportation amends 14 CFR 
    Part 221 as follows:
    
    PART 221--TARIFFS
    
    Subpart W--Electronically Filed Tariffs
    
        1. The authority citation for Part 221 continues to read as 
    follows:
    
        Authority: 49 USC 40101, 40109, 40113, 46101, 46102, Chapter 
    411, Chapter 413, Chapter 415, and Subchapter I of Chapter 417.
    
        2. Section 221.251 is amended by revising paragraph (a) to read as 
    follows:
    
    
    Sec. 221.251  Applicability of the subpart.
    
        (a) Any carrier, consistent with the provisions of this subpart, 
    and part 221 generally, may file its international passenger fares 
    tariffs and international passenger rules tariffs electronically in 
    machine-readable form as an alternative to the filing of printed paper 
    tariffs as provided for elsewhere in Part 221. This subpart applies to 
    all carriers and tariff publishing agents and may be used by either if 
    the carrier or agent complies with the provisions of subpart W. Any 
    carrier or agent that files electronically under this subpart must 
    transmit to the Department the remainder of the tariff, as applicable, 
    in a form consistent with this Part 221, subparts A through V, on the 
    same day that the electronic tariff would be deemed received under 
    Sec. 221.270(b).
    * * * * *
        3. Paragraph (b)(7) of section 221.260, is revised to read as 
    follows:
    
    
    Sec. 221.260  Requirements for filing.
    
    * * * * *
        (b) * * *
        (7) The filer shall maintain all fares and rules with the 
    Department and all Departmental approvals, disapprovals and other 
    actions, as well as all Departmental notations concerning such 
    approvals, disapprovals or other actions, in the on-line tariff 
    database for a period of two (2) years after the fare or rule becomes 
    inactive. After this period of time, the carrier or agent shall provide 
    the Department, free of charge, with a copy of the inactive date on a 
    machine-readable tape or other mutually acceptable electronic medium.
    * * * * *
        4. Section 221.283 is amended by revising the introductory text of 
    paragraph (b)(8) and by adding new paragraphs (b)(9) and (b)(10) to 
    read as follows:
    
    
    Sec. 221.283  The filing of tariffs and amendments to tariffs.
    
    * * * * *
        (b) * * *
        (8) Fares tariff, or proposed changes to the fares tariffs, 
    including: * * *
        (9) Rules tariff, or proposed changes to the rules tariffs.
        (i) Rules tariffs shall include:
        (A) Title: General description of fare rule type and geographic 
    area under the rule;
        (B) Application: Specific description of fare class, geographic 
    area, type of transportation (one way, round-trip, etc.);
        (C) Period of Validity: Specific description of permissible travel 
    dates and any restrictions on when travel is not permitted;
        (D) Reservations/ticketing: Specific description of reservation and 
    ticketing provisions, including any advance reservation/ticketing 
    requirements, provisions for payment (including prepaid tickets), and 
    charges for any changes;
        (E) Capacity Control: Specific description of any limitation on the 
    number of passengers, available seats, or tickets;
        (F) Combinations: Specific description of permitted/restricted fare 
    combinations;
        (G) Length of Stay: Specific description of minimum/maximum number 
    of days before the passenger may/must begin return travel;
        (H) Stopovers: Specific description of permissible conditions, 
    restrictions, or charges on stopovers;
        (I) Routing: specific description of routing provisions, including 
    transfer provisions, whether on-line or inter-line;
        (J) Discounts: Specific description of any limitations, special 
    conditions, and discounts on status fares, e.g. children or infants, 
    senior citizens, tour conductors, or travel agents, and any other 
    discounts;
        (K) Cancellation and Refunds: Specific description of any special 
    conditions, charges, or credits due for cancellation or changes to 
    reservations, or for request for refund of purchased tickets;
        (L) Group Requirements: Specific description of group size, travel 
    conditions, group eligibility, and documentation;
        (M) Tour Requirements: Specific description of tour requirements, 
    including minimum price, and any stay or accommodation provisions;
        (N) Sales Restrictions: Specific description of any restrictions on 
    the sale of tickets;
        (O) Rerouting: Specific description of rerouting provisions, 
    whether on-line or inter-line, including any applicable charges; and
        (P) Miscellaneous provisions: Any other applicable conditions.
        (ii) Rules tariffs shall not contain the phrase ``intentionally 
    left blank''.
        (10) Any material accepted by the Department for informational 
    purposes only shall be clearly identified as ``for information only, 
    not part of official tariff'', in a manner acceptable to the 
    Department.
        5. Paragraph (c) of Sec. 221.283 is amended by redesignating 
    existing paragraphs (c) (8) through (15) as paragraphs (c) (9) through 
    (16), respectively, and by adding a new paragraph (c)(8) to read as 
    follows:
    
    [[Page 18075]]
    
    Sec. 221.283  The filing of tariffs and amendments to tariffs.
    
    * * * * *
        (c) * * *
        (8) Rule text.
    * * * * *
        Issued in Washington DC, on this 15th day of April, 1996.
    Charles A. Hunnicutt,
    Assistant Secretary for Aviation and International Affairs.
    [FR Doc. 96-9960 Filed 4-23-96; 8:45 am]
    BILLING CODE 4910-62-P
    
    

Document Information

Effective Date:
4/24/1996
Published:
04/24/1996
Department:
Transportation Department
Entry Type:
Rule
Action:
Final rule.
Document Number:
96-9960
Dates:
This regulation is effective on April 24, 1996.
Pages:
18070-18075 (6 pages)
Docket Numbers:
Docket No. 50355, Notice No. 12
RINs:
2105-AC23: Electronic Filing of International Air Passenger Service Rules
RIN Links:
https://www.federalregister.gov/regulations/2105-AC23/electronic-filing-of-international-air-passenger-service-rules
PDF File:
96-9960.pdf
CFR: (4)
49 CFR 221.270(b)
49 CFR 221.251
49 CFR 221.260
49 CFR 221.283