[Federal Register Volume 64, Number 156 (Friday, August 13, 1999)]
[Proposed Rules]
[Page 44145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21028]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 93
[Docket No. 29624]
High Density Rule
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed interpretation; reopening of comment period.
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SUMMARY: On July 2, 1999, the FAA published a Notice of proposed
interpretation, which proposed to interpret the term ``operator'' as
interpreted in the extra section provision of the FAA's High Density
Rule to permit one airline code-share partner to operate an extra
section of a regularly scheduled flight of another code-share partner.
This notice announces the reopening of the comment period for an
additional 30 days.
DATES: Comments must be submitted on or before September 13, 1999.
ADDRESSES: Comments regarding the notice of interpretation should be
mailed, in triplicate, to Federal Aviation Administration, Office of
the Chief Counsel, Attention: Rules Docket (AGC-10), Docket No. 29624,
800 Independence Avenue, SW, Washington, DC 20591. Comments must be
marked Docket No. 29624. Comments may be examined in Room 915G weekdays
between 8:30 a.m. and 5 p.m., except on Federal holidays.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to comment on this action by
submitting such written data, views, or arguments, as they may desire.
Comments should identify the regulatory docket and should be submitted
in triplicate to the Rules Docket address specified above. Comments may
also be sent electronically to the Rules Docket by using the following
Internet address: [email protected] All comments received will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. Commenters wishing
the FAA to acknowledge receipt of their comments submitted in response
to this action must include a preaddressed, stamped postcard marked
``Comments to Docket 29624.'' The postcard will be date stamped and
mailed to the commenter.
Availability of this Notice
An electronic copy of this document may be downloaded, using a
modem and suitable communications software, from the FAA regulations
section of the Fedworld electronic bulletin board service (telephone:
(703) 321-3339) or the Federal Register's electronic bulletin board
service (telephone: (202) 512-1661). Internet users may reach the FAA's
web page at http://www.faa.gov/avr/arm/nprm/.htm or the Federal
Register 12s web page at http://www.access.gop.gov/su docs for access
to recently published rulemaking documents.
Background
On June 28, 1999, the FAA issued a notice proposing to interpret
the term ``operator'' as interpreted in the extra section provision of
the FAA's High Density Rule to permit one airline code-share partner to
operate an extra section of a regularly scheduled flight of another
code-share partner (64 FR 35963; July 2, 1999). The purpose of this
proposed interpretation is to recognize the development of code-share
arrangements in the aviation industry. The FAA issued this Notice with
a 10-day comment that closed on July 12, 1999.
In the Notice, the FAA did not adequately identify the
circumstances that prompted the proposed interpretation. This proposed
interpretation arose as a result of an April 1, 1999, letter from Delta
Air Lines, Inc. (Delta) requesting that the FAA confirm Delta's
interpretation of the extra section provision set forth in 14 CFR
93.123(b)(4). Specifically, Delta interpreted this provision to permit
code-share partners to operate an extra section of a scheduled flight
operated by a second code-share partner. A copy of Delta's letter has
been included in the docket for this matter.
In the past, the FAA has consistently interpreted the term operator
to be the air carrier operating the flight. However, after
consideration of Delta's proposal, the FAA believes that emerging use
of code-share arrangement in the aviation industry requires a
reevaluation of agency interpretation. As a result, the FAA issued the
Notice of proposed interpretation.
Additionally, several commenters were concerned with the short
comment period that was provided in the Notice. Therefore, in order to
provide full disclosure of the circumstances that gave rise to the
Notice, the FAA is reopening the comment period to ensure that all
interested parties have full knowledge of the basis for the proposed
interpretation and an opportunity to comment. Accordingly, the FAA is
reopening the comment period for this proposed interpretation for an
additional 30 days.
Issued in Washington, DC on August 9, 1999.
Nicholas G. Garaufis,
Chief Counsel.
[FR Doc. 99-21028 Filed 8-12-99; 8:45 am]
BILLING CODE 4910-13-M
