Enhancing Airline Passenger Protections, 11843-11844 [08-969]
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Federal Register / Vol. 73, No. 44 / Wednesday, March 5, 2008 / Proposed Rules
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Parts 234, 253, 259, and 399
[Docket No. DOT–OST–2007–0022]
RIN No. 2105–AD72
Enhancing Airline Passenger
Protections
Office of the Secretary (OST),
Department of Transportation (DOT).
ACTION: Clarification Concerning
Advance Notice of Proposed
Rulemaking (ANPRM).
yshivers on PROD1PC62 with PROPOSALS
AGENCY:
SUMMARY: On November 20, 2007, the
Department of Transportation (DOT or
Department) published an Advance
Notice of Proposed Rulemaking
(ANPRM), 72 FR 65233 seeking
comments on whether the Department
should adopt a rule to enhance airline
passenger protections in the following
ways: Require carriers to adopt
contingency plans for lengthy tarmac
delays and incorporate them in their
contracts of carriage, require carriers to
respond to consumer problems, deem
operating a chronically delayed flight to
be unfair and deceptive, require carriers
to publish delay data, require carriers to
publish complaint data, require on-time
performance reporting for international
flights, and require carriers to audit
their compliance with their customer
service plans.
In a section of the ANPRM entitled
‘‘Regulatory Notices’’ the Department
addressed a number of general
regulatory issues as they relate to the
ANPRM, including DOT Regulatory
Policies and Procedures, Federalism, the
Regulatory Flexibility Act and the
Paperwork Reduction Act. In its
discussion of Executive Order 13132
(‘‘Federalism’’), which sets forth certain
requirements for Federal agencies when
they are ‘‘taking action that preempts
State law,’’ the ANPRM concluded that
it ‘‘does not propose any regulation that
* * * preempts State law.’’ Based upon
comments DOT has received, and upon
its own further review, the Department
has determined that this statement has
been misconstrued in the overall
context of the proposed DOT regulation
and its impact upon State law. This
notice clarifies the Department’s prior
statement concerning preemption in this
area.
DATES: Comments on the ANPRM were
due to be filed on or before January 22,
2008. The Department is currently
reviewing comments that it has
received. The Department will further
address this issue in any Notice of
VerDate Aug<31>2005
14:23 Mar 04, 2008
Jkt 214001
Proposed Rulemaking subsequently
issued by the Department in this docket.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov or to the street
address listed above. Follow the online
instructions for accessing the docket.
FOR FURTHER INFORMATION CONTACT:
Betsy L. Wolf or Blane A. Workie, 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, 202–366–7152
(fax), betsy.wolf@dot.gov or
blane.workie@dot.gov (e-mail).
SUPPLEMENTARY INFORMATION: The
Department’s ANPRM sought comment
on a variety of DOT proposals,
including:
(1) Amending 14 CFR part 253 to
require any certificated or commuter air
carrier that operates domestic scheduled
passenger service using any aircraft with
more than 30 passenger seats to develop
a contingency plan for long ground
delays on the tarmac for all of its flights
(including those that use aircraft with
30 or fewer seats) and to incorporate
this plan in its contract of carriage;
(2) Adopting a new regulation, 14 CFR
Part 259, that among other things would
require every certificated and commuter
carrier that operates domestic scheduled
passenger service using any aircraft with
more than 30 passenger seats to respond
to mounting consumer problems in a
number of specific ways;
(3) Amending 14 CFR 399.81 so that
it sets forth the Department’s
enforcement posture on chronically
delayed flights;
(4) Amending 14 CFR 234.11 to
require airlines that report on-time
performance to the Department
pursuant to 14 CFR part 234 (i.e.,
certificated U.S. carriers that account for
at least 1% of the domestic scheduled
passenger revenue) and online
reservation services to include on their
Web sites, at a point before the
passenger selects a flight for purchase,
specific information for each listed
flight about its performance during the
previous month;
(5) Adopting a new regulation, 14 CFR
Part 259, that would also require
certificated and commuter carriers that
operate domestic scheduled passenger
service using any aircraft with more
than 30 passenger seats to publish
complaint data on their Web sites;
(6) Amending 14 CFR 234.4 and
234.11 to require carriers that report ontime performance to the Department
pursuant to 14 CFR Part 234 (i.e.,
certificated U.S. carriers that account for
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
11843
at least 1% of the domestic scheduled
passenger revenue) and the largest
foreign carriers to report on-time
performance for international flights to
and from the United States; and
(7) Adopting a new regulation that
would require certificated and
commuter carriers that operate domestic
scheduled passenger service using any
aircraft with more than 30 passenger
seats to audit their adherence to their
own customer service plans.
Detailed discussions concerning each
of these proposals are set forth in the
November 20, 2007 ANPRM.
In the ‘‘Regulatory Notices’’ section of
the ANPRM the Department addressed a
number of regulatory issues. Matters
relating to Executive Order 13132 were
addressed as follows:
This Advance Notice of Proposed
Rulemaking has been analyzed in accordance
with the principles and criteria contained in
Executive Order 13132 (‘‘Federalism’’). This
notice does not propose any regulation that
(1) has substantial direct effects on the States,
the relationship between the national
government and the States, or the
distribution of power and responsibilities
among the various levels of government, (2)
imposes substantial direct compliance costs
on State and local governments, or (3)
preempts State law. Therefore, the
consultation and funding requirements of
Executive Order 13132 do not apply.
72 FR 65236 (emphasis supplied). After
further review, including initial review
of comments submitted to the
Department in response to the ANPRM,
the Department has concluded that our
prior statement addressing preemption
of State regulations concerning air
carrier operations has been
misconstrued.
Executive Order 13132 sets forth
certain requirements for Federal
agencies when they are ‘‘taking action
that preempts State law.’’ Promulgation
of a Final Rule incorporating the
Department’s proposals on enhancing
airline passenger protections as set forth
in the ANPRM, or other proposals
addressing the matters giving rise to the
ANPRM, would not ‘‘tak[e] action that
preempts State law’’ because such State
or local laws are already preempted
under the Airline Deregulation Act
(ADA), which provides at 49 U.S.C.
41713(b)(4)(A), that ‘‘a State, political
subdivision of a State, or political
authority of 2 or more States may not
enact or enforce a law, regulation, or
other provision having the force and
effect of law related to a price, route, or
service of an air carrier.’’ The Supreme
Court has consistently interpreted the
ADA broadly so as to preclude any
regulation of airline services other than
by the Federal government. See Morales
E:\FR\FM\05MRP1.SGM
05MRP1
11844
Federal Register / Vol. 73, No. 44 / Wednesday, March 5, 2008 / Proposed Rules
v. Trans World Airlines, Inc., 504 U.S.
374, 378 (1992); American Airlines, Inc.
v. Wolens, 5113 U.S. 219 (1995). This
broad view has most recently been reaffirmed in Rowe v. New Hampshire
Motor Transport Assoc., lS. Ct. l,
2008 WL 440686, U.S., February 20,
2008 (No. 06–457).
For the foregoing reason, any State or
local rules addressing, or related to, the
services offered by air carriers are
already preempted under the ADA. In
addition, if the proposed rule addressed
in the ANPRM is finalized, it is likely
that the final rule would also separately
preempt any such State or local
regulations under other provisions of
law. We need not further address any
other grounds for preemption,
particularly at the ANPRM stage, since,
as explained above, States and localities
are already precluded from regulating in
this area.
Issued this 3rd day of March, 2008, at
Washington, DC.
Michael W. Reynolds,
Acting Assistant Secretary for Aviation and
International Affairs.
[FR Doc. 08–969 Filed 3–3–08; 11:13 pm]
BILLING CODE 4910–9X–P
FEDERAL TRADE COMMISSION
16 CFR Ch. I
Notice of Intent to Request Public
Comments
AGENCY:
Federal Trade Commission.
Notice of intent to request
public comments.
ACTION:
SUMMARY: As part of its ongoing
systematic review of all Federal Trade
Commission rules and guides, the
Commission gives notice that, during
2008, it intends to request public
comments on the rules and guide listed
below. The Commission will request
comments on, among other things, the
economic impact of, and the continuing
need for, the rules and guide; possible
conflict between the rules and guide
and state, local, or other federal laws or
regulations; and the effect on the rules
and guide of any technological,
economic, or other industry changes. No
Commission determination on the need
for, or the substance of, the rules and
guide should be inferred from the notice
of intent to publish requests for
comments. In addition, the Commission
announces a revised 10-year regulatory
review schedule.
FOR FURTHER INFORMATION CONTACT:
Further details may be obtained from
the contact person listed for the
particular rule or guide.
SUPPLEMENTARY INFORMATION: The
Commission intends to initiate a review
of and solicit public comments on the
following rules and guide during 2008:
(1) Guides for the Use of
Environmental Marketing Claims, 16
CFR 260. Agency Contact: Janice Podoll
Frankle, (202) 326-3022, Federal Trade
Commission, Bureau of Consumer
Protection, Division of Enforcement, 600
Pennsylvania Ave., NW, Washington,
DC 20580.
(2) Rule Concerning Cooling-Off
Period for Sales Made at Homes or at
Certain Other Locations, 16 CFR 429.
Agency Contact: Barbara Bolton, (404)
656-1362, Federal Trade Commission,
Southeast Region, 225 Peachtree Street,
NE, Suite 1500, Atlanta, GA 30303.
(3) Power Output Claims for
Amplifiers Utilized in Home
Entertainment Products, 16 CFR 432.
Agency Contact: Jock Chung, (202) 3262984, Federal Trade Commission,
Bureau of Consumer Protection,
Division of Enforcement, 600
Pennsylvania Ave., NW, Washington,
DC 20580.
As part of its ongoing program to
review all current Commission rules
and guides, the Commission also has
tentatively scheduled reviews of
additional rules and guides for 2009
through 2018. A copy of this tentative
schedule is appended. The Commission,
in its discretion, may modify or reorder
the schedule in the future to incorporate
new rules, or to respond to external
factors (such as changes in the law) or
other considerations.
Authority: 15 U.S.C. 41-58.
By direction of the Commission.
Donald S. Clark,
Secretary.
APPENDIX
REGULATORY REVIEW
MODIFIED TEN-YEAR SCHEDULE
yshivers on PROD1PC62 with PROPOSALS
16 CFR PART
TOPIC
YEAR TO
REVIEW
254
300
301
303
306
425
500
501
502
503
424
444
239
433
700
701
702
703
14
23
423
20
233
238
Guides for Private Vocational and Distance Education Schools ..............................................................................
Rules and Regulations under the Wool Products Labeling Act ...............................................................................
Rules and Regulations under the Fur Products Labeling Act ..................................................................................
Rules and Regulations under the Textile Fiber Products Identification Act .............................................................
Automotive Fuel Ratings, Certification and Posting Rule .........................................................................................
Rule Concerning the Use of Negative Option Plans ................................................................................................
Regulations Under Section 4 of the Fair Packaging and Labeling Act (FPLA) .......................................................
Exemptions from Part 500 of the FPLA ....................................................................................................................
Regulations Under Section 5(C) of the FPLA ..........................................................................................................
Statements of General Policy or Interpretations Under the FPLA ...........................................................................
Retail Food Store Advertising and Marketing Practices Rule ..................................................................................
Credit Practices Rule ................................................................................................................................................
Guides for the Advertising of Warranties and Guarantees ......................................................................................
Preservation of Consumers’ Claims and Defenses Rule .........................................................................................
Interpretations of Magnuson-Moss Warranty Act .....................................................................................................
Disclosure of Written Consumer Product Warranty Terms and Conditions .............................................................
Pre-sale Availability of Written Warranty Terms .......................................................................................................
Informal Dispute Settlement Procedures ..................................................................................................................
Administrative Interpretations, General Policy Statements, and Enforcement Policy Statements ..........................
Guides for the Jewelry, Precious Metals, and Pewter Industries .............................................................................
Care Labeling Rule ...................................................................................................................................................
Guides for the Rebuilt, Reconditioned and Other Used Automobile Parts Industry ................................................
Guides Against Deceptive Pricing ............................................................................................................................
Guides Against Bait Advertising ...............................................................................................................................
2009
2009
2009
2009
2009
2009
2010
2010
2010
2010
2010
2010
2010
2010
2010
2010
2010
2010
2011
2011
2011
2012
2012
2012
VerDate Aug<31>2005
14:23 Mar 04, 2008
Jkt 214001
PO 00000
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Fmt 4702
Sfmt 4702
E:\FR\FM\05MRP1.SGM
05MRP1
]]>Agencies
[Federal Register Volume 73, Number 44 (Wednesday, March 5, 2008)]
[Proposed Rules]
[Pages 11843-11844]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-969]
[[Page 11843]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Parts 234, 253, 259, and 399
[Docket No. DOT-OST-2007-0022]
RIN No. 2105-AD72
Enhancing Airline Passenger Protections
AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT).
ACTION: Clarification Concerning Advance Notice of Proposed Rulemaking
(ANPRM).
-----------------------------------------------------------------------
SUMMARY: On November 20, 2007, the Department of Transportation (DOT or
Department) published an Advance Notice of Proposed Rulemaking (ANPRM),
72 FR 65233 seeking comments on whether the Department should adopt a
rule to enhance airline passenger protections in the following ways:
Require carriers to adopt contingency plans for lengthy tarmac delays
and incorporate them in their contracts of carriage, require carriers
to respond to consumer problems, deem operating a chronically delayed
flight to be unfair and deceptive, require carriers to publish delay
data, require carriers to publish complaint data, require on-time
performance reporting for international flights, and require carriers
to audit their compliance with their customer service plans.
In a section of the ANPRM entitled ``Regulatory Notices'' the
Department addressed a number of general regulatory issues as they
relate to the ANPRM, including DOT Regulatory Policies and Procedures,
Federalism, the Regulatory Flexibility Act and the Paperwork Reduction
Act. In its discussion of Executive Order 13132 (``Federalism''), which
sets forth certain requirements for Federal agencies when they are
``taking action that preempts State law,'' the ANPRM concluded that it
``does not propose any regulation that * * * preempts State law.''
Based upon comments DOT has received, and upon its own further review,
the Department has determined that this statement has been misconstrued
in the overall context of the proposed DOT regulation and its impact
upon State law. This notice clarifies the Department's prior statement
concerning preemption in this area.
DATES: Comments on the ANPRM were due to be filed on or before January
22, 2008. The Department is currently reviewing comments that it has
received. The Department will further address this issue in any Notice
of Proposed Rulemaking subsequently issued by the Department in this
docket.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov or to the street
address listed above. Follow the online instructions for accessing the
docket.
FOR FURTHER INFORMATION CONTACT: Betsy L. Wolf or Blane A. Workie,
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, 202-366-7152 (fax),
betsy.wolf@dot.gov or blane.workie@dot.gov (e-mail).
SUPPLEMENTARY INFORMATION: The Department's ANPRM sought comment on a
variety of DOT proposals, including:
(1) Amending 14 CFR part 253 to require any certificated or
commuter air carrier that operates domestic scheduled passenger service
using any aircraft with more than 30 passenger seats to develop a
contingency plan for long ground delays on the tarmac for all of its
flights (including those that use aircraft with 30 or fewer seats) and
to incorporate this plan in its contract of carriage;
(2) Adopting a new regulation, 14 CFR Part 259, that among other
things would require every certificated and commuter carrier that
operates domestic scheduled passenger service using any aircraft with
more than 30 passenger seats to respond to mounting consumer problems
in a number of specific ways;
(3) Amending 14 CFR 399.81 so that it sets forth the Department's
enforcement posture on chronically delayed flights;
(4) Amending 14 CFR 234.11 to require airlines that report on-time
performance to the Department pursuant to 14 CFR part 234 (i.e.,
certificated U.S. carriers that account for at least 1% of the domestic
scheduled passenger revenue) and online reservation services to include
on their Web sites, at a point before the passenger selects a flight
for purchase, specific information for each listed flight about its
performance during the previous month;
(5) Adopting a new regulation, 14 CFR Part 259, that would also
require certificated and commuter carriers that operate domestic
scheduled passenger service using any aircraft with more than 30
passenger seats to publish complaint data on their Web sites;
(6) Amending 14 CFR 234.4 and 234.11 to require carriers that
report on-time performance to the Department pursuant to 14 CFR Part
234 (i.e., certificated U.S. carriers that account for at least 1% of
the domestic scheduled passenger revenue) and the largest foreign
carriers to report on-time performance for international flights to and
from the United States; and
(7) Adopting a new regulation that would require certificated and
commuter carriers that operate domestic scheduled passenger service
using any aircraft with more than 30 passenger seats to audit their
adherence to their own customer service plans.
Detailed discussions concerning each of these proposals are set
forth in the November 20, 2007 ANPRM.
In the ``Regulatory Notices'' section of the ANPRM the Department
addressed a number of regulatory issues. Matters relating to Executive
Order 13132 were addressed as follows:
This Advance Notice of Proposed Rulemaking has been analyzed in
accordance with the principles and criteria contained in Executive
Order 13132 (``Federalism''). This notice does not propose any
regulation that (1) has substantial direct effects on the States,
the relationship between the national government and the States, or
the distribution of power and responsibilities among the various
levels of government, (2) imposes substantial direct compliance
costs on State and local governments, or (3) preempts State law.
Therefore, the consultation and funding requirements of Executive
Order 13132 do not apply.
72 FR 65236 (emphasis supplied). After further review, including
initial review of comments submitted to the Department in response to
the ANPRM, the Department has concluded that our prior statement
addressing preemption of State regulations concerning air carrier
operations has been misconstrued.
Executive Order 13132 sets forth certain requirements for Federal
agencies when they are ``taking action that preempts State law.''
Promulgation of a Final Rule incorporating the Department's proposals
on enhancing airline passenger protections as set forth in the ANPRM,
or other proposals addressing the matters giving rise to the ANPRM,
would not ``tak[e] action that preempts State law'' because such State
or local laws are already preempted under the Airline Deregulation Act
(ADA), which provides at 49 U.S.C. 41713(b)(4)(A), that ``a State,
political subdivision of a State, or political authority of 2 or more
States may not enact or enforce a law, regulation, or other provision
having the force and effect of law related to a price, route, or
service of an air carrier.'' The Supreme Court has consistently
interpreted the ADA broadly so as to preclude any regulation of airline
services other than by the Federal government. See Morales
[[Page 11844]]
v. Trans World Airlines, Inc., 504 U.S. 374, 378 (1992); American
Airlines, Inc. v. Wolens, 5113 U.S. 219 (1995). This broad view has
most recently been re-affirmed in Rowe v. New Hampshire Motor Transport
Assoc., --S. Ct. --, 2008 WL 440686, U.S., February 20, 2008 (No. 06-
457).
For the foregoing reason, any State or local rules addressing, or
related to, the services offered by air carriers are already preempted
under the ADA. In addition, if the proposed rule addressed in the ANPRM
is finalized, it is likely that the final rule would also separately
preempt any such State or local regulations under other provisions of
law. We need not further address any other grounds for preemption,
particularly at the ANPRM stage, since, as explained above, States and
localities are already precluded from regulating in this area.
Issued this 3rd day of March, 2008, at Washington, DC.
Michael W. Reynolds,
Acting Assistant Secretary for Aviation and International Affairs.
[FR Doc. 08-969 Filed 3-3-08; 11:13 pm]
BILLING CODE 4910-9X-P
