[Federal Register Volume 60, Number 85 (Wednesday, May 3, 1995)]
[Notices]
[Pages 21845-21846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10909]



-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION
[Docket No. 50315]


Study of Gambling on Commercial Aircraft

AGENCY: Office of the Secretary, Department of Transportation.

ACTION: Notice of request for comments on study of gambling on 
commercial aircraft.

-----------------------------------------------------------------------

SUMMARY: This notice sets forth the elements of an ongoing study of 
gambling on commercial aircraft. This notice is being published to 
provide interested persons an opportunity to provide comments on 
specific questions important to the study.

DATES: Comments must be received no later than May 31, 1995.

ADDRESSES: Comments should be sent to the Docket Clerk, Docket 50315, 
Department of Transportation, 400 7th Street SW., Plaza 401, 
Washington, DC 20590. To facilitate consideration of the comments, we 
ask commenters to file eight copies of each comment. We encourage 
commenters who wish to do so also to submit comments to the Department 
through the Internet; our Internet address is 
[email protected].1 However, at this time the 
Department considers only the paper copies filed with the Docket Clerk 
to be the official comments. Comments will be available for inspection 
at this address from 9:00 a.m. to 5:00 p.m., Monday through Friday. 
Commenters who wish the Department to acknowledge the receipt of their 
comments should include a stamped, self-addressed postcard with their 
comments. The Docket Clerk will date-stamp the postcard and mail it 
back to the commenter.

    \1\Our X.400 e-mail address is S=dotdockets/OU1=qmail/O=hq/
p=gov+dot/a=attmail/c=us.
---------------------------------------------------------------------------

FOR FURTHER INFORMATION CONTACT: James H. New, II, Office of Planning 
and Special Projects, Office of the Secretary, U.S. Department of 
Transportation, 400 7th Street SW., Room 9215A, Washington, DC 20590, 
(202) 366-4868.

SUPPLEMENTARY INFORMATION: This study, which is mandated by 49 U.S.C. 
41311, requires the consideration of, among other things, the safety 
and competitive implications of gambling on commercial aircraft. Before 
this study is [[Page 21846]] completed, we will carefully consider any 
comments that are received.

Study of Gambling on Commercial Aircraft

Background

    Section 205 of the Federal Aviation Administration Authorization 
Act of 1994 (the ``Act''), P.L. No. 103-305 (August 23, 1994) added 
section 41311 to Title 49 of the U.S. Code. Under 49 U.S.C. 41311(a), 
``an air carrier or foreign air carrier may not install, transport, or 
operate, or permit the use of any gambling device on board an aircraft 
in foreign air transportation.'' Section 41311(a) was designed to 
clarify current statutory prohibitions and to ensure equal treatment of 
U.S.-flag air carriers with foreign flag carriers with regard to in-
flight gambling on commercial aircraft while the Department of 
Transportation studied the issue and recommended whether a different 
approach might be appropriate. Moreover, there was some concern that at 
some future time a different rule might be more appropriate. See 140 
Cong. Rec. S6664 (June 9, 1994).
    Pursuant to 49 U.S.C. 41311(b), the Secretary of Transportation is 
required to complete a study not later than one year (August 23, 1995) 
after the date of the enactment of the Federal Aviation Administration 
Authorization Act of 1994.
    The study must have three components outlined as follows:

    (1) the aviation safety effects of gambling applications on 
electronic interactive video systems installed on board aircraft for 
passenger use, including an evaluation of the effect of such systems 
on the navigational and other electronic equipment of the aircraft, 
on the passengers and crew of the aircraft and on issues relating to 
the method of payment;
    (2) the competitive implications of permitting foreign air 
carriers only, but not United States air carriers, to install, 
transport, and operate gambling applications on electronic 
interactive video systems on board aircraft in the foreign commerce 
of the United States on flights over international waters, or in 
fifth freedom city-pair markets; and
    (3) whether gambling should be allowed on international flights, 
including proposed legislation to effectuate any recommended changes 
in existing law.

    Within five days after completion of the study, the Secretary of 
Transportation must submit a report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives on 
the results of the study.
    Interested parties are invited to participate in this study of 
gambling on aircraft 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 reasonable responses to the congressional issues raised. 
Comments are specifically invited regarding:
    (a) Effects on safety of allowing gambling devices, including 
payment methods, to be installed and/or operated onboard aircraft 
including the effects on: (1) Navigational and other electronic 
equipment, and (2) passengers and crew. Regarding payment methods, at a 
minimum, the following issues are of particular interest--payments that 
require an air-to-surface interface, and whether payments/losses will 
interfere with passenger safety and duties of the crew.
    (b) Competitive effects of retaining, lifting, or modifying the 
current restrictions on U.S. carriers with respect to (1) foreign air 
transportation, (2) code-share arrangements, and (3) flights involving 
fifth freedom markets.
    (c) Whether gambling should be allowed in foreign air 
transportation by U.S. and/or foreign air carriers.

(Authority Citation: 49 U.S.C. 41311)

    Dated: April 27, 1995.
Patrick V. Murphy
Acting Assistant Secretary for Aviation and International Affairs, 
Department of Transportation.
[FR Doc. 95-10909 Filed 5-2-95; 8:45 am]
BILLING CODE 4910-62-P