[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]
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