[Federal Register Volume 67, Number 156 (Tuesday, August 13, 2002)]
[Notices]
[Page 52770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20441]



[[Page 52770]]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary


Review under 49 U.S.C. 41720 of United/US Airways Agreements

AGENCY: Office of the Secretary, Department of Transportation.

ACTION: Notice on Comment Procedures.

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SUMMARY: The Department is giving interested persons an opportunity to 
submit comments by August 15, 2002, on agreements filed by United Air 
Lines and US Airways for Department review under 49 U.S.C. 41720. 67 FR 
50745 (August 5, 2002). The Department wishes to provide additional 
information on its planned comment procedures.

DATES: All comments are due August 15, 2002.

FOR FURTHER INFORMATION CONTACT: Thomas Ray, Office of the General 
Counsel, 400 Seventh St. SW., Washington, DC 20590, (202) 366-4731.

SUPPLEMENTARY INFORMATION: On July 25 United and US Airways submitted 
code-share and frequent flyer program reciprocity agreements for review 
under 49 U.S.C. 41720. We have invited interested persons to submit 
comments on the agreements. 67 FR 50745 (August 5, 2002). In response 
to the questions asked by some interested persons about the applicable 
procedures, we are issuing this notice to provide additional 
information on our treatment of the documents and on the agreement 
review process.
    As we stated in our notice inviting comments, the statute, 49 
U.S.C. 41720, requires certain types of agreements between major U.S. 
airlines to be submitted to the Department at least thirty days before 
they can be implemented. By publishing a notice in the Federal 
Register, we may extend the waiting period by 150 days with respect to 
a code-sharing agreement and by sixty days for the other types of 
agreements covered by the advance-filing requirement. Since the parties 
to such an agreement do not require our prior approval, they may 
implement their agreement at the end of the waiting period (either the 
thirty-day period or any extended period implemented by us). Blocking 
them from implementing their agreements would normally require a 
determination by us under 49 U.S.C. 41712 (formerly section 411 of the 
Federal Aviation Act) that the agreements' implementation would be an 
unfair or deceptive practice or unfair method of competition that would 
violate that section. Formal enforcement proceedings would be necessary 
to make such a determination.
    When we have reviewed other agreements under 49 U.S.C. 41720, we 
have done so informally and have not invited public comment. However, 
due to the public interest in the agreements between United and US 
Airways, we decided to give interested persons an opportunity to submit 
comments as part of our informal review. All comments are due by August 
15.
    We have made the redacted copies of the agreements between United 
and US Airways available for reading and copying in room PL-401 of the 
Nassif Building, located at 400 7th St. SW., Washington, DC. We plan to 
make the comments public as well, although this is not a docketed 
matter, except to the extent that commenters request confidential 
treatment under our rules, 14 CFR 302.12. Commenters need not serve 
their comments on anyone else. While we are allowing public access to 
the comments, we are not requesting reply comments. We plan to use the 
comments and other information in our possession to determine whether 
the waiting periods should be extended and whether we should institute 
a formal proceeding to investigate whether the implementation of the 
United/US Airways agreements would constitute an unfair or deceptive 
practice or unfair method of competition that would violate 49 U.S.C. 
41712.

    Issued in Washington, DC on August 8, 2002.
Read C. Van de Water,
Assistant Secretary for Aviation and International Affairs.
[FR Doc. 02-20441 Filed 8-12-02; 8:45 am]
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