[Federal Register Volume 81, Number 246 (Thursday, December 22, 2016)]
[Notices]
[Pages 94021-94023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30830]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2016-0204]


Exploring Industry Practices on Distribution and Display of 
Airline Fare, Schedule, and Availability Information: Extension of 
Response Deadline for Request for Information

AGENCY: Office of the Secretary (OST), Department of Transportation 
(DOT).

ACTION: Request for Information (RFI), response to document and data 
request; clarification; and extension of response deadline.

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SUMMARY: DOT is extending the response period for the RFI regarding 
industry practices on the distribution and display of airline flight 
schedule, fare, and availability information. The Department is 
extending the period for persons to submit responses to the RFI from 
December 30, 2016, to March 31, 2017. This action also addresses a 
request for documents or data submitted to the Department in connection 
with issues addressed in the RFI. This request for documents will be 
processed pursuant to requirements under the Freedom of Information Act 
(FOIA). This notice also responds to a request for clarification of 
statements in the RFI.

DATES: Responses should be filed by March 31, 2017.

ADDRESSES: You may file responses identified by the docket number DOT-
OST-2016-0204 by any of the following methods:
     Federal eRulemaking Portal: go to http://www.regulations.gov and follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Ave. SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Ave. SE., between 9:00 a.m. and 5:00 p.m. ET, 
Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251
    Instructions: You must include the agency name and docket number 
DOT-OST-2016-0204 at the beginning of your submission. All submissions 
received will be posted without change to http://www.regulations.gov, 
including any personal information provided.
    Privacy Act: Anyone is able to search the electronic form of all 
submissions received in any of our dockets by the name of the 
individual submitting the document (or signing the submission, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's complete Privacy Act statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you may visit 
http://DocketsInfo.dot.gov.
    Docket: For access to the docket to read background documents and 
comments received, go to http://www.regulations.gov or to the street 
address listed above. Follow the online instructions for accessing the 
docket.

FOR FURTHER INFORMATION CONTACT: Kyle-Etienne Joseph, Trial Attorney, 
Office of the 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), [email protected] (email).

SUPPLEMENTARY INFORMATION:

DOT's Request for Information (RFI)

    On October 31, 2016, the Department of Transportation published a 
Request for Information (RFI) to obtain public input regarding industry 
practices on the distribution and display of airline flight schedule, 
fare, and availability

[[Page 94022]]

information. The Department's RFI requests information on whether 
airline restrictions on the distribution or display of airline flight 
information harm consumers and constitute an unfair and deceptive 
business practice and/or an unfair method of competition. The RFI also 
requests information on whether any entities are blocking access to 
critical resources needed for competitive entry into the air 
transportation industry. Finally, the RFI requests information on 
whether Department action is unnecessary or whether Department action 
in these areas would promote a more competitive air transportation 
marketplace or help ensure that consumers have access to the 
information needed to make informed air transportation choices. See 81 
FR 75481 (October 31, 2016). Responses on the matters discussed in the 
RFI were requested 60 days after publication in the Federal Register or 
by December 30, 2016.

A4A's Request for Extension of the Response Period on DOT's RFI

    On November 8, 2016, we received a request from A4A to extend the 
response date to the RFI to either 60 days after the Department 
provides additional information in the docket as requested by A4A, or 
until March 31, 2017. See DOT-OST-2016-0204-0003.
    On November 17, 2016, the Travel Technology Association (TTA) 
provided a response to the Department opposing A4A's requests. See DOT-
OST-2016-0204-0004. TTA asks the Department to deny A4A's request for 
an extension of 91 days but states that it would not object to an 
extension of the response time to January 13, 2017, noting that the 
December 30, 2016, response date is close to two major holidays.
    On November 23, 2016, A4A provided a response to TTA's letter 
opposing A4A's request for an extension. See DOT-OST-2016-0204-0012.
    On November 30, 2016, Delta Air Lines, Inc. (Delta) provided a 
letter to the Department in support of A4A's request to extend the 
response period. See DOT-OST-2016-0204-0249.
    On December 6, 2016, the Department received TTA's response to the 
November 23, 2016, A4A letter, and the November 30, 2016, Delta letter. 
See DOT-OST-2016-0204-0747.
    The Department has considered the requests of A4A, TTA, and Delta. 
In response to the requests for extension of the response period, we 
grant the extension to March 31, 2017.

A4A's Request for Clarification on DOT's RFI

    On November 8, 2016, we received a request from A4A to clarify 
certain statements and questions in the RFI. See DOT-OST-2016-0204-
0003. A4A states that it needs clarification regarding some of the 
questions posed in the RFI and that it is not sure how the Department 
is using certain terms. In response to A4A's request, the Department 
provides the following clarifications.
    A4A's first request for clarification is regarding terms that 
appear on 81 FR 75485. The RFI states on page 75485, center column, 
bottom paragraph, ``Some ticket agents assert that Web sites such as 
theirs can potentially better position new entrant airlines to compete 
with larger and more established airlines, especially considering 
recent airline consolidation.'' A4A states that the phrase ``better 
position new entrant airlines to compete'' implies that ticket agents 
can bias their displays in favor of new entrant airlines, which A4A 
states would be unfair and deceptive. We note that the Department 
recently issued a regulation that prohibits both ticket agents and 
carriers from biasing certain flight information displays based on 
carrier identity without disclosing such bias. See 81 FR 76800.
    As described in the RFI, the Department requests additional 
information to aid the Department in its analysis. The phrase 
identified by A4A, ``better position new entrant airlines to compete,'' 
repeats assertions made by some ticket agents and we are requesting 
input on this assertion. See 81 FR 75485.
    A4A's second clarification request relates to terms that appear on 
81 FR 75486 where the RFI asks on the first column, whether ``any 
entities are blocking access to critical resources needed for 
competitive entry into the air transportation industry.'' Specifically, 
A4A asks what do ``critical resources'' and ``competitive entry'' mean 
in this context. The RFI also discusses the terms ``critical 
resources'' on page 75482, bottom of second column, top of third 
column, as follows:

    On April 15, 2016, the White House issued Executive Order 13725: 
Steps to Increase Competition and Better Inform Consumers and 
Workers to Support Continued Growth of the American Economy (the 
``Executive Order''). The Executive Order expresses the importance 
of a fair, efficient, and competitive marketplace and notes that 
consumers need both competitive markets and information to make 
informed choices. The Department shares the goal of ensuring 
consumers are provided with information they need to make informed 
choices. In particular, as directed in the Executive Order, the DOT 
wants to identify any specific practices in connection with air 
transportation, such as blocking access to critical resources, that 
may impede informed consumer choice or unduly stifle new market 
entrants and determine whether the Department can potentially 
address those practices in appropriate instances. [emphasis added.]

    The Executive Order referenced above directs the Department to take 
action to promote competition, and specifically to act in connection 
with abuses such as blocking access to critical resources that are 
needed for competitive entry. [emphasis added.] The Department uses 
``critical resources'' and ``competitive entry'' in the same manner 
discussed in the RFI paragraph above and in the Executive Order.
    A4A next asks what the Department means by ``air transportation 
industry,'' which appears on page 75486, and whether it refers to the 
distribution or the provision of air transportation. Regarding the 
``air transportation industry,'' the Department is gathering 
information and did not distinguish specific aspects of the industry 
such as the distribution or provision of air transportation. Any 
interested party should provide any information it deems relevant to 
the issues identified in the RFI.
    Also on page 75486, the RFI goes on to ask ``whether Department 
action in this area would promote a more competitive air transportation 
marketplace.'' A4A asks what ``more competitive air transportation 
marketplace'' means. As discussed in the RFI, some ticket agents 
informed the Department that they believed airline actions had an anti-
competitive impact. As stated in the RFI, the Department is seeking any 
information relevant to the issues and concerns regarding competition 
identified in the RFI.
    Finally, A4A's third clarification request refers to page 75486, in 
the third column, under ``Effects of Airlines Restricting Use of Flight 
Information,'' where the RFI says:

    We note that flight information is available through airline Web 
sites. Would a reduction in the availability of airline flight 
information on non-airline Web sites due to airline restrictions on 
the distribution and/or display of such information have a 
significant negative impact on consumers?

    A4A states that the question is vague and asks what ``reduction in 
the availability of airline fight information'' means and what the 
baseline is for determining a ``reduction?'' The RFI describes and 
discusses the current availability of flight information on both 
airline and non-airline Web sites and

[[Page 94023]]

this question asks about a reduction as compared to currently available 
flight information. Any interested party should provide any information 
it deems relevant to the question.

A4A's Request for Documents and Data Related to DOT's RFI

    On November 8, 2016, we also received a request from A4A to provide 
any documents or data related to the RFI that would enable airlines and 
other stakeholders to provide meaningful and comprehensive responses. 
See DOT-OST-2016-0204-0003. On November 30, 2016, Delta provided a 
letter to the Department in support of A4A's request for the Department 
to provide additional documents and data related to the RFI. See DOT-
OST-0204-0249.
    A4A and Delta request the following:

    1. Formal and informal complaints (such as correspondence or 
memoranda) by online travel agents (OTAs) and metasearch sites 
(MSSs) regarding airline distribution practices for the period 2011 
to present.
    2. Documentation regarding the resolution of any such formal or 
informal complaint.
    3. Research, data, and analysis provided to support any such 
complaints or to support the concerns claimed by OTAs and MSSs as 
described in the Notice.
    4. Data provided by OTAs or MSSs indicating the number of OTAs 
or MSSs affected by air carrier distribution restrictions described 
in the Notice.
    5. The Travel Technology Association/Charles River Associates 
paper dated May 19, 2015 and any supporting work papers, data or 
supplemental information.
    6. Correspondence and records of communications between the 
Department and Travel Technology Association or Charles River 
Associates, or any of their representatives.
    7. Correspondence between the Department and any other Federal, 
State or local agency regarding the topic of the Notice, including 
the issue of consumer rights and comparison shopping.
    8. Data provided by OTAs/MSSs or other ticket agents regarding 
the volume of combined one-way tickets sold that are packaged to 
create a round-trip itinerary in order to provide a lower cost 
option than a single carrier round trip offering, and related 
savings data.

    In response to A4A's request for documents and data, the Department 
notes that the Travel Technology Association/Charles River Associates 
paper dated May 19, 2015, is already publicly available as described in 
the RFI. Nevertheless, the Department has posted the document in the 
docket for this proceeding. The Department has also posted Executive 
Order 13725 in the docket. Regarding the remaining documents and data 
requested by A4A, the Department has identified this request as one for 
records under the Freedom of Information Act (FOIA) and has forwarded 
it to the Office of the Secretary's FOIA Office for processing. The 
FOIA Office will provide any responsive and releasable information to 
A4A and Delta and the Department also will place this information in 
the docket. The Department does not view the outcome of the FOIA 
request to be material to stakeholders' ability to respond to the RFI. 
Accordingly, to the extent that the Department has not responded to the 
FOIA request by March 31, 2017, interested parties should not delay 
providing a response.

    Issued this 16th day of December, 2016, in Washington, DC
Molly J. Moran,
Acting General Counsel.
[FR Doc. 2016-30830 Filed 12-21-16; 8:45 am]
 BILLING CODE 4910-9X-P