United States Government Publishing Office
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United States
National Archives and Records Administration
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FR
Regulatory Information
2020_register
executive
2020-02-28
article
Defining Unfair or Deceptive Practices
Proposed Rules
D09002ee1bdb5f090
D09002ee1bdb5f111
United States
Department of Transportation
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United States Government Agency or Subagency
United States
Office of the Secretary
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org
United States Government Agency or Subagency
The U.S. Department of Transportation (Department or DOT) is seeking comment in this Notice of Proposed Rulemaking (NPRM) on a proposal that would codify definitions for the terms ``unfair'' and ``deceptive'' in the Department's regulations implementing its aviation consumer protection statute. While codifying these definitions into the Department's regulations would be new, the proposed definitions of ``unfair'' and ``deceptive'' reflect the Department's longstanding interpretation of the terms. This proposal would also require the Department to articulate in future enforcement orders the basis for concluding that a practice is unfair or deceptive where no existing regulation governs the practice in question, state the basis for its conclusion that a practice is unfair or deceptive when it issues discretionary aviation consumer protection regulations, and apply formal hearing procedures for discretionary aviation consumer protection rulemakings. In addition, this proposal would codify the longstanding practice of the Department's Office of Aviation Enforcement and Proceedings to offer airlines and ticket agents the opportunity to be heard and present relevant evidence before any determination is made on how to resolve a matter involving a potential unfair or deceptive practice. The proposal is intended to provide regulated entities and other stakeholders with greater clarity and certainty about the Department's interpretation of unfair or deceptive practice in the context of aviation consumer protection rulemaking and enforcement actions.
85 FR 11881
https://www.govinfo.gov/app/details/FR-2020-02-28/2020-03836
2020-03836
fr28fe20-19
RIN 2105-AE72
4910-9X-P
Docket No. DOT-OST-2019-0182
https://www.govinfo.gov/app/details/FR-2020-02-28/2020-03836
https://www.govinfo.gov/content/pkg/FR-2020-02-28/html/2020-03836.htm
https://www.govinfo.gov/content/pkg/FR-2020-02-28/pdf/2020-03836.pdf
Consumer Protection
Policies
Rulemaking Proceedings
Enforcement
Unfair or Deceptive Practices
10 p.
11881
11890
85 FR 11881
Code of Federal Regulations
Title 14 Part 399
14 CFR Part 399
Regulation Identification Number 2105-AE72
RIN 2105-AE72
Defining Unfair or Deceptive Practices; Federal Register Vol. 85, Issue
PRORULE
2020-03836
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
2020-04-28
Docket No. DOT-OST-2019-0182
4910-9X-P
2020-03836
Notice of proposed rulemaking.
The U.S. Department of Transportation (Department or DOT) is seeking comment in this Notice of Proposed Rulemaking (NPRM) on a proposal that would codify definitions for the terms ``unfair'' and ``deceptive'' in the Department's regulations implementing its aviation consumer protection statute. While codifying these definitions into the Department's regulations would be new, the proposed definitions of ``unfair'' and ``deceptive'' reflect the Department's longstanding interpretation of the terms. This proposal would also require the Department to articulate in future enforcement orders the basis for concluding that a practice is unfair or deceptive where no existing regulation governs the practice in question, state the basis for its conclusion that a practice is unfair or deceptive when it issues discretionary aviation consumer protection regulations, and apply formal hearing procedures for discretionary aviation consumer protection rulemakings. In addition, this proposal would codify the longstanding practice of the Department's Office of Aviation Enforcement and Proceedings to offer airlines and ticket agents the opportunity to be heard and present relevant evidence before any determination is made on how to resolve a matter involving a potential unfair or deceptive practice. The proposal is intended to provide regulated entities and other stakeholders with greater clarity and certainty about the Department's interpretation of unfair or deceptive practice in the context of aviation consumer protection rulemaking and enforcement actions.
Comments should be filed by April 28, 2020. Late-filed comments will be considered to the extent practicable.
Robert Gorman, Senior Trial Attorney, or Kimberly Graber, Deputy Assistant General Counsel, or Blane Workie, Assistant General Counsel, Office of Aviation Enforcement and Proceedings, U.S. Department of Transportation, 1200 New Jersey Ave. SE, Washington, DC 20590, 202-366-9342, 202-366-7152 (fax); robert.gorman@dot.gov; kimberly.graber@dot.gov; blane.workie@dot.gov (email).
Consumer Protection
Policies
Rulemaking Proceedings
Enforcement
Unfair or Deceptive Practices
Defining Unfair or Deceptive Practices,
blane.workie@dot.gov
kimberly.graber@dot.gov
robert.gorman@dot.gov
https://www.regulations.gov
https://www.transportation.gov/individuals/aviation-consumer-protection/frequent-flyer-programs
https://www.transportation.gov/individuals/aviation-consumer-protection/privacy
www.dot.gov/privacy
www.regulations.gov
Federal Register
Vol. 85, no. 40
Office of the Federal Register, National Archives and Records Administration
2020-02-28
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388 p.
Table of Contents:
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GS 4.107:
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https://www.govinfo.gov/app/details/FR-2020-02-28
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https://www.govinfo.gov/app/details/FR-2020-02-28
https://www.govinfo.gov/content/pkg/FR-2020-02-28/pdf/FR-2020-02-28.pdf
https://www.govinfo.gov/content/pkg/FR-2020-02-28/xml/FR-2020-02-28.xml
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