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OST-1995-177

Disclosure of Change-of-Gauge Services

OST-1995-177

March 9, 1999

U.S.DOT/OST/C-50 - Disclosure of Change of Gauge Services Captured PDF

Prohibit Funnel Flights

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This rule codified and augments the Department of Transportation's disclosure rules and policies concerning change of gauge services, i.e., services with one flight number that require a change of aircraft--in order to ensure that prospective airline consumers are given pertinent information on the nature of these services. The rule applies to U.S. air carriers, foreign air carriers, and, where appropriate, ticket agents (including travel agents) doing business in the United States. It included the following requirements:

1. that transporting carriers include notice of required aircraft changes in their written and electronic schedule information provided to the public, to the official airline guide (OAG) and comparable publications, and to computer reservations systems,
2. that consumers be given reasonable and timley oral notice that a service with a single flight number that they are considering booking entails a change of aircraft en route and
3. that written notice of thee aircraft change be provided along with any ticket.

By:  Betsy Wolf Senior, Trail Attorney, Office of Enforcement and Proceedings

OST-95-179 OST-95-623 OST-95-177 47546, 45911, 45912 45913

May 24, 1999

Petition of The Air Transport Association of America for an Extension of the Effective Date

Disclosure of Codesharing Arrangements and Long-Term Wet Leases and Disclosure of Change-of-Guage Services

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Airlines and computer reservation systems have been working to reprogram their various information systems to comply with the rules' July 13, 1999 effective date. These efforts are at different stages but many remain far from complete and will require considerable additional work. They have proven exceptionally time consuming because of the need to resolve the application of the rules' requirements to different functions, the variety and complexity of the systems affected and the multiplicity of affected entities. In this regard, it is important to remember that in implementing the rule we are concerned not only with disclosure, but also with software applications. Disclosure of the information that the rules require can only occur if different airline industry systems are modified in concert. Finally, and perhaps most importantly, these undertakings are occurring at a time when immense information service resources have been committed to pressing Y2K needs. They cannot be redeployed for some time.

Counsel:  ATA, James Casey, 202-626-4211

OST-95-179 OST-95-623 OST-95-177 47546, 45911, 45912, 45913	May 25, 1999	Answer of Aerpostal in Support of ATA's Petition Scanned Copy	Disclosure of Codesharing Arrangements and Long-Term Wet Leases and Disclosure of Change of Guage Services
		Attachment:  Memorandum from SABRE

Counsel for Acropostal was in the process of drafting an Application for Exemption Authority requesting that the Department extend the effective date of the regulations herein for several months. In the interest of avoiding repetition and consolidating the proceedings so as not to have many Applications for Exemption Authority and/or Petitions filed with Dockets requesting the same extension, Aeropostal submits the instant answer in Support of ATA's Petition.

Counsel:  Pierre Murphy, Elizabeth Collins

OST-95-179 OST-95-623 OST-95-177 47546, 45911, 45912, 45913

May 25, 1999

Answer of OAG Worldwide Scanned Copy

Disclosure of Codesharing Arrangements and Long-Term Wet Leases and Disclosure of Change of Guage Services

While the industry would normally be able to accomplish the necessary programming changes with a few months delay of the rules, it is facing a unique situation this year in the form of the Y2K problem. Because of the widespread concern about computer operations on January 1, 2000, corporations are devoting extensive programming efforts to insuring that computers do not crash with the new century. As a result, many companies are imposing "change freezes", under which they will not allow any software changes to their computers for some months prior to January 1. This will make it impossible for them to test the necessary programming changes required to comply with the Department's rules. OAG, therefore, supports ATA's proposal that the effective date of the rules be extended to February 15, 2000.

Counsel:  Richard Fahy, 703-684-4422, rfahy@ibm.net

OST-95-179 OST-95-623 OST-95-177 47546, 45911 45912, 45913

May 28, 1999

Answer in Support of the Petition of ATA for an Extension of the Effective Date of The SABRE Group

Disclosure of Code Sharing Arrangements and Long Term Wet Leases and Disclosure of Change of Guage Services

More-over, Sabre will impose a Year 2000-related implementation freeze for its computer systems beginning November 1, 1999 and ending on March 15, 2000. During this time period, no new implementations of any nature will be permitted in the Sabre systems. Finally, as ATA points out, the complex interrelationships of the many systems involved in providing and exchanging information about air carrier services means that a delay by any one component will impact all of the others despite the best efforts of all involved to timely meet the Department's new regulations. As the Department knows, the ATA and others are working hard on coordinating these diverse components.

Counsel:  Sterling Miller, Senior Managing Attorney, Litigation and Regulatory Affairs, The SABRE Group, 817.967.6932, sterling.miller@sabre.com

By:  Robert Whitley, 212.599.6599

By:  Lois McKeon

We are an airline database publisher and compiler of airline schedules and related data. We concur with the position taken by the ATA, OAG and EDS in that the July 13,1999 effective date does not allow enough time to modify the programs and systems needed to comply. We too are facing major software changes related to Y2K compliance. We join the ATA and OAG in their request for an extension of the effective date to February 15,2000.

By:  Richard Walsh

Informational gathering meeting held June 29, 1999 on extension date

By:  Bradley Mims

OST-95-177 OST-95-179 OST-95-623

July 9, 1999

Final Rule and Notice of Proposed Disposition of Petitions Involving the Effective Dates of 14 CFR Part 257 and 14 CFR Part 258 and Request for Comments Captured PDF

Donald L. Pevsner - Petition for Rulemaking - "Code-Sharing" Practices in Domestic, Overseas and Foreign Air Transportation

We are postponing the effective date of both rules until August 25, 1999, and we are requesting comments on our tentative findings (1) that those parts of the rules that are not affected by CRS reprogramming should take effect on August 25, (2) that the effective date of those parts of the rules that are affected by CRS reprogramming should be further postponed until March 15,2000, and (3) that as a matter of discretion we should refrain from enforcing both rules in their entirety against the tour operators for an additional grace period of six months.

By:  Bradley Mims

Counsel:  Pierre Murphy, 202.872.1679

Counsel:  U.S. DOT/OST Betsy L. Wolf

Counsel:  Amadeus and Steptoe Johnson, David Coburn, 202-429-8063

Counsel:  Carl Nelson, 202.496.5647, carl_nelson@amrcorp.com

Counsel:  Delta and Shaw Pittman, Robert Cohn, 202-663-8060, robert.cohn@shawpittman.com

Counsel:  Roller & Bauer, Moffett Roller

Counsel:  ATA, James Casey

Counsel:  US Airways and O'Melveny Myers

Counsel:  Fulbright Jaworski, Susan Gotbetter

Counsel: Continental, Len Ceruzzi

By:  RAA, Walter Coleman

On March 15, 1999, we issued two new rules, the Disclosure of Code-Sharing Arrangements and Long-Term Wet Leases Rule, 14 CFR part 257 (``Code-Share Rule''), and the Disclosure of change-of-Gauge Services Rule, 14 CFR part 258 (``Change-of-Gauge Rule''), to enable consumers to make informed choices about their air transportation and to travel without undue confusion. Both rules were to take effect on July 13. On July 9, in response to petitions to delay the rules' effective date, we issued a Final Rule and Notice of Proposed Disposition (see 64 FR 38111, July 15, 1999), delaying the effective date for both rules until
August 25, 1999, and giving interested parties until July 30 to comment on our proposal to delay the compliance date of portions of both rules further, until March 15, 2000. We are amending both disclosure rules to reflect the new compliance dates. DATES: The effective date of 14 CFR part 257, published at 64 FR 12851-12852 (March 15, 1999), and new Sec. 257.6, published herein, is August 25, 1999. The date on which compliance with Sec. 257.5(a), Sec. 257.5(b)
(insofar as compliance requires reprogramming by Computer Reservations Systems), and Sec. 257.5(c) is mandatory is March 15, 2000; compliance with all other sections is mandatory as of August 25, 1999. The effective date of 14 CFR part 258, published at 64 FR 12860 (March 15, 1999), and new Sec. 258.6, published herein, is August 25, 1999. The date on which compliance with Sec. 258.5(c) is mandatory is March 15, 2000; compliance with all other sections is mandatory as of August 25, 1999. The removal of 14 CFR 399.88, published at 64 FR 12852 (March 15, 1999), is effective August 25, 1999.

By:  Betsy Wolf

Extension of a previously approved collection. Abstract; Change-of-gauge service is scheduled passenger air transportation for which the operating carrier uses one single flight number even though passengers do not travel in the same aircraft from origin to destination but must change planes at an intermediate stop. In addition to one-flight-to-one-flight change-of-gauge services, change-of-gauge services can also involve aircraft changes between multiple flights on one side of the change point and one single flight on the other side. As with one-for-one change-of-gauge services, the carrier assigns a single flight number for the passenger's entire itinerary even though the passenger changes planes, but in addition, the single flight to or from the exchange point itself has multiple numbers, one for each segment with which it connects and one for the local market in which it operates.

The Department recognizes various public benefits that can flow from change-of-gauge services, such as a lowered likelihood of missed connections. However, although changeof-gauge flights can offer valuable consumer benefits, they can be confusing and misleading unless consumers are given reasonable and timely notice that they will be required to change planes during their journey.

Comments are invited on; (a) Whether this proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency's estimate of burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on the respondents, including through the use of automated techniques or other forms of information technology. All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record.

By:  Jack Schmidt

This notice announces and requests comments on the Department of Transportation's (Department or DOT) intention request extension of a previously approved collection that reflects DOT's current consumer notification rules and policies to ensure that consumers have pertinent information about airline code-sharing arrangements and long-term wet leases in domestic and international air transportation.  Comments on this notice should be received September 23, 2002.

Comments are invited on: (a) Whether this collection of information (third party notification) is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency's estimate of burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on the respondents, including through the use of automated techniques or other forms of information technology.

By:  Jack Schmidt

Published in Federal Register July 20, 2005

Notice of Request for Extension of Previously Approved Collection

Change-of-gauge service is scheduled passenger air transportation for which the operating carrier uses one single flight number even though passengers do not travel in the same aircraft from origin to destination but must change planes at an intermediate stop. In addition to one-flight-to-one-flight change-of-gauge services, change-of-gauge services can also involve aircraft changes between multiple flights on one side of the change point and one single flight on the other side. As with one-for-one-change-of-gauge services, the carrier assigns a single flight number for the passenger's entire itinerary even though the passenger changes planes, but in addition, the single flight to or from the exchange point itself has multiple numbers, one for each segment with which it connects and one for the local market in which it operates. The Department recognizes various public benefits that can flow from change-of-gauge services, such as a lowered likelihood of missed connections. However, although change-of-gauge flights can offer valuable consumer benefits, they can be confusing and misleading unless consumers are given reasonable and timely notice that they will be required to change planes during their journey.

Comments are invited on: (a) Whether this proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency's estimate of burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of information to be collected; and (d) ways to minimize the burden of the collection of information on the respondents, including through the use of automated techniques or other forms of information technology. All responses to this notice will be summarized and included in the request for OMB approval.

By: Randall Bennett

September 21, 2005 | Published in Federal Register September 28, 2005

Notice of Request for Extension of Previously Approved Collection

By: Steven Lott

On File at Federal Register September 2, 2008

Notice of Request for Extension of Previously Approved Collection

As Published in Federal Register September 3, 2008

The Department recognizes various public benefits that can flow from change-of-gauge services, such as a lowered likelihood of missed connections. However, although change-of-gauge flights can offer valuable consumer benefits, they can be confusing and misleading unless consumers are given reasonable and timely notice that they will be required to change planes during their journey.

Comments are invited on: (a) Whether this collection of information (third party notification) is necessary for the proper performance of the agency, including whether the information will have practical utility; (b) the accuracy of the agency’s estimate of burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including through the use of automated techniques or other forms of information technology.

By: Todd Homan

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