OST-95-179
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OST-95-179
Disclosure of Code-Sharing Arrangements and Wet Leases
| OST-95-179 OST-95-623 |
March 9, 1999 | U.S. DOT/OST/C-20 Disclosure of Code-Sharing
Arrangements and Long-Term Leases Disclosure of Code-Sharing Arrangements and Long-Term Leases - Electronic Submission |
Consumer Notification Rules and Policies |
This rule strenthens the Department'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. The rule, among other things,
- requires travel agents doing business in the United States, foreign air carriers, and U.S. air carriers (a) to give consumers reasonable and timely notice if air transportation they are consideraing purchasing will be provided by an airline different from the airline holding out the transportation, and (b) to disclose the identity of the airline that will actually operate the aircraft; and
- for tickets issued in the United States, requires U.S. and foreign air carriers and travel agents to provided
written notice of the transporting carrier's identity at the time of purchase of air transportation involving a
code-sharing or long-term wet lease arrangement.
By: Laura Trejo, Office of International Law, Office of General Cousel or Timothy Kelly, Aviation Consumer Protection Division
Disclosure of Codesharing Arrangements and Wet Leases
| OST-95-179 | May 4, 1999 Docketed May 12, 1999 |
 Request of Midwest
Express for 90-Day Extension |
Disclosure of Codesharing Arrangements and Wet Leases |
By: Midwest Express, James Nacker
| 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 |
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 |
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 |
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
Disclosure of Code Sharing Arrangements and Long Term Wet Leases and Disclosure of Change of Gauge Services
| 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 Gauge 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
Disclosures of Codesharing Arrangement, Long-term Wet Leases and Change-of-Gauge Services
| OST-95-179 OST-95-623 OST-95-177 47546, 45911 45912, 45913 |
June 11, 1999 | Petition of the United States Tour Operators Association for an Extension of the Effective Date and an Additional Grace Period | Disclosures of Codesharing Arrangement, Long-term Wet Leases and Change-of-Gauge Services |
By: Robert Whitley, 212.599.6599
Disclosure of Codesharing Arrangements and Wet Leases
| OST-95-177 OST-95-179 OST-95-623 |
June 21, 1999 | Answer of EDS in Support of the Petition of the ATA | Disclosure of Codesharing Arrangements and Wet Leases |
By: Lois McKeon
Codesharing Practices in Domestic, Overseas and Foreign Air Transportation
| OST-95-623 OST-95-179 OST-95-177 47546, 45911, 45912 45913 |
June 24, 1999 | Answer of Richard Walsh in Support of Petition of ATA for Extension | Codesharing Disclosure / Change of Gauge / Wet-Lease |
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
Disclosure of Codesharing Arrangements and Wet Leases
| OST-95-179 OST-95-623 |
June 16, 1999 Docketed June 28, 1999 |
Request for an Extension by Aviateca, LACSA, TACA and NICA | Disclosure of Codesharing Arrangements and Wet Leases |
By: John Cravens
Disclosure of Codesharing Arrangements and Wet Leases / Change of Guage
| OST-95-177 OST-95-179 OST-95-623 |
June 25, 1999 Docketed June 29, 1999 |
Re: Letters to American Airlines, Midwest Express, Air Transport Association of America, OAG, Aeropostal, Sabre and USTOA | Disclosure of Codesharing Arrangements and Wet Leases / Change of Guage |
Informational gathering meeting held June 29, 1999 on extension date
By: Bradley Mims
"Code-Sharing" Practices in Domestic, Overseas and
Foreign Air Transportation
American Airlines, Inc. - Prohibit Funnel Flights
Disclosure of Codesharing Arrangements and Wet Leases
| 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 | 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
Aeropostal Alas de Venezuela C. por A.
| OST-95-179 OST-95-623 OST-95-177 |
July 14, 1999 | Comments of Aeropostal | Effective Dates of the Disclosure of Codesharing Arrangements and Long-Term Wet Leases and Disclosure of Change of Gauge Services |
Counsel: Pierre Murphy, 202.872.1679
Disclosure of Code-Sharing Arrangements and Wet Leases and Disclosure of Change-of-Gauge
| OST-95-177 OST-95-179 OST-95-623 Federal Register Publication |
July 15, 1999 | Final Rule and Notice of Proposed Disposition of Petitions | Final Rule on Disclosure of Code-Sharing Arrangement and Long-Term Wet Leases Final Rule on Disclosure of Change-of-Gauge |
Counsel: U.S. DOT/OST Betsy L. Wolf
| OST-95-177 OST-95-179 OST-95-623 |
July 30, 1999 | Comments of Amadeus Global Travel Distribution in Support of Proposed Extension | Effective Dates of Disclosure of Codesharing Arrangements Long-Term Wet Leases and Disclosure of Change-of-Gauge Services |
Counsel: Amadeus and Steptoe Johnson, David Coburn, 202-429-8063
| OST-95-177 OST-95-179 OST-95-623 |
July 30, 1999 | Comments of American Eagle and Executive | Effective Dates of Disclosure of Codesharing Arrangements Long-Term Wet Leases and Disclosure of Change-of-Gauge Services |
Counsel: Carl Nelson, 202.496.5647, carl_nelson@amrcorp.com
| OST-95-177 OST-95-179 OST-95-623 |
July 30, 1999 | Comments of Delta Air Lines | Effective Dates of Disclosure of Codesharing Arrangements Long-Term Wet Leases and Disclosure of Change-of-Gauge Services |
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060, robert.cohn@shawpittman.com
| OST-95-177 OST-95-179 OST-95-623 |
July 30, 1999 | Comments of Qantas Airways to Final Rule and Proposed Disposition of Petitions | Effective Dates of Disclosure of Codesharing Arrangements Long-Term Wet Leases and Disclosure of Change-of-Gauge Services |
Counsel: Roller & Bauer, Moffett Roller
| OST-95-177 OST-95-179 OST-95-623 |
August 2, 1999 | Comments of The Air Transport Association of America | Effective Dates of Disclosure of Codesharing Arrangements Long-Term Wet Leases and Disclosure of Change-of-Gauge Services |
Counsel: ATA, James Casey
| OST-95-177 OST-95-179 OST-95-623 |
July 30, 1999 | Comments of US Airways | Effective Dates of Disclosure of Codesharing Arrangements Long-Term Wet Leases and Disclosure of Change-of-Gauge Services |
Counsel: US Airways and O'Melveny Myers
| OST-95-177 OST-95-179 OST-95-623 |
August 2, 1999 | Comments of Air New Zealand | Effective Dates of Disclosure of Codesharing Arrangements Long-Term Wet Leases and Disclosure of Change-of-Gauge Services |
Counsel: Fulbright Jaworski, Susan Gotbetter
| OST-95-177 OST-95-179 OST-95-623 |
August 5, 1999 | Comments of Continental Airlines | Effective Dates of Disclosure of Codesharing Arrangements Long-Term Wet Leases and Disclosure of Change-of-Gauge Services |
Counsel: Continental, Len Ceruzzi
| OST-95-177 OST-95-179 OST-95-623 |
August 5, 1999 | Comments of Regional Airline Association | Effective Dates of Disclosure of Codesharing Arrangements Long-Term Wet Leases and Disclosure of Change-of-Gauge Services |
By: RAA, Walter Coleman
Disclosure of Codesharing Arrangements and Wet Leases
| OST-95-177 OST-95-179 OST-95-623 |
August 27, 1999 | Notice of Effective and Compliance Dates | Effective Dates of Disclosure of Codesharing Arrangements Long-Term Wet Leases and Disclosure of Change- of- Gauge Services |
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
| OST-95-179 OST-95-623 |
June 10, 2002 | Request for Comments | Disclosure of Code-Sharing Arrangements and Wet Leases |
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces and requests comments on the Department of Transportation's intention to request the 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. The information collection requirement in the rule, among other things, (1) requires travel agents doing business in the United States, foreign air carriers, and U.S. air carriers (a) to give consumers reasonable and timely notice if air transportation they are considering purchasing will be provided by an airline different from the airline holding out the transportation, and (b) to disclose the identity of the airline that will actually operate the aircraft; and (2) for tickets issued in the United States, requires U.S. and foreign air carriers and travel agents to provide written notice of the transporting carrier's identity at the time of purchase of air transportation involving a code-sharing or long-term wet-lease arrangement. Comments on this notice must be received on or before August 9, 2002.
By: Jack Schmidt
| OST-95-177 OST-95-179 OST-95-623 |
August 22, 2002 | Federal Register Notice on Information Collection |
Prohibition of Funnel Flights / Disclosure of Codesharing Arrangements and Wet Leases / Pevsner Petition for Rulemaking - Codeshare Practices |
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
Notice of Request for Extension of a Previously Approved Collection - Disclosure of Codesharing Arrangements and Long-Term Wet Leases
May 10, 2005
Code-sharing is the name given to a common airline industry marketing practice where, by mutual agreement between cooperating carriers, at least one of the airline designator codes used on a flight is different from that of the airline operating the aircraft. In one version, two or more airlines each use their own designator codes on the same aircraft operation. Although only one airline operates the flight, each airline in a code-sharing arrangement may hold out, market and sell the flight as its own in published schedules. Code-sharing also refers to other arrangements where a code on a passenger's ticket is not that of the operator of the flight, but where the operator does not also hold out the service in its own name. Such code-sharing arrangements are common between commuter air carriers and their larger affiliates and the number of arrangements between U.S. air carriers and foreign air carriers has also been increasing. Arrangements falling into this category are similar to leases of aircraft and crew (wet leases).
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 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.
Comments on this notice must be received on or before July 11, 2005.
By: Randall Bennett
Published in Federal Register July 20, 2005
Notice of Request for Extension of Previously Approved Collection
Disclosure of Code-sharing Arrangements and Long-term Wet Leases. 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 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: Randall Bennett
OST-1995-179 - Disclosure of Codesharing Arrangements and Wet Leases
OST-1995-623 - Codesharing Practices in Domestic, Overseas and Foreign Air Transportation
July 11, 2008
Notice and Request for Comments
Codesharing is the name given to a common airline industry marketing practice where, by mutual agreement between cooperating carriers, at least one of the airline designator codes used on a flight is different from that of the airline operating the aircraft. In one version, two or more airlines each use their own designator codes on the same aircraft operation. Although only one airline operates the flight, each airline in a codesharing arrangement may hold out, market, and sell the flight as its own in published schedules. Codesharing also refers to other arrangements, such as when a code on a passenger’s ticket is not that of the operator of the flight, but where the operator does not also hold out the service in its own name. Such codesharing arrangements are common between commuter air carriers and their larger affiliates, and the number of arrangements between U.S. air carriers and foreign air carriers has also been increasing. Arrangements falling into this category are similar to leases of aircraft with crew (wet leases).
Comments on this notice must be received on or before September 9, 2008.
By: Todd Homan
OST-1995-179 - Disclosure of Codesharing Arrangements and Wet Leases
OST-1995-623 - Codesharing Practices in Domestic, Overseas and Foreign Air Transportation
On File at Federal Register September 24, 2008
Notice and Request for Comments
U.S. airlines, foreign airlines, and travel agents will provide oral, written and Internet notification to air travelers containing pertinent information about codesharing and long-term wet leases at the time the consumer is considering the purchase of air transportation and for use during the traveler’s journey. This information is intended to aid the prospective consumer in making a more informed choice regarding the purchase of air transportation, and to facilitate travel by reducing the possibility that the traveler will be misled or confused before and during his or her trip. Since the purpose of this regulation is to ensure that consumers have complete information about the air transportation they are considering for purchase, there are no issues of confidentiality involved.
Comments are invited on: (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have a practical utility; (b) the accuracy of the Department’s estimate of burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information collection; (d) ways to minimize the burden of the collection of information on respondents, by the use of electronic means, including the use of automated collection techniques or other forms of information technology.
By: Todd Homan
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