High Density Rule

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 93

[Docket No. 29624]

High Density Rule

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed interpretation; reopening of comment period.

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SUMMARY: On July 2, 1999, the FAA published a Notice of proposed

interpretation, which proposed to interpret the term ``operator'' as

interpreted in the extra section provision of the FAA's High Density

Rule to permit one airline code-share partner to operate an extra

section of a regularly scheduled flight of another code-share partner.

This notice announces the reopening of the comment period for an

additional 30 days.

DATES: Comments must be submitted on or before September 13, 1999.

ADDRESSES: Comments regarding the notice of interpretation should be

mailed, in triplicate, to Federal Aviation Administration, Office of

the Chief Counsel, Attention: Rules Docket (AGC-10), Docket No. 29624,

800 Independence Avenue, SW, Washington, DC 20591. Comments must be

marked Docket No. 29624. Comments may be examined in Room 915G weekdays

between 8:30 a.m. and 5 p.m., except on Federal holidays.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to comment on this action by

submitting such written data, views, or arguments, as they may desire.

Comments should identify the regulatory docket and should be submitted

in triplicate to the Rules Docket address specified above. Comments may

also be sent electronically to the Rules Docket by using the following

Internet address: [email protected] All comments received will be

available, both before and after the closing date for comments, in the

Rules Docket for examination by interested persons. Commenters wishing

the FAA to acknowledge receipt of their comments submitted in response

to this action must include a preaddressed, stamped postcard marked

``Comments to Docket 29624.'' The postcard will be date stamped and

mailed to the commenter.

Availability of this Notice

An electronic copy of this document may be downloaded, using a

modem and suitable communications software, from the FAA regulations

section of the Fedworld electronic bulletin board service (telephone:

(703) 321-3339) or the Federal Register's electronic bulletin board

service (telephone: (202) 512-1661). Internet users may reach the FAA's

web page at http://www.faa.gov/avr/arm/nprm/.htm or the Federal

Register 12s web page at http://www.access.gop.gov/su docs for access

to recently published rulemaking documents.

Background

On June 28, 1999, the FAA issued a notice proposing to interpret

the term ``operator'' as interpreted in the extra section provision of

the FAA's High Density Rule to permit one airline code-share partner to

operate an extra section of a regularly scheduled flight of another

code-share partner (64 FR 35963; July 2, 1999). The purpose of this

proposed interpretation is to recognize the development of code-share

arrangements in the aviation industry. The FAA issued this Notice with

a 10-day comment that closed on July 12, 1999.

In the Notice, the FAA did not adequately identify the

circumstances that prompted the proposed interpretation. This proposed

interpretation arose as a result of an April 1, 1999, letter from Delta

Air Lines, Inc. (Delta) requesting that the FAA confirm Delta's

interpretation of the extra section provision set forth in 14 CFR

93.123(b)(4). Specifically, Delta interpreted this provision to permit

code-share partners to operate an extra section of a scheduled flight

operated by a second code-share partner. A copy of Delta's letter has

been included in the docket for this matter.

In the past, the FAA has consistently interpreted the term operator

to be the air carrier operating the flight. However, after

consideration of Delta's proposal, the FAA believes that emerging use

of code-share arrangement in the aviation industry requires a

reevaluation of agency interpretation. As a result, the FAA issued the

Notice of proposed interpretation.

Additionally, several commenters were concerned with the short

comment period that was provided in the Notice. Therefore, in order to

provide full disclosure of the circumstances that gave rise to the

Notice, the FAA is reopening the comment period to ensure that all

interested parties have full knowledge of the basis for the proposed

interpretation and an opportunity to comment. Accordingly, the FAA is

reopening the comment period for this proposed interpretation for an

additional 30 days.

Issued in Washington, DC on August 9, 1999.

Nicholas G. Garaufis,

Chief Counsel.

[FR Doc. 99-21028 Filed 8-12-99; 8:45 am]

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