19473

Rules and Regulations Federal Register Vol. 62, No. 77

Tuesday, April 22, 1997

This section of the FEDERAL REGISTER Source Airlines, Western Pacific Airlines, contains regulatory documents having general Subject (14 CFR) Vanguard Airlines, and KLM Royal applicability and legal effect, most of which Dutch Airlines. We also received are keyed to and codified in the Code of Oversales ...... § 250.11 comments from four travel agencies Federal Regulations, which is published under Domestic baggage liability ...... § 254.5 (Costa Azul Tours and Travel, Carlson 50 titles pursuant to 44 U.S.C. 1510. International baggage liability § 221.176 Domestic contract of carriage § 253.5 Wagonlit Travel, Meston Travel Center, The Code of Federal Regulations is sold by terms. and Vista Travel Service), four other the Superintendent of Documents. Prices of Terms of electronic tariff (inter- § 221.177(b) organizations (Best Fares magazine, new books are listed in the first FEDERAL national). Airclaims, Ltd., QuickTix, and Stone & REGISTER issue of each week. Refund penalties (domestic) ... § 253.7 Webster Management Consultants), five Fare increases (international) § 221.174 individuals (Mr. Philip Sheridan, Mr. Death/injury liability limits § 221.175 Laurence Hecker, Mr. Andrew Pickens, (international). DEPARTMENT OF TRANSPORTATION Mr. Peter Lyck, and Mr. Benjamin Dornic), and from Mr. Jeremy Silverman Office of the Secretary Over the past few years, a number of airlines have introduced ‘‘ticketless and Mr. Gregory Gerdes on behalf of 14 CFR Ch. II travel,’’ also known as ‘‘electronic their law school class. In general the industry commenters [Docket No. OST±96±993] ticketing.’’ Under this concept a passenger calls the airline, makes a did not object to providing the notices RIN 2105±AC36 reservation and purchases the that are currently required to be transportation during the call, typically provided on or with tickets. However, Ticketless Travel: Passenger Notices by credit card. Electronic tickets can they urged the Department not to prescribe the manner in which those AGENCY: Office of the Secretary, DOT. also be purchased from travel agencies in many cases. No ‘‘ticket,’’ as that notices are to be provided, e.g. the ACTION: Statement of compliance policy. document has traditionally been method or the time that they are furnished to electronically ticketed SUMMARY: The Department is issuing a configured, is issued. Instead, the passengers. The travel agent statement of compliance policy that passenger is orally given a confirmation commenters said that notice should be states that the ticket notices required by number and/or is sent a written the responsibility of the airlines, and various DOT rules must be given (or be itinerary. Upon checking in at the that travel agencies should not be made readily available) to ‘‘ticketless’’ airport the passenger simply provides expected to bear the cost. Most of the airline passengers no later than the time his or her name, furnishes individual commenters said that that they check in at the airport for the identification, and is given a boarding electronically ticketed passengers first flight in their itinerary. pass or other document that is used to should receive written confirmation of EFFECTIVE DATE: This statement of gain access to the aircraft. The Department of Transportation their reservation and fare in case there compliance policy takes effect May 22, is a subsequent computer error. 1997. supports the development of ticketless travel. The process has the potential to ATA said that it anticipates that the FOR FURTHER INFORMATION CONTACT: Tim reduce carrier and agent costs, and consumer protection notices that the Kelly, Aviation Consumer Protection thereby costs to consumers, and to make Department’s regulations require today Division, Office of Aviation air transportation easier to purchase. At will continue to be provided. ATA, Enforcement and Proceedings, Office of the same time, the Department has been IATA, ASTA, most of the air carrier the General Counsel, Department of concerned that necessary information in commenters, and Airclaims, Ltd. said Transportation, 400 Seventh Street SW., the ticket notices described above be that consumer notices of the type Room 4107, Washington, DC 20590, provided to passengers in a ticketless provided with tickets should continue telephone (202) 366–5952. An electronic environment. Consequently, on January to be provided, but they oppose version of this statement of compliance 19, 1996, we published in the Federal regulation of the method or time by policy will be available at http:// Register a Request for Comments on the which carriers must communicate those www.dot.gov/dotinfo/general/rules/ issue of passenger notices for ticketless notices to ticketless passengers. This aviation.html shortly after publication transactions (61 FR 1309). will allow distribution systems to be in the Federal Register. more flexible and therefore more Comments SUPPLEMENTARY INFORMATION: responsive to the needs of passengers, We received 28 comments in response according to ATA. It will also generate Background to the Federal Register notice. Three significant efficiencies, which ATA said Various DOT regulations require U.S. were from industry associations: the Air is important in the industry’s and foreign air carriers to provide Transport Association of America continuing efforts to provide consumer notices on or with passenger (ATA), the International Air Transport economical air transportation. Many of tickets. These notices provide Association (IATA), and the American these commenters said that regulating information about protections afforded Society of Travel Agents (ASTA). Eleven how and when the notices are to be by federal regulations, limitations on comments were from air carriers: United delivered would impose costs without carrier liability, and contract terms that Air Lines, American Airlines, Delta Air commensurate benefits, and could passengers may not otherwise be aware Lines, Trans World Airlines, impede emerging technology. of. These ticket notice requirements are Continental Airlines, Southwest IATA said that it strongly supports listed below. Airlines, Alaska Airlines, ValuJet electronic ticketing, and that it was still 19474 Federal Register / Vol. 62, No. 77 / Tuesday, April 22, 1997 / Rules and Regulations developing standards for international the consumer notices be posted at agencies; Vista believes that the costs of and interline electronic ticketing. airports, where passengers are more any new notice requirements should be Although they opposed detailed rules, likely to see them than in the fine print part of the cost of the transportation, IATA and ASTA suggested that DOT on tickets, which ASTA contends most and should not have to be borne should provide general guidelines for passengers don’t read. separately by travel agencies. Vista did acceptable times and methods for Several carriers and one travel agency say that passengers should be provided providing consumer notices. chain advocated the concept of a documentation of their reservation and Southwest said that 40% of its voicemail or ‘‘audio-text’’ system in fare before they arrive at the airport, or passengers are now ticketed which passengers could be provided the they will be at the mercy of the carrier electronically. The carrier said that it choice of listening to recorded in the event of a computer error. Carlson mails or faxes the consumer notices in consumer notices at the end of a Wagonlit pointed out that many carriers question to its electronically ticketed reservation call, or at any other time. rely on advertising to defray the cost of passengers, but that it may want to ValuJet estimated that such a system ticket jackets, and that this could help modify this procedure in the future in could deliver a standard oral briefing by support the cost of any notices that must response to consumer demand, new telephone for as little as 25 cents per be delivered to electronically ticketed technology, or competition. Several of call. passengers at the time of purchase. the carriers said that there are many Western Pacific described a menu- In the Request for Comments, the ways to get adequate notices to driven (‘‘press 1 for baggage Department sought comment on air passengers besides mailing them: for information, 2 for oversales information transportation purchases that take place example, an annual mailing to frequent ** *’’) voice system that it is studying via ‘‘smart cards’’ or online computer flyers, a receipt provided at the airport to deliver all DOT standard notices, as services. ATA said that these types of or travel agency, orally at the time of the well as other information. The carrier electronic tickets present no special reservation, on signs or handouts at the says this system would provide the issues. ATA asserts, as it does with airport, a fax-back service that will fax notices in a timelier fashion than regard to other forms of electronic notices to passengers who call a special notices that arrive in the mail several ticketing, that the carrier should be free number, or a notice screen for bookings days after a telephone purchase; to determine the means of providing that consumers make via the internet or Western Pacific said this would be consumer notices. This could include other online services. particularly useful in the case of providing notices when a passenger ValuJet, a fully ticketless carrier, bookings made within a few days of signs an initial smart card form, or states that it currently provides departure. (Western Pacific said that electronic transmission of notices when effective, oral notice concerning the 20% of its bookings are made within transportation is purchased online. customer’s itinerary at the time of the three days of departure; Vanguard said ASTA echoed this idea, and said the sale, as well as written notice when its its figure is 10% to 15%.) notices could be provided one time to customers board. It contends that having TWA said that carriers should not be regular clients similar to a ‘‘signature on to provide written notices at the time of required to provide notices to an file’’ agreement for credit card purchase would increase the cost of electronically ticketed passenger who purchases. ticketless travel without commensurate does not request a written confirmation, IATA supported the concept of benefit. or who is offered the consumer notices allowing carriers to provide notices to Like ValuJet, Western Pacific and but declines. TWA and Continental users of smart cards at the time they Vanguard are totally ticketless carriers. described ATM-like machines that issue enter into the agreement for the card, They both said that they have boarding passes at airports, and can although IATA said that alternatively procedures for providing what they require passengers to choose whether or the notices could be generated each time consider to be complete and timely not to receive the terms and conditions the card is used. Delta said that it uses notice to passengers. Like ValuJet, these of travel and other notices. They said smart cards on its east coast Shuttle. two airlines provide oral notice at the that carriers should have the flexibility The carrier said that it provides DOT- time of purchase about important fare to deliver notices by means such as this. required notices at the time a smart card conditions, but do not provide any of Generally, the individual travel is issued, and also makes them available the DOT notices at the time of purchase, agency commenters stated that notice at each smart card machine. IATA, orally or in writing, except to note that should be the responsibility of the several carriers and Airclaims, Ltd. fares are non-refundable. All three airlines and that it could be provided suggested that members of frequent-flyer carriers provide certain written notices during check-in. Mr. Tom Parsons of programs could be given the notices upon check-in, although these do not Best Fares magazine, however, said that when they join the program, or necessarily include all of the DOT- ‘‘inspecting a contract at the airport gate annually. TWA asserted that 33% to mandated ticket notices or all of the is like reading the warranty on your new 50% of all passengers (depending on the required text from these notices. These car after you buy it.’’ Mr. Parsons said carrier) are members of a frequent-flyer three carriers also state that they will that the notices could be provided program. United said that one-time or mail or fax written notices on request at through the computer reservations annual notices to frequent flyers any time. systems; Airclaims, Ltd. suggested combined with other programs to ensure ASTA said that notice of the handouts at the point of sale. Neither of reasonable notice to other customers reservation and fare will be provided to these proposals, however, indicate how would save costs without having an clients ‘‘when practical.’’ ASTA the notices would be provided to adverse impact on the traveling public. suggests that general guidelines be persons who book by phone. The Department requested comment issued for delivery of other consumer Meston Travel said that it gives its on whether a passenger should be able notices, but that details on when to ticketless clients a written confirmation to have an independent record of his or provide the notices be left to the carrier of the reservation and fare and copies of her reservation status. ATA said that or travel agency. If the Department consumer notices at the time of electronic ticketing does not create any identifies deficiencies, it can then purchase. Vista Travel said that the cost additional likelihood that a passenger’s impose a more detailed standard. For savings of electronic ticketing have record will be unlocatable. Continental the moment, ASTA suggests that all of accrued to the airlines but not to travel and Western Pacific said that the Federal Register / Vol. 62, No. 77 / Tuesday, April 22, 1997 / Rules and Regulations 19475 confirmation number that is given to and reservation and the DOT consumer 17% to 42% of the carrier’s 1995 net every electronically ticketed passenger notices shortly after purchase. Costa income. Western Pacific estimated that is the passenger’s evidence of his or her Azul Travel said that it receives many mailing or faxing itineraries and DOT reservation. TWA said that the complaints about ticketless travel, notices within three days of purchase Department’s concern over no-record although it didn’t describe them. would cost approximately $50,000 per passengers is understandable in a On the other hand, Mr. Andrew month at present traffic levels. historical context, but that over the past Pickens asserted that the notices on Vanguard estimated that providing decade there have been numerous paper tickets are unread and hard-copy notices at the time of sale improvements to CRS technology and unnecessary. Mr. Philip Sheridan said would add $1 to the cost of each of its that no-record passengers are no longer that he has been using ticketless travel transactions, or $2 million per year. a significant problem. The totally for six months on United and Southwest Discussion ticketless carriers that commented with no problems, and that the (ValuJet, Western Pacific and Vanguard) combination of the boarding pass and We have decided as a matter of all said that they do not engage in his monthly credit card statement are all compliance policy not to pursue deliberate overbooking and as a result the documentation he needs. remedial or punitive action if air have few oversales. IATA said that The Department sought comment on carriers give, or make readily available, current scenarios contemplate some sort the costs of various notice alternatives. to electronically ticketed passengers the of confirmation being sent to passengers Most of the comments on this point written notices required by the existing who book sufficiently in advance and focused on the costs of providing DOT ticket-notice rules no later than the that this is likely to contain written notice at (or shortly after) the time that the passengers appear at the confirmation of the reservation. time of purchase. According to ATA, the airport for the first flight in their However, IATA said, this should not be average current postage cost of mailing itinerary. We believe that this approach required by regulation. notices to electronically ticketed strikes the most reasonable balance at The Department requested comment passengers is 40 cents per passenger, but this time between ensuring that on how carriers deal with fare disputes this does not include other handling important information reaches with passengers, particularly those who costs. Fifty million electronic ticket consumers before they travel without purchase tickets by phone. Both ATA transactions per year would yield a inhibiting the development of electronic and IATA simply asserted that this has mailing cost of $20 million, ATA said, ticketing and imposing additional costs not been a problem. The passenger’s fare while 150 million such transactions that might stifle industry innovations ‘‘will be included on passenger would cost $60 million. and result in higher prices for receipts,’’ ATA said. Western Pacific ASTA asserted that having to provide consumers. It also puts all carriers on said that it experiences about the same notices can be a significant cost factor the same footing with respect to rate of fare disputes as paper-ticket (although it provided no figures). It ticketless notices; as a result of past carriers. It believes most of these highlighted the burden on agencies by DOT requests, many airlines currently disputes arise from the customer’s citing the thin profit margins in the mail or fax consumer notices to failure to listen carefully to the fare travel agency business resulting from ticketless customers at the time of restrictions information or the changes in the commission structure purchase, but some carriers do not. reservation recap. Vanguard said that it and airline initiatives to sell directly to Most of the industry commenters in has encountered virtually no fare passengers. this proceeding objected to the prospect disputes. IATA provided no cost estimates, but of specifically being required to provide However, a comment filed on behalf said that distribution costs would be notices at the time of the purchase. The of a law school class by Jeremy affected by the number and length of the policy that we are implementing will Silverman and Gregory Gerdes said that notices. IATA said that the benefits of not do so, and thus will avoid imposing several of the members of the class had a DOT standard for consumer notices for the costs of having to mail or otherwise had disputes over fares and reservations electronically ticketed passengers would deliver written notices to ticketless with ticketless carriers. They stated that be legal certainty, consistency and passengers before the date of the flight. carriers should provide written uniformity, particularly in the We are particularly concerned about confirmation of the reservation and the international environment. Potential avoiding unnecessary costs for totally- fare to electronically ticketed negatives would be extra costs, and any ticketless carriers, many of which are passengers, and that this notice should inconsistency between the required low-fare, new-entrant airlines. As noted be provided on a timely basis. They also methods of distribution and the by ValuJet, the burden of a requirement noted the potential for problems in electronic ticketing process. to provide written notices in advance of applying an unused electronic ticket to ValuJet said that the cost of providing the flight would fall disproportionately another flight (with payment of the written notices at the time of purchase, on totally-ticketless carriers since they appropriate penalty) after the departure particularly passenger-specific itinerary do not have the paper-ticket/mailing date of the original flight; if the information, would be ‘‘staggering’’ in infrastructure of most larger airlines. As computer does not reflect the fact that ValuJet’s case. ValuJet and Western a result, we could envision higher prices the passenger did not use the Pacific both said that major airlines for consumers without commensurate transportation, the passenger does not have significant back-office ticketing consumer benefits. The approach that have an unused flight coupon to prove systems that can be redirected at little we are taking will also address the this fact. incremental cost to print and distribute concerns expressed by travel agents; no Mr. Laurence Heckler also expressed written itineraries and notices to travel agency will be required to provide concern over reservation, payment, and ticketless passengers. ValuJet said that it the current notices required with tickets fare disputes and urged that carriers would have to build such an to ticketless passengers. provide timely written confirmation of infrastructure. It estimates that postage Ticketless travel is a dynamic and these matters. Stone & Webster to mail its notices would be $88,000 per evolving element in the marketing of air Management Consultants stated that month, and additional distribution costs transportation. The Department will electronically ticketed passengers could be from $1 million to $2.33 continue to monitor developments in should receive a confirmation of the fare million per month, which would be this field, and should consumer 19476 Federal Register / Vol. 62, No. 77 / Tuesday, April 22, 1997 / Rules and Regulations problems related to inadequate reluctant to rely solely on airport signs CFR 250.9), the complete contract of passenger notice arise, we may propose as a means of passenger notice, we have carriage (14 CFR 253.4(b)), and a copy additional requirements in the future. decided to hold in abeyance a proposal of the DOT rule on the rights of airline We strongly encourage airlines and that we published in the Federal passengers with disabilities (14 CFR travel agencies to work to avoid such Register on June 3, 1996 (61 FR 27818) 382.45(d)). problems, not only by making the DOT to eliminate the required sign If a carrier chooses to provide the ticket notices available to ticketless concerning oversales. We will publish a notices in question to ticketless passengers at the airport as required separate document in the Federal passengers in advance of the flight date here but also by distributing them in Register to accomplish this. The (as many airlines do now), the policy other ways, including those suggested in oversales sign will continue to be described here will not require the the comments in this proceeding. For required until we have more experience notices to be furnished to those example, these notices could be with any potential oversale problems passengers a second time when they included with newsletters or booklets of involving ticketless passengers. check in at the airport. terms and conditions mailed to As a result of the policy described As indicated earlier, the Department members of a carrier’s frequent-flyer here, the notices that are currently sought comment on whether a passenger program or holders of the airline’s required by DOT rules to accompany should be able to have an independent affinity credit card or smart card, posted tickets will have to be given or made record of his or her reservation status in in online booking services and on the readily available to ticketless passengers case a computer reservation record is carrier’s World Wide Web site, included in writing no later than when they lost. Based on the information currently in the carrier’s printed timetables, or appear at the airport for the first flight available to us, we agree with ATA that handed to passengers who purchase on their itinerary. We can envision electronic ticketing does not necessarily electronic tickets in person (e.g., at an several ways of accomplishing this: create any additional likelihood that a airline’s airport or city ticket office or at (1) Carriers could have a box or stack passenger’s record will be unlocatable. a travel agency). Airlines may also wish of the notice sheets on the countertop at However, there nonetheless appears to to consider making the notices available each staffed position at the ticket be the same likelihood of ‘‘no record’’ in recorded form on their reservations counter and at each gate (since some passengers as exists for passengers with telephone lines (e.g., ‘‘press 3 to hear passengers check in only at the ticket paper tickets, and yet ticketless important consumer information’’) or counter and others only at the gate), passengers will not necessarily have establishing a fax-back service, where a with the box or stack prominently written evidence of their reservation. consumer could call a certain phone labeled ‘‘Consumer Notices.’’ Continental and Western Pacific number and have the notices faxed to (2) Carriers could keep a supply of the commented that a ticketless passenger’s him or her. We also encourage travel notices at a central location within sight confirmation number is the evidence of agencies to provide the notices during of all passengers near the ticket counter his or her reservation; however, if a face-to-face transactions, or when the and also near the carrier’s gates. carrier cannot locate a passenger’s agency would be mailing other (3) The carrier’s agents could simply reservation record in the computer, a documents in any event. These various hand one of the notice sheets to each confirmation number does not distribution methods would allow a passenger as they check in at the ticket necessarily prove that the passenger had passenger to be provided the notices as counter and at the gate, or hand it to a reservation on that particular flight. It far in advance as possible before the every passenger at the ticket counter is questionable whether carriers would date of the flight, and in many cases and at the gates have a supply of the board a passenger based on a before purchasing the transportation. notices in sight in one of the ways confirmation number alone. On the However, none of them entails the cost described above. The notice sheet other hand, we note TWA’s assertion of an individual mailing to each would only have to be handed to a that the Department’s concern over no- purchaser. passenger checking in for the first flight record passengers is understandable in ASTA stated in its comments that the on his or her itinerary, but carriers a historical context but that over the current notices in use by the airlines on might choose to simply give it to all past decade there have been numerous regular ticketed transactions do not passengers in order to cut down on improvements to CRS technology and conveniently fit on a single sheet of procedure and labor time. that no-record passengers are no longer paper while leaving room for other (4) Carriers could post a sign visible a significant problem. Our complaint important information that consumers from each position at the ticket counter data appear to support this: in 1996 we routinely want to have in writing. We and at each gate briefly describing the received only four consumer complaints would point out that much of the nature of the notice (e.g., ‘‘important against U.S. carriers about denied contractual language in notices on some consumer information’’) and stating that boardings caused by ‘‘no record’’ carriers’ conventional tickets is not a copy is available from any counter or reservation problems. None of those required by DOT, but is placed there by gate agent upon request. (It would not complaints was about a totally-ticketless the carrier for its own purposes. As we be sufficient for a carrier to simply carrier. noted in our Request for Comments, all provide a copy of the notice sheet to The Request for Comments also noted of the DOT notices would fit on back of passengers who request it, without that a conventional paper ticket an 81⁄2 x 11 sheet of paper, and if the posting a sign, since most passengers contains a record of the passenger’s fare, international notices are not provided to would not know that the notice exists.) whereas a ticketless passenger might not domestic passengers the domestic If the notice sheet is to be provided only have proof of the fare that had been notices would fit on one side of such a upon request, manuals and training agreed to in the event a higher charge sheet. A sample of a domestic notice would probably have to be updated to is posted to his or her credit card. Once may be found at http://www.dot.gov/ ensure that carrier agents are aware of again, however, consumer complaints general/rules/aviation.html. the distinction between this notice and filed with DOT show no clear indication ASTA and other commenters also other written material that passengers of a problem in this area. In 1996 we suggested that airport signs may be a are entitled to see upon request, e.g. the received 52 complaints against U.S. superior method for providing notice to detailed notice about boarding priorities carriers concerning alleged overcharges, ticketless passengers. While we are and denied boarding compensation (14 but only one of them involved a totally- Federal Register / Vol. 62, No. 77 / Tuesday, April 22, 1997 / Rules and Regulations 19477 ticketless carrier. The statistics do not advantageous to continue to provide the the ballast, replacement, or removal/ indicate how many of the remaining written DOT ticket notices to ticketless disconnection of the ballast, if complaints may have involved ticketless passengers in advance or to consider necessary. That action also requires, for transactions, but of the 36 overcharge implementing the innovative some airplanes, removal of the dust complaints against Major U.S. carriers notification systems discussed in the barriers from the outboard ceiling (i.e., airlines with revenues over $1 comments submitted in this docket panels, and installation of modified billion per year), only three were against (some of which are summarized above). outboard ceiling panels. This Southwest Airlines or United Airlines, In this regard, carriers may ultimately amendment would add a requirement to two Major carriers with the earliest decide that it is in their overall best replace certain ballasts on which a electronic ticketing programs. financial interest to do so considering protective cover is installed with other We have no rules that require that the preemption protections of 49 ballasts, or removal/disconnection of reservation or fare information to appear U.S.C. 41713 and 14 CFR 253.1 may not the ballast. This amendment is on conventional tickets, and we will not apply unless notice of contract of prompted by additional reports of heavy require this information to be furnished carriage terms is provided to ticketless smoke and fumes emitting from the in writing to ticketless passengers at this passengers at the time of sale either ceiling panels in the forward passenger time. As far as we are aware, all airlines orally or by contemporaneously mailed cabin due to the failure of the that offer electronic ticketing provide a (or faxed, emailed, etc.) written notice. fluorescent light ballasts. The actions paper itinerary showing the fare and The policy described here does not specified in this AD are intended to reservation status either automatically affect the existing notice requirements prevent a fire in the passenger or upon request. With most carriers, for conventional paper tickets. Those compartment, which could result from passengers also have the option of a tickets must continue to be failure of the fluorescent light ballast of conventional paper ticket if they prefer. accompanied by the written notices the upper and lower cabin sidewall, and A large percentage of ticketless described in DOT regulations. consequent failure of the dust barriers of transactions are paid for by credit card, Accordingly, it shall be the the outboard ceiling panel. and those passengers have the dispute- compliance policy of the Department DATES: Effective May 7, 1997. resolution procedures of the Fair Credit that ticket notices required by Billing Act available to them in the Department regulations shall be given or The incorporation by reference of event of a problem. Nonetheless, we made readily available to electronically McDonnell Douglas Alert Service will continue to monitor complaints in ticketed passengers in writing in a Bulletin MD80–33A110, dated February these areas and will not hesitate to take manner such as described above no later 25, 1997, and McDonnell Douglas Alert further action in the future if it is than the time that they check in for the Service Bulletin MD80–33A110, warranted. first flight in their itinerary. Revision 1, dated March 11, 1997, as Likewise, the Department will listed in the regulations, is approved by continue to monitor the evolution of Issued this 8th day of April, 1997 at the Director of the Federal Register as of ticketless travel and any consumer Washington, D.C. May 7, 1997. problems that may arise from the Charles A. Hunnicutt, The incorporation by reference of practice. The compliance policy stated Assistant Secretary for Aviation and certain other publications, as listed in herein will be reconsidered if International Affairs. the regulations, was approved circumstances so justify. However, [FR Doc. 97–10147 Filed 4–21–97; 8:45 am] previously by the Director of the Federal before making any substantive change in BILLING CODE 4910±62±P Register as of June 17, 1996 (61 FR the policy, we will provide public 27251, May 31, 1996). notice of our planned actions. Comments for inclusion in the Rules DEPARTMENT OF TRANSPORTATION We note that under present rules, Docket must be received on or before certificated carriers must maintain June 23, 1997. consumer complaint records for a Federal Aviation Administration period of three years, flight coupons ADDRESSES: Submit comments in from tickets for a period of one year, and 14 CFR Part 39 triplicate to the Federal Aviation other records related to errors, oversales, [Docket No. 97±NM±61±AD; Amendment Administration (FAA), Transport irregularities, and delays in handling of 39±9995; AD 97±08±07] Airplane Directorate, ANM–103, passengers for a period of one year. (14 Attention: Rules Docket No. 97–NM– CFR 249.20.) While we see no need at RIN 2120±AA64 61–AD, 1601 Lind Avenue, SW., Renton, Washington 98055–4056. this time to impose additional Airworthiness Directives; McDonnell recordkeeping requirements on carriers Douglas Model DC±9±80 Series The service information referenced in using electronic ticketing systems, we Airplanes and Model MD±88 Airplanes this AD may be obtained from encourage all carriers to maintain McDonnell Douglas Corporation, 3855 records sufficient and in such a fashion AGENCY: Federal Aviation Lakewood Boulevard, Long Beach, as to help the Department make Administration, DOT. California 90846, Attention: Technical informed decisions in the future in this ACTION: Final rule; request for Publications Business Administration, important and evolving area of air comments. Department C1–L51 (2–60). This transportation. information may be examined at the The compliance policy set forth above SUMMARY: This amendment supersedes FAA, Transport Airplane Directorate, is an attempt to provide carriers the an existing airworthiness directive (AD), 1601 Lind Avenue, SW., Renton, maximum flexibility to develop their applicable to certain McDonnell Washington; or at the FAA, Transport ticketless travel systems while at the Douglas Model DC–9–80 series Airplane Directorate, Los Angeles same time providing a measure of airplanes and Model MD–88 airplanes, Aircraft Certification Office, 3960 protection to consumers from unfair or that currently requires an inspection to Paramount Boulevard, Lakewood, deceptive practices prohibited by 49 determine the type of fluorescent light California; or at the Office of the Federal U.S.C. 41712. At the same time, ballasts installed in the cabin sidewall; Register, 800 North Capitol Street, NW., however, carriers may find it and installation of a protective cover on suite 700, Washington, DC.