Disclosure of Code Sharing Arrangements and Long-Term Wet Leases

ICR 201804-2105-002

OMB: 2105-0537

Federal Form Document

Forms and Documents
Document
Name
Status
Supplementary Document
2018-04-11
Supplementary Document
2018-04-11
Supporting Statement A
2018-05-03
Supplementary Document
2008-10-09
Supplementary Document
2008-10-09
Supplementary Document
2008-10-09
Supplementary Document
2008-10-09
IC Document Collections
ICR Details
2105-0537 201804-2105-002
Active 201112-2105-001
DOT/OST 2105-0537
Disclosure of Code Sharing Arrangements and Long-Term Wet Leases
Reinstatement with change of a previously approved collection   No
Regular
Approved without change 08/09/2018
Retrieve Notice of Action (NOA) 05/23/2018
  Inventory as of this Action Requested Previously Approved
08/31/2021 36 Months From Approved
82,720,000 0 0
455,638 0 0
11,709,843 0 0

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). The Department recognizes the strong preference of air travelers for on-line service (service by a single carrier) on connecting flights over interline service (service by multiple carriers). Codesharing arrangements are, in part, a marketing response to this demand for on-line service. Often, codesharing partners offer services similar to those available for on-line connections with the goal of offering ''seamless'' service (i.e., service where the transfers from flight to flight or airline to airline are facilitated). For example, they may locate gates near each other to make connections more convenient or coordinate baggage handling to give greater assurance that baggage will be properly handled. Codesharing arrangements can help airlines operate more efficiently because they can reduce costs by providing a joint service with one aircraft rather than operating separate services with two aircraft. Particularly in thin markets, this efficiency can lead to increased price and service options for consumers or enable the use of equipment sized appropriately for the market. Therefore, the Department recognizes that codesharing, as well as long-term wet leases, can offer significant economic benefits. Although codesharing and wet-lease arrangements can offer significant consumer benefits, they can also be misleading unless consumers know that the transportation they are considering for purchase will not be provided by the airline whose designator code is shown on the ticket, schedule, or itinerary and unless they know the identity of the airline on which they will be flying. The growth in the use of codesharing, wetleasing, and similar marketing tools, particularly in international air transportation, had given the Department concern about whether the then-current disclosure rules (14 CFR 399.88) protected the public interest adequately and led the Department to adopt specific regulations requiring the disclosure of code-sharing arrangements and long-term wet leases on March 15, 1999. (14 CFR part 257) These regulations required U.S. airlines, foreign airlines and travel agents doing business in the United States, to notify passengers of the existence of code-sharing or long-term wet lease arrangements. It also required U.S. airlines, foreign airlines and travel agents to tell prospective consumers, in all oral communications before booking transportation, that the transporting airline is not the airline whose designator code will appear on travel documents and identify the transporting airline by its corporate name and any other name under which that service is held out to the public.

US Code: 49 USC 41712 Name of Law: Unfair and deceptive practices and unfair methods of competition
  
None

2105-AE11 Final or interim final rulemaking 81 FR 76800 11/03/2016

  82 FR 42877 09/12/2017
83 FR 14548 04/04/2018
No

1
IC Title Form No. Form Name
Disclosure of Code Sharing Arrangements and Long-Term Wet Leases

  Total Approved Previously Approved Change Due to New Statute Change Due to Agency Discretion Change Due to Adjustment in Estimate Change Due to Potential Violation of the PRA
Annual Number of Responses 82,720,000 0 0 -234,280,000 0 317,000,000
Annual Time Burden (Hours) 455,638 0 0 -850,728 0 1,306,366
Annual Cost Burden (Dollars) 11,709,843 0 0 11,709,843 0 0
No
Yes
Using Information Technology
The code-share disclosure rule was amended to require that carriers and ticket agents must disclose any code-share arrangements on their websites, including mobile websites and applications; clarify the format in which that information must be displayed and; specify that verbal code-share disclosures should be made the first time a flight involving a code-share arrangement is offered to consumers or the first time a consumer inquiries about such a flight whether by telephone or in person conversations. Although the rule requires respondents to disclose codeshare information the first time a consumer makes an inquiry, the burden has decreased because there are less respondents (e.g. air carriers and ticket agents) that are subject to the rule and less live phone calls due to changes in technology.

$0
No
    No
    No
No
No
No
Uncollected
Daeleen Chesley 202 366-6792

  No

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
 
 
 
 
 
 
 
    (i) Why the information is being collected;
    (ii) Use of information;
    (iii) Burden estimate;
    (iv) Nature of response (voluntary, required for a benefit, or mandatory);
    (v) Nature and extent of confidentiality; and
    (vi) Need to display currently valid OMB control number;
 
 
 
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
05/23/2018


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