PART 399—STATEMENTS OF GENERAL POLICY Authority: 49 U.S.C. 41712, 40113(a). Source: PS-21, 29 FR 1446, Jan. 29, 1964, unless otherwise noted. Editorial Note: Nomenclature changes to part 399 appear at 84 FR 15947, Apr. 16, 2019. Subpart A—Applicability and Effects of Policy Statements § 399.1 Applicability. All statements of general policy adopted by the Department for the guidance of the public will be published in this part, except as provided in § 399.2. § 399.2 Exclusions. The following types of policies are generally not included in this part: (a) Policies relating solely to the internal management of the Department; (b) Policies requiring secrecy in the public interest or in the interest of national defense; (c) Policies that are repetitive of 49 U.S.C. 40101; (d) Policies that are fully expressed in a procedural or substantive rule of the Department, or in any opinion, decision, order, certificate, permit, exemption, or waiver of the Department; (e) Expressions of encouragement or admonition to industry to follow a certain course of action; (f) Positions on legislative items and on other matters that are outside the scope of the Department's current statutory powers and duties. [PS-21, 29 FR 1446, Jan. 29, 1964, as amended by PS-63, 40 FR 6643, Feb. 13, 1975, Doc. No. DOT-OST-2014-0140, 84 FR 15947, Apr. 16, 2019] § 399.3 Statements in other Department documents. No statement contained in any Department opinion, decision, order, certificate, permit, exemption, or waiver shall be considered a statement of policy within the meaning of this part, even though such statements may constitute a precedent in future cases or declare future policy to be followed in like cases. Similarly, a denial by the Department or relief sought, or statements of the Department's reasons for failure to issue a rule upon which rulemaking proceedings have been commenced shall not be considered statements of policy, except to the extent that it is specifically stated that such denial or failure is based upon a policy thereafter to be followed. § 399.4 Nature and effect of policy statements. Policy statements published in this part will be observed by the Department until rescinded, but any policy may be amended from time to time as experience or changing conditions may require. Changes in policy may be made with or without advance notice to the public and will become effective upon publication in the Federal Register [PS-21, 29 FR 1446, Jan. 29, 1964, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15947, Apr. 16, 2019] § 399.5 Arrangement of policy statements. The statements of general policy relating to the various duties and functions of the Department are grouped according to subject matter in the following subparts; the titles of the subparts indicate the general subject matter included therein. Subpart B—Policies Relating to Operating Authority §§ 399.10-399.11 [Reserved] § 399.12 Negotiation by air carriers for landing rights in foreign countries. (a) It is the policy of the Department(jointly with the Department of State) that, as a general rule, landing rights abroad for United States flag air carriers will be acquired through negotiation by the U.S. Government with foreign governments rather than by direct negotiation between an air carrier and a foreign government. (b) It is corollary to the foregoing policy that no United States air carrier may avail itself of representations by one foreign government to further its interest with another foreign government, especially with respect to landing rights, except insofar as such representations have been specifically authorized by the U.S. Government. §§ 399.13-399.17 [Reserved] § 399.18 Maximum duration of fixed-term route authorization granted by exemption; renewal of such authority. It is the policy of the Department to limit the duration of exemptions which authorize fixed-term route service to a maximum period of two years, and to entertain requests for renewal of such authority only when incorporated in a duly filed application for substantially equivalent certificate authority under section 401 of the Act. (See § 377.10(c) of this chapter (Special Regulations).) [PS-21, 29 FR 1446, Jan. 29, 1964, as amended at 65 FR 6457, Feb. 9, 2000] § 399.19 [Reserved] § 399.21 Charter exemptions (except military). In deciding applications for exemptions from section 41102 of Title 49 of the United States Code by air carriers seeking to perform charter service in air transportation, we will give primary weight to the chartering public's own assessment of the air carrier services that best meet its transportation needs. Therefore, we will not, as a general rule, consider as relevant to our decision on such applications, objections based upon (1) offers by the objectors to perform the charter service, and/or (2) estimates of revenue or traffic diversion, unless in the latter case the objectors demonstrate that the diversion resulting from grant of the exemption would threaten their ability to fulfill their certificate obligations. [PS-78, 43 FR 31886, July 24, 1978, as amended at 60 FR 43531, Aug. 22, 1995] Subpart C—Policies Relating to Rates and Tariffs § 399.35 Special tariff permission. The Secretary of Transportation may approve, under such terms as the Secretary may require, a carrier's application for Special Tariff Permission to file a tariff for foreign air transportation required under part 293 of this chapter on less than the notice required by 49 U.S.C. 41504(b). [Doc. No. DOT-OST-2014-0140, 84 FR 15947, Apr. 16, 2019] § 399.36 Unreasonable discrimination. (a) As used in this section: (1) Unreasonable discrimination (2) Rate (b) Except in unusual circumstances or as provided in paragraph (c) of this section, the Departmentwill find a rate for domestic air transportation to constitute unreasonable discrimination only if: (1) There is a reasonable probability that the rate will result in significant long-run economic injury to passengers or shippers; (2) The rate is in fact discriminatory according to a reasonable cost allocation or other rational basis; (3) The rate does not provide transportation or other statutorily recognized benefits that justify the discrimination; and (4) Actual and potential competitive forces cannot reliably be expected to eliminate the undesirable effects of the discrimination within a reasonable period. (c) A rate that discriminates on the basis of the status of the traffic carried will not be presumed to be unreasonably discriminatory, unless the use of the status categories in question is contrary to established national anti-discrimination policy. [PS-93, 45 FR 36062, May 29, 1980] § 399.39 Equipment purchase deposits. Equipment purchase deposits are advance payments made by air carriers to manufacturers for the purchase of equipment to be delivered in the future, or funds segregated by air carriers for this purpose. It is the policy of the Department not to recognize equipment purchase deposits in an air carrier's investment base for ratemaking purposes. When equipment is acquired by an air carrier and placed in air-transport service, the Department will recognize in the air carrier's investment base interest on purchase deposits on such equipment capitalized and amortized in accordance with the Uniform System of Accounts and Reports for Certificated Air Carriers (part 241 of this chapter). [PS-32, 32 FR 5370, Mar. 30, 1967] Appendix A to Subpart C of Part 399—Example of SIFL Adjustment [Methodology for determining change in operating expense per available seat-mile] [See footnotes at end of table] Year ended September 1979 Trunks Locals Trunks plus locals Total passenger/cargo 16 Total operating expense 1 $16,455 $2,522 $18,977 $19,384 Less: All-cargo expenses 2 269 269 269 Belly offset 3 952 153 1,105 1,153 Nonscheduled 4 141 46 187 205 Transport related 5 379 31 410 416 Plus: Capitalized lease adjustment 10 119 2 121 121 Passenger operating expense 14,833 2,294 17,127 17,462 Passenger fuel cost 11 4,103 N.A. Scheduled service ASM's (mils.) 281,671 33,051 314,722 318,459 Passenger nonfuel operating expense per ASM (dollars) .04138 N.A. Passenger fuel expense per ASM (dollars) .01304 N.A. Total passenger expense per ASM (dollars) .05442 .05483 Year ended September 1978 Total operating expense 1 14,081 2,033 16,114 16,448 Less: All-cargo expenses 2 282 282 282 Belly offset 3 869 152 1,021 1,065 Nonscheduled 4 193 53 246 256 Transport related 5 419 30 449 454 Plus: Capitalized lease adjustment 10 78 1 79 79 Passenger operating expense 12,396 1,799 14,195 14,470 Passenger fuel cost 11 3,129 N.A. Scheduled service ASM's (mils.) 262,068 27,067 289,135 292,255 Passenger nonfuel operating expense per ASM (dollars) .03827 N.A. Passenger fuel expense per ASM (dollars) .01082 N.A. Total passenger expense per ASM (dollars) .04909 .04951 Percent change in nonfuel operating expense per ASM (percent) 8.13 N.A. Projected change in nonfuel expense from April 1, 1979 to April 1, 1980 6 8.13 N.A. Estimated change in fuel cost, year ended September 1979 average to April 1, 1980 14 73.06 N.A. Nonfuel operating expense per ASM at April 1, 1980 7 .04474 N.A. Fuel expense per ASM at April 1, 1980 7 .02257 N.A. Total expense per ASM at April 1, 1980 7 .06731 15 Year ended March 1977 Total operating expense 1 $11,726 $1,520 $13,316 $13,601 Less: All-cargo expense 2 238 238 238 Belly offset 3 729 96 825 865 Nonscheduled 4 220 35 225 266 Transport related 5 427 111 538 554 Passenger operating expense 10,112 1,348 11,460 11,678 Passenger fuel cost 2,190 230 2,420 N.A. Scheduled service ASM's (mils.) 239,593 23,428 263,021 265,837 Operating expense per ASM (dollars) .04221 .05754 .04357 .04393 Projected expense per ASM (dollars) as at July 1, 1977 13 .04593 Projected operating expense per ASM as at April 1, 1980 (page 1) (dollars) .06782 Ceiling adjustment factor 8 47.66 D.P.F.I. formula effective July 15, 1977 12 Terminal charge $16.16 Plus .0884/mile (0-500 miles). Plus .0674/mile (501-1,500 miles). Plus .0648/mile (over 1,500 miles). Ceiling formula through April 30, 1980 9 Terminal charge $23.86 Plus .1305/mile (0-500 miles). Plus .0995/mile (501-1,500 miles). Plus .0957/mile (over 1,500 miles). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 [PS-92, 45 FR 24119, Apr. 9, 1980, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15947, Apr. 16, 2019] Subpart D [Reserved] Subpart E—Policies Relating to Hearing Matters § 399.60 Standards for determining priorities of hearing. (a) General. (b) Standards. (1) Statutory requirements for preference or statutory limitations on the time within which the Department shall act; (2) The impact of delay on the public or particular persons; (3) The need for promptly securing compliance with the provisions of the Act; (4) The time for which the matter has already been pending and which would be required to dispose of it; (5) Whether the application requests renewal of an existing temporary authorization; and (6) In matters relating to operating authority: (i) Whether a proposal might reduce subsidy or increase economy of operations; (ii) Whether an application proposes new service; (iii) The volume of traffic that might be affected by the grant or denial of the proposal; (iv) The period that has elapsed since the Department considered the service needs of the places or areas involved; and (v) The relative availability of necessary staff members of the carriers, communities and the Department, in the light of other proceedings already in progress, to handle the processing of the case. Interested persons may urge upon the Department such considerations as they believe should lead it to accord a particular application a priority different from that which the Department has given it. [PS-21, 29 FR 1446, Jan. 29, 1964, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15947, Apr. 16, 2019] § 399.61 Presentations of public and civic bodies in route proceedings. For the purpose of implementing the Department's policy to provide for the exclusion of irrelevant, immaterial, or unduly repetitious evidence and otherwise to expedite route proceedings, and in light of experience, the following guidelines are hereby established: (a) Public and civic bodies which represent the same geographic area or community should consolidate their presentation of evidence, briefs or oral argument to the examiner and the Department; (b) A public body or a civic organization, or several such bodies or organizations whose presentation of evidence is consolidated, should keep to a minimum the number of witnesses used to present the factual evidence in support of the community's position; (c) Exhibits offered in evidence by a public body or civic organization should be limited to evidence of the economic characteristics of the community and area involved, data as to community of interest and traffic, evidence with respect to the sufficiency of existing service, and airport data, and should not include data relating to number of electricity, water and gas meters, telephones, schools, freight car loadings, building permits, sewer connections, or volume of bank deposits in the community. § 399.62 Target dates in hearing cases. (a) Applicability. (b) Issuance of target dates. (c) Time for promulgating target dates. (2) In the case of petitions for review or for reconsideration, notices of target dates shall be issued, served, and filed within 20 days of the date for the filing of answers: Provided, [PS-71, 41 FR 41407, Sept. 22, 1976, as amended by PS-73, 42 FR 21611, Apr. 28, 1977] § 399.63 Role of staff in route proceedings. (a) General. (b) Standards. (1) In route cases designated by the Department that offer the opportunity for developing new policies, the staff shall make a prehearing presentation of the decisional options available, and describe the kinds of evidence needed or available to develop each option. The staff need not and should not be required to develop evidence on each option. In every case, after the close of the hearing, however, the staff shall advocate a position based upon one or more of the decisional options identified in its prehearing presentation or developed at trial. (2) In any route case in which the administrative law judge finds that there exists unusual policy or evidentiary issues clearly requiring a prehearing presentation, the staff shall submit a prehearing statement of the decisional options available. (3) To the extent possible, the Department, in its instituting orders, will identify or designate the cases which involve the development of new policies or unusual evidentiary issues that will require the type of staff participation described in § 399.63(b)(1). [PS-76, 43 FR 19354, May 5, 1978] Subpart F—Policies Relating to Rulemaking Proceedings § 399.70 Cross-references to the Office of the Secretary's Rulemaking Procedures. The rules and policies relating to the disposition of rulemaking petitions by the Department of Transportation Office of the Secretary are located in its rulemaking procedures contained in 49 CFR part 5. The criteria for identifying significant rules and determining whether a regulatory analysis will be performed are set forth in the Department's Regulatory Policies and Procedures, 44 FR 11034, February 26, 1979, and Executive Order 12866. [Doc. No. OST-96-1429, 61 FR 29019, June 7, 1996] § 399.73 Definition of small business for Regulatory Flexibility Act. For the purposes of the Department's implementation of chapter 6 of title 5, United States Code (Regulatory Flexibility Act), a direct air carrier or foreign air carrier is a small business if it provides air transportation only with small aircraft as defined in § 298.2 of this chapter (up to 60 seats/18,000 pound payload capacity). [Doc. No. OST-96-1429, 61 FR 29019, June 7, 1996, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15947, Apr. 16, 2019] § 399.75 Rulemakings relating to unfair or deceptive practices. (a) General. (b) Procedural requirements. (1) Request for a hearing. (2) Grant of petition for hearing. prima facie (i) The proposed rule depends on conclusions concerning one or more specific scientific, technical, economic, or other factual issue that is genuinely in dispute or that may not satisfy the requirements of the Information Quality Act (Section 515 of Pub. L. 106-554); (ii) The ordinary public comment process is unlikely to provide an adequate examination of the issues to permit a fully informed judgment; and (iii) The resolution of the disputed factual issues would likely have a material effect on the costs and benefits of the proposed rule. (3) Denial of petition for hearing. (4) Explanation and appeal of denial. (5) Hearing notice. Federal Register. (6) Hearing process. (ii) The General Counsel shall arrange for a neutral officer to preside over the hearing and shall provide a reasonable opportunity to question the presenters. (iii) After the hearing and after the record of the hearing is closed, the hearing officer shall place in the docket minutes of the hearing with sufficient detail as to reflect fully the evidence and arguments presented on the issues, along with proposed findings addressing the disputed issues of fact identified in the hearing notice. (iv) Interested parties who participated in the hearing shall be given an opportunity to file statements of agreement or objection in response to the hearing officer's proposed findings. The complete record of the hearing shall be made part of the rulemaking record. (7) Actions following hearing. (ii) If the General Counsel decides to terminate the rulemaking, the General Counsel shall publish a document in the Federal Register (iii) If the General Counsel decides to finalize the proposed rule without material modifications, the General Counsel shall explain the reasons for the decision and provide responses to the hearing record in the preamble to the final rule. (iv) If the General Counsel decides to modify the proposed rule in material respects, the General Counsel shall publish a new or supplemental notice of proposed rulemaking in the Federal Register (8) Interagency review process. (c) When issuing a proposed regulation under this section that is defined as high impact or economically significant within the meaning of DOT Order 2100.6B or 49 CFR part 5, the Department shall follow the procedural requirements set forth therein. [DOT-OST-2025-0633, 91 FR 39878, July 1, 2026] Subpart G—Policies Relating to Enforcement § 399.79 Policies relating to unfair and deceptive practices. (a) Applicability. (b) Definitions. (2) A practice is “deceptive” to consumers if it is likely to mislead a consumer, acting reasonably under the circumstances, with respect to a material matter. A matter is material if it is likely to have affected the consumer's conduct or decision with respect to a product or service. (c) Intent. (d) Specific regulations prevail. (e) Informal enforcement proceedings (i) In cases where a specific regulation applies, evidence tending to establish that the regulation at issue was not violated and, if applicable, that mitigating circumstances apply; (ii) In cases where a specific regulation does not apply, evidence tending to establish that the conduct at issue was not unfair or deceptive as defined in paragraph (b) of this section; and (iii) Evidence tending to establish that consumer harm was limited, or that the air carrier, foreign air carrier, or ticket agent has taken steps to mitigate consumer harm. (2) During this informal process, if the Office of Aviation Consumer Protection reaches agreement with the alleged violator to resolve the matter with the issuance of an order declaring a practice in air transportation or the sale of air transportation to be unfair or deceptive to consumers under the authority of 49 U.S.C. 41712(a), and when a regulation issued under the authority of section 41712 does not apply to the practice at issue, then the Department shall articulate in the order the basis for concluding that the practice is unfair or deceptive to consumers as defined in this section. (f) Formal enforcement proceedings before an administrative law judge. [Docket No. DOT-OST-2019-0182, 85 FR 78717, Dec. 7, 2020, as amended at 86 FR 17294, Apr. 2, 2021; Docket No. DOT-OST-2021-0142, 88 FR 39353, June 16, 2023; DOT-OST-2025-0633, 91 FR 39878, July 1, 2026] § 399.80 Unfair and deceptive practices of ticket agents. It is the policy of the Department to regard as an unfair or deceptive practice or unfair method of competition the practices enumerated in paragraphs (a) through (n) of this section by a ticket agent of any size and the practice enumerated in paragraph (s) of this section by a ticket agent that sells air transportation online and is not considered a small business under the Small Business Administration's size standards set forth in 13 CFR 121.201: (a) Misrepresentations 1 1 (b) Using or displaying or permitting or suffering to be used or displayed the name, trade name, slogan or any abbreviation thereof, of the ticket agent, in advertisements, on or in places of business, or on aircraft in connection with the name of an air carrier with whom it does business, in such manner that it may mislead or confuse the traveling public with respect to the agency status of the ticket agent. (c) Misrepresentations as to the quality or kind of service, type or size of aircraft, time of departure or arrival, points served, route to be flown, stops to be made, or total trip-time from point of departure to destination. (d) Misrepresentation as to qualifications of pilots or safety record or certification of pilots, aircraft or air carriers. (e) Misrepresentations that passengers are directly insured when they are not so insured; for example, where the only insurance in force is that protecting the air carrier in event of liability. (f) Misrepresentations as to fares and charges for air transportation or services in connection therewith. (g) Misrepresentation that special discounts or reductions are available, when such discounts or reductions are not specific in the lawful tariffs of the air carrier which is to perform the transportation. (h) [Reserved] (i) Misrepresentations that special priorities for reservations are available when such special considerations are not in fact granted to members of the public generally. (j) Selling air transportation to persons on a reservation or charter basis for specified space, flight, or time, or representing that such definite reservation or charter is or will be available or has been arranged, without a binding commitment with an air carrier for the furnishing of such definite reservation or charter as represented or sold. (k) Selling or issuing tickets or other documents to passengers to be exchanged or used for air transportation knowing or having reason to know or believe that such tickets or other documents will not be or cannot be legally honored by air carriers for air transportation. (l) Failing to make a prompt refund of airfare (including any taxes and ancillary fees) to a consumer, upon request, for a cancelled flight or a significantly delayed or changed flight if the consumer chooses not to travel or accept compensation in lieu of a refund in situations described in 14 CFR 260.6(a) and (b) when the ticket agent is the merchant of record. Failing to provide a prompt refund of airfare (including any taxes and ancillary fees), upon request, for a significantly delayed or changed flight itinerary to consumers on the same reservation as an individual with a disability who does not want to continue travel because of a significant change described in paragraph (l)(1)(vii)(E) of this section related to downgrades or paragraph (l)(1)(vii)(G) of this section related to aircraft substitution which result in one or more accessibility features needed by the individual with a disability becoming unavailable or because of the significant change described in paragraph (l)(1)(vii)(F) of this section related to change in connecting airports. A prompt refund is one that is made within 7 business days of the ticket agent receiving information from a carrier as specified in 14 CFR 260.6(d), as required by 12 CFR part 1026 for credit card purchases, and within 20 calendar days of refund becoming due for cash, check, debit card, or other forms of purchases. Ticket agents must provide the refunds in the original form of payment ( i.e., (1) For purposes of this paragraph (l), the following definitions apply: (i) Business days (ii) Cancelled flight cancellation means (iii) Cash equivalent e.g., (iv) Class of service (v) Covered flight (vi) Merchant of record (vii) Significant delayed or changed flight (A) The consumer is scheduled to depart from the origination airport three hours or more for domestic itineraries and six hours or more for international itineraries earlier than the original scheduled departure time; (B) The consumer is scheduled to arrive at the destination airport three hours or more for domestic itineraries or six hours or more for international itineraries later than the original scheduled arrival time; (C) The consumer is scheduled to depart from a different origination airport or arrive at a different destination airport; (D) The consumer is scheduled to travel on an itinerary with more connection points than that of the original itinerary; (E) The consumer is downgraded to a lower class of service; (F) The consumer with a disability is scheduled to travel through one or more connecting airports that are different from the original itinerary; or (G) The consumer with a disability is scheduled to travel on substitute aircraft on which one or more accessibility features needed by the passenger are unavailable. (m) Misrepresentations regarding the handling, forwarding or routing of baggage or other property, or the loss or tracing thereof, or failing or refusing to honor proper claims for loss of or damage to baggage or other property. (n) Misrepresentation as to the requirements that must be met by persons or organizations in order to qualify for charter or group fare flights. (o)-(r) [Reserved] (s) Failing to disclose and offer web-based discount fares to prospective passengers who contact the agent through other channels ( e.g., [PS-21, 29 FR 1446, Jan. 29, 1964, as amended at 78 FR 67916, Nov. 12, 2013; Docket No. DOT-OST-2014-0056, 81 FR 76829, Nov. 3, 2016; Doc. No. DOT-OST-2014-0140, 84 FR 15947, Apr. 16, 2019; DOT-OST-2022-0089, 89 FR 32838, Apr. 26, 2024; DOT-OST-2022-0109, 89 FR 34674, Apr. 30, 2024; DOT-OST-2022-0089, 89 FR 65538, Aug. 12, 2024; DOT-OST-2026-0199, 91 FR 40371, July 2, 2026] § 399.81 Unrealistic or deceptive scheduling. (a) The unrealistic scheduling of flights by any air carrier providing scheduled passenger air transportation is an unfair or deceptive practice and an unfair method of competition within the meaning of 49 U.S.C. 41712. (b) With respect to the advertising of schedule performance, it is an unfair or deceptive practice and an unfair method of competition to use any figures purporting to reflect schedule or on-time performance without indicating the basis of the calculation, the time period involved, and the pairs of points or the percentage of system-wide operations thereby represented and whether the figures include all scheduled flights or only scheduled flights actually performed. (c) Chronically delayed flights. (2) For the purposes of this paragraph (c), a chronically delayed flight means any domestic flight that is operated at least 10 times a month, and arrives more than 30 minutes late (including cancelled flights) more than 50 percent of the time during that month. (3) For purposes of this paragraph (c), the Department considers all of a carrier's flights that are operated in a given city-pair market whose scheduled departure times are within 30 minutes of the most frequently occurring scheduled departure time to be one single flight. (4) The holding out of a chronically delayed flight for more than four consecutive one-month periods represents one form of unrealistic scheduling and is an unfair or deceptive practice and an unfair method of competition within the meaning of 49 U.S.C. 41712. [Doc. No. DOT-OST-2007-0022, 74 FR 69003, Dec. 30, 2009; Doc. No. DOT-OST-2014-0140, 84 FR 15947, Apr. 16, 2019] § 399.82 Passing off of carrier identity by affiliation between carriers. (a) Applicability. (b) Definition. affiliation, (1) Owns or controls 10 percent or more of the securities of the other, with or without an accompanying power to vote; (2) Is jointly controlled with the other carrier, directly or indirectly by a third person; or (3) Provides general agency services for the other carrier. For the purpose of this statement, general agency services (c) Minimum safeguards. (1) An air carrier and any affiliated foreign air carrier shall not engage in joint public relations activities at points served by both carriers which tend to pass off the services of one carrier as the services of the other carrier or as part of a unified system of which each is a part; (2) Where one affiliated carrier provides general agency services for the other carrier, at points served by both carriers, it shall specifically identify all flights of the other carrier as flights of that carrier without reference to any relationship to the carrier performing the agency services; (3) All forms of display (including aircraft insignia), scheduled publications, advertising, or printed matter employed by affiliated carriers shall not state or imply that the services of either carrier are performed in common with the other carrier or as part of a single system. In cases where it is necessary to indicate that any agency service is performed by one affiliated carrier for the other, the references to the carrier performing the agency should be sufficiently subordinated to the name of the other carrier as to emphasize the limited role of the agent; (4) Telephone facilities at points served by both carriers should preserve the identity of the individual carriers; (5) Where joint traffic or sales facilities are maintained by affiliated carriers, the separate identity of each carrier should be maintained by reasonably comparable use of display advertising, desk-space, personnel uniforms, and other facilities and activities; (6) Where one carrier sells time payment tickets for travel over the other carrier (except interline travel), the application form should identify the carrier performing the transportation; (7) The respective personnel of the affiliated carriers shall preserve the individual identity of the respective carriers in all public dealings. (d) Unfair and deceptive practice. (e) Exceptions. [PS-29, 30 FR 13781, Oct. 29, 1965, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15947, Apr. 16, 2019] § 399.83 Unfair or deceptive practice of air carrier, foreign air carrier, or ticket agent in orally confirming to prospective passenger reserved space on scheduled flights. It is the policy of the Department to consider the practice of an air carrier, foreign air carrier, or ticket agent, of stating to a prospective passenger by telephone or other means of communication that a reservation of space on a scheduled flight in air transportation is confirmed before a passenger has received a ticket specifying thereon his confirmed reserved space, to be an unfair or deceptive practice and an unfair method of competition in air transportation or the sale thereof within the meaning of 49 U.S.C. 41712, unless the tariff of the particular air carrier or foreign air carrier provides for confirmation of reserved space by the means so used. [PS-58, 39 FR 38096, Oct. 29, 1974, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15948, Apr. 16, 2019] § 399.84 Price advertising and opt-out provisions. (a) The Department considers any advertising or solicitation by a direct air carrier, indirect air carrier, an agent of either, or a ticket agent, for passenger air transportation, a tour ( i.e., e.g., e.g., (b) The Department considers any advertising by the entities listed in paragraph (a) of this section of an each-way airfare that is available only when purchased for round-trip travel to be an unfair and deceptive practice in violation of 49 U.S.C. 41712, unless such airfare is advertised as “each way” and in such a manner so that the disclosure of the round-trip purchase requirement is clearly and conspicuously noted in the advertisement and is stated prominently and proximately to the each-way fare amount. The Department considers it to be an unfair and deceptive practice to advertise each-way fares contingent on a round-trip purchase requirement as “one-way” fares, even if accompanied by prominent and proximate disclosure of the round trip purchase requirement. (c) When offering a ticket for purchase by a consumer, for passenger air transportation or for a tour ( i.e., e.g., i.e., i.e., [76 FR 23166, Apr. 25, 2011, as amended by DOT-OST-2022-0109, 89 FR 34674, Apr. 30, 2024; DOT-OST-2026-0199, 91 FR 40371, July 2, 2026] § 399.85 Notice of baggage fees and other fees. (a) If a U.S. or foreign air carrier has a website accessible for ticket purchases by the general public in the U.S., the carrier must promptly and prominently disclose any increase in its fee for carry-on or first and second checked bags and any change in the first and second checked bags or carry-on allowance for a passenger on the homepage of that website ( e.g., (b) If a U.S. carrier, a foreign air carrier, an agent of either, or a ticket agent has a website accessible for ticket purchases by the general public in the U.S., the carrier or agent must clearly and prominently disclose on the first screen in which the agent or carrier offers a fare quotation for a specific itinerary selected by a consumer that additional airline fees for baggage may apply and where consumers can see these baggage fees. An agent may refer consumers to the airline websites where specific baggage fee information may be obtained or to its own site if it displays airlines' baggage fees. (c) On all e-ticket confirmations for air transportation within, to or from the United States, including the summary page at the completion of an online purchase and a post-purchase email confirmation, a U.S. carrier, a foreign air carrier, an agent of either, or a ticket agent that advertises or sells air transportation in the United States must include information regarding the passenger's free baggage allowance and the applicable fee for a carry-on bag and the first and second checked bag. Carriers must provide this information in text form in the e-ticket confirmation. Agents may provide this information in text form in the e-ticket confirmations or through a hyperlink to the specific location on airline websites or their own website where this information is displayed. The fee information provided for a carry-on bag and the first and second checked bag must be expressed as specific charges taking into account any factors ( e.g., (d) If a U.S. or foreign air carrier has a website marketed to U.S. consumers where it advertises or sells air transportation, the carrier must prominently disclose on its website information on fees for all optional services that are available to a passenger purchasing air transportation. Such disclosure must be clear, with a conspicuous link from the carrier's homepage directly to a page or a place on a page where all such optional services and related fees are disclosed. For purposes of this section, the term “optional services” is defined as any service the airline provides, for a fee, beyond passenger air transportation. Such fees include, but are not limited to, charges for checked or carry-on baggage, advance seat selection, in-flight beverages, snacks and meals, pillows and blankets and seat upgrades. In general, fees for particular services may be expressed as a range; however, baggage fees must be expressed as specific charges taking into account any factors ( e.g., (e) For air transportation within, to or from the United States, a carrier marketing a flight under its identity that is operated by a different carrier, otherwise known as a code-share flight, must through its website disclose to consumers booked on a code-share flight any differences between its optional services and related fees and those of the carrier operating the flight. This disclosure may be made through a conspicuous notice of the existence of such differences on the marketing carrier's website or a conspicuous hyperlink taking the reader directly to the operating carrier's fee listing or to a page on the marketing carrier's website that lists the differences in policies among code-share partners. (f) The Department considers the failure to give the appropriate notice described in paragraphs (a) through (e) of this section to be an unfair and deceptive practice within the meaning of 49 U.S.C. 41712. [DOT-OST-2022-0109, 89 FR 34675, Apr. 30, 2024, as amended by DOT-OST-2026-0199, 91 FR 40371, July 2, 2026] § 399.86 Payments for non-air transportation services for air cargo. The Department considers that payments by air carriers and foreign air carriers to shippers, indirect air carriers, or foreign indirect air carriers for non-air transportation preparation of air cargo shipments are for services ancillary to the air transportation, and are not prohibited under section 403 of the Act. [PS-86, 44 FR 45609, Aug. 3, 1979] § 399.87 Baggage allowances and fees. For passengers whose ultimate ticketed origin or destination is a U.S. point, U.S. and foreign carriers must apply the baggage allowances and fees that apply at the beginning of a passenger's itinerary throughout his or her entire itinerary. In the case of code-share flights that form part of an itinerary whose ultimate ticketed origin or destination is a U.S. point, U.S. and foreign carriers must apply the baggage allowances and fees of the marketing carrier throughout the itinerary to the extent that they differ from those of any operating carrier. [Doc. No. DOT-OST-2010-0140, 76 FR 23167, Apr. 25, 2011] § 399.88 Prohibition on post-purchase price increase. (a) It is an unfair and deceptive practice within the meaning of 49 U.S.C. 41712 for any seller of scheduled air transportation within, to or from the United States, or of a tour ( i.e., e.g., (b) A seller of scheduled air transportation within, to or from the United States or a tour ( i.e. [Doc. No. DOT-OST-2010-0140, 76 FR 23167, Apr. 25, 2011, as amended by DOT-OST-2022-0109, 89 FR 34677, Apr. 30, 2024; DOT-OST-2026-0199, 91 FR 40372, July 2, 2026] § 399.89 Disclosure of potential for price increase before payment. Any seller of scheduled air transportation within, to or from the United States, or of a tour ( i.e. [Doc. No. DOT-OST-2010-0140, 76 FR 23167, Apr. 25, 2011] Subpart H—Other Policies Relating to Interests, Activities, and Relationships of Air Carriers § 399.91 Air carrier participation in programs of technical assistance to airlines of less developed countries. This policy shall apply to proceedings under 49 U.S.C. 41309 in which the Department is required to make any determination as to the public interest or consistency with 49 U.S.C. Subtitle VII of any agreement or relationship sought to be entered into by an air carrier, or officer or director thereof, with a foreign airline in connection with the performance of some activity pursuant to a technical assistance contract financed by an agency of the U.S. Government. [Doc. No. DOT-OST-2014-0140, 84 FR 15948, Apr. 16, 2019] Subparts I-J [Reserved] Subpart K—Policies Relating to Certificate Duration § 399.120 Duration of certificates in limited-entry markets. All certificate authority that the Department grants to U.S. air carriers in carrier selection proceedings will be awarded in the form of experimental certificates of five years' duration pursuant to49 U.S.C. 41102 and 41110. This provision does not alter or amend permanent certificates issued prior to January 1, 1985. [Doc. No. 43403, 51 FR 43188, Dec. 1, 1986, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15948, Apr. 16, 2019]