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DOT/OST RIN: 2105-AE72 Publication ID: Fall 2018 
Title: +Defining Unfair or Deceptive Practices 

This rulemaking would define the phrase "unfair or deceptive practice" found in the Department's aviation consumer protection statute. The Department's statute is modeled after a similar statute granting the Federal Trade Commission (FTC) the authority to regulate unfair or deceptive practices. Using the FTC's policy statements as a guide, the Department has found a practice to be unfair if it causes or is likely to cause substantial harm, the harm cannot reasonably be avoided, and the harm is not outweighed by any countervailing benefits to consumers or to competition. Likewise, the Department has found a practice to be deceptive if it misleads or is likely to mislead a consumer acting reasonably under the circumstances with respect to a material issue (one that is likely to affect the consumer's decision with regard to a product or service). This rulemaking would codify the Department's existing interpretation of "unfair or deceptive practice" and seek comment on whether any changes are needed. The rulemaking is not expected to impose monetary costs, and will benefit regulated entities by providing a clearer understanding of the Department's interpretation of the statute.

Agency: Department of Transportation(DOT)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Deregulatory 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 49 U.S.C. 41712   
Legal Deadline:  None
Action Date FR Cite
NPRM  03/00/2019 
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: Yes 
Agency Contact:
Blane A. Workie
Assistant General Counsel
Department of Transportation
Office of the Secretary
Room 4116/C-70, 1200 New Jersey Avenue, SE,
Washington, DC 20590