[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Notices]
[Pages 68002-68005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24486]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2018-0190]


Aviation Consumer Protection Advisory Committee; Notice of Public 
Meeting

AGENCY: Office of the Secretary (OST), Department of Transportation 
(DOT).

ACTION: Notice of public meeting.

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SUMMARY: This Notice announces a two-day public meeting of the Aviation 
Consumer Protection Advisory Committee (ACPAC), to be held virtually. 
On the first day, the ACPAC will consider the Department's notice of 
proposed rulemaking (NPRM) on Enhancing Transparency of Airline 
Ancillary Service Fees. On the second day, the ACPAC will deliberate on 
three topics: information provided to consumers adversely affected by 
airline delays or cancellations, availability of airline flight 
information, and the Department's NPRM on Airline Ticket Refunds and 
Consumer Protections.

DATES: The virtual meeting will be held on Thursday, December 8, 2022, 
from 10:00 a.m. to 5:30 p.m., and on Friday, December 9, 2022, from 
10:00 a.m. to 5:30 p.m. Eastern Standard Time. The meeting is open to 
the public, subject to any technical and/or capacity limitations. 
Requests to attend the meeting must be submitted to https://usdot.zoomgov.com/webinar/register/WN_V2zwVF3RQfuoOkyYFVqvdA. We 
encourage interested parties to register by December 1, 2022. 
Communication Access Real-time Translation (CART) and sign language 
interpretation will be provided during the meeting. Requests for 
additional accommodations because of a disability must be received at 
[email protected] by December 1, 2022. If you wish to speak during the 
meeting, you should submit a request at [email protected] no later than 
December 1, 2022.

ADDRESSES: The virtual meeting will be open to the public and held via 
the Zoom Webinar Platform. Virtual attendance information will be 
provided upon registration. An agenda will be available on the 
Department's Office of Aviation Consumer Protection website at https://www.transportation.gov/airconsumer/ACPAC in advance of the meeting.

FOR FURTHER INFORMATION CONTACT: To register and attend this virtual 
meeting, please use the link: https://usdot.zoomgov.com/webinar/register/WN_V2zwVF3RQfuoOkyYFVqvdA.
    Attendance is open to the public subject to any technical and/or 
capacity limitations. For further information, please contact Cristina 
Draguta, Attorney-Advisor, by email at [email protected] or 
telephone at (202) 366-6137.

SUPPLEMENTARY INFORMATION:

I. Background

    The ACPAC evaluates the Department of Transportation's aviation 
consumer protection programs and provides recommendations to the 
Secretary for improving them, as well as recommending any additional 
consumer protections that may be needed.
    During the June 28, 2022, meeting of the ACPAC, the subject of 
transparency of airline ancillary service fees was considered as 
members heard presentations about previous Department actions in this 
area and the perspectives of various stakeholders. On September 26, 
2022, the Department announced the Enhancing Transparency of Airline 
Ancillary Service Fees NPRM (RIN 2105-AF10) (Ancillary Fees 
Transparency NPRM) and made the rulemaking available on its website and 
regulations.gov. Since then, the Ancillary Fees Transparency NPRM has 
been published in the Federal Register and is available at https://
www.federalregister.gov/documents/

[[Page 68003]]

2022/10/20/2022-22214/enhancing-transparency-of-airline-ancillary-
service-fees. The ACPAC will meet on December 8, 2022, to hear from the 
public and consider the proposals in the Department's Ancillary Fees 
Transparency NPRM.
    The ACPAC will also meet on December 9, 2022, to discuss, 
deliberate, and decide on recommendations, if any, to the Department on 
three topics considered at previous ACPAC meetings: (1) information 
provided to consumers adversely affected by airline delays or 
cancellations (December 2, 2021 meeting); (2) availability of airline 
flight information (June 29, 2022 meeting); and (3) the Department's 
Airline Ticket Refunds and Consumer Protections NPRM (August 22, 2022 
meeting). More information regarding prior meetings, including 
recordings of meetings, can be found on the ACPAC web pages available 
here: https://www.transportation.gov/airconsumer/ACPAC.

II. Agenda

A. December 8, 2022, Meeting

    During the December 8, 2022, meeting, the Department will provide 
an opportunity for public input and continue the discussion on airline 
ancillary service fee transparency. Pursuant to 49 U.S.C. 41712, which 
prohibits U.S. air carriers, foreign air carriers, and ticket agents 
from engaging in unfair or deceptive practices in the sale of air 
transportation, the Department's Ancillary Fees Transparency NPRM 
proposes to require carriers and ticket agents to clearly disclose 
baggage fees, change fees, and cancellation fees to consumers whenever 
fare and schedule information is provided to consumers for flights to, 
within, and from the United States. The Ancillary Fees Transparency 
NPRM also proposes to require these entities to clearly disclose 
whenever fare and schedule information is provided the fees for 
adjacent seating, if any, to consumers traveling with young children on 
flights to, within, and from the United States, and make these fees 
transactable. The Department is proposing that all of these disclosures 
be provided on a passenger-specific or itinerary-specific basis. The 
Department is also proposing to require that carriers provide useable, 
current, and accurate information regarding these fees to ticket agents 
that sell or display the carrier's fare and schedule information.
    The public should submit comments to the rulemaking Docket (DOT-
OST-2022-0109) on or before December 19, 2022, to ensure that comments 
submitted will be considered. The Department also intends to consider 
the discussion and information provided during this December 8, 2022, 
meeting of the ACPAC to inform this rulemaking. This meeting will also 
allow the ACPAC to hear from all interested stakeholders regarding the 
Department's proposals and what the ACPAC should consider as it 
determines what recommendations, if any, to make to the Department on 
this topic.

B. December 9, 2022, Meeting

    The ACPAC will consider and deliberate on three topics at the 
December 9, 2022, meeting that were previously discussed: (1) 
information provided to consumers adversely affected by airline delays 
or cancellations (December 2, 2021, meeting); (2) availability of 
airline flight information (June 29, 2022, meeting); and (3) the 
Department's Airline Ticket Refunds and Consumer Protections NPRM 
(August 22, 2022, meeting). More information regarding prior meetings, 
including recordings of meetings, can be found on the ACPAC web pages 
available here: https://www.transportation.gov/airconsumer/ACPAC. The 
ACPAC will consider each topic carefully and deliberate and decide on 
recommendations, if any, to make to the Department on these topics.

III. Public Participation

A. December 8, 2022, Meeting

    The December 8, 2022, meeting will begin at 10:00 a.m. EST, and the 
Department will provide time for a welcome, introductions, and opening 
remarks. The meeting will then transition to an overview of the NPRM 
and questions and comments from the ACPAC members. This discussion will 
be followed by comments from members of the public. There will be a 
lunch break and further input and discussion will continue in the 
afternoon to help inform the ACPAC members on what they should consider 
when making recommendations, if any, on this topic in the future. While 
the Department seeks comment on any aspect of the proposed rule, the 
Department summarizes the main proposals of the NPRM below and requests 
information on the following specific questions regarding these 
proposals:
1. Disclosure of Baggage Fees
    The Proposal:
    Covered Entities: U.S. air carriers, foreign air carriers, and 
ticket agents.
    Proposed Disclosure Requirement: provide the fee for a first 
checked bag, a second checked bag, and a carry-on bag, adjusted based 
on passenger-specific information.
    Location/Method of Disclosure: website marketed to U.S. consumers 
where air transportation is advertised or sold; in-person or on the 
phone with an agent.
    Timing of Online Disclosure: first page displaying search results 
that include fare and schedule information in response to a consumer 
search for air transportation (no links or pop-ups).
    Timing of In Person or Phone Disclosure: at the time a fare is 
quoted for an itinerary.
    Other Proposed Requirements: seller must refund money collected for 
fees if the fee was not properly disclosed; weight and dimension 
limitations must be displayed (links or pop-ups acceptable); disclosure 
to consumer if checking or carrying a bag is prohibited under fare 
category.
    Question 1(a): The Department requests comment on whether 
disclosure of baggage fees by links or rollovers should be permitted. 
The Department seeks comment on whether links and rollovers would 
provide the necessary flexibility to allow for design displays that 
would enhance the user experience and encourage innovation as 
technology changes. Are additional flexibilities needed to ensure the 
display of ancillary service fee information does not result in screen 
clutter? Do rollovers work on mobile devices that have no cursor to 
hover over a link?
    Question 1(b): The Department requests comment on the benefits, 
risks, and practicability of requiring carriers and ticket agents to 
enable consumers to conduct anonymous or passenger-specific itinerary 
searches and to provide fee information tailored to the search type.
    Question 1(c): The Department requests comment on its proposal that 
online bag fee disclosures be disclosed at the first point in a search 
process where a fare is listed in connection with a specific itinerary.
    Question 1(d): The Department seeks comment on whether the volume 
of information proposed to be displayed would assist or overwhelm 
consumers and whether or not an opt-out provision would be beneficial 
to consumers. We are also interested in learning what impact, if any, 
lack of an opt-out provision has on the speed of search results or 
particular display options an airline or ticket agent may provide. For 
commenters advocating an opt-out option, we also request information 
about how to define requirements for opt-out options that would 
adequately

[[Page 68004]]

protect consumers and ensure any opt-out option is not confusing or 
abused, for example, preventing opt-outs accomplished through a ``click 
wrap'' or ``browser wrap'' tactic that does not represent a meaningful, 
intentional choice.
    Question 1(e): The Department seeks comment on whether the proposed 
disclosure requirements should also extend to airline and ticket agent 
mobile apps, and whether there are any practical distinctions between 
information accessed on mobile websites and mobile apps.
    Question 1(f): The Department seeks comment on its proposals that 
carriers and ticket agents inform consumers of the bag fees that apply 
when consumers attempt to purchase airline tickets offline, in person, 
or on the phone. The Department is also interested in obtaining input 
on alternative options for providing such fee information on the phone 
or in person (e.g., explaining that fees may apply and referring the 
consumer to the carrier or ticket agent's website, provided that the 
website is accessible to consumers with disabilities).
2. Disclosure of Change and Cancellation Fees and Policies
    The Proposal:
    Covered Entities: U.S. air carriers, foreign air carriers, and 
ticket agents.
    Proposed Disclosure Requirement: provide the fee to change and 
cancel the reservation, adjusted based on fare category and passenger-
specific information.
    Location/Method of Proposed Disclosure Requirement: website 
marketed to U.S. consumers where air transportation is advertised or 
sold; in-person or on the phone with an agent.
    Timing of Online Disclosure: first page displayed when a consumer 
conducts a seach for air transportation when fare and schedule 
information is shown (no links or pop-ups).
    Timing of In Person or Phone Disclosure: at the time a fare is 
quoted for an itinerary.
    Other Proposed Requirements Associated with Disclosure: must 
display a summary of the cancellation and change policies applicable to 
the intinerary displayed (links or pop-ups allowed).
    Question 2(a): The Department requests comment on whether display 
of cancellation and change fees by links or rollovers should be 
permitted. Are there preferred methods for presenting the change and 
cancellation policy information?
    Question 2(b): The Department requests comment on the timing of the 
proposed online fee disclosures. Should the Department allow the 
proposed disclosures to be provided later in the ticket purchase 
process than proposed in this NPRM?
    Question 2(c): How should the Department address the potential that 
a consumer could also be required to pay a fare difference between the 
old and new tickets resulting from airline dynamic pricing models? A 
ticket change may result in a material change in fare that is 
potentially a larger component of the overall ticket price relative to 
the change fee itself. Will displaying only the change fee result in 
consumer confusion?
3. Disclosure and Transactability of Family Seating Fees
    The Proposal:
    Covered Entities: U.S. air carriers, foreign air carriers, and 
ticket agents.
    Proposed Disclosure Requirement: provide the fee, if any, for a 
passenger age 13 years or under to be seated adjacent to the seat of an 
accompanying adult in the same class of service.
    Location/Method of Proposed Disclosure: website marketed to U.S. 
consumers where air transportation is advertised or sold; in-person or 
on the phone with an agent.
    Conditions for Disclosure: consumer seeks to purchase air 
transportation in which at least one passenger is 13 years of age or 
under; carrier imposes a fee for a passenger 13 or under to be seated 
nest to an accompanying adult.
    Timing of Online Disclosure: whenever fare and schedule information 
is provided, alongside the quoted fare associated with each itinerary 
search result (no links or pop-ups permitted).
    Timing of In Person or Phone Disclosure: at the time a fare is 
quoted for an itinerary.
    Other Proposed Requirements (Transactability): must enable consumer 
to select and purchase the seat at the time the seat fee is disclosed.
    Question (3)(a): Should disclosure be limited to family seating 
fees or would additional information regarding airline family seating 
policies be useful to consumers during the ticket purchase process?
    Question (3)(b): The Department seeks comment on whether airlines' 
response to this rulemaking could include reducing or eliminating fees 
for children to sit next to accompanying adults.
    Question (3)(c): What disclosure should be required, if any, when 
no adjacent seats are available at the time of the consumer's ticket 
purchase?
    Question (3)(d): The Department requests comment on whether to 
permit the disclosure of the family seating fee through links or pop-
ups.
    Question (3)(e): Should the Department be more prescriptive about 
family seat fee disclosure requirements (e.g., requiring that websites 
be modified to enable consumers to indicate whether a passenger will be 
13 or under prior to initiating the search)?
    Question (3)(f): Are there technical or other practical 
considerations for requiring that family seating fees be disclosed and 
transactable?
    Question (3)(g): The Department requests comment on the timing of 
the proposed online family seating fee disclosures. Should the 
Department permit these disclosures to be provided later during the 
booking process, such as after the stage when a consumer inputs 
passenger name and age information?
4. Sharing of Data and Transactability
    The Proposal:
    Covered Entities: U.S. air carriers, foreign air carriers that 
provide fate, schedule, and availability information to ticket agents 
to sell or display the carrier's flights directly to consumers.
    Proposed Requirement: provide useable, current, and accurate 
information of the fee rules for baggage, ticket changes/cancellation, 
and for aircraft seats (if the carrier charges a fee for a child to sit 
next to an accompanying adult), sufficient to enable the ticket agent 
to comply with disclosure requirements under the rule.
    Transactability: Carriers must ensure that adjacent seating fees 
are transactable by ticket agents if the carrier charges a fee for a 
child to sit next to an accompanying adult.
    Question (4): The Department seeks comment on whether the 
Department should require that carriers provide fee information about 
critical ancillary services to Global Distribution Systems (GDSs). Why 
or why not? Should the Department require carriers to distribute the 
ancillary service fee information to all ticket agents, including GDSs, 
to which the carrier provides fare, schedule, and availability 
information? How would Online Travel Agencies (OTAs) and metasearch 
sites receive ancillary service fee information from multiple airlines 
and disclose that information to consumers if airlines do not provide 
that information to GDSs?
5. Compliance Period for Implementation
    The Proposal:
    The Department is tentatively of the view that a six-month 
implementation period from the issuance date of a final rule would be 
appropriate for carriers

[[Page 68005]]

and ticket agents to display a first and second checked bag fee, a 
carry-on bag fee, change and cancellation fee, and family seating fees 
to consumers whenever fare and schedule information is provided online. 
It also provides sufficient time to train agents to provide fee 
information for critical ancillary services to consumers when providing 
fare and schedule information in person or over the phone. It also 
takes into account the time needed for carriers to share ancillary 
service fee information with ticket agents.
    Question (5): The Department seeks comment on whether proposed 
implementation period of six months is too lengthy or too short. If the 
proposed implementation period is either too lengthy or too short, how 
long of an implementation period would be appropriate and why? Should 
the Department impose a date certain by which carriers must share 
ancillary service fee information with ticket agents?
Process for Participation
    At the December meeting, individual members of the public will have 
an opportunity to make remarks. However, depending on the volume of 
requests for oral comments that we receive and the time available, we 
may not be able to hear from everyone who submitted a request. Any oral 
comments presented must be limited to the objectives of the committee 
and will be limited to three (3) minutes per person. Individual members 
of the public who wish to present oral comments must notify the 
Department of Transportation, no later than Thursday, December 1, 2022, 
via email at [email protected] that they wish to present oral comments. The 
email should (1) identify (by the question number as listed in this 
Notice) the specific question(s) on which you wish to provide comments; 
(2) state the organization or entity you are representing or that you 
are speaking as a member of the public; and (3) provide a written 
summary of the oral comments you wish to present at the meeting on the 
question(s). Due to the limited time during the meeting, the Department 
will review all speaking request submissions and notify those who are 
selected to speak in advance of the meeting. If there is an interest in 
addressing a question not identified in this Notice but related to 
ancillary fee transparency NPRM, please identify that topic in your 
request.
    Members of the public who do not wish to speak at the meeting but 
have comments on the Ancillary Fee Transparency NPRM that are 
specifically directed to the ACPAC members for consideration may submit 
their written comments electronically to the ACPAC Docket (DOT-OST-
2018-0190). In addition, any substantive comments on the NPRM to be 
considered by the Department in the rulemaking should be submitted 
directly to the NPRM Docket (DOT-OST-2022-0109) by December 19, 2022. 
The Department is committed to providing equal access to this meeting 
for all participants. Communication Access Real-time Translation (CART) 
and sign language interpretation will be provided during the meeting. 
If you need additional accommodations due to a disability, please 
contact [email protected] no later than December 1, 2022.

B. December 9, 2022, Meeting

    The December 9, 2022, meeting will begin at 10:00 a.m. EST, and the 
Committee members will deliberate and decide on recommendations, if 
any, to make to the Department on (1) information provided to consumers 
adversely affected by airline delays or cancellations; (2) availability 
of airline flight information; and (3) the Department's NPRM on Airline 
Ticket Refunds and Consumer Protections. Members of the public may 
submit written comments on any of the three topics at any time to the 
ACPAC Docket (DOT-OST-2018-0190).

IV. Viewing Documents

    Documents associated with the ACPAC maybe be accessed in the ACPAC 
Docket (DOT-OST-2018-0190). Documents associated with the NPRM on 
Enhancing Transparency of Airline Ancillary Service Fees may be 
accessed in the rulemaking Docket (DOT-OST-2022-0109). Documents 
associated with the NPRM on Airline Ticket Refunds and Consumer 
Protections may be accessed in the rulemaking Docket (DOT-OST-2022-
0089). Dockets may be accessed at https://www.regulations.gov. After 
entering the relevant docket number click the link to ``Open Docket 
Folder'' and choose the document to review.

    Signed in Washington, DC, on or about this 4th day of November 
2022.
John E. Putnam,
General Counsel.
[FR Doc. 2022-24486 Filed 11-9-22; 8:45 am]
BILLING CODE 4910-9X-P


