[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Proposed Rules]
[Pages 15620-15622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05167]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Parts 259, 260, 399

[Docket No. DOT-OST-2022-0089]
RIN 2105-AF04


Airline Ticket Refunds and Consumer Protections

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

ACTION: Public hearing; reopen comment period.

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SUMMARY: This notice announces a virtual public hearing on certain 
issues related to the U.S. Department of Transportation's Notice of 
Proposed Rulemaking on Airline Ticket Refunds and Consumer Protections. 
By this notice, the virtual public hearing on this rulemaking, 
originally scheduled for March 14, 2023, is rescheduled to March 21, 
2023. Through this notice, the Department is also reopening the

[[Page 15621]]

comment period for this rulemaking from March 21 through March 28, 
2023.

DATES: The virtual hearing will be held on March 21, 2023, from 10 a.m. 
to 5 p.m. Eastern Time. The hearing is open to the public, subject to 
any technical and/or capacity limitations. Requests to attend the 
hearing must be submitted to https://usdot.zoomgov.com/webinar/register/WN_qIdrspjdTPexlvXSL5YNXg. We encourage interested parties to 
register by Thursday, March 16, 2023. Communication Access Real-time 
Translation (CART) and sign language interpretation will be provided 
during the hearing. Requests for additional accommodations because of a 
disability must be received at [email protected] by Thursday, 
March 16, 2023.

ADDRESSES: The virtual hearing 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/latest-news in advance of the 
hearing.

FOR FURTHER INFORMATION CONTACT: To register and attend this virtual 
hearing, please use the link: https://usdot.zoomgov.com/webinar/register/WN_qIdrspjdTPexlvXSL5YNXg. Attendance is open to the public 
subject to any technical and/or capacity limitations. For further 
information, please contact Clereece Kroha, Senior Trial Attorney, by 
email at [email protected] or by phone at (202) 366-9041.

SUPPLEMENTARY INFORMATION: 

I. Background

    On August 22, 2022, the U.S. Department of Transportation (DOT or 
Department) published in the Federal Register a notice of proposed 
rulemaking (NPRM) that proposes to codify its longstanding 
interpretation that it is an unfair business practice for a U.S. air 
carrier, a foreign air carrier, or a ticket agent to refuse to provide 
requested refunds to consumers when a carrier has cancelled or made a 
significant change to a scheduled flight to, from, or within the United 
States, and consumers found the alternative transportation offered by 
the carrier or the ticket agent to be unacceptable (87 FR 51550). The 
NPRM proposes to define, for the first time, the terms significant 
change and cancellation. It would also require U.S. and foreign 
airlines and ticket agents to inform consumers that they are entitled 
to a refund if that is the case before making an offer for travel 
credits, vouchers, or other compensation in lieu of refunds. The 
Department further proposes to require that U.S. and foreign air 
carriers and ticket agents provide non-expiring travel vouchers or 
credits to consumers holding non-refundable tickets for scheduled 
flights to, from, or within the United States who are unable to travel 
as scheduled in certain circumstances related to a serious communicable 
disease. If the carrier or ticket agent received significant financial 
assistance from the government because of a public health emergency, 
the Department proposes to require U.S. and foreign air carriers and 
ticket agents provide refunds, in lieu of non-expiring travel vouchers 
or credits. The NPRM proposes to allow carriers and ticket agents to 
require consumers provide evidence to support their assertion of 
entitlement to a travel voucher, credit, or refund. The comment period 
for the NPRM, which was extended for approximately 4 weeks in response 
to a request for additional opportunity to comment,\1\ closed on 
December 16, 2022.
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    \1\ 87 FR 68944 (Nov. 17, 2022).
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    On December 16, 2022, Airlines for America (A4A) and International 
Air Transport Association (IATA) (collectively ``Petitioners'') filed a 
petition to request a public hearing on the NPRM pursuant to the 
Department's regulation on rulemakings relating to unfair and deceptive 
practices, 14 CFR 399.75.\2\ The Petitioners specifically raise three 
issues regarding the NPRM and request that these issues be addressed in 
the hearing. For each issue, Petitioners argue that it meets the 
threshold set forth in section 399.75 for granting a public hearing 
because the underlying proposed rule depends on conclusions concerning 
one or more specific scientific, technical, economic, or other factual 
issues that are genuinely in dispute; because the ordinary public 
comment process is unlikely to provide an adequate examination of the 
issue to permit a fully informed judgement; because the resolution of 
the disputed factual issues would likely have a material effect on the 
costs and benefits of the proposed rule; because the requested hearing 
on the issue would advance the consideration of the proposed rule and 
the General Counsel's ability to make the rulemaking determinations 
required by the Department's regulation; and because granting the 
petition would not unduly delay the rulemaking.
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    \2\ See, Airlines for America and the International Air 
Transport Association Petition for Hearing, https://www.regulations.gov/comment/DOT-OST-2022-0089-5296.
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    By a notice dated March 3, 2023, the Department granted the 
requests for a public hearing and originally scheduled the hearing for 
March 14, 2023.\3\ The Department noted that the scope of the hearing 
would be limited to the factual issues specified in the March 3 notice. 
On March 6, 2023, A4A requested that the public hearing be rescheduled 
and for additional explanation of the hearing procedure. A4A requested 
that the hearing be rescheduled by two weeks, stating that the five 
business days provided for the hearing was insufficient to identify 
speakers and to compile data responsive to the subjects presented in 
the March 3 notice. A4A also stated that it would have difficulty 
finding participants due to the hearing being scheduled during the 
Spring Break season. A4A noted that scheduling this hearing in close 
proximity (within two days) of a DOT public hearing on a different 
rulemaking \4\ is an unreasonable expectation for stakeholders who must 
prepare for both hearings.
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    \3\ 88 FR 13387.
    \4\ 88 FR 13389.
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    A4A also reiterated its request for a neutral hearing officer to 
preside over the hearing, expressing its disagreement with the 
appointment of Ms. Blane Workie, the Department's Assistant General 
Counsel for the Office of Aviation Consumer Protection and the 
Department's designated Aviation Consumer Advocate. On March 8, 2023, 
IATA wrote to express support for A4A's requests.

II. Rescheduling of Public Hearing

    After careful consideration of the points raised by A4A, the 
Department has decided to reschedule its public hearing on the Airline 
Ticket Refunds and Consumer Protections NPRM to March 21, 2023. While 
the Department was surprised to learn that the party that had requested 
the public hearing was unprepared to present views on the topics for 
which they had requested the hearing, the Department wants to ensure 
that stakeholders, including A4A, have an adequate opportunity to be 
heard on this rulemaking and for this reason, has determined that a 
seven-day extension to assist with preparation for the hearing is 
reasonable. As part of this rescheduling, the length of the hearing 
will also be extended to ensure adequate time is afforded to those who 
wish to comment. The hearing will be held from 10 a.m. to 5 p.m. ET. As 
noted in Section IV of this notice, if all participants have expressed 
their views prior to the scheduled 5 p.m. end time,

[[Page 15622]]

the Department may end the hearing prior to 5 p.m.

III. Agenda, Hearing Officer, and Post-Hearing Actions

    The Department has considered A4A's request for the appointment of 
a different hearing officer and has decided to retain the appointment 
of Blane Workie as the designated Hearing Officer. The Department notes 
that the Hearing Officer's role is to preside over the hearing. In that 
regard, Ms. Workie's appointment is appropriate because: (1) she is a 
career civil servant who will execute this role in a neutral, fair, and 
professional manner; (2) her responsibilities as an Aviation Consumer 
Advocate are those that she has had as an Assistant General Counsel of 
the Office of the Aviation Consumer Protection and such 
responsibilities do not make her biased; and (3) the Hearing Officer's 
role is to conduct the meeting using generally accepted meeting 
management techniques and to not serve as a decisionmaker. As stated in 
the Department's regulations in 14 CFR 399.75, the General Counsel 
considers the record of the hearing and makes a reasoned determination 
whether to terminate the rulemaking, proceed with the rulemaking as 
proposed, or modify the proposed rule.
    The regulations further require the General Counsel to explain, in 
an appropriate rulemaking document published in the Federal Register, 
the rationale for the post-hearing decision made by the General 
Counsel. The rationale for the post-hearing decision made by the 
General Counsel will be explained in any final rule or other 
appropriate rulemaking document issued by the Department for this 
action.

IV. Public Participation and Procedures

    The March 21, 2023, hearing will begin at 10 a.m. ET, and the 
Department will provide time for opening remarks by the Hearing 
Officer. The meeting will then transition to public comments and 
presentations. Any oral comments presented should be limited to the 
subjects described in the March 3 notice and be brief so that all 
participants will have an opportunity to speak. If a meeting 
participant wishes to speak on a particular topic identified in the 
March 3, 2023, notice,\5\ the participant must register in advance to 
speak on the topic. We ask individuals requesting to speak to specify 
the length of time that they would like to have allotted to them. Based 
on the number of participants who register to speak on a particular 
topic, the Department will allot time to individual speakers in a way 
that maximizes each speaker's ability to present their views and to 
ensure a wide variety of perspectives. The Hearing Officer may ask 
clarifying questions during the hearing but will otherwise reserve 
speaking time after opening remarks for meeting participants. The 
intent of the hearing is to ensure that the Department is able to hear 
from petitioners and other interested parties regarding the issues 
raised in the petition. If the volume of requests for oral comments 
received and any additional comments, responses, and/or presentations 
that participants may wish to make is such that all participants have 
expressed their views prior to the scheduled 5 p.m. end time, the 
Department may end the hearing prior to 5 p.m.
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    \5\ https://www.govinfo.gov/content/pkg/FR-2023-03-03/pdf/2023-04494.pdf.
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    Individual members of the public who wish to present oral comments 
must notify the Department of Transportation, no later than Thursday, 
March 16 via the meeting's registration link and specify in the 
registration those topics on which they wish to provide comments. All 
written materials (e.g., PowerPoint presentations) presented at the 
hearing will be made part of the meeting's record.
    As discussed in Section V of this notice and consistent with the 
requirement of 14 CFR 399.75, the Department plans to reopen the 
comment period for this rulemaking on March 21, 2023, the date of the 
hearing. The comment period will remain open for seven (7) days, 
through March 28, 2023. Interested parties who wish to file statements 
or comments that are specifically related to the subject(s) discussed 
at the hearing may submit their written comments electronically to the 
NPRM Docket (DOT-OST-2022-0089).
    After the hearing and after the record of the hearing is closed, 
the hearing officer will place on the rulemaking docket minutes of the 
hearing reflecting the evidence and arguments presented on the issues.

V. Reopening of Public Comment Period

    Consistent with the procedural requirement under section 14 CFR 
399.75, which provides that interested parties shall be given an 
opportunity to file statements or comments after a hearing on the 
proposed regulation, the Department is reopening the comment period for 
the NPRM from March 21 through March 28, 2023. New comments submitted 
to the Docket should pertain to subjects discussed in the petition for 
hearing and during the March 21, 2023, hearing.

VI. Viewing Documents

    Documents associated with the NPRM on Enhancing Transparency of 
Airline Ancillary Service Fees 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 this 9th day of March 2023.
John E. Putnam,
General Counsel, U.S. Department of Transportation.
[FR Doc. 2023-05167 Filed 3-13-23; 8:45 am]
BILLING CODE 4910-9X-P


