Proposed Rule2022-24615
Airline Ticket Refunds and Consumer Protections
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 17, 2022
Issuing agencies
Transportation Department
Abstract
The U.S. Department of Transportation (Department or DOT) is extending through December 16, 2022, the period for interested persons to submit comments to its proposed rule on Airline Ticket Refunds and Consumer Protections.
Full Text
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<title>Federal Register, Volume 87 Issue 221 (Thursday, November 17, 2022)</title>
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[Federal Register Volume 87, Number 221 (Thursday, November 17, 2022)]
[Proposed Rules]
[Pages 68944-68945]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24615]
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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), Department of Transportation
(DOT or the Department).
ACTION: Extension of comment period on proposed rule.
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SUMMARY: The U.S. Department of Transportation (Department or DOT) is
extending through December 16, 2022, the period for interested persons
to submit comments to its proposed rule on Airline Ticket Refunds and
Consumer Protections.
DATES: Comments should be filed by December 16, 2022. Late-filed
comments will be considered to the extent practicable. Petitions for a
hearing pursuant to 14 CFR 399.75(b)(1) must also be filed by December
16, 2022.
ADDRESSES: You may file comments identified by the docket number DOT-
OST-2022-0089 by any of the following methods:
<bullet> Federal eRulemaking Portal: go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and follow the online instructions for submitting
comments.
<bullet> Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE, West Building Ground Floor,
Room W12-140, Washington, DC, 20590-0001.
<bullet> Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Ave. SE, Washington, DC, between 9 a.m. and 5
p.m. ET, Monday through Friday, except Federal holidays.
<bullet> Fax: (202) 493-2251.
Instructions: You must include the agency name and docket number
DOT-OST-2022-0089 or the Regulatory
[[Page 68945]]
Identification Number (RIN 2105-AF04) for the rulemaking at the
beginning of your comment. All comments received will be posted without
change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal
information provided.
Privacy Act: Anyone is able to search the electronic form of all
comments received in any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). For information on
DOT's compliance with the Privacy Act, please visit <a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>.
Docket: For access to the docket to read background documents and
comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> or to the street
address listed above. Follow the online instructions for accessing the
docket.
FOR FURTHER INFORMATION CONTACT: Clereece Kroha or Blane Workie, Office
of Aviation Consumer Protection, U.S. Department of Transportation,
1200 New Jersey Ave. SE, Washington, DC, 20590, 202-366-9342 (phone),
<a href="/cdn-cgi/l/email-protection#0b68676e796e6e686e25607964636a4b6f647f256c647d"><span class="__cf_email__" data-cfemail="92f1fef7e0f7f7f1f7bcf9e0fdfaf3d2f6fde6bcf5fde4">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#21434d404f440f564e534a484461454e550f464e57"><span class="__cf_email__" data-cfemail="096b6568676c277e667b62606c496d667d276e667f">[email protected]</span></a> (email).
SUPPLEMENTARY INFORMATION: On August 22, 2022, The 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 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 as a result 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
NPRM provided for a comment period of 90 days after publication of the
NPRM in the Federal Register, i.e., November 21, 2022.
On September 6, 2022, Airlines for America (A4A) and International
Air Transportation Association (IATA) (jointly ``Airline Petitioners'')
requested an extension of 60 days for the comment period of this
rulemaking. According to Airline Petitioners, the Department's
proposals would significantly change airline ticket refund regulations,
affecting refund and voucher rights and obligations of not only
airlines but also ticket agents, booking entities, and consumers, which
require a thorough and careful consideration of all potential impacts
and unintended consequences of this rule for the traveling public.
Airline Petitioners state that additional time is needed to adequately
collect and consider all the relevant and necessary information to
finalize this critical rule. Furthermore, Airline Petitioners point out
that the NPRM asks comments on various scenarios in addition to the
proposed rule and the additional questions posed by the Department
warrant an in-depth analysis that will reasonably require more than 90
days to collect from all interested parties, and to review and comment.
On September 27, 2022, the Travel Technology Association, the
American Society of Travel Advisors, and Travel Management Coalition
(jointly ``Distribution Petitioners'') requested an extension of 30
days for the comment period of this rulemaking. Distribution
Petitioners states that the NPRM raises over 100 substantial issues for
comments and the issues pertaining to public health emergencies are
particularly novel in terms of the regulatory response proposed.
Distribution Petitioners state that additional time is needed to allow
each of their members to develop and prepare comments that would be
most useful for the Department in reaching a fully informed decision.
Through this notice, the Department grants an extension of 25 days,
or until December 16, 2022, for the public to comment on the NPRM. In
doing so, the Department acknowledges that the NPRM raises numerous
important issues, including the alternatives to the proposals that the
Department is seeking information on, which requires in-depth analysis
and consideration by stakeholders. The Department believes that
granting a 25-day extension of the original 90-day comment period, is
sufficient to allow stakeholders to conduct a thorough and careful
consideration of all potential impacts and prepare comments. The
Department has also taken into consideration the work of the Aviation
Consumer Protection Advisory Committee (ACPAC) in relation to this
rulemaking. Following the issuance of the NPRM, the ACPAC devoted a
full day to discuss the NPRM and listen to public comments. The ACPAC
is scheduled to meet again on December 9, 2022, to deliberate on what,
if any, recommendations it will make to the Department regarding this
rulemaking. The Department believes that extending the comment period
for the NPRM until one week after the ACPAC meeting would provide the
public an opportunity to consider the discussions and any
recommendation of the ACPAC and provide further comments to the
Department. Accordingly, the Department extends the time for comments
on the proposed rule from November 21, 2022, to December 16, 2022.
In the request for extension of comment period, Airline Petitioners
seek clarifications from the Department on various issues raised in the
NPRM. Distribution Petitioners also state that several issues raised by
Airline Petitioners are of particular interest to Distribution
Petitioners and the Department's clarifications on those issues are
needed for them to prepare comments on those issues. The Department's
responses to the list of questions raised by Airline Petitioners have
been posted in the rulemaking docket.
Signed in Washington, DC, on or around this 7th day of November
2022, under authority delegated at 49 U.S.C. 1.27n.
John E. Putnam,
General Counsel.
[FR Doc. 2022-24615 Filed 11-16-22; 8:45 am]
BILLING CODE P
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