Proposed Rule2023-04494
Airline Ticket Refunds and Consumer Protections; Public Hearing
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
March 3, 2023
Issuing agencies
Transportation Department
Abstract
DOT is announcing a virtual public hearing pursuant on certain issues related to the U.S. Department of Transportation's Notice of Proposed Rulemaking on Airline Ticket Refunds and Consumer Protections.
Full Text
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<title>Federal Register, Volume 88 Issue 42 (Friday, March 3, 2023)</title>
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[Federal Register Volume 88, Number 42 (Friday, March 3, 2023)]
[Proposed Rules]
[Pages 13387-13389]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04494]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Parts 259, 260, and 399
[Docket No. DOT-OST-2022-0089]
RIN 2105-AF04
Airline Ticket Refunds and Consumer Protections; Public Hearing
AGENCY: Office of the Secretary (OST), U.S. Department of
Transportation (DOT).
ACTION: Public hearing.
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SUMMARY: DOT is announcing a virtual public hearing pursuant on certain
issues related to the U.S. Department of Transportation's Notice of
Proposed Rulemaking on Airline Ticket Refunds and Consumer Protections.
DATES: The virtual hearing will be held on March 14, 2023, from 1 p.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 <a href="https://usdot.zoomgov.com/webinar/register/WN_u2RfGmWTSICqQVUyz9TAXA">https://usdot.zoomgov.com/webinar/register/WN_u2RfGmWTSICqQVUyz9TAXA</a>. We encourage interested parties to
register by Thursday, March 9, 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 <a href="/cdn-cgi/l/email-protection#7b380912080f12151a553f091a1c0e0f1a3b1f140f551c140d"><span class="__cf_email__" data-cfemail="88cbfae1fbfce1e6e9a6ccfae9effdfce9c8ece7fca6efe7fe">[email protected]</span></a> by Thursday,
March 9, 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 <a href="https://www.transportation.gov/airconsumer/latest-news">https://www.transportation.gov/airconsumer/latest-news</a> in advance of the
hearing.
FOR FURTHER INFORMATION CONTACT: To register and attend this virtual
hearing, please use the link: <a href="https://usdot.zoomgov.com/webinar/register/WN_u2RfGmWTSICqQVUyz9TAXA">https://usdot.zoomgov.com/webinar/register/WN_u2RfGmWTSICqQVUyz9TAXA</a>. 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 <a href="/cdn-cgi/l/email-protection#7b380912080f12151a553f091a1c0e0f1a3b1f140f551c140d"><span class="__cf_email__" data-cfemail="b4f7c6ddc7c0dddad59af0c6d5d3c1c0d5f4d0dbc09ad3dbc2">[email protected]</span></a>.
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
[[Page 13388]]
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 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 closed on December 16, 2022.
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.\1\ 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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\1\ See, Airlines for America and the International Air
Transport Association Petition for Hearing, <a href="https://www.regulations.gov/comment/DOT-OST-2022-0089-5296">https://www.regulations.gov/comment/DOT-OST-2022-0089-5296</a>.
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The Department has carefully considered the petition for a public
hearing consistent with 14 CFR 399.75 and is granting a public hearing
to afford Petitioners and other stakeholders an opportunity, in
addition to the public comment process afforded by the NPRM, to present
factual issues that they believe are pertinent to the Department's
decision on the rulemaking. The scope of the hearing is limited to the
factual issues specified in this notice.
The Department's proposals are set forth in the August 2022 NPRM.
The three issues identified by Petitioners concerning the Department's
NPRM and on which they request a hearing are discussed in more detail
in their petition for rehearing. The information the Department is
requesting during the hearing on these issues is summarized below.
Issue 1: Whether Consumers Can Make Reasonable Self-Determinations
Regarding Contracting a Serious Communicable Disease
The Department requests interested parties to provide the following
information to the extent it has not been provided in any written
comments already submitted to the Docket:
<bullet> Information on airlines' and ticket agents' current
practice in handling consumers' requests for the cancellation or
postponement of travel due to contracting a serious communicable
disease, including a description of the procedure to review the
requests, information on the evidentiary documentation required, if
any, and the accommodations provided in response to legitimate claims
(e.g., refunds, credits, rebooking);
<bullet> Data on the volume of such requests, both pre- and during
the COVID-19 public health emergency;
<bullet> Information on the volume and percentage of requests from
consumers that are considered fraudulent;
<bullet> Information on the volume and percentage of requests
received that are not considered fraudulent but nonetheless rejected
due to being based on ``unreasonable self-determination;''
<bullet> Data on the costs to airlines and ticket agents to verify
consumers' claims regarding contracting a serious communicable disease;
<bullet> Information on the type of diseases claimed by consumers
as a ``serious communicable disease'' based on which the consumers are
requesting to cancel or postpone travel; and
<bullet> Any other information pertinent to the Department's
determination on this proposal.
Issue 2: Whether the Documentation Requirement (Medical Attestation
and/or Public Health Guidance) Is Sufficient To Prevent Fraud
The Department welcomes the following information during the
hearing, to the extent it has not been provided in any written comments
already submitted to the Docket:
<bullet> Information on whether medical attestations currently
provided to airlines from consumers seeking to cancel or postpone
travel are primarily based on consumers' self-assessments, the medical
professionals' assessments, or a combination of both;
<bullet> Information on the types of medical professionals who are
currently providing the attestations that are accepted by airlines and
ticket agents;
<bullet> Information on the types of public health authority-issued
guidance that are currently affecting air travel;
<bullet> Information on airlines' validation of medical
attestations, including the procedures, the volume, and the costs
associated with the validation; and
<bullet> Any other information pertinent to the Department's
determination on this proposal.
Issue 3: How To Determine Whether a Downgrade of Amenities or Travel
Experiences Qualifies as a ``Significant Change of Flight Itinerary''
The Department requests that interested parties provide information
on whether there are certain types of amenity changes that should be
considered ``significant'' changes that would entitle a consumer to a
refund and if so, whether the determination should be made
categorically or by airlines on a case-by-case basis. The Department
also requests information on how different airline operational and
pricing models affect onboard amenities and travel experiences, and
subsequently affect consumer expectations. In addition, the Department
welcomes any other new information pertinent to the Department's
determination on this proposal.
[[Page 13389]]
II. Agenda, Hearing Officer, and Post-Hearing Actions
During the March 14, 2023, hearing, the Department will hear
information from the public on the three subjects described above. The
Department's tentative positions on these subjects are articulated in
the NPRM. The Department does not expect to provide further summary or
explanation on its positions at the hearing.
The Department is appointing Blane Workie, Assistant General
Counsel, Office of Aviation Consumer Protection, as the Hearing Officer
presiding over the hearing. The Department's regulations at 14 CFR
399.75 specify that the General Counsel shall arrange for a hearing
officer to preside over the hearing. The regulations further provide
that after the hearing process is complete, the General Counsel must
consider the record of the hearing and make 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.
III. Public Participation
The March 14, 2023, hearing will begin at 1:00 p.m. EDT, 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 this Notice and be brief so all participants will
have an opportunity to speak. Depending on the volume of requests for
oral comments that we receive and the time available, we may be able to
accommodate additional comments and/or presentations that speakers wish
to add. Individual members of the public who wish to present oral
comments must notify the Department of Transportation, no later than
Thursday, March 9 via email at <a href="/cdn-cgi/l/email-protection#41222d2433242422246f2a332e292001252e356f262e37"><span class="__cf_email__" data-cfemail="c6a5aaa3b4a3a3a5a3e8adb4a9aea786a2a9b2e8a1a9b0">[email protected]</span></a> that they wish to
present oral comments. The email should (1) identify specific
subject(s) on which you wish to provide comments; and (2) state the
organization or entity you are representing or that you are speaking as
a member of the public. All written materials (e.g., PowerPoint
presentations) presented at the hearing will be made part of the
meeting's record.
Consistent with the requirement of 14 CFR 399.75, the Department
plans to reopen the comment period for this rulemaking on March 14,
2023, the date of the hearing, and the comment period will remain open
for seven (7) days, closing on March 21, 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.
IV. Viewing Documents
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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 28th day of February 2023.
John E. Putnam,
General Counsel, U.S. Department of Transportation.
[FR Doc. 2023-04494 Filed 3-2-23; 8:45 am]
BILLING CODE 4910-9X-P
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