Proposed Rule2023-05167
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
March 14, 2023
Issuing agencies
Transportation Department
Abstract
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 comment period for this rulemaking from March 21 through March 28, 2023.
Full Text
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<title>Federal Register, Volume 88 Issue 49 (Tuesday, March 14, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://usdot.zoomgov.com/webinar/register/WN_qIdrspjdTPexlvXSL5YNXg">https://usdot.zoomgov.com/webinar/register/WN_qIdrspjdTPexlvXSL5YNXg</a>. 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 <a href="/cdn-cgi/l/email-protection#31525d5443545452541f5a435e595071555e451f565e47"><span class="__cf_email__" data-cfemail="dab9b6bfa8bfbfb9bff4b1a8b5b2bb9abeb5aef4bdb5ac">[email protected]</span></a> 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 <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_qIdrspjdTPexlvXSL5YNXg">https://usdot.zoomgov.com/webinar/register/WN_qIdrspjdTPexlvXSL5YNXg</a>. 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 <a href="/cdn-cgi/l/email-protection#e0838c859285858385ce8b928f8881a0848f94ce878f96"><span class="__cf_email__" data-cfemail="ef8c838a9d8a8a8c8ac1849d80878eaf8b809bc1888099">[email protected]</span></a> 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, <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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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\ <a href="https://www.govinfo.gov/content/pkg/FR-2023-03-03/pdf/2023-04494.pdf">https://www.govinfo.gov/content/pkg/FR-2023-03-03/pdf/2023-04494.pdf</a>.
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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 <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 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
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