Airline Ticket Refunds and Consumer Protections, 68944-68945 [2022-24615]
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lotter on DSK11XQN23PROD with PROPOSALS1
68944
Federal Register / Vol. 87, No. 221 / Thursday, November 17, 2022 / Proposed Rules
structural limits. The airplane response
to control input should be predictable to
the pilot. However, § 25.143 does not
adequately ensure that airplanes
incorporating EFCS with flight-envelope
protections will have a level of safety
equivalent to that of existing standards.
Envelope-protection functions are
intended to reduce the likelihood of
excursions, either commanded or
uncommanded, to unintended or
potentially hazardous airplane operating
states. As a consequence of preventing
excursions, these functions can also
restrict aircraft maneuverability, and
may introduce non-traditional behavior.
The proposed special conditions will
ensure that flight-envelope protection
functions support safe operation, and do
not interfere with required maneuvering
in normal and emergency operations,
and in forseeable atmospheric
conditions.
The FAA previously issued separate
special conditions for general limiting,
normal load-factor limiting, high-speed
limiting, and pitch and roll limiting for
airplanes incorporating flight-envelope
protection features. However, the FAA
tasked the Aviation Rulemaking
Advisory Committee (ARAC) in April
2014 (79 FR 20295) to develop
recommended standards for fly-by-wire
flight controls for general flightenvelope protection (limiting) similar to
those provided for conventional control
functions in 14 CFR 25.143. The ARAC
recommended,1 among other things,
performance-based requirements that
would encompass general limiting,
normal load-factor limiting, high-speed
limiting, and pitch and roll limiting
which the FAA previously issued as
separate special conditions. These
proposed special conditions are based
on that ARAC recommendation.
These proposed special conditions
provide the same level of safety as the
prescriptive, design-specific special
conditions the FAA has issued in the
past for general limiting, normal loadfactor limiting, high-speed limiting, and
pitch and roll limiting, thus the FAA
need not issue separate special
conditions to address each of these
areas.
These proposed special conditions are
in addition to the requirements of
§ 25.143. These proposed special
conditions contain the additional safety
standards that the Administrator
considers necessary to establish a level
1 FAA Aviation Rulemaking Advisory Committee,
FTHWG Topic 1 Envelope Protection,
Recommendation Report–Rev. A, March, 2017,
https://www.faa.gov/regulations_policies/
rulemaking/committees/documents/media/09%20%20FTHWG_Final_Report_Phase_2_RevA__Apr_
2017.pdf.
VerDate Sep<11>2014
18:57 Nov 16, 2022
Jkt 259001
of safety equivalent to that established
by the existing airworthiness standards.
Applicability
As discussed above, these proposed
special conditions apply to Airbus
Model A321neo XLR airplanes. Should
Airbus apply later for a change to the
type certificate to include another
model incorporating the same novel or
unusual design feature, the special
conditions would apply to that model as
well.
Conclusion
This action affects only certain novel
or unusual design features on one model
series of airplanes. It is not a rule of
general applicability.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
Authority Citation
The authority citation for these
special conditions is as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113,
44701, 44702, 44704.
The Proposed Special Conditions
Accordingly, the Federal Aviation
Administration (FAA) proposes the
following special conditions as part of
the type certification basis for Airbus
Model A321neo XLR airplanes
equipped with EFCS.
In addition to § 25.143, the following
requirements apply:
(a) Envelope protection functions
must not unduly limit the maneuvering
capability of the airplane, nor interfere
with its ability to perform maneuvers
required for normal and emergency
operations.
(b) Onset characteristics of each flightenvelope protection function must be
appropriate to the phase of flight and
type of maneuver, and must not conflict
with the ability of the pilot to
satisfactorily control the airplane flight
path, speed, and attitude.
(c) Excursions of a limited flight
parameter beyond its nominal designlimit value due to dynamic
maneuvering, airframe and system
tolerances, and non-steady atmospheric
conditions must not result in unsafe
flight characteristics or conditions.
(d) Operation of flight-envelope
protection functions must not adversely
affect aircraft control during expected
levels of atmospheric disturbances, nor
impede the application of recovery
procedures in case of wind shear.
(e) Simultaneous action of flightenvelope protection functions must not
result in adverse coupling or adverse
priority.
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Frm 00014
Fmt 4702
Sfmt 4702
(f) In case of abnormal attitude or
excursion of flight parameters outside
the protected boundaries, operation of
flight-envelope protection functions
must not hinder airplane recovery.
Issued in Kansas City, Missouri, on
November 8, 2022.
Patrick R. Mullen,
Manager, Technical Innovation Policy
Branch, Policy and Innovation Division,
Aircraft Certification Service.
[FR Doc. 2022–24772 Filed 11–16–22; 8:45 am]
BILLING CODE 4910–13–P
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
Office of the Secretary (OST),
Department of Transportation (DOT or
the Department).
ACTION: Extension of comment period on
proposed rule.
AGENCY:
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:
• Federal eRulemaking Portal: go to
https://www.regulations.gov and follow
the online instructions for submitting
comments.
• 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.
• 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.
• Fax: (202) 493–2251.
Instructions: You must include the
agency name and docket number DOT–
OST–2022–0089 or the Regulatory
SUMMARY:
E:\FR\FM\17NOP1.SGM
17NOP1
lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 221 / Thursday, November 17, 2022 / Proposed Rules
Identification Number (RIN 2105–AF04)
for the rulemaking at the beginning of
your comment. All comments received
will be posted without change to
https://www.regulations.gov, 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 https://
www.transportation.gov/privacy.
Docket: For access to the docket to
read background documents and
comments received, go to https://
www.regulations.gov 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),
clereece.kroha@dot.gov or
blane.workie@dot.gov (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
VerDate Sep<11>2014
16:42 Nov 16, 2022
Jkt 259001
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
PO 00000
Frm 00015
Fmt 4702
Sfmt 9990
68945
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]
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]]>Agencies
[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 [www.gpo.gov]
[FR Doc No: 2022-24615]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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:
Federal eRulemaking Portal: go to https://www.regulations.gov and follow the online instructions for submitting
comments.
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.
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.
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 https://www.regulations.gov, 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 https://www.transportation.gov/privacy.
Docket: For access to the docket to read background documents and
comments received, go to https://www.regulations.gov 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),
[email protected] or [email protected] (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]
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