Airline Ticket Refunds and Consumer Protections; Public Hearing, 13387-13389 [2023-04494]
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Federal Register / Vol. 88, No. 42 / Friday, March 3, 2023 / Proposed Rules
(f) Compliance
(j) Additional Information
Comply with this AD within the
compliance times specified, unless already
done.
(1) Refer to Transport Canada AD CF–
2022–43, dated August 9, 2022, for related
information. This Transport Canada AD may
be found in the AD docket at regulations.gov
under Docket No. FAA–2023–0422.
(2) For more information about this AD,
contact Jiwan Karunatilake, Aerospace
Engineer, Airframe and Propulsion Section,
FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590;
telephone 516–228–7300; email 9-avs-nyacocos@faa.gov.
(g) Maintenance or Inspection Program
Revision
Within 60 days after the effective date of
this AD, revise the existing maintenance or
inspection program, as applicable, to
incorporate the information specified in Task
26–20–00–101, ‘‘Visual Check of the Engine
Fire Extinguishing bottle pressure gauge’’ and
Task 26–20–00–102, ‘‘Visual Check of the
APU Fire Extinguishing bottle pressure
gauge,’’ of Section 1, ‘‘Certification
Maintenance Requirements,’’ Subject 1–26,
‘‘Fire Protection,’’ of the MHI RJ Model CL–
600–2C10, CL–600–2D15, CL–600–2D24, and
CL–600–2E25 Series 550/700/705/900/1000
Airworthiness Limitations, Maintenance
Requirements Manual—Part 2, Volume 1,
CSP B–053, Revision 26, dated March 25,
2022 (Task 26–20–00–101 and Task 26–20–
00–102 of the MRM—Part 2, Revision 26).
The initial compliance time for doing the
tasks is at the phase-in time specified in Task
26–20–00–101 and Task 26–20–00–102 of the
MRM—Part 2, Revision 26, or within 60 days
after the effective date of this AD, whichever
occurs later.
(h) No Alternative Actions or Intervals
After the existing maintenance or
inspection program has been revised as
required by paragraph (g) of this AD, no
alternative actions (e.g., inspections) or
intervals may be used unless the actions or
intervals, are approved as an alternative
method of compliance (AMOC) in
accordance with the procedures specified in
paragraph (i)(1) of this AD.
ddrumheller on DSK120RN23PROD with PROPOSALS1
(i) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York ACO
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or
responsible Flight Standards Office, as
appropriate. If sending information directly
to the manager of the certification office,
send it to ATTN: Program Manager,
Continuing Operational Safety, FAA, New
York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone
516–228–7300. Before using any approved
AMOC, notify your appropriate principal
inspector, or lacking a principal inspector,
the manager of the responsible Flight
Standards Office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, New York ACO Branch,
FAA; or Transport Canada; or Bombardier,
Inc.’s Transport Canada Design Approval
Organization (DAO). If approved by the DAO,
the approval must include the DAOauthorized signature.
VerDate Sep<11>2014
18:12 Mar 02, 2023
Jkt 259001
DEPARTMENT OF TRANSPORTATION
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) Task 26–20–00–101, ‘‘Visual Check of
the Engine Fire Extinguishing bottle pressure
gauge’’ and Task 26–20–00–102, ‘‘Visual
Check of the APU Fire Extinguishing bottle
pressure gauge,’’ of Section 1, ‘‘Certification
Maintenance Requirements,’’ Subject 1–26,
‘‘Fire Protection,’’ of the MHI RJ Model CL–
600–2C10, CL–600–2D15, CL–600–2D24, and
CL–600–2E25 Series 550/700/705/900/1000
Airworthiness Limitations, Maintenance
Requirements Manual—Part 2, Volume 1,
CSP B–053, Revision 26, dated March 25,
2022.
(ii) [Reserved]
(3) For service information identified in
this AD, contact MHI RJ Aviation Group,
Customer Response Center, 3655 Ave. des
Grandes-Tourelles, Suite 110, Boisbriand,
Que´bec J7H 0E2 Canada; North America tollfree telephone 833–990–7272 or direct-dial
telephone 450–990–7272; fax 514–855–8501;
email thd.crj@mhirj.com; website mhirj.com.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th
St., Des Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on February 25, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–04301 Filed 3–2–23; 8:45 am]
BILLING CODE 4910–13–P
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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
Office of the Secretary (OST),
U.S. Department of Transportation
(DOT).
ACTION: Public hearing.
AGENCY:
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
https://usdot.zoomgov.com/webinar/
register/WN_u2RfGmWTSICq
QVUyz9TAXA. 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 Cristina.Draguta@
dot.gov 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 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_u2RfGmWTSICqQVUyz9TAXA.
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
Cristina.Draguta@dot.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
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ddrumheller on DSK120RN23PROD with PROPOSALS1
13388
Federal Register / Vol. 88, No. 42 / Friday, March 3, 2023 / Proposed Rules
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
1 See, Airlines for America and the International
Air Transport Association Petition for Hearing,
https://www.regulations.gov/comment/DOT-OST2022-0089-5296.
VerDate Sep<11>2014
18:12 Mar 02, 2023
Jkt 259001
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.
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:
• 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);
• Data on the volume of such
requests, both pre- and during the
COVID–19 public health emergency;
• Information on the volume and
percentage of requests from consumers
that are considered fraudulent;
• Information on the volume and
percentage of requests received that are
not considered fraudulent but
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nonetheless rejected due to being based
on ‘‘unreasonable self-determination;’’
• Data on the costs to airlines and
ticket agents to verify consumers’ claims
regarding contracting a serious
communicable disease;
• 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
• 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:
• 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;
• Information on the types of medical
professionals who are currently
providing the attestations that are
accepted by airlines and ticket agents;
• Information on the types of public
health authority-issued guidance that
are currently affecting air travel;
• Information on airlines’ validation
of medical attestations, including the
procedures, the volume, and the costs
associated with the validation; and
• 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.
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Federal Register / Vol. 88, No. 42 / Friday, March 3, 2023 / Proposed Rules
II. Agenda, Hearing Officer, and PostHearing 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.
ddrumheller on DSK120RN23PROD with PROPOSALS1
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
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 28th
day of February 2023.
John E. Putnam,
General Counsel, U.S. Department of
Transportation.
BILLING CODE 4910–9X–P
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
clereece.kroha@dot.gov 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
18:12 Mar 02, 2023
IV. Viewing Documents
[FR Doc. 2023–04494 Filed 3–2–23; 8:45 am]
III. Public Participation
VerDate Sep<11>2014
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.
Jkt 259001
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Part 399
[Docket No. DOT–OST–2022–0109]
RIN 2105–AF10
Enhancing Transparency of Airline
Ancillary Service Fees
Office of the Secretary (OST),
U.S. Department of Transportation
(DOT).
ACTION: Public hearing.
AGENCY:
This Notice announces a
virtual public hearing on certain issues
related to the U.S. Department of
Transportation’s Notice of Proposed
Rulemaking on Enhancing Transparency
of Airline Ancillary Service Fees.
DATES: The virtual hearing will be held
on March 16, 2023, from 10:00 a.m. to
5:00 p.m. Eastern Time. The hearing is
open to the public, subject to any
technical and/or capacity limitations.
SUMMARY:
PO 00000
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13389
Requests to attend the hearing must be
submitted to https://
usdot.zoomgov.com/webinar/register/
WN_v-c7rpgUR5yvFVePlnQU_A. We
encourage interested parties to register
by Monday, March 13, 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 Cristina.Draguta@
dot.gov by Monday, March 13, 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_v-c7rpgUR5yvFVePlnQU_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
Cristina.Draguta@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On October 20, 2022, the U.S.
Department of Transportation (DOT or
Department) published in the Federal
Register a notice of proposed
rulemaking (NPRM) that proposed
several disclosure requirements to
enhance the transparency of ancillary
service fees so consumers know the true
cost of air travel early in the purchasing
process. (87 FR 63718). In the NPRM,
the Department proposed to require U.S.
air carriers, foreign air carriers, and
ticket agents to clearly disclose
passenger-specific or itinerary-specific
baggage fees, change fees, and
cancellation fees to consumers
whenever fare and schedule information
is provided to consumers for flights to,
within, and from the United States. The
Department also proposed requiring
similar disclosures for fees for a child 13
or under to be seated adjacent to an
accompanying adult, as well as the
transactability of such seating fees. To
ensure ticket agents could provide the
proposed disclosures, the NPRM
proposed requiring carriers to provide
useable, current, and accurate
information regarding fees to ticket
agents that sell or display the carrier’s
fare and schedule information. The
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]]>Agencies
[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 [www.gpo.gov]
[FR Doc No: 2023-04494]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://usdot.zoomgov.com/webinar/register/WN_u2RfGmWTSICqQVUyz9TAXA. 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 [email protected] 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 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_u2RfGmWTSICqQVUyz9TAXA. 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 [email protected].
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.
---------------------------------------------------------------------------
\1\ See, Airlines for America and the International Air
Transport Association Petition for Hearing, https://www.regulations.gov/comment/DOT-OST-2022-0089-5296.
---------------------------------------------------------------------------
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:
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);
Data on the volume of such requests, both pre- and during
the COVID-19 public health emergency;
Information on the volume and percentage of requests from
consumers that are considered fraudulent;
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;''
Data on the costs to airlines and ticket agents to verify
consumers' claims regarding contracting a serious communicable disease;
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
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:
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;
Information on the types of medical professionals who are
currently providing the attestations that are accepted by airlines and
ticket agents;
Information on the types of public health authority-issued
guidance that are currently affecting air travel;
Information on airlines' validation of medical
attestations, including the procedures, the volume, and the costs
associated with the validation; and
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 [email protected] 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 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 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
