Enhancing Transparency of Airline Ancillary Service Fees, 15622-15624 [2023-05165]
Download as PDF
15622
Federal Register / Vol. 88, No. 49 / Tuesday, March 14, 2023 / Proposed Rules
the Department may end the hearing
prior to 5 p.m.
ddrumheller on DSK120RN23PROD with PROPOSALS1
III. Agenda, Hearing Officer, and PostHearing 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
5 https://www.govinfo.gov/content/pkg/FR-202303-03/pdf/2023-04494.pdf.
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16:39 Mar 13, 2023
Jkt 259001
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.
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.
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Frm 00003
Fmt 4702
Sfmt 4702
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
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 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
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. Reopen
comment period.
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. By
this Notice, the virtual public hearing
on this rulemaking, originally scheduled
for March 16, 2023, is rescheduled to
March 30, 2023. Through this notice,
the Department also reopens the
comment period for the rulemaking and
will accept comments through April 6,
2023.
DATES: The virtual hearing will be held
on March 30, 2023, from 9 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
https://usdot.zoomgov.com/webinar/
register/WN_MSHu2poARNCKM8vI4q5mQ. We encourage interested parties
to register by Monday, March 27, 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 ryan.patanaphan@
dot.gov by Monday, March 27, 2023.
SUMMARY:
E:\FR\FM\14MRP1.SGM
14MRP1
Federal Register / Vol. 88, No. 49 / Tuesday, March 14, 2023 / Proposed Rules
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.
ADDRESSES:
To
register and attend this virtual hearing,
please use the link: https://
usdot.zoomgov.com/webinar/register/
WN_MSHu2poARNCKM8vI4-q5mQ.
Attendance is open to the public subject
to any technical and/or capacity
limitations. For further information,
please contact Ryan Patanaphan, Senior
Trial Attorney, by email at
ryan.patanaphan@dot.gov or by phone
at (202) 366–9180.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with PROPOSALS1
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
NPRM also proposed an implementation
and compliance period of six months
from the date of a potential final rule.
The NPRM provided for a comment
period of 60 days after publication of
the NPRM in the Federal Register, i.e.,
December 19, 2022. In response to a
request for additional opportunity to
comment, the Department extended the
comment period for an additional 35
VerDate Sep<11>2014
16:39 Mar 13, 2023
Jkt 259001
days to January 23, 2023.1 The
Department subsequently received a
request to further extend the comment
period on the basis that the requestor
was not able to view the January 12,
2023, meeting of the Aviation Consumer
Protection Advisory Committee meeting
when it occurred and that as of the time
the request for extension was submitted,
the meeting materials had not been
posted to the docket. The Department
declined to extend the comment period
based on that request. (88 FR 4923 (Jan.
26, 2023)). The Department received
another request for additional time to
provide comments on the NPRM, based
primarily on technological and interface
issues identified by the petitioner. The
Department posted a notice stating that
it was considering whether to grant that
request and would publish its
determination in the Federal Register
(See https://www.transportation.gov/
airconsumer/AncillaryFeeNPRMProcedural-Information-January232023.) As discussed in Section V. of this
notice, the Department has determined
to grant the Travelers United request for
additional time to submit comments.
On January 23, 2023, multiple
commenters petitioned the Department
for 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
Airlines for America raised two
questions in its petition: whether
consumers are or are likely to be
substantially injured or are misled by
airlines’ current disclosures of ancillary
service fees; and whether disclosures of
itinerary-specific ancillary fees at the
time of first search will result in the
display of incomplete or inapplicable
ancillary fee information, cause
consumer confusion, and distort the
marketplace. The Travel Technology
Association (Travel Tech) states in its
petition that there is a fundamental
disputed factual issue as to whether the
proposed display requirements would
benefit or harm consumers. Travel Tech
also believes that the proposed
disclosures are technically infeasible
and has requested a hearing to discuss
these concerns as well as the
Department’s proposed time frame for
compliance. In its comment on the
NPRM, Google LLC also requested a
hearing based on its assertion that the
Department’s analysis was flawed and
1 87
FR 77765 (Dec. 20, 2022).
e.g., petitions for hearing from Airlines for
America, https://www.regulations.gov/comment/
DOT-OST-2022-0109-0091, the Travel Technology
Association, https://www.regulations.gov/comment/
DOT-OST-2022-0109-0239, and Google LLC,
https://www.regulations.gov/comment/DOT-OST2022-0109-0088.
2 See,
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
15623
that it was deficient in providing its
complaint-based evidence justifying the
rulemaking. In arguing that a hearing is
in the public interest pursuant to 14
CFR 399.75, Airlines for America and
Travel Tech assert that the underlying
proposed rule depends on conclusions
concerning one or more specific
scientific, technical, economic, or other
factual issues that are genuinely in
dispute; the ordinary public comment
process is unlikely to provide an
adequate examination of the issue to
permit a fully informed judgement; the
resolution of the disputed factual issues
would likely have a material effect on
the costs and benefits of the proposed
rule; 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 a hearing
will not unreasonably delay completion
of this rulemaking.
By a notice dated March 3, 2023, the
Department granted the requests for a
public hearing and originally scheduled
the hearing for March 16, 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, Airlines for America
(A4A) and the Travel Technology
Association (Travel Tech) requested that
the public hearing be rescheduled and
for additional explanation of the hearing
procedures. Both organizations
requested that the hearing be postponed
for one month until April 17, 2023,
stating that the fifteen days’ notice (or
ten business days, per A4A’s request)
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. Both organizations also
noted that a public hearing on the
Airline Ticket Refunds and Consumer
Protections NPRM had been scheduled
for March 14,4 giving them inadequate
time to prepare for the March 16 hearing
on the NPRM on ancillary fees.
A4A also reiterated its request for a
neutral hearing officer to preside over
the hearing, expressing its disagreement
with the appointment of 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,
the International Air Transport
3 88
4 88
E:\FR\FM\14MRP1.SGM
FR 13389.
FR 13387.
14MRP1
15624
Federal Register / Vol. 88, No. 49 / Tuesday, March 14, 2023 / Proposed Rules
Association (IATA) wrote to express
support for A4A and Travel Tech’s
requests.
ddrumheller on DSK120RN23PROD with PROPOSALS1
II. Rescheduling of Public Hearing
After careful consideration of the
points raised by A4A and Travel Tech,
the Department has decided to
reschedule its public hearing on the
Enhancing Transparency of Airline
Ancillary Service Fees NPRM to March
30, 2023. While the Department was
surprised to learn that the parties that
had requested the public hearing were
unprepared to present views on the
topics for which they had requested the
hearing, the Department wants to ensure
that stakeholders, including the
petitioners, have an adequate
opportunity to be heard on this
rulemaking and for this reason, has
determined that a 14-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 9 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, the Department may end
the hearing prior to 5 p.m.
III. Agenda, Hearing Officer, and PostHearing 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
VerDate Sep<11>2014
16:39 Mar 13, 2023
Jkt 259001
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 30, 2023, hearing will
begin at 9 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
that 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.
Individual members of the public who
wish to present oral comments must
notify the Department of Transportation,
no later than Monday, March 27 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.
The comment period will remain open
through April 6, 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–2022–0109).
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, and
in granting the Travelers United request
for additional time to submit comments,
the Department is reopening the
comment period for the NPRM from
March 14, 2023 through April 6, 2023.
The Department will consider any
comments received from publication of
the NPRM through April 6, 2023 to be
timely filed. New comments submitted
to the Docket may include, but need not
be limited to, subjects discussed in the
petition for hearing and during the
March 30, 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–
2022–0109). 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 9th day
of March 2023.
John E. Putnam,
General Counsel, U.S. Department of
Transportation.
[FR Doc. 2023–05165 Filed 3–13–23; 8:45 am]
BILLING CODE 4910–9X–P
5 88 FR 13389, available at https://
www.federalregister.gov/documents/2023/03/03/
2023-04510/enhancing-transparency-of-airlineancillary-service-fees.
PO 00000
Frm 00005
Fmt 4702
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Agencies
[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Proposed Rules]
[Pages 15622-15624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05165]
-----------------------------------------------------------------------
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
AGENCY: Office of the Secretary (OST), U.S. Department of
Transportation (DOT).
ACTION: Public hearing. Reopen comment period.
-----------------------------------------------------------------------
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 Enhancing Transparency of Airline Ancillary
Service Fees. By this Notice, the virtual public hearing on this
rulemaking, originally scheduled for March 16, 2023, is rescheduled to
March 30, 2023. Through this notice, the Department also reopens the
comment period for the rulemaking and will accept comments through
April 6, 2023.
DATES: The virtual hearing will be held on March 30, 2023, from 9 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 https://usdot.zoomgov.com/webinar/register/WN_MSHu2poARNCKM8vI4-q5mQ. We encourage interested parties to
register by Monday, March 27, 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 Monday, March
27, 2023.
[[Page 15623]]
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_MSHu2poARNCKM8vI4-q5mQ. Attendance is open to the public
subject to any technical and/or capacity limitations. For further
information, please contact Ryan Patanaphan, Senior Trial Attorney, by
email at [email protected] or by phone at (202) 366-9180.
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 NPRM also proposed an
implementation and compliance period of six months from the date of a
potential final rule.
The NPRM provided for a comment period of 60 days after publication
of the NPRM in the Federal Register, i.e., December 19, 2022. In
response to a request for additional opportunity to comment, the
Department extended the comment period for an additional 35 days to
January 23, 2023.\1\ The Department subsequently received a request to
further extend the comment period on the basis that the requestor was
not able to view the January 12, 2023, meeting of the Aviation Consumer
Protection Advisory Committee meeting when it occurred and that as of
the time the request for extension was submitted, the meeting materials
had not been posted to the docket. The Department declined to extend
the comment period based on that request. (88 FR 4923 (Jan. 26, 2023)).
The Department received another request for additional time to provide
comments on the NPRM, based primarily on technological and interface
issues identified by the petitioner. The Department posted a notice
stating that it was considering whether to grant that request and would
publish its determination in the Federal Register (See https://www.transportation.gov/airconsumer/AncillaryFeeNPRM-Procedural-Information-January23-2023.) As discussed in Section V. of this notice,
the Department has determined to grant the Travelers United request for
additional time to submit comments.
---------------------------------------------------------------------------
\1\ 87 FR 77765 (Dec. 20, 2022).
---------------------------------------------------------------------------
On January 23, 2023, multiple commenters petitioned the Department
for 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\ Airlines for America raised two questions in its
petition: whether consumers are or are likely to be substantially
injured or are misled by airlines' current disclosures of ancillary
service fees; and whether disclosures of itinerary-specific ancillary
fees at the time of first search will result in the display of
incomplete or inapplicable ancillary fee information, cause consumer
confusion, and distort the marketplace. The Travel Technology
Association (Travel Tech) states in its petition that there is a
fundamental disputed factual issue as to whether the proposed display
requirements would benefit or harm consumers. Travel Tech also believes
that the proposed disclosures are technically infeasible and has
requested a hearing to discuss these concerns as well as the
Department's proposed time frame for compliance. In its comment on the
NPRM, Google LLC also requested a hearing based on its assertion that
the Department's analysis was flawed and that it was deficient in
providing its complaint-based evidence justifying the rulemaking. In
arguing that a hearing is in the public interest pursuant to 14 CFR
399.75, Airlines for America and Travel Tech assert that the underlying
proposed rule depends on conclusions concerning one or more specific
scientific, technical, economic, or other factual issues that are
genuinely in dispute; the ordinary public comment process is unlikely
to provide an adequate examination of the issue to permit a fully
informed judgement; the resolution of the disputed factual issues would
likely have a material effect on the costs and benefits of the proposed
rule; 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 a hearing will not unreasonably delay completion of
this rulemaking.
---------------------------------------------------------------------------
\2\ See, e.g., petitions for hearing from Airlines for America,
https://www.regulations.gov/comment/DOT-OST-2022-0109-0091, the
Travel Technology Association, https://www.regulations.gov/comment/DOT-OST-2022-0109-0239, and Google LLC, https://www.regulations.gov/comment/DOT-OST-2022-0109-0088.
---------------------------------------------------------------------------
By a notice dated March 3, 2023, the Department granted the
requests for a public hearing and originally scheduled the hearing for
March 16, 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, Airlines for America (A4A) and the Travel Technology
Association (Travel Tech) requested that the public hearing be
rescheduled and for additional explanation of the hearing procedures.
Both organizations requested that the hearing be postponed for one
month until April 17, 2023, stating that the fifteen days' notice (or
ten business days, per A4A's request) 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. Both organizations also noted that a
public hearing on the Airline Ticket Refunds and Consumer Protections
NPRM had been scheduled for March 14,\4\ giving them inadequate time to
prepare for the March 16 hearing on the NPRM on ancillary fees.
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\3\ 88 FR 13389.
\4\ 88 FR 13387.
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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 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, the
International Air Transport
[[Page 15624]]
Association (IATA) wrote to express support for A4A and Travel Tech's
requests.
II. Rescheduling of Public Hearing
After careful consideration of the points raised by A4A and Travel
Tech, the Department has decided to reschedule its public hearing on
the Enhancing Transparency of Airline Ancillary Service Fees NPRM to
March 30, 2023. While the Department was surprised to learn that the
parties that had requested the public hearing were unprepared to
present views on the topics for which they had requested the hearing,
the Department wants to ensure that stakeholders, including the
petitioners, have an adequate opportunity to be heard on this
rulemaking and for this reason, has determined that a 14-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 9 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, 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 30, 2023, hearing will begin at 9 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 that 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\ 88 FR 13389, available at https://www.federalregister.gov/documents/2023/03/03/2023-04510/enhancing-transparency-of-airline-ancillary-service-fees.
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Individual members of the public who wish to present oral comments
must notify the Department of Transportation, no later than Monday,
March 27 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. The comment period will remain open
through April 6, 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-2022-0109).
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, and in granting the Travelers United request for
additional time to submit comments, the Department is reopening the
comment period for the NPRM from March 14, 2023 through April 6, 2023.
The Department will consider any comments received from publication of
the NPRM through April 6, 2023 to be timely filed. New comments
submitted to the Docket may include, but need not be limited to,
subjects discussed in the petition for hearing and during the March 30,
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-2022-0109). 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 9th day of March 2023.
John E. Putnam,
General Counsel, U.S. Department of Transportation.
[FR Doc. 2023-05165 Filed 3-13-23; 8:45 am]
BILLING CODE 4910-9X-P