Airline Ticket Refunds and Consumer Protections, 15620-15622 [2023-05167]
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15620
Proposed Rules
Federal Register
Vol. 88, No. 49
Tuesday, March 14, 2023
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 50
[NRC–2018–0291]
RIN 3150–AK23
American Society of Mechanical
Engineers Code Cases and Update
Frequency; Correction
Nuclear Regulatory
Commission.
ACTION: Proposed rule; correction.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is correcting a
proposed rule that was published in the
Federal Register on March 6, 2023,
regarding changes to its regulations to
incorporate by reference proposed
revisions of three regulatory guides,
which would approve new, revised, and
reaffirmed code cases published by the
American Society of Mechanical
Engineers. This action is necessary to
make corrections in the estimated
burden for the information collection.
DATES: This correction is effective
March 14, 2023.
ADDRESSES: Please refer to Docket ID
NRC–2018–0291 when contacting the
NRC about the availability of
information for this action. You may
obtain publicly available information
related to this action by any of the
following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2018–0291. Address
questions about NRC dockets to Dawn
Forder; telephone: 301–415–3407;
email: Dawn.Forder@nrc.gov. For
technical questions, contact the
individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
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SUMMARY:
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‘‘Begin Web-based ADAMS Search.’’ For
problems with ADAMS, please contact
the NRC’s Public Document Room (PDR)
reference staff at 1–800–397–4209, at
301–415–4737, or by email to
PDR.Resource@nrc.gov.
• NRC’s PDR: You may examine and
purchase copies of public documents,
by appointment, at the NRC’s PDR,
Room P1 B35, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8:00 a.m. and 4:00 p.m.
eastern time (ET), Monday through
Friday, except Federal holidays.
• Mail Comments for the Proposed
Information Collection: FOIA, Library,
and Information Collections Branch,
Office of the Chief Information Officer,
Mail Stop: T–6 A10M, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001 or to the OMB reviewer
at: OMB Office of Information and
Regulatory Affairs (3150–0011), Attn:
Desk Officer for the Nuclear Regulatory
Commission, 725 17th Street NW,
Washington, DC 20503; email: oira_
submission@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT:
Dennis Andrukat, Office of Nuclear
Material and Safeguards, telephone:
301–415–3561, email:
Dennis.Andrukat@nrc.gov and Bruce
Lin, Office of Nuclear Regulatory
Research, telephone: 301–415–2446,
email: Bruce.Lin@nrc.gov. Both are staff
of the U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
SUPPLEMENTARY INFORMATION: The NRC
may post materials related to this
document, including public comments,
on the Federal rulemaking website at
https://www.regulations.gov under
Docket ID NRC–2018–0291. In addition,
the Federal rulemaking website allows
members of the public to receive alerts
when changes or additions occur in a
docket folder. To subscribe: (1) navigate
to the docket folder (NRC–2018–0291);
(2) click the ‘‘Subscribe’’ link; and (3)
enter an email address and click on the
‘‘Subscribe’’ link.
The NRC is announcing the following
corrected language to the proposed rule
published at 88 FR 13717. On page
13729, in the third column, the number
of responses for the information
collection is provided, ‘‘An estimate of
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Fmt 4702
Sfmt 4702
the number of annual responses: 1.32
(0.66 reporting and 0.66
recordkeeping)’’ should read ‘‘An
estimate of the number of annual
responses: 1.66 (0.66 reporting and 1
recordkeeping)’’. On page 13729, in the
third column, the number of
respondents for the information
collection is provided, ‘‘The estimated
number of annual respondents: 0.66’’
should read ‘‘The estimated number of
annual respondents: 1’’. On page 13729,
in the third column, the estimate of the
total number of hours is provided, ‘‘An
estimate of the total number of hours
needed annually to comply with the
information collection requirement or
request: 158.6’’ should read ‘‘An
estimate of the total number of hours
needed annually to comply with the
information collection requirement or
request: 162’’.
Dated: March 9, 2023.
For the Nuclear Regulatory Commission.
Cindy K. Bladey,
Chief, Regulatory Analysis and Rulemaking
Support Branch, Division of Rulemaking,
Environmental, and Financial Support, Office
of Nuclear Material Safety and Safeguards.
[FR Doc. 2023–05200 Filed 3–13–23; 8:45 am]
BILLING CODE 7590–01–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),
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 Airline Ticket Refunds
and Consumer Protections. By this
notice, the virtual public hearing on this
rulemaking, originally scheduled for
March 14, 2023, is rescheduled to
March 21, 2023. Through this notice,
the Department is also reopening the
SUMMARY:
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Federal Register / Vol. 88, No. 49 / Tuesday, March 14, 2023 / Proposed Rules
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comment period for this rulemaking
from March 21 through March 28, 2023.
DATES: The virtual hearing will be held
on March 21, 2023, from 10 a.m. to 5
p.m. Eastern Time. The hearing is open
to the public, subject to any technical
and/or capacity limitations. Requests to
attend the hearing must be submitted to
https://usdot.zoomgov.com/webinar/
register/WN_qIdrspjdTPexlvXSL5YNXg.
We encourage interested parties to
register by Thursday, March 16, 2023.
Communication Access Real-time
Translation (CART) and sign language
interpretation will be provided during
the hearing. Requests for additional
accommodations because of a disability
must be received at clereece.kroha@
dot.gov by Thursday, March 16, 2023.
ADDRESSES: The virtual hearing will be
open to the public and held via the
Zoom Webinar Platform. Virtual
attendance information will be provided
upon registration. An agenda will be
available on the Department’s Office of
Aviation Consumer Protection website
at 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_qIdrspjdTPexlvXSL5YNXg.
Attendance is open to the public subject
to any technical and/or capacity
limitations. For further information,
please contact Clereece Kroha, Senior
Trial Attorney, by email at
clereece.kroha@dot.gov or by phone at
(202) 366–9041.
SUPPLEMENTARY INFORMATION:
I. Background
On August 22, 2022, the U.S.
Department of Transportation (DOT or
Department) published in the Federal
Register a notice of proposed
rulemaking (NPRM) that proposes to
codify its longstanding interpretation
that it is an unfair business practice for
a U.S. air carrier, a foreign air carrier, or
a ticket agent to refuse to provide
requested refunds to consumers when a
carrier has cancelled or made a
significant change to a scheduled flight
to, from, or within the United States,
and consumers found the alternative
transportation offered by the carrier or
the ticket agent to be unacceptable (87
FR 51550). The NPRM proposes to
define, for the first time, the terms
significant change and cancellation. It
would also require U.S. and foreign
airlines and ticket agents to inform
consumers that they are entitled to a
refund if that is the case before making
an offer for travel credits, vouchers, or
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16:39 Mar 13, 2023
Jkt 259001
other compensation in lieu of refunds.
The Department further proposes to
require that U.S. and foreign air carriers
and ticket agents provide non-expiring
travel vouchers or credits to consumers
holding non-refundable tickets for
scheduled flights to, from, or within the
United States who are unable to travel
as scheduled in certain circumstances
related to a serious communicable
disease. If the carrier or ticket agent
received significant financial assistance
from the government because of a public
health emergency, the Department
proposes to require U.S. and foreign air
carriers and ticket agents provide
refunds, in lieu of non-expiring travel
vouchers or credits. The NPRM
proposes to allow carriers and ticket
agents to require consumers provide
evidence to support their assertion of
entitlement to a travel voucher, credit,
or refund. The comment period for the
NPRM, which was extended for
approximately 4 weeks in response to a
request for additional opportunity to
comment,1 closed on December 16,
2022.
On December 16, 2022, Airlines for
America (A4A) and International Air
Transport Association (IATA)
(collectively ‘‘Petitioners’’) filed a
petition to request a public hearing on
the NPRM pursuant to the Department’s
regulation on rulemakings relating to
unfair and deceptive practices, 14 CFR
399.75.2 The Petitioners specifically
raise three issues regarding the NPRM
and request that these issues be
addressed in the hearing. For each issue,
Petitioners argue that it meets the
threshold set forth in section 399.75 for
granting a public hearing because the
underlying proposed rule depends on
conclusions concerning one or more
specific scientific, technical, economic,
or other factual issues that are genuinely
in dispute; because the ordinary public
comment process is unlikely to provide
an adequate examination of the issue to
permit a fully informed judgement;
because the resolution of the disputed
factual issues would likely have a
material effect on the costs and benefits
of the proposed rule; because the
requested hearing on the issue would
advance the consideration of the
proposed rule and the General Counsel’s
ability to make the rulemaking
determinations required by the
Department’s regulation; and because
granting the petition would not unduly
delay the rulemaking.
1 87
FR 68944 (Nov. 17, 2022).
Airlines for America and the International
Air Transport Association Petition for Hearing,
https://www.regulations.gov/comment/DOT-OST2022-0089-5296.
2 See,
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15621
By a notice dated March 3, 2023, the
Department granted the requests for a
public hearing and originally scheduled
the hearing for March 14, 2023.3 The
Department noted that the scope of the
hearing would be limited to the factual
issues specified in the March 3 notice.
On March 6, 2023, A4A requested that
the public hearing be rescheduled and
for additional explanation of the hearing
procedure. A4A requested that the
hearing be rescheduled by two weeks,
stating that the five business days
provided for the hearing was
insufficient to identify speakers and to
compile data responsive to the subjects
presented in the March 3 notice. A4A
also stated that it would have difficulty
finding participants due to the hearing
being scheduled during the Spring
Break season. A4A noted that
scheduling this hearing in close
proximity (within two days) of a DOT
public hearing on a different
rulemaking 4 is an unreasonable
expectation for stakeholders who must
prepare for both hearings.
A4A also reiterated its request for a
neutral hearing officer to preside over
the hearing, expressing its disagreement
with the appointment of Ms. Blane
Workie, the Department’s Assistant
General Counsel for the Office of
Aviation Consumer Protection and the
Department’s designated Aviation
Consumer Advocate. On March 8, 2023,
IATA wrote to express support for
A4A’s requests.
II. Rescheduling of Public Hearing
After careful consideration of the
points raised by A4A, the Department
has decided to reschedule its public
hearing on the Airline Ticket Refunds
and Consumer Protections NPRM to
March 21, 2023. While the Department
was surprised to learn that the party that
had requested the public hearing was
unprepared to present views on the
topics for which they had requested the
hearing, the Department wants to ensure
that stakeholders, including A4A, have
an adequate opportunity to be heard on
this rulemaking and for this reason, has
determined that a seven-day extension
to assist with preparation for the hearing
is reasonable. As part of this
rescheduling, the length of the hearing
will also be extended to ensure adequate
time is afforded to those who wish to
comment. The hearing will be held from
10 a.m. to 5 p.m. ET. As noted in
Section IV of this notice, if all
participants have expressed their views
prior to the scheduled 5 p.m. end time,
3 88
4 88
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FR 13387.
FR 13389.
14MRP1
15622
Federal Register / Vol. 88, No. 49 / Tuesday, March 14, 2023 / Proposed Rules
the Department may end the hearing
prior to 5 p.m.
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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
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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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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:
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]]>Agencies
[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Proposed Rules]
[Pages 15620-15622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05167]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Parts 259, 260, 399
[Docket No. DOT-OST-2022-0089]
RIN 2105-AF04
Airline Ticket Refunds and Consumer Protections
AGENCY: Office of the Secretary (OST), U.S. Department of
Transportation (DOT).
ACTION: Public hearing; reopen comment period.
-----------------------------------------------------------------------
SUMMARY: This notice announces a virtual public hearing on certain
issues related to the U.S. Department of Transportation's Notice of
Proposed Rulemaking on Airline Ticket Refunds and Consumer Protections.
By this notice, the virtual public hearing on this rulemaking,
originally scheduled for March 14, 2023, is rescheduled to March 21,
2023. Through this notice, the Department is also reopening the
[[Page 15621]]
comment period for this rulemaking from March 21 through March 28,
2023.
DATES: The virtual hearing will be held on March 21, 2023, from 10 a.m.
to 5 p.m. Eastern Time. The hearing is open to the public, subject to
any technical and/or capacity limitations. Requests to attend the
hearing must be submitted to https://usdot.zoomgov.com/webinar/register/WN_qIdrspjdTPexlvXSL5YNXg. We encourage interested parties to
register by Thursday, March 16, 2023. Communication Access Real-time
Translation (CART) and sign language interpretation will be provided
during the hearing. Requests for additional accommodations because of a
disability must be received at [email protected] by Thursday,
March 16, 2023.
ADDRESSES: The virtual hearing will be open to the public and held via
the Zoom Webinar Platform. Virtual attendance information will be
provided upon registration. An agenda will be available on the
Department's Office of Aviation Consumer Protection website at 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_qIdrspjdTPexlvXSL5YNXg. Attendance is open to the public
subject to any technical and/or capacity limitations. For further
information, please contact Clereece Kroha, Senior Trial Attorney, by
email at [email protected] or by phone at (202) 366-9041.
SUPPLEMENTARY INFORMATION:
I. Background
On August 22, 2022, the U.S. Department of Transportation (DOT or
Department) published in the Federal Register a notice of proposed
rulemaking (NPRM) that proposes to codify its longstanding
interpretation that it is an unfair business practice for a U.S. air
carrier, a foreign air carrier, or a ticket agent to refuse to provide
requested refunds to consumers when a carrier has cancelled or made a
significant change to a scheduled flight to, from, or within the United
States, and consumers found the alternative transportation offered by
the carrier or the ticket agent to be unacceptable (87 FR 51550). The
NPRM proposes to define, for the first time, the terms significant
change and cancellation. It would also require U.S. and foreign
airlines and ticket agents to inform consumers that they are entitled
to a refund if that is the case before making an offer for travel
credits, vouchers, or other compensation in lieu of refunds. The
Department further proposes to require that U.S. and foreign air
carriers and ticket agents provide non-expiring travel vouchers or
credits to consumers holding non-refundable tickets for scheduled
flights to, from, or within the United States who are unable to travel
as scheduled in certain circumstances related to a serious communicable
disease. If the carrier or ticket agent received significant financial
assistance from the government because of a public health emergency,
the Department proposes to require U.S. and foreign air carriers and
ticket agents provide refunds, in lieu of non-expiring travel vouchers
or credits. The NPRM proposes to allow carriers and ticket agents to
require consumers provide evidence to support their assertion of
entitlement to a travel voucher, credit, or refund. The comment period
for the NPRM, which was extended for approximately 4 weeks in response
to a request for additional opportunity to comment,\1\ closed on
December 16, 2022.
---------------------------------------------------------------------------
\1\ 87 FR 68944 (Nov. 17, 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.\2\ The Petitioners specifically raise three
issues regarding the NPRM and request that these issues be addressed in
the hearing. For each issue, Petitioners argue that it meets the
threshold set forth in section 399.75 for granting a public hearing
because the underlying proposed rule depends on conclusions concerning
one or more specific scientific, technical, economic, or other factual
issues that are genuinely in dispute; because the ordinary public
comment process is unlikely to provide an adequate examination of the
issue to permit a fully informed judgement; because the resolution of
the disputed factual issues would likely have a material effect on the
costs and benefits of the proposed rule; because the requested hearing
on the issue would advance the consideration of the proposed rule and
the General Counsel's ability to make the rulemaking determinations
required by the Department's regulation; and because granting the
petition would not unduly delay the rulemaking.
---------------------------------------------------------------------------
\2\ See, Airlines for America and the International Air
Transport Association Petition for Hearing, https://www.regulations.gov/comment/DOT-OST-2022-0089-5296.
---------------------------------------------------------------------------
By a notice dated March 3, 2023, the Department granted the
requests for a public hearing and originally scheduled the hearing for
March 14, 2023.\3\ The Department noted that the scope of the hearing
would be limited to the factual issues specified in the March 3 notice.
On March 6, 2023, A4A requested that the public hearing be rescheduled
and for additional explanation of the hearing procedure. A4A requested
that the hearing be rescheduled by two weeks, stating that the five
business days provided for the hearing was insufficient to identify
speakers and to compile data responsive to the subjects presented in
the March 3 notice. A4A also stated that it would have difficulty
finding participants due to the hearing being scheduled during the
Spring Break season. A4A noted that scheduling this hearing in close
proximity (within two days) of a DOT public hearing on a different
rulemaking \4\ is an unreasonable expectation for stakeholders who must
prepare for both hearings.
---------------------------------------------------------------------------
\3\ 88 FR 13387.
\4\ 88 FR 13389.
---------------------------------------------------------------------------
A4A also reiterated its request for a neutral hearing officer to
preside over the hearing, expressing its disagreement with the
appointment of Ms. Blane Workie, the Department's Assistant General
Counsel for the Office of Aviation Consumer Protection and the
Department's designated Aviation Consumer Advocate. On March 8, 2023,
IATA wrote to express support for A4A's requests.
II. Rescheduling of Public Hearing
After careful consideration of the points raised by A4A, the
Department has decided to reschedule its public hearing on the Airline
Ticket Refunds and Consumer Protections NPRM to March 21, 2023. While
the Department was surprised to learn that the party that had requested
the public hearing was unprepared to present views on the topics for
which they had requested the hearing, the Department wants to ensure
that stakeholders, including A4A, have an adequate opportunity to be
heard on this rulemaking and for this reason, has determined that a
seven-day extension to assist with preparation for the hearing is
reasonable. As part of this rescheduling, the length of the hearing
will also be extended to ensure adequate time is afforded to those who
wish to comment. The hearing will be held from 10 a.m. to 5 p.m. ET. As
noted in Section IV of this notice, if all participants have expressed
their views prior to the scheduled 5 p.m. end time,
[[Page 15622]]
the Department may end the hearing prior to 5 p.m.
III. Agenda, Hearing Officer, and Post-Hearing Actions
The Department has considered A4A's request for the appointment of
a different hearing officer and has decided to retain the appointment
of Blane Workie as the designated Hearing Officer. The Department notes
that the Hearing Officer's role is to preside over the hearing. In that
regard, Ms. Workie's appointment is appropriate because: (1) she is a
career civil servant who will execute this role in a neutral, fair, and
professional manner; (2) her responsibilities as an Aviation Consumer
Advocate are those that she has had as an Assistant General Counsel of
the Office of the Aviation Consumer Protection and such
responsibilities do not make her biased; and (3) the Hearing Officer's
role is to conduct the meeting using generally accepted meeting
management techniques and to not serve as a decisionmaker. As stated in
the Department's regulations in 14 CFR 399.75, the General Counsel
considers the record of the hearing and makes a reasoned determination
whether to terminate the rulemaking, proceed with the rulemaking as
proposed, or modify the proposed rule.
The regulations further require the General Counsel to explain, in
an appropriate rulemaking document published in the Federal Register,
the rationale for the post-hearing decision made by the General
Counsel. The rationale for the post-hearing decision made by the
General Counsel will be explained in any final rule or other
appropriate rulemaking document issued by the Department for this
action.
IV. Public Participation and Procedures
The March 21, 2023, hearing will begin at 10 a.m. ET, and the
Department will provide time for opening remarks by the Hearing
Officer. The meeting will then transition to public comments and
presentations. Any oral comments presented should be limited to the
subjects described in the March 3 notice and be brief so that all
participants will have an opportunity to speak. If a meeting
participant wishes to speak on a particular topic identified in the
March 3, 2023, notice,\5\ the participant must register in advance to
speak on the topic. We ask individuals requesting to speak to specify
the length of time that they would like to have allotted to them. Based
on the number of participants who register to speak on a particular
topic, the Department will allot time to individual speakers in a way
that maximizes each speaker's ability to present their views and to
ensure a wide variety of perspectives. The Hearing Officer may ask
clarifying questions during the hearing but will otherwise reserve
speaking time after opening remarks for meeting participants. The
intent of the hearing is to ensure that the Department is able to hear
from petitioners and other interested parties regarding the issues
raised in the petition. If the volume of requests for oral comments
received and any additional comments, responses, and/or presentations
that participants may wish to make is such that all participants have
expressed their views prior to the scheduled 5 p.m. end time, the
Department may end the hearing prior to 5 p.m.
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\5\ https://www.govinfo.gov/content/pkg/FR-2023-03-03/pdf/2023-04494.pdf.
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Individual members of the public who wish to present oral comments
must notify the Department of Transportation, no later than Thursday,
March 16 via the meeting's registration link and specify in the
registration those topics on which they wish to provide comments. All
written materials (e.g., PowerPoint presentations) presented at the
hearing will be made part of the meeting's record.
As discussed in Section V of this notice and consistent with the
requirement of 14 CFR 399.75, the Department plans to reopen the
comment period for this rulemaking on March 21, 2023, the date of the
hearing. The comment period will remain open for seven (7) days,
through March 28, 2023. Interested parties who wish to file statements
or comments that are specifically related to the subject(s) discussed
at the hearing may submit their written comments electronically to the
NPRM Docket (DOT-OST-2022-0089).
After the hearing and after the record of the hearing is closed,
the hearing officer will place on the rulemaking docket minutes of the
hearing reflecting the evidence and arguments presented on the issues.
V. Reopening of Public Comment Period
Consistent with the procedural requirement under section 14 CFR
399.75, which provides that interested parties shall be given an
opportunity to file statements or comments after a hearing on the
proposed regulation, the Department is reopening the comment period for
the NPRM from March 21 through March 28, 2023. New comments submitted
to the Docket should pertain to subjects discussed in the petition for
hearing and during the March 21, 2023, hearing.
VI. Viewing Documents
Documents associated with the NPRM on Enhancing Transparency of
Airline Ancillary Service Fees may be accessed in the rulemaking Docket
(DOT-OST-2022-0089). Dockets may be accessed at 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
