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DOT/OST RIN: 2105-AE11 Publication ID: Fall 2011 
Title:+Enhancing Airline Passenger Protections III 
Abstract: This rulemaking would address the following issues: (1) Whether the Department should require a marketing carrier to provide assistance to its code-share partner when a flight operated by the code-share partner experiences a lengthy tarmac delay; (2) whether the Department should enhance disclosure requirements on code-share operations, including requiring on-time performance data, reporting of certain data code-share operations, and codifying the statutory amendment of 49 U.S.C. 41712(c) regarding website schedule disclosure of code-share operations; (3) whether the Department should expand the on-time performance "reporting carrier" pool to include smaller carriers; (4) whether the Department should require travel agents to adopt minimum customer service standards in relation to the sale of air transportation; (5) whether the Department should require ticket agents to disclose the carriers whose tickets they sell or do not sell and information regarding any incentive payments they receive in connection with the sale of air transportation; (6) whether the Department should require ticket agents to disclose any preferential display of individual fares or carriers in the ticket agent's Internet displays; (7) whether the Department should require additional or special disclosures regarding certain substantial fees; e.g., oversize or overweight baggage fees; (8) whether the Department should prohibit post-purchase price increase for all services and products not purchased with the ticket or whether it is sufficient to prohibit post-purchase prices increases for baggage charges that traditionally have been included in the ticket price; and (9) whether the Department should require that ancillary fees be displayed through all sale channels. 
Agency: Department of Transportation(DOT)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 14 CFR 244    14 CFR 250    14 CFR 253    14 CFR 259    14 CFR 399   
Legal Authority: 49 USC 41712    49 USC 40101    49 USC 41702   
Legal Deadline:  None

Statement of Need: On April 25, 2011, the Department of Transportation published in the Federal Register a final rule on Enhancing Airline Passenger Protections (76 FR 23110). Among other requirements, the rule contains several requirements for U.S. and foreign air carriers, ticket agents, and other sellers of air transportation to disclose to consumers the cost of certain ancillary services. The rule requires disclosure through various methods. One issue the rulemaking requested comment on was whether the Department should require information regarding the cost of airline ancillary services to be displayed through Global Distribution Systems in order to enhance transparency of such fees to consumers. Because the Department lacked critical information on the issue, the Department deferred the issue to this rulemaking. This rulemaking will address that issue as well as several other airline consumer protection proposals.

Summary of the Legal Basis: The Department has authority and responsibility under 49 U.S.C. section 41712, in concert with 49 U.S.C. 40101 and 49 U.S.C. section 41702, to protect consumers from unfair and deceptive practices and to ensure safe and adequate service in air transportation.

Alternatives: One alternative would be to take no regulatory action. Also, various regulatory alternatives will be developed and the public will be afforded an opportunity to provide comments when the Department publishes the proposed rule in the Federal Register.

Anticipated Costs and Benefits: TBD

Risks: The risk of not taking regulatory action would be the continuation of a system where passengers cannot determine the true cost of their air travel.

Action Date FR Cite
Supplemental NPRM  08/00/2012    
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Undetermined 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: Yes 
Related RINs: Related to 2105-AD72, Related to 2105-AD92 
Agency Contact:
Blane A Workie
Principal Deputy Assistant General Counsel
Department of Transportation
Office of the Secretary
1200 New Jersey Avenue, SE,
Washington, DC 20590
Phone:202 366-9342
TDD Phone:202 755-7687
Fax:202 366-7152