[Federal Register Volume 86, Number 158 (Thursday, August 19, 2021)]
[Notices]
[Pages 46753-46754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17749]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2018-0190]


Aviation Consumer Protection Advisory Committee: Notice of 
Solicitation of Nominations for Appointment for the Anti-Discrimination 
Subcommittee

AGENCY: Office of the Secretary (OST), Department of Transportation 
(DOT).

ACTION: Solicitation of nominations for appointment for the Anti-
Discrimination Subcommittee.

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SUMMARY: The U.S. Department of Transportation (Department) has 
established a subcommittee of the Aviation Consumer Protection Advisory 
Committee (ACPAC) to focus on preventing discrimination and ensuring 
air travelers are treated equally and without bias. The Department 
invites interested persons to submit applications or nominations for 
membership to this subcommittee, which has been named the Anti-
Discrimination Subcommittee. The Anti-Discrimination Subcommittee is 
charged with making recommendations to the ACPAC on best practices 
related to training and other practices or actions that can be taken by 
DOT, airlines or others to ensure nondiscriminatory delivery of 
airlines' programs and activities to air travelers. The recommendations 
of the Anti-Discrimination Subcommittee will receive full review, 
deliberation and proper consideration in a public meeting of the ACPAC 
before final recommendations are submitted to the Department.

DATES: Applications and nominations for membership must be received on 
or before September 20, 2021. You may submit your applications and 
nominations electronically via email to [email protected].

FOR FURTHER INFORMATION CONTACT: For further information, please 
contact Maegan Johnson, Senior Trial Attorney, U.S. Department of 
Transportation, by email at [email protected], or by telephone at 
202-366-9342.

SUPPLEMENTARY INFORMATION:

Background

    On May 24, 2012, the Department established an advisory committee 
on aviation consumer protection as mandated by the FAA Reauthorization 
Act of 2012. The statutory termination date for the Committee was 
originally September 30, 2015, but has been extended several times, 
most recently by the FAA Reauthorization Act of 2018 (2018 FAA Act) to 
the current termination date of September 20, 2023. The purpose of the 
Aviation Consumer Protection Advisory Committee is to evaluate existing 
aviation consumer protection programs and provide recommendations to 
the Secretary for improving and establishing additional aviation 
consumer protection programs. Consumer protection inherently includes 
preventing unlawful discrimination against consumers.

Establishment of the Anti-Discrimination Subcommittee

    Airlines are prohibited from discriminating against passengers 
based on race, national origin, religion, ancestry, gender, gender 
identity and sexual orientation or as otherwise prohibited under 49 
U.S.C. 40127(a) and 49 U.S.C. 41310. 49 U.S.C. 40127(a) states that 
U.S. and foreign air carriers may not subject a person in air 
transportation to discrimination because of ``race, color, national 
origin, religion, sex, or ancestry.'' In addition, 49 U.S.C. 41310(a) 
prohibits U.S. and foreign airlines from unreasonable discrimination 
against any person in foreign air transportation. The Department also 
interprets 49 U.S.C. Sec.  41712 (which prohibits airlines and ticket 
agents from engaging in unfair and deceptive practices and unfair 
methods of competition) and 49 U.S.C. 41702 (which requires airlines to 
provide safe and adequate interstate air transportation) as prohibiting 
discrimination against airline passengers. The Department is 
responsible for ensuring that airlines adhere to Federal non-
discrimination laws.
    The 2018 FAA Act requires the Department to develop best practices 
to improve airline nondiscrimination training policies in consultation 
with persons of diverse backgrounds in race, ethnicity, religion and 
gender, national organizations that represent those communities, 
airlines, airports and contract service providers. To help inform this 
effort, in August 2019, the U.S. Government Accountability Office (GAO) 
issued a report identifying key considerations for airline non-
discrimination training programs.

[[Page 46754]]

    In January 2021, President Biden renewed the Federal government's 
commitment to civil rights and directed Federal agencies to address all 
forms of discrimination. The Executive Order on Advancing Racial Equity 
and Support for Underserved Communities Through the Federal Government 
(E.O. 13985) requires Federal agencies to recognize and work to redress 
inequities in their policies and programs, assess whether the agency's 
programs and policies perpetuate systemic barriers to opportunities and 
benefits for people of color and other underserved groups, and assess 
whether new policies, regulations, or guidance documents may be 
necessary to advance equity in agency actions and programs. The 
Executive Order on Preventing and Combating Discrimination on the Basis 
of Gender Identity or Sexual Orientation (E.O. 13988) requires Federal 
agencies to conduct a review of regulations, guidance, and other agency 
actions that prohibit sex discrimination and consider whether to 
revise, suspend, or rescind such actions or promulgate new actions, to 
ensure that laws that prevent discrimination on the basis of gender 
identity or sexual orientation are fully implemented and enforced. 
Also, the Presidential Memorandum Condemning and Combating Racism, 
Xenophobia, and Intolerance against Asian Americans and Pacific 
Islanders (January 29 Memorandum) requires Federal agencies to take 
steps to ensure that official actions, documents, and statements 
pertaining to the COVID-19 pandemic do not exhibit or contribute to 
racism, xenophobia, and intolerance against members of Asian American 
and Pacific Islander communities.
    The Department has established the Anti-Discrimination Subcommittee 
under the ACPAC to review airlines' policies, procedures, and practices 
to prevent discrimination against air travelers on the basis of race, 
national origin, religion, ancestry and gender, gender identity, and 
sexual orientation. The Department will select the following entities 
and diverse persons to serve on the Anti-Discrimination Subcommittee: 
Persons of diverse backgrounds in race, ethnicity, religion and gender; 
lesbian, gay, bisexual, transgender, queer (LGBTQ+) persons; national 
organizations that represent diverse racial, ethnic, and religious 
communities; national organizations that represent LGBTQ+ communities, 
airlines, airport operators, contract service providers, and ticket 
agents. The Anti-Discrimination Subcommittee is tasked with providing 
recommendations to the ACPAC on best practices related to civil rights 
training and other practices or actions that can be taken by DOT, 
airlines or others to ensure nondiscriminatory delivery of airlines' 
programs and activities to air travelers in accordance with section 407 
of the 2018 FAA Act, Executive Orders 13985 and 13988, and President 
Biden's January 29 Memorandum. Meetings will be held in person in 
Washington, DC and/or through a publicly accessible virtual format.

Selection of Members to Anti-Discrimination Subcommittee

    The Department will choose Anti-Discrimination Subcommittee members 
based on three main criteria: (1) Representativeness (does the 
applicant represent the airline industry, any group with members who 
have experienced discrimination on the basis of race, national origin, 
religion, ancestry, gender, gender identity, sexual orientation or an 
otherwise prohibited category under Federal law, or other interested 
parties such as airports or ticket agents?); (2) expertise (does the 
applicant bring essential knowledge, expertise and/or experience 
regarding aviation civil rights and the topic area(s) of interest that 
will enrich the discussion of the available options and their 
respective costs and benefits?); and (3) willingness to participate 
fully (is the applicant able and willing to attend meetings and 
generally contribute constructively to a rigorous policy development 
process?). The Department may select more than one representative for a 
group, if appropriate, to obtain balanced membership.
    Individuals applying for membership should keep in mind that Anti-
Discrimination Subcommittee members will be selected based on their 
ability and willingness to effectively represent the interests of all 
stakeholders in their category, as distinct from their parochial or 
personal interests. For example, an individual selected to serve on the 
Anti-Discrimination Subcommittee as a representative of an airline 
would represent not only his or her own airline, but the interests of 
all airlines. As such, the individual would be expected to consult with 
other airlines in bringing issues to the table before the Anti-
Discrimination Subcommittee.
    All interested individuals may self-apply or nominate any 
individual or organization to the Anti-Discrimination Subcommittee. To 
be considered, applicants/nominators should submit the following 
information:
     Name, title, organization, and contact information 
(address, telephone number and email address) of nominee/applicant;
     Category of membership that the nominee/applicant is 
qualified to represent;
     Resume of the applicant or short biography of the nominee 
including professional and academic credentials;
     A statement of nomination on why the applicant wants to 
serve or the nominator is nominating the individual to serve, and the 
unique perspectives and experiences the nominee brings to the 
Committee;
     An affirmative statement that the applicant/nominee meets 
the eligibility requirements; and
     Optional letters of support.
    Please do not send company, trade association, organization 
brochures, or any other promotional information. Materials submitted 
should total five pages or less. Should more information be needed, 
Department staff will contact the applicant/nominee, obtain information 
from the applicant's/nominee's past affiliations, or obtain information 
from publicly available sources. All application/nomination materials 
should be submitted electronically via email at [email protected] on or 
before September 20, 2021. Any person needing accessibility 
accommodations with preparing and/or submitting nominations should 
contact Maegan Johnson, Senior Trial Attorney, U.S. Department of 
Transportation, by email at [email protected], or by telephone at 
202-366-9342.
    Persons selected for appointment to the Anti-Discrimination 
Subcommittee will be notified by return email and by a letter of 
appointment. Members of the Anti-Discrimination Subcommittee are 
responsible for their own travel and per diem expenses.

John E. Putnam,
Acting General Counsel.
[FR Doc. 2021-17749 Filed 8-18-21; 8:45 am]
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