[Federal Register Volume 87, Number 221 (Thursday, November 17, 2022)]
[Proposed Rules]
[Pages 68944-68945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24615]


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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), Department of Transportation 
(DOT or the Department).

ACTION: Extension of comment period on proposed rule.

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SUMMARY: The U.S. Department of Transportation (Department or DOT) is 
extending through December 16, 2022, the period for interested persons 
to submit comments to its proposed rule on Airline Ticket Refunds and 
Consumer Protections.

DATES: Comments should be filed by December 16, 2022. Late-filed 
comments will be considered to the extent practicable. Petitions for a 
hearing pursuant to 14 CFR 399.75(b)(1) must also be filed by December 
16, 2022.

ADDRESSES: You may file comments identified by the docket number DOT-
OST-2022-0089 by any of the following methods:
     Federal eRulemaking Portal: go to https://www.regulations.gov and follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Ave. SE, West Building Ground Floor, 
Room W12-140, Washington, DC, 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Ave. SE, Washington, DC, between 9 a.m. and 5 
p.m. ET, Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    Instructions: You must include the agency name and docket number 
DOT-OST-2022-0089 or the Regulatory

[[Page 68945]]

Identification Number (RIN 2105-AF04) for the rulemaking at the 
beginning of your comment. All comments received will be posted without 
change to https://www.regulations.gov, including any personal 
information provided.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received in any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). For information on 
DOT's compliance with the Privacy Act, please visit https://www.transportation.gov/privacy.
    Docket: For access to the docket to read background documents and 
comments received, go to https://www.regulations.gov or to the street 
address listed above. Follow the online instructions for accessing the 
docket.

FOR FURTHER INFORMATION CONTACT: Clereece Kroha or Blane Workie, Office 
of Aviation Consumer Protection, U.S. Department of Transportation, 
1200 New Jersey Ave. SE, Washington, DC, 20590, 202-366-9342 (phone), 
[email protected] or [email protected] (email).

SUPPLEMENTARY INFORMATION: On August 22, 2022, The 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 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 as a result 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 
NPRM provided for a comment period of 90 days after publication of the 
NPRM in the Federal Register, i.e., November 21, 2022.
    On September 6, 2022, Airlines for America (A4A) and International 
Air Transportation Association (IATA) (jointly ``Airline Petitioners'') 
requested an extension of 60 days for the comment period of this 
rulemaking. According to Airline Petitioners, the Department's 
proposals would significantly change airline ticket refund regulations, 
affecting refund and voucher rights and obligations of not only 
airlines but also ticket agents, booking entities, and consumers, which 
require a thorough and careful consideration of all potential impacts 
and unintended consequences of this rule for the traveling public. 
Airline Petitioners state that additional time is needed to adequately 
collect and consider all the relevant and necessary information to 
finalize this critical rule. Furthermore, Airline Petitioners point out 
that the NPRM asks comments on various scenarios in addition to the 
proposed rule and the additional questions posed by the Department 
warrant an in-depth analysis that will reasonably require more than 90 
days to collect from all interested parties, and to review and comment.
    On September 27, 2022, the Travel Technology Association, the 
American Society of Travel Advisors, and Travel Management Coalition 
(jointly ``Distribution Petitioners'') requested an extension of 30 
days for the comment period of this rulemaking. Distribution 
Petitioners states that the NPRM raises over 100 substantial issues for 
comments and the issues pertaining to public health emergencies are 
particularly novel in terms of the regulatory response proposed. 
Distribution Petitioners state that additional time is needed to allow 
each of their members to develop and prepare comments that would be 
most useful for the Department in reaching a fully informed decision.
    Through this notice, the Department grants an extension of 25 days, 
or until December 16, 2022, for the public to comment on the NPRM. In 
doing so, the Department acknowledges that the NPRM raises numerous 
important issues, including the alternatives to the proposals that the 
Department is seeking information on, which requires in-depth analysis 
and consideration by stakeholders. The Department believes that 
granting a 25-day extension of the original 90-day comment period, is 
sufficient to allow stakeholders to conduct a thorough and careful 
consideration of all potential impacts and prepare comments. The 
Department has also taken into consideration the work of the Aviation 
Consumer Protection Advisory Committee (ACPAC) in relation to this 
rulemaking. Following the issuance of the NPRM, the ACPAC devoted a 
full day to discuss the NPRM and listen to public comments. The ACPAC 
is scheduled to meet again on December 9, 2022, to deliberate on what, 
if any, recommendations it will make to the Department regarding this 
rulemaking. The Department believes that extending the comment period 
for the NPRM until one week after the ACPAC meeting would provide the 
public an opportunity to consider the discussions and any 
recommendation of the ACPAC and provide further comments to the 
Department. Accordingly, the Department extends the time for comments 
on the proposed rule from November 21, 2022, to December 16, 2022.
    In the request for extension of comment period, Airline Petitioners 
seek clarifications from the Department on various issues raised in the 
NPRM. Distribution Petitioners also state that several issues raised by 
Airline Petitioners are of particular interest to Distribution 
Petitioners and the Department's clarifications on those issues are 
needed for them to prepare comments on those issues. The Department's 
responses to the list of questions raised by Airline Petitioners have 
been posted in the rulemaking docket.

    Signed in Washington, DC, on or around this 7th day of November 
2022, under authority delegated at 49 U.S.C. 1.27n.
John E. Putnam,
General Counsel.
[FR Doc. 2022-24615 Filed 11-16-22; 8:45 am]
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