[Federal Register Volume 89, Number 120 (Friday, June 21, 2024)]
[Notices]
[Pages 52209-52213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13580]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[OST Docket No. DOT-OST-2011-0022]


Notice of Submission of Proposed Information Collection to OMB of 
Agency Request for Revision of a Previously Approved Collection: Online 
Complaint Form and Related Uses of a Modernized Aviation Consumer 
Protection Information Technology System

AGENCY: Office of the Secretary, Department of Transportation.

ACTION: Notice and request for comments. Revision of information 
related to an active OMB control number.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this 
notice announces the Department of Transportation's intention to revise 
an information collection request (ICR) related to an OMB control 
number for an online complaint form by which a consumer can 
electronically submit a service-related complaint against an airline 
and other air travel-related companies. The complaint form has been 
revised as part of the Department's Office of Aviation Consumer 
Protection's (OACP) information technology (IT) system modernization 
project. A Federal Register Notice with a 60-day comment period 
soliciting comments on the following information collection was 
published on November 1, 2023: Online Complaint Form for Service-
Related Issues in Air Transportation. One comment was received by 
Airlines for America (A4A). This notice responds to that comment and 
adds two new ICRs to capture additional functionalities of the 
modernized IT system. The new ICRs are related to external users, such 
as regulated entities and other users, that may use the modernized IT 
system to set up and manage individual accounts and access complaints 
and other submissions and/or submit complaint responses, reports, or 
other information into that system.

DATES: Comments on this notice must be received by July 22, 2024.

ADDRESSES: Written comments and recommendations for the proposed ICR 
should be sent within 30 days of publication of this notice to 
www.reginfo.gov/public/do/PRAMain. Find this particular ICR by 
selecting ``Currently under 30-day Review--Open for Public Comments'' 
or by using the search function.

FOR FURTHER INFORMATION CONTACT: Daeleen Chesley, Office of the General 
Counsel, Office of the Secretary, U.S. Department of Transportation, 
1200 New Jersey Avenue SE, Washington, DC, 20590, 202-366-9342 (Voice), 
or [email protected] (Email). Arrangements to receive this 
document in an alternative format may be made by contacting the above-
named individual.

SUPPLEMENTARY INFORMATION: 
    OMB Control Number: 2105-0568.
    Title: Online Complaint Form and Related Uses of a Modernized 
Aviation Consumer Protection Information Technology System.
    Abstract: The Department of Transportation's (Department) Office of 
Aviation Consumer Protection (OACP), formerly the Office of Aviation 
Enforcement and Proceedings, has broad authority under 49 U.S.C., 
subtitle VII, to investigate and enforce consumer protection and civil 
rights laws and regulations related to air transportation.
    Among other things, OACP receives service-related consumer 
complaints filed against airlines and other air travel-related 
companies. Information from complaints and airline and travel company 
responses may be used by the office to determine the extent to which 
these entities are in compliance with federal aviation consumer 
protection and civil rights laws and what, if any, action should be 
taken regarding issues raised in consumer complaints. The information 
submitted via the online form may also be used to ascertain consumer 
satisfaction with air transportation services and serve as a basis for 
rulemaking, legislation, and research.

Revision of Consumer Submissions (Complaints, Comments, Compliments) 
ICR

    The ICR related to the complaint submission form is being revised 
due to updates that OACP is making to the office's online air consumer 
complaint form as part of an Information Technology (IT) system 
modernization project.\1\ Most consumer submissions

[[Page 52210]]

(over 90%) are complaints that are filed using the web-based form. At 
times, consumers may also choose to file a complaint with the 
Department using regular mail. The type of information requested on the 
current form includes complainant's name, address, phone number 
(including area code), email address, and name of the airline or 
company about which she/he is complaining, as well as the flight date 
and flight itinerary (where applicable) of a complainant's trip. In 
addition, a consumer may also provide a narrative description of a 
specific air-travel related problem or issue. The Department has 
limited its informational request to that necessary to meet its 
aviation consumer protection responsibilities.
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    \1\ OACP's outdated legacy IT system is the Consumer Complaint 
Application System (CCA). CCA will be de-commissioned a short time 
after the modernized IT system is available for public use.
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    The updated form continues to allow consumers to input information 
related to complaints about their flight experience, as well as to 
submit general comments and compliments. However, aviation consumers 
submitting complaints or comments via the form based on the modernized 
IT system will be efficiently guided through their entry by the system 
using conditional logic. The modernized system, or Aviation Complaint, 
Enforcement, and Reporting System (ACERS), allows for additional 
information fields and guides consumers to enter specific information, 
which will better ensure an individual air consumer's specific concerns 
are more comprehensively captured in the modernized IT system.
    This information collection request is to enable consumers to 
continue to file their complaints and comments to the Department using 
an online form, whether via personal computer or on a mobile device. If 
the online complaint form is not available, the Department may receive 
fewer complaints and comments from consumers. The lack of consumer 
input could inhibit OACP's ability to effectively investigate 
individual complaints against both airlines and other air travel-
related companies. It would also impact OACP's ability to become aware 
of potentially unfair or deceptive practices that may develop in 
violation of the Department's rules. The information collection 
continues to further the objective of 49 U.S.C. 41712 to protect 
consumers from unfair or deceptive practices, the objective of Sec.  
41705 and Sec.  40127 to ensure the civil rights of air travelers are 
respected, and the objective of Sec.  41702 to ensure safe and adequate 
service in air transportation.
    Filing a complaint or comment using a web-based form is voluntary 
and minimizes the burden on respondents. Based on the table below, 
approximately ninety-seven percent of the submissions (complaints, 
comments, and inquiries) received by OACP during calendar years (CYs) 
2021 through 2022 were filed using the web-based form as shown in the 
table below.\2\
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    \2\ As of CY 2020, OACP has received a higher number of online 
submissions than those submitted in prior CYs. For example, our 
CY17-19 average was 16,348 complaints submitted per year. In 2020, 
the total was 100,613 and were mostly related to flight 
cancellations and refund issues that resulted from the Covid-19 
pandemic. In CYs 21 and 22, the number of submissions remain high 
but are lower than the number of complaints submitted in CY2020.

                                Table 1.1--Complaints Received by OACP (CY21/22)
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                                                                                   Total number
                                                                   Total number    of complaints   % of on-line
                          Calendar year                            of complaints    filed with      submissions
                                                                   filed on-line       OACP
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2021............................................................          48,465          49,958           97.01
2022............................................................          75,731          77,656           97.52
                                                                 -----------------------------------------------
    Average Total...............................................          62,098          63,807           97.27
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                         Table 1.2--Comments (Non-Complaints) Received by OACP (CY21/22)
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                                                                   Total number
                          Calendar year                             information    Total number    Total number
                                                                     requests       compliments      opinions
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2021............................................................           5,799              14             444
2022............................................................           7,575              24           1,008
                                                                 -----------------------------------------------
    Average Total...............................................           6,687              19             726
                                                                 -----------------------------------------------
        Total Yearly Average: 6,782.............................  ..............  ..............  ..............
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New ICRs

    In response to comments submitted by A4A, the Department is adding 
two ICRs to this notice to capture additional burdens associated with 
using ACERS. A4A identified additional burdens related to providing 
information to OACP via ACERS that were not captured in the 60-day 
notice. A4A members and other regulated entities that are required to 
file certain reports with OACP and to respond to consumer complaints 
already submit information to the Department, primarily via email, and 
in some instances, via a portal into OACP's legacy database system that 
ACERS is replacing. OACP has routinely requested airline responses to 
consumer complaints implicating regulated areas from carriers and 
carriers have routinely been providing this information as a general 
practice. OACP anticipates that the use of ACERS will be less 
burdensome and save time for regulated entities that use the system 
because the modernized IT system includes enhanced features, e.g., drag 
and drop functionality.

1. External User Account Creation and Management ICR

    The first new ICR encompasses the burden on regulated entities 
(e.g., U.S. and foreign air carriers, air travel companies) and other 
external users to create individual organizational accounts in ACERS 
and, subsequently, manage those accounts.
    As noted above, consumers will use ACERS to create and submit their

[[Page 52211]]

complaints/comments. ACERS is designed to provide airlines and air 
travel companies the ability to review consumer submissions about its 
air transportation services directly within the system. The system is 
intended to facilitate more efficient interaction between OACP and 
regulated entities. As such, each carrier or air travel company that 
uses the system for complaint handling will need to set up and manage 
an account for their staff to be able to access the system.\3\ Account 
set-up and management will be handled by a staff member of the entity 
that has been designated by that entity to create and manage the 
accounts. In most cases, that person will be that entity's regulatory 
liaison to the Department. It is important to note that use of ACERS is 
designed to provide direct access to consumer submissions, thereby 
reducing the burden on those airlines and ticket agents that use it.
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    \3\ OACP has provided regulated entities the option of providing 
information in advance so that initial account set-up will be 
completed within the IT system for regulated entities before the 
system is launched, further reducing the burden of setting up an 
account.
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    ACERS is also designed for both U.S. and foreign air carriers as 
well as airports to be able to efficiently submit certain statutorily 
required reports (e.g., reports regarding disability complaints and 
tarmac delay incidents) that the entities previously submitted using 
OACP's legacy database system or via email. To submit these reports via 
ACERS, entities will also need to create and manage user accounts.\4\ 
In addition to use by regulated entities, the system has also been 
designed to facilitate inter-agency coordination to help protect the 
rights of consumers in air travel.\5\ Accordingly, the Department 
anticipates that entities such as State attorney general offices (State 
AGs) may use the IT system account management features pursuant to 
agreements with the Department and will need to create and manage 
accounts to use ACERS.
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    \4\ Burdens associated with report submissions are covered under 
separate OMB control numbers. This notice addresses the burden 
associated with setting up and managing individual accounts in the 
modernized IT system.
    \5\ See, US DOT website at https://www.transportation.gov/airconsumer/State_AG_Partnership.
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    Setting up a new account will consist of the following steps:
    1. Creating a New User Account;
    2. Receiving an Account Creation Email;
    3. Creating a Login.gov Account (or using an existing Login.gov 
Account);
    4. Logging into the ACERS Portal; and
    5. Adding Contact Information into the Account.
    Entities establishing accounts to enable access to ACERS will be 
able to include contact information for up to ten (10) individuals in 
their respective organizations who can address consumer complaints and/
or submit reports. The submitted information will include (per 
individual) his/her role/position with the entity, a contact telephone 
number and an email address. Entity account managers will also be able 
to change contact names and information, as needed.
    The chart below provides a list of external users who may use 
ACERS, as well as the estimated number of accounts that each entity may 
set up in the system.\6\
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    \6\ Assumptions are the following: Larger reporting carriers may 
have up to 10 accounts; Other carriers, foreign carriers, larger 
travel agents, US airports, and State AGs could have up to 2 
accounts (primary and back-up accounts) but may have one or none; 
and small travel agents/tour operators would only need to log-in on 
occasion or not at all.

                  Table 2.1--List of External Entities by Type and Estimated Number of Accounts
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                                                                                                       Total
                                                                     Number of       Estimated       estimated
                           Entity type                             respondents/       account         account
                                                                      initial       holders per     holders per
                                                                     accounts         entity          entity
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Large Air Carriers..............................................              15              10             150
``Other'' Air Carriers..........................................              76               2             152
Foreign Carriers................................................             147               2             294
Large Air Travel Companies......................................              19               2              38
Other Travel agents and tour operators..........................              61               1              61
US Airport......................................................             401               2             802
Other External users \7\ (e.g., State AGs)......................              75  2 per AG (25),             100
                                                                                    1 per others
                                                                 -----------------------------------------------
    SubTotal:...................................................             794  ..............           1,597
Estimated Adjustments (18%).....................................  ..............  ..............             287
                                                                 -----------------------------------------------
        Total:..................................................             794  ..............           1,884
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                                     Table 2.2--Estimated Total Burden Hours
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                                                          Number of
   Number of initial accounts      x 30 minutes setup     ``Other''      x 15 minutes setup        Total =
                                      per  account         accounts         per  account
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794.............................  23,820 min./397 hr.           1,090   16,350 min./272.5    40,170 min./669.5
                                                                         hr.                  hr.
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Airline Responses to Consumer Complaints and Related Information

    The second new ICR encompasses the burden on airlines and air 
travel companies that use the modernized IT system functionalities that 
exceed those available in the legacy system. Airlines and air travel 
companies will have the ability to upload complaint responses and 
related information to ACERS, including providing information about 
amounts refunded, reimbursed, or compensated where relevant. OACP 
anticipates that most or all complaint

[[Page 52212]]

responses and related information will be submitted by regulated 
entities (U.S./foreign air carriers and air travel companies), of which 
U.S. carriers will be the primary submitter.\8\ Airlines and airports 
\9\ may use ACERS to upload optional reports. At times, non-regulated 
entities (e.g., State AGs) may use ACERS to submit consumer complaints 
and referrals to the Department.
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    \7\ The Department has an MOU with 18 AGs and another 7 are 
anticipated to join the MOU. This estimate considers that other 
government entities (including additional AGs) or users may need to 
access ACERS before this OMB control number is renewed.
    \8\ Using ATCR data from March-June 2023, U.S. carriers will 
submit an estimated 68% of the documents. Foreign carrier 
submissions are estimated at 27% and travel agents/tour operators 
will submit 5% of the documents.
    \9\ Airports are regulated entities for purposes of tarmac delay 
plan submissions. The burden calculation to submit tarmac delay 
plans is included in a separate ICR/OMB control number (OMB 2105-
0566). However, airports are included here to the extent that an 
airport may submit an optional additional report.
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    The charts below include the estimated response numbers and burdens 
associated with complaint submissions and follow-up.

                Table 3.1--Estimate of Regulated and Non-Regulated Entities and ACERS Submissions
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                                                                                                     Estimated
                                                                     Estimated       Estimated       follow-up
                   Entity type                      Respondent         total          initial       submissions
                                                      number         responses      submissions     (20%) x 30
                                                                                  (80%) x 5 min.       min.
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Regulated entities (Air carriers, travel agents,             318          62,098          49,678          12,420
 and airports)..................................
Other External Users............................             101           1,600           1,280             320
                                                 ---------------------------------------------------------------
    Total:......................................             419          63,698          50,978          12,740
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                       Table 3.2--Estimated Burden for ACERS Response Upload and Follow-Up
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                                                          Estimated
   Estimated initial responses          x 5 min.          follow-up          x 30 min.         Total estimated
                                                         submissions                                burden
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50,978..........................  254,890 min./4,248           12,740   382,200 min./6,370   637,090 min./10,618
                                   hrs.                                  hrs.                 hrs.
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    The PRA and its implementing regulations, 5 CFR part 1320, require 
Federal agencies to issue two notices seeking public comment on 
information collection activities before OMB may approve paperwork 
packages. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, 1320.8(d)(1), 1320.12. As 
stated above, on November 1, 2023, OST published a 60-day notice in the 
Federal Register soliciting comment on the ICR for which the agency is 
seeking revision from OMB: Online Complaint Form for Service-Related 
Issues in Air Transportation (88 FR 75093). The comment period ended on 
January 2, 2024. OST received one substantive comment from A4A.

A4A Comment

    A4A's comment identified burdens associated with using ACERS that 
were not identified in the 60-day notice, which OACP has addressed in 
this 30-day Notice. A4A also identified many concerns regarding OACP 
policy decisions regarding enforcement matters, policy decisions, and 
publication of certain information, such as complaint data. A4A alleges 
that the Department is failing to adhere to established regulatory 
requirements of the PRA, including:
    (i.) Minimizing the paperwork burden on airlines resulting from the 
collection of information by or for the Federal Government; and
    (ii.) Improving the quality and use of Federal information to 
strengthen decision-making, accountability, and openness in Government 
and society.
    A4A argues that OACP is impermissibly attempting to impose new 
requirements on regulated entities. OACP agrees with A4A that new 
requirements, such as requiring regulated entities to use ACERS, may 
not be imposed through the process of obtaining approval pursuant to 
the PRA for an information request. OACP believes that using ACERS will 
streamline interactions, creating efficiencies for both OACP and the 
regulated entities that voluntarily use the new IT system.
    A4A also alleges that the Department's 60-day Notice does not 
include the burden on the airlines of providing responses to consumer 
complaints and supplemental information via ACERS, including providing 
information about amounts refunded, reimbursed, or compensated where 
relevant. OACP agrees and has included estimates of the additional 
burden in this 30-day Notice. The system is designed to allow the 
efficient submission of information that OACP anticipates will be 
beneficial for airlines. Furthermore, A4A notes the Department's 
authority to request responses to disability complaints but questions 
the Department's authority to request from airlines any other responses 
to consumers or related information. As noted above, OACP is not 
attempting to impose new requirements via this Notice so is not 
addressing A4A comments regarding the Department's authority.
    In its comment, A4A notes that OACP made a policy decision to 
eliminate carriers' ability to administratively challenge consumer 
complaints. By way of background, the change that A4A objects to is 
OACP's elimination of an airline's ability to ``transfer'' complaints 
from the marketing carrier to the operating carrier, usually a regional 
partner, thereby reducing the number of complaints against the mainline 
carrier. OACP discontinued the policy in 2023. Complaints are counted 
against the carrier named by the consumer, regardless of whether it was 
the marketing (e.g., mainline/network) or operating (e.g., regional) 
airline.
    A4A states that the ``net effect is carriers' increased time 
addressing consumer complaints that are invalid, i.e., the complaint 
does not fall within DOT complaint category, or it is it the 
responsibility of another carrier or third-party.'' The policy change 
to attribute complaints to the airline identified by the consumer, 
regardless of whether it was the marketing (e.g., a mainline/network) 
or operating (e.g., regional) airline, is unrelated to any burdens

[[Page 52213]]

imposed by ACERS. OACP does not share A4A's view of the impact of the 
policy change on carriers, since airlines are required to respond to 
all written consumer complaints, regardless of whether the airline 
views the complaint as valid. A4A expresses a number of concerns 
related to how the policy change will impact complaint data published 
in the Department's Air Travel Consumer Report (ATCR). However, these 
are concerns about OACP policy decisions and are unrelated to the 
information collection requests in this Notice because the information 
collected from consumers will remain the same regardless of the policy 
decision. Accordingly, the change is not relevant to this ICR approval 
request.
    A4A also alleges that OACP's new information collection form will 
create more data quality concerns for the federal government and 
burdens on the airlines, because it will require that consumers enter 
contact information but not a ticket or confirmation number since the 
complaint could be from someone unsuccessfully attempting to book air 
transportation. However, as noted above, airlines are required to 
respond to all written consumer complaints and accepting consumer 
complaints without a ticket or confirmation number is not new. 
Accordingly, OACP disagrees that A4A has identified a data quality 
concern or failed to adequately capture the burden on airlines.
    A4A also questions the Department's ability to ``filter out'' 
complaints and states that ACERS will impose an additional burden on 
the carriers to keep complaints active and open pending a potential DOT 
investigation, since the system does not notify the carriers whether a 
complaint case has been closed. However, OACP disagrees that A4A has 
identified additional burdens related to ACERS as OACP is continuing 
its past practice in these areas. Regarding transitioning to the new 
system, OACP is committed to working with all external users to ensure 
a successful transition from the legacy IT system to ACERS.
    In conclusion, A4A's comments about OACP enforcement/investigatory 
policies and practices and the complaint information published in the 
ATCR are outside the scope of this notice. Many of A4A's concerns, such 
as complaints about review and challenge processes, relate to policy 
decisions and not to the new system. The IT modernization implementing 
ACERS as OACP's new IT system will allow the Department to upgrade its 
online consumer submission form and provide regulated entities and 
certain other users with information submission and account management 
functionality. This ICR notice is limited to those uses.
    Accordingly, the information collection requests described herein 
have been re-evaluated and certified under 5 CFR 1320.5(a) and 
forwarded to OMB for review and approval pursuant to 5 CFR 1320.12(c).
    Before OMB decides whether to approve the revision of this proposed 
collection of information, it must provide 30 days for public comment. 
44 U.S.C. 3507(b); 5 CFR 1320.12(d). Federal law requires OMB to 
approve or disapprove paperwork packages between 30 and 60 days after 
the 30-day notice is published. 44 U.S.C. 3507(b)-(c); 5 CFR 
1320.12(d); see also 60 FR 44978, 44983 (Aug. 29, 1995). The 30-day 
notice informs the regulated community to file relevant comments to OMB 
and affords the agency adequate time to digest public comments before 
it renders a decision. 60 FR 44983 (Aug. 29, 1995). Therefore, 
respondents should submit their respective comments to OMB within 30 
days of publication to best ensure their full consideration. 5 CFR 
1320.12(c); see also 60 FR 44983 (Aug. 29, 1995).

1. Air Travel Consumer Complaint and Comment Burden Calculations

    Respondents: Consumers that Choose to File an Online Complaint or 
Comment with the Office of Aviation Consumer Protection.
Burden Calculation for Complaints
    Estimated Number of Respondents: 62,098 (based on averaging data 
from CYs 2021-22).
    Estimated Total Burden on Respondents: 15,524.5 hours (931,470 
minutes). The estimate was calculated by multiplying the average number 
of cases filed using the online form in CYs 21-22 (62,098) by the 
estimated time needed to fill out the online form (15 minutes).\10\
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    \10\ Feedback obtained during development of the modernized 
guided input process suggests that the form will take no longer than 
15 minutes for a consumer to complete.
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Burden Calculation for Comments
    Estimated Number of Respondents: 6,782 (based on averaging data 
from CYs 2021-22).
    Estimated Total Burden on Respondents: 565.17 hours (33,910 
minutes). The estimate was calculated by multiplying the average number 
of cases filed using the online form in CYs 21-22 (6,782) by the 
estimated time needed to fill out the online form (5 minutes).\11\
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    \11\ An air consumer submitting these types of filing generally 
provide less information, so we estimate 5 minutes is sufficient.
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2. IT System Account Creation and Management

    Respondents: Air Travel Industry and Other Users that Create and 
Manage Accounts Using OACP's Modernized IT System.
    Estimated Number of Respondents: 719 air travel industry and 75 
``other'' users.
    Estimated Total Burden on Respondents: 40,170 minutes/669.5 hours. 
The burden was calculated by multiplying the total estimated number of 
respondents by the estimated time to create an account (30 min. per 
account), plus the time to add/change other users of the account (15 
min. per account).

3. Uploading Complaint Responses and Documents to the IT System

    Respondents: Air Travel Industry and Other Users that Upload 
Documents into OACP's Modernized IT System.
    Estimated Number of Respondents: 419 air travel industry and 
``other'' users.
    Estimated Total Burden on Respondents: 637,090 minutes/10,618 
hours. The burden was calculated by multiplying the total estimated 
number of respondents by the estimated time to upload a document (5 
min. per event) and follow-up information (30 min. per event) into the 
system.
    Public Comments Invited: You are asked to comment on any aspect of 
this information collection, including (a) whether the proposed 
collection of information is necessary for the Department's 
performance; (b) the accuracy of the estimated burden; (c) ways for the 
Department to enhance the quality, utility, and clarity of the 
information collection; and (d) ways that the burden could be minimized 
without reducing the quality of the collected information. All comments 
will become a matter of public record.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter 
35, as amended; and 49 CFR 1.48.

    Issued in Washington, DC.
Kimberly Graber,
Deputy Assistant General Counsel, Office of Aviation Consumer 
Protection.
[FR Doc. 2024-13580 Filed 6-20-24; 8:45 am]
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