81 FR 33733 - Advisory Committee for Aviation Consumer Protection

DEPARTMENT OF TRANSPORTATION
Office of the Secretary

Federal Register Volume 81, Issue 103 (May 27, 2016)

The Department of Transportation (``Department,'' ``DOT,'' or ``we'') announces its intention to continue the ACACP as a discretionary Federal advisory committee in the event that the authority for the Committee under section 411 of the FAA Modernization and Reform Act of 2012 (Pub. L. 112-95, 126 Stat. 11), as amended, is not extended by Congress through legislation. The current authorization is set to expire on July 15, 2016. The Department is soliciting applications and nominations for new members of the Committee.

[Federal Register Volume 81, Number 103 (Friday, May 27, 2016)]
[Notices]
[Pages 33733-33734]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12602]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2012-0087]


Advisory Committee for Aviation Consumer Protection

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

ACTION: Notice of Intent to Continue the Advisory Committee for 
Aviation Consumer Protection (``ACACP'' or ``Committee''); Solicitation 
of Applications and Nominations for Membership.

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SUMMARY: The Department of Transportation (``Department,'' ``DOT,'' or 
``we'') announces its intention to continue the ACACP as a 
discretionary Federal advisory committee in the event that the 
authority for the Committee under section 411 of the FAA Modernization 
and Reform Act of 2012 (Pub. L. 112-95, 126 Stat. 11), as amended, is 
not extended by Congress through legislation. The current authorization 
is set to expire on July 15, 2016. The Department is soliciting 
applications and nominations for new members of the Committee.

DATES: Nominations for ACACP membership must be received on or before 
June 27, 2016.

FOR FURTHER INFORMATION CONTACT: If you have questions about the ACACP, 
you may contact Stuart Hindman, Trial Attorney, U.S. Department of 
Transportation, by email at [email protected], or by telephone at 
202-366-9342. You may also contact Vinh Nguyen, at [email protected], 
or by telephone at 202-366-9342.

SUPPLEMENTARY INFORMATION: 

Background

    On May 24, 2012, the Secretary, as mandated by section 411 of the 
FAA Modernization and Reform Act of 2012 (Pub. L. 112-95, 126 Stat. 11 
(2012)) (2012 FAA Act), established the Advisory Committee for Aviation 
Consumer Protection (ACACP). The committee's charter, drafted in 
accordance with the Federal Advisory Committee Act (FACA), as amended, 
5 U.S.C. App. 2, sets forth policies for the operation of the advisory 
committee and is available online at http://www.facadatabase.gov/committee/charters.aspx?cid=2448&aid=47. That charter of the ACACP was 
set to expire on September 30, 2015, but the Airport and Airway 
Extension Act of 2015 (Pub. L. 114-55, 129 Stat. 522) and then the 
Airport and Airways Extension Act of 2016 (Pub. L. 114-141, 130 Stat 
322) extended the duration of the Committee to July 15, 2016.
    Since the ACACP has been established, it has held nine meetings and 
examined a broad range of issues affecting consumers which culminated 
in the Committee submitting two reports to the Secretary for improving 
existing aviation consumer protection programs and for establishing new 
ones, if needed. A third report from the ACACP is currently set to be 
provided to the Secretary before July 15, 2016.
    The Department has implemented a number of the recommendations from 
the ACACP, such as finalizing a rulemaking mandating service animal 
relief areas, with limited exceptions, be located in the sterile area 
of each airport terminal.\1\ The Department has also issued a rule 
requiring the accessibility of airport kiosks and airline Web sites as 
recommended by the ACACP.\2\ Additionally, the Committee recommended 
that the Department work with the airlines to survey how they define 
certain terms frequently used in their contracts of carriage and 
customer service plans. The Department worked with Airlines for America 
to develop such a document, which it then placed on its Web site to 
assist consumers with understanding the terms and conditions of their 
travel. See https://www.transportation.gov/airconsumer/common-terms-air-travel. Various recommendations of the Committee, such as ensuring 
transparency in air carrier pricing, requiring ticket agents to 
disclose they do not offer for sale all airlines' tickets, and 
expanding the airlines that report quality service data (e.g., on-time 
performance) to the Department, are all being considered by the 
Department through rulemaking.\3\
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    \1\ See Nondiscrimination on the Basis of Disability in Programs 
or Activities Receiving Federal Financial Assistance (U.S. 
Airports), Final Rule, 80 FR 46508 (August 5, 2015).
    \2\ See Nondiscrimination on the Basis of Disability in Air 
Travel: Accessibility of Web Sites and Automated Kiosks at U.S. 
Airports, Final Rule, 78 FR 67882 (November 12, 2013).
    \3\ See Airline Pricing Transparency and Other Consumer 
Protection Issues, Notice of Proposed Rulemaking, 79 FR 29970 (May 
23, 2014).
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    The ACACP has contributed significantly to the Department's 
aviation consumer protection program as it provides a forum for public 
discussion of important consumer issues and helps air and address 
issues that do not have simple answers. As mentioned earlier, the 
statutory termination date for the ACACP was originally established by 
the 2012 FAA Act as September 30, 2015, but was extended by the Airport 
and Airway Extension Act of 2015 (Pub. L. 114-55, 129 Stat. 522), and 
further extended by the Airport and Airway Extension Act of 2016 (Pub. 
L. 114-141, 130 Stat 322) to the current termination date of July 15, 
2016. If Congress extends the termination date of the ACACP through 
legislation, the Committee will continue as mandated by Congress. If 
Congress does not extend the ACACP beyond July 15, 2016, the Secretary, 
under the authority of FACA, will continue the ACACP as a discretionary 
advisory committee.
    The Department is currently in the process of updating the ACACP's 
charter to provide for this contingency and is making other minor 
amendments, such as clarifying that the Committee's work should concern 
aviation consumer protection issues that fall within the current 
statutory authority of the Department. Additionally, the Secretary is 
soliciting applications and nominations for membership to the ACACP. 
The membership of the committee shall be composed of a representative 
each of the following:
     Air carriers;
     Airport operators;
     State or local governments with expertise in consumer 
protection matters; and
     Nonprofit public interest groups with expertise in 
consumer protection matter.
    This notice requests nominations and applications for members of 
the ACACP

[[Page 33734]]

to ensure a wide range of candidates and a balanced committee. The 
Secretary of Transportation will appoint four Committee members, who 
will each serve for a term of two years.
    The Department will choose the Committee members based on three 
main criteria: (1) Representativeness (does the applicant represent a 
significant one of the four groups outlined above?); (2) expertise 
(does the applicant bring essential knowledge, expertise and/or 
experience regarding aviation consumer protection 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?).
    Individuals applying for membership should keep in mind that 
Committee 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 
Committee as a representative of air carriers would represent not only 
his or her own airline, but all air carriers. As such, the individual 
would be expected to consult with other airlines in bringing issues to 
the table and making decisions on proposals before the Committee.
    The Department's Office of Aviation Enforcement and Proceedings 
will provide appropriate funding, logistics, administrative, and 
technical support for the Committee. DOT subject matter experts will 
also provide support to the Committee. At this time, we anticipate that 
the ACACP will meet twice a year at the Department's headquarters in 
Washington, DC. Although we do not have proposed dates for these 
meetings at this time, we anticipate one meeting to be in the spring 
and one meeting to be in the fall each year. Individuals interested in 
serving on the Committee should plan to attend each of these meetings 
in person.
    Process and Deadline for Submitting Nominations: Organizations and/
or persons who believe they meet the criteria listed above are invited 
to apply for membership on the ACACP to represent the interests of 
their stakeholder category. Organizational applicants should indicate 
both the stakeholder category they propose to represent and the 
individual from their organization applying to serve on the Committee; 
describe the responsibilities and qualifications of that person; and 
describe the qualifications of any alternates or professional 
colleagues who will be assisting the principal representative in the 
process.
    Qualified individuals can self-nominate or be nominated by any 
stakeholder or stakeholder organization. To be considered for the 
ACACP, nominators should submit the following information:
    (1) Name, title, and relevant contact information (including phone 
and email address) and the interests such a person shall represent;
    (2) A letter of support from a company, union, trade association, 
or non-profit organization on letterhead containing a brief description 
why the nominee is qualified and should be considered for membership;
    (3) Short biography of nominee including professional and academic 
credentials; and
    (4) An affirmative statement that the nominee meets all Committee 
eligibility requirements.

All individuals who wish to serve on the ACACP should apply for 
membership by supplying the information listed above. Please do not 
send company, trade association, or organization brochures or any other 
information. Materials submitted should total two single-spaced pages 
or less. Should more information be needed, DOT staff will contact the 
nominee, obtain information from the nominee's past affiliations, or 
obtain information from publicly available sources, such as the 
Internet. Nominations may be emailed to [email protected]. Nominations must 
be received by June 27, 2016. Nominations are open to all individuals 
without regard to race, color, religion, sex, national origin, age, 
disability, marital status, or sexual orientation. Notice to the public 
will be published in the Federal Register at least 15 days prior to 
each plenary meeting of the ACACP and members of the public will be 
invited to attend.

Viewing Documents

    You may view any documents mentioned in this preamble as being 
available in the docket at http://www.regulations.gov. After entering 
the docket number, click the link to ``Open Docket Folder'' and choose 
the document to review. If you do not have access to the Internet, you 
may view the docket online by visiting the Docket Management Facility 
in Room W12-140 on the ground floor of the DOT West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
E.T., Monday through Friday, except Federal holidays.

Submitting Nominations

    All nomination materials should be submitted electronically via 
email to [email protected]. Any person needing accessibility accommodations 
with submitting nominations should contact Stuart Hindman, Trial 
Attorney, U.S. Department of Transportation, by email at 
[email protected], or by telephone at 202-366-9342.

    Dated: May 19, 2016.
Anthony R. Foxx,
Secretary.
[FR Doc. 2016-12602 Filed 5-26-16; 8:45 am]
BILLING CODE 4910-9X-P