82 FR 58777 - Ancillary Airline Passenger Revenues
DEPARTMENT OF TRANSPORTATION
Office of the Secretary Federal Register Volume 82, Issue 239 (December 14, 2017)
Office of the Secretary
Federal Register Volume 82, Issue 239 (December 14, 2017)
| Page Range | 58777-58778 | |
| FR Document | 2017-26708 |
[Federal Register Volume 82, Number 239 (Thursday, December 14, 2017)] [Proposed Rules] [Pages 58777-58778] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26708] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Office of the Secretary 14 CFR Part 241 [Docket No. RITA-2011-0001] RIN 2105-AE31 Ancillary Airline Passenger Revenues AGENCY: Office of the Secretary, Department of Transportation. ACTION: Proposed rule; withdrawal. ----------------------------------------------------------------------- SUMMARY: The Department of Transportation (the Department) is withdrawing a notice of proposed rulemaking (NPRM) published on July 15, 2011 that proposed to collect detailed revenue information regarding airline imposed fees from those air carriers meeting the definition of a large certificated air carrier. We are withdrawing this rulemaking in light of the comments we received. The withdrawal of this rulemaking corresponds with the Department's and Administration's priorities and is consistent with the Executive Order 13771, Reducing Regulation and Controlling Regulatory Costs, January 30, 2017. DATES: Amendatory instructions 3 through 6 of the proposed rule published July 15, 2011 (76 FR 41726), are withdrawn as of December 14, 2017. ADDRESSES: Electronic Access: You can view and download related documents and public comments by going to the website http://www.regulations.gov. Enter the docket number DOT-RITA-2011-0001 in the search field. FOR FURTHER INFORMATION CONTACT: Zeenat Iqbal and Blane A. Workie, Office of Aviation Enforcement and Proceedings, 1200 New Jersey SE, Room W96-414, Washington, DC 20590, (202) 366-9893, [email protected] (email). SUPPLEMENTARY INFORMATION: Background On July 7, 2011, the Office of the Secretary issued a notice of proposed rulemaking (NPRM) proposing to collect detailed information about ancillary fees paid by airline consumers to determine the total amount of fees carriers collect through the a la carte pricing approach for optional services related to air transportation. The Department also proposed to alter its matrix for collecting and publishing data on mishandled baggage and to collect information regarding damage, delay or loss of wheelchairs and scooters transported in the aircraft cargo compartment. The final rule relating to reporting of data for mishandled baggage and wheelchairs (2104-AE41) was issued on November 2, 2016 (81 FR 76300). We are withdrawing the other topic covered in the proposed rule, the reporting of airline fee revenue. The NPRM In the NPRM, the Department proposed to create two stand-alone reporting forms, designated P-9 and P-9.1, to capture ancillary revenues. Specifically, air carriers with annual reporting revenue of $20 million or more would be required to submit the P-9 form quarterly and air carriers with annual reporting revenue below $20 million would be required to submit the form P-9.1 on a semiannual basis. The information required by the two proposed schedules was identical; they differed only in the required reporting frequency. The NPRM also proposed to define ancillary revenues as those charges paid by airline passengers that are not included in the standard ticket fare. The Department solicited comments on which items should be specifically identified as ancillary revenues, and proposed to collect data on 19 separate charges for optional services. The categories included: (1) Booking fees, (2) priority check-in and security screening, (3) baggage, (4) in-flight medical equipment, (5) in-flight entertainment/ internet access, (6) sleep sets, (7) in-flight food/non-alcoholic drinks, (8) alcoholic drinks, (9) pets, (10) seating assignments, (11) reservation cancellation and change fees; (12) charges for lost ticket; (13) unaccompanied minor/passenger assistance fee; (14) frequent flyer points/points acceleration; (15) commissions on travel packages; (16) travel insurance; (17) duty-free and retail sales; (18) one-time access to lounges and (19) other. Comments Received In response to the 2011 NPRM, the Department received approximately 280 comments from airlines, airports, trade associations, unions, consumer groups and private citizens who use this data. There was wide support among consumers and consumer rights groups for the proposed rule's reporting requirements. Consumers and consumer rights groups, as well as ACI-NA and Southwest Airlines, commented that the reporting requirement would bring the benefits of both increased transparency and improved data corroboration regarding the impact of ancillary fees on the Airport and Airway Trust Fund. On the other hand, most airlines and industry organizations commented that the proposed rule will not benefit the public because the Department has not demonstrated a need for this information. They asserted that the rule will not increase the transparency of pricing for airline revenues. Airlines also commented that if the justification for this rule is to tax ancillary revenues, the Department must state that justification. In addition, several airlines and industry groups suggested that the Department underestimated the proposed rule's economic burden on industry. With regard to the proposed 19 categories, industry groups, consumer groups and airlines commented that the Department failed to justify the proposed categories and suggested various changes to the list of 19 charges for which air carriers would have to report revenues under the proposed rule. Carriers also expressed concern that the proposed reporting requirements would require carriers to reveal proprietary information to their competitors. Some carriers suggested that there is no correlation between a carrier's disclosure of itemized aggregate revenue data and consumer concerns regarding fare transparency. Southwest Airlines, which supported the Department's stated goal of making ticket pricing more transparent for [[Page 58778]] consumers, also urged the Department to reduce the number of categories by half. Reason for Withdrawal The purpose of this rulemaking was to make airline pricing more transparent to consumers and airline analysts. Although we believe there would be benefits of collecting and publishing the proposed aviation data, the Department also takes seriously industry concerns about the potential burden of this rule. The Department is withdrawing this rulemaking proposal. The withdrawal of this rulemaking corresponds with the Department's and Administration's priorities and is consistent with the Executive Order 13771, Reducing Regulation and Controlling Regulatory Costs, January 30, 2017. Issued in Washington, DC, on December 5, 2017. Elaine L. Chao, Secretary of Transportation. [FR Doc. 2017-26708 Filed 12-13-17; 8:45 am] BILLING CODE P
![Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Proposed Rules 58777
changes to procedures or tests identified as DATES: Amendatory instructions 3 security screening, (3) baggage, (4) in-
RC require approval of an AMOC. through 6 of the proposed rule flight medical equipment, (5) in-flight
(n) Related Information published July 15, 2011 (76 FR 41726), entertainment/internet access, (6) sleep
(1) Refer to Mandatory Continuing
are withdrawn as of December 14, 2017. sets, (7) in-flight food/non-alcoholic
Airworthiness Information (MCAI) EASA ADDRESSES: Electronic Access: You can drinks, (8) alcoholic drinks, (9) pets,
Airworthiness Directive 2017–0098, dated view and download related documents (10) seating assignments, (11)
June 7, 2017, for related information. This and public comments by going to the reservation cancellation and change
MCAI may be found in the AD docket on the website http://www.regulations.gov. fees; (12) charges for lost ticket; (13)
internet at http://www.regulations.gov by Enter the docket number DOT–RITA– unaccompanied minor/passenger
searching for and locating Docket No. FAA– 2011–0001 in the search field. assistance fee; (14) frequent flyer points/
2017–1100. points acceleration; (15) commissions
(2) For more information about this AD, FOR FURTHER INFORMATION CONTACT:
Zeenat Iqbal and Blane A. Workie, on travel packages; (16) travel
contact Sanjay Ralhan, Aerospace Engineer, insurance; (17) duty-free and retail
International Section, Transport Standards Office of Aviation Enforcement and
sales; (18) one-time access to lounges
Branch, FAA, 1601 Lind Avenue SW, Proceedings, 1200 New Jersey SE, Room
Renton, WA 98057–3356; telephone 425– and (19) other.
W96–414, Washington, DC 20590, (202)
227–1405; fax 425–227–1149. 366–9893, zeenat.iqbal@dot.gov (email). Comments Received
(3) For service information identified in
SUPPLEMENTARY INFORMATION: In response to the 2011 NPRM, the
this AD, contact Airbus, Airworthiness
Office—EIAS, 1 Rond Point Maurice Background Department received approximately 280
Bellonte, 31707 Blagnac Cedex, France; comments from airlines, airports, trade
telephone +33 5 61 93 36 96; fax +33 5 61 On July 7, 2011, the Office of the associations, unions, consumer groups
93 44 51; email account.airworth-eas@ Secretary issued a notice of proposed and private citizens who use this data.
airbus.com; Internet http://www.airbus.com. rulemaking (NPRM) proposing to collect There was wide support among
You may view this service information at the detailed information about ancillary fees consumers and consumer rights groups
FAA, Transport Standards Branch, 1601 Lind paid by airline consumers to determine for the proposed rule’s reporting
Avenue SW, Renton, WA. For information on the total amount of fees carriers collect
the availability of this material at the FAA,
requirements. Consumers and consumer
through the a la carte pricing approach rights groups, as well as ACI–NA and
call 425–227–1221.
for optional services related to air Southwest Airlines, commented that the
Issued in Renton, Washington, on transportation. The Department also reporting requirement would bring the
November 29, 2017. proposed to alter its matrix for benefits of both increased transparency
Jeffrey E. Duven, collecting and publishing data on and improved data corroboration
Director, System Oversight Division, Aircraft mishandled baggage and to collect regarding the impact of ancillary fees on
Certification Service. information regarding damage, delay or the Airport and Airway Trust Fund.
[FR Doc. 2017–26362 Filed 12–13–17; 8:45 am] loss of wheelchairs and scooters On the other hand, most airlines and
BILLING CODE 4910–13–P transported in the aircraft cargo industry organizations commented that
compartment. The final rule relating to the proposed rule will not benefit the
reporting of data for mishandled public because the Department has not
DEPARTMENT OF TRANSPORTATION baggage and wheelchairs (2104–AE41) demonstrated a need for this
was issued on November 2, 2016 (81 FR information. They asserted that the rule
Office of the Secretary 76300). We are withdrawing the other will not increase the transparency of
topic covered in the proposed rule, the pricing for airline revenues. Airlines
14 CFR Part 241 reporting of airline fee revenue. also commented that if the justification
[Docket No. RITA–2011–0001] for this rule is to tax ancillary revenues,
The NPRM
the Department must state that
RIN 2105–AE31 In the NPRM, the Department justification. In addition, several airlines
proposed to create two stand-alone and industry groups suggested that the
Ancillary Airline Passenger Revenues
reporting forms, designated P–9 and P– Department underestimated the
AGENCY: Office of the Secretary, 9.1, to capture ancillary revenues. proposed rule’s economic burden on
Department of Transportation. Specifically, air carriers with annual industry.
ACTION: Proposed rule; withdrawal. reporting revenue of $20 million or With regard to the proposed 19
more would be required to submit the categories, industry groups, consumer
SUMMARY: The Department of P–9 form quarterly and air carriers with groups and airlines commented that the
Transportation (the Department) is annual reporting revenue below $20 Department failed to justify the
withdrawing a notice of proposed million would be required to submit the proposed categories and suggested
rulemaking (NPRM) published on July form P–9.1 on a semiannual basis. The various changes to the list of 19 charges
15, 2011 that proposed to collect information required by the two for which air carriers would have to
detailed revenue information regarding proposed schedules was identical; they report revenues under the proposed
airline imposed fees from those air differed only in the required reporting rule. Carriers also expressed concern
carriers meeting the definition of a large frequency. The NPRM also proposed to that the proposed reporting
certificated air carrier. We are define ancillary revenues as those requirements would require carriers to
withdrawing this rulemaking in light of charges paid by airline passengers that reveal proprietary information to their
sradovich on DSK3GMQ082PROD with PROPOSALS
the comments we received. The are not included in the standard ticket competitors. Some carriers suggested
withdrawal of this rulemaking fare. The Department solicited that there is no correlation between a
corresponds with the Department’s and comments on which items should be carrier’s disclosure of itemized aggregate
Administration’s priorities and is specifically identified as ancillary revenue data and consumer concerns
consistent with the Executive Order revenues, and proposed to collect data regarding fare transparency. Southwest
13771, Reducing Regulation and on 19 separate charges for optional Airlines, which supported the
Controlling Regulatory Costs, January services. The categories included: (1) Department’s stated goal of making
30, 2017. Booking fees, (2) priority check-in and ticket pricing more transparent for
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![58778 Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Proposed Rules
consumers, also urged the Department DATES: December 14, 2017. we do not believe that Departmental
to reduce the number of categories by ADDRESSES: You may send comments by action is necessary to meet this objective
half. sending an email to Kimberly Graber at this time. The Department’s existing
(kimberly.graber@dot.gov) or Blane A. regulations already provide consumers
Reason for Withdrawal
Workie (blane.workie@dot.gov). Please some information regarding fees for
The purpose of this rulemaking was to include RIN 2105–AE56 in the subject ancillary services. The withdrawal
make airline pricing more transparent to line of the message. corresponds with the Department’s and
consumers and airline analysts. FOR FURTHER INFORMATION CONTACT: Administration’s priorities and is
Although we believe there would be Kimberly Graber or Blane A. Workie, consistent with the Executive Order
benefits of collecting and publishing the Office of the Assistant General Counsel 13771, Reducing Regulation and
proposed aviation data, the Department for Aviation Enforcement and Controlling Regulatory Costs, January
also takes seriously industry concerns Proceedings, U.S. Department of 30, 2017.
about the potential burden of this rule. Transportation, 1200 New Jersey Ave. Issued on 5th day of December 2017 in
The Department is withdrawing this SE, Washington, DC 20590, 202–366– Washington, DC.
rulemaking proposal. The withdrawal of 9342 (phone), kimberly.graber@dot.gov Elaine L. Chao,
this rulemaking corresponds with the or blane.workie@dot.gov (email). Secretary of Transportation.
Department’s and Administration’s Electronic Access: Docket: For access [FR Doc. 2017–26707 Filed 12–13–17; 8:45 am]
priorities and is consistent with the to the docket to read background
Executive Order 13771, Reducing BILLING CODE 4910–9X–P
documents and comments received, go
Regulation and Controlling Regulatory to the street address listed above or visit
Costs, January 30, 2017. http://www.regulations.gov. Enter the
DEPARTMENT OF STATE
Issued in Washington, DC, on December 5, docket number DOT–OST–2017–0007
2017. in the search field. 22 CFR Parts 50 and 51
Elaine L. Chao, SUPPLEMENTARY INFORMATION: On
Secretary of Transportation. January 9, 2017, the Department issued [Public Notice 9804]
[FR Doc. 2017–26708 Filed 12–13–17; 8:45 am] an SNPRM that proposed to require air RIN 1400–AD54
BILLING CODE P carriers, foreign air carriers, and ticket
agents to clearly disclose to consumers Passports
at all points of sale customer-specific fee
AGENCY: Department of State.
DEPARTMENT OF TRANSPORTATION information, or itinerary-specific
information if a customer elects not to ACTION: Proposed rule.
Office of the Secretary provide customer-specific information, SUMMARY: This proposed rule provides
for a first checked bag, a second checked various changes and updates to the
14 CFR Part 399 bag, and one carry-on bag wherever fare Department of State passport rules. The
[Docket No. DOT–OST–2017–0007] and schedule information is provided to proposed rule incorporates statutory
consumers (see 82 FR 7536, Jan. 19, passport denial and revocation
RIN 2105–AE56 2017). The SNPRM further proposed to requirements for certain convicted sex
require airlines to provide useable, offenders. It notes that, notwithstanding
Transparency of Airline Ancillary
current, and accurate (but not the legal bases for denial or revocation
Service Fees
transactable) baggage fee information to of a passport, the Department may issue
AGENCY: Office of the Secretary (OST), all ticket agents that receive and a passport for direct return to the United
U.S. Department of Transportation distribute the airline’s fare and schedule States. It sets out the Department’s
(DOT). information, including Global procedures for denying and cancelling
ACTION: Notice of withdrawal of Distribution Systems and metasearch Consular Reports of Birth Abroad.
proposed rulemaking. entities. If an airline or ticket agent has Finally, the proposed rule provides
a website that markets to U.S. additional information relating to the
SUMMARY: The Department is consumers, the SNPRM proposed to conduct of review hearings.
withdrawing the supplemental notice of require the baggage fee information to be
proposed rulemaking (SNPRM) on DATES: The Department will accept
disclosed at the first point in a search
Transparency of Airline Ancillary process where a fare is listed in comments on the proposed regulation
Service Fees issued on January 9, 2017. connection with a specific flight up to February 12, 2018.
The SNPRM proposed to require air itinerary, adjacent to the fare. The ADDRESSES: Submit comments by any of
carriers, foreign air carriers, and ticket SNPRM also proposed to permit airlines the following methods:
agents to clearly disclose to consumers and ticket agents to allow customers to • Internet: At www.regulations.gov,
at all points of sale customer-specific fee opt-out of receiving the baggage fee search for this notice by searching for
information, or itinerary-specific information when using their websites. Docket No. DOS–2016–0080 or RIN
information if a customer elects not to On March 2, 2017, the Department 1400–AD54.
provide customer-specific information, suspended the comment period, which • By mail: Director, Office of Legal
for a first checked bag, a second checked had been scheduled to close on March Affairs and Law Enforcement Liaison,
bag, and one carry-on bag wherever fare 20, 2017. The suspension of the Passport Services, U.S. Department of
sradovich on DSK3GMQ082PROD with PROPOSALS
and schedule information is provided to comment period was to allow the State, 44132 Mercure Circle, P.O. Box
consumers. The withdrawal of this President’s appointees the opportunity 1227, Sterling, VA 20166–1227
rulemaking corresponds with the to review and consider this action. After • By email: Submit comments to:
Department’s and Administration’s a careful review, the Department has PassportRules@state.gov.
priorities and is consistent with determined to withdraw the SNPRM. FOR FURTHER INFORMATION CONTACT:
Executive Order 13771, Reducing The Department is committed to Anita Mody, Office of Legal Affairs,
Regulation and Controlling Regulatory protecting consumers from hidden fees Passport Services, (202) 485–6500.
Costs, January 30, 2017. and to ensuring transparency. However, Hearing- or speech-impaired persons
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Document Created: 2018-10-25 10:51:28
Document Modified: 2018-10-25 10:51:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule; withdrawal. | |
| Dates | Amendatory instructions 3 through 6 of the proposed rule published July 15, 2011 (76 FR 41726), are withdrawn as of December 14, 2017. | |
| Contact | Zeenat Iqbal and Blane A. Workie, Office of Aviation Enforcement and Proceedings, 1200 New Jersey SE, Room W96-414, Washington, DC 20590, (202) 366-9893, [email protected] (email). | |
| FR Citation | 82 FR 58777 | |
| RIN Number | 2105-AE31 |
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