DOT OUTLINES ITS REGULATORY AND DEREGULATORY AGENDA
March 7, 2024
On February 9, 2024, DOT published the Unified Agenda of Federal Regulatory and Deregulatory Actions (“Regulatory Agenda”). In addition to providing information on upcoming regulatory activity, the Regulatory Agenda also invites comments on DOT’s regulatory process to streamline regulatory language. For instance, in an upcoming rulemaking initiative, the Department’s Office of the Secretary (“OST”) is working to update the definition of “service animal” to ensure that DOT’s definition is aligned with recent amendments made by the Department of Justice (“DOJ”). The Department’s goal is to ensure consistent definitional regulations while also mitigating any confusion that may result from varying service animal standards across different modes of transportation.
The Department also plans to finalize its Refunding Airline Tickets Ancillary Service Fees rulemaking within the near future. 49 U.S.C. 41712 prohibits U.S. and foreign air carriers, as well as ticket agents, from engaging in unfair sale practices and requires the issuance of refunds when a carrier cancels or significantly changes a flight. This rulemaking seeks to clarify that carriers and ticket agents must promptly refund tickets and would also define “cancellation” and “significant change” while also resolving whether “new itineraries involving delays of a certain length or additional stops constitute a significant change requiring a refund.” Other purposes of the rulemaking include addressing protections for consumers who are unable to travel due to government restrictions, requiring airlines to refund checked baggage fees when bags are not delivered in a timely manner, and requiring the prompt refund of ancillary fees for services not received. In addition to several meetings of the Aviation Consumer Protection Advisory Committee, this rulemaking also prompted one public hearing last year at the request of airline industry groups.
If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202-659-6665 or dderco@eckertseamans.com; Jay Julien at 202.659.6648 or jjulien@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
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