Notification of Regulatory Review: Possible Opportunity to Comment
October 16, 2017
On October 2, 2017, the U.S. Department of Transportation (DOT) issued a “Notification of Regulatory Review” to evaluate “existing regulations and … their continued necessity.” This is part of the Trump Administration’s publicized commitment “to reduce the burden of federal regulations on business and consumers.” The deadline for filing comments in connection with DOT’s Notification of Regulatory Review is November 1, 2017. Please let us know this week if you are interested in filing a comment, either on your airline’s behalf or in support of IATA/A4A.
This is an opportunity for airlines and other impacted entities to comment with the aim of reducing overly complex and burdensome regulations on the industry. Some possible topics could include:
- Tarmac Delay Rule – comments could advocate for elimination or modification of Tarmac Delay Rule or, alternatively, modification of how penalties are assessed and imposing new, clarifying regulations (i.e. DOT should fine on a per flight basis instead of a per passenger basis; DOT should implement the regulations called for by Congress last year regarding the tarmac delay “clock” stopping when the carrier begins to return to the gate).
- Full Fare Advertising Rule – comments could advocate for elimination or modification of the full fare advertising rule, which currently requires that all government taxes and fees must be included in the price of the ticket offered.
- Request for Information (RFI) on Airline Distribution Practices – On October 31, 2016, DOT issued a public notice requesting information (RFI) and comments on airline distribution practices. The Trump Administration put this RFI on hold in March 2017 noting that DOT does not have the authority to dictate which entities airlines may engage as business partners. Interested parties could push for elimination of this proceeding.
- DOT Enforcement Policy – comments could request DOT to develop a clear enforcement policy similar to that of FAA, that advances compliance through corrective measures, cooperation, and self-disclosure (as opposed to penalties).
- Unfair and Deceptive Practices – DOT has far exceeded Congressional intent in penalizing airlines on acts that are considered to be “unfair and deceptive practices” and comments could advocate for DOT to issue guidance limiting the scope of DOT’s definition “unfair and deceptive practices”.
Please let us know if you are interested in submitting a comment in this proceeding, either on behalf of your airline or in support of IATA and/or A4A. If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).
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