Federal Register #2026-13295

DOT Final Rule: Revised Procedures for Aviation Consumer Protection Hearings

The U.S. Department of Transportation (DOT), through its Office of the Secretary and Office of Aviation Consumer Protection, has issued a final rule updating procedures for regulating unfair or deceptive practices in aviation consumer protection. - Government Buyer: - U.S. Department of Transportation (DOT) - Office of the Secretary (OST) - Office of Aviation Consumer Protection - No Original Equipment Manufacturers (OEMs) or commercial vendors are involved, as this is a regulatory action. - No products or services are being procured; the rule pertains to procedural requirements for regulatory hearings. - Key procedural changes: - Reinstates 2020 hearing procedures for discretionary aviation consumer protection rulemakings under 49 U.S.C. 41712 - Requires use of neutral hearing officers and formal findings of fact - Establishes a plausible prima facie standard for granting hearings - Rescinds the 2022 rule and 2023 clarification on enforcement actions - Enhances due process, transparency, and opportunities for interested parties to participate in hearings - Stakeholders include Airlines for America, IATA, and consumer advocacy groups - No product part numbers, quantities, or procurement-specific requirements are included

Description

The U.S. Department of Transportation is amending its regulations regarding hearing procedures for discretionary aviation consumer protection rulemakings that declare a practice unfair or deceptive. This final rule revises the 2022 hearing procedures to align with the 2020 due process protections, ensuring neutral hearing officers and formal findings of fact. It also rescinds the 2023 Clarification of Formal Enforcement Procedures, reaffirming the Department's authority to seek judicial enforcement. The rule is effective July 31, 2026, and aims to improve the quality and fairness of regulatory processes under Section 41712.

View original listing