Federal Register #2105-AF38

DOT Final Rule Revising Procedures for Regulating Unfair or Deceptive Practices in Aviation

The U.S. Department of Transportation (DOT), Office of the Secretary, has finalized a rule revising procedures for regulating unfair or deceptive practices in aviation: - 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, not a procurement. - Products/Services Requested: - No products or commercial services are being procured. - The rule addresses procedural services: hearings with neutral officers, presentation of testimony, written submissions, and issuance of formal findings of fact for aviation consumer protection rulemakings. - Unique/Notable Requirements: - Reinstates 2020 procedures requiring neutral hearing officers and formal findings of fact. - Rescinds the 2022 rule and 2023 clarification on enforcement actions. - Establishes a plausible prima facie standard for granting hearings. - Emphasizes due process, transparency, and stakeholder participation in regulatory actions. - Key stakeholders include Airlines for America, IATA, and consumer advocacy groups, but no commercial procurement is involved.

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, affirming the Department's authority to seek judicial enforcement in U.S. District Court. The rule aims to improve the quality and fairness of regulatory processes related to unfair or deceptive practices in aviation.

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