THE SECRETARY OF TRANSPORTATION 

WASHINGTON DC 20590 

TIle Honorable Robert Menendez 

United States Senate 

Washington. DC 20510 

Dear Senator Menendez: 

October 29. 20 I 0 

Thank you for your letter. cosigned by your congressional colleagues, expressing your views on 

the U.S. Department of Transportation's June 8, 20 10, notice of proposed rulcmaking covering 

consumer protection issues in air travel. You commented on issues including the disclosure of 

baggage mld other fees in conjunction with airline tickets. and air carriers sharing ancillary fee 

information with travel agents via global distribution systems. 

As you may know, the Department's notice of proposed rulcmaking docket was open lor public 

comment until September 23.20 I O. We received approximately 2,000 comments on our 

proposals, and we are working as quickly as possible to issue a final rule. I appreciate your 

interest in the proposals, and I assure you that we will give carellil consideration to all 

comments. including yours, in making our final decisions. 

A similar response has been sent to each cosigner of your letter. In accordance with Department 

rules on pending proceedings, a copy of your Icttcr und this response will be placed in our· 

rulemaking docket. For your reference, the dockct number is DOT -OST -2010-0140. 

IfI can provide additional ini<mnation or assista , please fcel free to call me. 
THE SECRETARY OF TRANSPORTATION 

NASHINGTOI'J DC 20590 

October 29.2010 

The Honorable George S. LeMieux 

United States Senate 

Washington. DC 20510 

Dear Senator LeMieux: 

Thank you for your letter, cosigned by your congressional colleagues, expressing your views on 

the U.S. Department of Transportation's June 8. 2010, notice of proposed rulemaking covering 

consumer protection issues in air traveL You commented on issues including the disclosure of 

baggage and other fees in conjunction with airline tickets, and air carriers sharing ancillary fcc 

information with travel agents via global distribution systems. 

As you may know, lhe Department's notice or proposed rulemaking docket was open for public 

comment until September 23,20 I O. We recciwd approximately 2.000 comments on our 

proposals, and we arc working as quickly as possible to issue a tinal rule. I appreciate your 

interest in the proposals. and I assure you that we will give carclul consideration to all 

comments, including yours, in making our final decisions. 

A similar response has been sent 10 each cosigner of your letter. In accordance with Department 

rules on pending proceedings, a copy of your letter und this response will be placed in our 

ntlcmaking docket. ror your reference. the docket number is DOT-OST-2010-0140. 

If 1 can provide additional inform~ tion or assistance, please led free to call me. 
THE SECRETARY OF TRANSPORTATION 

The Honorable Charles Schumer 

United States Senate 

Washington. DC 20510 

Dear Senator Schumer: 

~'/A5HI"iGTGr'J DC 20590 

October 29. 20 I 0 

Thank you for your leller, cosigned by your congressional colleagues, expressing your views on 

the U.S. Department of Transportation's June 8, 20 I O. notice of proposed rulemaking covering 

consumer protection issues in air travel. You commented on issues including the disclosure of 

haggage and other fees in conjunction \vith airline tickets, and air carriers sharing ancillary fee 

information with travel agents via global distribution systems. 

As you may know, the Department's notice of proposed ntlemaking docket was open lor public 

comment until September 23.2010. We received approximately 2.000 comments on our 

proposals. and we are working as quickly as possible to isslle a tinal rule. I appreciate your 

interest in the proposals. and' assure you that we will give careful consideration to all 

comments, including yours, in making our final decisions. 

A similar response has been sent to each cosigner of your letter. In accordance with Department 

ntles on pending proceedings. a copy of your letter and this response will be placed in otlr 

ntlcmuking docket. For your reference, the docket number is DOT -OST -20 I 0-0 140. 

If [ can provide additional information or assistanc' please fecI free to call me. 
THE SECRETARY OF TRANSPORTATION 

The Honorable Mary Landricu 

United States Senate 

Washington, DC 20510 

Dear Senator Landrieu: 

\'/;',SH;~JGTOf'1 DC 20590 

October 29.2010 

Thank you for your letter, cosigned by your congressional colleagues, expressing your views on 

the U.S. Department of Transportation's June 8, 2010, notice of proposed rulemaking covering 

consumer protection issues in air travel. You commented on issues including the disclosure of 

baggage and other fees in conjunction with airline tickets. and air carriers sharing ancillary fce 

information with travel agents via global distribution systems. 

As you may know, the Department's notice of proposed rulemaking docket was open for public 

comment until September 23,2010. We received approximately 2.000 comments on our 

proposals, and we are \vorking as quickly as possible to issue a final rule. I appreciate your 

interest in the proposals, and I assure you that we will give careful consideration to all 

comments, including yours, in making our final decisions. 

A similar response has been sent to each cosigner of your letter. In accordance with Department 

ntles on pending proceedings. a copy of your letter and this response will be placed in our 

nt1cmaking docket. For your reference. the docket number is DOT -OST -2010-0 t 40. 

If I can provide additional inform, tion or assistance. lease feel free to call me. 
The Honorable Ron Wyden 

United States Senate 

Washington, DC 20510 

Dear Senator Wydcn: 

THE SECRETARY OF TRANSPORTATION 

WASHINGTON DC 20590 

October 29, 20 I 0 

Thank you for your letter, COSigllCd by your congressional colleagues. expressing your views on 

the U.S. Department of Tmnsportation's June 8, 2010, notice of proposed rulemaking covering 

consumer protection issues in air travel. You commented on issues including the disclosure of 

baggage and other fees in conjunction with airline tickets, and air carriers sharing ancillary fee 

information with travel agents via global distribution systems. 

As you may know, the Department's notice of proposed rulemaking docket was open lor public 

comment until September 23.2010. We received approximately 2,000 comments on ollr 

proposals, and we are working as quickly as possible to issue a final rule. f appreciate your 

interest in the proposals, and I assure you that we will give careful consideration to all 

comments. including vours. in making ollr final decisions. -. - A similar response has been sent to each cosigner of your letter. Tn accordance with Department 

rules on pending proceedings, a copy of your letter and this response will be placed in our 

ruJemaking docket. For your reference, the docket number is DOT-OST-2010-0140. 

£1' I can provide additional infor 
THE SECRETARY OF TRANSPORTATION 

V/ASHII'JGTON DC 20590 

The Honorable Benjamin Cardin 

United States Senate 

Washington. DC 20510 

Dear Senator Cardin: 

Octooer 29. :2010 

Thank you for your letter, cosigned by your congressional colleagues, expressing your views on 

the U.S. Department of Transportation's June It 2010, notice of proposed rulcmaking covering 

consumer protection issues in air travel. You commented on issues including the disclosure of 

baggage and other fees in conjunction with airline tickets, and air carriers sharing ancillary tee 

information with travel agents via global distribution systems. 

As you may know, the Department's notice of proposed rulemuking docket was open lor public 

comment unlil September 23,2010. We received approximately 2,000 comments on our 

proposals, and we are working as quickly as possible 10 issue a tinal mle. I appreciate your 

interest in the proposals. and I assure you that we will give careful consideration to all 

comments, including yours, in making our tina) decisions. 

A similar response has been sent to each cosigner of your letter. In accordance with Department 

rules on pending proceedings, a copy of your letter and this response will be placed in our 

rulemaking docket. For your reference, the docket number is DOT-OST-201 0-0140. 

IfI can provide additional informatio 
THE SECRETARY OF TRANSPORTATION 

::ASH'i'JGTON DC 20590 

The Honorable Mark Begich 

United States Senate 

Washington. DC 205] 0 

Dear Senator Begich: 

October 29, 20 I () 

"Illank you for your ktter. cosigned by your congressional colleagues, expressing your views on 

the U.S. Department of Transportation'S June 8, 20 I O. notice or proposed rulemaking covering 

consumer protection isslles in air travel. You commented on issues including the disclosure of 

baggage and other lees in conjunction with airline tickets. and air carriers sharing ancillary fce 

information with tmvel agents via global distribution systems. 

As you may know. the Department's notice of proposed rulemaking docket was open for public 

comment until September 23, 20 I O. We received approximately 2,000 comments on our 

proposals, and we are working as quickly as possible to issue a linal rule. I appreciate your 

interest in the proposals, and I assure you that we will give careful consideration to all 

comments, including yours, in making our final decisions. 

A similar response has been sent to each cosigner of your letter. (n accordance with Department 

rules on pending proceedings. a copy of your letter and this response will be placed in our 

rulcmaking docket. For your reierence. the docket number is OOT-OST-201O-0140. 

If I can provide additional informati or assistance. pic; .• feel free to call me. 
tinitnt ~tntt.s ~rnQtt 

The Honorable Ray LaHood 

Secretary 

U.S.DepruUnentofT~portation 

1200 New Jersey A venue, S .E. 

Washington, DC 20590 

Dear Mr. Secretary: 

WASHINGTON, DC 20510 

September 23, 2010 

Re: DOT-OST-20IO-0140 

Enhancing Airline Passenger Protections 

We are writing to you in connection with the JWle 8, 2010, Notice of Proposed Rulemaking 

(NPRM) concerning Airline Passenger Protections. We applaud the Department for efforts 

under your leadership to protect consumers and are urging you to continue that leadership by 

requiring increased disclosure of ancillary fees on airline tickets as well as facilitating that 

discloSure by requiring the sharing of fee information by air carriers to travel agents and online 

travel companies. These proposals are contained in the NPRM's section 8 on "Baggage and 

Other Fees and Related Code-Share Issues." 

We believe consumers are entitled to full and honest disclosure of all fees and charges associated 

with air travel before they purchase a ticket, whether directly from an airline or from a thirdparty intermediary. That is why we supported Senator Menendez's recent amendment to require 

full airline disclosure of that information. As a result of our efforts, Section 407 ofH.R.1586, 

which passed the Senate unanimously on March 22, includes a requirement that the Department 

establish rules that will allow passengers to compare airline fares and fees, and a provision 

stating that it is an Wlfair and deceptive practice for airlines and ticket agents not to provide 

conspicuous information on fees for ancillary services. 

Greater disclosure of fees will give consumers the informat\on they need to make better and 

more informed air travel purchases. That is why we support the Department's proposal 

"requiring sellers of air transportation to display on their websites information regarding a full 

price including optional fees selected by the passenger when a prospective passenger conducts a 

query for a particular itinerary." This would allow passengers to conduct queries for their 

specific needs-for example, air fare and I checked bag, or air fare and 2 checked bags and extra 

legroom-and then compare the full cost of their proposed trip across air carriers. 

We also strongly support the Department's view that the list of ancillary services subject to 

required airline disclosures should be broad and inclusive. In proposed section 14 CFR 

399.85(c), the Department is proposing to require full disclosure of optional services, which 

"include but are not limited to the cost of a carry-on bag, checking baggage, advance seat 
assignments, in-flight food and beverage service, in-flight entertainment, blankets, pillows, or 

other comfort items, and fees for seat upgrades." We support this broad approach to disclosure, 

rather than the more limited approach that requires disclosure of only "significant" fees. 

In order for this level of disclosure of ancillary fees to occur, it is essential that traditional travel 

agencies and online travel companies--which together account for the sales of more than half of 

all airline tickets purchased in the United States-have easy access to fee information. That 

means requiring timely and full disclosure by airlines of ancillary fees to travel agencies via the 

global distribution systems (ODSs) that agencies almost universally use as their source of fare 

information. Indeed, the recognition of the critical role that travel agencies play in air line ticket 

sales has spurred us to support an adjustment to the Menendez amendment to require airlines to 

share fee information with the ODSs in which they participate so that travel agencies will have 

timely access to fee information that can subsequently be shared with the public. The 

Department states that it "is also considering requiring that carriers make all the information that 

must be made directly available to consumers via proposed section 399.85 available to global 

distributions systems (ODS) in which they participate in an up-to-date fashion and useful 

format" We could not agree more with the adoption of the described disclosure requirement, 

and thus urge the Department to incorporate such a requirement into its final rule. 

Providing the information to the public should not be burdensome to the carriers. We understand 

that all the necessary technical standards and protocols for transferring full information on 

ancillary services and fees have been jointly developed by the carriers and ODSs through 

standard industry processes, and are being readied for implementation. Moreover, the cost to the 

airlines of sustaining these transfers relative to the revenue streams they have created through 

unbundling services, apparently is nominal. We believe the full disclosure of ancillary fees and 

services to the ODSs will make it easier for consumers to shop for and purchase these services 

from their travel agents. 

Thank you for considering our views. We look forward to the final rule that will be published by 

the Department. and to working with you to ensure that consumers will be fully and fairly given 

access to the information they need to make better informed air travel decisions. 

Sincerely. 

United States Senator 

()....L<&1~ CHARLES SCHUMER 

United States Senator 

• 

~ United States Senator 
#!'~~ MARK BEGICH· 

United States Senator 

~tl4Jl; BENJAMIN CARDIN 

United States Senator