CHARTER OF THE ADVISORY COMMITTEE

FOR AVIATION CONSUMER PROTECTION

U.S. DEPARTMENT OF TRANSPORTATION

1. COMMITTEE’S OFFICIAL DESIGNATION: The Co mmittee shall be known as the Advisory Committee for Aviation Consumer Protection (ACACP).

2. AUTHORITY : This charter establishes the ACACP pursuant to section 411 of the FAA Modernization and Reform Act of 2012, P ub

. L. No. 112

- 95, 126 Stat. 11 (2012), and sets forth policies for its operation. The ACACP is established in accordance with the provisions of the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C., App. 2

.

3. OBJECTIVES AND SCOPE OF ACTIVITIES : The ACACP shall advise the U.S.

Se cretary of Transportation (the Secretary) in carrying out activities related to airline customer service improvements.

4. DESCRIPTION OF DUTIES : At the discretion of the Secretary, the ACACP will carry out the following tasks:

a. Evaluate existing aviation consumer protection programs and provide recommendations to the Secretary for the improvement of such programs, if needed;

and

b. Provide recommendations to the Secretary for establishing additional aviation consumer protection programs, if needed.

5. OFFI CIAL TO WHOM THE ACACP REPORTS : The ACACP shall report to the Secretary of Transportation through the Office of the General Counsel

.

6. SUPPORT : The Office of the General Counsel in the Office of the Secretary serves as Sponsor of the ACACP.

7. ESTIM ATED ANNUAL OPERATING COSTS AND STAFF YEARS :

a. Operating expenses are borne by the Office of the Secretary. The estimated annual

cost to the G overnment is $ 110 ,000, inclusive of .2 staff years, to cover meeting logistics (e.g., meeting expenses, trave l, and other support costs) and technical support (e.g., establishing and managing a repository of documents associated with ACACP business, as well as drafting, reviewing, and editing ACACP documents and correspondence).

b. Members of the ACACP shall ser ve without pay but may receive travel and per diem expenses in accordance with 5 U.S.C., chapter 57, subchapter I.

8. DESIGNATED FEDERAL OFFICER AND ACACP CHAIRPERSON :a. The Assistant General Counsel for Aviation Enforcement and Proceedings will serve as the Designated Federal Official (DFO) for the ACACP.

b. The DFO approves or calls all of the ACACP and subcommittee meetings, develops and approves the agenda in advance in consultation with the Chairperson, and must be present at each ACACP meeting. Th e DFO chairs meetings when directed to do so by the official to whom the ACACP reports and has the authority to adjourn meetings whenever such action is deemed to be in the public interest. The DFO works with the Chairperson to maintain order.

c. The DFO sh all furnish detailed minutes of each ACACP meeting to the Sponsor. The Chairperson shall certify the accuracy of the minutes.

d. Under 49 U.S.C. § 41708, authority is delegated to the DFO to require special reports to carry out the duties of the ACACP.

e. The Chairperson of the ACACP shall be designated by the Secretary from among the individuals appointed to the ACACP.

f. The Chairperson conducts each meeting using generally accepted meeting management techniques, provides an opportunity for participation by ea ch member and by public attendees, ensures adherence to the agenda, works with the DFO to maintain order, and prepares any recommendations to be submitted to the Secretary.

9. MEETINGS :

a. Frequency: Meetings will be held in Washington, DC, at the call of the DFO

. The ACACP will meet no more than four times during each 12

- month period following the ACACP’s establishment. Special meetings and subcommittee meetings may be called as necessary. Notice of each scheduled ACACP meeting will be published at

l east 15 calendar days prior to the date of the meeting in the Federal Register . Notice shall include the agenda, date, time, location, and purpose of the meeting.

b. Participation of the Public: All meetings will be open to the public, except as provide d under section 10(d) of FACA, as implemented by 41 CFR § 101

- 6.10, the Government in the Sunshine Act (5 U.S.C. § 522b(c)), 41 CFR Part 102

- 3, and DOT

Order 1120.3 8B . Members of the public will be given the opportunity to appear

before or file statements with the ACACP as determined by the DFO.

c. Voting: A quorum must exist for any official action, including voting on a recommendation, to occur. A quorum exists whenever three of the appointed members are present. In any situation involving voting, the m ajority vote of members present will prevail, but the views of the minority will be reported as well. I f there is no majority vote, the result ‘No Consensus’ must be reported, followed by the views of each voting faction. Any member, including the Chairma n, may make a motion for

a vote

.10. DURATION : Section 411(h) of Pub. L. No. 112

- 95 provides that the ACACP terminate

on September 30, 2015.

11. TERMINATION : The ACACP shall terminate on September 30, 2015, unless

extended.

12. MEMBERSHIP AND DESIGNAT ION :

a. The ACACP will be composed of individuals appointed by the Secretary in

accordance with 41 CFR 102

- 3.130 (a). ACACP members will be comprised of one representative each of:

i. air carriers;

ii. airport operators;

iii. State or local governments wi th expertise in consumer protection matters; and

iv. nonprofit public interest groups with expertise in consumer protection matters.

b. Nonparticipation by any member in ACACP activities will be sufficient reason for the appointment of a replacement member b y the Secretary.

13. SUBCOMMITTEES : The DFO may establish subcommittees to perform specific assignments. The Chairman may designate members to serve on the subcommittees.

a. Subcommittees shall not work independently of the chartered ACACP, shall repo rt all of their recommendations and advice to the full ACACP, and shall not provide advice or work products directly to the Sponsor or any Federal agency.

b. Any recommendations by subcommittees are subject to approval by the ACACP as a

whole in order to bec ome recommendations to the Secretary.

14. RECORDKEEPING : Pursuant to 5 U.S.C. § 552, the records, reports, minutes, agendas, and other documents made available to or by the ACACP will be available for public inspection and duplication through the Office of the Secretary. An agency docket will be established for the ACACP to meet this objective. To the extent that there is a discussion of issues concerning ongoing rulemaking proceedings during a n ACACP meeting, the minutes of that meeting will be placed in the appropriate docket.

15. REPORTS : Not later than September 15, 2015, the ACACP shall submit to the Secretary a summary of its final recommendations, if any, concerning any needed improvements to existing aviation consumer protection programs and t he need for establishing any additional aviation consumer protection programs.

16. FILING DATE : August 11, 2014

, is the filing date for this charter. It will expire on September 30, 2015 , unless the ACACP is extended, in which case the charter will expire two years from the filing date

.