CHARTER OF THE ADVISORY COMMITTEE

FOR AVIATION CONSUMER PROTECTION

U.S. DEPARTMENT OF TRANSPORTATION

1. COMMITTEE’S OFFICIAL DESIGNATION: The Committee 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, Pub. 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. 

Secretary 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. OFFICIAL 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. ESTIMATED ANNUAL OPERATING COSTS AND STAFF YEARS: 

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

cost to the Government is $110,000, inclusive of .2 staff years, to cover meeting logistics 

(e.g., meeting expenses, travel, 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 serve 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. The 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 shall 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 each 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 

least 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 

provided 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 1120.38B. 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 majority vote of members 

present will prevail, but the views of the minority will be reported as well. If there is 

no majority vote, the result ‘No Consensus’ must be reported, followed by the views 

of each voting faction. Any member, including the Chairman, 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 DESIGNATION: 

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 with 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 by 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 report 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 become 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 an 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 the 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.