U.S. Department of Transportation Office of the Secretary of Transportation


### Kelly 

### L. Johnson, A.A.E. Alice L Walton Terminal Building One Airport Boulevard Suite 100 Bentonville, Arkansas 72712

Dear 

### Ms. Johnson: GENERAL COUNSEL September 

### 167 2014 1200 New Jersey Avenue, SE Washington, DC 205-90

I.'-·

·.,· 

### Re: Comment submitted to Docket DOT-OST-2014-0056

Thank you for your letter to Secretary ofTransportation Anthony Foxx expressing your views about the U.S. Department of Transportation's May 23, 2014, notice of proposed rulemaking covering various consumer protection issues, including issues related to the transparency of airline ancillary service fees. Secretary Foxx asked me to 

### respond on his behalf As you are probably aware, the Department's notice ofproposed rulemaking is open for public comment and proposes a rule and asks for comments on the disclosure ofairline ancillary service tee information. More specifically, we ask for comment on whether carriers should be required to disclose ancillary service tee information for basic ancillary services to 

### certain ticket agents. We also are seeking comments on various alternatives with regard to how the ancillary service fee infom1ation should be displayed on Web sites and/or disclosed to consumers. I 

### note that the comment period on this open rulemaking closes on September 22, 2014. · Thank you 

### for your comment. In accordance with Department rules applicable to 

### pending proceedings, a copy ofyour letter and this response will be placed in our rulemaking docket. lf l 

### can provide additional information or assistance, please feel free to call me. Sincerely,

__ .

### /Bl~eA.**~orkie,** , , 

### "?1r Actmg Asststant General Counsel for 

### Aviation Entbrcement and ProceedingsBoard ofDircctors: Cha.irmnn

Mike Moss Vice Chairmnn

MikeJohnson Secretmy

Phll Phillips,Jr. Treasurer

SmnGreen Raymond Bums DnnDougiDS Arr Formanek CIIU'k Jnvln Hownrd Kerr Sara Lllygn:n Tim McCllrley Arr Morris Philip Tuldo M. L. Vun Pouckc ExecutiveDircctoc/CEO

Scott Vun LMlnghlll"n AirportDirector

Kelly L.Johnson, A.A.E. DirectorofFinance

Tcrry L. Frlliiklin Legni. CounsEl

john R. Elrod September 10, 2014 The Honorable Anthony Foxx Secretary U.S. Department ofTransportatlon 1200 NewJersey Ave, SE Washington, DC 20590 Regarding**DOT~OST-2014-0056-0079** Dear Secretary Foxx, We consumer groups are writing toyou to urge the Department to focus on what we consider the core Issue In the current airline consumer protections NPRM- the consumer's ability to see, compare and buy ancillary fees. Consumers do not want to see this issue delayed again should other portions ofthe complicated NPRM require more study and analysis. A robust docket shows thatAmerican consumers need and demand price transparency, the ability to comparison shop increasingly complex airline tickets along with fees for ancillary services and the ability to purchase those services wherever airlines choose to sell theirtickets. The solution Is simple. The DOT's final rule should ensure that:
• Airline consumers can see the full cost offlying including basic anclllary fees.
• Airline consumers are able to comparison shop across airlines including passenger and flight specific ancillary fees.
• Airline consumers are able to purchase these ancillary products atthe same time that they pay fortheir airfares. The free marketworks only when prices are transparent, and consumers have waited long enough. As you know, the debate on this Issue has been exhaustive.
• More than three years ofindustry studies, government analyses and economic papers.
• Detailed congressional hearings and meetings ofthe DOTAdvisory Committee forAviation Consumer Protection.
• Newspaper editorials.
• Hundreds ofpages. ofrulemaklng comments.

Alice L. Walton Terminal Building One Airport Boulevard • Suite 100 • Bentonville, AR 72712 Phone: 479-205-1000 • Fax: 479-205-1001 Hyxna.com• Tens ofthousands ofconsumersignatures.
• An extraordinary**year~long** review by the Office ofManagement and Budget. We urge DOTto move expeditiously to ensure thatancillary.fees are disclosed, searchable and transactable. Consumers have already waited more than three years for this issue to be addressed; we cannot risk further delay. Over recent years airlines have made their ancillary fees increasingly complex. Some airlines are even moving to dynamic, real-time pricing for things like carry-on and checked-baggage fees and seat reservations fees. Those airline actions to shroud ancillaryfees during the purchasing process have made the buying process unfair and deceptive for consumers attempting to purchase the services they will need on theirflights. Ourorganizations arethrilled that DOT has finally, after more than athousand days, publishedthis rulemaking. Now,**~e** urge the Departmentto complete,its rulemaking with robust requirements for the disclosure and transactability ofancillary fees. Given the complexity ofthis rulemaklng, consumergroups will understand should DOT require additional time to reflect on the new and important issues thathave been added to this rulemaklng such as a new definition ofwhat constitutes atravel agent, expanding the pool ofairlines reporting operation statistics, customerservice plansfrom ticket agents, transparency ofcodeshare operations, disclosures ofmarketed carriers by online travel agencies and screen bias displays. Ifso, the DOT could follow its precedentwith ancillaryfees in the lastconsumerprotection rule and request additional comments on any or all oftliose topics. We urge you notto allow the complexity and scope ofthis NPRM delaythe reliefconsumers have so desperately needed forthe last sixyears since airlines begun aggressively unbundling their products. Consumers have waited long enough to know thefull cost ofairline travel. Kind' regards,

# ,~pJJ&-rJt-**KJ;;~u~ptso~,** A.A.E Airport'Director