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-20 14-0056 

Thank you for your letter to Secretary of Transportation 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 of proposed rulemaking is open for public 

comment and proposes a rule and asks for comments on the disclosure of airline 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 of your 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 Proceedings 
Board ofDircctors: 

Cha.irmnn 

Mike Moss 

Vice Chairmnn 

Mike Johnson 

Secretmy 

Phll Phillips,Jr. 

Treasurer 

SmnGreen 

Raymond Bums 

DnnDougiDS 

Arr Formanek 

CIIU'k Jnvln 

Hownrd Kerr 

Sara Lllygn:n 

Tim McCllrley 

Arr Morris 

Philip T uldo 

M. L. Vun Pouckc 

Executive Dircctoc/CEO 

Scott Vun LMlnghlll"n 

Airport Director 

Kelly L. Johnson, A.A. E. 

Director of Finance 

T crry L. Frlliiklin 

Legni. CounsEl 

john R. Elrod 

September 10, 2014 

The Honorable Anthony Foxx 

Secretary 

U.S. Department ofTransportatlon 

1200 New Jersey Ave, SE 

Washington, DC 20590 

Regarding DOT~OST-2014-0056-0079 

Dear Secretary Foxx, 

We consumer groups are writing to you 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 of the complicated NPRM require more study and analysis. 

A robust docket shows that American 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 their tickets. 

The solution Is simple. The DOT's final rule should ensure that: 

• Airline consumers can see the full cost of flying 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 at the same time that they pay 

for their airfares. 

The free market works 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 of industry studies, government analyses and economic papers. 

• Detailed congressional hearings and meetings of the DOT Advisory Committee for Aviation 

Consumer Protection. 

• Newspaper editorials. 

• Hundreds of pages. of rulemaklng 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 of thousands of consumer signatures. 

• An extraordinary year~long review by the Office of Management and Budget. 

We urge DOT to move expeditiously to ensure that ancillary. 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 ancillary fees during the purchasing process have 

made the buying process unfair and deceptive for consumers attempting to purchase the services they 

will need on their flights. 

Our organizations are thrilled that DOT has finally, after more than a thousand days, published this 

rule making. Now, ~e urge the Department to complete, its rulemaking with robust requirements for the 

disclosure and transactability of ancillary fees. 

Given the complexity of this rulemaklng, consumer groups will understand should DOT require 

additional time to reflect on the new and important issues that have been added to this rulemaklng such 

as a new definition of what constitutes a travel agent, expanding the pool of airlines reporting operation 

statistics, customer service plans from ticket agents, transparency of codeshare operations, disclosures 

of marketed carriers by online travel agencies and screen bias displays. If so, the DOT could follow its 

precedent with ancillary fees in the last consumer protection rule and request additional comments on 

any or all of tliose topics. 

We urge you not to allow the complexity and scope of this NPRM delay the relief consumers have so 

desperately needed for the last six years since airlines begun aggressively unbundling their products. 

Consumers have waited long enough to know the full cost of airline travel. 

Kind' regards, 

,~pJJ&-rJt- KJ;;~u~ptso~, A.A.E 

Airport 'Director