THE SECRETARY OF TRANSPORTATION 

WASHINGTON, D.C. 20590 

Mr. Nicholas E. Calio 

President and Chief Executive Officer 

Airlines for America 

1301 Pennsylvania Avenue, NW., Suite 1100 

Washington, DC 20004 

Dear Mr. Calio: 

June 19, 2013 

In May 2012, I established an Advisory Committee on Aviation Consumer Protection to advise 

me on airline customer service improvements. David Berg, senior vice president, general 

counsel, and corporate secretary for Airlines for America, is a valuable member of this 

Committee. The Committee, which also includes one representative each of airports, consumers, 

and State governments, submitted recommendations to me on a wide range of aviation consumer 

issues. I have enclosed a copy of my report to Congress that includes those recommendations 

and our plans to implement them. 

I am seeking your assistance in implementing the recommendations related to travelers with 

disabilities; discrimination by air carriers on the basis of race, religion, national origin, or gender; 

and greater clarity of contract tenns in carrier contracts of carriage and customer service plans. I 

am committed to improving access to our air transportation system, and ensuring that all 

passengers receive the respect they deserve before, after, and during their flight. 

With respect to travelers with disabilities, the Committee recommended that I encourage airlines 

and airports to take any voluntary steps that they believe will result in a better travel experience 

for travelers with disabilities, including working with the Transportation Security Administration 

(TSA) to ensure that there are no security requirements preventing the timely return of 

passengers' wheelchairs so passengers may use their own specially made wheelchairs during 

lengthy layovers. 

Accordingly, I ask you to remind your member carriers of their obligation under the Air Carrier 

Access Act and the Department's implementing regulation to provide nondiscriminatory service 

and access to air transportation to individuals with disabilities. I also ask that you urge your 

member carriers to work with airports and TSA to ensure that passengers who are dependent on 

their specially made wheelchairs that are being carried in the cargo compartment can use them 

during lengthy airport layovers. The Department's disability regulation requires airlines to 

provide for the checking and timely return of passengers' wheelchairs so that passengers may use 

their own equipment to the extent possible, except where this practice would be inconsistent with 

Federal regulations governing transportation security. In addition, if there are any voluntary 

steps that your member carriers can take that they believe will remove additional barriers 
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encountered by passengers with disabilities when they travel, I ask that you strongly encourage 

them to do so. 

2 

The Committee also recommended that I remind airlines of their obligation to avoid 

discrimination on the basis of race, religion, national origin, or gender and encourage carriers to 

stress this obligation in their initial and recurring personnel training. Therefore, I ask you to 

remind your member carriers of the various Federal statutes that prohibit unlawful discrimination 

against air travelers because of their race, color, religion, ethnicity, national origin, or sex 

(49 U.S.C. §§ 40127 and 41310). 

It would be helpful if you also emphasize to your member carriers the benefits of providing 

initial and recurrent civil rights training to carrier employees and contractors, particularly pilots, 

flight attendants, and other airline customer contact personnel who may have a role in safety or 

security detem1inations affecting the air transportation system. In addition to covering Federal 

anti-discrimination statutes and guidance in their training materials, airlines may also wish to 

consider including information pertaining to cultural awareness and sensitivity issues. 

The Committee also suggested that the Department work with the airlines to survey how the 

airlines define certain terms frequently used in airlines' contracts of carriage and customer 

service plans. I have asked the Department's Office of Aviation Enforcement and Proceedings 

to establish an industry working group to identify, define, and explain the terms commonly used 

in contracts of carriage and customer service plans. Samuel Podberesky, the Assistant General 

Counsel, will be contacting David Berg shortly to ask for a recommendation on working group 

members. 

Thank you for working with us in our efforts to implement the Committee's recommendations. I 

am confident your members' efforts ill help ir rove consumer protection· ur air 

transportation system. 

Enclosure 

cc: David Berg 
Report on 

Recommendations of the Advisory Committee on Aviation Consumer Protection 

As Required by 

Public Law 112·95, Sectioo 411 

Overview 

Section 411 of the FAA Modernization and Reform Act of2012 (Pub. L. 112-95, 126 Stat. 11 

(20 12)) mandates the establishment of an advisory committee for the purpose of advising the 

Secretary of Transportation on airline customer service improvements. By statute, this 

Committee must consist of four members-one representative each of airlines, airports, 

non-profit public interest groups, and State and local governments. It is charged with providing 

recommendations to the Secretary for improving existing aviation consumer protection 

programs and for establishing new ones, if needed. The Act also requires the Secretary to 

submit two reports to Congress on the Committee's recommendations-the first report is due no 

later than February 1, 2013, and the second report is due no later than February 1, 2014. 

As required by the Act, on May 24, 2012, Secretary Ray LaHood announced the creation of an 

Advisory Committee on Aviation Consumer Protection to advise him in carrying out activities 

related to airline customer service improvements. He selected as members of the Committee 

four individuals who have demonstrated experience in dealing with consumer protection 

matters. They are: ( 1) Lisa Madigan, Attorney General of Illinois, who was also chosen to be 

the Committee chairperson; (2) David Berg, Senior Vice President, General Counsel and 

Corporate Secretary for Airlines for America; (3) Deborah Ale-Flint, Oakland International 

Airport's Director of Aviation; and (4) Charles Leocha, founder and Director of the Consumer 

Travel Alliance. The Secretary tasked the Committee members with providing him their first 

set of recommendations no later than October 15, 2012, and their second set of 

recommendations no later than October 15, 2013. 

On October 22, 2012~ the Committee submitted its first set of recommendations to the Secretary 

on a wide range of aviation consumer issues including service to passengers with disabilities, 

discrimination based on race and religion, consumer complaints, ancillary fees. and disclosures 

by online travel agencies and other agents as to which carriers' services they sell. Prior to 

arriving at these recommendations, the Committee held three public meetings and heard from 

members of the public and organizations representing airlines, travel agents, airport operators, 

state and local governments, and consumer and other public interest groups. Records relating to 

the advisory committee, including a transcript and minutes of its meetings and its full 

recommendation report are contained in the Department's docket. See Docket No. DOT-OST2012·0087. 
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This is the Department's first report to Congress on the recommendations of the Advisory 

Committee on Aviation Consumer Protection. This report summarizes the recommendations of 

the Committee, describes the Department's efforts and plans to implement these 

recommendations, and provides the reasons for not implementing certain recommendations 

immediately and in their entirety. 

Recommendations of the Committee 

The principal recommendations made by the Committee related to (1) travelers with disabilities; 

(2) discrimination by air carriers on the basis of race, religion, national origin, or gender; (3) the 

handling of air travel complaints by the Department; ( 4) additional dissemination by the 

Department of information on consumer rights; (5) greater clarity in contract terms in carrier 

contracts of carriage and customer service plans; (6) transparency in airline pricing; 

(7) disclosures by travel agents; and (8) additional reporting of on-time performance by air 

earners. Each recommendation and the steps the Department is taking in response, is addressed 

below. 

1. Travelers witll Disabilities 

Recommendation: DOT should: ( 1) encourage airlines and airports to take any voluntary steps 

that they believe will result in a better travel experience for travelers with disabilities; (2) 

encourage airline and airport personnel to work wtth the Transportation Security Administration 

(TSA) to develop a plan to assist travelers who are unable to sit during lengthy layovers without 

their specially made wheelchairs; (3) work with airlines and airports to make their kiosks and 

Web sites accessible to travelers with disabilities; and (4) require airports and airlines to ensure 

appropriate access to service animal relief areas in airports where practicable. 

Response: We concur with the recommendation to encourage airlines and airports to make the 

travel experience better for travelers with disabilities and the recommendation to encourage them 

to work with TSA to ensure timely return of passengers' wheelchairs to enable passengers to use 

their own wheelchairs during lengthy layovers. To implement these recommendations, within 

30 days ofthe date of this report, the Secretary will send a letter to U.S. and foreign air carrier 

associations asking the associations to remind their member carriers of their obligations under the 

Department's rule concerning air travelers with disabilities to provide Jndividuals with 

disabilities nondiscriminatory service and access to air transportation. The Secretary will also 

reference the existing requirement for carriers to provide for the checking and timely return of 

passengers' wheelchairs so that passengers may use their own equipment to the extent possible 

except where this practice would be inconsistent with Federal regulations governing 

transportation security, and he will urge airlines to work with airports and TSA to ensure that 

passengers who are dependent on their specially-made wheelchairs can use them during lengthy 

airport layovers. 

We also concur with the recommendation to work with airlines and airports to make their kiosks 

and Web sites accessible and ensure appropriate access to service animal relief areas, and as the 

Committee noted, rulemakings on these issues are already underway (RIN 21 05-AD96, and RfN 

2105-AD91). The Department published a supplemental notice of proposed rulemaking (NPRM) 
f>ag.c !3 

that proposed to require airport and airline automated kiosks and airline Web sites to be 

accessible to passengers with disabilities such as passengers who are blind or have low vision. 

The Department also published an NPRM that solicited public comments on whether the 

Department should require airports to locate a minimum of one service animal relief area per 

tenninal inside the '"sterile area" between the TSA security checkpoint and the gate area. The 

Department is working to finalize these rules as soon as possible. 

2. Discriminatio11 Based 011 Race, Religio11, National Origin or Gender 

Recommendation: DOT should remind the airlines of their obligation to avoid discrimination on 

the basis of race, religion, national origin, or gender and should encourage carriers to stress this 

obligation in their initial and recurring personnel training. 

Proposed Response: We concur. The letter that will be sent to carrier associations as described 

in the Travelers with Disabilities response above will also ask that they remind carriers of the 

various Federal statutes that prohibit unlawful discrimination against air travelers because of 

their race. color, religion, ethnicity, national origin. or sex ( 49 U.S.C. §§ 40127 and 4131 0) and 

stress the benefits of training personnel to ensure that all persons are provided equal protection of 

the laws and no person is subjected to unlawful discrimination when traveling. 

3. Consumer Air Travel Complaints 

Recommendation: DOT should improve its informal air travel consumer complaint resolution 

process by providing more information to consumers about their complaint. In order to help 

consumers better understand the status and resolution of their complaint, the Committee 

recommends the following specific steps. 

1. DOT should provide contact infb~ation for the analyst handling the complaint and 

indicate that the analyst is the person the consumer can contact with questions about 

the status of the complaint. 

2. DOT should outline the complaint process to consumers and address other material 

facts (e.g., whether complaint involves a regulated area, whether investigation will be 

conducted, whether complaint has been forwarded to airline). 

Response: We generally concur in these recommendations. No later than 30 days after the date 

ofthis report, the Department will begin to revise its complaint handling process. It will amend 

its standard letters acknowledging receipt of airline service complaints, which are usually sent to 

consumers the same day a complaint is entered into its tracking system, so they explain that an 

analyst will be assigned to work on the case shortly and provide the office's consumer contact 

telephone number to reach the analyst. Assurances will also be provided in the letters that 

telephone calls will be returned by the analyst within one business day. The acknowledgement 

letters will also be revised to better outline the complaint process tbr consumers. The 

acknowledgement letters will not include the specific contact information for the analyst 

handling the complaint as doing this would result in a delay in sending such letters to 

complainants and would not be beneficial to consumers. The changes that we are making to the 
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acknowledgement letters provide the new information recommended by the Committee and 

would stili enable consumers to easily and quickly reach the analyst handling their complaint. 

4. Enhanced Information about Air Travei Consumer Rights 

Recommendation: DOT should place its guidance on consumer rights and related F AQs on its 

website in a prominent place so that consumers can better understand their rights and 

responsibilities as air travelers. 

Response: We concur in this recommendation. There will be greater prominence given to 

guidance on consumer rights on the Department's Web site and the Web site of its Office of 

Aviation Enforcement and Proceedings, which is the office that monitors compliance with and 

investigates violations of the Department's aviation economic, consumer protection, and civil 

rights requirements. We expect to complete these tasks within 30 days after the date of this 

report. 

5. Understanding Terms Used in Contracts of Carriage and Customer Service Plans 

Recommendation: DOT should work with the airlines to survey how the airlines define certain 

terms frequently used in their contracts of carriage and customer service plans. The Department 

should place this information on its Web site to assist consumers with understanding the terms 

and conditions of their travel. 

Response: We concur in this recommendation. In the Secretary's letter to U.S. and foreign 

carrier associations referenced above, we will ask the associations to work with the Office of 

Aviation Enforcement and Proceedings to identify and then define/explain terms commonly used 

in contracts of carriage and customer service plans. A statement of these definitions will then be 

made available to members of the public via the DOT Web site, and we will encourage carriers 

to post this infonnation on their sites as well. Although the date of completion of the work on 

this recommendation is dependent on airline association cooperation, we believe the task can be 

completed within 6 months after the date of this report. 

6. Transparency in Pricing 

Recommendation: DOT should ensure transparency in air carrier pricing. The Committee 

adopts Recommendation 11 of the Final Report of the Future of Aviation Advisory Committee, 

which urged greater transparency in the disclosure of ancillary fees. 

Response: We have initiated a rulemaking package (Enhancing AirJine Passenger Protections 

III, RIN 21 05-AE 11) which may include a provision seeking comment on whether the 

Department should require that ancillary fees be displayed through all sale channels. The current 

status of this rulemaking can be found at www.reginfo.gov. We note that implementation of this 

recommendation is subject to rulemaking procedures that preclude us from prejudging the 

outcome of the rulemaking process. 
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7. Ticket Agent Disclosures 

Recommendation: DOT should require all ticket agents, including online ticket agents, to 

disclose the fact that they do not offer for sale all airlinest tickets, if that is the case, and that 

additional airlines may serve the route being searched. All ticket agents, including online ticket 

agents, should make this disclosure clearly and conspicuously, so that consumers know they may 

need to search elsewhere if they want to find out all available travel options. 

Response: We have initiated a rulemaking package (Enhancing Airline Passenger Protections 

III, RIN 2105-AEll) which may include a provision seeking comment on whether the 

Department should require all ticket agents, including online ticket agents, to disclose the fact 

that they do not offer for sale all airlines' tickets. The current status of this rulemaking can be 

found at www.reginfo.gov. We note that implementation of this recommendation· is subject to 

rulemaking procedures that preclude us from prejudging the outcome of the rulemaking process. 

8. On-Time Performam:e Reporting for All Airlines 

Recommendation: DOT should mandate that data be reported to the agency's Bureau of 

Transportation Statistics tbr all flights and airlines, as opposed to only those that acco~t for 

1 percent of domestic scheduled passenger revenue! 

Response: We have initiated a rulemaking package (Enhancing Airline Passenger Protections 

III, RIN 21 05-AE 11) which may include a provision seeking comment on whether the 

Department expand the on time perfonnance ·•reporting carrier" pool to inc lucie smaller carriers. 

The current status of this rulemaking can be tbund at www.reginfo.gov. We note that 

implementation of this recommendation is subject to rulemaking precedures that preclude us 

from prejudging the outcome of the rulemaking process.