THE SECRETARY OF TRANSPORTATION WASHINGTON, D.C. 20590

Mr. Nicholas E. Calio President and ChiefExecutive 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 ConsumerProtection 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 ofthis Committee. The Committee, which also includes one representative each ofairports, consumers, and State governments, submitted recommendations to me on a wide range ofaviation consumer issues. I have enclosed a copy ofmy report to Congress that includes those recommendations and our plans to implementthem.

I am seeking your assistance in implementing the recommendations related to travelers with disabilities; discrimination by air carriers on the basis ofrace, religion, national origin, or gender; and greater clarity ofcontract tenns in carrier contracts ofcarriage 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 bettertravel 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 oftheir 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 ofpassengers' 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, ifthere are any voluntary steps that your member carriers can take that they believe will remove additional barriers

## l l 1 encountered by passengers with disabilities when they travel, I ask that you strongly encourage them to do so. 2

The Committee also recommended that Iremind airlines oftheir obligation to avoid discrimination on the basis ofrace, religion, national origin, or gender and encourage carriers to stress this obligation intheir initial and recurring personnel training. Therefore, I ask you to remind your member carriers ofthe various Federal statutes thatprohibit unlawful discrimination against air travelers because oftheirrace, color, religion, ethnicity, national origin, or sex (49 U.S.C. §§ 40127 and 41310).
Itwould be helpful ifyou also emphasize to your member carriers the benefits ofproviding 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 theirtraining 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 surveyhowthe airlines define certain terms frequently used in airlines' contracts ofcarriage and customer service plans. Ihave asked the Department's Office ofAviation Enforcement and Proceedings to establish an industry working group to identify, define, and explain theterms commonly used in contracts ofcarriage and customer service plans. Samuel Podberesky, the Assistant General Counsel, will be contacting David Berg shortly to ask for a recommendation onworking group members.

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

### illhelp ir rove consumerprotection· ur air transportation system.

Enclosure

cc: David Berg

### Reporton Recommendations ofthe Advisory Committee on Aviation ConsumerProtection As Required by 

### Public Law 112·95, Sectioo 411

Overview
Section 411 ofthe FAA Modernization and Reform Act of2012 (Pub. L. 112-95, 126 Stat. 11 (2012)) mandates the establishment ofan advisory committee for the purpose ofadvising the Secretary ofTransportation on airline customer service improvements. By statute, this Committee must consist offour members-onerepresentative each ofairlines, airports, non-profit public interest groups, and State and local governments. It is chargedwithproviding recommendations to the Secretary for improving existing aviation consumerprotection programs and for establishing new ones, 

### ifneeded. The Act also requires the Secretaryto 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 laterthan February 1, 2014.

As required by the Act, on May 24, 2012, Secretary Ray LaHood announcedthecreation ofan Advisory Committee on Aviation ConsumerProtection to advise him in carryingoutactivities related to airline customer service improvements. He selected as members ofthe Committee four individuals who have demonstrated experience in dealing with consumer protection matters. They are: (1) Lisa Madigan, Attorney General ofIllinois, who was also chosento be the Committee chairperson; (2) David Berg, SeniorVice President, General Counsel and Corporate Secretary for Airlines for America; (3) Deborah Ale-Flint, Oakland International Airport's Director ofAviation; and (4) Charles Leocha, founder and Director ofthe Consumer Travel Alliance. The Secretary tasked the Committee members with providinghim theirfirst setofrecommendations no laterthan 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 ofrecommendations to the Secretary
on a wide range ofaviation consumer issues including service to passengers with disabilities, discrimination based onrace and religion, consumercomplaints, ancillary fees. and disclosures by onlinetravel agencies and other agents as to which carriers' servicesthey sell. Priorto arriving atthese recommendations, the Committee held three public meetings and heard from members ofthe public and organizations representing airlines, travel agents, airport operators, state and local governments, and consumer and otherpublic interest groups. Records relatingto the advisory committee, including a transcript and minutes ofits meetings and its full recommendation report are contained in the Department's docket. See DocketNo. DOT-OST2012·0087.

### Page 

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This is the Department's first report to Congress on the recommendations ofthe Advisory Committee on Aviation Consumer Protection. This report summarizes the recommendations of the Committee, describes the Department's efforts and plans to implementthese recommendations, and provides the reasons for not implementing certain recommendations immediately and in their entirety.

Recommendations ofthe Committee


### The principal recommendations made by the Committee related to (1) travelers with disabilities; (2) discrimination by air carriers on the basis ofrace, religion, national origin, or gender; (3) the handling ofairtravel complaints by the Department; ( 4) additional dissemination by the Department ofinformation on consumerrights; (5) greaterclarity in contract terms in carrier contracts ofcarriage and customer service plans; (6) transparency in airline pricing; (7) disclosuresby travel agents; and (8) additional reporting ofon-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 abetter travel experience for travelers with disabilities; (2) encourage airline and airport personnel to work wtth the Transportation Security Administration (TSA) to develop aplan to assisttravelers who are unable to sit during lengthy layovers without their specially made wheelchairs; (3) work with airlines and airports to make theirkiosks and Web sites accessible to travelers with disabilities; and (4) require airports and airlines to ensure appropriate access to service animal reliefareas in airports where practicable. Response: We concurwith the recommendation to encourage airlines and airports to make the travel experience betterfor travelers with disabilities and the recommendation to encourage them to work with TSA to ensure timely return ofpassengers' wheelchairs to enable passengers to use theirown wheelchairs during lengthy layovers. To implement these recommendations, within 30 days ofthedate ofthis report, the Secretary will send aletterto U.S. and foreign air carrier associations asking the associations to remind theirmember carriers oftheirobligations underthe Department's rule concerning air travelers with disabilities to provide Jndividuals with 

### disabilities nondiscriminatory service and access to airtransportation. 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 theirown equipment to the extentpossible 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 reliefareas, and as the Committee noted, rulemakings on these issues are already underway (RIN 2105-AD96, and RfN 2105-AD91). The Departmentpublished a supplemental notice ofproposed 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 orhave low vision. The Department also published an NPRM that solicited public comments on whetherthe Department should require airports to locate a minimum ofone service animal reliefareaper 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 Based011 Race, Religio11,National Origin or Gender

Recommendation: DOTshould remind the airlines oftheirobligation to avoid discrimination on the basis ofrace, religion, national origin, orgender and should encourage carriers to stressthis obligation intheir initial and recurring personnel training. Proposed Response: We concur. The letterthat will 

### be sent to carrierassociations as described in the Travelers with Disabilities response above will also askthat they remind carriers ofthe various Federal statutesthat prohibit unlawful discrimination against airtravelers because of their race. color, religion, ethnicity, national origin. or sex (49 U.S.C. §§ 40127 and 41310)and stress the benefits oftraining personnel to ensure that all persons are provided equal protection of the laws and no person is subjected to unlawful discrimination when traveling.


### 3. ConsumerAir Travel Complaints

Recommendation: DOT should improveits informal airtravel consumercomplaintresolution process byproviding more information to consumers about their complaint. In orderto help
consumers betterunderstand the status and resolution oftheircomplaint, 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 consumercan contact with questions about the status ofthe complaint.

2. DOT should outline the complaint process to consumers and address othermaterial facts (e.g., whether complaint involves a regulated area, whether investigation will be conducted, whethercomplaint has been forwarded to airline).
Response: We generally concur in these recommendations. No laterthan 30days afterthe date ofthisreport, the Department will begin to revise its complaint handling process. It will amend its standard letters acknowledging receipt ofairline service complaints, which are usually sentto
consumers the same day a complaint is entered into its tracking system, so they explainthat an analyst will be assigned to work on the case shortly and provide the office's consumercontact telephone numberto reach the analyst. Assurances will also be provided in the letters that telephone calls will bereturned by the analyst within one business day. The acknowledgement letters will also 

### be revised to betteroutline the complaintprocess tbrconsumers. 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 complainantsandwould not be beneficial to consumers. The changes that we are making to thePage 

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acknowledgement letters provide the new information recommended by the Committee and would stili enable consumersto easily and quickly reach the analyst handlingtheir complaint.


### 4. EnhancedInformation aboutAir Travei ConsumerRights

Recommendation: DOT should place its guidance on consumer rights and related FAQs on its website in a prominent place so that consumerscan better understand theirrights and responsibilities as air travelers.
Response: We concurin this recommendation. There will be greaterprominence given to guidance on consumerrights on the Department's Web site and the Web site ofits Office of Aviation Enforcement and Proceedings, which is the office that monitors compliance with and investigates violations ofthe Department's aviation economic, consumerprotection, and civil rights requirements. We expect to complete these tasks within 30 days after the date ofthis report.


### 5. Understanding Terms Used in Contracts of Carriage andCustomerServicePlans

Recommendation: DOT should work with the airlines to survey how the airlines define certain terms frequently used in their contracts ofcarriage and customer service plans. The Department shouldplace this information on its Web site to assist consumers with understandingtheterms and conditions oftheirtravel.
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 ofcarriage and customer service plans. A statement ofthese definitions will then be made available to members ofthe public via the DOT Web site, and we will encouragecarriers to postthis infonnation on their sites as well. Although the date ofcompletion ofthe work on this recommendation is dependent on airline association cooperation, we believe the task can be completed within 6 months afterthe date ofthis report.


### 6. Transparency in 

### Pricing

Recommendation: DOT should ensure transparency in air carrier pricing. The Committee adopts Recommendation 11 ofthe Final Report ofthe Future ofAviation Advisory Committee, which urged greater transparency in the disclosure ofancillary fees. Response: We have initiated a rulemaking package (Enhancing AirJine Passenger Protections III, RIN 2105-AE11) which may include aprovision seeking comment on whetherthe Department should require that ancillary fees be displayed through all sale channels. Thecurrent status ofthis rulemaking can be found at www.reginfo.gov. We note that implementation ofthis recommendation is subject to rulemaking procedures that preclude us from prejudgingthe outcome ofthe rulemaking process.

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# . •'**Pag~** 

## IS

7. TicketAgentDisclosures


### 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, ifthat 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 ifthey want to find out all availabletravel options. Response: We have initiated arulemaking package (Enhancing Airline PassengerProtections III, RIN 2105-AEll) which may include a provision seeking comment on whetherthe 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 ofthis rulemaking 

## can be found at www.reginfo.gov. We note that implementationofthis recommendation·is subject to rulemaking procedures that preclude us from prejudging the outcome ofthe rulemaking process.
8. On-TimePerformam:e Reporting forAll Airlines 

### Recommendation: DOT should mandate that databe reported to the agency's Bureau of Transportation Statistics tbr all flights and airlines, as opposed to only those that**acco~t** 

### for 1percent ofdomestic scheduled passengerrevenue! Response: We have initiated arulemaking package (Enhancing Airline Passenger Protections III, RIN 2105-AE11) which may include a provision seeking comment on whetherthe Departmentexpand the on time perfonnance ·•reporting carrier" pool to inclucie smallercarriers. The current status ofthis rulemaking can be tbund at www.reginfo.gov. We note that implementation ofthis recommendation is subjectto rulemaking precedures that preclude us from prejudging the outcome ofthe rulemaking process.