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Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Proposed Rules
a categorical exclusion, the agency must also consider whether extraordinary circumstances are present that would warrant the preparation of an EA or EIS.
Id. Paragraph 10.c.16.h of DOT Order 5610.1D categorically excludes actions relating to consumer protection, including regulations. This proposal relates consumer protection.
The Department does not anticipate any environmental impacts, and there are no extraordinary circumstances present in connection with this rulemaking.
Signed on June 23, 2021, in Washington, DC
Peter Paul Montgomery Buttigieg, Secretary of Transportation.

List of Subjects 14 CFR Part 259
Air carriers, Consumer protection, Reporting and recordkeeping requirements.

PART 259ENHANCED
PROTECTIONS FOR AIRLINE
PASSENGERS
1. The authority citation for 14 CFR
part 259 continues to read as follows:

Authority: 49 U.S.C. 40101a4, 40101a9, 40113a, 41702, 41708, 41712, and 42301.

2. Amend 259.5 by revising paragraphs b3 and 5 to read as follows:

Customer Service Plan.

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b
3 Delivering baggage on time, including making every reasonable effort to return mishandled baggage within 12 hours for domestic flights and within 25 hours for international flights, compensating passengers for reasonable expenses that result due to delay in delivery, as required by 14 CFR part 254
for domestic flights and as required by applicable international agreements for international flights, and refunding passengers for any fees charged to transport a checked bag that is delayed or lost, as required by 14 CFR part 260;

5 Where ticket or ancillary service fee refunds are due, providing prompt refunds within 7 days, as required by 14
CFR 374.3 and 12 CFR part 226 for credit card purchases, and within 20
days after receiving a complete refund request for cash and check purchases,
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delivered to the passenger or the passengers agent within 12 hours of the last flight segments arrival for domestic itineraries and within 25 hours of the last flight segments arrival for international itineraries, including itineraries that include both international flight segments and domestic flight segments.

Sec.
260.1 Purpose.
260.2 Definitions.
260.3 Applicability.
260.4 Refunding fees for ancillary services that passengers paid for but that were not provided.
260.5 Refunding fees for significantly delayed or lost bags.
260.6 Providing prompt refunds.

260.3

Authority: 49 U.S.C. 40101a4, 40101a9, 41702, and 41712.

A covered carrier shall promptly provide a refund to a passenger for any fees it collected from the passenger for ancillary services related to air travel if the service was not provided, including fees for services on the passengers scheduled flight, on a subsequent replacement flight if there has been a rescheduling by the carrier, or on a flight not taken by the passenger due to oversales or a flight that is not operated by the carrier. If a ticket agent collected the ancillary fee, the carrier that is scheduled to operate the flight or if multiple-carrier itineraries, the carrier that is scheduled to operate the last segment of the passengers itinerary is responsible for providing a refund.

Purpose.

The purpose of this part is to ensure that carriers refund passengers for ancillary services related to air travel that passengers paid for but were not provided. This part is also intended to ensure that carriers refund passengers for fees to transport checked bags that are lost or significantly delayed.
260.2

PART 260REFUNDS FOR AIRLINE
ANCILIARY SERVICE FEES

260.1

14 CFR Part 260
Air carriers, Consumer protection.
For the reasons set forth in the preamble, the Department proposes to amend 14 CFR chapter II as follows:

259.5

and other means of payment. Refunds must be in the original form of payment such as credit card, debit card, cash or check, airline miles;

3. Add part 260 to read as follows:

Definitions.

As used in this part:
Air carrier means a citizen of the United States undertaking by any means, directly or indirectly, to provide air transportation.
Ancillary service means any service related to air travel provided by a covered carrier, for a fee, beyond passenger air transportation. Such service includes, but is not limited to, checked or carry-on baggage, advance seat selection, access to in-flight entertainment program, in-flight beverages, snacks and meals, pillows and blankets, and seat upgrades.
Checked bag means a bag or an item other than a bag that was provided to a carrier by or on behalf of a passenger, for transportation in the cargo compartment of a scheduled passenger flight. A checked bag includes a gatechecked bag and a valet bag.
Covered carrier means an air carrier or a foreign air carrier operating to, from or within the United States, conducting scheduled passenger service.
Covered flight means a scheduled flight operated or marketed by a covered carrier to, from, or within the United States.
Foreign air carrier means a person, not a citizen of the United States, undertaking by any means, directly or indirectly, to provide foreign air transportation.
Significantly delayed checked bag means a checked bag that is not
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Applicability.

This part applies to all covered carriers that collect fees, including checked baggage fees, for ancillary services to be provided on or in relation to a covered flight.
260.4 Refunding fees for ancillary services that passengers paid for but that were not provided.

260.5 Refunding fees for significantly delayed or lost bags.

Upon receiving a notification pursuant to paragraph b of this section from a passenger, a covered carrier that collected a checked baggage fee from the passenger or, if a ticket agent collected the checked baggage fee from the passenger, the covered carrier that is scheduled to operate the flight or the covered carrier that is scheduled to operate the last segment of the passengers itinerary if multiple-carrier itineraries, shall promptly provide a refund to the passenger of any fee charged for transporting a significantly delayed checked bag.
a Determining the length of delay.
1 For the purpose of determining whether a refund of the baggage fee is due, the 12-hour deadline for domestic itineraries and the 25-hour deadline for international itineraries is calculated from the time when a passenger was given the opportunity to deplane from the aircraft at the passengers final destination; or, if the final travel segment was on alternate ground transportation, a comparable time when the passenger disembarks from the ground transportation.

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