Airlines Face Old Unfair Practices Rules Revival Proposal
Published Date: 10/30/2025
Proposed Rule
Summary
The Department of Transportation wants to bring back old hearing rules for dealing with unfair or tricky practices in air travel and ticket sales. They’re also asking for your thoughts on canceling a recent rule. If you’re involved in air travel, now’s the time to speak up before December 1, 2025, with no new costs expected right now.
Analyzed Economic Effects
3 provisions identified: 3 benefits, 0 costs, 0 mixed.
Right to Request Evidentiary Hearings Restored
If the Department proposes a discretionary rule declaring an airline practice unfair or deceptive, any interested party may file a petition for an evidentiary hearing directed to the General Counsel before the close of the comment period (comments are due December 1, 2025). To get a hearing, a petitioner must make a plausible showing on three points: (1) the rule depends on one or more genuinely disputed factual issues (including scientific, technical, economic, or Information Quality Act issues), (2) ordinary public comment is unlikely to provide an adequate examination, and (3) resolving the dispute would likely have a material effect on the rule’s costs and benefits. If denied, the General Counsel must give a detailed explanation and the petitioner may appeal to the Secretary within 30 days of that explanation.
Neutral Officer and Hearing Record Requirements
Under the proposed rule, if a hearing is granted the General Counsel must arrange for a neutral officer to preside, allow reasonable opportunity to question presenters, and ensure the hearing officer files minutes and proposed findings of fact into the docket. Parties who participated can file statements of agreement or objection to those proposed findings, and the General Counsel must then decide whether to terminate, modify (with a new notice for comment), or finalize the rule, explaining the basis for that decision in the Federal Register.
Minimal Cost Impact on Small Air Carriers
The Department states this proposed rule would impose no more than de minimis regulatory costs and has determined it would not have a significant economic impact on a substantial number of small entities. For reference, a direct air carrier is treated as a small business under 14 CFR 399.73 if it provides air transportation only with small aircraft (up to 60 seats or 18,000-pound payload capacity).
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Key Dates
Department and Agencies
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