Beer Jumper Sparks Air Travel Debate

Beer Jumper Sparks Air Travel Debate

DOT Rules Working

Legislature in Recess, but Issues Remain

Kate's Week

Volunteer of the Month

JetBlue Flight Attendant Sparks Debate

When JetBlue flight attendant Steven Slater slipped off the end of his rope last week, ranting over the intercom before grabbing a couple of beers from the service cart, activating an exit escape slide, and dramatically exiting the aircraft, he brought airline travel frustration into national headlines.

If you have read a newspaper, watched a TV news show, listened to the radio or opened your own home page, then you are undoubtedly familiar with this incident. The publicity surrounding Slater's action catapulted years of growing air travel frustration, resentment and anger to the front page.

As you'll see in the new "Kate's Week" section below, I've had a busy week, talking about this incident and its meaning. I've been making two points. First, Mr. Slater's actions are really not defensible. Anyone in a customer-facing position cannot treat their customers like that.

At the same time, as I said to Seattle Times reporter Carol Pucci, "Things have reached the tipping point. It's truly trench warfare out there for both passengers and flight attendants." Years of marginalization of both passengers and crew by airlines chasing the bottom line have left us all just fed up on a bunch of levels.

DOT Rules Working
Despite claims and threats by the airlines that the new rules, including the 3 Hour Rule would spark mass cancellations and apocalyptic upheaval for passengers, just the opposite has taken place--tarmac strandings are way down and the number of cancellations has not changed.

According to the latest data, last year in June there were 268 tarmac delays of over 3 hours. This year in June there were 3. Additionally, despite threats that the new rule would cause mass cancellations by the airlines rate was 1.5% this year in June and 1.5% last year in June. To see the latest DOT data on this go to: http://www.bts.gov/press_releases/2010/dot156_10/html/dot156_10.html.

We did this, my friends, and we need to keep the idea moving into federal law.

Congress and Senate in Recess-We Need to Prepare for September
The House of Representatives and the Unites States Senate are in recess right now, but will address the 2010 FAA Reauthorization Bill shortly after they return. We need to plan an event for September to prevent any further kicking of the can down the road...and we'd love ideas and volunteers to help us strategize.

Kate's Week
To keep you better informed on Flyers' Rights efforts on your behalf, I'll try to outline my efforts each week. As you know, I work with the legislative branch and with top-level government officials to keep passenger rights legislation and rulings moving forward. I also spend a lot of time keeping our issues in the public eye by speaking with the media. Flyers' Rights also issues press releases regarding airline travel issues.

Last week, I appeared on ABC's Good Morning America, Inside Edition, NBC's Today Show, and HLN's Jane Velez Mitchell's show. I also gave three newspaper interviews and four radio interviews, including one for NPR. Most of those activities involved discussion of the JetBlue flight attendant incident and its meaning, but some of those events were to discuss the DOT rules.

We Need Your Help
Recent administrative expenses have once again depleted the already bleak Flyers' Rights treasury. Any donation you can make will help keep passenger rights legislation moving forward and our issues in the public eye.

Volunteer of the Month
Our organization functions on the contributions of our members. These contributions are given in time, treasure and talent. Some donors give in more than one way. We would like to thank three very special donors who have given much time, talent and treasure to our organization.

We are woefully behind in sharing our volunteers of the month. We will be including June, July and August in the next three consecutive e-mails. But in an attempt to catch you all up we'll start with May.

May's Volunteer of the Month: Kendall Wright.
Ken has been writing our bulk e-mails and tirelessly keeping up with all of our efforts so that you are in the know! Ken has many talents which are serving our organization well: patience, smarts, and a great sense of humor are just the beginning. Ken dove in as our Director of our Bulk E-mails, but has provided many other gifts to our organization and myself, including helping update our software and organizing our enormous e-mail overload. We cannot thank him enough. (And no, he didn't write this part!)

About Ken:
Kendal Wright is doubly retired; first, from a 21-year aviation career in the US Air Force, and second, from a career in Information Technology as a senior consultant with Digital Equipment Corporation, Compaq Computer Corporation, and the Hewlett-Packard Company. Born and raised in Denver, Colorado, Ken graduated from Colorado State University in 1968. He also holds an MBA from Central Michigan University. His Air Force career included flying C-141, C-130 and C-5 transports and several staff and management jobs. In his second career, he worked with Digital's products and became a senior consultant in Microsoft operating systems and applications. His second retirement came in 2005, and he now devotes his time to his county's Adult Literacy Program and to writing and editing for FlyersRights.org. He lives in northern California and has two daughters and one grandchild.
Stay tuned...


"The War Is Not Over"
Click here to contribute to FlyersRights.org!

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Are YOU An Annoying Passenger? Great Story by airfarewatchdog.com

Are YOU An Annoying Passenger?

August 11, 2010

By Tracy William Stewart

Airfarewatchdog.com

Let's see...when last we saw an evacuation chute make the news, it was being put to use in the icy winter waters of the Hudson. Remember that? And here we are again, another dramatic exit by emergency chute. Only this time, minus the emergency. Just a flight attendant, holding a beer, going down a slide.

So why is America so quick to call Steven Slater a hero? Though he didn't save anyone, his dramatic stand against bad manners obviously resonates with people. While most folks will agree that, yes, he overreacted here, there seems to be little doubt among the online community that the passenger that drove Mr. Slater over the edge is just as much, if not more, out of line in her behavior.

And this is reassuring why? Because this outpouring of support seems to indicate that most people can spot annoying behaviors when they see them. If only we could say the same for everyone we've encountered during our travels, not only on the plane but in the airport as well. Are you an annoying traveler? Nobody is perfect, but here are a few guidelines to help keep your behavior in check.

1. You may find small inconsistencies here and there, but security regulations are pretty much standard across the board. Is it really a surprise that your cellphone will set off the metal detector? Help speed things up by placing all your metal and electronic doodads in a coat pocket or carry-on pouch, remove your laptop from its case, have liquids/gels/toiletries in the TSA-approved quart-sized bag, and have those shoes ready to toss in the tray. And yes, that nonfat macchiato you just bought does in fact count as a liquid. As does that 6 gallon vat of Gold Bond Medicated Cream you forgot to put in your checked baggage. Don't argue with the nice agent. Keep it moving.

2. Standing still on the people mover. Exhilarating, isn't it? Enjoy the ride! But at least move to the right so others can get around. And move those bags out of the way too. Thanks!

3. Carry-ons and overheads, bad news first: You may have to store your carry-on in an overhead bin other than the one directly above your seat. The good news? Every overhead bin on the plane is going to the same place you're going! Quelle coinkidink! Heck, even if you're asked to check your carry-on, you'll still see it again upon arrival. A slight inconvenience, yes, but no need for a meltdown. Just take whatever items you may need during the flight and keep them under the seat in front of you. No biggie.

4. Be accommodating to your seatmates and fellow passengers, without being creepy. Are they avoiding eye contact when taking their seat? If so, they probably aren't up for a get-to-know-you chitchat. Taking the redeye and notice everyone in your row sleeping? Then keep your shade down and turn the reading light off a little sooner. And would it kill you to swap seats so that family can seat together? Probably not.

5. Whoa there, Burger King, go easy on the smells. You wouldn't want your seatmate blowing stogie smoke in your face, and that steaming Whopper with onion isn';t any better. If you're starving, forgo that grease-blotted bag of fast food for something a little more discrete. Have you ever in your life caught a whiff of M&Ms, or a ham and cheese, or a bag of trail-mix? No? Well, there you go. Buy those instead.

And this isn't solely a food offense. Remember, you're in a plane, not the hair & make-up trailer. While your attempts at getting beautiful are sure to be a hit on the ground, the nail polish and the Axe body spray aren't gonna make you any friends up in the air. At the very least, do your spritzing and fixing in the lavatory. Related: Armpits and feet...hellooo? Are you smuggling Doritos in those socks? Keep it clean, people.

6. Surely, you've heard. All portable electronics, mobile phones, laptops, etc. must be switched off during take-off and landing. Think this rule is just a bunch of hooey? Whatever effect your last minute call to the office might have on the delicate instruments of the aircraft is not up for debate. It's a risk your fellow passengers and their families probably don't care to take. So, whatever it is, it can wait. And please don't give the crew any lip if they ask you again to turn it off, mmkay?

7. Kicking and screaming. This is a delicate one, but not necessarily all that complicated. Parents traveling with children, please keep your child from kicking the back of the seat, slipping arms between seats, yelling, and being a nuisance to fellow passengers. You may be desensitized to this sort of thing, but the guy in front of you is not. Annoyed passenger, should the trouble persist and you have to ask the parent to intervene, do so in a polite and pleasant tone. Making someone feel like an inadequate parent will only make things worse.

As for crying infants...well, sorry, it happens. And there's not much to be done about it. One thing's for sure. Those pricey noise canceling headphones you passed up on the ground are looking puh-retty worth it about now, aren't they? Maybe buy them next time. You'll be so glad you did.

8. Clapping upon landing? Really? This one isn't so much annoying as it is baffling. How exactly did you imagine this flight would end?

9. Stay seated until the aircraft has reached the gate. Yes, the siren song of 200-something seat belts unfastening in unison is very exciting. You've landed, you want to stand up, and you want your stuff! But hang cool, teddybear. Even if by some chance you've collected your things from the overhead the moment the wheels touch the ground...uh, where exactly do you plan on going? The door is still closed and there are about 60 people seated in the rows before you, all of whom are just as eager to deplane.

10. Once at baggage claim, all sense of personal space seems to go out the window. And it's no wonder, after having spent all those hours confined to such a tiny seat. But don't wriggle your way through a cluster of waiting people only to block their access to the belt. That's annoying. Those people are waiting on their bag too. The conveyor belt is long and winding, with plenty of room for everyone.

Are we missing anything? If so, feel free to add your own travel annoyances below.

DOT Extends Period for commenting on proposed rule enhancing airline passenger protections

DOT extends period for commenting on proposed rule enhancing airline passenger protections
In response to numerous requests, DOT has extended the comment period for “Enhancing Airline Passenger Protections,” a Notice of Proposed Rulemaking the agency issued in June 2010, from August 9 to September 23, 2010. If adopted, the proposed rule, which can be found at 75 F.R. 32318 (June 8, 2010), would substantially expand DOT’s rule of the same name that regulates lengthy tarmac delays and went into effect on April 29, 2010. See 74 F.R. 68983 (Dec. 30, 2009).

Although the proposed rule covers 12 different areas, its primary focus is on tarmac delays.

The rule that went into effect on April 29 requires that each covered U.S. airline adopt a “Contingency Plan for Lengthy Tarmac Delays” that applies to its “scheduled and public charter flights at each large and medium hub U.S. airport.” For domestic flights, the Contingency Plan must include an assurance that the airline will not permit an aircraft to remain on the tarmac for more than three hours, unless certain safety or security conditions apply. For international flights that depart from or arrive at a U.S. airport, the Contingency Plan must include an assurance that the airline will not permit an aircraft to remain on the tarmac “for more than a set number of hours, as determined by the carrier and set out in its contingency plan,” unless certain safety or security conditions apply. For all flights, the Contingency Plan must include an assurance that the airline will provide adequate food and water, lavatory facilities and, if needed, medical attention. The required Contingency Plan assurances are all contained in 14 C.F.R. § 259.4.

An airline’s failure to comply with any of the required Contingency Plan assurances is considered an unfair and deceptive practice within the meaning of 49 U.S.C. § 41712. See 14 C.F.R. § 259.4(e). This means that a violation of the assurances could result in, pursuant to 14 C.F.R. § 383.2, a civil penalty by DOT of up to $27,500 per violation.

DOT’s proposed rule would expand 14 C.F.R. § 259.4 by requiring, among other things, (i) each foreign airline operating scheduled passenger or public charter service to and from the United States to adopt a contingency plan “that includes minimum assurances identical to those currently required of U.S. carriers for the latter’s international flights,” and (ii) each covered airline to adopt a contingency plan covering not just large hub and medium hub U.S. airports, but small hub and non-hub U.S. airports as well.

Thus, if the proposed rule were adopted in its present form, it would not result in the imposition of a fixed time limit for U.S. or foreign airlines to deplane passengers on international flights during tarmac delays. But a fixed time limit might be on the horizon. While DOT recognizes that “most international flights operate less frequently than most domestic flights, potentially resulting in much greater harm to consumers if carriers cancel these international flights (e.g., passengers are less likely to be accommodated on an alternate flight in a reasonable period of time)”, DOT nonetheless is requesting comments “on whether any final rule that we adopt should include a uniform standard for the time interval after which U.S. or foreign air carriers would be required to allow passengers on international flights to deplane.”

The proposed rule also proposes to strengthen the oversales (or “bumping”) regulations in 14 C.F.R. Part 250, to strengthen DOT’s enforcement policy regarding full fare advertising, to codify DOT’s longstanding policy that a forum selection provision in an airline’s contract of carriage is an unfair and deceptive practice under certain circumstances and to make several other substantial consumer-oriented changes. One of these other proposed changes pertains to the accommodation of travelers with peanut allergies.

Although the regulations implementing the Air Carrier Access Act and the Americans with Disabilities Act define “disability” using almost identical language (compare 14 C.F.R. § 382.3 with 42 U.S.C. § 12102(1)), DOT considers a severe peanut allergy to be a “disability,” while the Eighth Circuit, the only federal appeals court to rule on this issue, held that it is not a “disability.” See Land v. Baptist Medical Center, 164 F.3d 423 (8th Cir. 1999). In 1998, DOT attempted to enforce its policy by requiring that airlines, if given advance notice, provide a “peanut-free buffer zone” in the immediate area of a passenger with a severe peanut allergy. In 1999, Congress smacked this requirement down, and DOT backed off – until now.

The notice indicates that DOT is considering the following alternative measures to address the peanut allergy issue: (i) “banning the serving of peanuts and all peanut products by both U.S. and foreign carriers on flights covered by DOT’s disability rule,” (ii) “banning the serving of peanuts and all peanut products on all such flights where a passenger with a peanut allergy is on board and has requested a peanut-free flight in advance,” and (iii) “requiring a peanut-free buffer zone in the immediate area of a passenger with a medically-documented severe allergy to peanuts if [the] passenger has requested a peanut-free flight in advance.”

The peanut growers’ trade associations are very strong, they remember the peanut allergy rebellion of 1998-99 very clearly and they responded very quickly. As a result, on June 22, DOT issued a “Clarification” recognizing that, as a result of the 1999 legislation, it is barred from adopting any peanut restrictions “until 90 days after submission to the Congress and the Secretary of a peer-reviewed scientific study that determines that there are severe reactions by passengers to peanuts as a result of contact with very small airborne peanut particles of the kind that passengers might encounter in an aircraft.” The Clarification does not mention whether DOT intends to commission such a study.

The notice also indicates that DOT is considering requiring that carriers make epinephrine auto-injectors available on flights; it requests comments on the question of “Who should be responsible for ensuring an epinephrine auto-injector is available on a flight – the passenger with a severe peanut allergy or the carrier?” Of course, this question raises others as well. If airlines are required to stock Epi-Pens on their aircraft, will flight attendants be required to inject passengers under certain circumstances? Should an Epi-Pen be given to an unaccompanied minor? Will airlines be liable if the passenger has an adverse reaction to the epinephrine? If the aircraft are being stocked with Epi-Pens, then why not also stock them with insulin and other medicines? One can only hope that, ultimately, DOT is able to resist its apparent desire to make airline personnel try to function as immunologists.

Comments on the proposed rule may be filed in docket DOT-OST-2010-0140.


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This entry was posted on Tuesday, August 3rd, 2010 at 9:33 pm and is filed under Air Carrier Access Act, Airline Passenger Bill of Rights Act, Airlines, Ground delay. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

Tarmac Rule is Working! The Sky is Not Falling! Wall Street Journal's Middle Seat

August 4, 2010, 2:12 PM ET.Canceled Flights Up Slightly in July.Airlines threatened to cancel scads of flights if the Department of Transportation put through its three-hour tarmac-delay limit. The DOT did, and airlines seem to be adjusting without throwing their operations and summer air travel into cancellation chaos.

A July 15 Middle Seat looked at May and June. Now we have some preliminary July data from FlightStats.com, which tracks airline flights, showing much the same.

The weather seems to have been worse for airlines in July. On-time performance for the U.S. industry dropped to 76.1% from 77.6% in July 2009, and there were fewer flights operating because of airline schedule cuts. (Less congestion generally translates into improved on-time arrivals.) The percentage of U.S. flights arriving 45 minutes or more past their scheduled arrival time also increased, to 9.8% of all flights tracked by FlightStats, compared to 9.1% last year.

And cancellations showed a similar small increase, to 1.4% of all flights from 1.2% last year. In terms of total numbers, there were 9,759 cancellations counted by FlightStats compared to 9,336 in July 2009.

With May and June, airlines said in the July Middle Seat that the tarmac-delay rule, which threatens massive fines if airlines leave flights stranded, had little impact. Even airlines with big increases in cancellations and plenty of incentive to blame the tarmac rule said other factors were to blame–their own maintenance issues, for example, and volcanic ash in Iceland and Central America.

To be sure, there are flights that get canceled because they are approaching the three-hour limit, or airlines simply fear launching them into a potential long delay. But volcanoes and other factors had far more impact.

A study by two aviation consultants, by the way, looked at an increase in May cancellations and concluded the tarmac-delay rule was to blame. The DOT refuted that, and airlines themselves did as much in the July Middle Seat story.

Instead of massive cancellations, airlines and airports have worked hard to put systems in place to comply with the new rule. In the end, travelers may get more reliable transportation. While some flights will get canceled because of the rule, many probably enjoyed shorter waits to takeoff and better service upon landing because of the increased monitoring of flights and changes in operations to avoid long delays.

The FlightStats numbers are raw – DOT publishes more refined data, but with a much longer time lag. Next week, DOT will release June operations numbers. FlightStats, which is used by airlines and airports as well as frequent travelers and gets data directly from airline systems and the Federal Aviation Administration, already has July available. There are other advantages: FlightStats looks at a broader universe – more U.S. airlines than DOT reports. It’s a good resource, but by no means the definitive accounting of how the system worked.

Still, by most accounts, the system is working this summer, even better than airlines themselves predicted.

7 Dogs Dead after American Airlines Flight

(CNN) -- Authorities were investigating the deaths of seven dogs after an American Airlines flight to Chicago.

Flight 851 was an hour late taking off from Tulsa, Oklahoma, Tuesday morning, according to Mary Frances Fagan, director of corporate communications for American Airlines. The flight arrived at Chicago's O'Hare International Airport at 8:54 a.m. with 14 dog kennels on board.

All the dogs on Flight 851 were "bound for other locations," Fagan said. When ramp workers began the process of moving the dogs to the other flights, they noticed the animals looked "lethargic." They tried to cool them down. The animals were taken from the airport to a veterinarian, Fagan said. Seven dogs later died.

The incident was under investigation. The dogs are being necropsied. The airline said it has drawn no conclusions on what happened.

"We normally transport 100,000 or more every year. We certainly do value pets that our customers have as well as our own," Fagan said.

The American Airlines website details rules for accepting dogs and cats on aircraft. Among them: "Temperature restrictions have been established to ensure animals are not exposed to extreme heat or cold in the animal holding areas, terminal facilities, when moving the animals between terminal and aircraft or on an aircraft awaiting departure."

The airline's website says pets cannot be accepted when the current or forecasted temperature is warmer than 85 degrees at any location on the itinerary.

The Dallas Morning News reported the temperature at Tulsa International Airport was already 86 degrees at 7 a.m. before the plane's departure, and 87 degrees at 8 a.m.

Airline Baggage Transparency and Accountability Act

For Immediate Release Contact: Kate Hanni (707)337-0328
August 3, 2010
FlyersRights Lauds Introduction of Webb Bill to Address Runaway Fees Charged to Passengers
Measure would Bring Much Needed Fairness, Clarity for Consumers

Napa, CA (July 13, 2010)—Flyersrights.org, the nation’s leading voice for airline passengers, praised a bill introduced today by Senator Jim Webb (D-VA) entitled “The Airline Baggage Transparency and Accountability Act.” The bill would establish rules to assist consumers to compare airfares and other costs applicable to tickets for air transportation and would require airlines to pay taxes on such fees to fund modernization and maintenance of the U.S. Air Transport System.

“One of the main reasons airlines have made our skies the Land of the Fee, by imposing so many fees on passengers to pad their bottom line, is that they have not had to pay taxes into the Aviation Trust fund for them as they do with other revenue,” said Kate Hanni, Founder and Executive Director of FlyersRights.org. “By closing this loophole the airlines will likely reevaluate how many fees they impose on us, and when they do at least a percentage will be going to improve and maintain our aviation system.”

The bill creates transparency by providing that any fees for checked baggage, seating assignments, and optional in-flight goods and services, and other fees that may be charged after the ticket is purchased will have to be displayed to ensure that all consumers are able to easily and fairly compare airfares and other costs. Additionally, Carry-on and Checked Baggage fees will now be considered as an amount paid for taxable transportation.

“For years the airlines have not been required to fully and plainly disclose what the true total cost of a flight is including all the fees and extra charges, keeping passengers in the dark and distorting the marketplace,” added Hanni. “The Webb bill also brings needed clarity for passengers on fees as they make their choices for air travel and brings the airline sector into line with recent efforts requiring full and fair disclosure by credit card companies to consumers about fees.”

For more about FlyersRights ongoing fight to protect consumers go to: www.flyersrights.org.

CRA10412 S.L.C.
111TH CONGRESS
2D SESSION S. ll
To establish rules to assist consumers to compare airfares and other costs
applicable to tickets for air transportation, to amend the Internal Revenue
Code of 1986 to provide that fees charged for carry-on and checked
baggage on passenger aircraft are subject to the excise tax imposed
on transportation of persons by air, and for other purposes.
IN THE SENATE OF THE UNITED STATES
llllllllll
Mr. WEBB introduced the following bill; which was read twice and referred
to the Committee on llllllllll
A BILL
To establish rules to assist consumers to compare airfares
and other costs applicable to tickets for air transportation,
to amend the Internal Revenue Code of 1986
to provide that fees charged for carry-on and checked
baggage on passenger aircraft are subject to the excise
tax imposed on transportation of persons by air, and
for other purposes.
1 Be it enacted by the Senate and House of Representa2
tives of the United States of America in Congress assembled,
2
CRA10412 S.L.C.
1 SECTION 1. SHORT TITLE.
2 This Act may be cited as the ‘‘Airline Baggage Ac3
countability and Greater Security Act’’ or the ‘‘Airline
4 BAGS Act’’.
5 SEC. 2. NOTIFICATION REQUIREMENTS WITH RESPECT TO
6 THE SALE OF AIRLINE TICKETS.
7 (a) IN GENERAL.—The Office of Aviation Consumer
8 Protection and Enforcement of the Department of Trans9
portation shall establish rules to ensure that all consumers
10 are able to easily and fairly compare airfares and other
11 costs applicable to tickets for air transportation, including
12 all taxes and fees.
13 (b) NOTICE OF TAXES AND FEES APPLICABLE TO
14 TICKETS FOR AIR TRANSPORTATION.—Section 41712 of
15 title 49, United States Code, is amended by adding at the
16 end the following:
17 ‘‘(c) NOTICE OF TAXES AND FEES APPLICABLE TO
18 TICKETS FOR AIR TRANSPORTATION.—
19 ‘‘(1) IN GENERAL.—It shall be an unfair or de20
ceptive practice under subsection (a) for an air car21
rier, foreign air carrier, or ticket agent to sell a tick22
et for air transportation unless the air carrier, for23
eign air carrier, or ticket agent, as the case may
24 be—
25 ‘‘(A) displays information with respect to
26 the taxes and fees described in paragraph (2),
3
CRA10412 S.L.C.
1 including the amount and a description of each
2 such tax or fee, simultaneously with and in rea3
sonable proximity to the price listed for the
4 ticket; and
5 ‘‘(B) in the case of a ticket for air trans6
portation sold on the Internet, provides to the
7 purchaser of the ticket information with respect
8 to the taxes and fees described in paragraph
9 (2), including the amount and a description of
10 each such tax or fee, before requiring the pur11
chaser to provide any personal information, in12
cluding the name, address, phone number, e13
mail address, or credit card information of the
14 purchaser.
15 ‘‘(2) TAXES AND FEES DESCRIBED.—The taxes
16 and fees described in this paragraph are all taxes,
17 fees, and charges applicable to a ticket for air trans18
portation, including—
19 ‘‘(A) all taxes, fees, charges, and sur20
charges included in the price paid by a pur21
chaser for the ticket, including fuel surcharges
22 and surcharges relating to peak or holiday trav23
el; and
24 ‘‘(B) any fees for checked baggage, seating
25 assignments, and optional in-flight goods and
4
CRA10412 S.L.C.
1 services, and other fees that may be charged
2 after the ticket is purchased.’’.
3 (c) RULEMAKING.—The Secretary of Transportation,
4 in consultation with the Administrator of the Federal
5 Aviation Administration, shall prescribe such regulations
6 as may be necessary to carry out section 41712(c) of title
7 49, United States Code, as added by subsection (b).
8 SEC. 3. FEES FOR CARRY-ON AND CHECKED BAGGAGE
9 TREATED AS PAID FOR TAXABLE TRANSPOR10
TATION.
11 (a) IN GENERAL.—Section 4261(e) of the Internal
12 Revenue Code of 1986 is amended by adding at the end
13 the following:
14 ‘‘(6) AMOUNTS PAID FOR CARRY-ON OR
15 CHECKED BAGGAGE.—Any amount paid by an air16
line passenger to check baggage for transit on the
17 aircraft carrying such passenger or to personally
18 carry baggage into the cabin or overhead storage
19 compartments of the aircraft carrying such pas20
senger shall be treated for purposes of subsection (a)
21 as an amount paid for taxable transportation.’’.
22 (b) EFFECTIVE DATE.—The amendment may by this
23 section shall apply to transportation beginning on or after
24 the date of the enactment of this Act.
5
CRA10412 S.L.C.
1 SEC. 4. AUTHORITY OF AVIATION CONSUMER PROTECTION
2 DIVISION WITH RESPECT TO CLAIMS RELAT3
ING TO LOST AND STOLEN BAGGAGE.
4 (a) IN GENERAL.—The Assistant General Counsel
5 for Aviation Enforcement and Proceedings shall, acting
6 through the Aviation Consumer Protection Division, have
7 authority to carry out consumer protection compliance and
8 enforcement activities relating to claims by passengers
9 with respect to lost, stolen, and damaged baggage.
10 (b) RESPONSIBILITY OF DIVISION.—The Aviation
11 Consumer Protection Division shall also have authority to
12 do the following:
13 (1) INFORMATION COLLECTION.—Collect infor14
mation from each air carrier operating under part
15 121 of title 14, Code of Federal Regulations, with
16 respect to the air carrier’s procedures and perform17
ance relating to lost, stolen, and damaged baggage.
18 (2) PUBLICATION OF INFORMATION.—Make the
19 information collected pursuant to paragraph (1)
20 available to the public on the Department of Trans21
portation website.

Airline Baggage Transparency and Accountability Act

For Immediate Release Contact: Kate Hanni (707)337-0328
August 3, 2010
FlyersRights Lauds Introduction of Webb Bill to Address Runaway Fees Charged to Passengers
Measure would Bring Much Needed Fairness, Clarity for Consumers

Napa, CA (July 13, 2010)—Flyersrights.org, the nation’s leading voice for airline passengers, praised a bill introduced today by Senator Jim Webb (D-VA) entitled “The Airline Baggage Transparency and Accountability Act.” The bill would establish rules to assist consumers to compare airfares and other costs applicable to tickets for air transportation and would require airlines to pay taxes on such fees to fund modernization and maintenance of the U.S. Air Transport System.

“One of the main reasons airlines have made our skies the Land of the Fee, by imposing so many fees on passengers to pad their bottom line, is that they have not had to pay taxes into the Aviation Trust fund for them as they do with other revenue,” said Kate Hanni, Founder and Executive Director of FlyersRights.org. “By closing this loophole the airlines will likely reevaluate how many fees they impose on us, and when they do at least a percentage will be going to improve and maintain our aviation system.”

The bill creates transparency by providing that any fees for checked baggage, seating assignments, and optional in-flight goods and services, and other fees that may be charged after the ticket is purchased will have to be displayed to ensure that all consumers are able to easily and fairly compare airfares and other costs. Additionally, Carry-on and Checked Baggage fees will now be considered as an amount paid for taxable transportation.

“For years the airlines have not been required to fully and plainly disclose what the true total cost of a flight is including all the fees and extra charges, keeping passengers in the dark and distorting the marketplace,” added Hanni. “The Webb bill also brings needed clarity for passengers on fees as they make their choices for air travel and brings the airline sector into line with recent efforts requiring full and fair disclosure by credit card companies to consumers about fees.”

For more about FlyersRights ongoing fight to protect consumers go to: www.flyersrights.org.