DOT’s Rulemaking Is a Step Toward Reregulation

DOT’s Notice of Proposed Rulemaking (NPRM) purports to expand upon prior consumer protection initiatives. While it is true that the NPRM contains some provisions that would merely expand upon existing regulatory requirements (e.g., requiring the code-share affiliates of mainline carriers to report on their on-time performance, oversales, and other metrics), others represent a significant departure from settled U.S. policy. Indeed, if made final, this proposal would mark a step toward the reregulation of air travel distribution services.