This site displays a prototype of a “Web 2.0” version of the daily Federal Register. It is not an official legal edition of the Federal Register, and does not replace the official print version or the official electronic version on GPO’s govinfo.gov.
The documents posted on this site are XML renditions of published Federal Register documents. Each document posted on the site includes a link to the corresponding official PDF file on govinfo.gov. This prototype edition of the daily Federal Register on FederalRegister.gov will remain an unofficial informational resource until the Administrative Committee of the Federal Register (ACFR) issues a regulation granting it official legal status. For complete information about, and access to, our official publications and services, go to About the Federal Register on NARA's archives.gov.
The OFR/GPO partnership is committed to presenting accurate and reliable regulatory information on FederalRegister.gov with the objective of establishing the XML-based Federal Register as an ACFR-sanctioned publication in the future. While every effort has been made to ensure that the material on FederalRegister.gov is accurately displayed, consistent with the official SGML-based PDF version on govinfo.gov, those relying on it for legal research should verify their results against an official edition of the Federal Register. Until the ACFR grants it official status, the XML rendition of the daily Federal Register on FederalRegister.gov does not provide legal notice to the public or judicial notice to the courts.
FederalRegister.gov retrieves relevant information about this document from Regulations.gov to provide users with additional context. This information is not part of the official Federal Register document.
Office of the Secretary, Department of Transportation.
Notice and request for comments.
In accordance with the Paperwork Reduction Act of 1995, as amended, this notice announces the intention of the U.S. Department of Transportation to amend and to renew Office of Management and Budget Control Number 2105-0588. The information collection pertains to consumer disclosure requirements regarding airline baggage fees and other optional service fees. These requirements apply to U.S. and foreign air carriers, as well as ticket agents, and are codified at 14 CFR 399.85.
Comments on this notice must be received by September 14, 2026. Interested persons are invited to submit comments regarding this proposal.
To ensure that you do not duplicate your docket submissions, please submit them by only one of the following means:
Heather Filemyr or Ryan Patanaphan, Office of the Secretary, Office of Aviation Consumer Protection (C-70), U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, at heather.filemyr@dot.gov or ryan.patanaphan@dot.gov (email). You may contact the above-named individuals to arrange to receive this document in an alternative format.
Title: Increasing Flexibility on Disclosure of Airline Ancillary Fees.
OMB Control Number: 2105-0588.
Abstract: This information collection request seeks to amend Office of Management and Budget (OMB) Control Number 2105-0588, consistent with the requirements of 14 CFR 399.85, as amended by the 2026 final rule of the U.S. Department of Transportation (DOT or Department) titled “Increasing Flexibility on Disclosure of Airline Ancillary Fees” (2026 Rule). In 2024, the Department issued a final rule titled “Enhancing Transparency of Airline Ancillary Service Fees,” which was subsequently vacated by the U.S. Court of Appeals for the Fifth Circuit in 2026. Because the legal effect of the court's decision was to reinstate the rules previously in force, the Department issued the 2026 Rule, which returned 14 CFR 399.85 to the standards established in 2011. This information collection request seeks to amend OMB Control Number 2105-0588 to reflect the requirements in 14 CFR 399.85, as amended.
A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by OMB under the Paperwork Reduction Act and displays a currently valid OMB Control Number.
This notice addresses five information collection requirements set forth in 14 CFR 399.85 as revised by the 2026 Rule:
1. Requirement to disclose changes in baggage fees and allowances on carrier website homepages (14 CFR 399.85(a)).
Title: Posting Changes to Baggage Fees and Allowances on Airline websites.
Description: U.S. and foreign air carriers with a website accessible for ticket purchases by the general public in the United States must promptly and prominently disclose any increase in fees for a carry-on bag or a first or second checked bag, and any change in bag allowances, on their homepages. The notice must remain on the homepage for at least three months after the change becomes effective.
Respondents: U.S. and foreign air carriers with a website accessible for ticket purchases by the general public in the U.S.
Estimated Number of Respondents: We estimate that as many as 275 U.S. air carriers and foreign air carriers may be impacted by this requirement. This estimate is based on the number of firms in NAICS Code 481111, which includes both U.S. and Foreign Carriers ( Source: U.S. Census Bureau, 2022 Economic Census).
Estimated Burden on Respondents: Approximately 10 hours per respondent. Our estimate is based on the following information and assumptions: the primary costs to respondents for the disclosure requirement would arise from programming, data management, website modification, and other related costs to carriers to display the required baggage fee and policy changes. As carriers generally appear to revise their baggage fees and allowances up to one time each year, the Department expects that this proposed information collection would incur a cost of implementation at most one time each year and then a smaller cost for maintaining these displays for at least three months.
Estimated Total Annual Burden: Approximately 2,750 hours for all respondents (U.S. and foreign air carriers). Based on an estimated mean hourly wage of $69.50 for software developers,[1] this results in a total annual cost of $191,125.
Frequency: Up to one time each year, with maintenance costs incurred for a minimum of three months.
2. Requirement to display notice that baggage fees may apply on the first fare quotation screen (14 CFR 399.85(b)).
Title: Posting of Notice that Baggage Fees May Apply and Where to Find Them.
Description: U.S. carriers, foreign air carriers, agents of either, and ticket agents with a website accessible for ticket purchases by the U.S. general public must clearly and prominently disclose on the first screen offering a fare quotation for a specific itinerary that additional airline fees for baggage may apply and where consumers can see these fees. Ticket agents may refer consumers to the airline's website or to their own site if it displays airlines' baggage fees.
Respondents: U.S. and foreign air carriers and ticket agents with websites accessible for ticket purchases by the general public in the United States.
Estimated Number of Respondents: We estimate that as many as 275 U.S. air carriers and foreign air carriers and as many as 7,567 ticket agents would be impacted by this information collection. Our estimate is based on the following information and assumptions: Ticket agents include OTAs, brick-and-mortar travel agencies, and tour operators that market airline tickets. We based the number of ticket agents on data from NAICS codes 561510 and 561520 ( Source: U.S. Census Bureau, 2022 Economic Census),[2] though this is likely a significant overestimate of the number of affected ticket agents because not all of those entities market air transportation online to consumers in the United States.
Estimated Burden on Respondents: Approximately 25 hours per respondent. The primary costs to respondents would arise from the design and programming of booking systems on their websites to display a notice that bag fees may apply, which is primarily static, and then a disclosure on where consumers can find information on bag fees. This collection would not require the creation of new websites or online booking systems by regulated entities that did not already maintain such systems for the purpose of selling air transportation.
Estimated Total Annual Burden: This information collection would result in an estimated annual burden of 196,050 hours (based on an assumption of 6,875 hours for carriers and 189,175 hours for ticket agents). Based on an estimated mean hourly wage of $69.50 for software developers,[3] this results in a total ( printed page 43451) annual cost of $13,625,475 ($477,812.50 for carriers and $13,147,662.50 for ticket agents).
Frequency: Disclosure required the first time a carrier or ticket agent displays a fare quotation for a specific itinerary on its website.
3. Requirement to disclose baggage fees and allowances on e-ticket confirmations (14 CFR 399.85(c)).
Title: Disclosing Baggage Fees and Allowances on E-Ticket Confirmations.
Description: On all e-ticket confirmations for air transportation within, to, or from the United States (including the post-purchase summary page and email), carriers and ticket agents must include information regarding the passenger's free baggage allowance or the specific fee for a carry-on bag and the first and second checked bag, as applicable. Carriers must provide this in text form. Ticket agents may provide this information in text form or through a hyperlink to the specific location on airline websites or their own website where this information is displayed.
Respondents: U.S. and foreign air carriers and ticket agents with websites accessible for ticket purchases by the general public in the United States.
Estimated Number of Respondents: We estimate that as many as 275 U.S. air carriers and foreign air carriers and as many as 7,567 ticket agents would be impacted by this information collection. For the reasons previously discussed, this is likely a significant overestimate of the number of ticket agents.
Estimated Burden on Respondents: Approximately 15 hours per respondent. The primary costs to carriers and ticket agents would arise from the design, and programming of booking systems to provide disclosure of the passenger's free baggage allowance and/or the applicable specific fee for a carry-on bag and the first and second checked bag, which airlines must provide in text form and ticket agents may provide either in text form or through a hyperlink.
Estimated Total Annual Burden: This information collection would result in an estimated annual burden of 117,630 hours (based on an assumption of 4,125 hours for carriers and 113,505 hours for ticket agents). Based on an estimated mean hourly wage of $69.50 for software developers,[4] this results in a total annual cost of $8,175,285 ($286,687.50 for carriers and $7,888,597.50 for ticket agents).
Frequency: Disclosure required on each e-ticket confirmation.
4. Requirement to disclose all optional service fees centrally on carrier websites (14 CFR 399.85(d)).
Title: Disclosure of All Optional Service Fees.
Description: U.S. and foreign air carriers must prominently disclose on their websites information on fees for all optional services available to a passenger. These carriers must also provide a conspicuous link from the carrier's homepage directly to a page where all such optional services and fees are disclosed. Non-baggage fees may be expressed as ranges, but baggage fees must be disclosed as specific charges.
Respondents: U.S. and foreign air carriers with websites accessible for ticket purchases by the general public in the United States.
Number of Respondents: We estimate that as many as 275 U.S. air carriers and foreign air carriers would be impacted by this information collection.
Estimated Annual Burden on Respondents: Approximately 30 hours per respondent. The primary costs to carriers would arise from the design and programming of carrier websites to include a page where the carrier discloses all optional services and a conspicuous link from the carrier's homepage to that optional service fee page. The Department expects that carriers would also incur costs to update the optional service fee page when a fee changes, estimated at approximately three times per year. Carriers would also incur a smaller cost for maintaining these displays.
Estimated Total Annual Burden: This information collection would result in an estimated annual burden of 8,250 hours for carriers. Based on an estimated mean hourly wage of $69.50 for software developers,[5] this results in a total annual cost of $573,375 for carriers.
Frequency: Updated each time the airline changes the fee for an ancillary service, estimated at approximately three times each year, with some ongoing maintenance required.
5. Requirement to disclose codeshare optional service and fee differences (14 CFR 399.85(e)).
Title: Disclosing Optional Service Fee Differences for Codeshare Flights.
Description: A carrier marketing a code-share flight must disclose on its website any differences between its optional services and related fees and those of the carrier operating the flight. This may be done via a conspicuous notice of the differences or a hyperlink taking the reader directly to the operating carrier's fee listing or to a page on the marketing carrier's website that lists the differences.
Respondents: U.S. and foreign air carriers marketing code-share flights.
Number of Respondents: We estimate that as many as 275 U.S. air carriers and foreign air carriers would be impacted by this information collection. This is likely a significant overestimate because not all of those carriers market codeshare flights.
Estimated Annual Burden on Respondents: Approximately 10 hours per respondent. The primary costs to carriers would arise from the design and programming of carrier websites to include a page where a carrier that markets code-share flights discloses any differences between its optional services and related fees and those of the carrier operating the flight. The Department also estimates that carriers would update the fees displayed once per year and would also incur a smaller cost for maintaining these displays.
Estimated Total Annual Burden: Approximately 2,750 hours for all respondents (U.S. and foreign air carriers). Based on an estimated mean hourly wage of $69.50 for software developers,[6] this results in a total annual cost of $191,125.
Frequency: Updated approximately one time each year with some ongoing maintenance required.
We invite comments on: (a) whether the collection of information is necessary for the proper performance of the functions of DOT; (b) the accuracy of DOT's estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents. All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record on the docket.
Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1.26, 1.27, 1.48, and 1.49; DOT Order 1351.29A.
Issued in Washington, DC.
Livaughn Chapman, Jr.
Deputy Assistant General Counsel, Office of Aviation Consumer Protection.
2. See counts of firms in NAICS codes 561510 and 561520 that operated for the entire year, available at https://data.census.gov/table/ECNSIZE2022.EC2200SIZEEMPFIRM?q=economic+census+by+naics+code+2022+firms&codeset=naics~5615:561510:561520.
Back to Citation[FR Doc. 2026-14209 Filed 7-14-26; 8:45 am]
BILLING CODE 4910-9X-P
2 comments have been received at Regulations.gov.
Agencies review all submissions and may choose to redact, or withhold, certain submissions (or portions thereof). Submitted comments may not be available to be read until the agency has approved them.