Increasing Flexibility on Disclosure of Airline Ancillary Fees
Key claim: DOT is issuing a final rule to restore pre-2024 airline ancillary fee disclosure regulations after the Fifth Circuit vacated the 2024 transparency rule, reverting to 2011 standards.
Abstract
(Rule · Transportation Department) The Department of Transportation (Department or DOT) is issuing this final rule to implement the Fifth Circuit’s vacatur of the Department’s 2024 Final Rule, Enhancing Transparency of Airline Ancillary Service Fees. Because the legal effect of the court’s decision is to reinstate the rules previously in force, this action revises the Code of Federal Regulations (CFR) to restore the Department’s regulations on the disclosure of fees for ancillary services as they existed before publication of the 2024 Rule, returning to the standards established in a rule issued in 2011.
Why this matters
Ancillary fees now make up a significant share of airline revenue, so disclosure timing and format directly affect what price consumers see when comparing tickets. Reverting to 2011-era standards means fees need not be shown alongside base fares at the point of search, changing the practical shopping experience. The action also illustrates how court vacaturs cascade into administrative rulemaking to formally restore prior regimes.