The U.S. Fifth Circuit Court of Appeals on Tuesday remanded the U.S. Department of Transportation rule that would require U.S. airlines to disclose certain fees up front back to DOT because the agency "failed to fully comply with the requirements of the [Administrative Procedure Act]," according to a court filing.
The agency in establishing the rule relied on cost-benefit data from a study that was not available during the notice-and-comment period, according to the ruling.
DOT in April 2024 issued its final rule on the fare disclosure. Lobbying group Airlines for America, along with six carriers and the International Air Transport Association, in May sued DOT over the rule. Circuit judges in July granted a temporary stay of the rule.
The judges saw "no need to vacate" the rule at this time, and it shall "remain stayed" until DOT allows for the petitioners to comment on the new data.