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A federal appeals court has vacated a Biden administration rule that would have required airlines and ticket agents to disclose baggage, change and other ancillary fees upfront during booking.
In an en banc decision issued Feb. 3, 2026, the U.S. Court of Appeals for the Fifth Circuit in New Orleans found the Department of Transportation violated the Administrative Procedure Act by failing to give the public a chance to comment on a study relied on in its cost‑benefit analysis.
The rule, issued in April 2024, was challenged in May 2024 by trade groups including Airlines for America and IATA and six U.S. carriers; the Fifth Circuit had stayed the rule in July 2024 so it never took effect.
The en banc court reversed a January 2025 three‑judge panel decision and vacated the regulation in full, saying the procedural defect undermined the entire rulemaking.
The DOT said it was pleased with the outcome, as did Airlines for America.
Travel agent group ASTA supported the transparency aim but had opposed some offline disclosure requirements for advisors.
🔗 Based On
Travel Weekly | Voice of the Travel Industry, Hotels & DestinationsFederal appeals court throws out Biden's airline fee disclosure ruleThe court ruled that Biden's DOT failed to comply with public-comment requirements.
Travel Weekly | Voice of the Travel Industry, Hotels & DestinationsFederal appeals court vacates Biden's airline fee disclosure ruleThe court ruled that Biden's DOT failed to comply with public-comment requirements.













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