Appellate Court Returns Flight Fee Disclosure Rule for DOT Redo

American Airlines and other carriers convinced the Fifth Circuit Tuesday that the US Transportation Department must provide a fresh opportunity to comment on a rule requiring up-front fee disclosures.

The agency exceeded its statutory authority when issuing final rules to disclose certain fees upfront when potential customers search for itineraries because it didn’t give airlines an opportunity to comment on the data justifying the rule, the court said. Airlines must now get a chance to comment on the new data before the rule can potentially take effect, the US Court of Appeals for the Fifth Circuit said.

The proposed ...