The Nickel Report

On July 1, 2026, the US Department of Transportation (DOT) issued a notice of proposed rulemaking (NPRM) to revamp its rules related to air fare advertising. Specifically, DOT proposes to amend its rules to allow air fare components to be displayed with the same prominence as the total air fare price; eliminate prescriptive advertising regulation stating that components or a fare may not be presented in the same or larger size as the total price; and rescind nine air fare price advertising guidance documents. DOT is accepting comment until July 31, 2026.

Background

In 2011, DOT issued a final rule that determined advertising the price of passenger air transportation, tour (i.e., combination of air transportation and ground or cruise accommodations), or tour component (e.g., hotel stay) was an unfair and deceptive practice, in violation of 49 U.S.C. § 41712, unless the price stated was the entire price to be paid by the customer, including taxes and fees (“Full Fare Rule”). See 76 Fed. Reg. 23,110 (Apr. 25, 2011). The Full Fare Rule allowed advertisers to display fare components separately only if the fare components were not false or misleading, displayed prominently, or presented in the same or larger size as the total price. See id. at 23,166.

Several airlines challenged the Full Fare Rule arguing that it was arbitrary and capricious and that it violated First Amendment commercial and political speech. See Spirit Airlines, Inc. v. U.S. Dep’t of Transp., 687 F.3d 403 (D.C. Cir. 2012). The court rejected the airlines’ arguments and upheld the rule.

Prominence of Fare Components

 Citing the “Doge” executive order issued at the beginning of the Trump administration and Loper Bright, DOT is proposing to amend, or alternatively rescind, the Full Fare Rule.¹

Specifically, DOT proposes to eliminate the current prominence and text limitations and instead establish a more limited rule, prohibiting any fare components from being displayed more prominently that the total price. This would allow fare components to be listed just as prominently and in the same text size as the total price.

DOT also proposes to rescind all price advertising guidance documents on its website due to age and inconsistency with DOT’s proposed rule.

This NPRM marks a departure from previous DOT aviation consumer protection objectives. Contact Brian Stansbury at bstansbury@hunton.com or Sadie Mapstone at smapstone@hunton.com with any questions about this NPRM or interest in submitting comments.

[1] See Executive Order (EO) 14219, Ensuring Lawful Governance and Implementing the President’s ‘Department of Government Efficiency’ Deregulatory Initiative, 90 Fed. Reg. 10583 (Feb. 19, 2025) (directing federal agencies to rescind regulations that raise constitutional issues); Loper Bright Enters. v. Raimondo, 603 U.S. 369 (2024) (overturning Chevron deference).