DOT resets airline ancillary-fee disclosures after Fifth Circuit vacatur

The U.S. Department of Transportation (DOT) issued a final rule on July 2, 2026 that resets how airlines and ticket agents must disclose add-on (“ancillary”) fees during the booking flow.

The change implements a Feb. 3, 2026 decision by the U.S. Court of Appeals for the Fifth Circuit that vacated DOT’s 2024 ancillary-fee transparency rule—meaning DOT is restoring the disclosure framework that existed before the vacated 2024 requirements.

What DOT finalized on July 2, 2026

DOT’s final rule, “Increasing Flexibility on Disclosure of Airline Ancillary Fees,” is effective July 2, 2026. DOT describes the purpose as implementing the court vacatur by revising the Code of Federal Regulations (CFR) to restore the earlier ancillary-fee disclosure standards.

Why the change happened: the Fifth Circuit vacated DOT’s 2024 rules

On Feb. 3, 2026, the Fifth Circuit vacated DOT’s 2024 rule on airline ancillary-fee transparency. The court’s decision turned on an Administrative Procedure Act notice-and-comment issue tied to how DOT used a study when developing the 2024 regulation.

With that 2024 rule vacated, DOT’s July 2, 2026 action revises the CFR so the prior disclosure baseline can control again for compliance purposes.

What’s reinstated: the pre-2024 (2011-framework) disclosure approach

DOT says the restored framework returns to a structure it describes as established by a 2011 rule. In practical terms, DOT emphasizes that consumers should encounter certain baggage and ancillary-fee information at key points in the booking experience, and that airlines also must handle fee disclosures on their websites.

• Homepage notice for certain baggage changes: DOT requires airlines to post notice on their homepages for a period specified in the rule when baggage fees increase or baggage allowances change.
• First fare-screen notice: DOT says airlines and ticket agents must show a notice on the first screen where fare and schedule information appears, alerting consumers that additional baggage fees may apply and pointing them to where those fees are disclosed.
• E-ticket confirmation disclosures: DOT says ticket agents (and airlines through ticket-agent processes) must include disclosures on e-ticket confirmations about free baggage allowances and applicable fees for key baggage items.
• A centralized fee location on airline websites: DOT requires airlines to disclose ancillary-service fees in one central place on the airline’s website, with DOT describing that non-baggage fees may be expressed as ranges.

What DOT removed: vacated 2024 “critical ancillary fee” display requirements

DOT’s July 2 rule removes provisions that were introduced in the vacated 2024 regulation and that directed how/where “critical ancillary service fees” had to appear during the earliest itinerary-search stages—before purchase.

That means the ordering and prominence of ancillary-fee information in booking flows may look different than it did under the vacated 2024 standard, particularly at the first itinerary-search screen.

Who needs to act next: airlines and ticket agents

Because DOT is restoring the CFR baseline, airlines and ticket agents should plan to update booking/confirmation interfaces and fee-display locations to match the reinstated requirements.

What to watch from DOT (and the courts) next is whether further litigation continues after this regulatory reset. For enforcement timing, DOT does not lay out a separate phased schedule in the materials referenced here—so carriers are generally expected to comply with the restored CFR requirements once the CFR changes take effect.

What passengers should do now

If you’re booking with checked bags, planning possible itinerary changes, or comparing “base fare” options, check ancillary terms early in the booking flow—then verify again on the e-ticket confirmation screen.

Sources

• DOT’s Federal Register final rule (FR Doc. 2026-13450)
• Fifth Circuit opinion vacating the 2024 rule (Feb. 3, 2026)
• DOT Air Travel Consumer “What’s New” update