Federal · DOT final rule, 14 CFR 399.85
Airline bag and change fees: DOT removes the 2024 up-front fee display rule and restores the 2011 disclosure rules
Effective July 2, 2026
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The short version
- A U.S. Department of Transportation final rule, effective July 2, 2026, removes the 2024 rule that would have required airlines and ticket sites to show bag, change and cancellation fees the first time a fare appears in a search.
- DOT says the federal Fifth Circuit appeals court vacated the 2024 rule on February 3, 2026, for a notice-and-comment problem, which legally reinstated the earlier 2011 rules.
- Under the restored 2011 rules, the first screen showing a fare must say that additional baggage fees may apply and where to find them. Airlines must post bag fee increases on their homepage for three months, and all ancillary fees must be listed in one place on the airline's website.
- Your e-ticket confirmation must still show your free bag allowance and the fees for a first and second checked bag and a carry-on.
- Status
- Final rule published and effective July 2, 2026.
- Official source
- Federal Register, 91 FR 40368 (July 2, 2026), FR Doc. 2026-13450, "Increasing Flexibility on Disclosure of Airline Ancillary Fees"
What it does
“Ancillary services” are extras that used to be part of the base fare, such as checked and carry-on bags, ticket changes and cancellations, seat selection and inflight food. (Final rule, footnote 7)
- Removes the 2024 rule. The 2024 rule would have required “critical ancillary service fees,” meaning the first and second checked bag, a carry-on and ticket changes or cancellations, to be shown the first time fare and schedule information appears after a search. It also required a notice that a seat is included in the fare. This final rule takes those requirements out of 14 CFR 399.85. (Final rule, sections I.C and I.F.1)
- Restores the 2011 rules. Airlines must (1) disclose on their homepages, for at least three months, any increase in baggage fees or change in baggage allowances. (2) Airlines and ticket agents must say, on the first screen where a fare is shown, that additional baggage fees may apply and how to see them. (3) E-ticket confirmations must list free baggage allowances and the fees for the first and second checked bag and a carry-on. (4) Airlines must list all ancillary fees in one central place on their website, and non-baggage fees may be shown as ranges. (Final rule, section I.B)
Why DOT made the change
On February 3, 2026, the full U.S. Court of Appeals for the Fifth Circuit vacated the 2024 rule. The court found that DOT violated the Administrative Procedure Act by not letting the public comment on a study it relied on. DOT says the court did not rule on the scope of DOT’s authority, and that the vacatur “has the legal effect of reinstating the rules previously in force,” the 2011 rule. DOT says this action only conforms the CFR to the decision, so it skipped public comment. (Final rule, sections I.A and I.E; Airlines for Am. v. U.S. Dep’t of Transp., 166 F.4th 487 (5th Cir. 2026) (en banc))
Who it affects
Air travelers booking online, including South Carolinians flying from CHS, GSP, CAE or MYR, along with airlines and ticket agents such as online travel sites. (Final rule)
What it means for you
When you search for flights, the fare you first see may not include bag or change fees. Look for the notice that baggage fees may apply and follow the link to the airline’s fee page. Then check your e-ticket confirmation for your bag allowance and fees. (Final rule, section I.B)
Current status
In effect since July 2, 2026. (Final rule, “Dates”)
Sources
- Federal Register: “Increasing Flexibility on Disclosure of Airline Ancillary Fees,” final rule, FR Doc. 2026-13450 (July 2, 2026)
- U.S. DOT Aviation Consumer Protection
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Every statement above is drawn from the official source text linked here; section references are shown in grey. This is a plain-English summary, not legal advice. Spot an error? Tell us.