US proposes ban on airline fees for seating parents next to kids

FILE - A child plays with toys as his parents wait in the terminal waiting room at Denver International Airport in Denver, Colorado. (Photo by Robert Alexander/Getty Images)

A newly proposed rule by the U.S. Department of Transportation would ban airlines from charging parents fees to sit with their young children. 

U.S. and foreign airlines would be required to seat children ages 13 or younger next to a parent or accompanying adult for free, according to the proposed rule announced on Thursday by Transportation Secretary Pete Buttigieg. 

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Instead, the cost of family seating would be considered a "basic service" and be included in the regular ticket price, Buttigieg said.

If adjacent seats aren’t available when a parent books a flight, airlines would be required to let families choose between a full refund – or waiting to see if a seat opens up. If seats don’t become available before other passengers begin boarding, airlines must give families the option to rebook for free on the next flight with available adjacent seating.

"The idea that parents ought to be seated next to their own children on a flight is common sense," Buttigieg told reporters. "And also seems like something that ought to be standard practice. If you were flying with your child, you should expect to fly next to them."

The Biden administration estimates the rule could save a family of four as much as $200 in seat fees for a round trip. Airlines that do not honor the rule would be subject to fines, according to Buttigieg.

"Flying with children is already complicated enough without having to worry about that," Buttigieg said.

Airlines for America, a trade association representing the industry, said in a statement that airlines already make an effort to accommodate families.

"Each carrier has established individual policies, and all make every effort to ensure families sit together," the group said in a statement.

But Buttigieg said only four airlines – Alaska, American, Frontier and JetBlue – already guarantee that children ages 13 and under can sit next to an accompanying adult for free.

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Congress authorized the Department of Transportation to propose a rule banning family seating fees as part of the Federal Aviation Administration Reauthorization Act, which President Joe Biden signed in May.

The legislation also requires the Transportation Department to publish a "dashboard" so consumers can compare seat sizes on different airlines.

The department will take comments on the proposed family seating rule for the next 60 days before it crafts a final rule.

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Buttigieg said that the new rule is "part of the bigger picture of the Biden administration’s work to protect the rights of consumers, including airline passengers." 

In April, the Biden administration announced new rules requiring airlines to automatically issue cash refunds for canceled or delayed flights and to better disclose fees for baggage or cancellations.

Airlines sued and earlier this week, a three-judge panel on the 5th U.S. Circuit Court of Appeals temporarily blocked that rule from taking effect, ruling that it "likely exceeds" the agency's authority. The judges granted a request by airlines to halt the rule while their lawsuit plays out.

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Asked whether the family seating rule could face the same fate, Buttigieg noted that the Transportation Department also has the backing of Congress, which authorized the rule.

"Any rule we put forward, we are confident it is well-founded in our authorities," Buttigieg said during a conference call to discuss the family seating rule.

The Associated Press and FOX Business contributed to this report. It was reported from Cincinnati.