
[Federal Register: August 3, 2010 (Volume 75, Number 148)]
[Proposed Rules]               
[Page 45562-45563]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03au10-16]                         

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Parts 234, 244, 250, 253, 259, and 399

[Docket No. DOT-OST-2010-0140]
RIN No. 2105-AD92

 
Enhancing Airline Passenger Protections

AGENCY: Office of the Secretary (OST), Department of Transportation 
(DOT).

ACTION: Extension of comment period on proposed rule.

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SUMMARY: This action extends the comment period for an NPRM on 
enhancing airline passenger protections that was published in the 
Federal Register on June 8, 2010. The Department of Transportation is 
extending the period for interested persons to submit comments on this 
rulemaking from August 9, 2010, to September 23, 2010. This extension 
is a result of requests from a number of airline associations, one 
airport association, and two airlines to extend the comment period for 
the proposal.

DATES: Comments must be received by September 23, 2010. Comments 
received after this date will be considered to the extent practicable.

ADDRESSES: You may file comments identified by the docket number DOT-
OST-2010-0140 by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov and follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Ave., SE., Room W12-140, Washington, DC 
20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Ave., SE., between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal Holidays.
     Fax: (202) 493-2251.
    Instructions: You must include the agency name and docket number 
DOT-OST-2010-0140 or the Regulatory Identification Number, RIN No. 
2105-AD92, for the rulemaking at the beginning of your comment. All 
comments received will be posted without change to http://
www.regulations.gov, including any personal information provided.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received in any of our dockets by the name of the individual 
submitting the comment (or signing the comment if submitted on behalf 
of an association, a business, a labor union, etc.). You may review 
DOT's complete Privacy Act statement in the Federal Register published 
on April 11, 2000 (65 FR 19477-78), or you may visit http://
DocketsInfo.dot.gov.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov or to the street 
address listed above. Follow the online instructions for accessing the 
docket.

FOR FURTHER INFORMATION CONTACT: Blane A. Workie or Daeleen Chesley, 
Office of the Assistant General Counsel for Aviation Enforcement and 
Proceedings, U.S. Department of Transportation, 1200 New Jersey Ave., 
SE., Washington, DC 20590, 202-366-9342 (phone), 202-366-7152 (fax), 
blane.workie@dot.gov or daeleen.chesley@dot.gov (e-mail).

SUPPLEMENTARY INFORMATION: On June 8, 2010, the Department published a 
Notice of Proposed Rulemaking (NPRM) on enhancing airline passenger 
protections that proposed to improve the air travel environment for

[[Page 45563]]

consumers by: (1) Increasing the number of carriers that are required 
to adopt tarmac delay contingency plans and the airports at which they 
must adhere to the plan's terms; (2) increasing the number of carriers 
that are required to report tarmac delay information to the Department; 
(3) expanding the group of carriers that are required to adopt, follow, 
and audit customer service plans and establishing minimum standards for 
the subjects all carriers must cover in such plans; (4) requiring 
carriers to include their contingency plans and customer service plans 
in their contracts of carriage; (5) increasing the number of carriers 
that must respond to consumer complaints; (6) enhancing protections 
afforded passengers in oversales situations, including increasing the 
maximum denied boarding compensation airlines must pay to passengers 
bumped from flights; (7) strengthening, codifying and clarifying the 
Department's enforcement policies concerning air transportation price 
advertising practices; (8) requiring carriers to notify consumers of 
optional fees related to air transportation and of increases in baggage 
fees; (9) prohibiting post-purchase price increases; (10) requiring 
carriers to provide passengers timely notice of flight status changes 
such as delays and cancellations; (11) prohibiting carriers from 
imposing unfair contract of carriage choice-of-forum provisions; and 
(12) soliciting comments on options to provide greater access to air 
travel for persons with peanut allergies. See 75 FR 32318 (June 8, 
2010). Comments on the matters proposed were to be received 60 days 
after publication of the NPRM, or by August 9, 2010.
    We received requests for an extension of time in the comment period 
for this rulemaking by the Airport Council International (ACI), 
Association of Asia Pacific Airlines (AAPA), Association of European 
Airlines (AEA), Latin American & Caribbean Air Transport Association 
(ALTA), National Airlines Council of Canada (NACC), International Air 
Carrier Association (IACA), International Air Transport Association 
(IATA) and Societe Air France & KLM Royal Dutch. We also received a 
joint statement in support of IATA's request for an extension of the 
comment period by the Air Transport Association (ATA), Regional Airline 
Association (RAA) and Air Carrier Association of America (ACAA). 
According to these requests, the extension of time is needed so the 
airlines have sufficient time to review and comment on the extensive 
and complex proposed rule. More specifically, the petitioners note, 
among other things, the need to consult with multiple offices on the 
cost, timing and feasibility of the proposals, the need to analyze any 
international law implications, the need to evaluate and respond to the 
preliminary regulatory analysis, the need to coordinate and assess 
several areas addressed in this proposal against other U.S. Government 
proposals or requirements, the need to understand the implications in 
this proposal considering its breadth, and the need to address the 
various specific issues discussed in the preamble on which comments are 
sought but for which there is no corresponding proposed regulatory 
text. Most of the petitioners requested an additional 60 days time, a 
few requested an additional 90 days time, and one supported an 
additional 30 days time.
    While we concur with the requests for an extension of the comment 
period, we believe that a 90-day or 60-day extension would be 
excessive. We have decided to grant an extension of 45 days, or until 
September 23, 2010, for the public to comment on the NPRM. In doing so, 
we have balanced the stated need for additional time for comments with 
the need to proceed expeditiously with this important rulemaking. We 
take note of the fact that with the additional 45 days we are granting 
here, interested parties will have a total of 105 days to comment on 
the proposals, which we believe is adequate time for analysis and 
coordination regarding the proposals. Accordingly, the Department finds 
that good cause exists to extend the time for comments on the proposed 
rule from August 9, 2010, to September 23, 2010. We do not anticipate 
any further extension of the comment period for this rulemaking.

    Issued this 29th day of July, 2010, in Washington, DC under 
authority assigned to me by 14 CFR 385.17(c).
Neil R. Eisner,
Assistant General Counsel, Office of Regulation and Enforcement, U.S. 
Department of Transportation.
[FR Doc. 2010-19123 Filed 8-2-10; 8:45 am]
BILLING CODE 4910-9X-P

