[Federal Register Volume 85, Number 87 (Tuesday, May 5, 2020)]
[Proposed Rules]
[Pages 26633-26634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08996]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 399

[Docket No. DOT-OST-2019-0182]
RIN 2105-AE72


Defining Unfair or Deceptive Practices

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

ACTION: Grant of request for extension of comment period.

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SUMMARY: On February 28, 2020, the U.S. Department of Transportation 
(Department or DOT) published in the Federal Register a Notice of 
Proposed Rulemaking (NPRM) on Defining Unfair or Deceptive Practices. 
The NPRM provided a 60-day comment period that was set to close on 
April 28, 2020. Nine consumer organizations asked the Department to 
extend the comment period on the NPRM. To allow interested persons more 
time to submit their comments, the Department has determined that an 
extension of the comment period for an additional 30 days is 
appropriate.

DATES: The comment period for the NPRM, published February 28, 2020 (85 
FR 11881), on Defining Unfair or Deceptive Practices is extended to May 
28, 2020.

ADDRESSES: You may review the request to extend the public comment 
period and other comments received under Docket Number OST 2019-0182 
through the Federal eRulemaking Portal at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Robert Gorman, Senior Attorney, Office 
of Aviation Enforcement and Proceedings, U.S. Department of 
Transportation, 1200 New Jersey Ave. SE, Washington, DC 20590, 202-366-
9342, 202-366-7152 (fax), robert.gorman@dot.gov (email). You may also 
contact Blane Workie, Assistant General Counsel, Office of Aviation 
Enforcement and Proceedings, Department of Transportation, 1200 New 
Jersey Ave. SE, Washington, DC 20590, 202-366-9342, 202-366-7152 (fax), 
blane.workie@dot.gov.

[[Page 26634]]


SUPPLEMENTARY INFORMATION: On February 20, 2020, the Department 
announced the issuance of the NPRM on Defining Unfair or Deceptive 
Practices and placed a copy of the NPRM on the Department's website at 
https://www.transportation.gov/airconsumer/latest-news and on the 
Federal eRulemaking Portal at http://www.regulations.gov. On February 
28, 2020, the NPRM was published in the Federal Register, and 
interested parties were asked to provide comments on or before April 
28, 2020. The NPRM also stated that late-filed comments will be 
considered to the extent practicable.
    The NPRM on Defining Unfair or Deceptive Practices is intended to 
provide greater clarity and certainty about the Department's 
interpretation of unfair or deceptive practices in the context of 
aviation consumer protection rulemaking and enforcement actions. By 
written request, filed April 10, 2020, the National Consumers League, 
along with eight other consumer advocacy organizations,\1\ asked the 
Department to extend the comment period on the NPRM until sixty days 
following the termination of the President's national emergency 
declaration with respect to the Coronavirus Disease 2019 (COVID-19). 
The advocates assert that the COVID-19 public health emergency has 
created difficulties for advocates in researching and coordinating 
their responses, and in contacting consumers to provide testimonials 
with respect to the NPRM.
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    \1\ In addition to the National Consumers League, the letter 
requesting an extension of the comment period was signed by Business 
Travel Coalition, Consumer Action, Consumer Federation of America, 
Consumer Reports, EdOnTravel.com, FlyersRights.org, Travel Fairness 
Now, and Travelers United.
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    Airlines for America (A4A) filed a letter in the docket opposing 
the request. A4A notes that the NPRM is deemed non-significant. A4A 
also states that because the NPRM was issued in late February, 
stakeholders have had adequate time to formulate a response.
    The Department has considered the request to extend the comment 
period on the NPRM beyond the published 60-day comment period 
carefully. Given the assertion from nine major consumer advocacy 
organizations that the COVID-19 public health emergency has made it 
difficult, if not impossible, for them to produce comments that would 
substantially add to the record of this rulemaking by April 28, 2020, 
and the low number of comments that the Department has received on this 
rulemaking to date, the Department believes it is appropriate to 
provide the public more time to submit comments on this rulemaking. 
However, the Department finds that extending the comment period to a 
date 60 days after the termination of the President's COVID-19 national 
emergency declaration may unduly delay the timely issuance of this 
priority rulemaking. Accordingly, the Department is extending the 
comment period for an additional 30 days to May 28, 2020, which should 
allow interested parties more time to prepare comments to the proposed 
rule without delaying the rulemaking. The Department will continue to 
consider late-filed comments to the extent practicable.

    Issued this 23rd day of April 2020, in Washington, DC, under 
authority delegated in 49 CFR 1.27(n).
Christina G. Aizcorbe,
Deputy General Counsel.
[FR Doc. 2020-08996 Filed 5-4-20; 8:45 am]
 BILLING CODE 4910-9X-P


