[Federal Register Volume 75, Number 148 (Tuesday, August 3, 2010)]
[Proposed Rules]
[Pages 45562-45563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19123]
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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),
[email protected] or [email protected] (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]
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