REPLY COMMENTS OF DO NALD L. PEVSNER, Esq.:

COMES NOW Donald L. Pevsner, Esq., pro bono publico , and files these Reply Comments to the Request For An Exemption filed by JetBlue Airways Corporation in this Docket on March 4, 2010, which was later seconded by Delta Air

Lines, Inc.:

(1)JetBlue Airways Corporation and Delta Air Lines, Inc. are requesting an exemption from the requirements of 14 C.F.R.# 259.4, and specifically subsections #259.4(b)(1) and (b)(2) thereof, which would otherwise impose severe financial penalties upon these air carriers for keeping their passengers on board their aircraft at JFK International Airport, New York, New York, for more than three (3) hours during the multi-month time period for closure of Runway 31L/13R at JFK during CY2010.

(2)There is no rational reason why an exemption of any sort should be granted by DOT that would permit the stranding of any airline passenger on an airport tarmac for a period of more than three (3) hours, for any reason whatsoever. Indeed, if a lleged "JFK gridlock" should ever transpire, the passengers could easily be removed by bus transp ort for movement back to their departing terminals while leaving the "gridlocked" aircraft where they are on the taxiways, and untangling any su ch mess at a later time without passengers forced to remain on board. Further, a period of three (3) hours for such tarmac strandings without imposition of the heavy financial penalties specified in 14 C.F.R. #259.4 is already far too liberal in favor of the airline industry: doubtless a direct result of thei r well-heeled lobbying efforts in Congress.

(3)JetBlue Airways Corporation, in particular, needs to get its proverbial act together as to its present failure to adjust to the new status quo for its online connections at JFK Terminal 5. Spec ifically, this commenter was stranded overnight at Burlington, Vermont Airport by JetBlue on Sunday, Ma rch 7, 2010. Its scheduled Flight #55, a 7:00PM departure fom BTV to JFK, was held at the BTV gate as a result of a 7:00PM ATC communication closing JFK to arriving flights for a lengthy period due to " heavy departing traffic at JFK". This flight did not actually depart BTV for JFK until after 9:15PM. My connecting flight, JetBlue Flight #1087, was scheduled to depart JFK for CLT at 9:45PM. At about 9:00PM, a P.A. announcement was made on board the aircraft, advising that "passengers conne cting to Charlotte (CLT) and Raleigh (RDU) will miss their JFK onward connecting flights, and should deplane here." On arrival at the gate podium, about 8 passengers were advised that an ov ernight stay at a BTV-area motel would be at their own expense (my room cost me $69.30), and that onw ard flights would have to be reb ooked for Monday, March 8. The lead JetBlue gate agent "blamed JFK" for the problem, and us ed this "justification" to deny all of the stranded passengers an airline-paid motel voucher. When seve ral passengers voiced their indignation, including this commenter, this gate agent "pushed the panic bu tton" and actually summoned the Burlington Police Department as JetBlue's ultimate "solution" to this fiasco: directly caused by its own minimum-connectingtime scheduling incompetence and negligence. Furthe r, only a handful of seats remained on the next, 6:00AM JetBlue departure for JFK on Monday, March 8. It does not take a rocket scientist to realize that a scheduled arrival into JFK at 8:34PM falls right in the middle of the peak departure period for Europeanbound flights of 6:00-10:00PM. JetBlue's failure to adjust its minimum connecting times at JFK to a problem with which it has been intimately familiar for many months is a scandal that must be cured by the Department at the earliest possible moment, with fi nes and/or other penalties imposed for this carrier's total disregard of its connecting passengers' well-being on point.

****(4)The Department is hereby requested to make an immediate study of departure delays that are currently being caused by the above-described runway closure situation at JFK. Then, on an emergency basis, it must immediately impose the mandatory l engthening of "Mininum Connecting Times" for all departing flights--both domestic and in ternational--at JFK that are ca using passenger strandings upline, or at JFK itself, with severe financial penalties imposed on any air carrier or foreign air carrier that does not comply with such amended Regulation in this Docket or in a new, additional curative Docket that will eliminate this gross threat to millions of affe cted online and offline conne cting passengers for the remainder of the runway closure period at JFK.(5)For the purposes of such further, amendator y regulation, on an emergency basis, "Minimum Connecting Times" are present in t he reservations-system computers of every air carrier and foreign air carrier. It is a relatively simple matter, further, for the carriers to re-program their computers to designate connections shorter than newly-lengthened connections as so-called "illegal connections", so that such stranding-prone prior connections could no longer be ticketed per se online by either the carriers or the major travel-agent CRS systems.

WHEREFORE I have set my hand and seal on this eleventh day of March, 2010.

_____________________/s/________________________(Seal)

DONALD L. PEVSNER Attorney-at-Law [ pro bono publico ] 2010 Valle Cay Drive Vilas, NC 28692 TEL.: (828)297-7823 FAX.: (828)297-7824

EMAIL: DonPevsner@aol.com