BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

------------------------------------------------------

In the matter of: :

:

Notice of Proposed Rulemaking :

Transparency of Airline Ancillary Fees : Docket No. DOT–OST–2014–0056

And Other Consumer Protection Issues :

------------------------------------------------------

REQUEST TO EXTEND THE PUBLIC COMMENT PERIOD

Airlines for America, the International Air Transportation Association and the Regional Airline 

Association on behalf of our members, have a strong interest in the proposed rule (published in 

the Federal Register at 79 FR 29970 on May 23, 2014) that proposes to change airline passenger 

protections. A 90-day comment period, closing August 21, 2014, has been provided. By this 

filing, we request that the Department extend the comment period an additional 90 days for the 

reasons explained below. 

The Department proposes to impose on U.S. and foreign carriers and ticket agents significant 

new regulations in addition to requesting information and views on dozens of topics that could 

materially alter the proposal. More time is needed to provide the Department with the extensive 

information it requests from the public and to develop informed opinions on the numerous 

questions and options the NPRM identifies. The breadth of this new proposal requires extensive 

carrier internal coordination to assess impact from customer service, website and internal 

program technologies, legal, marketing, and outside vendors. Ninety days is not a sufficient time 

period in which to collect the extensive amounts of data and information from all affected parties 

necessary to evaluate this proposal.

This proposal expands the regulated community and uniquely regulates industry relationships, 

requiring extensive coordination and analysis. For instance, the proposal expands the definition 

of tickets agents, expands the universe of reporting carriers, and imposes new ticket agent 

customer service standards. The proposal also will impact the relationships between carriers, 

ticket agents, intermediaries and codeshare partners. Assessing the impact on previously 

unregulated entities and relationships, especially in terms of the Department’s stance on shared 

responsibility, is a real challenge and will require additional time.

In addition to the proposed regulatory changes, the preamble seeks comment on over 60 separate 

issues, many of which could significantly alter the proposed regulatory text and the potential 

impact of the proposal. Review and impact analysis is significantly delayed and complicated by 

the fact that the public must attempt to analyze every possible scenario raised in the preamble. 

Finally, the Initial Regulatory Impact Analysis (RIA) developed by HDR for the Department is 

over eighty pages and requests information on nine proposals and three alternative proposals.

1

 

 

1 RIA page 5.
2

Even with the assistance of HDR, seven of nine proposals do not include either a benefit or cost 

estimate, including four proposals that provide no cost or benefit estimates. Allowing additional 

time during this comment period will assist the public in developing information absent from the 

RIA and better inform the Department about the true impact of the proposal.

The public will have to develop as much information as possible about initial and future costs

and benefits resulting from a final rule in order to provide meaningful input. Speculation will 

not assist the Department, the public or stakeholders, could lead to inappropriate benefit-cost 

analysis and decision-making, and would detract from the credibility of this rulemaking process. 

It will be extremely difficult for our members and other stakeholders to develop information that 

will inform the judgment of the Department regarding this rulemaking. With additional time, our 

organizations will be better positioned to submit comprehensive industry comments, thus 

potentially minimizing the number and length of separate comments from individual carriers, 

and thereby facilitating the Department’s analysis. Given the length of time the NPRM was 

under review at the Office of Management and Budget, the Department should recognize that 

substantial analysis, review and coordination is needed to fully understand and assess the impacts 

and implications of the NPRM. While we appreciate that the Department provided a 90 day 

comment period, it nonetheless is insufficient for the reasons discussed above. 

In light of the importance of this rulemaking, the lack of estimates in the RIA, and the extensive 

coordination required to provide the Department input necessary to proceed – the proposed 90 

day time period is inadequate. We therefore request that the public comment period for this 

proceeding be extended for an additional 90 days.

Respectfully submitted,

Douglas Mullen Douglas Lavin

Assistant General Counsel Regional Vice President, North America

Airlines for America International Air Transport Association

Stacey Bechdolt

Senior Director, Safety & Technical Affairs

Regulatory Counsel

Regional Airline Association