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

– 201 4

– 0 056

And Other Consumer Protection Issues :

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REQUEST TO EXTEND THE PUBLIC COMMENT PERIOD

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

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

the Federal Register at 79 FR 29970 on May 23 , 20 14 ) that proposes to change airline passenger protections. A 9 0

- day comment period, closing August 21, 2014 , has been provided. By this filing, we request that t he Department extend the comment period an additional 9 0 days for the reasons explained below

.

The Department proposes to impose on U.S. and foreign carriers and ticket agents significant new regulations in ad dition 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 numer ous 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

. Nin ety days is not a sufficient time period in which to collect the extensive amounts of data and information from all affected part ies necessary to evaluate this p roposal.

This proposal expands the regulated community and uniquely regulates industry relationships

, requiring extensive coordination and analysis . For instance, the proposal expands t he definition of tickets agents, expands the universe of reporting carriers, and imposes new ticket agent

customer service s tandards. The proposal also will impact the relationships between carriers, ticket agents, intermediaries and codeshare partners. Assessing the impact on previously

un regulated entities and relationships , especially in terms of the Department’s stance on shared responsibility

, is a real challenge and will require a dditional time

.

I n 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 t he 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 , includin g four proposals that provide no cost or benefit estimates. Allowing additional time during this comment period will assist the public in developing information absent f rom 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. S peculation will

not assist the Department , the public or stakeholders, could lea d 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 w ill be better positioned to submit comprehensive industry comments, thus potentially minimizing the number and length of separate comments from individual carriers,

and the reby facilitating the Department ’s analysis . Given the length of time the NPRM was under review at the Office of Management and Budget, the Depa rtment should recognize that substantial analysis, review and coordination is needed to fully understand and as sess 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 estimat es in the RIA , and the extensive coordination required to provide the Department input necessary to proceed

– the proposed 9 0 day time period is inadequate

. We therefore request that the public comment period for this proceeding be extended for an addition al 9 0 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