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DEPARTMENT OF TRANSPORTATION .• , I 

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. 

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-201O-0140 

by any of the following methods: 

o Federal eRulemaking Portal: go to http://www.regulations.gov and follow the online 

instructions for submitting comments. 

o Mail: Docket Management Facility, u.S. Department of Transportation, 1200 New 

Jersey Ave. SE, Room W12-140, Washington, DC 20590-0001. 
o 

o 

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Hand Delivery or Courier: West Building Ground Floor, Room W12-140, 1200 New 

Jersey Ave. SE, between 9:00 a.m. and 5:00 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-20 10-0 140 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), blane.workie@dot.gov or daeleen.chesley@dot.gov (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 consumers by: (1) increasing the number of carriers that 
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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 (AC!), 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 (IA T A) and Societe Air France & 

KLM Royal Dutch. We also received a joint statement in support of IA T A's request for an 
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extension of the comment period by the Air Transport Association (AT A), 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. 
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Issued this 29th day of July, 2010, in Washington, D.C. under authority assigned to me by 14 

CFR Part 385.17(c). 

~~ NeIl R. Elsner 

Assistant General Counsel 

Office of Regulation and Enforcement 

U.S. Department of Transportation