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### DEPARTMENT OFTRANSPORTATION .• , I 

### OFFICE OFTHE SECRETARY 14 CFRPARTS 234, 244, 250, 253, 259, and 399 DocketNo. DOT-OST-2010-0140 RIN No. 2105-AD92 EnhancingAirline Passenger Protections

AGENCY: Office ofthe Secretary (OST), Department ofTransportation (DOT). ACTION: Extension ofcommentperiod 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 ofTransportation is extending the period for interested persons to submit comments
on this rulemaking from August 9,2010, to September23,2010. This extension is aresult of requests from a number ofairline 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 ofthe following methods:

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### Federal eRulemaking Portal: go to http://www.regulations.gov and follow the online instructions for submitting comments.

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### Mail: Docket Management Facility, u.S. Department ofTransportation, 1200 New Jersey Ave. SE, Room W12-140, Washington, DC 20590-0001.o

o 2 Hand Delivery orCourier: West Building Ground Floor, RoomW12-140, 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-2010-0140 or the Regulatory Identification Number, RIN No. 2105-AD92, for the rulemaking at the beginning ofyour comment. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided. PrivacyAct: Anyone is able to search the electronic form ofall comments received in any ofour dockets by the name ofthe individual submitting the comment (or signing the comment if submitted onbehalfofan association, a business, a labor union, etc.). You may review DOT's complete Privacy Act statement in the FederalRegisterpublished 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 orcomments received, go to http://www.regulations.gov orto the street address listed above. Follow the online instructions for accessing the docket. FOR FURTHER INFORMATION CONTACT: Blane A. Workie orDaeleen Chesley, Office ofthe 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 ordaeleen.chesley@dot.gov (e-mail). SUPPLEMENTARYINFORMATION: On June 8, 2010, the Department published a Notice ofProposed Rulemaking (NPRM) on enhancing airline passengerprotections that proposed to improve the airtravel environment for consumers by: (1) increasing the numberofcarriers that3

are required to adopt tarmac delay contingencyplans and the airports at which they must adhere to the plan's terms; (2) increasingthe number ofcarriers that are required to report tarmac delay information to the Department; (3) expanding the group ofcarriers that are required to adopt, follow, and audit customer service plans and establishing minimum standards for the subjects all carriers must coverin such plans; (4) requiring carriers to include theircontingency plans and customer service plans in theircontracts ofcarriage; (5) increasing the number ofcarriers that must respond to consumercomplaints; (6) enhancingprotections 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 ofoptional 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 offlight status changes such as delays and cancellations; (11) prohibiting carriers from imposing unfaircontract ofcarriage choice-of-forumprovisions; and (12) solicitingcomments on options to provide greater access to airtravel for persons with peanut allergies. See 75 FR 32318 (June 8, 2010). Comments on the matters proposed were to be received 60days after publication ofthe NPRM, or by August 9, 2010. We received requests for an extension oftime in the commentperiod for this rulemaking by the Airport Council International (AC!), Association ofAsiaPacific Airlines (AAPA), Association ofEuropean Airlines (AEA), Latin American & Caribbean AirTransport Association (ALTA), National Airlines Council ofCanada (NACC), International Air Carrier Association (IACA), International AirTransport Association (IATA) and Societe AirFrance & KLM Royal Dutch. We also received ajoint statement in support ofIATA's request for an

### 4 extension ofthe comment period by the AirTransport Association (ATA), Regional Airline Association (RAA) and Air CarrierAssociation ofAmerica (ACAA). According to these requests, the extension oftime 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 ofthe proposals, the need to analyze any international law implications, the need to evaluate and respond to the preliminaryregulatory analysis, the need to coordinate and assess several areas addressed in this proposal against other U.S. Government proposals orrequirements, 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 ofthe petitioners requested an additional 60 days time, a few requested an additional 90 days time, and one supported an additional 30days time. While we concur with the requests for an extension ofthe commentperiod, we believe that a 90-day or 60-day extension would be excessive. We have decided to grant an extension of 45 days, oruntil September23,2010, 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 ofthe 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 ofthe commentperiod for this rulemaking.5

Issued this 29th dayofJuly, 2010, inWashington, D.C. under authority assigned to me by 14 CFRPart 385.17(c).

# ~~ NeIl R. Elsner Assistant General Counsel Office ofRegulation and Enforcement U.S. Department ofTransportation