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[Federal Register: June 25, 2010 (Volume 75, Number 122)]
[Proposed Rules]               
[Page 36300-36301]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jn10-11]                         

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Parts 234, 244, 250,253, 259, and 399

[Docket No. DOT-OST-2010-0140]
RIN 2105-AD92

 
Enhancing Airline Passenger Protections

AGENCY: Office of the Secretary (OST), Department of Transportation 
(DOT).

ACTION: Clarification to Notice of Proposed Rulemaking.

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SUMMARY: The Department of Transportation is clarifying its notice of

[[Page 36301]]

proposed rulemaking (NPRM) published in the Federal Register on June 8, 
2010, which, among other issues, solicits comments on options to 
provide greater access to air travel for persons with peanut allergies. 
The June 8 document also proposes action to strengthen the rights of 
air travelers in the event of oversales, flight cancellations and long 
delays, and to ensure that passengers have accurate and adequate 
information to make informed decisions when selecting flights.

DATES: Comments should be filed by August 9, 2010. Late-filed comments 
will be considered to the extent practicable.

ADDRESSES: You may file comments identified by the docket number DOT-
OST-2010-0140 by any of the following methods:
     Federal Rulemaking Portal: go to http://www.regulations.gov and follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Ave., SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Ave., SE., between 9 a.m. and 5 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) 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, business, 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: Daeleen Chesley, Senior Trial 
Attorney, Office of the Assistant General Counsel for Aviation 
Enforcement and Proceedings, Department of Transportation, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, (202) 366-6792, 
daeleen.chesley@dot.gov.
    You may also contact Blane Workie, Deputy Assistant General Counsel 
at the same address, (202) 366-9342, blane.workie@dot.gov. Arrangements 
to receive this notice in an alternative format may be made by 
contacting the above named individuals.

SUPPLEMENTARY INFORMATION: Pilot Project on Open Government and the 
Rulemaking Process: Pursuant to the notice of proposed rulemaking 
(NPRM) published June 8, 2010, persons who desire may provide input on 
this rulemaking using the social networking pilot project, Regulation 
Room, established by DOT in partnership with the Cornell eRulemaking 
Initiative (CeRI). You may visit the Regulation Room Web site, http://www.regulationroom.org, to learn about the NPRM and that process. For 
questions about this project, please contact Brett Jortland in the DOT 
Office of General Counsel at 202.421.9216 or brett.jortland@dot.gov.

Clarification of Notice of Proposed Rulemaking

    On June 8, 2010, the Department published an NPRM on Enhancing 
Airline Passenger Protections (75 FR 32318), which, among other things, 
solicits comment, without proposing any specific rule text, on three 
options that would provide greater access to air travel for persons 
with peanut allergies. The NPRM also sought comment on whether it would 
be preferable to maintain the current practice of not prescribing 
carrier practices concerning the serving of peanuts. (75 FR 32318, 
32332)
    We wish to clarify that, as alluded to in the NPRM, we recognize 
that Section 346 of the Department of Transportation and Related 
Agencies Appropriations Act of 2000, Public Law 106-69--Oct. 9, 1999 
states:

    Hereafter, none of the funds made available under this Act or 
any other Act, may be used to implement, carry out, or enforce any 
regulation issued under section 41705 of title 49, United States 
Code, including any regulation contained in part382 of title 14, 
Code of Federal Regulations, or any other provision of law 
(including any Act of Congress, regulation, or Executive order or 
any official guidance or correspondence thereto), that requires or 
encourages an air carrier (as that term is defined in section 40102 
of title 49, United States Code) to, on intrastate or interstate air 
transportation (as those terms are defined in section 40102 of title 
49, United States Code)--(1) provide a peanut-free buffer zone or 
any other related peanut-restricted area; or (2) restrict the 
distribution of peanuts, until 90 days after submission to the 
Congress and the Secretary of a peer-reviewed scientific study that 
determines that there are severe reactions by passengers to peanuts 
as a result of contact with very small airborne peanut particles of 
the kind that passengers might encounter in an aircraft.

    We will comply with this requirement.

List of Subjects

14 CFR Parts 234, 250, and 259

    Air carriers, Consumer protection, Reporting and recordkeeping 
requirements.

14 CFR Part 244

    Air carriers, Consumer protection, Tarmac delay data.

14 CFR Part 253

    Air carriers, Consumer protection, Contract of carriage.

14 CFR Part 399

    Administrative practice and procedure, Air carriers, Air rates and 
fares, Air taxis, Consumer protection, Small businesses.

    Issued June 22, 2010, at Washington DC.
Ray LaHood,
Secretary of Transportation.
[FR Doc. 2010-15536 Filed 6-23-10; 11:15 am]
BILLING CODE 4910-9X-P
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