December 7, 2011

BEFORE THE US DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Docket No.: DOT - OST - 2010 - 0140 Request by the Association of European Airlines (AEA) to extend effective dates In the context of the DOT ’s Final Rule on “Enhancing Ai rline Passenger Protections ” the provisions concerning baggage allowances and fees (14 C.F.R. 399.87) and the baggage notice requirements contained in 14 C.F.R 399.85(c) are due to take effect on January 24, 2012. Most carriers have met the short deadli nes set by DOT for the vast majority of the Final Rule published in April 2011, but the provisions on baggage allowances and fees and the new baggage notice rules will require the development of complex new systems which our carriers will not be in a posit ion to accomplish within such a short timeframe. Indeed, in its response to the first extension request the DOT itself recognised that airlines would encounter difficulties in complying with these baggage rules as they currently do not have access to each other’s fee schedules. Under Section 399.87 the same baggage allowances and fees must apply throughout an itinerary that originates or ends in the US. The requirement that any handling fees that apply at the beginning of a passenger’s itinerary must apply to the entire itinerary, regardless of any stopovers , means that any system that checks in passengers on an itinerary that includes a US destination or origin must be updated and automated to ensure that it can accommodate the new baggage rules. U nder Section 399.85(c) carriers are required to provide notice of baggage fees on the summary page of an on

- line transaction and on the e

- ticket confirmation, including for interline and code share itineraries. They must also provide specific information to consumers about all the factors that may cause the fees for checked and carry

- on baggage to vary, so that passengers can determine for themselves the fees that would apply to them. As there is currently no central database of carriers’ baggage policies and fees, in order to comply with the new rules airlines would have to request this information from all carriers with which they have code sharing or interline agreements. Because fees can change frequently, the information would also need to be constan tly updated. This is impractical and time

- consuming, with no guarantee that the information would be accurate. Avenue Louise 350 B - 1050 Brussels Tel. +32 (0)2 639 89 89 Fax 639 89 99 E-mail aea.secretariat@aea.be Web www.aea.be 

### Secretary General Association of European Airlines

Adria Airways Aegean Airlines AeroSvit airBaltic airberlin Air France Air Malta Alitalia Austrian British Airways British Midland International brussels airlines Cargolux Croatia Airlines Cyprus Airways Czech Airlines DHL Finnair Iberia Icelandair Jat Airways KLM LOT Lufthansa Luxair Malev Olympic Air SAS Scandinavian Airlines SWISS TAP Portugal TAROM TNT Airways Turkish Airlines Ukraine International Airlines Virgin Atlantic Airways- 2

- In addition, passengers travelling on code share and interline itineraries will not be able to use self

- service kiosks or on

- line chec k

- in services as these platforms cannot view a passenger’s full reservation to verify if he or she is on an interline itinerary. There would therefore be no way to ensure that the appropriate rules and fees are applied. Obliging su ch passengers to use th e airport check

- in facilities would lead to longer queues and more inconvenience for passengers. These new rules require airlines to have the capacity to share passenger itinerary and baggage rule and notice information. However, the technology necessar y to make this a reality is still in the development phase, and will most certainly not be ready by January 2012. European carriers need more time to develop and test these new systems and to train their staff to operate them. We therefore request that the effective date for application of Sections 399.87 and 399.85(c) be delayed for one year, until January 24, 2013. Thank you in advance for your consideration of this request. Yours sincerely,

Ulrich Schulte

- Strathaus Association of European Airlines

Adria Airways Aegean Airlines AeroSvit airBaltic airberlin Air France Air Malta Alitalia Austrian British Airways British Midland International brussels airlines Cargolux Croatia Airlines Cyprus Airways Czech Airlines DHL Finnair Iberia Icelandair Jat Airways KLM LOT Lufthansa Luxair Malev Olympic Air SAS Scandinavian Airlines SWISS TAP Portugal TAROM TNT Airways Turkish Airlines Ukraine International Airlines Virgin Atlantic Airways