### DEPARTi\-IENT OF**TRA.~SPORTATION** 

### OFFICE OFTHE SECRETARY 14 CFRParts 234, 244, 250,253, 259, and 399 Docket No. DOT-OST-2010-0140 

### RIN No. 2105-AD92 

### EnhancingAirline PassengerProtections AGENCY: Office ofthe Secretary (OST), Department ofTransportation (DOT). 

### ACTION: Clarification to Notice ofProposed Rulemaking 491O-9X



### SUJ\Il\'IARY: The Department ofTransportation is clarifying its notice ofproposed 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. 

### 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 numberDOT-OST2010-0140 by any ofthe following methods:

o 

### Federal Rulemaking Portal: go to http://www.regulations.gov and follow the online instructions for submitting comments. Mail: Docket Management Facility, U.S. Department ofTransportation, 1200 New Jersey Ave. SE, West Building Ground Floor, Room W12-140, Washington, DC 20590-0001.

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o 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.

o Fax: (202) 493-2251. 

### Jllstnlctions: You must include the agency name and docket number DOT-OST-2010- 0140 orthe Regulatory Identification Number (RIN) for the rulemaking at the beginning ofyour comment. All comments received will be posted without change to http://www.regulations.gov, including anypersonal information provided.


### PrivacyAct: Anyone is able to search the electronic form ofall comments received in any ofourdockets by the name ofthe individual submitting the comment (or signing the comment, ifsubmitted on behalfofan 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), oryou may visit 

### http://Docketslnfo.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: Daeleen Chesley, SeniorTrial Attorney, Office ofthe Assistant General Counsel for Aviation Enforcement and Proceedings, Department ofTransportation, 1200 New Jersey Avenue, S.E., Washington, D.C. 20590, (202) 366-6792, 

### daeleen.chesley@dot.gov.

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# . 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 RulemakingProcess: Pursuant to the notice ofproposed 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 website, www.regulationroom.org, to learn about the NPRM and that process. For questions about this project, please contact Brett Jortland in the DOT Office ofGeneral Counsel at 202.421.9216 or iJrett.jortland@dot.gov. 

### Clarification ofNotice ofProposed Rulemaking On June 8, 2010, the Department published an NPRM on Enhancing Airline Passenger Protections (75 Fed. Reg. 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 ofnot prescribing carrierpractices concerning the serving ofpeanuts. (75 Fed. Reg. 32318,32332)



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# ... We wish to clarify that, as alluded to in the NPRM, we recognize that Section 346 ofthe Department ofTransportation and Related Agencies Appropriations Act of2000, Public Law 106-69-Oct. 9, 1999 states: Hereafter, none ofthe funds made available under this Act oranyotherAct, may be used to implement, carry out, orenforce any regulation issued under section 41705 oftitle 49,United States Code, including any regulation contained in part382 oftitle 14, Code ofFederal Regulations, or any other provision oflaw (including any Act ofCongress, regulation, orExecutive orderor any official guidance or correspondence thereto), that requires orencourages an air carrier (as that term is defined in section40102 oftitle 49,United States Code) to, on intrastate or interstate air transportation (as those terms are defined in section 40102 oftitle 49, United States CodeHl)provide a peanut-free buffer zone or any other related peanut-restricted area; or (2) restrict the distribution ofpeanuts, until 90 days after submission to the Congress and the Secretary ofa peerreviewed scientific study that determines that there are severe reactions by passengers to peanuts as a result ofcontact with very small airborne peanut particles ofthe kind that passengers might encounterin an aircraft. We will comply with this requirement.

ISSUED

# THI~AY OF--A--=--:.---->.._, 2010,



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