This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

6249 

Vol. 74, No. 24 

Friday, February 6, 2009 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

14 CFR Parts 234, 259, and 399 

[Docket No. OST–2007–0022] 

RIN 2105–AD72 

Enhancing Airline Passenger 

Protections 

AGENCY: Office of the Secretary (OST), 

U.S. Department of Transportation 

(DOT). 

ACTION: Extension of comment period on 

proposed rule. 

SUMMARY: The Department is extending 

through March 9, 2009, the period for 

interested persons to submit comments 

to its proposed rule on enhancing 

airline passenger protections. 

DATES: Comments must be received by 

March 9, 2009. Comments received after 

this date will be considered to the 

extent practicable. 

ADDRESSES: You may file comments 

identified by the docket number DOT– 

OST–2007–0022 by any of the following 

methods: 

• Federal eRulemaking Portal: go to 

http://www.regulations.gov and follow 

the online instructions for submitting 

written comments. A standard form has 

been created for those who wish to use 

it in submitting comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Ave., SE., 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. 

We strongly encourage you to use the 

standard form to submit comments. To 

access the form, go to http:// 

www.regulations.gov and use the 

SEARCH DOCUMENTS field provided 

to input the docket number for this 

rulemaking. You can then search the 

index for ‘‘Public comment standard 

form.’’ This form may then be moved to 

your computer desktop, where you can 

type in your comments. You may then 

attach the form when you submit your 

comments to the docket. 

If you do not use the standard form, 

you must include the agency name and 

docket number DOT–OST–2007–0022 

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. 

FOR FURTHER INFORMATION CONTACT: 

Daeleen Chesley or Blane Workie, Office 

of Assistant General Counsel for 

Aviation Enforcement and Proceedings, 

1200 New Jersey Ave., SW., W96–414, 

Washington, DC 29590. Phone: 202– 

366–9342. TTY: 202–366–0511. Fax: 

202–366–7152. E-mail: 

daeleen.chesley@dot.gov or 

blane.workie@dot.gov. 

SUPPLEMENTARY INFORMATION: On 

December 8, 2008, 73 FR 74586, Dec. 8, 

2008, the Department of Transportation 

(DOT or Department) published in the 

Federal Register a notice of proposed 

rulemaking (NPRM) that proposed to 

enhance airline passenger protections in 

the following ways: By requiring air 

carriers to adopt contingency plans for 

lengthy tarmac delays and incorporate 

them in their contracts of carriage, by 

requiring air carriers to respond to 

consumer problems, by deeming the 

continued operation of a flight that is 

chronically late to be unfair and 

deceptive in violation of 49 U.S.C. 

41712, by requiring air carriers to 

publish information on flight delays on 

their Web sites, and by requiring air 

carriers to adopt customer service plans, 

incorporate these into their contracts of 

carriage, and audit their own 

compliance with their plans. Comments 

on the matters proposed are due 60 days 

after publication of the NPRM, or by 

February 6, 2009. 

On December 30, 2008, the Air 

Transport Association (ATA) requested 

an extension of 60 days time in the 

comment period for this rulemaking. 

According to ATA, the extension of time 

is needed in order for it to develop a 

more complete and accurate cost-benefit 

analysis of the proposed rule than is 

contained in the Initial Regulatory 

Evaluation. In support of its request, 

ATA states that the Initial Regulatory 

Evaluation contains estimates on costs 

of the rule without input from affected 

carriers and that other estimates are 

vastly underestimated. In particular, 

ATA points to costs associated with 

litigation that it asserts will result if 

carriers are required to make 

contingency plans or customer service 

plans part of their contracts of carriage, 

costs of developing Web sites to contain 

information not currently required to be 

provided consumers, and costs on 

carriers and the public of any 

requirement dictating maximum tarmac 

delay times. ATA also points, in support 

of its request for additional time, to the 

coordination it claims will be necessary 

on the rule and notes that the comment 

period includes the end-of-year holiday. 

As of January 13, 2009, no comments 

were filed in response to ATA’s request. 

We have decided to grant an 

extension of 31 days time, or until 

March 9, 2009, for the public to 

comment on the NPRM. In doing so, we 

note that ATA and other interested 

parties already have had a significant 

amount of time to review and analyze 

the matters at issue in the NPRM, 

including providing the Department 

with the cost data it says is necessary. 

On November 18, 2008, 20 days prior to 

the December 8, 2008, publication of the 

NPRM in the Federal Register, which 

began the 60-day comment period, the 

Department published the proposal in 

its own public docket system and 

publicized that fact. Thus, all interested 

parties would have had 80 days to 

review and comment on the proposals, 

even without the additional 31 days we 

are now granting. Moreover, most of the 

issues encompassed by the NPRM are 

not by any means new to ATA and other 

interested parties, since they were first 

proposed for comment approximately 

14 months ago in an Advance Notice of 

Proposed Rulemaking, issued November 

15, 2007, on which ATA among others 

commented. Accordingly, the 

Department finds that good cause exists 

to extend the time for comments on the 

proposed rule from February 6, 2009, to 

March 9, 2009. 


dwashington3 on PROD1PC60 with PROPOSALS
6250 Federal Register / Vol. 74, No. 24 / Friday, February 6, 2009 / Proposed Rules 

Issued in Washington, DC, this 29th day of 

January 2009, under authority assigned to me 

by 14 CFR 385.17 (c). 

Neil R. Eisner, 

Assistant General Counsel, Office of 

Regulation and Enforcement, U.S. 

Department of Transportation. 

[FR Doc. E9–2548 Filed 2–5–09; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 242 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 100 

[FWS–R7—SM–2009–0001; 701 01–I 261– 

0000L6] 

RIN 1018–AW3O 

Subsistence Management Regulations 

for Public Lands in Alaska—2010–11 

and 2011–12 Subsistence Taking or 

Wildlife Regulations 

AGENCIES: Forest Service, Agriculture; 

Fish and Wildlife Service, Interior. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: In accordance with the 

January 20, 2009, memorandum 

‘‘Regulatory Review,’’ signed by Chief of 

Staff Rahm Emanuel, we, the U.S. Forest 

Service and U.S. Fish and Wildlife 

Service, withdraw our proposed rule 

published January 29, 2009, to establish 

regulations for hunting and trapping 

seasons, harvest limits, methods, and 

means related to taking of wildlife for 

subsistence uses in Alaska during the 

2010–11 and 2011–12 regulatory years. 

DATES: Effective February 4, 2009, the 

Forest Service and the Fish and Wildlife 

Service withdraw the joint proposed 

rule published January 29, 2009 (74 FR 

5127). 

FOR FURTHER INFORMATION CONTACT: For 

Fish and Wildlife Service questions, 

contact Peter 3. Probasco, Chair, Federal 

Subsistence Board, c/o U.S. Fish and 

Wildlife Service, Office of Subsistence 

Management, at (907) 786–3888 

(telephone) or subsistence@fws.gov (email). For National Forest System lands 

questions, contact Steve Kessler, 

Regional Subsistence Program Leader, 

USDA, Forest Service, Alaska Region, at 

(907) 743–9461 (telephone). 

SUPPLEMENTARY INFORMATION: 

Background 

Under Title VIII of the Alaska 

National Interest Lands Conservation 

Act (ANILCA) (16 U.S.C. 3111–3126), 

the Secretary of the Interior and the 

Secretary of Agriculture (Secretaries) 

jointly implement the Federal 

Subsistence Management Program 

(program). This program grants a 

preference for subsistence uses of fish 

and wildlife resources on Federal public 

lands and waters in Alaska. The 

Secretaries originally published 

regulations to carry out the program in 

the Federal Register on May 29, 1992 

(57 FR 22940), and the program has 

subsequently amended these regulations 

several times. Because this program is a 

joint effort between Interior and 

Agriculture, its regulations are located 

in two titles of the Code of Federal 

Regulations (CFR): Title 36, ‘‘Parks, 

Forests, and Public Property,’’ and Title 

50, ‘‘Wildlife and Fisheries,’’ at 36 CFR 

242.1–28 and 50 CFR 100.1–28, 

respectively. 

Among other things, subpart D of 

these regulations set forth specific 

harvest seasons and limits. Subpart D 

regulations are subject to periodic 

review and revision. The Federal 

Subsistence Board completes the 

biennial process of revising subsistence 

hunting and trapping regulations for 

wildlife in even-numbered years and 

subsistence fishing and shellfish 

regulations in odd-numbered years; 

public proposal and review processes 

take place during the preceding year. 

The Board also addresses customary and 

traditional use determinations during 

the applicable biennial cycle. 

On January 29, 2009 (74 FR 5127), we 

published a proposed rule in the 

Federal Register revising the subpart D 

regulations that set forth specific harvest 

seasons and limits for wildlife and the 

subpart C customary and traditional use 

determinations. The text of the 2008–10 

subparts C and D final rule that 

published June 24, 2008 (73 FR 35726), 

serve as the text for our 2010–12 

subparts C and D proposed rule (January 

29, 2009, 74 FR 5127). 

We are withdrawing this rule because 

publication did not follow the 

requirements set forth in a January 20, 

2009, memorandum signed by the 

President’s Chief of Staff. That 

memorandum requires Administration 

appointees to review rules prior to 

publication. This rule did not receive 

complete Administration review. 

For more about the background and 

structure of the Federal Subsistence 

Program, Federal Subsistence Board, 

and Federal Subsistence Regional 

Advisory Councils; our Public Review 

Process involving Comments, Proposals, 

and Public Meetings; Compliance with 

Statutory and Regulatory Authorities; 

and discussion of our original proposed 

rule, see 74 FR 5127. 

Dated: January 29, 2009. 

Rowan Gould, 

Acting Director, U.S. Fish and Wildlife 

Service. 

Dated: February 3, 2009. 

Abigail Kimbell, 

Chief of the U.S. Forest Service. 

[FR Doc. E9–2608 Filed 2–4–09; 11:15 am] 

BILLING CODES 3410–11–P; 4310–55–P 

POSTAL SERVICE 

39 CFR Part 111 

New Standards for Domestic Mailing 

Services, Revised Proposal 

AGENCY: Postal ServiceTM. 

ACTION: Proposed rule; supplemental. 

SUMMARY: On January 29, 2009, the 

Postal Service published a proposed 

rule to provide mailing standards that 

would accompany new prices for 

mailing services in 2009 and 2010. 

Upon further review, the Postal Service 

has determined that it is appropriate to 

make certain changes in its initial 

proposal. In particular, language has 

been inserted to clarify that proposed 

new standards relating to static charge 

and coefficient of friction standards for 

automation and machinable letters 

would be recommended, not mandatory, 

and a proposal to revise the standards 

for window envelopes on letter-size 

envelopes has been removed. For 

purposes of clarity and convenience, the 

entire revised version of the proposed 

rule is being published for comment. 

DATES: We must receive your comments 

on or before March 9, 2009. 

ADDRESSES: Mail or deliver written 

comments to the Manager, Mailing 

Standards, U.S. Postal Service, 475 

L’Enfant Plaza, SW., Room 3436, 

Washington, DC 20260–3436. You may 

inspect and photocopy all written 

comments at USPS Headquarters 

Library, 475 L’Enfant Plaza, SW., 11th 

Floor N, Washington, DC, between 9 

a.m. and 4 p.m., Monday through 

Friday. E-mail comments, containing 

the name and address of the commenter, 

may be sent to: 

MailingStandards@usps.gov, with a 

subject line of ‘‘Price-related Proposal 

Comments.’’ Faxed comments are not 

accepted. 

FOR FURTHER INFORMATION CONTACT: Bill 

Chatfield, 202–268–7278. 


dwashington3 on PROD1PC60 with PROPOSALS