[Federal Register Volume 75, Number 122 (Friday, June 25, 2010)]
[Proposed Rules]
[Pages 36300-36301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15536]
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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,
[email protected].
You may also contact Blane Workie, Deputy Assistant General Counsel
at the same address, (202) 366-9342, [email protected]. 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 [email protected].
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