Enhancing Airline Passenger Protections for Reporting Carriers (I.E., the Largest Plans
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32318 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules The FAA’s authority to issue rules DEPARTMENT OF TRANSPORTATION access to air travel for the significant regarding aviation safety is found in number of individuals with peanut Title 49 of the United States Code. Office of the Secretary allergies. Subtitle I, section 106 describes the DATES: Comments should be filed by 14 CFR Parts 234, 244, 250, 253, 259, authority of the FAA Administrator. August 9, 2010. Late-filed comments and 399 Subtitle VII, Aviation Programs, will be considered to the extent describes in more detail the scope of the [Docket No. DOT–OST–2010–0140] practicable. agency’s authority. RIN No. 2105–AD92 ADDRESSES: You may file comments This rulemaking is promulgated identified by the docket number DOT– under the authority described in subtitle Enhancing Airline Passenger OST–2010–0140 by any of the following VII, part A, subpart I, section 40103. Protections methods: Under that section, the FAA is charged • Federal eRulemaking Portal: go to with prescribing regulations to assign AGENCY: Office of the Secretary (OST), http://www.regulations.gov and follow the use of the airspace necessary to Department of Transportation (DOT). the online instructions for submitting ensure the safety of aircraft and the ACTION: Notice of Proposed Rulemaking comments. efficient use of airspace. This regulation (NPRM). • Mail: Docket Management Facility, is within the scope of that authority as U.S. Department of Transportation, 1200 it would remove a colored Federal SUMMARY: The Department of New Jersey Ave., SE., Room W12–140, airway in Alaska. Transportation is proposing to improve Washington, DC 20590–0001. the air travel environment for • Hand Delivery or Courier: West Environmental Review consumers by: increasing the number of Building Ground Floor, Room W12–140, carriers that are required to adopt This proposal will be subject to an 1200 New Jersey Ave., SE., between 9 tarmac delay contingency plans and the environmental analysis in accordance a.m. and 5 p.m. ET, Monday through airports at which they must adhere to with FAA Order 1050.1E, Friday, except Federal Holidays. the plan’s terms; increasing the number • ‘‘Environmental Impacts: Policies and Fax: (202) 493–2251. of carriers that are required to report Instructions: You must include the Procedures,’’ prior to any FAA final tarmac delay information to the agency name and docket number DOT– regulatory action. Department; expanding the group of OST–2010–XXXX or the Regulatory List of Subjects in 14 CFR Part 71 carriers that are required to adopt, Identification Number (RIN) for the follow, and audit customer service plans rulemaking at the beginning of your Airspace, Incorporation by reference, and establishing minimum standards for comment. All comments received will Navigation (air). the subjects all carriers must cover in be posted without change to http:// The Proposed Amendment such plans; requiring carriers to include www.regulations.gov, including any their contingency plans and customer personal information provided. In consideration of the foregoing, the service plans in their contracts of Privacy Act: Anyone is able to search Federal Aviation Administration carriage; increasing the number of the electronic form of all comments proposes to amend 14 CFR part 71 as carriers that must respond to consumer received in any of our dockets by the follows: complaints; enhancing protections name of the individual submitting the afforded passengers in oversales comment (or signing the comment if PART 71—DESIGNATION OF CLASS A, situations, including increasing the submitted on behalf of an association, a B, C, D, AND E AIRSPACE AREAS; AIR maximum denied boarding business, a labor union, etc.). You may TRAFFIC SERVICE ROUTES; AND compensation airlines must pay to review DOT’s complete Privacy Act REPORTING POINTS passengers bumped from flights; statement in the Federal Register strengthening, codifying and clarifying published on April 11, 2000 (65 FR 1. The authority citation for part 71 the Department’s enforcement policies 19477–78), or you may visit http:// continues to read as follows: concerning air transportation price DocketsInfo.dot.gov. Authority: 49 U.S.C. 106(g), 40103, 40113, advertising practices; requiring carriers Docket: For access to the docket to 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– to notify consumers of optional fees read background documents or 1963 Comp., p. 389. related to air transportation and of comments received, go to http:// increases in baggage fees; prohibiting www.regulations.gov or to the street § 71.1 [Amended] post-purchase price increases; requiring address listed above. Follow the online instructions for accessing the docket. 2. The incorporation by reference in carriers to provide passengers timely 14 CFR 71.1 of FAA Order 7400.9T, notice of flight status changes such as FOR FURTHER INFORMATION CONTACT: Airspace Designations and Reporting delays and cancellations; and Daeleen Chesley or Blane A. Workie, Points, signed August 27, 2009, and prohibiting carriers from imposing Office of the Assistant General Counsel effective September 15, 2009, is unfair contract of carriage choice-of- for Aviation Enforcement and amended as follows: forum provisions. The Department is Proceedings, U.S. Department of proposing to take this action to Transportation, 1200 New Jersey Ave., Paragraph 6009(a)—Green Federal Airways. strengthen the rights of air travelers in SE., Washington, DC 20590, 202–366– * * * * * the event of oversales, flight 9342 (phone), 202–366–7152 (fax), cancellations and long delays, and to [email protected] or G–4 [Removed] ensure that passengers have accurate [email protected] (e-mail). Issued in Washington, DC, May 27, 2010. and adequate information to make SUPPLEMENTARY INFORMATION: informed decisions when selecting Kenneth McElroy, flights. In addition, the Department is Pilot Project on Open Government and Acting Manager, Airspace and Rules Group. considering several measures, including the Rulemaking Process [FR Doc. 2010–13609 Filed 6–7–10; 8:45 am] banning the serving of peanuts on On January 21st, 2009, President BILLING CODE 4910–13–P commercial airlines, to provide greater Obama issued a Memorandum on VerDate Mar<15>2010 16:24 Jun 07, 2010 Jkt 220001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\08JNP1.SGM 08JNP1 emcdonald on DSK2BSOYB1PROD with PROPOSALS Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules 32319 Transparency and Open Government in and disadvantages of these techniques, is not the same as commenting in the which he described how ‘‘public and report their findings and rulemaking docket. The Summary of engagement enhances the Government’s conclusions on the most effective use of discussion and any joint comments effectiveness and improves the quality social networking technologies in this prepared collaboratively on the site will of its decisions’’ and how ‘‘knowledge is area. become comments in the docket when widely dispersed in society, and public DOT and the Obama Administration they are submitted to DOT by CeRI. At officials benefit from having access to are striving to increase effective public any time during the comment period, that dispersed knowledge.’’ To support involvement in the rulemaking process anyone using Regulation Room can also the President’s open government and strongly encourage all parties submit individual views to the initiative, DOT plans to continue its interested in this rulemaking to visit the rulemaking docket through the federal partnership with the Cornell Regulation Room Web site, http:// rulemaking portal Regulations.gov, or by eRulemaking Initiative (CeRI) in a pilot www.regulationroom.org, to learn about any of the other methods identified at project, Regulation Room, to discover the rule and the rulemaking process, to the beginning of this Notice. For the best ways of using Web 2.0 and discuss the issues in the rule with other questions about this project, please social networking technologies to: (1) persons and groups, and to participate contact Brett Jortland in the DOT Office Alert the public, including those who in drafting comments that will be of General Counsel at 202–421–9216 or sometimes may not be aware of submitted to DOT. A Summary of the [email protected]. rulemaking proposals, such as discussion that occurs on the Regulation Summary of Preliminary Regulatory individuals, public interest groups, Room site and participants will have the Analysis small businesses, and local government chance to review a draft and suggest entities, that rulemaking is occurring in changes before the Summary is The preliminary regulatory analysis areas of interest to them; (2) increase submitted. Participants who want to suggests that the benefits of the public understanding of each proposed further develop ideas contained in the proposed requirements exceed its costs, rule and the rulemaking process; and (3) Summary, or raise additional points, even without considering non- help the public formulate more effective will have the opportunity to quantifiable benefits. This analysis, individual and collaborative input to collaboratively draft joint comments outlined in the table below, finds that DOT. We anticipate, over the course of that will be also be submitted to the the expected net present value of the several rulemaking initiatives, that CeRI rulemaking docket before the comment rule for 10 years at a 7% discount rate will use different