DOT EXTENDS COMMENT PERIOD FOR SEVERAL NEW REGULATIONS
January 5, 2017
On October 31, 2016, DOT published an Advance Notice of Proposed Rulemaking (ANPRM) to solicit public comment on how to implement a requirement for airlines to refund checked baggage fees when they fail to deliver bags in a timely manner. Specifically, the Department requested comments on how to define a baggage delay, and the appropriate method for providing the refund for delayed baggage.
Two weeks later Airlines for America (A4A) requested a 48-day extension of the comment period because the ANPRM “concerns a requirement that implicates several operational and financial disciplines within the airlines,” which will require the assessment of how internal information systems should be re-worked. DOT granted the extension on November 29, 2016 and comments are now due by January 17, 2017.
On Friday, December 16, 2016 DOT announced that it is also extending the response period for its Request for Information regarding industry practices on the distribution and display of airline flight schedule, fare, and availability information from December 30, 2016, to March 31, 2017. DOT has requested industry responses on what may harm consumers and what may constitute unfair and deceptive business practices and/or unfair methods of competition; whether any entities are blocking access to critical resources needed for competitive entry into the air transportation industry. And, whether DOT’s action is unnecessary or whether DOT’s action in these areas would promote a more competitive air transportation marketplace or help ensure that consumers have access to the information needed to make informed choices. Please let us know if you would like to file a response in this proceeding.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com; 202-659-6622) or Drew Derco (dderco@eckertseamans.com; 202-659-6665).
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