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kas

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kas
June 9, 2010 4:12 am

I am a little skeptical that DOT has the power to implement this peanut ban. I would think that since Congress took away funding the last time that DOT tried to get rid of peanuts and DOT implicitly agreed to not take away peanuts, that DOT could not implement a peanut ban without Congress’ express authorization. At the very least, I think the DOT needs much more legally based response to this question then is currently included in the notice of proposed rulemaking. It would seem to me that DOT is playing a little fast and loose with the idea that just because Congress hasnt put the ban in place again, it must not want the ban. It would seem to me that Congress would not have any reason to cut off funding over peanuts, if DOT hasnt tried this stunt since 1999.

Also, the notice talks about Congress requiring a peer reviewed study about the effects of peanuts on planes. Does DOT have this study? If so, why is it not included in the notice.

I am not saying that the peanut ban is bad, but there are rules and it doesnt appear that DOT is playing by them.