Domestic Baggage Liability, 3942-3943 [E7-1101]
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3942
Federal Register / Vol. 72, No. 18 / Monday, January 29, 2007 / Rules and Regulations
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(i) Special flight permits may be issued in
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of the Federal Aviation Regulations (14 CFR
21.197 and 21.199) to operate the airplane to
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generator served by the power feeder wire
bundles specified in paragraph (g) of this AD
is disconnected.
Alternative Methods of Compliance
(AMOCs)
(j)(1) The Manager, Seattle Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested in accordance with the procedures
found in 14 CFR 39.19.
(2) Before using any AMOC approved in
accordance with § 39.19 on any airplane to
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Material Incorporated by Reference
(k) You must use Boeing Special Attention
Service Bulletin 757–24–0105, Revision 2,
dated April 20, 2006; and Boeing Special
Attention Service Bulletin 757–24–0106,
Revision 2, dated April 20, 2006; as
applicable; to perform the actions that are
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otherwise. The Director of the Federal
Register approved the incorporation by
reference of these documents in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Boeing Commercial Airplanes, P.O.
Box 3707, Seattle, Washington 98124–2207,
for a copy of this service information. You
may review copies at the Docket Management
Facility, U.S. Department of Transportation,
400 Seventh Street, SW., Room PL–401,
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Issued in Renton, Washington, on January
18, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–1203 Filed 1–26–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Part 254
rmajette on PROD1PC67 with RULES
RIN 2105–AD62
[Docket OST–2007–27020]
Domestic Baggage Liability
Department of Transportation
(DOT), Office of the Secretary (OST).
AGENCY:
VerDate Aug<31>2005
14:38 Jan 26, 2007
Jkt 211001
ACTION:
Final Rule.
SUMMARY: In accordance with the
provisions of 14 CFR 254.6, this final
rule revises the minimum limit on
domestic baggage liability applicable to
air carriers to reflect inflation since July
2004, the year of the most recent
revision to the liability limit. Section
254.6 requires that the Department
periodically revise the limit to reflect
changes in the Consumer Price Index.
The rule adjusts the minimum limit of
liability from the current amount of
$2,800, set by the Department in 2004,
to $3,000, to take into account the
changes in consumer prices since the
prior revision.
EFFECTIVE DATE: This rule is effective on
February 28, 2007.
FOR FURTHER INFORMATION CONTACT:
Nicholas Lowry, Senior Attorney, Office
of Aviation Enforcement and
Proceedings (C–70), Department of
Transportation, 400 Seventh St., SW.,
Washington, DC 20590; (202) 366–9351.
SUPPLEMENTARY INFORMATION:
I. Supplementary Information
14 CFR Part 254 establishes minimum
baggage liability limits applicable to
domestic air service, currently $2,800
per passenger (See 69 FR 56693,
September 22, 2004). Provisions of 14
CFR 254.6 require that the Department
periodically review the minimum limit
of liability prescribed in Part 254 in
light of changes in the Consumer Price
Index for Urban Consumers and directs
the Department to revise the limit of
liability to reflect changes in the price
index that have occurred in the interim.
Section 254.6 prescribes the use of a
specific formula to calculate the revised
minimum liability amount when
making these periodic adjustments.
Applying the formula to price index
changes occurring between July 2004
and July 2006, the appropriate inflation
adjustment is $2,500 x 203.5/168.3, or
$3022.87. The provision requires us to
round the adjustment to the nearest
$100, or to $3,000.
II. Waiver of Rulemaking Procedural
Requirements
With this final rule, we are waiving
the usual notice of proposed rulemaking
and public comment procedures set
forth in the Administrative Procedure
Act (APA) (5 U.S.C. 553). The APA
allows agencies to dispense with such
procedures on finding of good cause
when they are impracticable,
unnecessary or contrary to the public
interest. We have determined that under
5 U.S.C. 553 (b)(3)(B) good cause exists
for dispensing with the notice of
proposed rulemaking and public
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
comment procedures for this rule. This
rulemaking is required by regulation,
based on a formula, and provides for no
discretion. Accordingly, we believe
comment is unnecessary and contrary to
the public interest, and we are issuing
this revision as a final rule.
Although this final rule will become
effective in 30 days, the Department will
defer enforcement of the notice
provision in the revised rule, as it
pertains to written notice of the new
limit, for a reasonable time period to
allow carriers to replace or correct their
current paper ticket stock and envelopes
so as to provide proper written notice of
the increased minimum liability limit
without imposing an undue burden.
Carriers are, however, subject to
enforcement action from the effective
date of this final rule if they otherwise
fail to provide proper notice of the
$3,000 liability limit or fail to apply the
new limit, as appropriate.
III. Regulatory Impact Statement
Executive Order 12866
This final rule has been evaluated in
accordance with the existing policies
and procedures and is considered not
significant under both Executive Order
12866 and DOT’s Regulatory Policies
and Procedures. It was not reviewed by
the Office of Management and Budget.
Based on the limited data available to
the Department, the increase in the
minimum baggage liability limit from
$2,800 to $3,000 per passenger may
result in U.S. carriers paying total
additional reimbursements to
consumers of approximately $2.6
million per year.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980
(5 U.S.C. 601–612) does not apply to
this rulemaking because we are not
required to issue a notice of proposed
rulemaking. However, we note that this
revision of 14 CFR Part 254 provides for
a minimal increase in the amount of the
minimum baggage liability limit that air
carriers may incur in cases of lost or
damaged baggage. It will pose minor
additional costs only in those instances
in which carriers lose or damage
baggage, or delay delivering baggage to
the traveler, and it affects only carriers
operating large aircraft or those carriers
operating small aircraft interlining with
such carriers. As a result, many
operations of small entities, such as
small air taxis and commuter air
carriers, are not covered by the rule.
Moreover, any additional costs for small
entities associated with the rule should
be minimal and may be covered by
insurance.
E:\FR\FM\29JAR1.SGM
29JAR1
Federal Register / Vol. 72, No. 18 / Monday, January 29, 2007 / Rules and Regulations
Paperwork Reduction Act
DEPARTMENT OF COMMERCE
This final rule imposes no new
reporting or recordkeeping requirements
necessitating clearance by OMB.
Bureau of Industry and Security
List of Subjects in 14 CFR Part 254
Air carriers, Administrative practice
and procedure, Consumer protection.
Accordingly, the Department of
Transportation revises 14 CFR Part 254,
Domestic Baggage Liability, to read as
follows:
I
1. The authority citation for part 254
continues to read:
Authority: 49 U.S.C. 40113, 41501, 41501,
41504, 41510, 41702 and 41707.
2. Section 254.4 is revised to read as
set forth below:
I
Carrier liability.
On any flight segment using large
aircraft, or on any flight segment that is
included on the same ticket as another
flight segment that uses large aircraft, an
air carrier shall not limit its liability for
provable direct or consequential
damages resulting from the
disappearance of, damage to, or delay in
delivery of a passenger’s personal
property, including baggage, in its
custody to an amount less than $3,000
for each passenger.
3. Section 254.5 is revised to read as
set forth below:
I
Notice requirement.
rmajette on PROD1PC67 with RULES
In any flight segment using large
aircraft, or on any flight segment that is
included on the same ticket as another
flight segment that uses large aircraft, an
air carrier shall provide to passengers,
by conspicuous written material
included on or with its ticket, either:
(a) Notice of any monetary limitation
on its baggage liability to passengers; or
(b) The following notice: ‘‘Federal
rules require any limit on an airline’s
baggage liability to be at least $3,000 per
passenger.’’
Andrew B. Steinberg,
Assistant Secretary for Aviation and
International Affairs.
[FR Doc. E7–1101 Filed 1–26–07; 8:45 am]
BILLING CODE 4910–9X–P
VerDate Aug<31>2005
14:38 Jan 26, 2007
Jkt 211001
RIN 0694–AD88
Technical Corrections to the Export
Administration Regulations and to the
Defense Priorities and Allocations
System (DPAS) Regulation
Bureau of Industry and
Security, Commerce.
ACTION: Final rule; technical corrections.
I
§ 254.5
[Docket No. 061212330–6330–01]
AGENCY:
PART 254—DOMESTIC BAGGAGE
LIABILITY
§ 254.4
15 CFR Parts 700, 730, 734, 740, 748,
758 and 762
SUMMARY: The Bureau of Industry and
Security (BIS) is amending the Export
Administration Regulations (EAR), in
Subchapter C, to remove an outdated
reference to another agency’s schedule
that is no longer used by that other
agency; to remove an outdated reference
to another department’s regulations and
replace it with the department name
and regulatory reference that is
currently in use; to correct two
references in the EAR that inadvertently
directed the public to the wrong
sections of the EAR for further
information; and to correct contact
information listed in the EAR for one (1)
telephone number; one (1) fax number;
one (1) e-mail address; and two (2)
addresses to this rule adds an e-mail
address, fax number, and address to
clarify for the public where de minimis
reports should be sent, when required
by the EAR.
BIS is also correcting a typographical
error in a final rule published in the
Federal Register on July 13, 2006 (71 FR
39526) that made administrative and
technical corrections to the Defense
Priorities and Allocations System
(DPAS) Regulation (15 CFR part 700).
DATES: Effective Date: This rule is
effective: January 29, 2007.
ADDRESSES: Although this is a final rule,
comments are welcome and should be
sent to publiccomments@bis.doc.gov,
fax (202) 482–3355, or to Regulatory
Policy Division, Bureau of Industry and
Security, Room H2705, U.S. Department
of Commerce, Washington, DC 20230.
Please refer to regulatory identification
number (RIN) 0694–AD88 in all
comments, and in the subject line of
email comments. Comments on the
collection of information should be sent
to David Rostker, Office of Management
and Budget (OMB), by e-mail to
David_Rostker@omb.eop.gov, or by fax
to (202) 395–7285.
FOR FURTHER INFORMATION CONTACT: For
Export Administration Regulation
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
3943
related questions contact Timothy
Mooney, Office of Exporter Services,
Bureau of Industry and Security,
Telephone: (202) 482–2440. For Defense
Priorities and Allocations System
(DPAS) Regulation related questions
contact Liam McMenamin, Office of
Strategic Industries and Economic
Security, Bureau of Industry and
Security, U.S. Department of Commerce,
Telephone: (202) 482–2233.
SUPPLEMENTARY INFORMATION: This rule
makes the following technical
corrections to the Export Administration
Regulations (EAR):
In § 734.2 (Important EAR terms and
principles), this rule removes an
outdated reference to schedule ‘‘E’’
issued by the Bureau of Census in
paragraph (b)(8), because schedule ‘‘E’’
has not existed since 1989. Schedule
‘‘C’’ remains in existence and will
continue to be listed in paragraph (b)(8)
to provide a reference for the public for
the Classification of Country and
Territory Designations for U.S. Export
Statistics, issued by the Bureau of the
Census.
In Supplement No. 2 to Part 734
(Calculation of Values for De minimis
Rules), this rule revises paragraph (b)(5)
and adds new paragraphs (b)(5)(i),
(b)(5)(ii) and (b)(5)(iii) to add an e-mail
address, fax number, and address,
respectively, to clarify for the public
where de minimis reports should be
sent when required by the EAR and the
methods of delivery available.
In § 740.12 (Gift Parcels and
Humanitarian Donations (GFT)), this
rule corrects an outdated EAR reference
in the ‘‘note to paragraph (a)’’, that
directed the public to § 748.9(e) of the
EAR for licensing of multiple gift
parcels. The correct EAR reference,
which this rule adds to the note to
paragraph (a), is § 748.8(d). To further
assist the public, this rule also adds to
the note to paragraph (a) a reference, to
Supplement No. 2 to Part 748 paragraph
(d), for additional information regarding
gift parcels.
In § 740.14 (Baggage (BAG)), this rule
removes an outdated reference in
paragraph (e)(2) to the ‘‘Department of
Treasury Regulations (27 CFR
178.115(d)),’’ because these regulations
were renumbered from Part 178 to Part
478 when the law enforcement
functions of Alcohol, Tobacco and
Firearms (ATF) under the Department of
the Treasury were transferred to the
Department of Justice, effective January
24, 2003. To conform with these
changes, this rule removes the reference
to ‘‘the Department of Treasury’s
Regulations (27 CFR 178.115(d))’’, and
adds the updated reference to
E:\FR\FM\29JAR1.SGM
29JAR1
Agencies
[Federal Register Volume 72, Number 18 (Monday, January 29, 2007)]
[Rules and Regulations]
[Pages 3942-3943]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1101]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Part 254
RIN 2105-AD62
[Docket OST-2007-27020]
Domestic Baggage Liability
AGENCY: Department of Transportation (DOT), Office of the Secretary
(OST).
ACTION: Final Rule.
-----------------------------------------------------------------------
SUMMARY: In accordance with the provisions of 14 CFR 254.6, this final
rule revises the minimum limit on domestic baggage liability applicable
to air carriers to reflect inflation since July 2004, the year of the
most recent revision to the liability limit. Section 254.6 requires
that the Department periodically revise the limit to reflect changes in
the Consumer Price Index. The rule adjusts the minimum limit of
liability from the current amount of $2,800, set by the Department in
2004, to $3,000, to take into account the changes in consumer prices
since the prior revision.
EFFECTIVE DATE: This rule is effective on February 28, 2007.
FOR FURTHER INFORMATION CONTACT: Nicholas Lowry, Senior Attorney,
Office of Aviation Enforcement and Proceedings (C-70), Department of
Transportation, 400 Seventh St., SW., Washington, DC 20590; (202) 366-
9351.
SUPPLEMENTARY INFORMATION:
I. Supplementary Information
14 CFR Part 254 establishes minimum baggage liability limits
applicable to domestic air service, currently $2,800 per passenger (See
69 FR 56693, September 22, 2004). Provisions of 14 CFR 254.6 require
that the Department periodically review the minimum limit of liability
prescribed in Part 254 in light of changes in the Consumer Price Index
for Urban Consumers and directs the Department to revise the limit of
liability to reflect changes in the price index that have occurred in
the interim. Section 254.6 prescribes the use of a specific formula to
calculate the revised minimum liability amount when making these
periodic adjustments. Applying the formula to price index changes
occurring between July 2004 and July 2006, the appropriate inflation
adjustment is $2,500 x 203.5/168.3, or $3022.87. The provision requires
us to round the adjustment to the nearest $100, or to $3,000.
II. Waiver of Rulemaking Procedural Requirements
With this final rule, we are waiving the usual notice of proposed
rulemaking and public comment procedures set forth in the
Administrative Procedure Act (APA) (5 U.S.C. 553). The APA allows
agencies to dispense with such procedures on finding of good cause when
they are impracticable, unnecessary or contrary to the public interest.
We have determined that under 5 U.S.C. 553 (b)(3)(B) good cause exists
for dispensing with the notice of proposed rulemaking and public
comment procedures for this rule. This rulemaking is required by
regulation, based on a formula, and provides for no discretion.
Accordingly, we believe comment is unnecessary and contrary to the
public interest, and we are issuing this revision as a final rule.
Although this final rule will become effective in 30 days, the
Department will defer enforcement of the notice provision in the
revised rule, as it pertains to written notice of the new limit, for a
reasonable time period to allow carriers to replace or correct their
current paper ticket stock and envelopes so as to provide proper
written notice of the increased minimum liability limit without
imposing an undue burden. Carriers are, however, subject to enforcement
action from the effective date of this final rule if they otherwise
fail to provide proper notice of the $3,000 liability limit or fail to
apply the new limit, as appropriate.
III. Regulatory Impact Statement
Executive Order 12866
This final rule has been evaluated in accordance with the existing
policies and procedures and is considered not significant under both
Executive Order 12866 and DOT's Regulatory Policies and Procedures. It
was not reviewed by the Office of Management and Budget. Based on the
limited data available to the Department, the increase in the minimum
baggage liability limit from $2,800 to $3,000 per passenger may result
in U.S. carriers paying total additional reimbursements to consumers of
approximately $2.6 million per year.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612) does not
apply to this rulemaking because we are not required to issue a notice
of proposed rulemaking. However, we note that this revision of 14 CFR
Part 254 provides for a minimal increase in the amount of the minimum
baggage liability limit that air carriers may incur in cases of lost or
damaged baggage. It will pose minor additional costs only in those
instances in which carriers lose or damage baggage, or delay delivering
baggage to the traveler, and it affects only carriers operating large
aircraft or those carriers operating small aircraft interlining with
such carriers. As a result, many operations of small entities, such as
small air taxis and commuter air carriers, are not covered by the rule.
Moreover, any additional costs for small entities associated with the
rule should be minimal and may be covered by insurance.
[[Page 3943]]
Paperwork Reduction Act
This final rule imposes no new reporting or recordkeeping
requirements necessitating clearance by OMB.
List of Subjects in 14 CFR Part 254
Air carriers, Administrative practice and procedure, Consumer
protection.
0
Accordingly, the Department of Transportation revises 14 CFR Part 254,
Domestic Baggage Liability, to read as follows:
PART 254--DOMESTIC BAGGAGE LIABILITY
0
1. The authority citation for part 254 continues to read:
Authority: 49 U.S.C. 40113, 41501, 41501, 41504, 41510, 41702
and 41707.
0
2. Section 254.4 is revised to read as set forth below:
Sec. 254.4 Carrier liability.
On any flight segment using large aircraft, or on any flight
segment that is included on the same ticket as another flight segment
that uses large aircraft, an air carrier shall not limit its liability
for provable direct or consequential damages resulting from the
disappearance of, damage to, or delay in delivery of a passenger's
personal property, including baggage, in its custody to an amount less
than $3,000 for each passenger.
0
3. Section 254.5 is revised to read as set forth below:
Sec. 254.5 Notice requirement.
In any flight segment using large aircraft, or on any flight
segment that is included on the same ticket as another flight segment
that uses large aircraft, an air carrier shall provide to passengers,
by conspicuous written material included on or with its ticket, either:
(a) Notice of any monetary limitation on its baggage liability to
passengers; or
(b) The following notice: ``Federal rules require any limit on an
airline's baggage liability to be at least $3,000 per passenger.''
Andrew B. Steinberg,
Assistant Secretary for Aviation and International Affairs.
[FR Doc. E7-1101 Filed 1-26-07; 8:45 am]
BILLING CODE 4910-9X-P