Providing Guidance on Airline Baggage Liability and Responsibilities of Code Share Partners Involving International Itineraries, 14837-14838 [E9-7264]
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Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Notices
of investors and the public interest.
Therefore, the Commission designates
the proposal operative upon filing.
At any time within 60 days of the
filing of the proposed rule change, the
Commission may summarily abrogate
such rule change if it appears to the
Commission that such action is
necessary or appropriate in the public
interest, for the protection of investors,
or otherwise in furtherance of the
purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–NYSEAmex–2009–02 on
the subject line.
comments received will be posted
without change; the Commission does
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make publicly available. All
submissions should refer to File
Number SR–NYSEAmex–2009–02 and
should be submitted on or before April
22, 2009.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.18
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–7217 Filed 3–31–09; 8:45 am]
BILLING CODE
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be used as a base rate for guaranteed
Paper Comments
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rate will be 3.375 (33⁄8) percent for the
to Elizabeth M. Murphy, Secretary,
April–June quarter of FY 2009.
Securities and Exchange Commission,
Pursuant to 13 CFR 120.921(b), the
100 F Street, NE., Washington, DC
maximum legal interest rate for any
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third party lender’s commercial loan
All submissions should refer to File
which funds any portion of the cost of
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file number should be included on the
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State.
rules/sro.shtml). Copies of the
Grady B. Hedgespeth,
submission, all subsequent
Director, Office of Financial Assistance.
amendments, all written statements
[FR Doc. E9–7315 Filed 3–31–09; 8:45 am]
with respect to the proposed rule
BILLING CODE 8025–01–P
change that are filed with the
Commission, and all written
communications relating to the
DEPARTMENT OF TRANSPORTATION
proposed rule change between the
Commission and any person, other than
Office of the Secretary
those that may be withheld from the
public in accordance with the
Providing Guidance on Airline
provisions of 5 U.S.C. 552, will be
Baggage Liability and Responsibilities
available for inspection and copying in
of Code Share Partners Involving
the Commission’s Public Reference
International Itineraries
Room, 100 F Street, NE., Washington,
DC 20549, on official business days
AGENCY: Office of the Secretary,
between the hours of 10 a.m. and 3 p.m. Department of Transportation.
Copies of such filing also will be
ACTION: Notice.
available for inspection and copying at
the principal office of the Exchange. All SUMMARY: The Department is publishing
the following notice on Airline Baggage
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
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17:46 Mar 31, 2009
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18 17
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CFR 200.30–3(a)(12).
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14837
Liability and Responsibilities of Code
Share Partners Involving International
Itineraries.
FOR FURTHER INFORMATION CONTACT:
Nicholas Lowry, Attorney, Office of
Aviation Enforcement and Proceedings
(C–70), 1200 New Jersey Ave.,
SE.,Washington, DC 20590, (202) 366–
9349.
This notice is intended to give
guidance to U.S. and foreign air carriers
on two tariff matters: First, tariffs
relating to liability for lost, stolen,
delayed or damaged baggage carried on
international itineraries; and second,
tariffs that appear to assign
responsibility, in code-share service, to
the operating carrier rather than the
selling carrier (i.e., the carrier shown on
the ticket).
We have become aware of tariff
provisions filed by several carriers that
attempt, with respect to checked
baggage, to exclude certain items,
generally high-cost or fragile items such
as electronics, cameras, jewelry or
antiques, from liability for damage,
delay, loss or theft. A typical provision
found in carrier tariffs and disclosed on
carrier Web sites states that the carrier
does not assume liability for loss,
damage, or delay of ‘‘certain specific
items, including: * * * antiques,
documents, electronic equipment, film,
jewelry, keys, manuscripts, medication,
money, paintings, photographs * * *.’’
Such exclusions, while not prohibited
in domestic contracts of carriage, are in
contravention of Article 17 of the
Montreal Convention (Convention),1 as
revised on May 28, 1999. Article 17
provides that carriers are liable for
damaged or lost baggage if the
‘‘destruction, loss or damage’’ occurred
while the checked baggage was within
the custody of the carrier, except to the
extent that the damage ‘‘resulted from
the inherent defect, quality or vice of
the baggage.’’ 2 Article 19 provides that
a carrier is liable for damage caused by
delay in the carriage of baggage, except
to the extent that it proves that it took
all reasonable measures to prevent the
damage or that it was impossible to take
such measures. Although carriers may
wish to have tariff terms that prohibit
passengers from including certain items
in checked baggage, once a carrier
accepts checked baggage, whatever is
contained in the checked baggage is
protected, subject to the terms of the
1 Convention for the Unification of Certain Rules
for International Carriage by Air, adopted on May
28, 1999 at Montreal.
2 The quoted language might absolve a carrier
from liability for a fragile item that is damaged
during transport. It would not absolve the carrier
from liability for the item’s loss or theft.
E:\FR\FM\01APN1.SGM
01APN1
14838
Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Notices
Convention, up to the limit of 1000
SDRs (Convention, Article 22, para. 2.).3
Carriers should review their filed tariffs
on this matter and modify their tariffs
and their baggage claim policies, if
necessary, to conform to the terms of the
Convention. In addition, carriers should
ensure that their websites do not
contain improper information regarding
baggage liability exclusions applicable
to international service.
A second issue of concern stems from
airline tariffs related to code-share
service. As a condition for approval of
international code-share services, the
Department has as a matter of policy
required that ‘‘the carrier selling such
transportation (i.e., the carrier shown on
the ticket) accept responsibility for the
entirety of the code-share journey for all
obligations established in the contract of
carriage with the passenger; and that the
passenger liability of the operating
carrier be unaffected.’’ (Order 2008–5–
19, OST–2008–0064).4 Notwithstanding
this clear language, several carriers have
filed tariff provisions that purport to
apply the terms and conditions of the
operating carrier’s contract of carriage
generally, or in certain areas such as
check-in time limits, unaccompanied
minors, carriage of animals, refusal to
transport, oxygen service, irregular
operations, denied boarding
compensation, and baggage acceptance,
allowance and liability. Others state that
passengers on code-share flights ‘‘may
be subject’’ to the operating carrier’s
baggage charges. A number of carriers
have no clear tariff rule on the subject.
The intent of this DOT code-share
approval provision may not be
circumvented by tariff provisions
attempting to allocate responsibility and
contract of carriage provisions in
different ways by the carriers involved,
or by silence on the subject. As with the
exclusionary provisions cited above,
carriers should review their tariffs and
practices and make revisions, if
necessary, to reflect the conditions
imposed in the Department’s orders
approving code-share service.
As a matter of policy, the Aviation
Enforcement Office will consider the
subject tariff provisions noted above
involving exclusionary baggage
provisions to be of no effect and in
violation of the Convention and those
3 Article 22, para. 2 also allows the passenger to
declare excess value for baggage, subject to payment
of a supplementary fee if the carrier so requires.
Some tariff provisions state that the higher declared
value shall not apply to a list of valuable articles
including ‘‘money, jewelry, silverware, negotiable
papers, securities, business documents, samples,
paintings * * *.’’ Such rules are also inconsistent
with the Convention.
4 Similar language occurs in numerous other
approvals of code-share services.
VerDate Nov<24>2008
17:46 Mar 31, 2009
Jkt 217001
involving code share relationships to be
in violation of pertinent Department
approvals of those code-share services.
The tariffs and their application, and
similar practices, in the view of the
Aviation Enforcement Office, also
constitute unfair or deceptive business
practices and unfair methods of
competition in violation of 49 U.S.C.
41712. Carriers should, therefore,
review their tariffs and practices with
respect to these two areas and, if
necessary, immediately modify their
practices to conform to the Convention
and Department code-share conditions
and, within 90 days of this notice, revise
their respective tariffs and modify
appropriately the statements of their
baggage and code-share policies on their
Web sites. After that date, the Aviation
Enforcement Office will pursue
enforcement action in appropriate cases.
This disclosure guidance, it should be
noted, also extends to ticket agents.
Questions regarding this notice may be
addressed to the Office of Aviation
Enforcement and Proceedings (C–70),
U.S. Department of Transportation, 1200
New Jersey Ave., SE., Washington, DC
20590.
Dated: March 26, 2009.
By:
Samuel Podberesky,
Assistant General Counsel for Aviation
Enforcement and Proceedings.
An electronic version of this
document is available at https://
www.regulations.gov.
[FR Doc. E9–7264 Filed 3–31–09; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Noise Exposure Map Notice; Receipt of
Noise Compatibility Program and
Request for Review; Kansas City
International Airport, Kansas City, MO
AGENCY: Federal Aviation
Administration, DOT.
ACTION: Notice.
SUMMARY: The Federal Aviation
Administration (FAA) announces its
determination that the noise exposure
maps submitted by the Kansas City
Aviation Department for the Kansas City
International Airport under the
provisions of 49 U.S.C. 47501 et seq.
(Aviation Safety and Noise Abatement
Act, herein after referred to as ‘‘the
Act’’) and 14 Code of Federal
Regulations (CFR) part 150 (hereinafter
referred to as ‘‘Part 150’’) are in
compliance with applicable
requirements. The FAA also announces
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
that it is reviewing a proposed noise
compatibility program that was
submitted for the Kansas City
International Airport under Part 150 in
conjunction with the noise exposure
map, and that this program will be
approved or disapproved on or before
September 16, 2009.
DATES: The effective date of the FAA’s
determination on the noise exposure
maps and of the start of its review of the
associated noise compatibility program
is March 20, 2009. The public comment
period ends May 19, 2009.
FOR FURTHER INFORMATION CONTACT:
FAA, Todd Madison, ACE–61 1 F, 901
Locust, Room 335, Kansas City,
Missouri 64106–2325,
todd.madison@faa.qov, 816–329–2640.
Comments on the proposed noise
compatibility program should also be
submitted to the above office.
SUPPLEMENTARY INFORMATION: This
notice announces the FAA finds that the
noise exposure maps submitted for the
Kansas City International Airport are in
compliance with applicable
requirements of Part 150, effective
March 20, 2009. Further, FAA is
reviewing a proposed noise
compatibility program for that airport
which will be approved or disapproved
on or before September 16, 2009. This
notice also announces the availability of
this program for public review and
comment.
Under 49 U.S.C., section 47503 of the
Act, an airport operator may submit to
the FAA noise exposure maps which
meet applicable regulations and which
depict non-compatible land uses as of
the date of submission of such maps, a
description of projected aircraft
operations, and the ways in which such
operations will affect such maps. The
Act requires such maps to be developed
in consultation with interested and
affected parties in the local community,
government agencies, and persons using
the airport.
An airport operator who has
submitted noise exposure maps that are
found by FAA to be in compliance with
the requirements of Part 150,
promulgated pursuant to the Act, may
submit a noise compatibility program
for FAA approval which sets forth the
measures the operator has taken or
proposes to take to reduce existing noncompatible uses and prevent the
introduction of additional noncompatible uses.
The Kansas City Aviation Department
submitted to the FAA on March 6, 2009,
noise exposure maps, descriptions and
other documentation that were
produced during the ‘‘2008 Update to 14
CFR Part 150 Noise Exposure Maps and
E:\FR\FM\01APN1.SGM
01APN1
Agencies
[Federal Register Volume 74, Number 61 (Wednesday, April 1, 2009)]
[Notices]
[Pages 14837-14838]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7264]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
Providing Guidance on Airline Baggage Liability and
Responsibilities of Code Share Partners Involving International
Itineraries
AGENCY: Office of the Secretary, Department of Transportation.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department is publishing the following notice on Airline
Baggage Liability and Responsibilities of Code Share Partners Involving
International Itineraries.
FOR FURTHER INFORMATION CONTACT: Nicholas Lowry, Attorney, Office of
Aviation Enforcement and Proceedings (C-70), 1200 New Jersey Ave.,
SE.,Washington, DC 20590, (202) 366-9349.
This notice is intended to give guidance to U.S. and foreign air
carriers on two tariff matters: First, tariffs relating to liability
for lost, stolen, delayed or damaged baggage carried on international
itineraries; and second, tariffs that appear to assign responsibility,
in code-share service, to the operating carrier rather than the selling
carrier (i.e., the carrier shown on the ticket).
We have become aware of tariff provisions filed by several carriers
that attempt, with respect to checked baggage, to exclude certain
items, generally high-cost or fragile items such as electronics,
cameras, jewelry or antiques, from liability for damage, delay, loss or
theft. A typical provision found in carrier tariffs and disclosed on
carrier Web sites states that the carrier does not assume liability for
loss, damage, or delay of ``certain specific items, including: * * *
antiques, documents, electronic equipment, film, jewelry, keys,
manuscripts, medication, money, paintings, photographs * * *.''
Such exclusions, while not prohibited in domestic contracts of
carriage, are in contravention of Article 17 of the Montreal Convention
(Convention),\1\ as revised on May 28, 1999. Article 17 provides that
carriers are liable for damaged or lost baggage if the ``destruction,
loss or damage'' occurred while the checked baggage was within the
custody of the carrier, except to the extent that the damage ``resulted
from the inherent defect, quality or vice of the baggage.'' \2\ Article
19 provides that a carrier is liable for damage caused by delay in the
carriage of baggage, except to the extent that it proves that it took
all reasonable measures to prevent the damage or that it was impossible
to take such measures. Although carriers may wish to have tariff terms
that prohibit passengers from including certain items in checked
baggage, once a carrier accepts checked baggage, whatever is contained
in the checked baggage is protected, subject to the terms of the
[[Page 14838]]
Convention, up to the limit of 1000 SDRs (Convention, Article 22, para.
2.).\3\ Carriers should review their filed tariffs on this matter and
modify their tariffs and their baggage claim policies, if necessary, to
conform to the terms of the Convention. In addition, carriers should
ensure that their websites do not contain improper information
regarding baggage liability exclusions applicable to international
service.
---------------------------------------------------------------------------
\1\ Convention for the Unification of Certain Rules for
International Carriage by Air, adopted on May 28, 1999 at Montreal.
\2\ The quoted language might absolve a carrier from liability
for a fragile item that is damaged during transport. It would not
absolve the carrier from liability for the item's loss or theft.
\3\ Article 22, para. 2 also allows the passenger to declare
excess value for baggage, subject to payment of a supplementary fee
if the carrier so requires. Some tariff provisions state that the
higher declared value shall not apply to a list of valuable articles
including ``money, jewelry, silverware, negotiable papers,
securities, business documents, samples, paintings * * *.'' Such
rules are also inconsistent with the Convention.
---------------------------------------------------------------------------
A second issue of concern stems from airline tariffs related to
code-share service. As a condition for approval of international code-
share services, the Department has as a matter of policy required that
``the carrier selling such transportation (i.e., the carrier shown on
the ticket) accept responsibility for the entirety of the code-share
journey for all obligations established in the contract of carriage
with the passenger; and that the passenger liability of the operating
carrier be unaffected.'' (Order 2008-5-19, OST-2008-0064).\4\
Notwithstanding this clear language, several carriers have filed tariff
provisions that purport to apply the terms and conditions of the
operating carrier's contract of carriage generally, or in certain areas
such as check-in time limits, unaccompanied minors, carriage of
animals, refusal to transport, oxygen service, irregular operations,
denied boarding compensation, and baggage acceptance, allowance and
liability. Others state that passengers on code-share flights ``may be
subject'' to the operating carrier's baggage charges. A number of
carriers have no clear tariff rule on the subject. The intent of this
DOT code-share approval provision may not be circumvented by tariff
provisions attempting to allocate responsibility and contract of
carriage provisions in different ways by the carriers involved, or by
silence on the subject. As with the exclusionary provisions cited
above, carriers should review their tariffs and practices and make
revisions, if necessary, to reflect the conditions imposed in the
Department's orders approving code-share service.
---------------------------------------------------------------------------
\4\ Similar language occurs in numerous other approvals of code-
share services.
---------------------------------------------------------------------------
As a matter of policy, the Aviation Enforcement Office will
consider the subject tariff provisions noted above involving
exclusionary baggage provisions to be of no effect and in violation of
the Convention and those involving code share relationships to be in
violation of pertinent Department approvals of those code-share
services. The tariffs and their application, and similar practices, in
the view of the Aviation Enforcement Office, also constitute unfair or
deceptive business practices and unfair methods of competition in
violation of 49 U.S.C. 41712. Carriers should, therefore, review their
tariffs and practices with respect to these two areas and, if
necessary, immediately modify their practices to conform to the
Convention and Department code-share conditions and, within 90 days of
this notice, revise their respective tariffs and modify appropriately
the statements of their baggage and code-share policies on their Web
sites. After that date, the Aviation Enforcement Office will pursue
enforcement action in appropriate cases. This disclosure guidance, it
should be noted, also extends to ticket agents. Questions regarding
this notice may be addressed to the Office of Aviation Enforcement and
Proceedings (C-70), U.S. Department of Transportation, 1200 New Jersey
Ave., SE., Washington, DC 20590.
Dated: March 26, 2009.
By:
Samuel Podberesky,
Assistant General Counsel for Aviation Enforcement and Proceedings.
An electronic version of this document is available at https://www.regulations.gov.
[FR Doc. E9-7264 Filed 3-31-09; 8:45 am]
BILLING CODE 4910-9X-P