Interest Rates, 14837 [E9-7315]
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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
SMALL BUSINESS ADMINISTRATION
Interest Rates
The Small Business Administration
publishes an interest rate called the
optional ‘‘peg’’ rate (13 CFR 120.214) on
a quarterly basis. This rate is a weighted
average cost of money to the
government for maturities similar to the
average SBA direct loan. This rate may
be used as a base rate for guaranteed
Paper Comments
fluctuating interest rate SBA loans. This
• Send paper comments in triplicate
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
20549–1090.
third party lender’s commercial loan
All submissions should refer to File
which funds any portion of the cost of
Number SR–NYSEAmex–2009–02. This a 504 project (see 13 CFR 120.801) shall
file number should be included on the
be 6% over the New York Prime rate or,
subject line if e-mail is used. To help the if that exceeds the maximum interest
Commission process and review your
rate permitted by the constitution or
comments more efficiently, please use
laws of a given State, the maximum
only one method. The Commission will interest rate will be the rate permitted
post all comments on the Commission’s by the constitution or laws of the given
Internet Web site (https://www.sec.gov/
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).
VerDate Nov<24>2008
17:46 Mar 31, 2009
Jkt 217001
18 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00071
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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
Agencies
[Federal Register Volume 74, Number 61 (Wednesday, April 1, 2009)]
[Notices]
[Page 14837]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7315]
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SMALL BUSINESS ADMINISTRATION
Interest Rates
The Small Business Administration publishes an interest rate called
the optional ``peg'' rate (13 CFR 120.214) on a quarterly basis. This
rate is a weighted average cost of money to the government for
maturities similar to the average SBA direct loan. This rate may be
used as a base rate for guaranteed fluctuating interest rate SBA loans.
This rate will be 3.375 (3\3/8\) percent for the April-June quarter of
FY 2009.
Pursuant to 13 CFR 120.921(b), the maximum legal interest rate for
any third party lender's commercial loan which funds any portion of the
cost of a 504 project (see 13 CFR 120.801) shall be 6% over the New
York Prime rate or, if that exceeds the maximum interest rate permitted
by the constitution or laws of a given State, the maximum interest rate
will be the rate permitted by the constitution or laws of the given
State.
Grady B. Hedgespeth,
Director, Office of Financial Assistance.
[FR Doc. E9-7315 Filed 3-31-09; 8:45 am]
BILLING CODE 8025-01-P