Notice of Intent To Request Revision From the Office of Management and Budget of a Currently Approved Information Collection Activity, Request for Comments; Service Difficulty Report, 53310 [E9-24750]
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Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Notices
SUMMARY: The Department is publishing
the following notice providing guidance
on air carrier contract terms and policies
relating to reimbursement of passenger
expenses incurred in connection with
lost, damaged or delayed baggage.
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.
United States of America
Department of Transportation
Office of the Secretary
Washington, DC
Guidance on Reimbursement of
Passenger Expenses Incurred as a result
of Lost, Damaged or Delayed Baggage
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Notice
This notice is intended to give
guidance to air carriers on their policies
relating to the reimbursement of
passengers’ expenses in cases where
baggage has been lost, damaged or
delayed. We have learned that a number
of airlines have adopted policies that
purport to limit reimbursement for such
expenses in a variety of ways.
These policies may be contained in
contracts of carriage or, more often, in
informal printed advisory handouts
available from ticket counters or carrier
agents. For example, we are aware of
one such advisory handout that denies
any reimbursement ‘‘for necessities’’
where the baggage is ‘‘expected’’ to
reach the passenger within 24 hours of
filing a delayed baggage report and
limits reimbursement to actual expenses
up to a fixed maximum amount per day
after the first day. Also, some carriers
may be providing reimbursement to
passengers for incidental expenses
incurred only after the outbound leg of
a roundtrip.
The Department’s baggage liability
rule, 14 CFR part 254, contains no such
limitations, and it is the enforcement
policy of the Office of Aviation
Enforcement and Proceedings (Aviation
Enforcement Office) to consider any
arbitrary limits on expense
reimbursement incurred in cases
involving lost, damaged or delayed
baggage to violate part 254 and to
constitute an unfair and deceptive
practice and unfair method of
competition in violation of 49 U.S.C.
41712. Section 254.4 states that an air
carrier ‘‘shall not limit its liability for
provable direct or consequential
damages [emphasis added]’’ relating to
lost, damaged or delayed baggage to less
than $3,300 per passenger. To meet the
requirements of part 254 and the
VerDate Nov<24>2008
16:37 Oct 15, 2009
Jkt 220001
requirements implicit in 49 U.S.C.
41712, carriers should remain willing to
cover all reasonable, actual and
verifiable expenses related to baggage
loss, damage or delay up to the amount
stated in part 254.
Carriers should, therefore, review
their contracts of carriage and any
supplemental printed materials with
respect to provisions for reimbursement
of direct or incidental expenses related
to baggage loss, damage or delay. These
should not include terms setting
arbitrary limits on reimbursement, apart
from those set forth in part 254. If
appropriate, carriers should promptly
modify any printed documents, such as
internal procedures and guidance and
consumer informational materials, to
conform to the Department’s rules and
this guidance. After 90 days from the
date of issue of this notice, the Aviation
Enforcement Office will pursue
enforcement action in appropriate cases
where unlawful reimbursement policies
are not corrected. 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: October 9, 2009.
Dayton Lehman Jr.,
Deputy Assistant General Counsel for
Aviation Enforcement and Proceedings.
An electronic version of this
document is available at https://
www.regulations.gov.
[FR Doc. E9–24982 Filed 10–15–09; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Notice of Intent To Request Revision
From the Office of Management and
Budget of a Currently Approved
Information Collection Activity,
Request for Comments; Service
Difficulty Report
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Notice and request for
comments.
The FAA invites public
comments about our intention to request
the Office of Management and Budget
(OMB) to approve a current information
collection. Operators and repair stations
are required to report any malfunctions
and defects to the Administrator.
SUMMARY:
Please submit comments by
December 15, 2009.
DATES:
PO 00000
Frm 00098
Fmt 4703
Sfmt 4703
FOR FURTHER INFORMATION CONTACT:
Carla Mauney on (202) 267–9895, or by
e-mail at: Carla.Mauney@faa.gov.
SUPPLEMENTARY INFORMATION:
Federal Aviation Administration (FAA)
Title: Service Difficulty Report.
Type of Request: Extension without
change of an approved collection.
OMB Control Number: 2120–0663.
Forms(s): 8070–1.
Affected Public: A total of 7,695
Respondents.
Frequency: The information is
collected on occasion.
Estimated Average Burden per
Response: Approximately 9 minutes per
response.
Estimated Annual Burden Hours: An
estimated 6,107 hours annually.
Abstract: The administrator has
determined, based on evaluation of
previous accidents arid other incidents,
that certain events involving
malfunctions and defects may be
precursors to the recurrence of these
accidents. As a result, operators and
repair stations are required to report any
malfunctions and defects to the
Administrator.
ADDRESSES: Send comments to the FAA
at the following address: Ms. Carla
Mauney, Room 712, Federal Aviation
Administration, IT Enterprises Business
Services Division, AES–200, 800
Independence Ave., SW., Washington,
DC 20591.
Comments are invited on: Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the Department,
including whether the information will
have practical utility; the accuracy of
the Department’s estimates of the
burden of the proposed information
collection; ways to enhance the quality,
utility and clarity of the information to
be collected; and ways to minimize the
burden of the collection of information
on respondents, including the use of
automated collection techniques or
other forms of information technology.
Issued in Washington, DC, on October 8,
2009.
Carla Mauney,
FAA Information Collection Clearance
Officer, IT Enterprises Business Services
Division, AES–200.
[FR Doc. E9–24750 Filed 10–15–09; 8:45 am]
BILLING CODE 4910–13–M
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]]>Agencies
[Federal Register Volume 74, Number 199 (Friday, October 16, 2009)]
[Notices]
[Page 53310]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24750]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Notice of Intent To Request Revision From the Office of
Management and Budget of a Currently Approved Information Collection
Activity, Request for Comments; Service Difficulty Report
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA invites public comments about our intention to request
the Office of Management and Budget (OMB) to approve a current
information collection. Operators and repair stations are required to
report any malfunctions and defects to the Administrator.
DATES: Please submit comments by December 15, 2009.
FOR FURTHER INFORMATION CONTACT: Carla Mauney on (202) 267-9895, or by
e-mail at: Carla.Mauney@faa.gov.
SUPPLEMENTARY INFORMATION:
Federal Aviation Administration (FAA)
Title: Service Difficulty Report.
Type of Request: Extension without change of an approved
collection.
OMB Control Number: 2120-0663.
Forms(s): 8070-1.
Affected Public: A total of 7,695 Respondents.
Frequency: The information is collected on occasion.
Estimated Average Burden per Response: Approximately 9 minutes per
response.
Estimated Annual Burden Hours: An estimated 6,107 hours annually.
Abstract: The administrator has determined, based on evaluation of
previous accidents arid other incidents, that certain events involving
malfunctions and defects may be precursors to the recurrence of these
accidents. As a result, operators and repair stations are required to
report any malfunctions and defects to the Administrator.
ADDRESSES: Send comments to the FAA at the following address: Ms. Carla
Mauney, Room 712, Federal Aviation Administration, IT Enterprises
Business Services Division, AES-200, 800 Independence Ave., SW.,
Washington, DC 20591.
Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimates of the burden of
the proposed information collection; ways to enhance the quality,
utility and clarity of the information to be collected; and ways to
minimize the burden of the collection of information on respondents,
including the use of automated collection techniques or other forms of
information technology.
Issued in Washington, DC, on October 8, 2009.
Carla Mauney,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, AES-200.
[FR Doc. E9-24750 Filed 10-15-09; 8:45 am]
BILLING CODE 4910-13-M
