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shareholders for a vote, as otherwise required Advisory Council means the Advisory FOR FURTHER INFORMATION CONTACT: by Item 4 of the SEC’s form 10–K, 17 CFR Council each Bank is required to Zeenat Iqbal, Office of the Assistant 249.310. establish pursuant to section 10(j)(11) of General Counsel for Aviation * * * * * the Bank Act (12 U.S.C. 1430(j)(11)) and Enforcement and Proceedings, U.S. part 1291 of this chapter. Department of Transportation, 1200 PART 1274—FINANCIAL STATEMENT * * * * * New Jersey Ave. SE., Washington, DC OF THE BANKS 20590, 202–366–9293 (phone), 202– ■ 49. The authority citation for part PART 1291—FEDERAL HOME LOAN 366–5944 (fax), [email protected]. 1274 continues to read as follows: BANKS’ AFFORDABLE HOUSING You may also contact Blane A. Workie, PROGRAM Authority: 12 U.S.C. 1426, 1431, 4511(b), Assistant General Counsel for Aviation Enforcement and Proceedings, 4513, 4526(a). ■ 59. The authority citation for part Department of Transportation, 1200 1291 continues to read as follows: § 1274.1 [Amended] New Jersey Ave. SE., Washington, DC ■ 50. Amend § 1274.1 by removing the Authority: 12 U.S.C. 1430(j). 20590, 202–366–9342 (phone), 202– definitions for ‘‘Bank System’’ and § 1291.4 [Amended] 366–7152 (fax), [email protected]. ‘‘Financing Corporation or FICO’’. TTY users may reach these individuals ■ 60. Amend § 1291.4(f) by removing via the Federal Relay Service toll-free at the reference to ‘‘the Act’’ and adding a PART 1278—VOLUNTARY MERGERS 800–877–8339. You may obtain copies reference to ‘‘the Bank Act’’ in its place. OF FEDERAL HOME LOAN BANKS of this notice in an accessible format by Dated: October 21, 2016. ■ 51. The authority citation for part contacting the above named individuals. 1278 continues to read as follows: Melvin L. Watt, SUPPLEMENTARY INFORMATION: Director, Federal Housing Finance Agency. Authority: 12 U.S.C. 1432(a), 1446, 4511. [FR Doc. 2016–26022 Filed 11–1–16; 8:45 am] Background § 1278.1 [Amended] BILLING CODE 8070–01–P On July 15, 2011, the Department ■ 52. Amend § 1278.1 by removing the published a notice of proposed definition for ‘‘GAAP’’. rulemaking (NPRM) in the Federal DEPARTMENT OF TRANSPORTATION Register, 76 FR 41726, which addressed Subchapter E—Housing Goals and the following areas: (1) Reporting of Mission Office of the Secretary ancillary fee revenue; (2) data for PART 1281—FEDERAL HOME LOAN computation of mishandled- 14 CFR Parts 234 and 241 BANK HOUSING GOALS rates; and (3) data for mishandled [Docket No. DOT–RITA–2011–0001] wheelchairs and scooters used by ■ 53. The authority citation for part passengers with disabilities that are 1281 continues to read as follows: RIN 2105–AE41 (formerly 2139–AA13) transported in the cargo compartment. Authority: 12 U.S.C. 1430c. With regard to the reporting of ancillary Reporting of Data for Mishandled fee revenue, the Department proposed to Subpart A—General Baggage and Wheelchairs and collect detailed information about Scooters Transported in Aircraft Cargo ancillary fees paid by consumers § 1281.1 [Amended] Compartments to determine the total amount of fees ■ 54. Amend § 1281.1 by removing the AGENCY: Office of the Secretary (OST), carriers collect through the a la carte definitions for ‘‘Bank System’’, ‘‘Data Department of Transportation (DOT). pricing approach for optional services Reporting Manual (DRM)’’, and ACTION: Final rule. related to air transportation. The ‘‘Member’’. Department also proposed to alter its SUMMARY: The Department of matrix for collecting and publishing PART 1282—ENTERPIRSE HOUSING Transportation (DOT or Department) is data on mishandled baggage. For many GOALS AND MISSION issuing a final rule that changes the years the Department has required the ■ 55. The authority citation for part mishandled-baggage data that air larger U.S. air carriers to report the 1282 continues to read as follows: carriers are required to report, from the number of Mishandled Baggage Reports number of Mishandled Baggage Reports Authority: 12 U.S.C. 4501, 4502, 4511, (MBRs) filed by passengers and the total 4513, 4526, 4561–4566. (MBR) and the number of domestic number of passenger enplaned. The passenger enplanements to the number Department then divides the number of Subpart A—General of mishandled bags and the number of MBRs (the numerator) by the total enplaned bags. Fees for number of passengers enplaned (the § 1282.1 [Amended] may have changed customer behavior denominator) and multiplies the result ■ 56. Amend § 1282.1 by removing the regarding the number of bags checked, by 1,000 in order to arrive at a rate of definition for the term ‘‘HUD’’. potentially affecting mishandled- MBRs per 1,000 passengers which it baggage rates. Finally, this rule fills a publishes in its monthly Air Travel PART 1290—COMMUNITY SUPPORT data gap by collecting separate statistics Consumer Report. For example, if an REQUIREMENTS for mishandled wheelchairs and airline reports 800 MBRs and 600,000 ■ 57. The authority citation for part scooters used by passengers with passengers enplaned, that carrier will 1290 continues to read as follows: disabilities and transported in aircraft have a published rate of 1.3 MBRs per Authority: 12 U.S.C. 1430(g), 4511, 4513. cargo compartments. An additional 1,000 passenger enplanements. In the ■ 58. Amend § 1290.1 by revising the topic covered in the proposed rule, the NPRM, rather than compute the number definition of ‘‘Advisory Council’’ to read reporting of airline fee revenues, of Mishandled Baggage Reports per unit as follows: remains open and is not addressed in of domestic enplanements the this rulemaking. Department proposed using the number § 1290.1 Definitions. DATES: This rule is effective December 2, of mishandled bags per unit of total bags * * * * * 2016. checked. As noted in the NPRM,

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passenger behavior was altered Department intended to pose to the the number of mishandled bags rather regarding the unit of bags checked when public in order to receive input on the than the number of Mishandled Baggage many air carriers began charging costs and benefits associated with the Reports filed by passengers, and the passengers for each bag that they check. proposals outlined in the July 15, 2011, total number of domestic checked bags We believe that airline passengers NPRM. This public meeting was held at enplaned rather than the number of would have better information to the Department’s headquarters on May domestic passenger enplanements. As compare airline services if the matrix for 17, 2012. Attendees provided the noted above, the Department stated in mishandled baggage were changed to Department with oral comments, a the NPRM that it believes that the the number of the actual mishandled transcript of which is available in the current matrix for comparing airline bags per unit of checked bags rather public docket. Subsequent to the public mishandled baggage performance is than the number of Mishandled Baggage meeting, American , Delta Air outdated and the proposed changes Reports filed by passengers per unit of Lines, and US Airways submitted would give airline passengers better domestic scheduled-service passenger additional written comments. information to compare airline services. enplanements. As explained below in In general, consumers, consumer Passenger behavior was altered greater detail, although the NPRM associations, disability associations, and regarding the number of bags checked proposed to require carriers to report the support the rule as proposed when many air carriers began charging total number of ‘‘checked bags,’’ in this while many airlines and airline passengers for each bag that they check. final rule we are clarifying this term to associations oppose it. The section-by- Although the Department did not mean the total number of ‘‘checked bags section analysis will describe each specifically solicit comments on enplaned.’’ Consequently, a one-way provision of the final rule. alternative methodologies for reporting connecting passenger would have his or On January 17, 2014, President mishandled baggage, comments her checked bag counted each time the Obama signed into law the Consolidated received from air carriers and their bag was enplaned—i.e., at the origin Appropriations Act, 2014 (Pub. L. 113– associations led the Department to point and at the connecting point. This 76), which included language consider alternatives discussed below. is consistent with the manner in which transferring the powers and duties, Comments: Consumers and consumer the existing rule requires the total functions, authorities and personnel of groups, as well as ACI–NA and one number of passengers enplaned to be the Department’s Research and carrier, , stated that reported. Finally, the Department Innovative Technology Administration the proposed methodology would proposed to collect information (RITA) to the Office of the Assistant render more accurate and useful results. regarding damage, delay or loss of Secretary for Research and Technology The current methodology, these wheelchairs and scooters transported in (OST–R) in the Department’s Office of comments asserted, compares unrelated the aircraft cargo compartment. the Secretary. Thus, the Office of the numbers since fewer passengers The Department received 278 Assistant Secretary for Research and currently check bags than when the comments in response to the NPRM, Technology is now an office within the methodology was devised. Consumer including several representing the views Office of the Secretary. Based on the groups commented that the Department of multiple entities. Of these, eight Act, this rulemaking received a new should capture data regarding the comments were from members of the regulation identifier number. number of mishandled bags that were airline industry, representing the views checked at the , in addition to the of Allegiant Air, American Airlines, Comments and Responses number of mishandled bags that were Delta Air Lines, Southwest Airlines, 1. Reporting of Ancillary Fee Revenue checked at check-in counters and self- Spirit Airlines, United Air Lines, US service bag drop locations. Airways, and . Six The Department bifurcated its On the other hand, A4A (excluding comments were from industry rulemaking on the reporting of ancillary JetBlue and Southwest Airlines), RAA, associations, representing the views of fee revenue into two separate rules: this and the carriers that submitted Airports Council International, North rule to address the reporting of data comments, with the exception of America (ACI–NA), the Air Transport used in the computation of mishandled Southwest Airlines, contend that the Association of America (ATA) [now baggage and wheelchair/scooter rates Department’s long-standing known as (A4A)], (2104–AE41), and another rule to methodology for calculating mishandled the American Aviation Institute (AAI), address the reporting of ancillary fee baggage is useful and valid. They the American Society of Travel Agents revenue (2105–AE31). These commented that the proposed (ASTA), the Association of Retail Travel rulemakings were split as they address methodology would cost industry more Agents (ARTA), and the Regional unrelated matters and their separation than the current methodology. Increased Airline Association (RAA). The will make it easier for stakeholders to costs would stem primarily from Department received two comments locate information about a particular recording interlined baggage, gate- from FlyersRights.org and 260 topic embodied in each separate rule. checked baggage, and ‘‘valet’’ bags. comments from individuals, including The Department’s rulemaking on the (Interlined baggage is checked baggage 219 from members of FlyersRights.org. reporting of ancillary fee revenue, of a passenger whose itinerary does not Other consumer and disability including an analysis of the public involve a code-share but includes more associations, including Consumer comments received in response to the than one airline. Gate-checked baggage Action, the Consumer Federation of 2011 NPRM and 2012 public meeting, is baggage that the passenger brought to America, Consumers Union, the remains open. the gate but which was taken by the Consumer Travel Alliance, the National carrier at that location and checked into 2. Mishandled Baggage Consumers League, the Open Doors the baggage compartment of the aircraft. Foundation, and the Paralyzed Veterans The NPRM: In the NPRM, the Valet bags, sometimes called planeside of America submitted comments. Department proposed changing the bags, are bags that a passenger drops at On April 27, 2012, the Department methodology for reporting mishandled the end of the loading bridge or on the published a notice of public meeting in baggage on a domestic system basis, tarmac near the aircraft and which the Federal Register, 77 FR 25105, excluding charter flights. The rule’s carrier personnel load into the baggage listing a series of questions that the proposed text would require reporting compartment of the aircraft, a process

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that is frequently used by regional Notice of Proposed Rulemaking on multiple mishandled bags. In addition, airlines.) In addition, individual carriers Transparency of Airline Ancillary Fees the Department has decided to include commented that the proposed and Other Consumer Issues (‘‘Consumer in its revised mishandled baggage methodology would mislead the public, Rule 3’’) 1 that would amend the methodology all checked bags, and would benefit Southwest Airlines to mishandled baggage reporting rule (14 including those checked at the gate and the detriment of all other carriers, CFR 234.6) to require reports ‘‘for all ‘‘valet’’ bags. As the GAO noted, as the regardless of each carrier’s ability to domestic scheduled passenger flight amount of checked baggage has properly handle bags. One carrier, US segments that are held out with the decreased, the amount of carry-on Airways, disagreed with a conclusion in reporting carrier’s code . . . ,’’ baggage has increased, resulting in a report issued by the Government including flights operated for a carrier airlines’ having to check more bags at Accountability Office (GAO; report by its regional-carrier code-share the gate. The Department believes that GAO–10–785, July 2010) that bag fees partners. A4A stated that the data are the new methodology in this rule will had altered consumer behavior by not captured by flight segment today better inform passengers of their leading them to check fewer bags, thus and that devising a system to do so chances to retrieve their gate-checked resulting in fewer MBRs. A4A would be costly and time-consuming. baggage in an acceptable and timely (excluding JetBlue and Southwest A4A also objected to language in that manner. Airlines) and RAA recommended that NPRM which the organization said The Department agrees with the should the Department deem a change could impede ‘‘valet’’ or ‘‘planeside’’ suggestion from A4A (excluding JetBlue is necessary, the denominator of the rate baggage service widely offered by and Southwest Airlines) and RAA that calculation should be the total number regional carriers and would have to be the Department use the number of of domestic enplaned bags rather than coordinated with the Transportation domestic bag enplanements rather than origin-and-destination bags. For Security Administration (TSA). origin-and-destination bags in the Finally, the Department received example, for a passenger with a checked denominator. We have revised the comments questioning which airline bag who is traveling one-way from language of the relevant section must report baggage in interline Denver to Boston with a connection accordingly. Using the enplaned-bag situations or when multiple airlines (change of planes) in Chicago, a ‘‘total approach will avoid the costs that enplaned bags’’ system would count the place their codes on a single flight. would be entailed for tracking a given bag twice, i.e. when it was enplaned on DOT Response: The Department has bag from origin to destination for the Denver-Chicago flight and again decided to require that airlines report connecting passengers under an origin- when it was enplaned on the Chicago- mishandled baggage in terms of the and-destination approach. The use of Boston flight. An ‘‘origin-and- number of mishandled bags and the ‘‘enplaned bag’’ language in the final destination’’ system would only count total number of domestic enplaned bags, rule also results in a carrier receiving the bag once, as a bag moving from excluding charter flights. A bag will be ‘‘credit’’ for a properly-handled bag on Denver to Boston regardless of the flight counted as ‘‘enplaned’’ on each flight of each flight of a passenger’s journey. This or flights that were used.) Southwest a passenger’s journey. For example, if a ensures that when bags travel on multi- Airlines expressed concern with using passenger were traveling one-way from total domestic enplaned bags as the Denver to Boston with a connection in carrier itineraries or when interline denominator, claiming that to do so Chicago from one flight to another, the agreements allow carriers to check bags would benefit hub-and-spoke carriers at bag will be counted twice (once for each through to the passenger’s final the expense of point-to-point carriers. flight). Consistent with this approach, if destination, even when that passenger American Airlines, Delta Air Lines, that passenger were instead traveling on possesses more than one ticket, the and US Airways commented that the a direct flight from Denver to Boston operating carrier on each flight will Department severely underestimated the with an intermediate stop in Chicago receive ‘‘credit’’ for a properly-handled cost of complying with the proposed but no change of planes, the bag would bag. For example, if a passenger travels rule. They noted for gate-checked and be counted only once—when it was on a flight operated by airline A from ‘‘valet’’ bags, carriers would have to enplaned in Denver. Washington, DC to Los Angeles, and a replace a manual bag tagging system Passenger behavior was reportedly flight operated by airline B from Los with an automated one. Delta Air Lines altered when many air carriers began Angeles to Honolulu, for the stressed the importance of using an charging passengers for each checked ‘‘denominator’’ figure airline A would automated system because less than one bag. Specifically, the GAO report cited include the passenger’s checked baggage hundredth of one percent often above stated that the introduction of in its reporting for the Washington—Los separates competitors in the baggage fees resulted in a decline of 40 Angeles flight while airline B would Department’s mishandled baggage to 50 percent in the number of checked include the passenger’s checked baggage rankings. That carrier estimated this bags with a corresponding 40 percent in its reporting for the Los Angeles— would cost up to $10 million in new decline in the number of MBRs per Honolulu flight. The same piece of equipment and $900,000 in 1,000 passengers (GAO–10–785, July luggage would be reported by both programming, while requiring 18 to 24 2010, page 25). The ratio between airlines (on different flights), thus giving months to fully implement. US Airways checked bags and the number of both airlines the chance to receive estimated that automation would cost passengers can vary greatly depending ‘‘credit’’ for handling the bag. Whether $1 million in new equipment and $1 on the fees charged. Moreover, there is or not airlines A and B operate one or million in programming. In addition, not a direct relationship between the both of those flights as part of a code- Delta Air Lines commented that the rule number of MBRs and the number of share or as part of an interline would cause operational delays and mishandled (i.e., lost, stolen, delayed, agreement would have no impact on passenger inconvenience because of the damaged, and pilfered) bags because a their reporting requirements. In the time involved in printing and then single MBR could be submitted by a comments received from A4A scanning automated bag tags. family—or even an individual—with (excluding JetBlue and Southwest) and On January 12, 2016, A4A filed RAA, the associations noted that the supplemental comments. The 1 79 FR 29970, May 23, 2014, Docket DOT–OST– ‘‘enplanement’’ approach would resolve organization objected to language in the 2014–0056. much of the complexity stemming from

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interlining, gate checking, and ‘‘valet’’ access to it in the sterile area of the number of incidents, while providing bag situations. Thus, the Department . A4A stated that this means that passengers with disabilities with a believes that adopting the suggested carriers could no longer return these metric for making better-informed travel methodology of A4A (excluding JetBlue bags to passengers on the at decisions. The Paralyzed Veterans of and Southwest) and RAA will result in the conclusion of the flight. However, America and the Consumer Travel lower compliance costs for air carriers. the rule does not require the use of Alliance made similar supportive Using the total number of domestic ABTs. In addition, TSA has advised the comments, noting that their members bag enplanements rather than bags Department that TSA’s interest is in frequently request this currently- checked for origin-destination trips ensuring that passengers do not have unavailable data, although the former further reduces the rule’s cost because access in the secure area of an airport to group did request that the Department air carriers already count pieces of a checked bag that has not passed define ‘‘mishandled’’ in its regulation. checked baggage in order to comply through the passenger security ACI–NA commented that the proposed with the Federal Aviation screening checkpoint. Valet bags are rule will increase accessibility of Administration’s (FAA) existing weight- screened at that checkpoint. TSA airports in general because passengers and-balance requirements. The FAA explained that attaching an ABT to a bag will know more about the air travel requires that carriers maintain, for at that the passenger has carried through experience. least three months, the number of the screening checkpoint, or referring to On the other hand, A4A (excluding ‘‘standard,’’ ‘‘heavy,’’ and ‘‘non- such a bag as a checked bag, would not Southwest Airlines) and RAA luggage’’ bags carried in the cargo trigger the prohibition on the passenger commented that the Department had no compartment. Delta Air Lines confirmed having access to that bag in the airport’s basis for concluding that passengers at the May 17, 2012, public meeting secure area. with disabilities are reluctant to travel that, because of the FAA requirements, The Department is not prescribing a by air due to wheelchair mishandling, the carrier already possesses a tally of particular mechanism through which air and that the proposal lacked a public bags transported in the cargo carriers must capture the data required policy justification. Several air carriers compartment on each of its domestic by this rule. Carriers may adopt asserted that the Air Carrier Access Act scheduled flights. whichever method they find best suited and its implementing regulation (14 With respect to A4A’s January 12, to their business model. In terms of CFR part 382) already provide carriers 2016, supplemental comments, the ‘‘valet’’ bags, for example, this rule does with an incentive to handle these language in the ‘‘Consumer Rule 3’’ not require air carriers to provide devices properly. The associations, NPRM concerning reporting by flight passengers with individual bag claims individual airlines, and ARTA segment referred to a separate proposal that must be matched to bags on arrival; commented that the proposed rule was in that proceeding that would require instead, air carriers need only ensure unduly burdensome on industry. In carrier reports about on-time that the ‘‘valet’’ bag is properly counted particular, these comments noted that performance, oversales, and mishandled in the data reported to the Department. wheelchairs and scooters are manually baggage to include data for flights Finally, the Department has made a tagged and checked, and thus air operated by their domestic code-share ministerial change to its proposed rule. carriers would need to implement a new partners. The phrase ‘‘for all domestic In its NPRM, the Department cited ‘‘49 mechanism to capture the required data. scheduled passenger flight segments U.S.C. 329 and chapters 41101 and In written comments, American Airlines that are held out with the reporting 41701’’ as the authority for the and Delta Air Lines commented that carrier’s code’’ in that NPRM was mishandled baggage portion of the rule. there would be high costs involved in simply intended to capture the code- The correct citation is: ‘‘49 U.S.C. 329, programming systems to differentiate share operations, not to require 41101 and 41701.’’ wheelchairs and scooters transported in reporting by flight segment. If this the cargo compartment from the larger Consumer Rule 3 proposal is finalized, 3. Data for Wheelchairs and Scooters universe of all checked baggage. At the we will modify the phrase in question Transported in Aircraft Cargo May 17, 2012, public meeting, US to make this clear. This final rule simply Compartments Airways stated that costs would be high, requires carriers to count the number of A. Reporting Mishandled Wheelchairs while others, including Delta Air Lines checked bags that are enplaned on each and Scooters Transported in the Cargo and Southwest Airlines, indicated the flight; it does not require carriers to opposite. As an alternative to the Compartment conduct segment-by-segment tracking of Department’s proposal, several carriers the number of bags on board each The NPRM: The Department proposed proposed the establishment of a working segment of a direct flight, nor does it requiring carriers to report the number group to devise a workable method of require origin-destination (‘‘O&D’’) of mishandled wheelchairs and scooters capturing the required data. tracking based on each passenger’s and the total number of wheelchairs/ The Open Doors Foundation did not itinerary. scooters transported in the aircraft cargo support the proposed rule. This A4A also contended in its January 12, compartment. The Department sought organization commented that collecting 2016, comments that in order to comply public comment to better understand this data would lead to competition with the instant rule as proposed, the the scope of this issue and whether the among carriers in an area that should only realistic solution for most carriers prospect of loss, damage or delay of not be competitive, would cause airlines is to begin tracking ‘‘valet bags’’ in the such devices or the lack of data made to reduce training and policies to the same way that all other checked bags are consumers with disabilities reluctant to bare minimum needed to obtain ‘‘good’’ tracked today—with an automated bag travel by air. numbers, and would divert Department tag (ABT) that is linked to the Comments: In general, consumers resources from other projects intended passenger’s Passenger Name Record, voiced support for the proposal to to make air travel more accessible. rather than the existing paper valet tags. require air carriers to break out data on Although A4A’s comments opposing A4A further asserted that once a bag is the number of mishandled wheelchairs the Department’s proposal represented tagged with an ABT, TSA requires it to and scooters transported in the aircraft the views of all of that association’s be treated like all other checked baggage cargo compartment, maintaining that members except Southwest Airlines, US and prohibits the traveler from having such reporting would reduce the Airways filed a supplemental comment

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after the May 17, 2012, public meeting act as an additional incentive, but most to other modes of transportation. Many in which it indicated that it did not importantly will provide passengers air carriers commented that capturing object to the Department’s proposal to with disabilities with a metric that they data on mishandled wheelchairs and require carriers to report the number of may use to compare air carriers and to scooters transported in the passenger mishandled wheelchairs and scooters make informed travel decisions. The cabin would prove unworkable since no transported in the aircraft cargo Department agrees with US Airways’ data is kept about items transported in compartment. US Airways commented comment that capturing data on the the cabin. US Airways commented that that it would need one year to update incidence of wheelchair and scooter it would not oppose an extension of the software to distinguish wheelchairs and mishandling is in line with a carrier’s rule to other mobility devices so long as scooters from other checked baggage obligations and duties to passengers the Department explicitly listed which and that it should have the option of with disabilities. mobility devices were covered by the stowing some assistive devices in the The Department appreciates the rule, and so long as the Department passenger cabin. concerns raised by Open Doors. While explicitly excluded mobility devices not DOT Response: The Department has we believe that air carriers do strive to used by passengers with disabilities. decided to require carriers to report the provide good service to passengers with Members of the public made number of mishandled wheelchairs and disabilities, we continue to think that numerous recommendations intended to scooters and the number of wheelchairs/ consumers with disabilities have the improve the air travel experience for scooters accepted for transport in the right to know which airlines provide the passengers with disabilities. These aircraft cargo compartment. The best service and have a right to select recommendations included the creation Department’s applicable definition of their air carriers based on that of a uniform damage form, a ‘‘mishandled’’ is found at 14 CFR 234.1, knowledge. In addition, the requirement that air carriers maintain a which defines ‘‘mishandled’’ as ‘‘loss, Department’s existing disability list of repair shops located near each delay, damage, or pilferage.’’ When regulations already require airlines to airport served, a blanket exemption issuing its NPRM, the Department provide training to their employees. The from all ancillary fees for passengers intended for the same definition to new rule provides further incentive to with disabilities, a mandated retrofitting apply to mishandled wheelchairs and airlines to provide the training of aircraft so that all mobility devices scooters. The Department agrees with necessary to result in as little may be transported in the passenger the many comments received from the mishandling as possible to wheelchairs cabin, and a prohibition on the gate- public and disability rights groups that and scooters. Finally, this rulemaking checking of assistive devices. this rule will make air travel more does not divert the Department’s DOT Response: The Department accessible as it will provide the attention from other objectives, e.g., believes that requiring the reporting of traveling public with the data necessary issuing rules requiring accessible in- data on the mishandling of all assistive to make informed travel decisions. flight entertainment systems, but devices, particularly those transported The number of wheelchairs and instead provides passengers with in the passenger cabin, is impracticable. scooters accepted for transport in the mobility impairments, who represent a The Department understands that aircraft cargo compartment is to be large segment of the population of airlines do not have a mechanism for included in the total number of checked travelers with disabilities, with tracking items carried in the passenger bags enplaned. Similarly, the number of information they deserve and need to cabin. Further, wheelchairs and scooters mishandled wheelchairs and scooters is make informed travel decisions. are generally checked as single items, to be included in the number of while other assistive devices are B. Extension of the Rule to Other mishandled checked bags. We believe generally stored inside baggage. Assistive Devices and/or Devices that the number of mishandled bags Requiring the reporting of data on Transported in the Passenger Cabin (and the rate of mishandled bags per assistive devices stored inside checked 1,000 bags enplaned, which will be The NPRM: The Department solicited baggage would require passengers and calculated by DOT and included in our comments on whether the rule should airlines to inventory such baggage. As a Air Travel Consumer Report) should be extended to all wheelchairs and result, the Department will require that include all items of which the carrier scooters, regardless of whether they are carriers report data only on scooters and took custody. transported in the passenger cabin or in wheelchairs. In response to comments from the cargo compartment, and whether the The Department appreciates the industry that there is no basis to rule should apply to other mobility additional recommendations received conclude that passengers with devices, e.g., walkers. from the general public, including the disabilities are reluctant to travel by air Comments: Many consumers and application of this rule to cover other due to wheelchair and scooter disability rights organizations modes or to foreign air carriers, but mishandling, the Department believes commented that the Department should concludes that these recommendations that the public comments received from extend the rule in this manner. These fall outside the scope of the current air travelers with disabilities and comments generally relied on the same rulemaking. disability rights organizations are rationale as for their support of the representative of a widespread proposed reporting requirement for 4. Compliance Date reluctance. It is public policy that air mishandled wheelchairs and scooters The NPRM: The Department did not travel should be accessible to all transported in the cargo compartment; propose a specific compliance date. members of the public, and the namely, that the number of mishandled Comments: None of the public Department believes that this rule assistive devices will be reduced and comments received prior to the May 17, advances that policy goal. The consumers with disabilities will have 2012, public meeting related to the Department appreciates that the Air data necessary to make better-informed compliance date of this rule. During the Carrier Access Act and 14 CFR part 382 travel decisions. The Paralyzed Veterans public meeting and in subsequent have provided air carriers with an of America further recommended that public comments, most air carriers incentive to handle wheelchairs and this rule be applied to foreign air commented that they would need 12 to scooters properly. The Department carriers and a member of the public 24 months after the final rule is believes that this final rule will not only recommended that this rule be applied published in the Federal Register to

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comply because of time necessary for re- sharpen and performance in baggage Deregulation Act, 49 U.S.C. 41713. programming existing systems, handling can be expected to improve. Therefore, the consultation and funding installing new equipment, and training As for reporting of wheelchairs and requirements of Executive Order 13132 employees. In addition, Delta Air Lines scooters, making information available do not apply. and US Airways commented that a to the public on each carrier’s D. Executive Order 13084 compliance date of January 1 would be performance on handling wheelchairs preferable because it would provide the and scooters would enable passengers This final rule has been analyzed in clearest demarcation between data sets. with disabilities to make better accordance with the principles and DOT Response: The Department has decisions about which carrier to fly. criteria contained in Executive Order determined that air carriers must Comments submitted in this rulemaking 13084 (‘‘Consultation and Coordination comply with the new reporting from air travelers with disabilities and with Indian Tribal Governments’’). requirements for air transportation disability rights organizations suggest Because this final rule does not taking place on or after January 1, 2018. that fear of the airlines damaging or significantly or uniquely affect the The Department agrees with Delta Air losing wheelchairs and scooters creates communities of the Indian Tribal Lines and US Airways that a January 1 a reluctance to fly among those governments or impose substantial compliance date provides a clear dependent on these devices. The direct compliance costs on them, the demarcation between data sets, expected present value of costs incurred funding and consultation requirements corresponding with a change in the type by carriers to comply with the final rule of Executive Order 13084 do not apply. over a 10 year period using a 7% of data reported by air carriers. In E. Paperwork Reduction Act particular, given that this rule discount rate is estimated at $2,064,588 significantly changes the mishandled and using a 3% discount rate is This rule adopts new and revised baggage metric, choosing the first day of estimated at $2,483,436. The final information collection requirements the year as the compliance date will Regulatory Evaluation has concluded subject to the Paperwork Reduction Act make future year-over-year comparisons that the benefits of the final rule justify (PRA). The Department will publish a more meaningful. In addition, the its costs. A copy of the final Regulatory separate notice in the Federal Register selection of this compliance date Evaluation has been placed in the inviting the Office of Management and provides air carriers with adequate time docket. Budget (OMB), the general public, and other Federal agencies to comment on to update their internal systems and B. Regulatory Flexibility Act reporting processes. the new and revised information Based on this compliance date, data The Regulatory Flexibility Act (5 collection requirements contained in in this new format on mishandled U.S.C. 601 et seq.) requires an agency to this document. As prescribed by the baggage for the month of January 2018 review regulations to assess their impact PRA, the requirements will not go into will be due February 15, 2018. Data on on small entities unless the agency effect until OMB has approved them mishandled wheelchairs and scooters determines that a rule is not expected to and the Department has published a transported in aircraft cargo have a significant economic impact on notice announcing the effective date of compartments for the month of January a substantial number of small entities. the information collection requirements. 2018 will also be due February 15, 2018. DOT defines small carriers based on the standard published in 14 CFR 399.73 as F. Unfunded Mandates Reform Act Regulatory Analyses and Notices carriers that provide air transportation The Department has determined that the requirements of Title II of the A. Executive Order 12866 (Regulatory exclusively with aircraft that seat no Unfunded Mandates Reform Act of 1995 Planning and Review) and DOT more than 60 passengers. No small U.S. do not apply to this rule. Regulatory Policies and Procedures air carriers are affected by these requirements, as they apply only to the G. National Environmental Policy Act This action has been determined not ‘‘reporting carriers,’’ i.e., U.S. carriers to be significant under Executive Order that account for at least 1 percent of The Department has analyzed the 12866 and the Department of domestic scheduled passenger revenue. environmental impacts of this proposed Transportation’s Regulatory Policies and No small carriers as defined in 14 CFR action pursuant to the National Procedures. It has not been reviewed by 399.73 are included in this group. On Environmental Policy Act of 1969 the Office of Management and Budget. the basis of this examination, I hereby (NEPA) (42 U.S.C. 4321 et seq.) and has These changes make the measure of the certify that this rule will not have a determined that it is categorically published mishandled baggage rate significant economic impact on a excluded pursuant to DOT Order more informative for ticket purchasers substantial number of small entities. 5610.1C, Procedures for Considering trying to assess risk. The new metric of Environmental Impacts (44 FR 56420, number of bags reported as mishandled C. Executive Order 13132 (Federalism) Oct. 1, 1979). Categorical exclusions are reveals more than the old figure of the This final rule has been analyzed in actions identified in an agency’s NEPA number of reports of mishandled bags, accordance with the principles and implementing procedures that do not since a single passenger report can cover criteria contained in Executive Order normally have a significant impact on multiple bags or even multiple 13132 (‘‘Federalism’’). This final rule the environment and therefore do not passengers (e.g., several members of a does not include any provision that: (1) require either an environmental family). Also, the number of enplaned Has substantial direct effects on the assessment (EA) or environmental checked bags is more helpful than the States, the relationship between the impact statement (EIS). See 40 CFR number of passengers, particularly given national government and the States, or 1508.4. In analyzing the applicability of that the ratio of checked bags to the distribution of power and a categorical exclusion, the agency must passengers will tend to vary among responsibility among the various levels also consider whether extraordinary carriers depending on their baggage of government; (2) imposes substantial circumstances are present that would allowances and fees. With purchasers direct compliance costs on State and warrant the preparation of an EA or EIS. better informed on the comparative local governments; or (3) preempts State Id. Paragraph 3.c.6.i of DOT Order performance of different carriers, law. States are already preempted from 5610.1C categorically excludes competition among airlines should regulating in this area by the Airline ‘‘[a]ctions relating to consumer

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protection, including regulations.’’ The (2) The total number of wheelchairs strong tribal governments; ensuring that purpose of this rulemaking is to change and scooters that were enplaned in the the Indian tribe is the primary the way in which air carriers report aircraft cargo compartment; beneficiary of the gaming operation; and mishandled baggage to the Department (3) The number of mishandled declaring that the establishment of and fill a data gap by collecting separate checked bags, including gate-checked independent federal regulatory statistics for mishandled wheelchairs baggage, ‘‘valet bags,’’ interlined bags authority for gaming on Indian lands, and scooters used by passengers with and wheelchairs and scooters that were the establishment of federal standards disabilities and transported in aircraft enplaned in the aircraft cargo for gaming on Indian lands, and the cargo compartments. The Department compartment; and establishment of a National Indian does not anticipate any environmental (4) The number of mishandled Gaming Commission are necessary to impacts, and there are no extraordinary wheelchairs and scooters that were meet congressional concerns regarding circumstances present in connection enplaned in the aircraft cargo gaming and to protect such gaming as a with this rulemaking. compartment. means of generating tribal revenue. 25 (c) The information in paragraphs (a) Issued this 18th day of October, 2016, in U.S.C. 2702. Washington, DC. and (b) of this section shall be submitted to the Department within 15 days after II. Corrections Anthony R. Foxx, the end of the month to which the Secretary of Transportation. 25 CFR Part 517—Freedom of information applies and must be Information Act Procedures List of Subjects in 14 CFR Part 234 submitted with the transmittal This document revises 25 CFR 517.2 accompanying the data for on-time Air carriers, Mishandled baggage, On- to reflect the correct physical address. performance in the form and manner set time statistics, Reporting, Uniform This document also amends 25 CFR forth in accounting and reporting system of accounts. 517.4(a) and 517.8(b)(2) to reflect the directives issued by the Director, Office correct mailing address. Accordingly, the Department of of Airline Information. Transportation amends 14 CFR chapter [FR Doc. 2016–26181 Filed 11–1–16; 8:45 am] 25 CFR Part 584—Appeals Before a II as follows: BILLING CODE 4910–9X–P Presiding Official PART 234—[AMENDED] This document revises the heading of 25 CFR part 584. ■ DEPARTMENT OF THE INTERIOR 1. The authority citation for part 234 25 CFR Part 585—Appeals to the is revised to read as follows: National Indian Gaming Commission Commission Authority: 49 U.S.C. 329, 41101, and This document revises the heading of 41701. 25 CFR Parts 517, 584, and 585 25 CFR part 585. ■ 2. Section 234.2 is amended by adding the definition of ‘‘Mishandled checked RIN 3141–AA21, 3141–AA57 III. Certain Findings bag’’ in alphabetical order, to read as Various National Indian Gaming Under the Administrative Procedure follows: Commission Regulations Act, a notice of proposed rulemaking is not required when an agency, for good § 234.2 Definitions. AGENCY: National Indian Gaming cause, finds that notice and public * * * * * Commission. comments are impractical, unnecessary, Mishandled checked bag means a ACTION: Correcting amendments. or contrary to the public interest. checked bag that is lost, delayed, Because the revisions here are technical damaged or pilfered, as reported to a SUMMARY: The National Indian Gaming in nature and intended solely to update carrier by or on behalf of a passenger. Commission (NIGC) amends various the NIGC’s current mailing address the * * * * * regulations previously issued. The NIGC NIGC is publishing a technical moved its headquarters and needs to ■ 3. Section 234.6 is revised to read as amendment. update the address. The agency also follows: revises two headings by shortening IV. Regulatory Matters § 234.6 Baggage-handling statistics. them. Executive Order 13175 (a) For air transportation taking place DATES: Effective November 17, 2016. The National Indian Gaming before January 1, 2018, each reporting FOR FURTHER INFORMATION CONTACT: Commission is committed to fulfilling carrier shall report monthly to the Mary Modrich-Alvarado, Staff Attorney, its tribal consultation obligations— Department on a domestic system basis, (202) 632–7003. whether directed by statute or excluding charter flights, the total SUPPLEMENTARY INFORMATION: administrative action such as Executive number of passengers enplaned system- Order 13175 (Consultation and I. Background wide and the total number of Coordination with Indian Tribal mishandled-baggage reports filed with The Indian Gaming Regulatory Act Governments)—by adhering to the the carrier. (IGRA or the Act), Public Law 100–497, consultation framework described in its (b) For air transportation taking place 25 U.S.C. 2701 et seq., was signed into Consultation Policy published on July on or after January 1, 2018, each law October 17, 1988. The Act 15, 2013. Due to the ministerial nature reporting carrier shall report monthly to established the NIGC and set out a of the action being taken here, the Department on a domestic system comprehensive framework for the consultation is not required under the basis, excluding charter flights: regulation of gaming on Indian lands. NIGC’s Consultation Policy. (1) The total number of checked bags The purposes of the Act include: enplaned, including gate checked Providing a statutory basis for the Regulatory Flexibility Act baggage, ‘‘valet bags,’’ interlined bags, operation of gaming by Indian tribes as This rule will not have a significant and wheelchairs and scooters enplaned a means of promoting tribal economic economic effect on a substantial number in the aircraft cargo compartment; development, self-sufficiency, and of small entities as defined by the

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