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Updated: Monday, November 16, 2009 9:30 AM


OST-2008-0333- Domestic Baggage Civil Penalties


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Domestic Baggage Civil Penalties

OST-2008-0333

November 14, 2008

Civil Penalties

This rule raises the maximum civil penalties that can be assessed as a result of DOT aviation enforcement actions for violations of certain economic provisions of u s e Title 49. This inflation adjustment is required by the Federal Civil Penalties Inflation Adjustment Act of 1990 and the Debt Collection Improvement Act of 1996.

By: Mary Peters



November 18, 2008

Re: Executive Order 12866 and Congressional Review Requirements

By: Blane Workie



Inflation Adjustments to Liability Limits Governed by the Montreal Convention

Issued November 9, 2009 | On File at Federal Register November 13, 2009

Notice of Guidance

As Published in Federal Register November 16, 2009

This notice provides guidance to US and certain foreign air carriers on inflation adjustments to liability limits of air carriers and foreign air carriers under the Montreal Convention. The adjustments affect limits on liability for damages for passenger death or injury, delay in passenger’s arrival, and the loss, delay or damage to baggage or cargo, increasing those limits by approximately 13 percent and will be effective in December 2009. The US and foreign air carriers affected by these changes to the Convention include those providing international carriage between countries that, like the United States, are parties to the Convention, and all who provide round trip foreign air transportation that originates and terminates in the United States.

Pursuant to the terms of Article 24, the increased limits will take effect six months following the notice referred to above, or December 30, 2009. Carriers should, therefore, revise their contracts of carriage, tariffs, required notices, and practices to conform to the Convention’s requirements. Failure to implement in a timely manner the revised liability limits and required notices would, in the view of the Aviation Enforcement Office, constitute an unfair or deceptive business practice and unfair method of competition in violation of 49 USC 41712. This disclosure guidance, it should be noted, also extends to ticket agents and indirect air carriers.

By: Samuel Podberesky


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