4910

- 9X DEPARTMENT OF TRANSPORTATION O ffice of the Secretary 14 CFR Part 251 Docket No. DOT
- OST
- 2014
- 0231
RIN No. 2105
- AE37 Carriage of Musical Instruments AGENCY: Office of the Secretary (OST), Department of Transportation (DOT). ACTION: Final Rule

. SU MMARY: The Department of Transportation is issuing a final rule to implement section 403 of the FAA Modernization and Reform Act of 2012 (Pub. L. 112

- 95 , 49 U.S.C. §41724 ) regarding the carriage of musical instruments as carry

- on baggage or checked baggag e on commercial passenger flights operated by air carriers. DATES: Effective Date: This rule is effective [ INSERT DATE 6 0 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. FOR FURTHER INFORMATION CONTACT: Clereece Kroha or Blane A. Workie, O ffice of the Assistant General Counsel for Aviation Enforcement and Proceedings, U.S. Department of Transportation, 1200 New Jersey Ave. SE, Washington, DC 20590, 202

- 366

- 9342 (phone), 202

- 366

- 7152 (fax), cleree ce.kroha@dot.gov or blane.workie@dot.gov (e

- mail)

. SU PP LEMENTARY INFORMATION: Background On February 14 , 2012, the FAA Modernization and Reform Act of 2012 (the Act) was signed into law . Section 403 of the Ac t require s U.S. air carriers to accept musical instruments2 on their passenger flights either as carry

- on baggage or checked baggage , provided that certain conditions are met

. The passage of Section 403 is Congress’ response to difficulties musicians have encountered when tra n sport ing their instruments during air travel

. The statute direct s the Department of Transportation (Department or DOT ) to issue a final rule to implement the requirements set forth in section 403. During the past year , the Departm ent has been engag ed in dialogue with musicians as well as representatives of airlines and industry associations to address the difficulties musicians face when traveling by air with musical instruments. I n July 2014, DOT Secretary Anthony
Foxx hosted a “ Flying with Musical Instruments” meeting to provide airline representatives , musician s , and government officials an opportunity to exchange ideas on ways to prevent or resolve difficulties encountered by musicians when flying with their instruments while s till ensuring the safety of passengers and crew. At the meeting, several members of various musician organizations described problems that musicians encounter when traveling by air with their musical instruments , particularly when bringing instruments as carry - on baggage

. Airline representatives in attendance describe d their policies for transport of musical instruments as
carry - on or checked baggage. Many airlines have already adopted policies concerning the air transportation of musical instruments tha t mirror the requirements in Section 403 of the Act. The stakeholders recognized that , while most airlines’ current policies regarding musical instrument s are consistent with the statute, frontline customer service agents and flight crew may not always be well

- versed in those policies and may not communicate those policies accurately and effectively to musicians

. By the same token, the meeting attendees also agreed that many musicians were not very well informed about airline policies regarding transporti ng musical3 instruments or about the measures they can take to better prepare themselves to ensure that the transport goes smoothly. Since then , the stakeholders have voluntar il y taken certain steps to better understand the extent of the problem and preve nt or minimize confusion over musical instruments as carry

- on baggage

. The American Federation of Musicians (AFM) has share d with the airline industry a survey it conducted among its members that identified problematic areas when traveling by air with ins truments . Airlines for America (A4A), the trade organization for major U.S. airlines , established a page on its website that provides a summary of member airlines ’ baggage policy regarding musical instruments and link s to each individual carrier’s webpage for that information. T he Department has created a webpage providing useful tips and information for consumers on how to prepare for air travel with musical instruments. The Department also convened a follow

- up meeting in September 2014 , and may conduct additional such meetings to further explore problem s facing musicians when traveling by air that are not specifically addressed by the statute

. This cooperation between musician organizations and airline representatives as a parallel approach to the Depar tment’s rulemaking may achieve the optimal result of ensuring the safe transport of musical instruments by air and increasing efficiency and customer satisfaction. Provisions of t he Final Rule Covered Entities and Flights Section 403 of the Act covers “ [ a] n air carrier providing air transportation.” According to the definition in 49 U.S.C. §40102(a)(2), “air carrier” means a citizen of the United States undertaking by any means, directly or indirectly, to provide air transportation. 49 U.S.C. §40102(a)(5) provides that “air transportation” includes foreign air transportation or interstate air4 transportation

. Those terms in turn are defined in 49 U.S.C. §40102(a) to mean the transportation of passengers or property by aircraft as a common carrier for compe nsation. Thus, this final rule implementing Se ction 403 covers all U.S. certificated and commuter carriers , as well as air taxis operating under exemption authority, that provide air transportation to the public directly, regardless of the size of the air craft they operate , and all indirect carriers such as public charter operators. It covers the scheduled and charter flights operated by these carriers in domestic or international air transportation. This final rule covers public charter operators only
t o the extent the public charter operator at issue handles checked and carry

- on baggage acceptance for the flight. In this situation, if the carriage of a musical instrument is consistent with the Federal Aviation Administration ( FAA )

– approved carry

- on bag gage or checked baggage program of the direct air carrier operating a public charter flight and there is room for the instrument at the time the passenger in question attempts to board , the public charter operator must accept the instrument as carry

- on or checked baggage as appropriate. Transport of Small Instruments as Carry

- on Baggage This rule requires that carriers must allow a passenger to carry into the cabin and stow a small musical instrument , such a violin or a guitar , in a suitable baggage comp artment , such as the overhead bin or under the seats in accordance with FAA safety regulations. The FAA regulations require each carrier holding a Part 121 or Part 135 operating certificate to ensure that
carry - on baggage is carried on board in accordance with an FAA

- approved carry

- on baggage program. See 14 CFR 121.285, 121.589, and 135.87. Further, in Advisory Circular (AC ) 121

- 29B , FAA provide s 11 categories of information that a carrier’s carry

- on baggage program must address, including a description of procedures a carrier will follow for stowage of “unusual or fragile items” (See AC 121

- 29B Section 4(e)(3)). Although not specifically referring to musical5 instrument s , we believe this section is applicable to the transport of musical instruments as th ey tend to fall into the category of “unusual or fragile items” due to their size, shape , and nature. Section 4(e)(3) provides that if the crew cannot check or stow an unusual or fragile item in a manner that ensures the safety of the aircraft and its occ upants, the passenger will have to ship that item by some other means. In complying with this final rule and accepting a passenger’s musical instrument as carry

- on baggage for stowage in an approved compartment or other specifically approved area in the cabin (e.g., the overhead bin or under seats ), we expect carriers
to continue to follow their FAA

- approved carry

- on baggage programs to ensure the safety of the flight and the passengers and crew onboard . In addition , carriers should adequately inform
pas sengers and the public about the limitations and restrictions imposed by these programs

. Section 403 of the Act and this final rule provide that carriers are required to allow passengers to stow their musical instruments in an approved stowage area in the cabin only if at the time the passenger boards the aircraft such stowage space is available. W ith the exception of certain disability assistance devices, overhead bins or under seat stowage space is available to all
passengers and crew members for their carry - on baggage on a “firs t come, first served” basis

. Accordingly , carriers are not required to remove other passengers’ or crew members’ carry - on baggage that is already stowed in order to make space for a musical instrument

. However, this also means carriers are not allowed to require a passenger to remove his or her musical instrument that is already safe l y stowed (e.g., in the overhead bin ) to make room for carry

- on baggage of other passengers who boarded the aircraft later than the passenger with t he musical instrument . This is true even if the space taken by the musical instrument could accommodate

one or more other carry

- on items. Because the rule does not require that musical instruments be given priority over other carry

- on baggage, w e encoura ge passengers traveling with musical6 instruments to take steps to board before as many other passengers as possible to ensure that space will be available for them to safely stow their instruments in the cabin. This includes utilizing pre

- boarding opportu nities that some carriers offer (usually for a fee). This rule also states that carriers are prohibited from charging passengers with a musical instrument as carry

- on baggage an additional fee other than any standard fee carriers impose for
carry - on bag gage. By including such a requirement in the statute, Congress clearly meant to require carriers to treat musical instruments in the cabin as no different from other carry

- on baggage. For example, m any carriers’ FAA

- approved carry

- on baggage programs per mit one piece of carry

- on baggage plus one personal item such as a purse or a briefcase. If the passenger with the musical instrument already has these two standard items and the musical instrument is the third carry

- on item, that carrier may not permit t he passenger to board the aircraft with a third
carry - on item. As per Federal Aviation Regulations, no air carrier may allow a passenger to board the aircraft with more carry

- on items than allowed in that carrier’s FAA

- approved carry

- on baggage program. Any fees imposed by a carrier for any piece of carry

- on baggage is also applicable to a musical instrument carried onboard. This would include a situation where a carrier’s FAA

- approved carry

- on baggage program allows each passenger two pieces of carry

- on baggage but the airline charges a fee for a second piece. If a passenger with a musical instrument already has one piece of (free) carry

- on baggage, the airline is permitted to charge its standard fee for a second piece of carry

- on baggage even if the se cond piece is a musical instrument. Transport ing Large Instruments as Carry

- on Baggage For some musical instruments that are too large to fit in the cabin stowage areas described in the carrier’s FAA

- approved carry

- on baggage program (e.g., an overhead bin or7 under a seat) , it is sometimes possible to secure them to a seat as “seat baggage” or “cargo in passenger cabin” as regulated by 14 CFR 121.285

. As FAA Advisory Circular 121

- 29B: Carry

On Baggage ( AC121

- 29B ) and relevant FAA safety regulations do not mandate that a carrier must allow in their carry

- on baggage programs the stowage of a large carry

- on item on a passenger seat, we do not require in this final rule that those carrier s whose programs do not provide such stowage amend their programs to allow it

. We do, however, encourage these carriers to consider modifying their programs to allow the stowage of large musical instruments at passenger seats, provided that all safety requirement s
are met. Some of the safety requir e ments have already been inc orporated in Section 403 and this final rule, such as the requirement that the instrument must be contained in a case or covered as to avoid injury to other passengers, and the requirement that the instrument including the case or covering cannot exceed 16 5 pounds or the applicable weight restriction for the aircraft. Other safety requirements contained in FAA regulations that carriers must follow when transporting a musical instrument at a seat include that the item is restrained to the inertia forces in 14 CFR 25.561 ; it is properly secured by a safety belt or other tie down having enough strength to eliminate the possibility of shifting under all normally anticipated flight and ground conditions ; it does not impose any load on seats or the floor structur e that exceeds the load limitation for those components; i ts location does not restrict access to or use of any required emergency or regular exit, or of the aisl e in the passenger compartment; and i ts location does not obscure any passenger's view of the “seat belt” sign, “no smoking” sign, or required exit sign, unless an auxiliary sign or other approved means for proper notification of the passenger is provided. See 14 CFR 121.285(c) and 14 CFR 135.87 (c). Also, w hen assigning a seat that will be used t o transport a musical instrument as cargo in the passenger cabin, carriers must not assign a seat8 where the instrument may obscure other passengers’ view of safety signs that are required to remain visible

. In the event a passenger purchases a seat for hi s or her musical instrument and it is later discovered that the location of the assigned seat is such that the musical instrument may obscure other passengers’ view of the “seat belt” sign, “no smoking” sign, or required exit signs, carriers should work wi th the passenger to determine if any other available seat in that class of service can safely accommodate the musical instrument. Because carriers must comply with a number of safety requirements, we encourage passengers purchasing a seat for a large mus ical instrument to provide advance notice to the carrier that the seat is being purchased to transport an instrument and to follow that carrier’s policies regarding the transportation of the musical instrument in the cabin . Carriers whose
carry - on baggage programs allow such stowage should ensure that their reservation agents and airport agents are trained to provide appropriate seat assignments to the passenger and the instrument to ensure compliance with safety requirements , and that their crews are trai ned and have the appropriate restrain ing device for securing the instrument to the seat. With respect to the cost to a passenger to transport a musical instrument o n a passenger seat, assuming all of the safety requirements are met, carriers cannot charg e the passenger more than the price of a ticket for the additional seat

— for example, by adding on a fee specifically for transporting a musical instrument

. However, this does not preclude carriers from charging standard ancillary service fees. For exa mple, to the extent carriers charge a fee for an advance seat assignment, and the passenger requests advance seat assignments for him or herself and for the instrument , the carrier may charge the advance seat assignment fee for each seat assignment.
Tran sport ing Large Instruments as Checked Baggage9 As mandated by the Act, this rule requires carriers to accept musical instrument s in the cargo compartment as checked baggage if those instruments comply with the size and weight limitations provided in S ection 403 and FAA’s safety regulations. As Section 403 is silent on the charges carriers may impose on transporting musical instruments in the cargo compartment , and we recognize that carriers’ cost in transporting baggage and cargo is directly related to it s size and weight, consistent with the clear intent of the Act , we conclude that carriers may impose the same checked

- baggage charges that apply to other checked baggage of that size and weight. If a musical instrument exceeds the size or weight limits in t he carrier’s free baggage allowance but does not exceed the size or weight limits of S ection 403, the carrier may assess the same

over - size and over

- weight charges that are applicable to other checked baggage that is over - size

or over - weight

. Good Cause f or Issuing Rule without Prior Notice and Comment S ection 553 of the Administrative Procedure Act (5 U.S.C. 553) provides that when an agency, for good cause, finds that notice and public procedure are impractical, unnecessary, or contrary to the public in terest , the agency may issue a final rule without providing notice and an opportunity for public comment (5 U.S.C. 553(b)(B))

. The Department has determined that there is good cause to issue this final rule without notice and an opportunity for public com ment because such notice and comment would be unnecessary. This rule implement s Section 403 of the FAA Modernization and Reform Act by incorporating the statutory language virtually verbatim and without interpretation

. Since the Department is exercising no discretion in issuing this rule, public comment is unnecessary. REGULATORY ANALYSES AND NOTICES10 A. Executive Order 12866 (Regulatory Planning and Review) and DOT Regulatory Policies and Procedures The Department has determined that this action is not a significant regulatory action within the meaning of Executive Order 12866, and within the meaning of the Department of Transportation’s regulatory policies and procedures. The Department is issuing a final rule to implement section 403 of the FAA Modern ization and Reform Act of 2012 (Pub. L. 112

- 95, 49 U.S.C. §41724) regarding the carriage of musical instruments as carry

- on baggage or checked baggage on commercial passenger flights operated by air carriers. In this section , we present information on curr ent carrier policies about transporting musical instruments, provide data on various categories of beneficiaries from the rule, and estimate the costs to U.S. carriers to modify or develop instrument policies that comply with rule requirements.
Current Car rier Policies Currently, most large U.S. carriers post specific policies on musical instrument carriage on their Web sites. We reviewed these policies and found that the specific size (length plus width plus height) and weight limitations for instruments c arried as checked baggage vary substantially among carriers with published policies. Some carriers have maximum case size limits

— typically combined dimensions of 115”, although one carrier allows cases with maximum dimensions of 126”. The threshold size fo r oversized baggage charges varies from 62” to 90”, depending on the carrier. Maximum weight limits for checked baggage also vary from 70 to 100 pounds among large U.S. carriers with stated weight limits. However, there are several carriers that post polic ies without specified limits on case size or weight. Case dimensions and instrument plus case weights were compiled from Amazon.com and other Web sites to assess the extent to which current policies would potentially bar musicians11 from traveling with certa in types of instruments. Hard cases for tubas exceed the 90” combined dimensions, a threshold at which some carriers charge for oversize baggage, but they are typically under the 115” size that some carriers have established as the current maximum allowabl e size for checked baggage. Cases for (stringed) double basses are larger than the 115” size limit, and these instruments may also be sufficiently large to preclude them from being flown as carry

- on baggage in a separately purchased seat. It therefore appe ars that nearly all large U.S. carriers would need to modify their current instrument transport policies to take into account the Act’s and rule ’s requirements. While individual musicians and smaller groups are likely to travel most frequently on scheduled flights, larger ensembles and orchestras may find it more efficient to travel together on chartered flights. None of the largest U.S. charter carriers post specific policies about musical instruments or, for the most part, general baggage policies, on the ir Web sites. Benefits Beneficiaries of the rule would include professional and amateur musicians who travel with instruments, particularly large instruments that may be subject to more restrictive transportation limits under current carrier policies. Incr eased ability of these musicians to travel with their instruments could also potentially benefit owners and employees of establishments hosting musical events and people who attend events at which these musicians would be more likely to be able to play.
E stimates of the numbers of professional musicians employed by others are available from the May 2013 BLS Occupational Employment Survey (OES), the 2012 Economic Census, and the 2011 Statistics of U.S. Business (SUSB). The May 2013 OES data indicate that th ere were 39,260 professional musicians and singers with mean hourly wage of $32.10. Wage data12 from the OES and payroll data from the OES Census and SUSB are consistent with a daily wage of between $211 and $257, assuming that the average musician performs approximately 180 days annually. Aggregate earnings for professional musicians employed by others are estimated at about $1.5 billion annually. It would be reasonable to assume that professional musicians travel by air at the same rate as the general flyin g public

— an average of 1

- 2 round trips per
year

— but there are no data on the distribution of instruments that musicians currently transport or would like to be able to transport on these trips. 1 A broader measure of the number of professional musicians is available from the Current Population Survey (CPS), which includes self

- employed and part

- time workers in its estimate of “musicians, singers, and related workers.” Assuming that the share of related workers (music composers and directors) is the same as i n the OES data, there were approximately 127,000 employed musicians in 2013. The monetary value of the benefit that a professional musician would receive from consistent carrier policies that comply with the rule could not be estimated. This value depends on at least three factors that could not be quantified:
1. The distribution of instrument played by professional musicians.
2. The extent to which musicians currently encounter difficulties in carrying or checking instruments on the carriers and routes he or sh e wishes to travel on.

1 It is likely that musicians with relatively compact instruments

— e.g., violins, woodwinds

— encounter fewer difficulties in transporting instruments by air than do those who play larger instruments, particularly acoustic guitars, cellos, string basses, and tubas. We have assumed for this analysis that the rule requiremen ts would not be sufficient to facilitate air transportation of especially large or heavy instruments such as harps, vibraphones, and tympani.13 3. The extent to which any loss of income from not being able to perform at events that require air travel could be mitigated by additional performances at destinations or facilities for which instrument transportation is not a problem. Amateur musicians would also benefit from the proposed rule. This group includes a large number of school age children and their music teachers. School age children who play instruments could reasonably be expected to travel with them if possible

— both to perform at
out

- of

- town events and on trips to visit family members. The National Center for Education Statistics Schools and Staffing Survey (SASS) estimates that there were nearly 117,000 public school teachers whose primary assignment was music instructi on during the 2011

- 2012 school year. The number of children who play musical instruments was estimated by assuming that half of these teachers are instrumental music teachers and that each of them teaches an average of 100 students each week. Under these a ssumptions, there are approximately 5.8 million school age children who play musical instruments. 2 However, it is not possible to monetize the value of the additional practice and performance time that school age musicians may be able to have if their abil ity to transport instruments by air is enhanced under the rule requirements.
Costs The rule would require most covered carriers with specific policies about transportation of musical instruments to modify these policies to comply with the rule requirements ; update written, electronic, and phone guidance provided to customers; and ensure that gate agents, flight crews, and baggage handlers are aware of these requirements. Covered carriers that do not currently have policies for the transportation of musical instruments would have to develop

2 This estimate does not include private school students and children who receive private group or individual less ons but do not have instrumental music classes in public schools. It also does not take into account the proportion of students who play piano and other instruments that carriers would not be responsible for transporting under the rule.14 policies that comply with the rule requirements; prepare materials on these policies in written and electronic form; and train employees about these requirements. Carriers routinely update their baggage fees and policies, as well as other aspects of their customer service plans. Costs for developing or revising customer service plans (CSPs) were estimated for a 2011 rule (“Enhancing Airline Passenger Protections II”). The accompanying regulatory evaluation estimated that it would cost large carriers with existing service plans an average of $35,000 to develop compliant CSPs. Per

- firm costs for smaller carriers

— many of which did not have formal CSPs at the time the rule was promulgated

— were estimated at about $4,000 per firm. Based on tabulations from the BTS T

- 100 data for 2013 and our review of carrier Web site information, there are 12 large carriers that currently have specific musical instrument carriage plans and 86 other U.S. carriers that have less specific or no speci fic policies about transporting musical instruments. Using the per

- carrier cost estimates from the previous regulatory evaluation, modifying or developing musical instrument carriage policies is expected to cost about $732,000. Counter agents, gate agents, and baggage acceptance personnel will need to be informed of the new requirements, and periodic reminders or audits may need to be conducted to ensure compliance with compliant musical instrument transportation policies. Because only larger carriers are r equired to file employment information with the BTS on form P

- 10, data on industry employment was obtained from the 2013 BLS OES. Four categories of employees appear to be most likely to require training on compliant musical instrument transportation polic ies:

• Baggage and gate operations managers

• Counter and gate agents

• First

- line supervisors of these agents15 • Baggage acceptance clerks and handlers However, each of these groups of employees is included within a more general occupational category of employees, most of whom would not require specific training or communication about modified or newly developed musical instrument policies. Based on experience from previous regulatory evaluations, Econometrica developed estimates of the share of each of the four re levant categories of employees from the OES data who would need training. Each of these employees was assumed to require an average of 1 hour of training annually to ensure that they understand and comply with the rule requirements. Training time was value d at the average annual wage rates for each of these four labor categories. 3 Based on the calculations shown in the table below, we estimate that the annual cost of this training for 98 affected U.S. carriers would be $474,000.
Table: Estimated Annual Trai ning Cost for U.S. Carriers

BLS Occupational Category Total Employees Percent with Passenger Baggage Handling Responsibilities Employees Requiring Training* Hourly Wage Annual Training

Cost** General and Operations Managers 11,110 10% 1,111 $55.34 $61,483 Reservation Agents and Ticket Clerks 88,390 20% 17,678 $17.77 $314,138 First

- Line Supervisors 9,820 10% 982 $26.58 $26,102 Laborers and Material Movers 22,880 20% 4,576 $15.80 $72,301 Total 132,200 24,347 $474,023 *Econometrica, Inc. estimates. **Assumes one hour of training per employee required annually. B. Regulatory Flexibility Act

3 Flight attendants may also need to receive some communication and training about the modified or newly developed policies. However, the 2013 OES data do not report the number of flight attendants or their average hourly wage rates.16 The Regulatory Flexibility Act (5 U.S.C. §601 et seq. ) requires an agency to review regulations to assess their impact on small entities unless the agen cy determines that a rule is not expected to have a significant economic impact on a substantial number of small entities. However, when notice and comment rulemaking is not necessary, the provisions of the Regulatory Flexibility Act do not apply. Nevert heless, the Department has evaluated the effects of this action on small entities and has determined that the action will not have a significant economic impact on a substantial number of small entities. The regulatory requirements imposed by this final r ule cover some small entities , but the requirements will not have a significant impact on them because the rule does not require any carrier to modify its FAA

approved carry

- on baggage program if that program does not already provide for accepting musical instruments as “cargo in passenger compartment ” and to be stowed in a passenger seat. Further, the additional requirements of the rule, such as transporting small musical instruments on the same terms as other carry

- on bags, and transporting large musical instruments in seats or as checked baggage for the same fees that are charged to other passengers, do not impose significant costs on carriers. There may also be costs associated with training airline personnel to ensure that they understand these requir ements and adhere to them but these costs are not significant. For these reasons, I hereby certify that this rule will not have a significant economic impact on a substantial number of small entities. C. Executive Order 13132 (Federalism) This f inal r u le has been analyzed in accordance with the principles and criteria contained in Executive Order 13132 (“Federalism”). This final rule does not include any provision that: (1) has substantial direct effects on the States, the relationship between the nat ional government and the States, or the distribution of power and responsibilities among the various levels of17 government; (2) imposes substantial direct compliance costs on State and local governments; or (3) preempts State law. States are already preemp ted from regulating in this area by the Airline Deregulation Act, 49 U.S.C. 41713. Therefore, the consultation and funding requirements of Executive Order 13132 do not apply. D. Executive Order 13084 This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13084 ( “ Consultation and Coordination with Indian Tribal
Governments ” ). Because this final rule does not significantly or uniquely affect the communities of the Indian T ribal governments or impose substantial direct compliance costs on them, the funding and consultation requirements of Executive Order 13084 do not apply.
E. National Environmental Policy Act The Department has analyzed the environmental impacts of this action pursuant to the Natio nal Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and has determined that it is categorically excluded pursuant to DOT Order 5610.1C, Procedures for Considering Environmental Impac ts (44 FR 56420, Oct. 1, 1979). Categorical exclusions a re actions identified in an agency’s NEPA implementing procedures that do not normally have a significant impact on the environment and therefore do not require either an environmental assessment (EA) or environmental impact statement (EIS). See 40 CFR 15 08.4. In analyzing the applicability of a categorical exclusion, the agency must also consider whether extraordinary circumstances are present that would warrant the preparation of an EA or EIS. Id. Paragraph 4 .c. 6.i of DOT Order
5610.1C covers “actions relating to consumer protection, including regulations

. ”

. The purpose of this rulemaking is to implement regulations regarding the carriage of musical instruments as
carry - on baggage or checked baggage on commercial passenger flights operated by air car riers

.18 The Department does not anticipate any environmental impacts, and there are no extraordinary circumstances present in connection with this rulemaking.
F

. Paperwork Reduction Act This final rule does not contain any new information collection and therefore is not subject to the Paperwork Reduction Act of 1995 (Pub. L. 104

– 13, 49 U.S.C. § 3501 et seq.)

. G . Unfunded Mandates Reform Act The Department has determined that the requirements of Title II of the Unfunded Mandates Reform Act of 1995 do no t apply to this notice.

ISSUED THIS 29 th DAY OF DECEMBER 201 4 , IN WASHINGTON, D.C.

__________________________ Anthony R. Foxx , Secretary of Transportation

. List of Subjects in 14 CFR Part 251 : Ai r Carriers, Consumer Protection

. For the reasons set forth in the preamble, the Department amend s title 14 CFR Chapter II as follows:
1

. A new part 251 is added to read as follows:
PART 2 51

— CARRIAGE OF MUSICAL INSTRUMENTS Sec.
2 51 .1 Definitions
2 51 .2 Applicability
2 51 .3 Small Musical Instru ments as Carry

- on Baggage19 251.4 Large Musical Instruments as Carry

- on Baggage 251.5 Large Musical Instruments as Checked Baggage Authority: 49 U.S.C. § 41724

. § 2 51 .1 Definitions Certificated air carrier means a U.S. carrier holding a certificate issued u nder 49 U.S.C. 41102 to conduct passenger service or holding an exemption to conduct passenger operations under 49 U.S.C. 40109.
Commuter air carrier means a U.S. carrier that has been found fit under 49 U.S.C. 41738 and is authorized to carry passengers on at least five round trips per week on at least one route between two or more points according to a published flight schedule using small aircraft as defined in 14 CFR 298.2.
FAA means the Federal Aviation Administration, an operating administration of the Department of Transportation. Covered carrier means a certificated carrier, a commuter carrier, an air taxi, or a U.S. indirect carrier operating to, from, or within the United States, conducting scheduled passenger service or public charter service. Indirect Carrier means a person not directly involved in the operation of an aircraft who sells air transportation services to the general public other than as an authorized agent of a carrier. § 2 51 .2 Applicability This part applies to U.S. certificated air carriers , U.S. commuter air carriers , an air taxi, a nd U.S. indirect carriers that operate passenger service to , from, or within the United States

. § 2 51 .3 Small Musical Instruments as Carry
- on Baggage20 Each covered carrier shall permit a passenger t o carry a violin, guitar, or other small musical instrument in the aircraft cabin, without charging the passenger a fee in addition to any standard fee that carrier may require for comparable carry

- on baggage, if (a) the instrument can be stowed safely in a suitable baggage compartment in the aircraft cabin or under a passenger seat, in accordance with the requirements for carriage of carry

- on baggage or cargo established by the FAA; and (b) there is space for such stowage at the time the passenger boar ds the aircraft. § 2 51 . 4 Large Musical Instruments as Carry
- on Baggage Each covered carrier shall permit a passenger to carry a musical instrument that is too large to meet the requirements of section 251.3 in the aircraft cabin, without charging the passe nger a fee in addition to the cost of an additional ticket described in subparagraph (e), if (a) the instrument is contained in a case or covered so as to avoid injury to other
passengers; (b) the weight of the instrument, including the case or covering, does not exceed 165 pounds or the applicable weight restrictions for the aircraft; (c) the instrument can be stowed in accordance with the requirements for carriage of
carry - on baggage or cargo established by the FAA ; (d) neither the instrument nor the case contains any ob ject not otherwise permitted to be carried in an aircraft cabin because of a law or regulation of the United States; and (e) the passenger wishing to carry the instrument in the aircraft cabin has purchased an additional seat to accommodate the instrument.
§ 251. 5 Large Musical Instruments as Checked Baggage21 Each covered carrier shall transport as baggage a musical instrument that is the property of a passenger traveling in air transportation that may not be carried in the aircraft cabin if (a) the sum of the len gth, width, and height measured in inches of the outside linear dimensions of the instrument (including the case) does not exceed 150 inches or the applicable size restrictions for the aircraft; (b) the weight of the instrument does not exceed 165 pounds or th e applicable weight restrictions for the aircraft; and (c) the instrument can be stowed in accordance with the requirements for carriage of
carry - on baggage or cargo established by the FAA.