Federal Register / Vol. 80, No. 2 / Monday, January 5, 2015 / Rules and Regulations 161 

Mandatory Service Bulletin SB 28–4127, the 

access panels may need to be removed again 

for additional tasks listed below. 

3. Do step (1)(f) of the Accomplishment 

Instructions in Beechcraft Mandatory Service 

Bulletin SB 28–4131. 

4. If it has been determined by doing step 

1(f) of Beechcraft Mandatory Service Bulletin 

SB 28–4131, that any of the following correct 

fuel cells P/Ns 60–921046–1, 60–921046–2, 

002–920034–1, 002–920034–2, 58–380003–5, 

or 58–380003–6 are installed in the airplane, 

do steps (7)(a) through (7)(c) (Inspection at 

Three Fuel Cells) of Part 1 of the 

Accomplishment Instructions in Beechcraft 

Mandatory Service Bulletin SB 28–4127. 

These steps ensure P/Ns 60–921046–1, 60– 

921046–2, 002–920034–1, 002–920034–2, 

58–380003–5, or 58–380003–6 is properly 

installed. 

5. If it has been determined by doing step 

1(f) of Beechcraft Mandatory Service Bulletin 

SB 28–4131, that any of the following fuel 

cell P/Ns 60–921046–5, 60–921046–6, 002– 

920034–9, 002–920034–10, 58–380003–13, or 

58–380003–14 or PMA part numbers B– 

2503–9/–10, B–2034–3/–4, or B–2646–3/–4 

are installed in the airplane, do steps (2) 

through (5) of the Accomplishment 

Instructions in Beechcraft Mandatory Service 

Bulletin SB 28–4131. These steps ensure 

improperly fitting fuel cells are removed 

from the airplane. Do steps (7)(a) through 

(7)(c) (Inspection at Three Fuel Cells) of Part 

1 of the Accomplishment Instructions in 

Beechcraft Mandatory Service Bulletin SB 

28–4127. For any fuel cell that needs 

replacing, replace with fuel cells listed in 

Beechcraft Mandatory Service Bulletin SB 

28–4131. 

6. Do step (7)(d) of Part 1 of the 

Accomplishment Instructions in Beechcraft 

Mandatory Service Bulletin SB 28–4127. This 

step can be done concurrently with step (5) 

of the Accomplishment Instructions in 

Beechcraft Mandatory Service Bulletin SB 

28–4131. 

7. Do steps (8) through (25) (Wheel Well 

and Nacelle Area and Final Check) of Part 1 

of the Accomplishment Instructions in 

Beechcraft Mandatory Service Bulletin SB 

28–4127. 

8. Do steps (6) through (10) of the 

Accomplishment Instructions in Beechcraft 

Mandatory Service Bulletin SB 28–4131. 

Note: Steps (21), (24), and (25) from task 

7 and steps (8), (9), and (10) from task 8 can 

be done concurrently. 

Appendix 3 to AD 2014–26–05 

For Model G58 Airplanes Serial Numbers 

TH–2360, TH–2361, TH–2367, TH–2368, TH– 

2370, TH–2372, and TH–2373 That Have Not 

Completed Beechcraft Mandatory Service 

Bulletin SB 28–4131, Dated November 2013 

and Have Not Completed Part 2 of 

Beechcraft Mandatory Service Bulletin SB 

28–4127, Dated June 2013 

The information in the appendix cannot be 

used for direct compliance with the AD. All 

of the actions in paragraphs (g) and (h) of this 

AD must be completed for compliance with 

this AD. The following is a suggested order 

of tasks that may assist the mechanic in 

completing overlapping tasks associated with 

Beechcraft Mandatory Service Bulletin SB 

28–4131, dated November 2013, and Part 2 

of Beechcraft Mandatory Service Bulletin SB 

28–4127, dated June 2013. 

Suggested Order of Tasks 

1. Do steps (1) through (5) of the 

Accomplishment Instructions in Beechcraft 

Mandatory Service Bulletin SB 28–4131. 

2. Do steps (7) and (8) of the 

Accomplishment Instructions in Beechcraft 

Mandatory Service Bulletin SB 28–4131. 

3. Do steps (1) through (6) of Part 2 of the 

Accomplishment Instructions in Beechcraft 

Mandatory Service Bulletin SB 28–4127. For 

step (2), heat shields should have been 

previously removed for Beechcraft 

Mandatory Service Bulletin SB 28–4131. 

4. Do steps (7) through (11) of Part 2 of the 

Accomplishment Instructions in Beechcraft 

Mandatory Service Bulletin SB 28–4127. 

5. Do steps (6), (9), and (10) of the 

Accomplishment Instructions in Beechcraft 

Mandatory Service Bulletin SB 28–4131. 

Note: Steps (9) and (10) from task 5 and 

steps (10), and (11) from task 4 can be done 

concurrently. 

Issued in Kansas City, Missouri, on 

December 22, 2014. 

Robert Busto, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2014–30490 Filed 1–2–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

14 CFR Part 251 

[Docket No. DOT–OST–2014–0231] 

RIN 2105–AE37 

Carriage of Musical Instruments 

AGENCY: Office of the Secretary (OST), 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The Department of 

Transportation is issuing a final rule to 

implement section 403 of the FAA 

Modernization and Reform Act of 2012 

regarding the carriage of musical 

instruments as carry-on baggage or 

checked baggage on commercial 

passenger flights operated by air 

carriers. This rule responds to 

difficulties musicians have encountered 

when transporting their instruments 

during air travel. 

DATES: Effective Date: This rule is 

effective March 6, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Clereece Kroha or Blane A. Workie, 

Office 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), 

clereece.kroha@dot.gov or 

blane.workie@dot.gov (email). 

SUPPLEMENTARY INFORMATION: 

Background 

On February 14, 2012, the FAA 

Modernization and Reform Act of 2012 

(the Act) was signed into law. Section 

403 of the Act requires U.S. air carriers 

to accept musical instruments 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 transporting their 

instruments during air travel. The 

statute directs 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 Department 

has been engaged 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. In July 2014, DOT 

Secretary Anthony Foxx hosted a 

‘‘Flying with Musical Instruments’’ 

meeting to provide airline 

representatives, musicians, and 

government officials an opportunity to 

exchange ideas on ways to prevent or 

resolve difficulties encountered by 

musicians when flying with their 

instruments while still 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 described 

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 

that mirror the requirements in Section 

403 of the Act. The stakeholders 

recognized that, while most airlines’ 

current policies regarding musical 

instruments 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 

transporting musical instruments or 

about the measures they can take to 

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162 Federal Register / Vol. 80, No. 2 / Monday, January 5, 2015 / Rules and Regulations 

better prepare themselves to ensure that 

the transport goes smoothly. 

Since then, the stakeholders have 

voluntarily taken certain steps to better 

understand the extent of the problem 

and prevent or minimize confusion over 

musical instruments as carry-on 

baggage. The American Federation of 

Musicians (AFM) has shared with the 

airline industry a survey it conducted 

among its members that identified 

problematic areas when traveling by air 

with instruments. Airlines for America 

(A4A), the trade organization for major 

U.S. airlines, established a page on its 

Web site that provides a summary of 

member airlines’ baggage policy 

regarding musical instruments and links 

to each individual carrier’s Web page for 

that information. The Department has 

created a Web page 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 problems 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 

Department’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 the 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 air 

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 compensation. Thus, this final rule 

implementing Section 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 aircraft 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 to 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 baggage 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 compartment, 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 carryon 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 provides 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 musical 

instruments, we believe this section is 

applicable to the transport of musical 

instruments as they 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 occupants, 

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 carryon 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 FAAapproved carry-on baggage programs to 

ensure the safety of the flight and the 

passengers and crew onboard. In 

addition, carriers should adequately 

inform passengers 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. With 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 ‘‘first 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 safely 

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 the 

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, we encourage 

passengers traveling with musical 

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 preboarding opportunities 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 

baggage. 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, many carriers’ FAAapproved carry-on baggage programs 

permit 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 the 

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 

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Federal Register / Vol. 80, No. 2 / Monday, January 5, 2015 / Rules and Regulations 163 

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 

second piece is a musical instrument. 

Transporting 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 or 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 

carriers 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 requirements are 

met. Some of the safety requirements 

have already been incorporated 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 165 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 

structure that exceeds the load 

limitation for those components; its 

location does not restrict access to or 

use of any required emergency or 

regular exit, or of the aisle in the 

passenger compartment; and its 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, when assigning 

a seat that will be used to transport a 

musical instrument as cargo in the 

passenger cabin, carriers must not 

assign a seat 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 his 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 with 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 musical 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 

trained and have the appropriate 

restraining device for securing the 

instrument to the seat. 

With respect to the cost to a passenger 

to transport a musical instrument on a 

passenger seat, assuming all of the 

safety requirements are met, carriers 

cannot charge 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 

example, 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. 

Transporting Large Instruments as 

Checked Baggage 

As mandated by the Act, this rule 

requires carriers to accept musical 

instruments in the cargo compartment 

as checked baggage if those instruments 

comply with the size and weight 

limitations provided in Section 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 its 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 the carrier’s free 

baggage allowance but does not exceed 

the size or weight limits of Section 403, 

the carrier may assess the same oversize and over-weight charges that are 

applicable to other checked baggage that 

is over-size or over-weight. 

Good Cause for Issuing Rule Without 

Prior Notice and Comment 

Section 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 interest, 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 comment because such notice 

and comment would be unnecessary. 

This rule implements 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 Notices 

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 

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 baggage on commercial 

passenger flights operated by air 

carriers. In this section, we present 

information on current 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. 

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164 Federal Register / Vol. 80, No. 2 / Monday, January 5, 2015 / Rules and Regulations 

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 requirements would not be 

sufficient to facilitate air transportation of 

especially large or heavy instruments such as harps, 

vibraphones, and tympani. 

2This estimate does not include private school 

students and children who receive private group or 

individual lessons 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. 

Current Carrier 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 carried 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 

for 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 

policies 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 

musicians from traveling with certain 

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 allowable 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 appears 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 their 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. Increased 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. 

Estimates 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 there were 39,260 

professional musicians and singers with 

mean hourly wage of $32.10. Wage data 

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 flying 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 parttime 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 in 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 she wishes to 

travel on. 

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-oftown 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 instruction 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 assumptions, 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 ability 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 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 

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Federal Register / Vol. 80, No. 2 / Monday, January 5, 2015 / Rules and Regulations 165 

3Flight 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. 

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 

specific policies about transporting 

musical instruments. Using the percarrier 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 required 

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 policies: 

• Baggage and gate operations managers 

• Counter and gate agents 

• First-line supervisors of these agents 

• 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 relevant 

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 valued 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 TRAINING 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 

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 agency 

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. Nevertheless, 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 rule 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 requirements 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 final rule 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 

national government and the States, or 

the distribution of power and 

responsibilities among the various 

levels of government; (2) imposes 

substantial direct compliance costs on 

State and local governments; or (3) 

preempts State law. States are already 

preempted 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 Tribal 

governments or impose substantial 

direct compliance costs on them, the 

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166 Federal Register / Vol. 80, No. 2 / Monday, January 5, 2015 / Rules and Regulations 

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 National 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 Impacts (44 

FR 56420, Oct. 1, 1979). Categorical 

exclusions are 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 1508.4. 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 

carriers. 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 not apply to this rule. 

Issued this 29th day of December 2014, in 

Washington, DC. 

Anthony R. Foxx, 

Secretary of Transportation. 

List of Subjects in 14 CFR Part 251 

Air carriers, Consumer protection. 

For the reasons set forth in the 

preamble, the Department amends 14 

CFR Chapter II by adding a new part 251 

to read as follows: 

PART 251—CARRIAGE OF MUSICAL 

INSTRUMENTS 

Sec. 

251.1 Definitions. 

251.2 Applicability. 

251.3 Small musical instruments as carryon baggage. 

251.4 Large musical instruments as carry-on 

baggage. 

251.5 Large musical instruments as checked 

baggage. 

Authority: 49 U.S.C. 41724. 

§ 251.1 Definitions. 

As used in this part: 

Certificated air carrier means a U.S. 

carrier holding a certificate issued under 

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. 

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. 

FAA means the Federal Aviation 

Administration, an operating 

administration of the Department of 

Transportation. 

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. 

§ 251.2 Applicability. 

This part applies to U.S. certificated 

air carriers, U.S. commuter air carriers, 

air taxis, and U.S. indirect carriers that 

operate passenger service to, from, or 

within the United States. 

§ 251.3 Small musical instruments as 

carry-on baggage. 

Each covered carrier shall permit a 

passenger to 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 boards the 

aircraft. 

§ 251.4 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 § 251.3 in the aircraft 

cabin, without charging the passenger a 

fee in addition to the cost of an 

additional ticket described in paragraph 

(e) of this section, 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 object 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 baggage. 

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 length, 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 the 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. 

[FR Doc. 2014–30836 Filed 1–2–15; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9704] 

RIN 1545–BK65 

Failure To File Gain Recognition 

Agreements or Satisfy Other Reporting 

Obligations; Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

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