Federal Register / Vol. 89, No. 206 / Thursday, October 24, 2024 / Rules and Regulations 84815 

overlay each other. The designated 

altitudes for R–6611A are changed to 

‘‘surface to but not including 10,000 feet 

MSL’’. The designated altitudes for R– 

6611B are changed to ‘‘10,000 feet MSL 

to 60,000 feet MSL’’. 

Restricted areas R–6613A and R– 

6613B share common boundaries that 

overlay each other. The designated 

altitudes for R–6613A are changed to 

‘‘surface to but not including 10,000 feet 

MSL’’. The designated altitudes for R– 

6613B are changed to ‘‘10,000 feet MSL 

to 60,000 feet MSL’’. 

Additionally, the FAA updates the 

using agency for restricted areas R– 

6611A, R–6611B, R–6613A, and R– 

6613B to ‘‘U.S. Navy, Commander, 

Naval Surface Weapons Center, 

Dahlgren, VA’’. 

This action consists of administrative 

internal altitude changes and minor 

technical amendments only and does 

not affect the boundaries, altitudes, time 

of designation, or activities conducted 

in the airspace. Therefore, notice and 

public procedure under 5 U.S.C. 553(b) 

is unnecessary. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore: (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action of amending internal altitude 

sub-divisions in R–6611A, R–6611B, R– 

6613A, and R–6613B, qualifies for 

categorical exclusion under the National 

Environmental Policy Act (42 U.S.C. 

4321 et seq.) and its implementing 

regulations at 40 CFR part 1500, and in 

accordance with FAA Order 1050.1F, 

Environmental Impacts: Policies and 

Procedures, paragraph 5–6.5a, which 

categorically excludes from further 

environmental impact review 

rulemaking actions that designate or 

modify classes of airspace areas, 

airways, routes, and reporting points 

(see 14 CFR part 71, Designation of 

Class A, B, C, D, and E Airspace Areas; 

Air Traffic Service Routes; and 

Reporting Points); and paragraph 5– 

6.5d—Modification of the technical 

description of special use airspace 

(SUA) that does not alter the 

dimensions, altitudes, or times of 

designation of the airspace (such as 

changes in designation of the 

controlling or using agency, or 

correction of typographical errors). In 

accordance with FAA Order 1050.1F, 

paragraph 5–2 regarding Extraordinary 

Circumstances, the FAA has reviewed 

this action for factors and circumstances 

in which a normally categorically 

excluded action may have a significant 

environmental impact requiring further 

analysis. Accordingly, the FAA has 

determined that no extraordinary 

circumstances exist that warrant 

preparation of an environmental 

assessment or environmental impact 

statement. 

List of Subjects in 14 CFR Part 73 

Airspace, Prohibited areas, Restricted 

areas. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 73 as follows: 

PART 73—SPECIAL USE AIRSPACE 

■ 1. The authority citation for 14 CFR 

part 73 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p.389. 

§ 73.66 Virginia (VA) [Amended] 

■ 2. Section 73.66 is amended as 

follows: 

* * * * * 

R–6611A Dahlgren Complex, VA 

[Amended] 

Boundaries. Beginning at Lat. 38°21′30′′ N, 

long. 077°01′14′′ W; to Lat. 38°17′30′′ N, long. 

076°55′59′′ W; to Lat. 38°15′45′′ N, long. 

076°51′59′′ W; to Lat. 38°13′00′′ N, long. 

076°54′34′′ W; to Lat. 38°19′15′′ N, long. 

077°01′59′′ W; to the point of beginning. 

Designated Altitudes. Surface to but not 

including 10,000 feet MSL. 

Time of designation. 0800–1700 hours 

local time, Monday–Friday. Other times by 

NOTAM issued 48 hours in advance. 

Controlling agency. FAA, Washington 

ARTCC. 

Using agency. U.S. Navy, Commander, 

Naval Surface Weapons Center, Dahlgren, 

VA. 

R–6611B Dahlgren Complex, VA 

[Amended] 

Boundaries. Beginning at Lat. 38°21′30′′ N, 

long. 077°01′14′′ W; to Lat. 38°17′30′′ N, long. 

076°55′59′′ W; to Lat. 38°15′45′′ N, long. 

076°51′59′′ W; to Lat. 38°13′00′′ N, long. 

076°54′34′′ W; to Lat. 38°19′15′′ N, long. 

077°01′59′′ W; to the point of beginning. 

Designated Altitudes. 10,000 feet MSL to 

60,000 feet MSL. 

Time of designation. By NOTAM issued 48 

hours in advance. 

Controlling agency. FAA, Washington 

ARTCC. 

Using agency. U.S. Navy, Commander, 

Naval Surface Weapons Center, Dahlgren, 

VA. 

* * * * * 

R–6613A Dahlgren Complex, VA 

[Amended] 

Boundaries. Beginning at Lat. 38°15′45′′ N, 

long. 076°51′59′′ W; to Lat. 38°13′30′′ N, long. 

076°46′34′′ W; to Lat. 38°10′00′′ N, long. 

076°49′59′′ W; to Lat. 38°13′00′′ N, long. 

076°54′34′′ W; to the point of beginning. 

Designated Altitudes. Surface to but not 

including 10,000 feet MSL. 

Time of designation. 0800–1700 hours 

local time, Monday–Friday. Other times by 

NOTAM issued 48 hours in advance. 

Controlling agency. FAA, Washington 

ARTCC. 

Using agency. U.S. Navy, Commander, 

Naval Surface Weapons Center, Dahlgren, 

VA. 

R–6613B Dahlgren Complex, VA 

[Amended] 

Boundaries. Beginning at Lat. 38°15′45′′ N, 

long. 076°51′59′′ W; to Lat. 38°13′30′′ N, long. 

076°46′34′′ W; to Lat. 38°10′00′′ N, long. 

076°49′59′′ W; to Lat. 38°13′00′′ N, long. 

076°54′34′′ W; to the point of beginning. 

Designated Altitudes. 10,000 feet MSL to 

60,000 feet MSL. 

Time of designation. By NOTAM issued 48 

hours in advance. 

Controlling agency. FAA, Washington 

ARTCC. 

Using agency. U.S. Navy, Commander, 

Naval Surface Weapons Center, Dahlgren, 

VA. 

* * * * * 

Issued in Washington, DC, on October 18, 

2024. 

Frank Lias, 

Manager, Rules and Regulations Group. 

[FR Doc. 2024–24592 Filed 10–23–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

14 CFR Parts 250 and 254 

RIN 2105–AF30 

Periodic Revisions to Denied Boarding 

Compensation and Domestic Baggage 

Liability Limits 

AGENCY: Office of the Secretary (OST), 

Department of Transportation (DOT). 

ACTION: Final rule. 


lotter on DSK11XQN23PROD with RULES1
84816 Federal Register / Vol. 89, No. 206 / Thursday, October 24, 2024 / Rules and Regulations 

1Final Rule, Implementing Certain Provisions of 

the TICKETS Act and Revisions to Denied Boarding 

Compensation and Domestic Baggage Liability 

Limits, 86 FR 2534, January 13, 2021. 

2The CPI–U for all items in July 2024 was 

314.540. See Consumer Price Index—July 2024, 

Table 1, USDL–24–1662, available at https://

www.bls.gov/news.release/archives/cpi_

08142024.htm (Issued Aug. 14, 2024). 

3Section 250.5(a)(2) provides that the liability 

limit amount for DBC is $775 for passengers who 

are denied boarding involuntarily on a domestic 

flight by a carrier who offers alternate 

transportation that is planned to arrive at the 

passenger’s first stopover or final destination more 

than one hour but less than two hours after the 

planned arrival time of the passenger’s original 

flight. Section 250.5(a)(3) provides that the liability 

limit amount for DBC is $1,550 for passengers who 

are denied boarding involuntarily on a domestic 

flight by a carrier who offers alternate 

transportation that is planned to arrive at the 

passenger’s first stopover or final destination more 

than two hours after the planned arrival time of the 

passenger’s original flight. 4 86 FR 2534, January 13, 2021. 

SUMMARY: This final rule, in accordance 

with existing regulation, raises the 

liability limits for denied boarding 

compensation that U.S. and foreign air 

carriers may impose from the current 

figures of $775 and $1,550 to $1,075 and 

$2,150. Also, in accordance with 

existing regulation, this final rule raises 

the liability limit U.S. carriers may 

impose for mishandled baggage in 

domestic air transportation from the 

current amount of $3,800 to $4,700. 

DATES: This rule is effective on January 

22, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Stuart Hindman, Senior Attorney, Office 

of the General Counsel, Department of 

Transportation, 1200 New Jersey Ave. 

SE, Washington, DC 20590; 202–366– 

9041, stuart.hindman@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Revision of Carriers’ Liability Limits 

for Denied Boarding Compensation 

The Department’s oversales rule, 14 

CFR part 250, requires that the DBC 

liability limit amounts be periodically 

adjusted to reflect changes in the 

Consumer Price Index for All Urban 

Consumers (CPI–U). Specifically, 14 

CFR 250.5(e) provides for the review of 

denied boarding compensation every 

two years through a specific formula to 

calculate the revised DBC liability limit 

amounts. The formula is below: 

Current DBC limit in § 250.5(a)(2) 

multiplied by (a/b) rounded to the 

nearest $25 where: 

a = July CPI–U of year of current adjustment 

b = the CPI–U figure in August 2011 when 

the inflation adjustment provision was 

added to part 250. 

Section 250.5(e) specifies that the 

DBC liability limit in § 250.5(a)(3) shall 

be twice the revised limit for 

§ 250.5(a)(2), the DBC liability limit in 

§ 250.5(b)(2) shall be the same as the 

revised limit for § 250.5(a)(2), and the 

DBC liability limit in § 250.5(b)(3) shall 

be twice the revised limit in 

§ 250.5(a)(2). 

In a final rule issued on January 13, 

2021, the Department reviewed the DBC 

liability limits and adjusted them to the 

current amounts of $775/$1,550, using 

the CPI–U for July 2020.1 For this 

review, we are using the CPI–U for July 

2024, which was issued by the Bureau 

of Labor Statistics on August 14, 2024.2

In this review, we apply the formula 

using the CPI–U from August 2011 (the 

basis month required by the formula) 

and July 2024. The results of this 

calculation require that the DBC liability 

limit amounts be raised. Specifically, 

the appropriate inflation adjustment for 

the amount provided in § 250.5(a)(2) is 

$775 × 314.540/226.545 [$775 × 1.3884], 

which yields $1,076. The base amount 

of $775 in the formula was the denied 

boarding compensation liability limit 

amount in § 250.5(a)(2),3 as adjusted by 

the 2020 final rule; 314.540 was the 

CPI–U for July 2024, and 226.545 was 

the CPI–U for August 2011. Section 

250.5(e) requires us to round the 

adjustment to the nearest $25, which is 

$1,075 in this case. Section 250.5(a)(3) 

and (b)(3) provide that for passengers 

who are not rerouted to reach their 

destination within two hours of the 

planned arrival time of their original 

domestic flight (four hours for 

international transportation), the DBC 

liability limit amount is twice the 

amount provided by § 250.5(a)(2) and 

(b)(2); therefore, under the formula 

adjustment, this amount is twice $1,075, 

or $2,150. 

II. Revision of Domestic Baggage 

Liability Limit 

The baggage liability limit that air 

carriers may apply to domestic air 

service is established by 14 CFR part 

254. This limit applies to a carrier’s 

liabilities towards any provable direct or 

consequential damages resulting from 

the disappearance of, damage to, or 

delay in delivery of a passenger’s 

baggage that was in a carrier’s custody 

during domestic air transportation. Like 

the requirements regarding the 

provision of DBC to passengers in 

appropriate circumstances, this 

requirement has never limited the 

maximum amount of compensation a 

carrier may provide a passenger in 

connection with mishandled baggage. It 

merely provides a regulatory minimum 

liability limit that carriers may set. 

Section 254.6 requires review every two 

years of the limit of liability prescribed 

in part 254 and revision of the limit of 

liability, if necessary, to reflect changes 

in the CPI–U as of July of each review 

year through a specific formula. The 

formula is below: 

$2,500 × (a/b) rounded to the nearest 

$100 

where: 

a = July CPI–U of year of current adjustment 

b = the CPI–U figure in December 1999 when 

the inflation adjustment provision was 

added to part 254. 

The application of the formula during 

the 2020 review of the domestic baggage 

liability limit required that the amount 

be raised from $3,500 to the current 

amount of $3,800.4 The current review 

requires another inflation adjustment. 

Applying the formula using the 

consumer price index for December 

1999 (the basis month required by the 

formula) and July 2024, the appropriate 

inflation adjustment is $2,500 × 

314.540/168.30 [$2,500 × 1.8689], which 

yields $4,672.25. The base amount of 

$2,500 in the formula was the minimum 

liability limit in part 254 at the time that 

this biennial indexing provision was 

added to the rule in 1999, 314.540 was 

the CPI–U for July 2024, and 168.30 was 

the CPI–U for December 1999. Section 

254.6 requires rounding the adjustment 

to the nearest $100, which is $4,700. 

III. Regulatory Analyses and Notices 

Good Cause for Issuing Rule Without 

Prior Notice and Comment 

The Administrative Procedure Act 

(APA) provides that when an agency, for 

good cause, finds that notice of a 

proposed rule and public procedure 

thereon 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. 

Under 5 U.S.C. 553(b)(B), good cause 

exists for dispensing with a notice of 

proposed rulemaking and public 

comment for the inflation adjustments 

herein as the application of this rule 

does not involve any agency discretion. 

These adjustments are a ministerial 

inflation update of applicable amounts 

based on the terms and formulas set by 

14 CFR 250.5 and 14 CFR 254.6. Those 

formulas were subject to notice and 

comment in the rulemaking proceedings 

during which they were added to the 

baggage liability and oversales rules. 

Accordingly, because this update is 

purely an application of the formula, we 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 206 / Thursday, October 24, 2024 / Rules and Regulations 84817 

5Source: Air Travel Consumer Report, February 

2024 edition, page 52. https://

www.transportation.gov/sites/dot.gov/files/2024-03/ 

February%202024%20ATCR.pdf. 

6The information provided to the Department by 

carriers in 2013 was based on the number of 

mishandled baggage reports (MBRs) filed with 

carriers by passengers, which was consistent with 

the reporting requirement in effect then pursuant to 

14 CFR part 234. The number of MBRs in general 

is equal to the number of passengers who 

experienced mishandled bags. In 2016, the 

Department revised part 234 by requiring reporting 

carriers to report the number of mishandled bags 

instead of MBRs. See, Final Rule, Reporting of Data 

for Mishandled Baggage and Wheelchairs and 

Scooters Transported in Aircraft Cargo 

Compartments, 81 FR 76300, Nov. 2, 2016. The new 

reporting requirement became effective in 2019. As 

one MBR may contain multiple mishandled bags, 

the number of mishandled bags is in general 

slightly larger than the number of MBRs. 

find that there is good cause to publish 

a final rule without first providing 

notice and an opportunity for comment. 

Effective Date 

This final rule will become effective 

with respect to transportation taking 

place on or after January 22, 2025. For 

any carrier that imposes liability limits 

on its denied boarding compensation 

and mishandled domestic baggage 

compensation, the limits must be 

updated to these new amounts for 

transportation taking place on or after 

the effective date (as opposed to tickets 

sold on or after the effective date). All 

notices to passengers required by part 

250 and part 254 as they pertain to the 

new DBC liability limits and domestic 

baggage liability limit must be updated 

by the effective date of this final rule. 

Executive Order 12866 

This final rule has been evaluated 

following existing policies and 

procedures and is considered not 

significant under Executive Order 

12866, as amended by Executive Order 

14094 (‘‘Modernizing Regulatory 

Review’’), and DOT’s Regulatory 

Policies and Procedures. Therefore, the 

rule has not been reviewed by the Office 

of Management and Budget (OMB) 

under Executive Order 12866. This 

regulation conforms with the policies 

and procedures of DOT’s administrative 

rule on rulemakings. 49 CFR part 5. 

Denied Boarding Compensation 

Liability Limits 

The rule provides for an inflation 

adjustment to the DBC liability limit 

amounts that air carriers and foreign air 

carriers must pay passengers who are 

involuntarily denied boarding. The 

inflation adjustment is required by 

regulation and does not involve any 

exercise of discretion or interpretation. 

Because the Department does not have 

the flexibility to alter the inflation 

adjustment, it did not consider 

regulatory alternatives. The rule 

increases transfers from carriers to 

passengers to the extent that it increases 

compensation; any increase, however, 

would be minimal. In 2023, 24,756 

passengers—29 passengers per 

1,000,000 enplaned passengers—were 

involuntarily denied boarding on 

scheduled domestic and outbound 

international flights.5 Many of those 

passengers qualified for compensation 

amounts below the DBC liability limit, 

and their compensation would not have 

been affected by the increase in the 

limits. 

Domestic Baggage Liability 

The rule provides for an inflation 

adjustment to the amount of the 

minimum limit on baggage liability that 

air carriers may assert in cases of 

mishandled baggage. The adjustment is 

required by current regulation, with no 

opportunity for interpretation. The rule 

increases transfers from carriers to 

passengers to the extent that it increases 

mishandled baggage compensation. This 

increase would be limited, however, 

because the majority of mishandled 

baggage cases do not result in claims 

that meet the liability limit. Based on 

information provided by carriers during 

an inflation adjustment review to the 

domestic baggage limit in 2013, slightly 

more than half of one percent of 

mishandled bags qualify for the current 

limit.6

Regulatory Flexibility Act 

The Regulatory Flexibility Act of 1980 

(5 U.S.C. 601–612) requires an 

assessment of the impact of proposed 

and final rules on small entities unless 

the agency certifies that the proposed 

regulation will not have a significant 

economic impact on a substantial 

number of small entities. An air carrier 

or a foreign air carrier is a small 

business if it provides air transportation 

only with small aircraft (i.e., aircraft 

with up to 60 seats/18,000-pound 

payload capacity). See 14 CFR 399.73. 

The revisions of the baggage liability 

amounts affect flight segments operated 

with large aircraft, i.e., more than 60 

seats. Therefore, this provision of the 

rule does not impact small air carriers 

or foreign air carriers. The revisions of 

the DBC amounts affect flight segments 

operated with aircraft designed to have 

passenger capacity of 30 or more. As a 

result, many operations of small 

entities, such as air taxis and many 

commuter air carriers, are not covered 

by this provision of the rule. Moreover, 

any additional costs for small entities 

associated with this provision will be 

minimal and, in the case of baggage 

liability, may be covered by insurance. 

Accordingly, I hereby certify that this 

action will not have a significant 

economic impact on a substantial 

number of small entities. 

Paperwork Reduction Act 

This final rule imposes no new 

reporting or record keeping 

requirements necessitating clearance by 

OMB. 

National Environmental Policy Act 

The Department has analyzed the 

environmental impacts of this proposed 

action pursuant to the National 

Environmental Policy Act of 1969 (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) available at https://

www.transportation.gov/office-policy/ 

transportation-policy/proceduresconsidering-environmental-impacts-dotorder-56101c. 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 

1508.1(d). 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 provides that 

‘‘[a]ctions relating to consumer 

protection, including regulations’’ are 

categorically excluded. The purpose of 

this rulemaking is to adjust the amounts 

for denied boarding compensation and 

the minimum domestic baggage liability 

limit. The Department does not 

anticipate any environmental impacts, 

and there are no extraordinary 

circumstances present in connection 

with this rulemaking. 

List of Subjects 

14 CFR Part 250 

Air carriers, Consumer protection, 

Reporting and recordkeeping 

requirements. 

14 CFR Part 254 

Administrative practice and 

procedure, Air carriers, Consumer 

protection, Reporting and recordkeeping 

requirements. 


lotter on DSK11XQN23PROD with RULES1
84818 Federal Register / Vol. 89, No. 206 / Thursday, October 24, 2024 / Rules and Regulations 

* Nothing in the Department of Transportation’s 

regulation prohibits carriers from offering denied 

boarding compensations in an amount more than 

the amount calculated according to the chart above, 

or more than the denied boarding compensation 

liability limit amounts stated in the chart. 

** Nothing in the Department of Transportation’s 

regulation prohibits carriers from offering denied 

boarding compensations in an amount more than 

the amount calculated according to the chart above, 

or more than the denied boarding compensation 

liability limit amounts stated in the chart. 

Accordingly, the Department of 

Transportation amends 14 CFR parts 

250 and 254 as follows: 

PART 250—OVERSALES 

■ 1. The authority citation for 14 CFR 

part 250 continues to read as follows: 

Authority: 49 U.S.C. 329 and chapters 

41102, 41301, 41708, 41709, and 41712. 

§ 250.5 [Amended] 

■ 2. Section 250.5 is amended as 

follows: 

■ a. In paragraphs (a)(2) and (b)(2) by 

removing ‘‘$775’’ and adding ‘‘$1,075’’ 

in its place, and 

■ b. In paragraphs (a)(3) and (b)(3) by 

removing ‘‘$1,550’’ and inserting 

‘‘$2,150’’ in its place. 

■ 3. Section 250.9 is amended by 

revising paragraph (b) to read as follows: 

§ 250.9 Written explanation of denied 

boarding compensation and boarding 

priorities, and verbal notification of denied 

boarding compensation. 

* * * * * 

(b) The statement shall read as 

follows: 

Compensation for Denied Boarding 

If you have been denied a reserved 

seat on (name of air carrier), you are 

probably entitled to monetary 

compensation. This notice explains the 

airline’s obligation and the passenger’s 

rights in the case of an oversold flight, 

in accordance with regulations of the 

U.S. Department of Transportation. 

Volunteers and Boarding Priorities 

If a flight is oversold (more passengers 

hold confirmed reservations than there 

are seats available), no one may be 

denied boarding against his or her will 

until airline personnel first ask for 

volunteers who will give up their 

reservation willingly, in exchange for 

compensation of the airline’s choosing. 

If there are not enough volunteers, other 

passengers may be denied boarding 

involuntarily in accordance with the 

following boarding priority of (name of 

air carrier): (In this space the carrier 

inserts its boarding priority rules or a 

summary thereof, in a manner to be 

understandable to the average 

passenger.) 

Compensation for Involuntary Denied 

Boarding 

If you are denied boarding 

involuntarily, you are entitled to a 

payment of ‘‘denied boarding 

compensation’’ from the airline unless: 

(1) you have not fully complied with 

the airline’s ticketing, check-in and 

reconfirmation requirements, or you are 

not acceptable for transportation under 

the airline’s usual rules and practices; or 

(2) you are denied boarding because 

the flight is canceled; or 

(3) you are denied boarding because a 

smaller capacity aircraft was substituted 

for safety or operational reasons; or 

(4) on a flight operated with an 

aircraft having 60 or fewer seats, you are 

denied boarding due to safety-related 

weight/balance restrictions that limit 

payload; or 

(5) you are offered accommodations in 

a section of the aircraft other than 

specified in your ticket, at no extra 

charge (a passenger seated in a section 

for which a lower fare is charged must 

be given an appropriate refund); or 

(6) the airline is able to place you on 

another flight or flights that are planned 

to reach your next stopover or final 

destination within one hour of the 

planned arrival time of your original 

flight. 

Amount of Denied Boarding 

Compensation 

Domestic Transportation 

Passengers traveling between points 

within the United States (including the 

territories and possessions) who are 

denied boarding involuntarily from an 

oversold flight are entitled to: (1) No 

compensation if the carrier offers 

alternate transportation that is planned 

to arrive at the passenger’s destination 

or first stopover not later than one hour 

after the planned arrival time of the 

passenger’s original flight; (2) at least 

200 percent of the fare to the passenger’s 

destination or first stopover, or $1,075, 

whichever is lower, if the carrier offers 

alternate transportation that is planned 

to arrive at the passenger’s destination 

or first stopover more than one hour but 

less than two hours after the planned 

arrival time of the passenger’s original 

flight; and (3) at least 400 percent of the 

fare to the passenger’s destination or 

first stopover, or $2,150, whichever is 

lower, if the carrier does not offer 

alternate transportation that is planned 

to arrive at the airport of the passenger’s 

destination or first stopover less than 

two hours after the planned arrival time 

of the passenger’s original flight. 

0 to 1 hour arrival delay: No 

compensation. 

1 to 2 hour arrival delay: 200% of 

one-way fare (carriers may limit this 

amount to $1,075 if it is higher than 

$1,075).* 

Over 2 hours arrival delay: 400% of 

one-way fare (carriers may limit this 

amount to $2,150 if it is higher than 

$2,150).* 

International Transportation 

Passengers traveling from the United 

States to a foreign point who are denied 

boarding involuntarily from an oversold 

flight originating at a U.S. airport are 

entitled to: (1) No compensation if the 

carrier offers alternate transportation 

that is planned to arrive at the 

passenger’s destination or first stopover 

not later than one hour after the planned 

arrival time of the passenger’s original 

flight; (2) at least 200 percent of the fare 

to the passenger’s destination or first 

stopover, or $1,075, whichever is lower, 

if the carrier offers alternate 

transportation that is planned to arrive 

at the passenger’s destination or first 

stopover more than one hour but less 

than four hours after the planned arrival 

time of the passenger’s original flight; 

and (3) at least 400 percent of the fare 

to the passenger’s destination or first 

stopover, or $2,150, whichever is lower, 

if the carrier does not offer alternate 

transportation that is planned to arrive 

at the airport of the passenger’s 

destination or first stopover less than 

four hours after the planned arrival time 

of the passenger’s original flight. 

0 to 1 hour arrival delay: No 

compensation. 

1 to 4 hour arrival delay: 200% of 

one-way fare (carriers may limit this 

amount to $1,075 if it is higher than 

$1,075).** 

Over 4 hours arrival delay: 400% of 

one-way fare (carriers may limit this 

amount to $2,150 if it is higher than 

$2,150).** 

Alternate Transportation 

‘‘Alternate transportation’’ is air 

transportation with a confirmed 

reservation at no additional charge (by 

any scheduled airline licensed by DOT), 

or other transportation accepted and 

used by the passenger in the case of 

denied boarding. 

Method of Payment 

Except as provided below, the airline 

must give each passenger who qualifies 

for involuntary denied boarding 

compensation a payment by cash or 

check for the amount specified above, 

on the day and at the place the 

involuntary denied boarding occurs. If 

the airline arranges alternate 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 206 / Thursday, October 24, 2024 / Rules and Regulations 84819 

transportation for the passenger’s 

convenience that departs before the 

payment can be made, the payment 

shall be sent to the passenger within 24 

hours. The air carrier may offer free or 

discounted transportation in place of 

the cash payment. In that event, the 

carrier must disclose all material 

restrictions on the use of the free or 

discounted transportation before the 

passenger decides whether to accept the 

transportation in lieu of a cash or check 

payment. The passenger may insist on 

the cash/check payment or refuse all 

compensation and bring private legal 

action. 

Passenger’s Options 

Acceptance of the compensation may 

relieve (name of air carrier) from any 

further liability to the passenger caused 

by its failure to honor the confirmed 

reservation. However, the passenger 

may decline the payment and seek to 

recover damages in a court of law or in 

some other manner. 

* * * * * 

PART 254—DOMESTIC BAGGAGE 

LIABILITY 

■ 4. The authority citation for 14 CFR 

part 254 continues to read as follows: 

Authority: 49 U.S.C. 40113, 41501, 41504, 

41510, 41702, and 41707. 

§ 254.4 [Amended] 

■ 5. Section 254.4 is amended by 

removing ‘‘$3,800’’ and adding ‘‘$4,700’’ 

in its place. 

§ 254.5 [Amended] 

■ 6. Section 254.5 is amended in 

paragraph (b) by removing ‘‘$3,800’’ and 

adding ‘‘$4,700’’ in its place. 

Issued in Washington, DC, pursuant to 

authority delegated in 49 CFR 1.27(n). 

Subash Iyer, 

Acting General Counsel. 

[FR Doc. 2024–23588 Filed 10–23–24; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Chapter I 

[Docket No. FDA–2024–D–2977] 

Food and Drug Administration 

Enforcement Policy for Association of 

American Feed Control Officials— 

Defined Animal Feed Ingredients; 

Guidance for Industry; Availability 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice of availability. 

SUMMARY: The Food and Drug 

Administration (FDA or Agency) is 

announcing the availability of a final 

guidance for industry #293 entitled 

‘‘FDA Enforcement Policy for AAFCODefined Animal Feed Ingredients.’’ This 

communicates FDA’s enforcement 

policy regarding ingredients listed in 

chapter six of the 2024 Association of 

American Feed Control Officials 

(AAFCO) Official Publication after the 

Agency’s memorandum of 

understanding with AAFCO expired on 

October 1, 2024. 

DATES: The announcement of the 

guidance is published in the Federal 

Register on October 24, 2024. 

ADDRESSES: You may submit either 

electronic or written comments on 

Agency guidances at any time as 

follows: 

Electronic Submissions 

Submit electronic comments in the 

following way: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

Comments submitted electronically, 

including attachments, to https://

www.regulations.gov will be posted to 

the docket unchanged. Because your 

comment will be made public, you are 

solely responsible for ensuring that your 

comment does not include any 

confidential information that you or a 

third party may not wish to be posted, 

such as medical information, your or 

anyone else’s Social Security number, or 

confidential business information, such 

as a manufacturing process. Please note 

that if you include your name, contact 

information, or other information that 

identifies you in the body of your 

comments, that information will be 

posted on https://www.regulations.gov. 

• If you want to submit a comment 

with confidential information that you 

do not wish to be made available to the 

public, submit the comment as a 

written/paper submission and in the 

manner detailed (see ‘‘Written/Paper 

Submissions’’ and ‘‘Instructions’’). 

Written/Paper Submissions 

Submit written/paper submissions as 

follows: 

• Mail/Hand Delivery/Courier (for 

written/paper submissions): Dockets 

Management Staff (HFA–305), Food and 

Drug Administration, 5630 Fishers 

Lane, Rm. 1061, Rockville, MD 20852. 

• For written/paper comments 

submitted to the Dockets Management 

Staff, FDA will post your comment, as 

well as any attachments, except for 

information submitted, marked and 

identified, as confidential, if submitted 

as detailed in ‘‘Instructions.’’ 

Instructions: All submissions received 

must include the Docket No. FDA– 

2024–D–2977 for ‘‘FDA Enforcement 

Policy for AAFCO-Defined Animal Feed 

Ingredients.’’ Received comments will 

be placed in the docket and, except for 

those submitted as ‘‘Confidential 

Submissions,’’ publicly viewable at 

https://www.regulations.gov or at the 

Dockets Management Staff between 9 

a.m. and 4 p.m., Monday through 

Friday, 240–402–7500. 

• Confidential Submissions—To 

submit a comment with confidential 

information that you do not wish to be 

made publicly available, submit your 

comments only as a written/paper 

submission. You should submit two 

copies total. One copy will include the 

information you claim to be confidential 

with a heading or cover note that states 

‘‘THIS DOCUMENT CONTAINS 

CONFIDENTIAL INFORMATION.’’ The 

Agency will review this copy, including 

the claimed confidential information, in 

its consideration of comments. The 

second copy, which will have the 

claimed confidential information 

redacted/blacked out, will be available 

for public viewing and posted on 

https://www.regulations.gov. Submit 

both copies to the Dockets Management 

Staff. If you do not wish your name and 

contact information to be made publicly 

available, you can provide this 

information on the cover sheet and not 

in the body of your comments and you 

must identify this information as 

‘‘confidential.’’ Any information marked 

as ‘‘confidential’’ will not be disclosed 

except in accordance with 21 CFR 10.20 

and other applicable disclosure law. For 

more information about FDA’s posting 

of comments to public dockets, see 80 

FR 56469, September 18, 2015, or access 

the information at: https://

www.govinfo.gov/content/pkg/FR-2015- 

09-18/pdf/2015-23389.pdf. 

Docket: For access to the docket to 

read background documents or the 

electronic and written/paper comments 

received, go to https://

www.regulations.gov and insert the 

docket number, found in brackets in the 

heading of this document, into the 

‘‘Search’’ box and follow the prompts 

and/or go to the Dockets Management 

Staff, 5630 Fishers Lane, Rm. 1061, 

Rockville, MD 20852, 240–402–7500. 

You may submit comments on any 

guidance at any time (see 21 CFR 

10.115(g)(5)). 

Submit written requests for single 

copies of the guidance to the Policy and 

Regulations Staff, Center for Veterinary 

Medicine, Food and Drug 

Administration, 7500 Standish Pl., 


lotter on DSK11XQN23PROD with RULES1