Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Notices 51175

1Section 201.5 further prohibits issuance of

tickets or acceptance of payment for a carrier’s

proposed service until its authority has become

effective or the Department specifically authorizes

sales. Under the rule, after Department approval but

prior to receipt of effective authority, a carrier may

advertise, take reservations and publish schedules

(but not accept payment), provided such advertising

or schedules prominently state the following: ‘‘This

service is subject to receipt of government operating

authority.’’

Explanation of Correction: The action

designated in section 1, would correct

the misspelling in the article description

of a tariff category created to implement

a concession under the NAFTA,

effective as of the date of entry into

force of that agreement. The new tariff

provision created in section 2 would

correct the inadvertent deletion by Pres.

Proclamation 7011 of a pre-existing

temporary duty suspension on

particular semiconductor machinery.

Proclamation 7011 implemented the

Information Technology Agreement

(ITA) for the United States. Annex B to

that Proclamation failed to continue a

pre-existing duty suspension provision,

since the goods covered by the duty

suspension now fall in another

provision of chapter 84. The duty

suspension provision of chapter 99 must

be amended accordingly to reflect the

tariff subheading now applicable to

these goods. The continuation of the

duty suspension (which is scheduled to

continue through the close of 2000)

allows the subject products to continue

to enter the customs territory free of

duty, rather than to enter at the rates of

duty (being reduced in stages) provided

under the ITA.

Frederick L. Montgomery,

Executive Secretary.

[FR Doc. 97–25824 Filed 9–29–97; 8:45 am]

BILLING CODE 3190–01–M

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Foreign Air Carriers; Unfair and

Deceptive Advertising; Enforcement

Policy

AGENCY: Office of the Secretary (DOT).

ACTION: Notice.

SUMMARY: The Department’s Office of

Aviation Enforcement and Proceedings

issues this notice to clarify its

enforcement policy with regard to the

advertising of service to or from the U.S.

by foreign carriers. The notice advises

foreign carriers that advertising service

for which they lack the requisite

economic authority from the

Department violates the authority

provisions of 49 U.S.C. § 41301 and is

an unfair and deceptive practice under

49 U.S.C. § 41712 that may warrant

enforcement action, even if the carrier

has an application for such authority

pending before the Department.

FOR FURTHER INFORMATION CONTACT:

Nicholas Lowry, Office of Aviation

Enforcement and Proceedings, U.S.

Department of Transportation, 400 7th

St. SW., Washington, DC 20590. Tel. No.

(202) 366–9349.

United States of America, Department

of Transportation, Office of the

Secretary, Washington, D.C.

Advertising of Scheduled Service in

Foreign Air Transportation—Use of the

Notation ‘‘Subject to Government

Approval’’

Notice

During a recent investigation, it came

to the attention of the Office of Aviation

Enforcement and Proceedings (AEP) that

some foreign air carriers may be holding

out service from the U.S. to foreign

points for which they lack U.S.

economic authority under 49 U.S.C.

§ 41301. The issue arose in connection

with listings by a foreign carrier on the

internet and in the Official Airline

Guide (OAG) which related to service

that was the subject of its application for

authority. The application was pending

at the time the advertisements appeared.

The carrier included with the listings in

question a statement that the service

was ‘‘subject to government approval,’’

to indicate that the service was

contingent on receiving Department

approval and might not be provided. It

also stated to AEP that it accepted no

reservations for the service in the U.S.

We asked the carrier to remove the

listings in question and it agreed. Since

similar practices may be widespread, we

believe it appropriate to disseminate

AEP’s policy on matters of this kind to

all foreign carriers operating or planning

to operate from the U.S.

AEP has in the past applied and will

continue to apply the same standards to

the advertisement of proposed service

by foreign carriers as it currently applies

under Department regulations to U.S.

applicants for certificate authority.

Section 201.5 of the Department’s rules

(14 CFR 201.5) provides that U.S.

applicants for certificate authority may

not ‘‘advertise, list schedules or accept

reservations’’ or ‘‘accept payment or

issue tickets’’ for their proposed service

until the relevant application has been

approved by the Department. 1 Although

section 201.5 is specifically limited to

U.S. applicants for air carrier authority,

we will continue our practice of

following a consistent policy in

evaluating the advertisements and

schedule listings of foreign air carriers.

We will therefore consider it an unfair

and deceptive practice and an unfair

method of competition within the

meaning of 49 U.S.C. § 41712, as well as

a violation of the authority provisions of

49 U.S.C. § 41301, for a foreign air

carrier to hold out service in the U.S. for

which it does not have all requisite

authorizations from the Department at

the time of the holding out.

By the term ‘‘holding out,’’ we refer to

listing or advertising service in any

medium reasonably likely to reach the

U.S. public, such as computer

reservations systems (CRSs), the

internet, or published media, such as

the Official Airline Guide. Clearly, if the

appropriate authority is the subject of an

application pending with the

Department, the service may not be

listed or advertised. A note stating that

the listed service is ‘‘subject to

government approval’’ where an

application is pending within the

Department is not sufficient to avoid a

violation of 49 U.S.C. § 41712 and

§ 41301. Moreover, a violation is not

avoided by refusing to take reservations

or accept payment for tickets. On the

other hand, a carrier may hold out

service with a notation that service is

‘‘subject to government approval’’ if the

carrier has the requisite U.S. authority

but is awaiting approvals from foreign

governments only for the service

advertised.

Questions regarding this notice may

be addressed to the Office of Aviation

Enforcement and Proceedings, C–70,

400 7th St., S.W., Washington, D.C.

20590. A copy of this notice will be

published in the Federal Register.

Dated: September 24, 1997.

By:

Samuel Podberesky,

Assistant General Counsel for Aviation

Enforcement and Proceedings.

An electronic version of this document is

available on the World Wide Web at http://

www.dot.gov.

[FR Doc. 97–25903 Filed 9–29–97; 8:45 am]

BILLING CODE 4910–62–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Request Renewal

From the Office of Management and

Budget (OMB) of Current Public

Collections of Information

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice.
51176 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Notices

SUMMARY: In compliance with the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.), the FAA invites public

comment on six currently approved

public information collections which

will be submitted to OMB for renewal.

DATES: Comments must be received on

or before December 1, 1997.

ADDRESSES: Comments on any of these

collections may be mailed or delivered

to the FAA at the following address: Ms.

Judith Street, Room 612, Federal

Aviation Administration, Corporate

Information Division, ABC–100, 800

Independence Ave., SW., Washington,

DC 20591.

FOR FURTHER INFORMATION CONTACT:

Ms. Judith Street at the above address or

on (202) 267–9895.

SUPPLEMENTARY INFORMATION: The FAA

solicits comments on any of the current

collections of information in order to

evaluate the necessity of the collection,

the accuracy of the agency’s estimate of

the burden, the quality, utility, and

clarity of the information to be

collected, and possible ways to

minimize the burden of the collection.

Following are short synopses of the six,

currently approved public information

collection activities, which will be

submitted to OMB for review and

renewal:

1. 2120–0021, Certification: Pilots and

Flight Instructors. The FAA is

empowered to issue airmen certificates

to properly qualified persons. This

clearance request covers the burden

imposed on airmen directly responsible

for the control of aircraft. 14 CFR part

61 prescribes requirements for pilot and

flight instructor certificates. 14 CFR part

143 prescribes requirements for ground

instructors. The current burden for this

collection is estimated to be 8020 hours

reporting and 248,675 hours in

recordkeeping. Information collected is

used to determine compliance and

applicant eligibility. The number of

respondents is estimated to be 709,540.

2. 2120–0022, Certification:

Mechanics. Repairmen, Parachute

Riggers—14 CFR part 65. The regulation

prescribes requirements for mechanics,

repairmen, parachute riggers, and

inspection authorizations. Information

collected shows applicant eligibility.

Certification is required to perform

these job functions. The current burden

associated with this collection is 31,559

hours of reporting burden, and 26,250

hours of recordkeeping burden. The

number of respondents is estimated to

be 39,639.

3. 2120–0036, Notice of Landing Area

Proposal. 14 CFR part 157 requires that

each person who intends to construct,

activate, deactivate, or change the status

of an airport, runway, or taxiway shall

notify the FAA. FAA Form 7480–1,

Notice of Landing Area Proposal, is

used to collect the required information

on an as needed basis. The current

burden is estimated to be 2,989 hours

with 3,986 respondents.

4. 2120–0075, Airport Security—part

107 of the Federal Aviation Regulations

(14 CFR Ch. I, part 107). Airport security

programs, training records and

screening, bomb threats, and arrest

reports are needed to ensure protection

of persons and property in air

transportation against acts of criminal

violence, ensure passenger screening

procedures are effective and that

information is available to comply with

Congressional reporting requirements.

The current burden is estimated at

15,268 hours of reporting and 59,546

hours of recordkeeping on 465

respondents.

5. 2120–0085, Certification and

Operations, 14 CFR part 125. The FAA

is authorized to issue Air Carrier

Operation Certificates. 14 CFR part 125

prescribes requirements for leased

aircraft, Aviation Service Firms and Air

Travel Clubs. Information collected

shows compliance and applicant’s

eligibility. The current burden is

estimated at 11,683 reporting hours

annually and 17,762 recordkeeping

hours annually by 57 respondents.

6. 2120–00573, Special Federal

Aviation regulation—SFAR–64 was

effective on June 3, 1993, and permitted

certain operations of noise-restricted

aircraft without a formal grant of

exemption under 14 CFR part 11.

Absent this SFAR, there is no regulatory

basis for approval of limited special

flight authorization for noncomplying

aircraft under 14 CFR part 91, subpart

I. Operators of these aircraft would need

to petition for and receive a grant of

exemption under 14 CFR part 11, which

is costly and time consuming for both

the petitioner and the FAA. The FAA

believes that it is in the public interest

to allow limited operations of certain

airplanes that do not meet the noise

standards of 14 CFR part 91, subpart I,

for the purpose of delivering the

airplane to a foreign purchaser or flying

it to the site of a modifier in the United

States who will bring it into compliance

with 14 CFR 91.805. Under this SFAR,

operators would be able to apply for a

special flight authorization to allow

limited nonrevenue operations at

specific U.S. airports. The information

will be used by the FAA to issue special

flight authorizations for operations of

Stage 1 or Stage 2 airplanes at U.S.

airports. The current number of

respondents is estimated at 25 for a total

annual burden of 38 hours.

Issued in Washington, DC., on September

24, 1997.

Steve Hopkins,

Manager, Corporate Information Division,

ABC–100.

[FR Doc. 97–25827 Filed 9–29–97; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Commercial Space Transportation

Advisory Committee; Open Meeting

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of Commercial Space

Transportation Advisory Committee

open meeting.

SUMMARY: Pursuant to Section 10(a)(2) of

the Federal Advisory Committee Act

(Pub. L. 92–463, 5 U.S.C. App. 2), notice

is hereby given of a meeting of the

Commercial Space Transportation

Advisory Committee (COMSTAC). The

meeting will take place on Thursday,

October 23, 1997, from 8:00 a.m. to 1:15

p.m. in Room 2230 of the Department of

Transportation’s Headquarters building

at 400 Seventh Street, SW, in

Washington, DC. This will be the

twenty-sixth meeting of the COMSTAC.

The agenda for the meeting will

include reports from the respective

COMSTAC Working Groups; a

legislative update on Congressional

activities involving commercial space

transportation; an activities report from

FAA’s Acting Associate Administrator

for Commercial Space Transportation

(formerly the Office of Commercial

Space Transportation [60 FR 62762,

December 7, 1995]); and other related

topics. The meeting is open to the

public; however, space is limited.

Meetings of the Technology and

Innovation, Risk Management, and

Launch Operations and Support

Working Groups will be held on

Wednesday, October 22, 1997. For

specific information concerning the

times and locations of these meetings,

contact the Contact Person listed below.

Individuals who plan to attend and

need special assistance, such as sign

language interpretation or other

reasonable accommodations, should

inform the Contact Person listed below

in advance of the meeting.

FOR FURTHER INFORMATION CONTACT:

Brenda Parker (AST-200), Office of the

Associate Administrator for Commercial

Space Transportation (AST), 400 7th

Street SW, Room 5415, Washington, DC

20590, telephone (202) 366–2932.