21580 Federal Register / Vol. 60, No. 84 / Tuesday, May 2, 1995 / Notices

1P.L. 103–305 defines ‘‘regional/commuter

carriers’’ as (a) all Part 135 carriers, and (b) Part 121

carriers whose operations consist entirely of service

with aircraft with 70 or fewer passenger seats. An

FAA-designated ‘‘nonhub’’ is a community that

accounts for less than 0.05 percent of all revenue

enplanements in the nation—less than 234,157

enplanements during calendar year 1993, the most

recent year for which data are available. 2The Appendix lists the 27 nonhubs at issue.

opportunity to present their views in writing.

The Board of Directors shall then determine

the appropriate disposition of the LCRP, and

may, if it deems such action to be in the best

interests of the Exchange, direct that the

Allocation Committee reallocate the listed

company’s stock to a different specialist unit.

The currently-assigned specialist unit and

the member organization of any specialist

member of the Board of Directors shall be

precluded from applying to be allocated the

stock. No reference to the LCRP or the

Board’s action shall be retained in the

information maintained by the Allocation

Committee with respect to the currentlyassigned specialist unit, and the currentlyassigned specialist unit shall not be afforded

preferential treatment in subsequent

allocations as a result of a reallocation

pursuant to this rule.

[FR Doc. 95–10789 Filed 5–1–95; 8:45 am]

BILLING CODE 8010–01–M

DEPARTMENT OF STATE

[Public Notice 2195]

Advisory Committee on International

Law; Meeting

A meeting of the Advisory Committee

on International Law will take place on

Thursday, May 18, 1995, from 2:00 to

approximately 5:00 p.m., as necessary,

in room 1207 of the United States

Department of State, 2201 C Street,

N.W., Washington, D.C. The meeting

will be chaired by the Legal Adviser of

the Department of State, Conrad K.

Harper, and will be open to the public

up to the capacity of the meeting room.

The meeting will focus on the

establishment of an international

criminal court and possible United

States Government involvement in

genocide cases before the International

Court of Justice, as well as review of

other current developments in

international law.

Entry to the building is controlled and

will be facilitated by advance

arrangements. Members of the public

desiring access to the session should,

prior to May 17, 1995, notify the Office

of the Assistant Legal Adviser for

United Nations Affairs (telephone (202)

647–6771) of their name, Social Security

number, date of birth, professional

affiliation, address and telephone

number in order to arrange admittance.

The above includes government and

non-government attendees. All

attendees must use the ‘‘C’’ entrance.

One of the following valid IDs will be

required for admittance: any U.S.

driver’s license with photo, a passport,

or a U.S. Government agency ID.

Dated: April 20, 1995.

Bruce C. Rashkow,

Assistant Legal Adviser for United Nations

Affairs; Executive Director, Advisory

Committee on International Law.

[FR Doc. 95–10689 Filed 5–1–95; 8:45 am]

BILLING CODE 4710–08–M

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Final Order Amending Certain

Tentative Findings Contained in an

Earlier Order to Show Cause Order 94–

10–5, Dated October 6, 1994

We are publishing the order in its

entirety as an appendix to this

document.

DATES: Issued in Washington, D.C. April

26, 1995.

EFFECTIVE DATE: April 26, 1995.

FOR FURTHER INFORMATION CONTACT:

Dennis DeVany, U.S. Department of

Transportation, Office of Aviation

Analysis, X–53, Room 6407C, 400 7th

Street, S.W., Washington, DC 20590

(202) 366–1061.

Patrick V. Murphy,

Acting Assistant Secretary for Aviation and

International Affairs.

Appendix

[Order 95–4–38; Docket 49814]

Waivers for Regional/Commuter Carriers

from Certain Service Termination Notice

Requirements; Final Order Granting Waiver

By Order 94–10–5, October 6, 1994, the

Department tentatively established criteria

for granting waivers to regional/commuter

carriers from the notice provision of the

Federal Aviation Administration

Authorization Act of 1994 (Public Law 103–

305). That law requires carriers to file a 45-

day notice of their intention to suspend

service at FAA-designated nonhub

communities. However, it also instructed the

Department to establish terms and conditions

under which regional/commuter carriers

were to be exempted from the notice

requirement.1

Order 94–10–5 proposed that the notice

requirement should be waived for regional/

commuter carriers under either of two

scenarios: first, if the affected community

would continue to receive scheduled service

with jet aircraft; or second, if the affected

community would continue to receive

scheduled service from at least two other

regional/commuter carriers. Thus, in

situations where reasonable levels of capacity

would remain in the form of at least one jet

operator or at least two regional/commuter

carriers, no 45-day notice would have been

required.

The Regional Airline Association (RAA)

has responded to Order 94–10–5 on behalf of

its members. According to the RAA, the

legislative history of Public Law 103–305

clearly suggests that the notice requirement

is aimed at jet service, particularly at the 27

nonhubs for which the Department has not

established essential air service

determinations.2 The RAA contends that, if

the Department’s proposed waiver criteria

were finalized, the effect would be the

creation of notice obligations at many

nonhubs that are served exclusively by

regional/commuter carriers. The RAA

concludes that our proposed criteria would

thus shift the main burden of the requirement

from major carriers providing jet service at a

small number of nonhubs, as intended by

Congress, to many regional/commuter

carriers serving numerous small communities

throughout the country.

We agree with the RAA that our proposed

criteria were unnecessarily narrow. The

legislative history of Public Law 103–305

indicates that the focus of Congress’s concern

was the abrupt loss of jet service at nonhubs

for which we have not established essential

air service determinations. Moreover,

communities for which we have established

determinations already enjoy the protections

of the more stringent 90-day notice

requirement and hold-in provisions

contained in 49 U.S.C. 41734; application of

the new 45-day notice in such cases would

therefore be superfluous.

Under these circumstances, we conclude

that regional/commuter carriers should be

subject to the 45-day notice requirement of

Public Law 101–305 only at communities for

which the Department has not established an

essential air service determination. We will

therefore grant a waiver from the notice

requirement to regional/commuter carriers

serving nonhubs for which the Department

has established a determination. In the latter

cases, however, carriers should be mindful

that they remain subject to the more stringent

essential air service provisions contained in

49 U.S.C. 41734.

The appendix to this order contains the

nonhubs to which the 45-day notice

requirement continues to apply. We would

stress, however, that this list is likely to

change over time. Some communities may

grow from nonhubs to small hubs while

others shrink from small hubs to nonhubs, or

we could ultimatey establish determinations

for some communities that currently have

none.

Accordingly,

1. We grant a waiver from the 45-day

notice requirement contained in the Federal

Aviation Administration Authorization Act

of 1994, Public Law 103–305, to all regional/

commuter carriers insofar as it would apply

to service at nonhub communities for which

the Department has established essential air

service determinations;