This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

3777

Vol. 60, No. 12

Thursday, January 19, 1995

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 95–AWP–1]

Proposed amendment of Class D

airspace; Redding, CA

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This notice proposes to

amend the Class D airspace at Redding,

CA. This action is necessary due to the

recent closures of Enterprise Skypark,

CA and Redding Sky Ranch Airport, CA.

those portions within a 1-mile radius of

Redding Sky Ranch Airport and

Enterprise Skypark, which are presently

addressed in the current Redding Class

D airspace area description, will be

deleted from the amended Class D

airspace area at Redding, CA.

DATES: Comments must be received on

or before March 10, 1995.

ADDRESSES: Send comments on the

proposal in triplicate to: Federal

Aviation Administration, Attn:

Manager, System Management Branch,

AWP–530, Docket No. 95–AWP–1, Air

Traffic Division, P.O. Box 92007, World

Postal Center, Los Angeles, California

90009.

The official docket may be examined

in the Office of the Assistant Chief

Counsel, Western-Pacific Region,

Federal Aviation Administration, Room

6007, 15000 Aviation Boulevard,

Lawndale, California 90261.

An informal docket may also be

examined during normal business hours

in the Office of the Manager, System

Management Branch Air Traffic

Division, at the address show above.

FOR FURTHER INFORMATION CONTACT:

Scott Speer, Airspace Specialist, System

Management Branch, AWP–530, Air

Traffic Division, Western-Pacific

Region, Federal Aviation

Administration, 15000 Aviation

Boulevard, Lawndale, California 90261,

telephone (310) 297–0010.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested parties are invited to

participate in this proposed rulemaking

by submitting such written data, views,

or arguments as they may desire.

Comments that provide the factual basis

supporting the views and suggestions

presented are particularly helpful in

developing reasoned regulatory decision

on the proposal. Comments are

specifically invited on the overall

regulatory, aeronautical, economic,

environmental, and energy-related

aspects of the proposal.

Communications should identify the

airspace docket and be submitted in

triplicate to the address listed above.

Commenters wishing the FAA to

acknowledge receipt of their comments

on this notice must submit with the

comments a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Airspace Docket No. 95–AWP–1.’’ The

postcard will be date/time stamped and

returned to the commenter. All

communications received on or before

the specified closing date for comments

will be considered before taking action

on the proposed rule. The proposal

contained in this notice may be changed

in the light of comments received. All

comments submitted will be available

for examination in the System

Management Branch, Air Traffic

Division, at 1500 Aviation Boulevard,

Lawndale, California 90261, both before

and after the closing date for comments.

A report summarizing each substantive

public contact with FAA personnel

concerned with this rulemaking will be

filed in the docket.

Availability of NPRM’s

Any person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Federal

Aviation Administration, System

Management Branch, P.O. Box 92007,

Worldwide Postal Center, Los Angeles,

California 90009.

Communications must identify the

notice number of this NPRM. Persons

interested in being placed on a mailing

list for future NPRM’s should also

request a copy of Advisory Circular No.

11–2A which describes the application

procedures.

The Proposal

The FAA is considering an

amendment to part 71 of the Federal

Aviation Regulations (14 CFR part 71) to

modify the Class D airspace area at

Redding, CA. This proposed action is

necessary due to the recent closures of

Enterprise Skypark and Redding Sky

Ranch Airport. Those portions within a

1–mile radius of Redding Sky Ranch

Airport and Enterprise Skypark, which

are currently depicted in the Class D

airspace description, will be deleted

from the amended Class D airspace area

at Redding, CA. The coordinates for this

airspace docket are based on North

American Datum 83. Class D airspace

areas designations are published in

Paragraph 5000 of FAA Order 7400.9B

dated July 18, 1994, and effective

September 16, 1994, which is

incorporated by reference in 14 CFR

71.1 (58 FR 36298; July 6, 1993). The

Class D airspace designations listed in

this document would be published

subsequently in this Order.

The FAA has determined that this

proposed regulation only involves an

established body of technical

regulations for which frequent and

routine amendments are necessary to

keep them operationally current.

Therefore, this proposed regulation—(1)

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 10034; 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 will only affect air

traffic procedures and air navigation, it

is certified that this rule, when

promulgated, will not have a significant

economic impact on a substantial

number of small entities under the

criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

Aviation safety, Incorporation by

reference, Navigation (Air).

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me, the Federal

Aviation Administration proposes to

amend part 71 of the Federal Aviation

Regulations (14 CFR part 71) as follows:
3778 Federal Register / Vol. 60, No. 12 / Thursday, January 19, 1995 / Proposed Rules

1Our X.400 e-mail address is as follows: G=dot/

S=dockets/OU1=qmail/O=hq/p=gov+dot/a=attmail/

c=us.

PART 71—[AMENDED]

1. The authority citation for Part 71

continues to read as follows:

Authority: 49 U.S.C. app. 1348(a), 1354(a),

1510; E. O. 10854; 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR

11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.09B,

Airspace Designations and Reporting

Points, dated July 18, 1994, and

effective September 16, 1994, is

amended as follows:

Paragraph 5000 Class D Airspace

* * * * *

AWP CA D Redding, CA [Revised]

Redding Municipal Airport, CA

(Lat. 40°30′32′′ N, long. 122°17′30′′ W)

That airspace extending upward from the

surface to and including 3,000 feet MSL

within a 4.3-mile radius of the Redding

Municipal Airport. This Class D airspace area

is effective during the specific dates and

times established in advance by a Notice to

Airmen. The effective date and time will

thereafter be continuously published in the

Airport/Facility Directory.

* * * * *

Issued in Los Angeles, California, on

January 6, 1995.

Richard R. Lien,

Manager, Air Traffic Division Western-Pacific

Region.

[FR Doc. 95–1268 Filed 1–18–95; 8:45 am]

BILLING CODE 4910–13–M

Office of the Secretary

14 CFR Part 258

[Dockets No. 47546, 49511, 49512, and

49513; Notice 95–3]

RIN 2105–AC17

Disclosure of Change-of-Gauge

Services

AGENCY: Department of Transportation,

Office of the Secretary (OST).

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: In order to ensure that

prospective airline consumers are given

pertinent information on the nature of

change-of-gauge services, i.e., services

with one flight number that require a

change of aircraft, the Department of

Transportation is proposing to codify

and augment its current disclosure

requirements. The Department is

requesting comments on the following

three proposed requirements, which

would apply to U.S. air carriers, foreign

air carriers, and where appropriate,

ticket agents (including travel agents)

doing business in the United States: (1)

that transporting carriers include notice

of required aircraft changes in their

written and electronic schedule

information provided to the public, to

the Official Airline Guide and

comparable publications, and to

computer reservations systems, (2) that

consumers be given reasonable and

timely notice before they book

transportation that a particular service

with a single slight number entails a

change of aircraft en route, and (3) that

written notice of the aircraft change be

provided at the time of sale. This

proposal constitutes the department’s

response to the petition of American

Airlines in Docket 47546 to ban the

practice of ‘‘funnel flights,’’ a type of

change-of gauge service. The

Department is also dismissing the

complaints of TACA International

Airlines, Aviateca, and Nicaraguense de

Aviacion (‘‘NICA’’) in Dockets 49511,

49512, and 49513, respectively, against

Continental Airlines for operating

funnel flights.

DATES: The Department requests

comments by March 20, 1995 and reply

comments by April 19, 1995. The

Department will consider late-filed

comments only to the extent practicable.

ADDRESSES: Comments should be filed

with the Docket Clerk, U.S. Department

of Transportation, Room 4107, Docket

No. 47546, 400 Seventh Street SW,

Washington, DC 20590. To facilitate

consideration of the comments, we ask

commenters to file twelve copies of each

submission. We also encourage

commenters to submit electronic

versions of their comments to the

Department through the Internet; our email address is

dotldockets@postmaster.dot.gov.1

Please note, however, that at this time

the Department considers only the

paper copies filed with the Docket Clerk

to be official comments. Comments will

be available for inspection at the above

address from 9:00 a.m. to 5:00 p.m.,

Monday through Friday. For

acknowledgment of receipt of

comments, include a stamped, selfaddressed postcard, which the Docket

Clerk will date-stamp and mail.

FOR FURTHER INFORMATION CONTACT:

Betsy L. Wolf, Senior Trial Attorney,

Office of Aviation Enforcement and

Proceedings (202–366–9356), Office of

the General Counsel, U.S. Department of

Transportation, 400 7th St. SW.,

Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Introduction

A change-of-gauge service is a type of

scheduled passenger air transportation

for which the operating carrier uses one

single flight number even though

passengers do not travel in the same

aircraft from origin to destination but

must change planes at an intermediate

stop. One-flight-to-one flight change-ofgauge service differs from ordinary

connecting service in that the carrier

will usually hold the second aircraft for

the arrival of the first one. Computer

Reservations System (CRS) Regulations,

Final Rule, 57 FR 43780, 43804

(September 22, 1992).

‘‘Change-of-gauge service is a longestablished practice in transportation.

The term itself originate with the

railroads when passengers had to

change trains due to differences in the

size of tracks. Change-of-gauge services

have been used in aviation for decades.

In 1972, the Civil Aeronautics Board

rejected the contention that change-ofgauge services were an unfair or

deceptive practice or an unfair method

of competition, as long as notice was

given, and it changed its rules to

accommodate them. Internationally, in

1978, the United States won an

international arbitration brought when

France attempted to limit the right of a

U.S. carrier to operate change-of-gauge

service. The tribunal found that the

agreement between the United States

and France permitted change-of-gauge

service by giving each country wide

discretion over operational aspects of

flight. Change-of-gauge services are

constantly used in cargo transportation,

where they sometimes entail changes

from one mode of transportation to

another. The policy of the United States

has been to permit intermodal changes

of gauge as long as shippers are not

mislead as to actual service.

In addition to one-flight-to-one flight

change-of-gauge services, change-ofgauge services can also involve aircraft

changes between multiple flight on one

side of the change point and one single

flight on the other side. Change-of-gauge

services with multiple origins or

destinations are called ‘‘Y’’ (i.e., two-forone), ‘‘W’’ (i.e., three-for-one), or

‘‘starburst’’ (i.e., unrestricted) changes of

gauge, depending on the shape of the

route patterns. Popularly, they are also

called ‘‘funnel flights.’’ The United

States has taken the lead in persuading

our bilateral aviation partners to move

beyond one-for-one change-of-gauge

services to allow carriers the flexibility

to operate multiple changes of gauge. As

with one-for-one change-of-gauge

services, the carrier assigns a single