19166 Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Rules and Regulations

transportation granted by the

Department of Transportation (‘‘DOT’’)

or the former Civil Aeronautics Board

(‘‘CAB’’) in the form of a certificate of

public convenience and necessity under

section 41102 of the Title 49 of the

United States Code (Transportation)

(‘‘the Statute’’) or an all-cargo air

transportation certificate to perform allcargo air transportation under section

41103 of the Statute.

Eligible place means a place in the

United States that—

(1) Was an eligible point under

section 419 of the Federal Aviation Act

of 1958 as in effect before October 1,

1988;

(2) Received scheduled air

transportation at any time between

January 1, 1990, and November 4, 1990;

and

(3) Is not listed in Department of

Transportation Orders 89–9–37 and 89–

12–52 as a place ineligible for

compensation under Subchapter II of

Chapter 417 of the Statute. (For

availability of Department of

Transportation Orders, see 49 CFR part

7, subpart E and appendix A.)

Essential air service is that air

transportation which the Department

has found to be essential under

Subchapter II of Chapter 417 of the

Statute.

FAA means the Federal Aviation

Administration, U.S. Department of

Transportation.

* * * * *

Statute means Subtitle VII of Title 49

of the United States Code

(Transportation).

* * * * *

§ 323.3 [Amended]

8. In § 323.3(a)(5), remove the words

‘‘section 419(a)(2) or section 419(b)(4) of

the Act’’ and add, in their place, the

words ‘‘section 41731 or section 41733

of the Statute’’.

§§ 323.3, 323.4 [Amended]

9. In §§ 323.3(a)(2), (a)(3), (a)(4)

introductory text, (a)(4)(iii), (a)(5), (c)(1),

(c)(2), (c)(3) introductory text, (c)(3)(iii),

and 323.4(a)(5) introductory text,

remove the words ‘‘CAB or’’.

§§ 323.3, 323.7 [Amended]

10. In §§ 323.3(a)(1), (a)(3), (a)(5), (d),

and 323.7(a)(1), remove the word

‘‘points’’ and add, in its place, the word

‘‘places’’.

§§ 323.3, 323.4, 323.5, 323.7, 323.9, 323.13,

323.14 [Amended]

11. In §§ 323.3(a)(1), (a)(2), (a)(3),

(a)(4) introductory text, (a)(5), (c)(1),

(c)(2), (c)(3) introductory text, (d),

323.4(a)(5)(i), (a)(5)(ii), (a)(6), 323.5(a)(1)

and (a)(2), 323.7(a)(1), 323.9(a), (b)(3),

(b)(4), 323.13(b)(1), 323.14(a) and (c),

remove the word ‘‘point’’ wherever it

occurs and add, in its place, the word

‘‘place’’.

§ 323.6 [Amended]

11a. In § 323.6(b), remove the word

‘‘point(s)’’ and add, in its place, the

word ‘‘place(s)’’.

§ 323.9 [Amended]

11b. In § 323.9(c), remove the word

‘‘point’s’’ and add, in its place, the word

‘‘place’s’’.

§ 323.7 [Amended]

12. In § 323.7(a)(1), remove the words

‘‘section 401’’ wherever they occur, and

add, in their place, the words ‘‘section

41102’’.

13. Section 323.8 is revised to read as

follows:

§ 323.8 Exemptions.

Carriers are exempted from

paragraphs (a)(1), (a)(3), and (a)(5) of

§ 323.3 to the extent that those

provisions require them to file a notice

when terminating or suspending the

domestic leg of an international flight

(fill-up service).

§§ 323.14, 323.15 [Amended]

14. In §§ 323.14(d) and 323.15(b),

remove the words ‘‘Office of Essential

Air Service’’ and add, in their place, the

words ‘‘Office of Aviation Analysis’’.

Issued in Washington, DC, on this 15th day

of April, 1996.

Charles A. Hunnicutt,

Assistant Secretary for Aviation and

International Affairs.

[FR Doc. 96–10741 Filed 4–30–96; 8:45 am]

BILLING CODE 4910–62–P

14 CFR Part 385

[Docket No. OST–96–1268]

RIN 2105–AC38

Staff Assignments and Review of

Action Under Assignments

AGENCY: Office of the Secretary,

Department of Transportation.

ACTION: Final rule.

SUMMARY: The Department is amending

its regulations on staff assignments and

review of action under assignments to

remove or update obsolete provisions

and organizational references, and

reorder the sequence of assignments in

a more logical manner and to more

closely reflect the Department’s staff

organization.

EFFECTIVE DATE: The rule shall become

effective on May 31, 1996.

FOR FURTHER INFORMATION CONTACT:

Carol A. Woods, Air Carrier Fitness

Division, X–56, Department of

Transportation, 400 Seventh Street,

S.W., Washington, DC 20590, (202) 366–

9721.

SUPPLEMENTARY INFORMATION: In his

Regulatory Reinvention Initiative

Memorandum of March 4, 1995,

President Clinton directed Federal

agencies to conduct a page-by-page

review of all of their regulations and

to ‘‘eliminate or revise those that are

outdated or otherwise in need of

reform.’’ In response to that directive,

the Department has undertaken a review

of its aviation economic regulations as

contained in 14 CFR Chapter II. This

rule is one result of those efforts.

Subsequent rulemakings will address

other regulations.

In this rulemaking part 385 is being

amended to remove or update obsolete

provisions and organizational

references, to replace references to the

Federal Aviation Act with references to

Subtitle VII of Title 49 of the United

States Code (Transportation), and to

reorder and renumber the assignments

in a more logical manner and to more

closely reflect the Department’s staff

organization.

Current § 385.13—Authority of the

Director, Office of International

Aviation, and § 385.14—Authority of

the Director, Office of Aviation Analysis

(new § 385.12), are being revised to

eliminate authorities no longer used, to

extend the authority for routine

procedural decisions to additional cases

(e.g., to add authority to dismiss

certificate applications for lack of

prosecution, to request applicants to

provide additional information, to

authorize the refund of filing fees due to

the withdrawal or dismissal of an

application at an early stage without the

issuance of the requested authority), and

to reorganize and renumber the

authorities in a more logical sequence.

Current § 385.27—Authority of the

Director, Office of Aviation Information

Management, Research and Special

Programs Administration (new

§ 385.19), and § 385.28—Authority of

the Director, Office of Administrative

Operations (new § 385.21), are being

amended to reflect changes in functions

and names of organizations. In addition,

newly designated § 385.21(b) is being

removed since the delegation of

authority for this function is now

contained in 49 CFR 89.5—Collection of

Claims Owed the United States.

Current § 385.30, which contains the

authority assigned to the Director, Office

of Community and Consumer Affairs, is

being removed as unnecessary. As part
Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Rules and Regulations 19167

of a staff reorganization, the functions of

that office became part of the Office of

the General Counsel.

Executive Order 12866 (Regulatory

Planning and Review)

The Department has analyzed the

economic and other effects of the

amendments and has determined that

they are not ‘‘significant’’ within the

meaning of Executive Order 12866. The

amendment will not have an annual

effect on the economy of $100 million

or more or adversely affect in a material

way the economy, a sector of the

economy, productivity, competition,

jobs, the environment, public health or

safety, or State, local, or tribal

governments or communities. It will not

create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency, and it

will not materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof. Nor

does it raise any novel legal or policy

issues arising out of legal mandates, the

President’s priorities, or the principles

set forth in Executive Order 12866. The

rule is considered ‘‘nonsignificant’’

under Executive Order 12866 and was

not reviewed by the Office of

Management and Budget.

DOT Regulatory Policies and

Procedures

The amendments are not significant

under the Department’s Regulatory

Policies and Procedures, dated February

26, 1979, because they do not involve

important Departmental policies; rather,

they are being made solely for the

purposes of eliminating obsolete

requirements, correcting out-of-date

references, and enhancing the

organization of the regulations used by

the Department to administer its

aviation economic regulatory functions.

The Department has also determined

that issuance of this rule will have no

economic impact.

Regulatory Flexibility Act

In accordance with the Regulatory

Flexibility Act, the Department has

evaluated the effects of this action on

small entities. For purposes of its

aviation economic regulations,

Departmental policy categorizes air

carriers operating small aircraft (60 seats

or less or 18,000 pounds maximum

payload or less) as small entities for

purposes of the Regulatory Flexibility

Act. Based upon this evaluation, the

Department certifies that the

amendment would not have a

significant economic impact on a

substantial number of small entities.

Executive Order 12612 (Federalism)

These amendments have been

analyzed in accordance with the

principles and criteria contained in

Executive Order 12612. The Department

has determined that the amendments do

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment. The

amendments will not have a substantial

direct effect on the States, on the

relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government.

National Environmental Policy Act

The Department has also analyzed the

amendments for the purpose of the

National Environmental Policy Act. The

amendments will not have any

significant impact on the quality of the

human environment.

Paperwork Reduction Act

There are no reporting or

recordkeeping requirements associated

with the amendments.

Notice and Opportunity for Public

Comment Unnecessary

Under the Administrative Procedure

Act (5 U.S.C. 553), the Department

determines that notice and an

opportunity for public comment are

unnecessary and contrary to the public

interest. The amendments made in this

document are ministerial, removing

obsolete and redundant material or

making minor technical and

terminology changes. These changes

will have no substantive impact, and the

Department would not anticipate

receiving meaningful comments on

them. Comment is therefore

unnecessary, and it would be contrary

to the public interest to delay

unnecessarily this effort to eliminate or

revise outdated rules.

Lists of Subjects in 14 CFR Part 385

Authority delegations (government

agencies), Organization and functions

(government agencies).

Final Rule

For the reasons set out in the

preamble, Title 14, Chapter II of the

Code of Federal Regulations is amended

as follows:

PART 385—[AMENDED]

1. The authority citation for part 385

is revised to read as follows:

Authority: 49 U.S.C. Subtitle I, Chapters

401, 411, 413, 415, 417.

2. In § 385.1, remove the first two

definitions, Act and Board.

3. In § 385.1, definition of Reviewing

Official, remove the words ‘‘the

Assistant Secretary for Governmental

Affairs, the Assistant Secretary for

Administration,’’.

4. In § 385.1, definition of Staff

action, remove the words ‘‘Title IV or X

of the Act’’ and add, in their place, the

words ‘‘Subparts I, II and IV of Subtitle

VII of Title 49 of the United States Code

(Transportation)’’.

5. In § 385.1, add a new definition in

alphabetical order to read as follows:

§ 385.1 Definitions.

* * * * *

Statute means Subtitle VII of Title 49

of the United States Code

(Transportation).

§ 385.2 [Amended]

6. In § 385.2, remove the words

‘‘section 204 of the Federal Aviation

Act’’ and add, in their place, the words

‘‘section 40113 of the Statute’’; remove

the words ‘‘Titles IV and X of the Act’’

and add, in their place, the words

‘‘Subparts I, II, and IV of the Statute’’.

§§ 385.3, 385.4, 385.13, 385.19, 385.28,

385.54 [Amended]

7. The authority citations at the end

of §§ 385.3, 385.4, 385.13, 385.19,

385.28, and 385.54 are removed.

§ 385.14 [Redesignated as § 385.12]

8. Section 385.14 is redesignated as

§ 385.12 and is revised to read as

follows:

§ 385.12 Authority of the Director, Office of

Aviation Analysis.

The Director, Office of Aviation

Analysis, has authority:

(a) With respect to applications filed

under section 41102 to engage in

interstate or foreign scheduled or

charter air transportation, section 41103

to engage in all-cargo air transportation,

or section 41738 to engage in certain

commuter air transportation:

(1) To issue an order stating the

Department’s intention to process the

application through show-cause

procedures or other expedited

procedures, where that course of action

is clear under current policy and

precedent.

(2) To issue an order to show cause

proposing to grant such application in

those cases where no objections to the

application have been filed, and where

the Department has already found the

applicant to be fit, willing and able to

provide service of the same basic scope

and character.

(3) To issue an order, subject to any

Presidential review required under
19168 Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Rules and Regulations

section 41307 of the Statute, making

final an order to show cause issued

under paragraph (a)(2) of this section,

where no objections to the order to

show cause have been filed.

(4) To issue an order dismissing an

application:

(i) When dismissal is requested or

consented to by the applicant;

(ii) For lack of prosecution; or

(iii) When the application has become

moot.

(5) To review Air Carrier Certificates

and Operations Specifications issued by

the Federal Aviation Administration to

carriers that have been granted

certificate or commuter air carrier

authority, and information concerning

those carriers’ fitness to operate under

that authority that emerged following

the issuance of orders establishing their

fitness, and—

(i) To amend orders issuing the

certificate or commuter air carrier

authority to advance the effective dates

of the authority if the review is

satisfactory;

(ii) To stay the effectiveness of such

orders for up to 30 days if the review is

unsatisfactory;

(iii) To lift the stay of effectiveness

imposed under paragraph (a)(5)(ii) of

this section when the unsatisfactory

conditions that required issuance of the

stay have been resolved; or

(iv) To issue notices announcing the

effective date of the certificate or

commuter air carrier authority.

(b) To approve or deny applications of

air carriers:

(1) For exemptions from section

41102 or 41103 of the Statute, and from

orders issued thereunder, and from

applicable regulations under this

chapter where the course of action is

clear under current policy or precedent.

(2) For waivers of the Department’s

filing fee requirements under part 389 of

this chapter, in accordance with current

policy or precedent.

(3) For relief under section 40109 of

the Statute to hold out, arrange, and

coordinate the operation of air

ambulance flights as indirect air carriers

in accordance with established

precedent.

(c) To waive the deadlines in

§ 377.10(c) of this chapter for filing

applications for the renewal of

temporary authorizations when, in the

Director’s judgment, the public interest

would be served. The provisions of

§ 377.10(d) of this chapter shall apply in

the same manner as to a timely filed

application.

(d) With respect to air carrier names:

(1) To register names and trade names

of certificated and commuter air carriers

pursuant to part 215 of this chapter.

(2) To reissue certificates issued

under sections 41102 or 41103 of the

Statute when revisions thereof are

necessitated by a change in the name of

a carrier, provided that no issue of

substance concerning the operating

authority of the carrier is involved.

(e) To approve, deny, or cancel

registrations filed with the Department

by air taxi operators and commuter air

carriers pursuant to part 298 of this

chapter.

(f) With respect to Canadian charter

air taxi operations:

(1) To approve applications for

registration, or require that a registrant

submit additional information, or reject

an application for registration for failure

to comply with part 294 of this chapter.

(2) To cancel, revoke, or suspend the

registration of any Canadian charter air

taxi operator using small aircraft

registered under part 294 of this chapter

that:

(i) Filed with the Department a

written notice that it is discontinuing

operations;

(ii) No longer is designated by its

home government to operate the

services contemplated by its

registration;

(iii) Holds a foreign air carrier permit

under section 41302 to operate large

aircraft charters between the United

States and Canada;

(iv) Fails to keep its filed certificate of

insurance current;

(v) No longer is substantially owned

or effectively controlled by persons who

are:

(A) Citizens of Canada;

(B) The Government of Canada; or

(C) A combination of both; or

(vi) No longer holds current effective

Operations Specifications issued by the

FAA.

(3) To grant or deny requests for a

waiver of part 294 of this chapter, where

grant or denial of the request is in

accordance with current policy or

precedent.

(g) To approve certificates of

insurance filed with the Department on

behalf of U.S. and foreign air carriers in

accordance with the provisions of part

205 of this chapter.

(h) With respect to foreign air freight

forwarders:

(1) To approve applications for

registration, or require that a registrant

submit additional information, or reject

an application for registration for failure

to comply with part 297 of this chapter.

(2) To cancel the registration of any

foreign air freight forwarder or foreign

cooperative shippers association that

files a written notice with the

Department indicating the

discontinuance of common carrier

activities.

(3) To exempt the registrant from the

requirement contained in § 297.20 of

this chapter that substantial ownership

and effective control reside in citizens

of the country that the applicant claims

as its country of citizenship, where the

course of action is clear under current

precedent or policies.

(i) With respect to charter operations:

(1) To grant or deny requests for

waiver of parts 207, 208, 212, 372, and

380 of this chapter, where grant or

denial of the request is in accordance

with established precedent.

(2) To approve or disapprove direct

air carrier escrow agreements filed

pursuant to parts 207, 208, and 212 of

this chapter.

(3) To reject or accept Public Charter

prospectuses filed under part 380 of this

chapter.

(4) With respect to the procedures for

the registration of foreign charter

operators under subpart F of part 380 of

this chapter:

(i) To approve applications for

registration, or require that a registrant

submit additional information, or reject

an application for registration for failure

to comply with part 380 of this chapter.

(ii) To notify the applicant that its

application will require further analysis

or procedures, or is being referred to the

Assistant Secretary for Aviation and

International Affairs for formal action.

(iii) To cancel the registration of a

foreign charter operator if it files a

written notice with the Department that

it is discontinuing its charter operations.

(iv) To waive provisions of subpart F

of part 380 of this chapter.

(j) With respect to mail rates:

(1) To issue show-cause orders

proposing to make modifications of a

technical nature in the mail rate formula

applicable to temporary or final service

mail rate orders.

(2) To issue final orders establishing

temporary and final service mail rates:

(i) In those cases where no objection

has been filed following release of the

show-cause order, and where the rates

established are the same as those

proposed in the show-cause order; and

(ii) In those cases where it is

necessary to make modifications of a

technical nature in the rates proposed in

the show-cause order.

(3) To issue final orders amending

mail rate orders of air carriers to reflect

changes in the names of the carriers

subject to the orders.

(4) To issue a letter, in the case of air

mail contracts filed with the Department

under part 302 of this chapter against

which no complaints have been filed,

stating that the contract will not be

disapproved by the Department and

may become effective immediately.
Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Rules and Regulations 19169

(k) With respect to essential air

service proceedings:

(1) To establish procedural dates.

(2) To issue orders setting interim

rates of compensation for carriers

required to provide essential air service.

(3) To issue orders approving a

carrier’s alternate service pattern if:

(i) The resulting level of service at the

eligible place would be equal to or

greater than the level of service earlier

determined to be essential for that place;

(ii) The community concerned does

not object to the carrier’s

implementation of the alternate service

pattern; and

(iii) The carrier is not receiving a

subsidy for the service or

implementation of the alternate service

pattern would not increase the carrier’s

subsidy.

(4) To issue orders adjusting the

operational and/or financial unit rates of

the payout formula for a carrier

receiving subsidy under section 41732

of the Statute where the adjustment will

not increase the total amount of

compensation that the carrier will

receive.

(5) To renew, up to five times in

succession, an order under section

41734 of the Statute to an air carrier to

continue providing essential air service

while the Department attempts to find a

replacement carrier.

(6) To request service and subsidy

proposals from carriers interested in

providing essential air service to an

eligible place that is not receiving

essential air service and for which no

appeal of its essential air service

determination is pending.

(7) To request service and subsidy

proposals from carriers interested in

providing essential air service when no

proposals were filed in response to a

previous request for proposals.

(8) To issue final orders establishing

interim or final subsidy rates under

section 41732 or final adjustments of

compensation for continued service

under section 41732 in those cases

where no objection has been filed to a

show-cause order, and where the rates

established are the same as or less than

those proposed in the approved showcause order.

(9) With respect to provisions for

terminations, suspensions, or reductions

of service under part 323 of this chapter:

(i) To require any person who files a

notice, objection, or answer to supply

additional information.

(ii) To require service of a notice,

objection, or answer upon any person.

(iii) To accept late-filed objections or

answers, upon motion, for good cause

shown.

(iv) To extend the time for filing

objections for answers, when the initial

notice has been filed earlier than

required under § 323.5.

9. Section 385.13 is revised to read as

follows:

§ 385.13 Authority of the Director, Office of

International Aviation.

The Director, Office of International

Aviation, has authority to:

(a) Approve or deny applications for

exemptions, where the course of action

is clear under current policy or

precedent:

(1) For air carriers, from chapter 411

of the Statute and from certificates and

orders issued under that chapter;

(2) For foreign air carriers, from

section 41301 and from permits and

related orders issued under chapter 413;

(3) For air carriers and foreign air

carriers, from chapter 415 and from

orders issued and tariffs filed under that

chapter; and

(4) From orders and applicable

regulations under this chapter.

(b) With respect to applications for

certificates of public convenience and

necessity under section 41102 and

foreign air carrier permits under section

41302:

(1) Issue an order to show cause

proposing to grant such application in

those cases where no objections to the

application have been filed, and the

applicant has already been found fit,

willing, and able by the Department to

provide service of the same basic scope

and character;

(2) Issue an order stating the

Department’s intention to process the

application through show-cause

procedures;

(3) Issue an order, subject to

Presidential review under section

41307, to make final an order to show

cause issued under the circumstances of

paragraph (b)(1) of this section, where

no objections to the show-cause order

have been filed; and

(4) Reissue certificates of public

convenience and necessity and foreign

air carrier permits when revisions are

necessitated by a change in the name of

the carrier or of points specified,

provided that no issue of substance

concerning the operating authority of a

carrier is involved.

(c) With respect to an application

under section 41102 for a certificate to

engage in foreign scheduled air

transportation, issue an order instituting

an investigation of the applicant’s

fitness and other issues related to the

application, where no person has

already filed an objection to the

application and the investigation will be

conducted by oral hearing procedures.

(d) Issue an order to show cause why

a foreign air carrier permit should not be

revoked under section 41304 when:

(1) The government of the permit

holder’s home country represents that it

does not object to revocation of the

permit; and

(2) The permit holder—

(i) Has ceased operations; or

(ii) No longer holds valid authority

from its own government to operate the

services in its permit.

(e) Approve or disapprove requests by

foreign air carriers for authorizations

provided for, or waivers of restrictions

contained, in any agreement or in any

permit or order of the Department, when

no person disclosing a substantial

interest objects or where the course of

action is clear under current policy or

precedent.

(f) Waive the deadlines in § 377.10(c)

of this chapter for filing applications for

renewal of unexpired temporary

authorizations when, in the Director’s

judgment, the public interest would be

served. The provisions of § 377.10(d) of

this chapter shall apply in the same

manner as to a timely filed application.

(g) Extend the time allowed for action

on a complaint of unfair or

discriminatory practices, filed under

section 41310, for an additional period

or periods of 30 days each, not to exceed

the 180th day after filing unless that

deadline has been waived by the

complainant.

(h) Grant or deny applications for

statements of authorization under parts

207, 208, and 212 of this chapter, and

requests for waivers of the requirements

of parts 207, 208, and 212 of this

chapter, where grant or denial of the

request is in accordance with current

policy or precedent.

(i) Approve or disapprove charter

trips by foreign air carriers, and those by

air carriers that are predominantly in

foreign air transportation, when prior

authorization is required by:

(1) Any provision of this chapter; or

(2) An order of the Department.

(j) Approve or disapprove requests by

foreign air carriers for waivers of the 30-

day advance filing requirement for

proposed schedules whose filing the

Department has ordered under part 213

of this chapter.

(k) Approve, when no person

disclosing a substantial interest objects,

or disapprove requests by foreign air

carriers for special authorizations

provided for in part 216 of this chapter.

(l) With respect to applications for

statements of authorization to conduct

intermodal cargo services under part

222 of this chapter:

(1) Approve applications under part

222 of this chapter where no person

with a substantial interest raises

objections citing specific facts of
19170 Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Rules and Regulations

nonreciprocity or of restraints on

competition by U.S. air carriers;

(2) Reject applications under part 222

of this chapter where there is no

agreement by the United States

permitting the proposed services; or

(3) Require that an applicant under

part 222 of this chapter submit

additional information.

(m) Approve or disapprove issuance

of foreign aircraft permits provided for

in part 375, subparts E and H, of this

chapter.

(n) Grant or deny applications of

foreign air carriers for renewal of

emergency exemptions granted under 49

U.S.C. 40109(g).

(o) Grant or deny applications by air

carriers and foreign air carriers under

part 389 of this chapter for waivers of

the Department’s filing fee

requirements, in accordance with

current policy or precedent.

(p) Determine matters in proceedings

under section 40109 and chapters 411,

413 and 415, that have not been set for

oral evidentiary hearing, in addition to

those authorized under § 385.3, such

matters to include, inter alia, filing

times, service of documents,

submissions of additional information,

filing of otherwise unauthorized

documents, access to information for

which confidential treatment has been

requested, rejection of incomplete or

otherwise defective applications, and

solicitation of applications for authority.

(q) Approve or disapprove

applications under part 223 of this

chapter for permission to furnish free or

reduced-rate foreign air transportation.

(r) With respect to International Air

Transport Association (IATA)

agreements filed with the Department

pursuant to sections 41309 and 41308 of

the Statute, or pursuant to Civil

Aeronautics Board Order E–9305 of June

15, 1955:

(1) Issue orders approving or

disapproving IATA agreements relating

to fare and rate matters under section

41309, and granting or denying antitrust

immunity under section 41308, where

the course of action is clear under

current policy and precedent.

(2) Issue orders describing filed

agreements, establishing procedural

dates for submission of justification,

comments and replies, which support or

oppose agreements, and prescribing the

particular types of data to be included

in such submission.

(s) Reject any tariff, supplement, or

revised page that is filed by any U.S. air

carrier or foreign air carrier, and that is

subject to rejection because it is not

consistent with chapter 415 of the

Statute or with part 221 or 222 of this

chapter. Where a tariff, supplement or

loose-leaf page is filed on more than 60

days’ notice and is not rejected within

the first 30 days (including the filing

date), it shall not be rejected after such

30-day period under this authority

unless the issuing carrier is given an

opportunity to remove the cause for

rejection by the effective date, by special

tariff permission if necessary, and fails

to take such corrective action.

(t) Approve or disapprove any

application for special tariff permission

under part 221, subpart P, of this

chapter to make tariff changes upon less

than statutory notice.

(u) Approve or disapprove

applications for waiver of part 221 of

this chapter.

(v) Institute an investigation of, or

institute an investigation and suspend

the effectiveness of, a tariff or change in

a tariff which:

(1) Is substantially similar to a prior

tariff under investigation or suspension;

and

(2) Is filed by or on behalf of one or

more of the parties to the prior tariff;

and

(3) Is filed within 90 days after the

expiration, modification, or cancellation

of the prior tariff, or within 90 days after

the effective date of an order requiring

its cancellation or modification.

(w) In instances when an

investigation of a tariff is pending, or

the tariff is under suspension, or when

a complaint requesting investigation or

suspension of a tariff has been filed:

(1) Permit cancellation of the tariff; or

(2) If the grounds for the investigation

or complaint have been removed

through cancellation, expiration or

modification of the tariff, either dismiss

the investigation or complaint, or

terminate the suspension.

(x) Extend the period of suspension of

a tariff when the proceedings

concerning the lawfulness of such tariff

cannot be concluded before the

expiration of the existing suspension

period, provided that the aggregate of

such extensions may not be for a longer

period than permitted under section

41509.

(y) Cancel the suspension of and/or

dismiss an investigation of a tariff

relating to service predominantly in

foreign air transportation where the

course of action is clear under current

policy and precedent.

10. In part 385 the following sections

are redesignated as set forth in the

following table:

Old section New section

385.17 ........................................... 385.20

385.19 ........................................... 385.14

Old section New section

385.20 ........................................... 385.17

385.21 ........................................... 385.18

385.22 ........................................... 385.15

385.23 ........................................... 385.16

385.27 ........................................... 385.19

11. In newly designated § 385.19, the

section heading and the introductory

text are revised to read as follows:

§ 385.19 Authority of the Director, Office of

Aviation Information, Bureau of

Transportation Statistics.

The Director, Office of Aviation

Information, Bureau of Transportation

Statistics (BTS) has authority to:

* * * * *

§ 385.19 [Amended]

12. In newly designated § 385.19,

remove the words ‘‘Titles IV and X of

the Act’’ in paragraph (a) and ‘‘Title IV

and X of the Act’’ in paragraph (b), and

add, in their place, the words ‘‘Subparts

I, II, and IV of the Statute’’.

§§ 385.24, 385.25, 385.26, 385.29

[Removed]

13. Sections 385.24, 385.25, 385.26,

and 385.29, currently reserved, are

removed.

§ 385.30 [Removed]

14. Section 385.30 is removed.

§ 385.28 [Redesignated as § 385.21]

15. Section 385.28 is redesignated as

§ 385.21.

16. In newly designated § 385.21, the

section heading, the introductory text,

and paragraph (a) are revised to read as

follows:

§ 385.21 Authority of the Chief,

Accounting Division, Office of Budget and

Policy, Federal Transit Administration.

The Chief, Accounting Division,

Office of Budget and Policy, Federal

Transit Administration, has authority to:

(a) Approve and order the payment of

refunds of filing fees paid under

§ 389.27(b) of this chapter when such

refunds have been authorized by either

the Director, Office of Aviation

Analysis, or the Director, Office of

International Aviation.

* * * * *

§ 385.21 [Amended]

17. In newly designated § 385.21,

paragraph (b) is removed and

paragraphs (c), (d), and (e) are

redesignated as paragraphs (b), (c), and

(d), respectively.

18. In newly designated § 385.21(d)

before the period, add the words ‘‘for

small community service under 49

U.S.C. 41737’’.
Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Rules and Regulations 19171

19. In subpart C, the following

sections are redesignated as set forth in

the following table:

Old section subpart C

New section subpart C

385.50 ........................................... 385.30

385.51 ........................................... 385.31

385.52 ........................................... 385.32

385.53 ........................................... 385.33

385.54 ........................................... 385.34

§ 385.31 [Amended]

20. In newly designated § 385.31(c),

remove the reference ‘‘§ 385.22(a)’’ and

add, in its place, the reference

‘‘§ 385.15(a)’’.

Issued in Washington DC, on this 15th day

of April, 1996.

Charles A. Hunnicutt,

Assistant Secretary for Aviation and

International Affairs.

[FR Doc. 96–10742 Filed 4–30–96; 8:45 am]

BILLING CODE 4910–62–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Part 902

50 CFR Parts 253 and 255

[Docket No. 960319086–6086–01; I.D.

021696A]

RIN 0648–AF48

Fisheries Obligation Guarantee

Program and Interjurisdictional

Fisheries Act Program; Consolidation

and Simplification of Regulations

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS amends the Fisheries

Obligation Guarantee (FOG) Program

and Interjurisdictional Fisheries Act

(IFA) Program regulations to

consolidate, clarify and simplify them

in accordance with the National

Performance Review (NPR). This final

rule also amends reference to Paperwork

Reduction Act (PRA) informationcollection requirements to reflect the

consolidation.

EFFECTIVE DATE: May 1, 1996.

ADDRESSES: Michael L. Grable, Chief,

Financial Services Division, National

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD

20910.

FOR FURTHER INFORMATION CONTACT:

Michael L. Grable, (301) 713–2390.

SUPPLEMENTARY INFORMATION: The FOG

Program provides long-term debt to the

fisheries and aquacultural industries.

The IFA Program promotes and

encourages state activities in support of

the management of interjurisdictional

fisheries resources identified in

interstate or Federal fishery

management plans. The two regulations

governing these programs are

consolidated and revised to comply

with the NPR’s clarity and simplicity

objectives. The revision reduces the

regulations to about 45 percent of their

former size. It replaces outdated,

confusing, burdensome, duplicative, or

superfluous provisions with clear

policies that efficiently effect statutory

intent. It adds the minimum provisions

needed to make the regulations current.

The revision is extensive, so the revised

regulations are republished in their

entirety.

Section 3506(c)(B)(i) of the PRA

requires that agencies inventory and

display a current control assigned by the

Director, Office of Management and

Budget (OMB), for each agency

information collection. Section 902.1(b)

identifies the location of NOAA

regulations for which OMB approval

numbers have been issued. This final

rule eliminates recordkeeping and

recording requirements previously

contained in § 255.4.

Classification

This rule refers to collection of

information requirements that have

been approved by OMB under the

Paperwork Reduction Act (PRA).

Applications for the Fisheries

Obligation Guarantee Program have

been approved under OMB Control No.

0648–0012, with an estimated response

time of 8 hours per application.

Applications for financial assistance

under the Interjurisdictional Fisheries

Act Program use standard Federal

application procedures approved under

OMB Control Numbers 0348–0043,

0348–0044, and 0348–0046.

The estimated response time above

includes the time for reviewing

instructions, searching existing data

sources, gathering and maintaining the

data needed, and completing and

reviewing the collection of information.

Send comments regarding this burden

estimate or any other aspect of the

collection of information to NMFS at the

ADDRESSES above, and to OMB at the

Office of Information and Regulatory

Affairs, Office of Management and

Budget, Washington, D.C. 20503

(Attention: NOAA Desk Officer).

Notwithstanding any other provision

of law, no person is required to respond

to, nor shall any person be subject to a

penalty for failure to comply with a

collection of information, subject to the

requirements of the PRA, unless that

collection of information displays a

currently valid OMB Control Number.

This rule consolidates and simplifies

existing regulations and is

administrative in nature. No useful

purpose would be served by prior notice

and opportunity for comment.

Accordingly, under 5 U.S.C. 553(b)(B),

the Assistant Administrator for

Fisheries, NOAA, for good cause finds

that prior notice and opportunity for

comment is unnecessary. Also, because

this rule is administrative in nature and

not a substantive rule under 5 U.S.C.

533(d), it will be immediately effective

upon publication.

This final rule has been determined to

be not significant for the purposes of

E.O. 12866.

Under NOAA Administrative Order

205–11, 7.01, dated December 17, 1990,

the Under Secretary for Oceans and

Atmosphere has delegated authority to

sign material for publication in the

Federal Register to the Assistant

Administrator For Fisheries, NOAA.

List of Subjects

50 CFR Part 253

Disaster assistance, Fisheries, Grant

programs-business, Intergovernmental

relations, Reporting and recordkeeping

requirements, Research.

50 CFR Part 255

Fisheries, Fishing vessels, Loan

programs-business, Reporting and

recordkeeping requirements.

Catalog of Federal Domestic Assistance

numbers CFDA No. 11.415 and CFDA No.

11.407, respectively.

Dated: April 23, 1996.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

For the reasons set out in the

preamble, 15 CFR chapter IX and 50

CFR chapter II are amended as follows:

15 CFR CHAPTER IX

PART 902—NOAA INFORMATION

COLLECTION REQUIREMENTS UNDER

THE PAPERWORK REDUCTION ACT:

OMB CONTROL NUMBERS

1. The authority citation for part 902

continues to read as follows:

Authority: 44 U.S.C. 3501 et seq.

2. In § 902.1, paragraph (b) the table,

is amended by adding in the left column

under 50 CFR, in numerical order, the