[Federal Register Volume 61, Number 114 (Wednesday, June 12, 1996)]
[Rules and Regulations]
[Page 29646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14616]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 399

RIN 2105-AC54


Interlocking Relationships Between an Air Carrier and a Person 
Controlling Another Air Carrier

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule; removal.

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SUMMARY: This action removes a outdated policy statement of the Civil 
Aeronautics Board concerning interlocking agreements between an air 
carrier and a person controlling an air carrier. The action is in 
response to the President's Regulatory Reinvention Initiative and is 
designed to eliminate an obsolete provision.

EFFECTIVE DATE: July 12, 1996.

FOR FURTHER INFORMATION CONTACT: Alexander J. Millard, Office of the 
General Counsel, Room 4102, U.S. Department of Transportation, 400 
Seventh Street, S.W., Washington, D.C. 20590, or by telephone at (202) 
366-9285.

SUPPLEMENTARY INFORMATION: This regulation was promulgated by the now-
defunct Civil Aeronautics Board in 1967 (32 FR 3818, March 8, 1967). 
The Civil Aeronautics Board issued this regulation to make it clear 
that section 409 was to be interpreted as prohibiting interlocking 
relationships between an air carrier and a person controlling an air 
carrier. Section 409, however, along with the authority of the 
Secretary of Transportation under this section, ceased to be effective 
on January 1, 1989. See Civil Aeronautics Board Sunset Act of 1984, 
Public Law 98-443, 98 Stat. 1703, section 3(c)(7). Consequently, the 
instant regulation is obsolete and should be removed.
    This final rule is considered to be a nonsignificant rulemaking 
under DOT's regulatory policies and procedures, 44 FR 11034. The final 
rule was not subject to review by the Office of Information and 
Regulatory Affairs pursuant to Executive Order 12866. The rule will 
have no economic impact, and accordingly no regulatory evaluation has 
been prepared. The final rule has been analyzed in accordance with the 
principles and criteria contained in Executive Order 12612, and it has 
been determined that it does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment. The 
rule has also been reviewed under the Regulatory Flexibility Act. I 
certify that this rule would not have a significant economic impact on 
a substantial number of small entities under the meaning of the 
Regulatory Flexibility Act. There are no paperwork burdens associated 
with this rule under the Paperwork Reduction Act. Because this rule 
simply removes an obsolete provision, notice and comment are 
unnecessary and contrary to the public interest.

List of Subjects in 14 CFR Part 399

    Administrative practice and procedure, Air carriers, Air rates and 
fares, Air taxis, Consumer protection, Small business.

    For the reasons set forth above, the Department of Transportation 
is amending 14 CFR part 399 to read as follows:

PART 399--[AMENDED]

    1. The authority citation for part 399 continues to read as 
follows:

    Authority: 49 U.S.C. Chapters 401, 411, 413, 415, 417, 419, 161.


Sec. 399.92  [Removed]

    2. Section 399.92 is removed.

    Issued this 31st day of May 1996 at Washington, DC.
Charles A. Hunnicutt,
Assistant Secretary for Aviation and International Affairs.
[FR Doc. 96-14616 Filed 6-11-96; 8:45 am]
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