[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 34724-34726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16808]


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DEPARTMENT OF TRANSPORTATION
Office of the Secretary

14 CFR Parts 211 and 213

RIN 2105-AC53


Aviation Economic Regulations: Updates and Corrections

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

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SUMMARY: The Department is amending 14 CFR Parts 211 and 213 to 
eliminate obsolete provisions and references, to conform citations to 
the recodification by Pub. L. 103-272 of the Federal Aviation Act and 
other transportation statutes, and to update organizational titles.

EFFECTIVE DATE: The rule shall become effective on August 2, 1996.

FOR FURTHER INFORMATION CONTACT: George L. Wellington, Chief, Foreign 
Air Carrier Licensing Division (X-45), Office of International 
Aviation, Department of Transportation, 400 Seventh Street, SW., 
Washington, DC 20590, (202) 366-2388.

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and to ``eliminate or revise those that are outdated or otherwise in 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.
    This rule eliminates obsolete provisions and references, conforms 
citations to the recodification by Pub. L. 103-272 of the Federal 
Aviation Act and other transportation statutes, and updates 
organizational titles. The Department finds that notice and comment are 
unnecessary and contrary to the public interest because of the 
editorial nature of these changes.

Executive Order 12866 (Regulatory Planning and Review)

    The Department has analyzed the economic and other effects of the 
final rule and has determined that they are not ``significant'' within 
the meaning of Executive Order 12866. The rule has not, therefore, been 
reviewed by the Office of Management and Budget.

DOT Regulatory Policies and Procedures

    The final rule is not significant under the Department's Regulatory 
Policies and Procedures, dated February 26, 1979, because it does not 
involve

[[Page 34725]]

important Departmental policies; rather, the changes 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 
there will be no economic impact as a result of these changes.

Regulatory Flexibility Act

    In accordance with the Regulatory Flexibility Act, I certify that 
the amendments will not have a significant economic impact on a 
substantial number of small entities. The changes are editorial in 
nature and will have no substantive impact.

Executive Order 12612 (Federalism)

    The final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 12612. The Department has 
determined that the rule does 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 rule for the purpose of the 
National Environmental Policy Act. The rule 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 final rule.

Lists of Subjects

14 CFR Part 211

    Foreign air carriers, Economic authority, Transportation 
Department.

14 CFR Part 213

    Foreign air carriers, Economic authority, Transportation 
Department.

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 211--[AMENDED]

    1. The authority citation for part 211 is revised to read as 
follows:

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

    2. Throughout the part, remove the words ``Board'' and ``Board's'' 
wherever they appear, and add, in their place, the words ``Department'' 
and ``Department's.'' Remove the words ``Docket Section,'' and add, in 
their place, the words ``Docket Facility.''


Sec. 211.1  [Amended]

    3. In Sec. 211.1, remove the words ``section 402 of the Federal 
Aviation Act'' and add, in their place, the words ``section 41301 of 
Title 49 of the United States Code (Transportation).''


Sec. 211.10  [Amended]

    4. In Sec. 211.10(b), remove the words ``Regulatory Affairs 
Division, Bureau of International Aviation, Civil Aeronautics Board, 
Washington, DC 20428,'' and add, in their place, the words ``Foreign 
Air Carrier Licensing Division, Office of International Aviation, 
Department of Transportation, 400 Seventh Street, SW., Washington, DC 
20590.''


Sec. 211.20  [Amended]

    5. In Sec. 211.20(t), remove the words ``CAB form 263,'' and add, 
in their place, the words ``OST Form 4523.''

Subpart D--[Amended]

    6. Throughout subpart D of part 211, remove the words ``overseas,'' 
``overseas and interstate,'' ``overseas or interstate,'' ``interstate 
and overseas'', and ``interstate or overseas,'' wherever they appear, 
and add, in their place, the word ``interstate.''


Sec. 211.33  [Amended]

    7. In Sec. 211.33(c), remove the words ``section 801(a)'' and add 
in their place the words ``section 41307.''

PART 213--[AMENDED]

    8. The authority citation for part 213 is revised to read as 
follows:

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

    9. Throughout the part, remove the words ``Board'' and ``Board's'' 
wherever they appear, and add, in their place, the words ``Department'' 
and ``Department's.'' Remove the words ``Docket Section,'' and add, in 
their place, the words ``Docket Facility.''


Sec. 213.1  [Amended]

    10. In Sec. 213.1, remove the words ``section 402 permits 
authorizing foreign direct air carriers to engage in'' and add, in 
their place, the words ``foreign air carrier permits issued under 
section 41302 of Title 49 of the United States Code (Transportation) 
authorizing.'' Remove the entire sentence that begins with 
``Notwithstanding.''


Sec. 213.3  [Amended]

    11. In Sec. 213.3(f), remove the words ``section 1005(b) of the 
Act,'' and add, in their place, the words ``49 U.S.C. 46103.''


Sec. 213.5  [Amended]

    12. The heading of Sec. 213.5 is revised to read as follows:


Sec. 213.5  Filing and service of schedules and applications for 
approval of schedules; procedure thereon.

* * * * *
    13. In Sec. 213.5(a), remove the words ``each airport notice or,'' 
and ``each application for permission to use an airport (Sec. 213.4(b)) 
or.'' Remove the words ``19 copies,'' and add, in their place, the 
words ``seven (7) copies.'' Remove the entire sentence that begins with 
``Each airport notice or application . . .''
    14. Section 213.5(b) is revised to read as follows:
* * * * *
    (b) Pleadings by interested persons. Any interested person may file 
and serve upon the foreign air carrier a memorandum in opposition to, 
or in support of, schedules or an application for approval of schedules 
within 10 days of the filing opposed or supported. All memoranda shall 
set forth in detail the reasons for the position taken together with a 
statement of economic data and other matters which it is desired that 
the Department officially notice, and affidavits stating other facts 
relied upon. Memoranda shall contain a certificate of service as 
prescribed in paragraph (a) of this section. An executed original and 
seven (7) true copies shall be filed with the Department's Docket 
Facility. Unless otherwise provided by the Department, further 
pleadings will not be entertained.
* * * * *
    15. In Sec. 213.5(c), remove the words ``for permission to use an 
airport or.'' Remove the entire sentence beginning with ``Petitions for 
reconsideration of the Board'' determination on an application for 
permission to use an airport . . .''


Sec. 213.6  [Amended]

    16. In Sec. 213.6, remove the words ``Title IV of the Act'' and add 
in their place the words ``Subtitle VII of Title 49 of the U.S. Code.''


Sec. 213.7  [Amended]

    17. In Sec. 213.7, remove the abbreviation ``CAB'' before the word 
``Agreement.'' Remove the words ``CAB form 263,'' and add, in their 
place, the words ``OST Form 4523'', and remove

[[Page 34726]]

the words ``Publications Services Division, Civil Aeronautics Board, 
Washington, DC 20428,'' and add in their place the words ``Foreign Air 
Carrier Licensing Division (X-45), Office of International Aviation, 
Department of Transportation, 400 Seventh Street, SW., Washington, DC 
20590.

    Issued in Washington, DC, on May 31, 1996.
Charles A. Hunnicutt,
Assistant Secretary for Aviation and International Affairs.
[FR Doc. 96-16808 Filed 7-2-96; 8:45 am]
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