Aviation Economic Regulations: Updates and Corrections

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and to ``eliminate or revise those that are outdated or otherwise in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

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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correcting out-of-date references, and enhancing the organization of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

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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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