Inspection and Copying of Department of Transportation Opinions, Orders, and Records and Implementation of the Consumer Credit Protection Act With Respect to Air Carriers and Foreign Air Carriers

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Parts 310 and 374

RIN 2105-AC64

Inspection and Copying of Department of Transportation Opinions,

Orders, and Records and Implementation of the Consumer Credit

Protection Act With Respect to Air Carriers and Foreign Air Carriers

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

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SUMMARY: This final rule removes regulations on the inspection and

copying of DOT opinions, orders, and records in 14 CFR Part 310 and

amends regulations on the implementation of

[[Page 25841]]

the Consumer Credit Protection Act with respect to air carriers and

foreign air carriers in 14 CFR Part 374. The Department is revoking 14

CFR Part 310 because the provisions of the regulation are outdated and

already encompassed in 49 CFR Part 7 which adequately provides for the

inspection and copying of all relevant DOT opinions, orders, and

records. With regard to 14 CFR Part 374, the Department is revising the

regulation to update both the agency references and statutory

citations. These actions are taken in response to the President's

Regulatory Reinvention Initiative.

DATES: This rule is effective on June 11, 1997.

FOR FURTHER INFORMATION CONTACT:

Dayton Lehman, Office of Aviation Enforcement and Proceedings (C-70),

Department of Transportation, 400 Seventh Street, SW., Washington, DC

20590, (202) 366-9342.

SUPPLEMENTARY INFORMATION:

I. Inspection and Copying of DOT Opinions, Orders, and Records

In an effort to eliminate duplication of its regulations in the

Code of Federal Regulations (CFR) and to eliminate outdated

information, the Department is removing 14 CFR Part 310. Part 310

provides for the inspection and copying of certain DOT opinions,

orders, and records. An outdated list of certain materials once made

available by the Civil Aeronautics Board is contained in the rule.

However, materials are already made available to the general public

under the DOT Public Availability of Information provisions (49 CFR

Part 7), the Freedom of Information Act (5 U.S.C. 552), and through the

DOT Docket Section. Continuing to have two regulations that perform the

same function is not necessary and 14 CFR Part 310 is therefore being

removed.

II. Implementation of the Consumer Credit Protection Act With Respect

to Air Carriers and Foreign Air Carriers

The Department is amending 14 CFR Part 374 to update both the

language of the regulation and the references to the statutory

provisions that it implements. Since the regulation was first adopted,

the Department of Transportation has replaced the Civil Aeronautics

Board (CAB) as the agency with enforcement responsibility under the

regulation. Thus, the regulation is being amended to reflect this

change. In addition, some of the statutory citations in the regulation

are outdated and are being revised in this final rule. Overall, the

amended regulation will accurately reflect both the current role of the

Department and the correct statutory provisions being implemented by

the rule. The changes are editorial and not substantive.

III. Waiver of Proposed Rulemaking

In developing this final rule, we are dispensing with the usual

notice of proposed rulemaking and public comment procedures set forth

in the Administrative Procedure Act (APA) (5 U.S.C. 553). The APA

provides an exception to the notice and comment procedures when an

agency finds there is good cause for dispensing with such procedures on

the basis that they are impracticable, unnecessary or contrary to the

public interest. We have determined that under 5 U.S.C. 553 good cause

exists for dispensing with the notice of proposed rulemaking and public

comment procedures for this rule because the changes are purely

editorial and administrative in nature.

IV. Regulatory Statements

Executive Order 12866

This final rule is considered nonsignificant under DOT's Policies

and Procedures. The rule would have no economic impact and no further

regulatory evaluation was prepared. The rule merely eliminates the

duplicative and outdated provisions of 14 CFR Part 310 and amends the

provisions of 14 CFR Part 374 to reflect current agency

responsibilities and statutory authority. The elimination of 14 CFR

Part 310 will have no affect on the general public since there are

other readily available methods of obtaining DOT records, and a

regulation governing those methods. Likewise, this rule's revision to

14 CFR Part 374 will have no substantive impact on its provisions. It

was not reviewed by the Office of Management and Budget (OMB) under

Executive Order 12866.

Regulatory Flexibility Act

This rulemaking will have no impact on small entities for the

reasons stated above. Under the provisions of the Regulatory

Flexibility Act (5 U.S.C. 601-612), I certify that this rule will not

have a significant economic impact on a substantial number of small

entities, and that a regulatory flexibility analysis is not required

for this rulemaking.

Paperwork Reduction Act

This final rule imposes no new reporting or record-keeping

requirements necessitating clearance by OMB.

List of Subjects

14 CFR Part 310

Administrative practice and procedure, Freedom of information,

Records.

14 CFR Part 374

Administrative practice and procedure, Air carriers, Consumer

protection, Enforcement.

Accordingly, the Department of Transportation removes 14 CFR Part

310 and amends 14 CFR Part 374 as set forth below:

CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION

(AVIATION PROCEEDINGS)

PART 310--INSPECTION AND COPYING OF DOT OPINIONS, ORDERS, AND

RECORDS [REMOVED]

1. Under the Authority of 49 U.S.C. 40113, Part 310 is removed.

PART 374--IMPLEMENTATION OF THE CONSUMER CREDIT PROTECTION ACT WITH

RESPECT TO AIR CARRIERS AND FOREIGN AIR CARRIERS [AMENDED]

B. Part 374 is amended as set forth below:

1. The authority citation for Part 374 is revised to read as

follows:

Authority: 15 U.S.C. 1601-1693r; 49 U.S.C. Subtitle VII; and 12

CFR parts 202 and 226.

2. Section 374.1 is revised to read as follows:

Sec. 374.1 Purpose.

The purpose of this part is to state the Department of

Transportation's responsibility to enforce air carrier and foreign air

carrier compliance with Subchapters I, III, IV, V and VI of the

Consumer Credit Protection Act and Regulations B and Z of the Board of

Governors of the Federal Reserve System.

3. Section 374.3 revised to read as follows:

Sec. 374.3 Compliance with the Consumer Credit Protection Act and

regulations.

(a) Each air carrier and foreign air carrier shall comply with the

requirements of the Consumer Credit Protection Act, 15 U.S.C. 1601-

1693r. Any violation of the following requirements of that Act will be

a violation of 49 U.S.C. Subtitle VII, enforceable by the Department of

Transportation:

(1) The Truth in Lending Act, as supplemented by the Fair Credit

Billing Act, 15 U.S.C. 1601-1667, requiring disclosure of credit terms

to the consumer and prohibiting inaccurate or

[[Page 25842]]

unfair credit billing and credit card practices.

(2) The Fair Credit Reporting Act, 15 U.S.C. 1681-1681 setting

forth requirements to be met by consumer credit reporting agencies and

persons who use consumer credit reports.

(b) Each air carrier and foreign air carrier shall comply with the

requirements of Regulation B, 12 CFR part 202, and Regulation Z, 12 CFR

part 226, of the Board of Governors of the Federal Reserve Board. Any

violation of the requirements of those regulations will be a violation

of 49 U.S.C. Subtitle VII, enforceable by the Department of

Transportation.

4. Section 374.4 is revised to read as follows:

Sec. 374.4 Enforcement procedure.

The statutes and regulations referred to in Sec. 374.3 may be

enforced by an enforcement procedure as set forth in part 302 of this

chapter or by the assessment of civil penalties under 49 U.S.C. 46301.

Issued in Washington, DC on March 24, 1997.

Rodney E. Slater,

Secretary of Transportation.

[FR Doc. 97-9783 Filed 5-9-97; 8:45 am]

BILLING CODE 4910-62-M