[Federal Register Volume 60, Number 40 (Wednesday, March 1, 1995)]
[Rules and Regulations]
[Pages 11046-11047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4984]



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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[OST Docket No 1; Amdt. 1-266]


Organization and Delegation of Powers and Duties Delegation to 
the Assistant Secretary for Aviation and International Affairs

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

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SUMMARY: This rule delegates to the Assistant Secretary for Aviation 
and International Affairs the Secretary of Transportation's authority 
under the Federal Aviation Administration Authorization Act of 1994, 
concerning the resolution of airport fee disputes between airport 
owners or operators and air carriers. The rule is necessary to reflect 
the delegation in the Code of Federal Regulations.

EFFECTIVE DATE: February 22, 1995.

FOR FURTHER INFORMATION CONTACT: Steven B. Farbman, Office of the 
Assistant General Counsel for Regulation and Enforcement (202) 366-
9306, United States Department of Transportation, 400 7th Street SW, 
Washington, DC 20590.

SUPPLEMENTARY INFORMATION: Section 113 of the Federal Aviation 
Administration Authorization Act of 1994 (Act) pertains to the 
resolution of airport-air carrier disputes concerning the imposition of 
airport fees. Procedural regulations under which these disputes are to 
be resolved and a policy statement regarding airport rates and charges, 
both required by section 113(b), were published in the Federal Register 
on February 3, 1995 (60 FR 6905-6930).
    Section 113(a) of the Act requires the Secretary of Transportation 
to issue a determination as to whether a fee imposed upon one or more 
air carriers by the owner or operator of an airport is reasonable if 
the Secretary receives: (a) a written request for a determination from 
the owner or operator; or (b) a written complaint from an affected air 
carrier within 60 days after the carrier receives written notice of the 
establishment or increase of the fee. Section 113(c) of the Act 
contains deadlines for certain decisions that the Secretary must make 
after an air carrier has filed a written complaint. Section 113(d) 
concerns the payment of fee increases by the complainant to the airport 
under protest; it also requires an airport to obtain and provide to the 
Secretary a letter of credit, surety bond, or other suitable credit 
facility in order to assure the timely repayment, with interest, of 
amounts in dispute determined not to be reasonable by the Secretary. 
That section also provides a guarantee of air carrier access to airport 
facilities pending the Secretary's issuance of a final order. This rule 
delegates the Secretary's authority under section 113 of the Act to the 
Assistant Secretary for Aviation and International Affairs.
    Since this rule relates to departmental management, organization, 
procedure, and practice, notice and public comment are unnecessary. For 
the same reason, good cause exists for not publishing this rule at 
least 30 days before its effective date, as is ordinarily required by 5 
U.S.C. 553(d). Therefore, this rule is effective February 22, 1995.

List of Subjects in 49 CFR Part 1

    Authority delegations (Government agencies), Organizations and 
functions (Government agencies).

PART 1--[AMENDED]

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

    Authority: 49 U.S.C. 322; Pub. L. 101-552, 28 U.S.C. 2672, 31 
U.S.C. 3711(a)(2).

    2. Section 1.56a is amended by adding a new paragraph (i) to read 
as follows:


Sec. 1.56a  Delegation to the Assistant Secretary for Aviation and 
International Affairs.

* * * * *
    (i) Carry out the functions of the Secretary pertaining to a 
determination of whether a fee imposed upon one or more air carriers by 
the owner or [[Page 11047]] operator of an airport is reasonable under 
section 113 of the Federal Aviation Administration Authorization Act of 
1994 (August 23, 1994; Pub. L. 103-305; 108 Stat. 1577-1579).

    Issued at Washington, DC this 22nd day of February, 1995.
Federico Pena,
Secretary of Transportation.
[FR Doc. 95-4984 Filed 2-28-95; 8:45 am]
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