[Federal Register Volume 61, Number 79 (Tuesday, April 23, 1996)]
[Rules and Regulations]
[Pages 17840-17841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9928]



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DEPARTMENT OF DEFENSE

Department of the Air Force

32 CFR Part 861


Department of Defense Commercial Air Carrier Quality and Safety 
Review Program

AGENCY: Department of the Air Force, DoD.

ACTION: Final rule.

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SUMMARY: The Department of the Air Force revises its regulation on DoD 
quality and safety criteria for air carriers providing or seeking to 
provide airlift services to the DoD. The revision clarifies air carrier 
prerequisites before an air carrier can solicit DoD business and be 
used by DoD agencies. Specifically, the change clarifies that cargo 
carriers must have previously performed cargo business in the 12 
continuous months immediately prior to applying for DoD business. The 
revision also changes the Commercial Airlift Review Board (CARB) 
membership from six voting members to four.
    This revision serves to notify the aviation industry of the above 
changes. The changes are necessary for the DoD Commercial Airlift 
Review Board to effectively and legally carry out its aviation safety 
responsibilities as specified in the National Defense Authorizations 
Act for fiscal year 1987.

EFFECTIVE DATE: April 23, 1996.

FOR FURTHER INFORMATION CONTACT: Mr. Dennis D. Emmons, Chief, DoD Air 
Carrier Survey and Analysis Division, Directorate of Operations, 
Headquarters Air Mobility Command (HQ AMC/DOB), Scott AFB IL 62225-
5302, telephone (618) 256-4801/4806.

SUPPLEMENTARY INFORMATION: This part is published as a final rule 
because it implements Public Law 99-661 (FY87 National Defense 
Authorization Act, Sec. 1204, Requirements Concerning Transportation of 
Members of the Armed Forces by Chartered Aircraft) and DoD Directive 
4500.53 (Commercial Passenger Airlift Management and Quality Control). 
Additionally, and as part of the final rule determination, this part is 
related to public contracts and to provisions for agency management.
    The Department of the Air Force has determined that this regulation 
is not a major rule as defined by Executive Order 12866, is not subject 
to the relevant provisions of the Regulatory Flexibility Act of 1980 (5 
U.S.C. 601-661), does not contain reporting or recordkeeping 
requirements under the criteria of the Paperwork Reduction Act of 1980 
(44 U.S.C. 35), and poses no negative environmental impact as defined 
in the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq).

List of Subjects in 32 CFR Part 861

    Air carriers, Aviation safety.

    Therefore, 32 CFR Part 861 is amended as follows:

PART 861--DEPARTMENT OF DEFENSE COMMERCIAL AIR CARRIER QUALITY AND 
SAFETY REVIEW PROGRAM

    1. The authority citation for Part 861 continues to read as 
follows:

    Authority: 10 U.S.C. 8013; 10 U.S.C. 2640.


[[Page 17841]]


    2. Section 861.3 is amended by revising paragraph (d)(1) to read as 
follows:


Sec. 861.3  DOD commercial air carrier quality and safety requirements.

* * * * *
    (d) * * *
    (1) Quality and Safety Requirements--prior experience. Commercial 
air carriers or operators applying to conduct passenger or cargo 
business for the United States Department of Defense are required to 
possess 12 months of continuous service equivalent to the service 
sought by DoD. The service must have been performed for the 12 
continuous months immediately prior to applying for DoD business. Prior 
experience must be equivalent in difficulty and complexity in regard to 
distance, weather systems, international or national procedures, 
similar aircraft, schedule demands, aircrew experience, and management 
required.
* * * * *
    3. Section 861.4 is amended by revising paragraph (g)(1) and (2) to 
read as follows:


Sec. 861.4  DOD Commercial Airlift Review Board procedures.

* * * * *
    (g) * * *
    (1) Four voting members will constitute the CARB; two senior, 
knowledgeable individuals appointed by Commander, AMC; one similarly 
knowledgeable individual appointed by USCINCTRANS; and one appointed by 
Commander, MTMC. At least one of the voting HQ AMC members and the MTMC 
member will be of general/flag officer or civilian equivalent rank. 
Other non-voting CARB members will be appointed as necessary to 
facilitate the CARB deliberative process. A non-voting recorder will 
also be appointed.
    (2) The HQ AMC senior member will act as the CARB chairperson. A 
voting member who will not be present at any meeting of the CARB, may 
be represented by a knowledgeable alternate empowered with the voting 
responsibilities of the voting member. Three voting members (or their 
alternate) shall constitute a quorum. Decisions shall be by majority 
vote. In the case of a tie vote, the chairperson will have the deciding 
vote.
* * * * *
Patsy J. Conner,
Air Force Federal Register Liaison Officer.
[FR Doc. 96-9928 Filed 4-22-96; 8:45 am]
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