[Federal Register Volume 61, Number 85 (Wednesday, May 1, 1996)]
[Rules and Regulations]
[Pages 19164-19166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10741]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Parts 205 and 323
[Docket No. OST-96-1269]
RIN 2105-AC46
Aircraft Accident Liability Insurance; Terminations, Suspensions,
and Reductions of Service
AGENCY: Office of the Secretary, Department of Transportation.
ACTION: Final rule.
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SUMMARY: The Department is amending its regulations on aircraft
accident liability insurance and on terminations, suspensions, and
reductions of essential air service, to remove or update obsolete
provisions and organizational and statutory references.
EFFECTIVE DATE: The rule shall become effective on May 31, 1996.
FOR FURTHER INFORMATION CONTACT: Carol A. Woods, Air Carrier Fitness
Division, X-56, Department of Transportation, 400 Seventh Street, SW.,
Washington, DC 20590, (202) 366-9721.
SUPPLEMENTARY INFORMATION: In his Regulatory Reinvention Initiative
[[Page 19165]]
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and to ``eliminate or revise those that are outdated or otherwise in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.
Subsequent rulemakings will address other regulations.
In this rulemaking, parts 205 and 323 are being amended to remove
or update obsolete provisions and organizational references, and to
replace references to the Federal Aviation Act with references to
Subtitle VII of Title 49 of the United States Code (Transportation).
Executive Order 12866 (Regulatory Planning and Review)
The Department has analyzed the economic and other effects of the
amendments and has determined that they are not ``significant'' within
the meaning of Executive Order 12866. The amendment will not have an
annual effect on the economy of $100 million or more or adversely
affect in a material way the economy, a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local, or tribal governments or communities. It will
not create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency, and it will not materially
alter the budgetary impact of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients thereof. Nor does
it raise any novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
Executive Order 12866. The rule is considered ``nonsignificant'' under
Executive Order 12688 and was not reviewed by the Office of Management
and Budget.
DOT Regulatory Policies and Procedures
The amendments are not significant under the Department's
Regulatory Policies and Procedures, dated February 26, 1979, because
they do not involve important Departmental policies; rather, they 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 issuance of this rule will have no economic impact.
Regulatory Flexibility Act
In accordance with the Regulatory Flexibility Act, the Department
has evaluated the effects of this action on small entities. For
purposes of its aviation economic regulations, Departmental policy
categorizes air carriers operating small aircraft (60 seats or less or
18,000 pounds maximum payload or less) as small entities for purposes
of the Regulatory Flexibility Act. Based upon this evaluation, the
Department certifies that the amendment would not have a significant
economic impact on a substantial number of small entities.
Executive Order 12612 (Federalism)
These amendments have been analyzed in accordance with the
principles and criteria contained in Executive Order 12612. The
Department has determined that the amendments do 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 amendments for the purpose of
the National Environmental Policy Act. The amendments 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 amendments.
Notice and Opportunity for Public Comment Unnecessary
Under the Administrative Procedure Act (5 U.S.C. 553), the
Department determines that notice and an opportunity for public comment
are impracticable, unnecessary, and contrary to the public interest.
The amendments made in this document are ministerial, removing obsolete
and redundant material or making minor technical and terminology
changes. These changes will have no substantive impact, and the
Department would not anticipate receiving meaningful comments on them.
Comment is therefore unnecessary, and it would be contrary to the
public interest to delay unnecessarily this effort to eliminate or
revise outdated rules.
Lists of Subjects
14 CFR Part 205
Air carriers, Insurance, Reporting and recordkeeping requirements.
14 CFR Part 323
Administrative practice and procedure, Air carriers, Reporting and
recordkeeping requirements.
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 205--[AMENDED]
1. The authority citation for part 205 is revised to read as
follows:
Authority: 49 U.S.C. Chapters 401, 411, 413, 417.
Sec. 205.1 [Amended]
2. In Sec. 205.1, remove the punctuation and word ``, overseas,''.
Sec. 205.4 [Amended]
3. In Sec. 205.4(c), remove the words ``222 West Seventh Street,
Box 27'' and add, in their place, the words ``801 B Street, Suite
506''; remove the number ``99513'' and add, in its place, the number
``99501-3657''.
PART 323--[AMENDED]
4. The authority citation for part 323 is revised to read as
follows:
Authority: 49 U.S.C. Chapters 401, 411, 417.
Secs. 323.1, 323.3, 323.4, 323.9 [Amended]
5. In Secs. 323.1, 323.3(a)(2), (a)(4) introductory text, (a)(5),
(c)(1), (c)(2), (c)(3) introductory text, 323.4(a)(5) introductory
text, (a)(5)(ii), 323.9(b)(4), (b)(6), and (c), remove the words
``essential air transportation'' and add, in their place, the words
``essential air service''.
Secs. 323.1, 323.5 [Amended]
6. In Secs. 323.1 and 323.5(a)(1), remove the words ``section 419
of the Act'' and add, in their place, the words ``49 U.S.C. 41731-
41742''.
7. In Sec. 323.2, the definitions Act, Eligible point, and
Essential air transportation are removed, the definition Certificated
carrier is revised, and the definitions Eligible place, Essential air
service, FAA, and Statute are added in alphabetical order, to read as
follows:
Sec. 323.2 Definitions.
* * * * *
Certificated carrier means a direct air carrier holding authority
to provide air
[[Page 19166]]
transportation granted by the Department of Transportation (``DOT'') or
the former Civil Aeronautics Board (``CAB'') in the form of a
certificate of public convenience and necessity under section 41102 of
the Title 49 of the United States Code (Transportation) (``the
Statute'') or an all-cargo air transportation certificate to perform
all-cargo air transportation under section 41103 of the Statute.
Eligible place means a place in the United States that--
(1) Was an eligible point under section 419 of the Federal Aviation
Act of 1958 as in effect before October 1, 1988;
(2) Received scheduled air transportation at any time between
January 1, 1990, and November 4, 1990; and
(3) Is not listed in Department of Transportation Orders 89-9-37
and 89-12-52 as a place ineligible for compensation under Subchapter II
of Chapter 417 of the Statute. (For availability of Department of
Transportation Orders, see 49 CFR part 7, subpart E and appendix A.)
Essential air service is that air transportation which the
Department has found to be essential under Subchapter II of Chapter 417
of the Statute.
FAA means the Federal Aviation Administration, U.S. Department of
Transportation.
* * * * *
Statute means Subtitle VII of Title 49 of the United States Code
(Transportation).
* * * * *
Sec. 323.3 [Amended]
8. In Sec. 323.3(a)(5), remove the words ``section 419(a)(2) or
section 419(b)(4) of the Act'' and add, in their place, the words
``section 41731 or section 41733 of the Statute''.
Secs. 323.3, 323.4 [Amended]
9. In Secs. 323.3(a)(2), (a)(3), (a)(4) introductory text,
(a)(4)(iii), (a)(5), (c)(1), (c)(2), (c)(3) introductory text,
(c)(3)(iii), and 323.4(a)(5) introductory text, remove the words ``CAB
or''.
Secs. 323.3, 323.7 [Amended]
10. In Secs. 323.3(a)(1), (a)(3), (a)(5), (d), and 323.7(a)(1),
remove the word ``points'' and add, in its place, the word ``places''.
Secs. 323.3, 323.4, 323.5, 323.7, 323.9, 323.13, 323.14 [Amended]
11. In Secs. 323.3(a)(1), (a)(2), (a)(3), (a)(4) introductory text,
(a)(5), (c)(1), (c)(2), (c)(3) introductory text, (d), 323.4(a)(5)(i),
(a)(5)(ii), (a)(6), 323.5(a)(1) and (a)(2), 323.7(a)(1), 323.9(a),
(b)(3), (b)(4), 323.13(b)(1), 323.14(a) and (c), remove the word
``point'' wherever it occurs and add, in its place, the word ``place''.
Sec. 323.6 [Amended]
11a. In Sec. 323.6(b), remove the word ``point(s)'' and add, in its
place, the word ``place(s)''.
Sec. 323.9 [Amended]
11b. In Sec. 323.9(c), remove the word ``point's'' and add, in its
place, the word ``place's''.
Sec. 323.7 [Amended]
12. In Sec. 323.7(a)(1), remove the words ``section 401'' wherever
they occur, and add, in their place, the words ``section 41102''.
13. Section 323.8 is revised to read as follows:
Sec. 323.8 Exemptions.
Carriers are exempted from paragraphs (a)(1), (a)(3), and (a)(5) of
Sec. 323.3 to the extent that those provisions require them to file a
notice when terminating or suspending the domestic leg of an
international flight (fill-up service).
Secs. 323.14, 323.15 [Amended]
14. In Secs. 323.14(d) and 323.15(b), remove the words ``Office of
Essential Air Service'' and add, in their place, the words ``Office of
Aviation Analysis''.
Issued in Washington, DC, on this 15th day of April, 1996.
Charles A. Hunnicutt,
Assistant Secretary for Aviation and International Affairs.
[FR Doc. 96-10741 Filed 4-30-96; 8:45 am]
BILLING CODE 4910-62-P