[Federal Register Volume 62, Number 91 (Monday, May 12, 1997)]
[Rules and Regulations]
[Pages 25840-25842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9783]


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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CFR Part 310 because the provisions of the regulation are outdated and 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Code of Federal Regulations (CFR) and to eliminate outdated 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 An outdated list of certain materials once made 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