Technical Amendments; Organizational Change; Miscellaneous Editorial Changes; and Conforming Amendments

Federal Register Notice
December 26, 1995
Volume 60, Number 247

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: The Bureau of Transportation Statistics under delegated authority 49 CFR 1.71(a) amends the Secretary's regulations in order to reflect recent Departmental organizational changes, correct outdated organizational and statutory references, and eliminate obsolete provisions. It also makes editorial changes to correct addresses and make other technical corrections. This rule makes no substantive changes to current regulations.

EFFECTIVE DATE: This rule is effective on December 26, 1995.

FOR FURTHER INFORMATION CONTACT: Bernie Stankus; Regulations Division, Office of Airline Information, K-25, U.S. Department of Transportation, 400 Seventh Street SW., Washington, DC 20590, (202) 366-4387.

SUPPLEMENTARY INFORMATION:

Background and Purpose

Responsibility for the Department's aviation information program was transferred from the Administrator of the Research and Special Programs Administration (RSPA) to the Director of the Bureau of Transportation Statistics (BTS) in May 1995. Before RSPA, the function resided in the Civil Aeronautics Board (CAB) until the sunset of the latter. The office that has this responsibility is the Office of Airline Information (OAI). Before the transfer, this office was known as the Office of Airline Statistics (OAS) and, prior to a 1990 reorganization of RSPA, the Office of Aviation Information Management (OAIM). This rule reflects the transfer by revising those portions of the CFR that still refer to RSPA, CAB, OAS, and OAIM with respect to the aviation information program.

The rule also makes editorial changes throughout the 14 CFR chapter II to eliminate obsolete provisions, and to correct addresses, terminology, cross-references, and outdated titles of Department organizations and officials. These changes are necessitated in part by the revision and recodification of the Federal Aviation Act within subtitle VII of title 49 of the United States Code (Transportation) by action of Pubic Law 103-272, enacted July 5, 1994. 14 CFR 399.100 is being removed since it is redundant to 14 CFR part 241 section 19-7(d); the policy regarding release of international passenger origin and destination statistics remains unchanged.

Notice and Opportunity for Public Comment Unnecessary

Since this amendment relates to departmental management, organization, procedure, and practice, notice and comment are unnecessary. The amendments made in this document are ministerial, removing obsolete and redundant material and making minor technical and terminology changes. 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 final rule is effective upon publication in the Federal Register.

Regulatory Evaluation

This rule is not a significant regulatory action under section 3(f) of Executive Order 12866. It has not been reviewed by the Office of Management and Budget under that order. It is not significant under the regulatory policies and procedures of the Department of Transportation (DOT) (44 FR 11040, February 26, 1979). As this rule involves internal agency practices and procedures, it will not impose any costs on the public.

Paperwork Reduction Act

This rule contains no reporting or recordkeeping requirements.

Federalism

The Bureau of Transportation Statistics has analyzed this rule under the principles and criteria in Executive Order 12612 and has determined that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

National Environmental Protection Act

The Bureau of Transportation Statistics has also analyzed the proposed amendments for the purpose of the National Environmental Protection Act. The amendments will not have any impact on the quality of the human environment.

List of Subjects

14 CFR Part 200

Air transportation.

14 CFR Part 217

Air carriers, Reporting and recordkeeping requirements.

14 CFR Part 234

Air carriers, Consumer protection, Reporting and recordkeeping requirements.

14 CFR Part 241

Air carriers, Reporting and recordkeeping requirements, Uniform System of Accounts.

14 CFR Part 247

Air carriers, Airports.

14 CFR Part 248

Air carriers, Reporting and recordkeeping requirements, Uniform System of Accounts.

14 CFR Part 249

Air carriers, Reporting and recordkeeping requirements, Truth in lending, Uniform System of Accounts.

14 CFR Part 250

Air carriers, Consumer protection, Reporting and recordkeeping requirements.

14 CFR Part 291

Administrative practice and procedure, Air carriers, Freight, Reporting and recordkeeping requirements.

14 CFR Part 298

Air taxis, Reporting and recordkeeping requirements.

14 CFR Part 374a

Air carriers, Credit, Political candidates, Reporting and recordkeeping requirements.

14 CFR Part 385

Organization and functions (Government agencies).

14 CFR Part 399

Administrative practice and procedure, Air carriers, Air rates and fares, Air taxis, Consumer protection, Small businesses.

For the reasons set out in the preamble, the Bureau of Transportation Statistics under delegated authority 49 CFR 1.71(a) amends the Secretarys' regulations in 14 CFR chapter II as set forth below.

PART 200--DEFINITIONS AND INSTRUCTIONS

1. The authority citation for part 200 continues to read as follows:

Authority: 49 U.S.C. chapters 401, 411, 413, 415, 417, 461.

2. In Sec. 200.1, add new paragraph (h) to read as follows:

Sec. 200.1 Terms and definitions.

* * * * *

(h) BTS means the Bureau of Transportation Statistics, U.S. Department of Transportation.

PART 217--REPORTING TRAFFIC STATISTICS BY FOREIGN AIR CARRIERS IN CIVILIAN SCHEDULED, CHARTER, AND NONSCHEDULED SERVICES

3. The authority citation for part 217 is revised to read as follows:

Authority: 49 U.S.C. 329 and chapters 401, 413, 417.

Secs. 217.3, 217.5, 217.6, 217.7, 217.9, 217.10 [Amended]

4. In the list below, for each section indicated in the left column, remove the term indicated in the middle column from wherever it appears in the section, and add the term indicated in the right column:

Sec. 217.10 [Amended]

5. In Sec. 217.10, the appendix is amended by removing paragraph (h).

PART 234--AIRLINE SERVICE QUALITY PERFORMANCE REPORTS

6. The authority citation for part 234 is revised to read as follows:

Authority: 49 U.S.C. 329 and chapters 401, 417.

7. The Note preceding Sec. 234.1 is revised to read as follows:

Note: The reporting requirements contained in this part have been approved by the Office of Management and Budget under control number 2138-0041.

Secs. 234.2, 234.4, 234.5, 234.6, 234.8, 234.12 [Amended]

8. In the list below, for each section indicated in the left column, remove the term indicated in the middle column from wherever it appears in the section, and add the term indicated in the right column:

PART 241--UNIFORM SYSTEM OF ACCOUNTS AND REPORTS FOR LARGE CERTIFICATED AIR CARRIERS

9. The authority citation for part 241 is revised to read as follows:

Authority: 49 U.S.C. 329 and chapters 401, 411, 417.

Secs. 241.03, 04, 1-1, 1-2, 1-3, 1-4, 1-5, 1-6, 1-7, 1-8, 2.1, 2-4, 3, 6, 12, 17, 19-1, 19-5, 19-7, 21, 22, 23, 24, 25 [Amended]

10. In the list below, for each section indicated in the left column, remove the term indicated in the middle column from wherever it appears in the section, and add the term indicated in the right column:

Sec. 241.03 [Amended]

11. In Part 241 Sec. 03, remove the definition ``Board'' and add the following definition in appropriate alphabetical order to read as follows:

Section 03--Definitions for Purposes of This System of Accounts and Reports

* * * * *

BTS. The Bureau of Transportation Statistics.

* * * * *

Sec. 241.2-5 [Amended]

12. In Part 241 Sec. 2-4(c), remove the term ``and Pan American'' wherever it appears.

Sec. 241.22 [Amended]

13. In Part 241 Sec. 22(b)(3), remove the term ``Board'' where it appears seven times, and add, in place of the first, sixth, and seventh occurrences, the term ``BTS'', and add, in place of the second, third, fourth, and fifth occurrences, the term ``DOT''.

Sec. 241.25 [Amended]

14. In Part 241 Sec. 25, Schedule T-8, paragraph (a) is revised to read as follows:

Schedule T-8--Report of All-Cargo Operations

(a) This schedule shall be filed annually by all air carriers that conduct all-cargo operations under certificates issued under 49 U.S.C. 41103.

* * * * *

15. Part 241 Sec. 25, Schedule T-9 is removed.

PART 247--DIRECT AIRPORT-TO-AIRPORT MILEAGE RECORDS

16. The authority citation at the end of part 247 is revised to read as follows:

Authority: 49 U.S.C. chapter 401.

Sec. 247.1 [Amended]

17. In Sec. 247.1, remove the term ``Office of Airline Statistics'' and add ``Office of Airline Information'' in its place, and remove the term ``Research and Special Programs Administration'' and add ``Bureau of Transportation Statistics'' in its place.

PART 248--SUBMISSION OF AUDIT REPORTS

18. The authority citation for part 248 is revised to read as follows:

Authority: 49 U.S.C. 329 and chapters 401, 411, 417.

Sec. 248.2 [Amended]

19. In Sec. 248.2, remove the term ``Board's Office of the Comptroller'' and add ``Office of Airline Information'' in its place.

20. In the parenthetical phrase at the end of Sec. 248.2, remove the term ``3024-0004'' and add ``2138-0004'' in its place.

Sec. 248.4 [Amended]

21. In Sec. 248.4, remove the term ``Board's Office of the Comptroller'' and add ``Office of Airline Information'' in its place, and remove the term ``CAB'' and add ``BTS'' in its place.

Sec. 248.5 [Amended]

22. In Sec. 248.5, remove the term ``Board'' and add ``BTS'' in its place.

PART 249--PRESERVATION OF AIR CARRIER RECORDS

23. The authority citation for part 249 is revised to read as follows:

Authority: 49 U.S.C. 329 and chapters 401, 411, 413, 417.

24. In the Note preceding Subpart A of part 249, remove the term ``3024-0006'' and add ``2138-0006'' in its place.

Secs. 249.1, 249.2, 249.3, 249.4, 249.7, 249.8, 249.9, 249.10, 249.20, 249.21, 249.30, 249.31 [Amended]

25. In the list below, for each section indicated in the left column, remove the term indicated in the middle column from wherever it appears in the section, and add the term indicated in the right column:

PART 250--OVERSALES

26. The authority citation for part 250 is revised to read as follows:

Authority: 49 U.S.C. chapters 401, 411, 413, 417.

Sec. 250.10 [Amended]

27. In Sec. 250.10, remove the term ``RSPA'' and add ``BTS'' in its place.

PART 291--CARGO OPERATIONS IN INTERSTATE AIR TRANSPORTATION

28. The authority citation for part 291 continues to read as follows:

Authority: 49 U.S.C. chapters 401, 411, 415, 417.

Sec. 291.42 [Amended]

29. In Sec. 291.42(a)(2), remove the term ``Data Administration Division, DAI-20, room 4125, Office of Airline Statistics, Research and Special Programs Administration, Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001'' and add ``Office of Airline Information, K-25, Room 4125, U.S. Department of Transportation, 400 Seventh St., SW., Washington, DC 20590'' in its place.

PART 298--EXEMPTIONS FOR AIR TAXI AND COMMUTER AIR CARRIER OPERATIONS

30. The authority citation for part 298 continues to read as follows:

Authority: 49 U.S.C. chapters 401, 411, 417.

Sec. 298.60 [Amended]

31. In Sec. 298.60, remove the term ``RSPA'' and add ``BTS'' in its place.

32. In Sec. 298.60(a), remove the term ``Research and Special Programs Administration'' and add ``Bureau of Transportation Statistics'' in its place.

33. In Sec. 298.60(b), remove the term ``Office of Airline Statistics'' and add ``Office of Airline Information'' in its place.

34. In Sec. 298.60(c), remove the term ``Data Administration Division; DAI-20, Room 4125; Office of Airline Statistics; Research and Special Programs Administration; Department of Transportation; 400 Seventh Street, SW.; Washington, D.C. 20590'' and add ``Office of Airline Information, K-25, Room 4125, U.S. Department of Transportation, 400 Seventh St., SW., Washington, DC 20590'' in its place.

35. In Sec. 298.60(e), remove the term ``366-9847'' and add ``366- 9059'' in its place.

Sec. 298.61 [Amended]

36. In Sec. 298.61(a) and (g), remove the term ``RSPA'' and add ``BTS'' in its place.

37. In Sec. 298.61(g), remove the term ``Office of Airline Statistics'' and add ``Office of Airline Information'' in its place.

Sec. 298.62 [Amended]

38. In Sec. 298.62(a), remove the term ``RSPA'' and add ``BTS'' in its place.

Sec. 298.63 [Amended]

39. In Sec. 298.63(a), remove the term ``RSPA'' and add ``BTS'' in its place.

40. In Sec. 298.63(c), remove the term ``Manual of ADP Instructions, Outputs, Codes and Related Material'' and add ``Accounting and Reporting Directives'' in its place.

41. In Sec. 298.63(c), remove the term ``RSPA's Office of Airline Statistics'' and add ``BTS'' Office of Airline Information'' in its place.

Sec. 298.64 [Amended]

42. In Sec. 298.64(a), remove the term ``RSPA'' and add ``BTS'' in its place.

43. In Sec. 298.64(e), remove the term ``RSPA's Office of Airline Statistics'' and add ``BTS'' Office of Airline Information'' in its place.

Sec. 298.65 [Amended]

44. In Sec. 298.65(a), remove the term ``RSPA'' and add ``BTS'' in its place, and remove the term ``RSPA's Office of Airline Statistics'' and add ``BTS'' Office of Airline Information'' in its place.

45. In Sec. 298.65(b), remove the term ``Office of Airline Statistics'' and add ``Office of Airline Information'' in its place.

Sec. 298.66 [Amended]

46. In Sec. 298.66, remove the term ``Office of Airline Statistics'' and add ``Office of Airline Information'' in its place.

PART 374a--EXTENSION OF CREDIT BY AIRLINES TO FEDERAL POLITICAL CANDIDATES

47. The authority citation for part 374a is revised to read as follows:

Authority: 49 U.S.C. chapters 401, 411, 415, 417.

Sec. 374a.6 [Amended]

48. In Sec. 374a.6(a), remove the term ``Board'' and add ``Bureau of Transportation Statistics'' in its place.

49. In Sec. 374a.6(b)(2), remove the term ``Board's Bureau of Accounts and Statistics'' and add ``Office of Airline Information'' in its place.

50. In Sec. 374a.6(c), remove the term ``Board's Bureau of Accounts and Statistics'' and add ``Office of Airline Information'' in its place.

Sec. 374a.7 [Amended]

51. In Sec. 374a.7(b), remove the term ``Board'' and add ``DOT'' in its place.

PART 385--STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS

52. The authority citation for part 385 is revised to read as follows:

Authority: 49 U.S.C. chapters 401, 417.

Sec. 385.1 [Amended]

53. In Sec. 385.1 ``Reviewing Official'', remove the term ``the Administration of the Research, and Special Programs Administration'' and add ``the Director of the Bureau of Transportation Statistics'' in its place.

Sec. 385.2 [Amended]

54. In Sec. 385.2, remove the term ``Administrator, Research and Special Programs Administration (RSPA)'' and add ``Director, Bureau of Transportation Statistics (BTS)'' in its place.

Sec. 385.27 [Amended]

55. In the section heading for Sec. 385.27, remove the term ``Office of Aviation Information Management, Research and Special Programs Administration'' and add ``Office of Airline Information, Bureau of Transportation Statistics'' in its place.

56. In the introductory text to Sec. 385.27, remove the term ``Office of Aviation Information Management, Research and Special Programs Administration (RSPA)'' and add ``Office of Airline Information, Bureau of Transportation Statistics (BTS)'' in its place.

57. In Sec. 385.27(d), remove the term ``RSPA'' and add ``BTS'' in its place.

58. In Sec. 385.27(i), remove the term ``RSPA'' and add ``BTS'' in its place, and remove the term Administrator, RSPA'' and add ``Director, BTS'' in its place.

59. In Sec. 385.27(m), remove the term ``and with the policy set forth in Sec. 399.100 of this chapter''.

PART 399--STATEMENTS OF GENERAL POLICY

60. The authority citation for part 399 continues to read as follows:

Authority: 49 U.S.C. chapters 401, 411, 413, 415, 417, 419, 461.

Sec. 399.50 [Amended]

61. In Sec. 399.50, remove the term ``Board'' and add ``Bureau of Transportation Statistics'' in its place, and remove the term ``section 901(a) of the Act'' and add ``49 U.S.C. 46301'' in its place.

Sec. 399.51 [Amended]

62. In Sec. 399.51, remove the term ``Board'' and add ``Bureau of Transportation Statistics'' in its place.

Sec. 399.52 [Amended]

63. In Sec. 399.52, remove the term ``Board'' and add ``DOT'' in its place.

Sec. 399.100 [Removed]

64. Section 399.100 is removed.

Issued in Washington, DC, on December 19, 1995.

T.R. Lakshmanan,
Director, Bureau of Transportation Statistics.

[FR Doc. 95-31188 Filed 12-22-95; 8:45 am]

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