[Federal Register Volume 64, Number 47 (Thursday, March 11, 1999)]
[Rules and Regulations]
[Pages 12084-12085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5972]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Part 204
RIN 2105-AC46
Procedures and Evidence Rules for Air Carrier Authority
Application; Correction
AGENCY: Office of the Secretary, Department of Transportation.
ACTION: Correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This purpose of this rulemaking is to correct Sec. 204.2 of
Title 14 of the Code of Federal Regulations (14 CFR 204.2), which
contains definitions of terms used in 14 CFR part 204--Data to Support
Fitness Determinations.
EFFECTIVE DATE: March 11, 1999.
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:
Background
By Final Rule published in the Federal Register on August 27, 1992
(57 FR 38761), the Department updated certain of its aviation
regulations, including 14 CFR 204.2, which contains definitions of
certain terms used throughout part 204. It did not come to our
attention until substantially later that a material part of the amended
definition of Relevant corporations (Sec. 204.2(k)) had been omitted.
Specifically, subparagraph (2) of Sec. 204.2(k) omits the words
``and which has significant influence over the applicant or air
carrier'', which should appear before the words ``as indicated, for
example, by 25 percent representation on the board of directors, * *
*'' The omitted phrase had been included in the definition in past
editions of the CFR (see, e.g., the CFR revised as of January 1, 1988)
and had been included in the Notice of Proposed Rulemaking published on
June 17, 1991 (56 FR 27696), and in the Final Rule as issued by the
Department on August 20, 1992, and forwarded to the Federal Register
for publication. By inadvertence, this phrase was omitted when the
Final Rule was published in the Federal Register.
By this rulemaking, the inadvertent error contained in
Sec. 204.2(k)(2) is being corrected. Normally, the Federal Register
publishes its own corrections for printing errors. However, since so
much time elapsed before discovery of the error, the Federal Register
asked the Department to produce this document. The correction puts into
place the rule language as issued by the Department in 1992. Therefore,
we did not include any discussion of regulatory process matters.
Need for Correction
As published, 14 CFR 204.2(k) contains an error which may prove to
be misleading and is in need of correction.
[[Page 12085]]
List of Subjects in 14 CFR part 204
Air carriers, Reporting and recordkeeping requirements.
Correcting Amendment
For the reasons set out in the preamble, Title 14, Chapter II of
the Code of Federal Regulations is corrected by making the following
correcting amendment:
PART 204--DATA TO SUPPORT FITNESS DETERMINATIONS
1. The authority citation for part 204 continues to read as
follows:
Authority: 49 U.S.C. Chapters 401, 411, 417.
Sec. 204.2 [Corrected]
2. In Sec. 204.2, paragraph (k)(2) is revised to read as follows:
* * * * *
(k) * * *
(2) Any company (including a sole proprietorship or partnership)
holding between 20 percent and 50 percent of the outstanding voting
stock of the applicant or air carrier and which has significant
influence over the applicant or air carrier as indicated, for example,
by 25 percent representation on the board of directors, participation
in policy-making processes, substantial inter-company transactions, or
managerial personnel with common responsibilities in both companies.
* * * * *
Dated: March 5, 1999.
Patrick V. Murphy,
Deputy Assistant Secretary for Aviation and International Affairs.
[FR Doc. 99-5972 Filed 3-10-99; 8:45 am]
BILLING CODE 4910-62-P
