[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.
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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.
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