together with the committee's recommendation, to the Secretary of Transportation for his consideration.

§ 79.5 Award of Medals.

Upon approval by the Secretary of Transportation of the committee's recommendation in any case, the Secretary shall make the award of the medal in the name and on behalf of the President.

§ 79.6 Adoption and revision of designs.

The Secretary of Transportation is authorized to adopt and revise the existing designs for the medal, rosette, and ribbon provided for by the Act.

§ 79.7 Time limits for filing.

No application for a medal shall be considered unless it is filed within two years from the date of the occurrence of the incident upon which it is based.

PART 81-RECOMMENDATIONS TO THE PRESIDENT UNDER SECTION 801 OF THE FEDERAL AVIATION ACT OF 1958

Sec.

81.1 Purpose.

81.3 Applicability.

81.5 Submission of comments. 81.7 Docket.

AUTHORITY: Sec. 9, 80 Stat. 944, 49 U.S.C. 1657; E.O. 11920 (June 10, 1976, 41 FR 23665).

SOURCE: 41 FR 32594, Aug. 4, 1976, unless otherwise noted.

§ 81.1 Purpose.

The purpose of this part is to set forth procedures for the receipt by the Department of Transportation of comments from persons not employed by the Federal government on possible recommendations by the Department to the President on decisions of the Civil Aeronautics Board submitted for the President's approval under section 801 of the Federal Aviation Act of 1958, which relates to overseas and international air transportation.

§ 81.3 Applicability.

(a) This part applies to all communications between persons not employed by the Federal government and offi

cials or employees of the Department of Transportation on matters set forth in § 81.1 of this part.

(b) This part applies, with respect to any particular proceeding before the Civil Aeronautics Board, from the time that the Board's decision has been submitted to the President for consideration until the President has issued a final decision with respect to that proceeding.

§ 81.5 Submission of comments.

(a) All communications with Departmental officials or employees concerning a Presidential decision under section 801 of the Federal Aviation Act shall, whenever possible, be made in writing. Any such communication which is not made in writing shall be summarized by the official or employee of the Department who receives the communication.

(b) All such summaries and written communications except those relating to matters that are specifically authorized under criteria established by Executive Order to be kept secret in the interest of national defense or foreign policy are placed in a public docket and available for public inspection and copying, and responsive comment.

(a) All comments submitted under this part shall reference OST Docket No. 45 and, as a subdocket number, the number of the Civil Aeronautics Board docket relating to the proceeding which is the subject of the comment.

(b) The original and four copies of such comments may be mailed to the Docket Clerk, Office of The General Counsel, TGC, Department of Transportation, Washington, D.C. 20590, or delivered to the Docket Clerk in the Office of the Assistant General Counsel for Operations and Legal Counsel, room 10100 Nassif building, 400 Seventh Street SW., Washington, D.C., 9 am to 5:30 pm local time, Monday through Friday except Federal holidays. Written comments submitted to Department officials other than the Docket Clerk and summaries of oral communications prepared in accordance with § 81.5(a) of this part shall be

placed in the appropriate subdocket of OST Docket No. 45.

(c) All comments submitted under this part are available for public inspection and copying, and responsive comment, at the address and times specified in paragraph (b) of this section.

PART 89-IMPLEMENTATION OF FEDERAL CLAIMS COLLECTION ACT OF 1966

Sec.

89.1 Delegations of authority.

89.3 Exceptions to delegated authority. 89.5 Redelegation.

89.7 Standards for exercise of delegated authority.

89.9 Documentary evidence of compromise. 89.11 Regulations, reports and supporting documentation.

AUTHORITY: Secs. 2-3, 80 Stat. 308-309; 31 U.S.C. 951-953, unless otherwise noted.

SOURCE: 33 FR 5583, Apr. 10, 1968, unless otherwise noted.

§ 89.1 Delegations of authority.

The functions, powers, and duties of the Secretary of Transportation to attempt collection of claims, to compromise claims of the United States not exceeding $20,000, and to suspend and terminate action to collect such claims are delegated to—

(a) The Assistant Secretary for Administration with respect to claims arising out of the activities of, or referred to, the Office of the Secretary; and

(b) The head of each operating administration and the Chairman of the National Transportation Safety Board, each with respect to claims arising out of the activities of, or referred to, his organization.

[33 FR 5583, Apr. 10, 1968, as amended by Amdt. 89-1, 37 FR 16876, Aug. 22, 1972]

§ 89.3 Exceptions to delegated authority. The authority delegated under § 89.1 does not apply to any claim

(a) As to which there is an indication of (1) fraud; (2) the presentation of a false claim; or (3) misrepresentation on the part of the debtor or any other party having an interest in the claim;

(b) Based in whole or in part on conduct in violation of the antitrust laws;

(c) Based on tax statutes; or

(d) Arising from an exception made by the General Accounting Office in the account of an accountable officer. [33 FR 5583, Apr. 10, 1968, as amended by Amdt. 89-1, 37 FR 16876, Aug. 22, 1972]

§ 89.5 Redelegation.

Each officer to whom authority is delegated under § 89.1 may redelegate and authorize successive redelegations of that authority within the organization under his jurisdiction.

§ 89.7 Standards for exercise of delegated authority.

The authority delegated under § 89.1 shall be exercised in accordance with the standards for the collection and compromise of claims and for the suspension and termination of action to collect claims promulgated by the United States General Accounting Office and the United States Department of Justice, and published at 4 CFR Chapter II, as those standards may be amended.

§ 89.9 Documentary evidence of compromise.

A compromise of any claim is not final or binding on the United States unless it is in writing, signed by an officer or employee authorized to compromise that claim.

§ 89.11 Regulations, reports, and supporting documentation.

(a) Pending amendment of this part to further provide for the exercise of the authority delegated herein, each officer to whom authority is delegated under § 89.1 may promulgate regulations for the exercise of that authority within his organization. These regulations shall be revised, as necessary, to conform to any amendments to this part.

(b) Each officer to whom authority is delegated under § 89.1 shall furnish the following information to the Assistant Secretary for Administration:

(1) A copy of each redelegation of that authority.

(2) A semiannual report listing those claims compromised or with respect to which collection action has been suspended or terminated, specifying the

name of the debtors, the amount of the claim, the nature of the claim, the type of action taken, and the general basis for the action taken.

(3) A copy of any implementing regulations governing the exercise of the authority delegated herein, and any amendments thereto.

(c) Each officer or employee to whom the Secretary's authority has been delegated or redelegated, before exercising such authority, shall acquire sufficient documentation to demonstrate that the action taken is in the best interests of the United States. This documentation will be retained.

(d) The failure of any officer or employee to comply with this section does not limit or impair his exercise of authority.

[33 FR 5583, Apr. 10, 1968, as amended by Amdt. 89-1, 37 FR 16876, Aug. 22, 1972]

§ 91.3 Investigations.

The Assistant Secretary for Policy, Plans and International Affairs (Assistant Secretary), in coordination with the General Counsel and the Federal Aviation Administrator (Administrator), on complaint of any United States flag air carrier or on their own initiative, shall investigate (a) Instances of alleged excessive or otherwise discriminatory user charges or (b) discriminatory or unfair competitive practices to which United States flag air carriers are subjected by a foreign government or other foreign entity. Excessive or otherwise discriminatory charges include, but are not limited to, unreasonable landing fees, unreasonable monopoly ground handling fees and unreasonable air navigation charges. Discriminatory or unfair competitive practices include, but are not limited to, unreasonably differentiated fuel allocations, cargo, charter or currency restrictions and inferior monopoly ground handling services.

§ 91.5 Findings and recommendations.

(a) Upon finding that a foreign government or entity imposes excessive or otherwise discriminatory charges against United States flag air carriers or causes such carriers to be subjected to discriminatory or unfair competitive practices, the Assistant Secretary, in coordination with the General Counsel and the Administrator, shall determine the extent of the discrimination or unfair competitive practices.

(b) Where the matter involves excessive or otherwise discriminatory charges, the Assistant Secretary shall prepare a report and recommend that the Secretary promptly submit a report of the case to the Secretary of State and the Civil Aeronautics Board in accordance with Section 11 of the International Aviation Facilities Act, 49 U.S.C. 1159a.

(c) Where the matter involves discrimination or unfair competitive practices other than user charges, the Assistant Secretary shall prepare a report and recommend that the Secretary take such other action within the jurisdiction of the Department as is appropriate under the circumstances in accordance with 49 U.S.C. 1159b.

(d) If the Secretary determines, after review of the report and recommendations made under paragraph (b) of this section, that unreasonably excessive or otherwise discriminatory charges exist, the Secretary will submit a report on the matter to the Secretary of State and the Chairman of the Civil Aeronautics Board in accordance with 49 U.S.C. 1159a.

(e) If the Secretary determines, after review of the report and recommendations made under paragraph (c) of this section, that discriminatory or unfair competitive practices exist, the Secretary will commence all appropriate action within his jurisdiction in accordance with 49 U.S.C. 1159b.

(a) Upon indication by the Secretary of State that the excessive or otherwise discriminatory user charges have not been reduced or eliminated, the Secretary will direct the Assistant Secretary to compute the appropriate amount of compensatory charges.

(b) Upon approving the amount of compensatory charges computed under paragraph (a) of this section, the Secretary will notify the Secretary of State and the Secretary of the Treasury of his determination.

§ 91.9 Distribution of compensatory funds. (a) On or after January 1 and July 1 of each year, each United States flag air carrier which has been subjected to excessive or otherwise discriminatory charges for which compensatory charges have been collected shall, upon compliance with paragraph (c) of this section, be entitled to pro rata reimbursement for excessive or otherwise discriminatory charges incurred to date, not to exceed the amount of such charges actually paid by that carrier.

(b) The Secretary will publish in the FEDERAL REGISTER, at least 30 days before a United States flag air carrier becomes entitled to reimbursement, a notice setting forth the procedures to be followed in making claims for reimbursement. This notice will specify the form in which application shall be made and the specific items of proof, if any, to be submitted.

(c) On or after January 1 and July 1 of each year, each United States flag carrier claiming a right to reimbursement shall apply for such reimbursement in accordance with the FEDERAL REGISTER notice referred to in paragraph (b) of this section.

(d) The Assistant Secretary shall, on the basis of the application and such other data as may be available, compute the amount to which such carrier is entitled.

(e) Subject to the provisions of § 91.13(b), upon approving the computation made by the Assistant Secretary, the Secretary shall issue such certificate as will entitle each such carrier to payment from the account maintained by the Secretary of the Treasury for this purpose.

(a) To minimize the burden of implementing this part on the United States, on United States flag air carriers and on foreign air carriers, estimates and periodic adjustments will be used to determine the amount of discrimination and compensatory charges therefor.

(b) For the purpose of determining the amount of excessive or otherwise discriminatory charges imposed upon United States flag air carriers by an entity:

(1) A service or use of airport or airway property includes, but is not limited to, fueling, food service, ticketing, baggage handling, runways, ramps, parking areas, navigational aids, communications facilities or any other service necessary and incidental to the conduct of a flight.

(2) An excessive or otherwise discriminatory charge includes, but is not limited to, a charge substantially above the cost of providing a service or any charge for a service that is substantially inferior to that which the United States flag air carrier could have provided for itself, at the same cost, by contract or otherwise (see also § 91.3).

(c) In determining the amount of compensatory charge:

(1) The total amount of excessive or otherwise discriminatory charges

levied against United States flag air carriers will be estimated in dollars.

(2) The total volume of operations to the United States by air carriers of the nation concerned will be estimated for the succeeding six-month period.

(3) The total amount of excessive or otherwise discriminatory charges in paragraph (c)(1) of this section will be divided by the total volume of operations in paragraph (c)(2) of this section, and

(4) The quotient thus computed (which may be adjusted to reflect the type of aircraft) will constitute the compensatory charge to be collected as a condition to acceptance of the general declaration at the time of landing or takeoff of such air carriers of the nation concerned.

(a) Where, in his discretion, the Secretary finds that good cause has been shown, the Secretary may authorize a refund of collected compensatory charges. For purposes of this section, good cause includes, but is not limited to, an error of fact, a miscalculation, or a determination that an original conclusion of entitlement was insufficient, invalid, erroneous or invalidated by subsequent events.

(b) Notwithstanding the provisions of § 91.9(e) the Secretary may suspend for a reasonable time the issuance of a certificate of entitlement upon a showing by a payor of compensatory charges that there is a substantial likelihood that the payor will make a showing of good cause under § 91.13(a).

(c) Notwithstanding the provisions of paragraphs (a) and (b) of this section, the issuance of a certificate of entitlement under § 91.9(e) or the distribution to United States flag air carriers of funds collected under this part shall be with prejudice to any claim for refund under this section.

PART 93-AIRCRAFT ALLOCATION

Sec.

93.1 Issuance of aircraft allocations. 93.3 Reporting requirements.

§ 93.1 Issuance of aircraft allocations.

From time to time, the Director, Office of Emergency Transportation, issues planning orders allocating aircraft to the Department of Defense, identified by FAA registration number, for the Civil Reserve Air Fleet Program, or as a reserve fleet for use in certain contingencies in the Civil Reserve Air Fleet Program of the Department of Defense. The current listing of aircraft allocations may be obtained upon request from the Director, Office of Emergency Transportation, Department of Transportation, Washington, D.C. 20590.

(Sec. 9, 80 Stat. 944; 49 U.S.C. 1657) [32 FR 20778, Dec. 23, 1967, as amended by Amdt. 93-1, 33 FR 7821, May 29, 1968]

§ 93.3 Reporting requirements.

In the event any aircraft identified in the allocations in effect

(a) Is destroyed or suffers major damage the owner or operator, or both, shall give immediate notice thereof to the Director, Office of Emergency Transportation; or

(b) Is sold, leased, or otherwise transferred, the transferor or owner, or both, shall give immediate notice thereof to the Director, Office of Emergency Transportation, together with full information concerning the identity of the transferee, the date and place of transfer, and the terms and conditions of the transfer.

(Sec. 9, 80 Stat. 944, 49 U.S.C. 1657) [32 FR 20778, Dec. 23, 1967]

PART 95-ADVISORY COMMITTEES

Sec.

95.1 Applicability. 95.3 Definitions.

95.5 Use of advisory committees generally. 95.7 Industry advisory committees: Membership.

95.9 Meetings; other than industry advisory committees.

95.11 Meetings; industry advisory committees.

95.13 Antitrust laws.

95.15 Conflicts of interest statutes, orders, and regulations.

AUTHORITY: Sec. 9, 80 Stat. 944 (49 U.S.C. 1657), E.O. 11007, 3 CFR, 1959-1963 Comp., p. 573, unless otherwise noted.