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<br />10816
<br />
<br />protective action. either automatic or
<br />manual. will correct the abnormal situ-
<br />ation before a safety limit is exceeded.
<br />If. during operation, the automatic alarm
<br />or protective devices do not function as
<br />required. the licensee shall take appro-
<br />prIate action to maintain the variables
<br />within the limiting control-setting values
<br />and to repair promptly the automatic
<br />devices or to shut down the affected part
<br />of the process and if required. to shut
<br />down the entire process for repair of
<br />automatic devices. The licensee shall re-
<br />view the matter and record the results
<br />. of the review, including the cause'of the
<br />condItion and the basis for corrective
<br />action taken to preclude reoccurrence.
<br />(2) Limitino conditions JOT opera-
<br />tian.-Limiting conditions lor operation
<br />are the lowest functional capabU1ty or
<br />performance levels of eqUipment re-
<br />quired for safe operation of the facility.
<br />When a llmiting condition for operation
<br />of a nuclear reactor is not met, the li-
<br />censee shall shut down the reactor or
<br />follow any remedial action permitted by
<br />the technical speciflcation until the con-
<br />dition can be met, When a l1miting con-
<br />dition for operation of any process step
<br />in the sYstem of a fuel reprocessing plant
<br />is not met, the licensee shall shut down
<br />that part of the operation or foIlow any
<br />remedial action permitted by the tech-
<br />nicalspecificatlon Wltll the condition can
<br />be met. In the case of either a nuclear
<br />reactor or a fuel reprocessing plant, the
<br />licensee shall notify the Commission, re-
<br />view the matter and record the results
<br />of the review, Including the cause of the
<br />condition and the basis for corrective
<br />action taken to preclude reoccurrence.
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<br />(Sec, 161, 68 Stat. 948,42 U.8.C. 2201.)
<br />Dated at Germantown, Md., this 24th
<br />day of April 1973.
<br />For the Atomic Energy Commission.
<br />GORDON M. GRANT,
<br />Acting Secretary oj the Commission.
<br />1FR Doc.73-8531 FlIed 5-1-73;8:45 ami
<br />
<br />CIVIL AERONAUTICS BOARD
<br />[14 CFR Parts 207. 208, 212]
<br />(Docket No. 254.73; EDR-245J
<br />DIRECT AIR CARRIERS
<br />Proposed Authority to Charter Aircraft to
<br />Foreign Air Freight Forwarders
<br />Notice is hereby given that the Clvll
<br />Aeronautics Board has under considera-
<br />tion modification of parts 207,1 208,' and
<br />212' of the Board's Economic Regula-
<br />tions 04 CFR parts 207, 208, 212) so as
<br />to authorize certificated route air car-
<br />riers, supplemental air carriers, and for-
<br />eign route air carriers, respectively, to
<br />charter aircraft to foreign air freight for-
<br />
<br />1 Charter trips &Ild special services 01 cer~
<br />tiflcated route aIr carrIers.
<br />3 TerIllB, conditions, and l1mltatlol1s 01 eer-
<br />tUl:cates of supplementeJ air carrlers.
<br />, Charter trips by foreign route atr carrIers.
<br />
<br />warders. The principal features of the riers specifically include foreign air
<br />proposed rule Bre set forth in the at- freight forwarders among the list of
<br />tached explanatory statement and pro- eligible charterers, it is not clear from
<br />posed rule. The amendment is proposed the text of the Board's opinion in its
<br />under the authority of sections 101 (33), order underlying the rule 7 whether such
<br />204(8), 401, 402, and 416 of the Federal - authority Is limited to inbound opera-
<br />Aviation Act of 1958, as amended, 72 tions, or whether it extends to outbound
<br />Stat. 737 (as amended by 75 Stat. 467, operations as well. 8 On the other hand,
<br />76 Stat. 143, 82 Stat. 867, 84 stat, 921), the authority of foreign charter carriers
<br />743, 754, 757, 771; 49 U.S.C. 1301, 1324, to charter to any kind of air freight for-
<br />1371,1372,1386. warder, United States or foreign, is gov-
<br />Interested persons may participate in erned by the terms of the particular
<br />the proposed rulemaking through sub- chatter carrier's permit. Q
<br />mission of 12 copies of written data, The absence in our rules of a general
<br />views, or argwnents pertaining thereto, aut.horizatlon to direct air carriers,
<br />addressed to the Docket Section, Civil Urnted States and foreign, to charter air-
<br />Aeronautics Board, Washington, D.C. craH to foreign air freight forwarders,
<br />20438. All relevant material in commun1- does not appear to reflect a del1berate
<br />cations received on or before June .1, Board policy but, rather, stems princi~
<br />1973, wlll be considered before taking pally from the fact that at the time when
<br />final action on the proposed rule. Copies our various charter rules were being de~
<br />of such communications wlll be avail- veloped, there were no foreign air freight
<br />able for examination by Interested per- forwarders operating under Board per-
<br />sons in the Docket Section of the Board, mits.10
<br />room 712, Universal Building, 1825 Con- In view of the increasing nwnber of
<br />necticut Avenue NW., Washington, D.C. foreign indirect air carriers which have
<br />upon receipt thereof. been receiving authority from the Board
<br />Dated A rn 26 197"3 to engage generally in indirect air trans-
<br />p , . portatlan which is au tbound from the
<br />By the Civil Aeronautics Board. United States and to charter aircraft
<br />[SEAL] EDWIN Z. HOLLAND from direct air earners, In particular,
<br />S T t ' we have tentativelY concluded that the
<br />ec e aTJI. charter rules governing the direct air car-
<br />EXPLANATORY STATEM.EN'l' riers. (other than foreign charter car-
<br />A number of Board orders granting rie~s) u shoul~ be amended 50 as to make
<br />permits to foreign Indirect air carriers of their authonty ~ c~arter to 5UCJ;1 for-
<br />property (foreign air freight forwarders) . warders correlative WIth t~e latter s sec-
<br />under section 402 of the act. include a tion 402 permit chartermg authority,
<br />provision which has the eff~ct of auth- Moreover, since the Board has declined
<br />orizing the foreign air freight forwarder to exercise jurisdiction with respec't to
<br />to charter aircraft from any direct air inbound charters of foreign air freight
<br />carrier, United States or foreign, having forwarders,U: we also propose to amend
<br />authodt~ "to opera~ cargo charter tr.ips the Board's charter rules governing these
<br />and speCIal services In overseas or foreIgn
<br />air transportation." I; Yet. despite Board
<br />orders clearly granting foreign air freight
<br />forwarders broad authority to charter
<br />aircraft from direct air earners, the
<br />correlative authority of direct air
<br />carriers to charter to such forwarders
<br />is not equally clear or broad. Thus,
<br />the charter rules governing U.S.
<br />scheduled and supplemental carriers do
<br />not Include foreign air freight forwarders
<br />among the, classes of eligible charterers
<br />specified therein,. SimilarlY, while the
<br />charter rules governing foreign route car-
<br />
<br />PROPOSED RULES
<br />
<br />.72 Stat. 767, 49 u.s.a. 1372.
<br />. The quoted language is from ,297.22 of
<br />the Board's economic regUlations (14 CFR
<br />297_22), govern1ng international air freight
<br />forwarders, which 18 1ncorporated by refer-
<br />ence In the order granting the foreign air
<br />freIght forwarder's permit. See, for example,
<br />order 72-7-86, adopted June 21. 1972, ap-
<br />proved by the President on July 24, 1972.
<br />Paragra.ph 3(a) of this order states that the
<br />permIt Is subject to the provtslons of , 297.22
<br />and other specified sectIons of pt. 297 "as now
<br />or hereafter amended." It should thus be
<br />noted that any future change In the provi-
<br />sIons of ! 297.22 would also b& automatically
<br />1ncorporart:ed Into the foreign air freight for-
<br />warder's authorization.
<br />.Se() !it 207.11 and 208.6, respectl\'ely, of the
<br />Boe.rd's economIc regulatlonts (14 CFR 207.11
<br />and 208.6),
<br />
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<br />
<br />"
<br />
<br />7 ForeIgn Off-route Charter Service, 27 CAB
<br />196, 203-204.
<br />8 Sectlon 212.8(a) (3) of the Board's eco-
<br />nomic regulatlollB (14 CFR 212.8(a.) (3)). See
<br />eJso InternationAl A1rt'relght Forwarder In-
<br />vestIgation, 27 CAB 658, 720-722.
<br />8 At the present time, the section 402 per-
<br />mits of all foreign charter (larrlers authorized
<br />to perform transatlantic air transportatIon
<br />Include a condition which totally precludes
<br />them from chartering to any air freight for-
<br />warders, UnIted States or foreign. Also, Cana-
<br />dian charter carriers may charter to aIr
<br />freight forwarders only with prIor Board ap-
<br />proval. TIle permit of Aeromar, 8. DomJllJ~
<br />roD cargo charter operator, authorizes this
<br />charter carrier to charter to U.S. Interna-
<br />tIonal air freight forwarders.
<br />10 TIle Board's past fallure to considcr
<br />changes In Its charter rules on this subject
<br />has also been reflective of either a lack of
<br />1nterest on the part of direct air carrIers
<br />In obtaining clarlflcatlon of their authority.
<br />or pOSSiblY even a ls.ck of awareness on their
<br />part tha.t their authority Is doubtful.
<br />U The aut.horJty of foreign charter carrIers
<br />to charter aircraft to foreign air freight for-
<br />warders would continue to be governed by
<br />the terms of their pa.rticul(U' permits. Thus,
<br />we do not propose to amend pt. 214 of the
<br />economic regulations, which sets torth the
<br />terms and conditIons for operations of for-
<br />eign charter carriers.
<br />U Foreign Off-route Charter Berv.lce, 27
<br />C.A.B. 196. 203-204.
<br />
<br />FEDERAL REGISTER, VOL. 38, NO. 84-WEDNESDAY, MAY 2, 1973
<br />
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