Appendix A to Part 7 - Office of The Secretary

1. General. This appendix describes the location and hours of operation of the document inspection facility of the Office of the Secretary (OST); the kinds of records that are available for public inspection and copying at the facility; and the procedures by which members of the public may make requests for records.

2. Document Inspection Facilities. The document inspection facility for records of the Office of the Secretary other than those required to be filed in connection with docketed aviation economic matters is maintained by the Office of the General Counsel, suite 9421 of the Headquarters Building, located at 400 Seventh Street, SW., Washington, DC 20590. This facility is open to the public from 9 a.m. to 5 p.m. ET, Monday through Friday, except legal public holidays and other special closings. The document inspection facility for documents required to be filed in connection with docketed aviation economic matters is maintained by the Documentary Services Division, Office of the General Counsel, suite 4107 of the Headquarters Building. This facility is open to the public from 9 a.m. to 5 p.m. ET, Monday through Friday, except legal public holidays and other special closings.

3. Records available through the document inspection facilities. The following records are available through the document inspection facilities:

(a) Any material issued by the Office of the Secretary and published in the Federal Register, including regulations.

(b) Final opinions (including concurring or dissenting opinions) and orders made in the adjudication of cases and issued by the Office of the Secretary.

(c) Any policy or interpretation issued by the Office of the Secretary, including any policy or interpretation concerning a particular factual situation, if that policy or interpretation can reasonably be expected to have precedential value in any case involving a member of the public in a similar situation.

(d) Any administrative staff manual or instruction to staff, issued by the Office of the Secretary, that affects any member of the public, including the prescribing of any standard, procedure, or policy that, when implemented, requires or limits any action of any member of the public or prescribes the manner of performance of any activity by any member of the public.

(e) Formal pleadings filed in connection with docketed aviation economic proceedings, including applications, complaints, motions, petitions, answers, comments and replies.

(f) DOT Orders. DOT orders that are issued by the Department and used primarily to promulgate internal DOT policy, instructions, and general guidance.

(g) DOT Notices. DOT notices that are issued by the Department and contain short-term instructions or information that is scheduled to remain in effect for fewer than 90 days or for a predetermined period of time normally not to exceed one year.

(h) OST Orders. OST orders that are issued by the Office of the Secretary (OST) and used primarily to promulgate internal OST policy, instructions, and general guidance.

(i) OST Notices. OST notices that are issued by the Office of the Secretary and contain short-term instructions or information which is expected to remain in effect for fewer than 90 days or for a predetermined period of time normally not to excees one year.

4. Requests for records under subpart F of this part. Each person desiring to inspect an OST record, or to obtain a copy thereof, should submit a written request to the Associate General Counsel, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590. If it is unknown where in DOT the record(s) sought may be found, the request may be submitted to the Associate General Counsel, who will ensure the appropriate processing.

5. The official having authority to make determinations on requests, pursuant to the Freedom of Information Act, is limited to the Associate General Counsel or his or her designee.

6. Reconsideration of determinations not to disclose records and to deny fee waivers. Any person who has been notified that a record or part of a record that has been requested will not be disclosed or that a request for a fee waiver or reduction will not be granted, either in whole or in part, may appeal, in writing, to the General Counsel, U.S. Department of Transportation, for reconsideration of that determination. The decision of the General Counsel is administratively final.