[Federal Register Volume 64, Number 13 (Thursday, January 21, 1999)]
[Rules and Regulations]
[Pages 3211-3212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1275]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Part 201
Filing of Commuter Air Carrier Fitness Applications
AGENCY: Office of the Secretary, Department of Transportation.
ACTION: Final rule.
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SUMMARY: The Department is revising 14 CFR Part 201 by changing the
location within the Department for the filing of commuter air carrier
fitness applications. These applications will now be filed with
Department of Transportation Dockets, 400 7th Street, SW., Washington,
DC 20590-0002, instead of with the Air Carrier Fitness Division of the
Office of Aviation Analysis.
DATES: This regulation is effective on February 22, 1999.
FOR FURTHER INFORMATION CONTACT: Patricia L. Thomas, Chief, Air Carrier
Fitness Division, Department of Transportation, 400 7th Street, SW.,
Washington, DC 20590. Telephone: (202) 366-9721.
SUPPLEMENTARY INFORMATION: The Department's regulations require that
commuter air carriers must file applications for a determination of
initial fitness before receiving authority to operate. These
applications are now filed with the Air Carrier Fitness Division in the
Office of the Secretary. This office now maintains its own ``docket''
for these applications, which is available to the public.
When the decision about the filing location for commuter
applications was initially adopted, processing of such applications,
including maintaining a ``docket'' for such filings, was done by the
analysts handling each application. However, over time, the workload of
maintaining the public record of such cases has become more burdensome
to the staff and less convenient to the public. Recently, the
Department has consolidated all of the docket offices for all of its
modes into one central location and has automated the process of
maintaining the public dockets. Filings in DOT Dockets are now easily
available to the public and staff on the Internet and are saved in
unalterable form electronically, whereas public access to commuter
filings in the Air Carrier Fitness Division is more difficult because
of the physical location of that office within the Department's
building and because such filings are only available in hard copy form.
Thus, we believe that the public interest would be better served if
commuter applications were filed with DOT Dockets and made part of a
public docket. Applicants for commuter authority will continue to file
an original and two copies of their applications and supporting
information. As is the case now, commuter registration forms and
amendments (OST Form 4507) and evidence of insurance coverage (OST Form
6410) will be filed directly with the Air Carrier Fitness Division.
Commuter applicants seeking confidential treatment of specific
documents submitted as part of their applications should follow the
procedures in 14 CFR 302.39. Information granted confidential treatment
by the Department is not scanned into the automated system and is not
available to the public, except as may be determined by the Department
under the procedures in Rule 39.
Analysis of Regulatory Impacts
This rule is not a ``significant regulatory action'' within the
meaning of Executive Order 12866. It is also not significant within the
definition in DOT's Regulatory Policies and Procedures, 49 FR 11034
(1979), in part because it does not involve any change in important
Departmental policies. Because the economic impact should be
[[Page 3212]]
minimal, further regulatory evaluation is not necessary.
Moreover, I certify that this rule will not have a significant
economic impact on a substantial number of small entities, since the
rule only changes the filing location. Because of the very limited
procedural effect of this rule, notice and comment on this rulemaking
is unnecessary.
This rule does not significantly affect the environment, and
therefore an environmental impact statement is not required under the
National Environmental Policy Act of 1969. It has also been reviewed
under Executive Order 12612, Federalism, and it has been determined
that it does not have sufficient implications for federalism to warrant
preparation of a Federalism Assessment. This rule does not impose any
unfunded mandates as defined by the Unfunded Mandates Reform Act of
1995. Finally, this rule does not impose any collection of information
requirements requiring review under the Paperwork Reduction Act of
1995.
This rule is not subject to Congressional review provisions of 5
U.S.C. 801(a)(1) because it is limited to a change in agency procedure
and practice and does not substantially affect the rights or
obligations of non-agency parties. This rule only addresses the
location for filing commuter air carrier fitness applications.
List of Subjects in 14 CFR Part 201
Air carriers, Reporting and recordkeeping requirements.
Accordingly, for the reasons set forth above, 14 CFR Part 201 is
amended as follows:
PART 201--AIR CARRIER AUTHORITY UNDER SUBTITLE VII OF TITLE 49 OF
THE UNITED STATES
1. The authority citation for part 201 continues to read as
follows:
Authority: 5 U.S.C. 1008; 49 U.S.C. Chapters 401, 411, 413, 415,
417.
2. Paragraph (b) of section 201.1 is amended by revising the last
sentence to read as follows:
Sec. 201.1. Formal requirements.
* * * * *
(b) * * * An executed original plus two (2) true copies of the
fitness data shall be filed with DOT Dockets, PL-401, 400 7th Street,
SW., Washington, DC 20590-0002. Requests for confidential treatment of
documents should be filed in accordance with the requirements of part
302 of this chapter.
Issued in Washington, DC on January 12, 1999.
Charles A. Hunnicutt,
Assistant Secretary for Aviation and International Affairs.
[FR Doc. 99-1275 Filed 1-20-99; 8:45 am]
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