[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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