[Federal Register Volume 64, Number 13 (Thursday, January 21, 1999)]
[Rules and Regulations]
[Pages 3212-3213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1276]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 212


Filing of Airline Codesharing Agreements and Statements of 
Authorization for Codesharing

AGENCY: Office of the Secretary, Department of Transportation.

ACTION: Final rule.

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SUMMARY: The Department is changing the location specified in 14 CFR 
Part 212 for the filing of applications for statements of authorization 
to operate codeshare services between U.S. and foreign air carriers, 
and between foreign air carriers, including the accompanying codeshare 
agreements between U.S. and foreign air carriers. These applications 
will now be filed with DOT Dockets, 400 7th Street, SW., Washington, DC 
20590-0002, instead of with the Office of International Aviation.

DATES: This regulation is effective on February 22, 1999.

FOR FURTHER INFORMATION CONTACT: Terri Bingham or George Wellington, 
Office of the Secretary, Office of International Aviation, X-40, 
Department of Transportation, 400 7th Street, SW., Washington, DC 
20590. Telephone: (202) 366-2390 or 366-2391.

SUPPLEMENTARY INFORMATION: The Department's regulations require that 
airlines file applications for statements of authorization to engage in 
defined ``long-term'' wet leases between U.S. and foreign air carriers, 
and between foreign air carriers. The rules (14 CFR 212.10) establish 
the detailed filing requirements for these applications. The Department 
has previously determined that codeshare services constitute a form of 
``wet lease'' applications, and that, therefore, codeshare applications 
should be considered under the same procedural and decisional rules 
applicable to wet-lease operations. The Department also requires that 
underlying codeshare agreements and other agreements, if any, accompany 
the application. These applications are now filed with the Director, 
Office of International Aviation. This office maintains its own 
``docket'' for these applications, which is available to the public for 
review in that Office.
    In his Regulatory Reinvention Initiative Memorandum of March 4, 
1995, President Clinton directed Federal agencies to conduct a page-by-
page review of all of their regulations and to ``eliminate or revise 
those that are outdated or otherwise in need of reform.'' In response 
to that directive, the Department has undertaken a review of its 
aviation economic regulations contained in 14 CFR Chapter II to 
determine whether changes should be made to promote economic growth, 
create jobs, or eliminate unnecessary costs or other burdens on the 
economy. Among the regulations reviewed are those governing the filing 
of these applications.
    When the rule about the filing location for wet leases was 
initially adopted, few codeshare applications were filed with the 
Department, and those that were filed resulted in generally limited 
public comments and few significant public interest issues. With the 
growing popularity of codeshare operations, the volume of applications 
has markedly increased, as has the number of comments received and the 
scope of the public interest issues presented. Indeed, with many of 
these applications, significant public interest issues are now likely 
to be faced by the Department, such as those relating to exclusivity 
arrangements between the applicant codeshare partners. These issues in 
turn have lengthened the review process involved, and resulted in more 
extensive public comment and interest. This change thereby has 
heightened the need for filing procedures that maximize transparency 
and public awareness. Public access to these codeshare filings in the 
Office of International Aviation is more difficult than if the filings 
had been made part of a public docket in DOT Dockets. Filings in DOT 
Dockets are also now easily available to public and staff on the 
internet and are saved in unalterable form electronically. We believe 
that the public interest would thus be better served if these filings 
were made to DOT Dockets and made part of a public docket. No other 
changes to the requirements for these filings are being made. Since 
this rule only involves a change of filing location, public comment on 
this rule would be impracticable, unnecessary, and contrary to the 
public interest.

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

[[Page 3213]]

DOT's Regulatory Policies and Procedures, 49 FR 11034 (1979), because 
it does not involve any change in important Departmental policies. 
Because the economic impact should be 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 it 
only changes the filing location.
    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 contain 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 applications for statements of authorization to 
operate codeshare services.

List of Subjects for 14 CFR Part 212

    Air Carriers, Charter flights, Reporting and recordkeeping 
requirements, Surety bonds.

    Accordingly, for the reasons set forth above, 14 CFR Part 212 is 
amended as follows:

PART 212--CHARTER RULES FOR U.S. AND FOREIGN DIRECT AIR CARRIERS

    1. The authority citation for part 212 continues to read as 
follows:

    Authority: 49 U.S.C. 40101, 40102, 40109, 40113, 41101, 41103, 
41504, 41702, 41708, 41712, 46101.

    2. Paragraph (a) of section 212.10 is amended by revising the third 
sentence, and paragraph (f)(1) of section 212.10 is amended by adding a 
new sentence after the first sentence to read as follows:


Sec. 212.10  Application for statement of authorization.

    (a) * * * Except for an application for a long-term wet lease 
involving a codeshare agreement, an original and two copies of an 
application shall be submitted to the Department of Transportation, 
Office of International Aviation, U.S. Air Carrier Licensing Division, 
X-44 (for an application by a certificated air carrier), or Foreign Air 
Carrier Licensing Division, X-45 (for an application by a foreign air 
carrier), 400 7th Street, SW., Washington, DC 20590; an original and 
two copies of an application for a long-term wet lease involving a 
codeshare agreement shall be submitted to DOT Dockets, PL-401, 400 7th 
Street, SW., Washington, DC 20590, or by electronic submission to DOT 
Dockets according to procedures at the DOT Dockets website. * * *
 * * * * *
    (f)(1) * * * Such information with respect to codeshare 
applications and responsive pleadings will be available for public 
inspection at DOT Dockets or at the DOT Dockets website. * * *
 * * * * *
    Issued in Washington, D.C. on January 12, 1999.
Charles A. Hunnicutt,
Assistant Secretary for Aviation and International Affairs.
[FR Doc. 99-1276 Filed 1-20-99; 8:45 am]
BILLING CODE 4910-13-P