[Federal Register Volume 67, Number 87 (Monday, May 6, 2002)]
[Rules and Regulations]
[Pages 30324-30325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11049]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 300

[Docket No. OST-2002-12200]
RIN 2105-AD10


Reporting Prohibited Communications

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

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SUMMARY: The Department is amending a provision regarding aviation 
economic rules in order to eliminate an obsolete provision.

EFFECTIVE DATE: Rule shall become effective on May 6, 2002.

FOR FURTHER INFORMATION CONTACT: Colleen Hanley, Attorney-Advisor, 
Department of Transportation, 400 Seventh Street, SW., Washington, DC 
20590, (202) 366-2509, [email protected]. Office hours are 
from 8 a.m. to 5:30 p.m., Monday through Friday, except Federal 
holidays.

SUPPLEMENTARY INFORMATION: One of our aviation economic regulations 
requires minor changes to eliminate an obsolete provision in light of 
the Department's

[[Page 30325]]

transition to an electronic docket system. Specifically, this document 
amends a rule of conduct in aviation economic adjudicatory proceedings 
regarding the method of filing prohibited communications or 
correspondence. The revision recognizes that prohibited communications 
in docketed cases are made available to the public through the 
Department's Internet-based Docket Management System (``DMS'').
    The substance of Sec. 300.3 deals with reporting of prohibited 
communications, and does not reflect procedures currently in place. 
This section was enacted prior to the Department's use of an electronic 
docket. The web-based Docket Management System, now currently utilized, 
provides a searchable and downloadable database on which all public 
communications with the DOT are posted under their current docket 
number. DMS is searchable by date, docket number, terms, party name(s), 
or document type, providing a much more efficient means of locating 
information pertaining to any such communications referred to in 
Secs. 300.3 (b)(1)-(2). Once the corresponding docket number is 
located, a viewable and downloadable listing of all filings, pleadings, 
orders, and correspondence will be accessible to the user. Other 
sections within Sec. 300.3 will be amended to be consistent with these 
changes.
    Under the Administrative Procedure Act (5 U.S.C. 553), the 
Department determines that notice and an opportunity for public comment 
are impracticable, unnecessary, and contrary to the public interest. 
The amendments made in this document are ministerial, removing obsolete 
and redundant material or making minor technical and terminology 
changes. These changes will have no substantive impact, and the 
Department would not anticipate receiving meaningful comments on them. 
Comment is therefore unnecessary, and it would be contrary to the 
public interest to delay unnecessarily this effort to eliminate or 
revise outdated rules.
    An electronic copy of this document may be downloaded from the 
Internet using the universal resource locator (URL): http://dms.dot.gov. It is available 24 hours each day, 365 days each year. 
Please follow the instructions online for more information and help.

Regulatory Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    This final rule is not considered a significant regulatory action 
under section 3(f) of Executive Order 12866 and, therefore, was not 
reviewed by the Office of Management and Budget. This rule is not 
considered significant under the Regulatory Policies and Procedures of 
the Department of Transportation (44 FR 11034). Because of the minimal 
economic impact of this rule, preparation of a regulatory impact 
analysis or a regulatory evaluation is not warranted.

Executive Order 13132 (Federalism Assessment)

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). This 
final rule does not adopt any regulation that has substantial direct 
effect on States, the relationship between the national government and 
the States, or the distribution of power and responsibilities among the 
various levels of government. Therefore, the consultation and funding 
requirements of Executive Order 131232 do not apply.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601, et seq.) requires an 
agency to review regulations to assess their impact on small entities 
unless the agency determines that a rule is not expected to have a 
significant impact on a substantial number of small entities. The 
Regulatory Flexibility Act applies only to final rules that are 
preceded by notices of proposed rulemaking. Because this amendment was 
not preceded by an NPRM, no assessment is required.

Paperwork Reduction Act

    This final rule does not impose any new information collection 
burdens.

Regulation Identifier (RIN)

    A regulation identifier (RIN) is assigned to each regulatory action 
listed in the Unified Agenda of Federal Regulations. The Regulatory 
Information Service Center publishes the Unified Agenda in April and 
October of each year. The RIN contained in the heading of this document 
can be used to cross-reference this action with the Unified Agenda.

Unfunded Mandates Reform Act

    This final rule imposes no mandates and, thus, does not impose 
unfounded mandates under the Unfunded Mandates Reform Act of 1995.

National Environmental Policy Act

    The Department has analyzed this action for the purpose of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and had 
determined that this action will not have any effect on the quality of 
the environment.

Final Rule

    For the reasons set out in the preamble, Title 14, Chapter II of 
the Code of Federal Regulations is amended to read as follows:

List of Subjects in 14 CFR Part 300

    Administrative practice and procedure, Prohibited communications, 
Conflict of interests, Reporting and recordkeeping requirements.

PART 300--[Amended]

    1. The authority for part 300 continues to read as follows:

    Authority: 49 U.S.C. subtitle I and chapters 401, 411, 413, 415, 
417, 419, 421, 449, 461, 463, 465.

    2. In Sec. 300.3, in paragraph (b)(1), remove the words ``put into 
the correspondence or other appropriate file of the proceeding'' and 
add, in their place, the words ``placed onto the electronic docket 
management system (DMS) in the file of the docket number corresponding 
to the proceeding'' and remove the words ``the Documentary Services 
Division'' and add, in their place, the words ``Office of Docket 
Operations and Media Management''; revise paragraph (b)(3) to read as 
set forth below; and in paragraph (c)(1), remove the words ``the 
Documentary Services Division'' and add, in their place, the words 
``Office of Docket Operations and Media Management''.
    The revised text reads as follows:


Sec. 300.3  Reporting of communications.

* * * * *
    (b) * * *
    (3) Electronic copies of written communications and oral summaries 
shall be posted to the DOT's electronic docket. Such docketed materials 
may be searched, viewed, and downloaded through the Internet at http://dms.dot.gov.
* * * * *

    Issued in Washington, DC, on April 25, 2002.
Read Van de Water,
Assistant Secretary for Aviation and International Affairs.
[FR Doc. 02-11049 Filed 5-3-02; 8:45 am]
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