[Federal Register: January 21, 1999 (Volume 64, Number 13)] [Rules and Regulations] [Page 3211-3212] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr21ja99-8] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 4910-62-P