[Federal Register: September 15, 2008 (Volume 73, Number 179)]
[Rules and Regulations]
[Page 53114-53115]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15se08-3]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Part 382
[Docket No. DOT-OST-2008-0272 and DOT-OST-2008-0273]
Nondiscrimination on the Basis of Disability in Air Travel
AGENCY: Department of Transportation, Office of the Secretary.
ACTION: Notice of availability of electronic submission.
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SUMMARY: The Department of Transportation is publishing the following
document regarding the provisions on conflict of laws and equivalent
alternative determinations contained in the Office of the Secretary
(OST) final rule on ``Nondiscrimination on the Basis of Disability in
Air Travel'' (73 FR 27614; May 13, 2008). The document announces the
availability of electronic submissions for conflict of law waiver
requests and applications for equivalent alternative determinations
through the Federal Docket Management System (FDMS). It also provides
guidance to U.S. and foreign air carriers on how to submit such
requests and applications through FDMS.
DATES: This document is effective on September 15, 2008.
FOR FURTHER INFORMATION CONTACT: Blane A. Workie, Chief, Aviation Civil
Rights Compliance Branch, Office of the Assistant General Counsel for
Aviation Enforcement and Proceedings, Department of Transportation,
1200 New Jersey Avenue, SE., Room W98-310, Washington, DC 20590, (202)
366-9342.
SUPPLEMENTARY INFORMATION: On May 13, 2008, the Department of
Transportation published a final rule amending its Air Carrier Access
Act (ACAA) rules to apply to foreign air carriers and adding new
provisions concerning passengers who use medical oxygen and passengers
who are deaf or hard-of-hearing. The rule, which applies to U.S.
carriers wherever their operations take place and foreign air carriers
with respect to their flights that begin or end at a U.S. airport,
allows carriers to apply to the Department of Transportation (DOT or
Department) for a waiver from the requirements in the rule if a foreign
legal requirement conflicts with a given provision of this rule. A
carrier that submits a conflict of law waiver request on or before
September 10, 2008, obtains a commitment from DOT not to take
enforcement action related to the allegedly conflicting foreign law
pending DOT's response to the waiver request.
The rule also permits U.S. and foreign carriers to apply to the
Department for a determination on what the final rule calls an
``equivalent alternative.'' A carrier that submits an application for
an equivalent alternative determination on or before September 10,
2008, can implement its proposed equivalent alternative unless and
until the Department disapproves it. However, a carrier that submits
such an application after September 10, 2008, cannot use its proposed
equivalent alternative unless and until the Department approves it.
The rule specifies that carriers must send conflict of law waiver
requests or applications for equivalent alternative determinations to
the Assistant General Counsel for Aviation Enforcement and Proceedings.
It provides the following address for paper submissions of such
requests/applications: Assistant General Counsel for Aviation
Enforcement and Proceedings, C-70, U.S. Department of Transportation,
1200 New Jersey Avenue, SE., Room W96-322, Washington, DC 20590. It
does not provide a mechanism for submitting the information
electronically. The purpose of this notice is to inform airlines that
they have the option of electronically submitting a conflict of law
waiver request or an application for an equivalent alternative
determination through FDMS as a substitute for paper submission. The
Department believes that allowing carriers to submit the requested
information through FDMS will make the process more efficient for
carriers and will best ensure the timely receipt by the Office of the
Assistant General Counsel for Aviation Enforcement and Proceedings
(Aviation Enforcement Office) of the waiver requests and applications
for equivalent alternative determinations. It should be noted that the
filing of waiver requests or applications by mail is still permitted
but this notice provides another mechanism for submitting such
requests/applications.
Manner of Submitting a Conflict of Law Waiver Request and an
Application for Equivalent Alternative Determination
Has a Public Docket Been Established?
DOT has established an official public docket for conflict of law
waiver requests under docket identification (ID) number DOT-OST-2008-
0272 and for applications for equivalent alternative determinations
under docket identification ID DOT-OST-2008-0273. The official public
docket will consist of the waiver requests or applications and other
information related to those actions (e.g., approval or denial of
requests/applications). Although a part of the official docket, the
public docket is not intended to include Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. The official public docket is the collection of materials
that is available for public viewing.
How Do I Submit a Conflict of Law Waiver Request or an Application for
Equivalent Alternative Determination Through the Electronic Public
Docket in FDMS?
You may submit requests/applications electronically through FDMS by
taking the following steps:
a. Go directly to www.regulations.gov <http://www.regulations.gov/
and use the SEARCH DOCUMENTS field to input your docket
number. Click the GO >> command to see your search results.
b. Click on the ``Send a Comment or Submission'' link (the yellow
speech bubble should be available) after insuring that you have the
correct docket. This can be verified by checking the DOCKET ID
information.
c. You will now be sent to the PUBLIC COMMENT AND SUBMISSION FORM;
here you will fill out submitter information, as well as attach any
documents you wish to upload (note: you can have multiple submissions
attached, the size limit is 10 megabytes). The only required field on
this form is the GENERAL COMMENTS BOX. If uploading attachments you
would first click ``browse'' to find the file you wish to attach, then
click ``add attachment'' to attach the file to your comment.
d. After uploading any attachments and filling in the form, you
will click the ``NEXT STEP'' button to go to the REVIEW COMMENT page;
here you can double check the information you provided and verify that
everything is correct before going to the final step.
e. Once you have clicked the SUBMIT button, you will be taken to
the COMMENT SUBMITTED page, and given a receipt with a COMMENT TRACKING
NUMBER. You will want to
[[Page 53115]]
write this down or print the page for your records. This information
can be used to track your submission.
To ensure proper receipt by the Department, identify the appropriate
docket ID number in the subject line on the first page of your request
or application.
How Should I Submit Confidential Business Information (CBI) to the
Agency?
You should not submit information that you consider to be CBI
through the electronic public docket in FDMS. If you wish to take
advantage of the opportunity to electronically submit a conflict of law
waiver request or an application for an equivalent alternative
determination but a portion of your request or application contains
CBI, then you should send by mail to the Aviation Enforcement Office
the original document containing CBI and submit a second copy of the
original document with the CBI redacted in FDMS. The date that you
submit the document to FDMS will be considered the receipt date.
The original document that you mail to the Aviation Enforcement
Office should clearly indicate which material you believe contains
confidential information. You can do this by marking ``confidential''
on each page of the original document that you would like to keep
confidential and highlighting or underlining the CBI. You will also
need to explain why the information is confidential (as a trade secret,
other confidential commercial information, or sensitive security
information (SSI)). In your explanation, you should provide enough
information to enable the Department to determine whether the
information provided is protected by law and must be handled
separately. Information not marked as CBI will be included in FDMS
without prior notice. Also, if you do not provide an explanation of why
the information is confidential you risk the Department including it in
the public docket. The Department will also place in the public docket
those portions of submissions that a carrier may have redacted but that
the agency determines are not trade secrets, other confidential
commercial information, or SSI. DOT's policy is that waiver requests or
applications for equivalent alternative determinations will be made
available for public viewing in DOT's electronic public docket (i.e.,
FDMS) as DOT receives them and without change, unless the request or
application contains copyrighted material, CBI, or other information
whose disclosure is restricted by statute.
Dated: September 8, 2008.
Samuel Podberesky,
Assistant General Counsel for Aviation Enforcement and Proceedings,
U.S. Department of Transportation.
[FR Doc. E8-21204 Filed 9-12-08; 8:45 am]
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