[Federal Register: January 21, 1999 (Volume 64, Number 13)]
[Rules and Regulations]
[Page 3212-3213]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ja99-9]
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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those that are outdated or otherwise in need of reform.''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