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OST-97-2090

Rules of Practice in Proceedings

The Department is finalizing, with certain exceptions, a Notice of Proposed Rulemaking (NPRM) (62 FR 5094, Feb. 3, 1997) to revise 14 CFR part 302 in order to eliminate unnecessary verbiage and obsolete provisions and to make technical changes to make the rules current. The final rule also includes certain changes implementing the electronic filing component of the Department's Docket Management System (DMS). All reserved subparts are being removed, and the remaining subparts are being reorganized and renumbered to make their arrangement more logical and to emphasize procedures applicable to the much more commonly used written (as opposed to oral) proceedings. The rulemaking also adds procedures for slot exemptions at high-density airports. The NPRM proposed a number of changes in the time periods for filing responsive documents in licensing cases, which we are adopting. A number of commenter proposed further changes to the filing periods. Based on these comments, we have decided to re-evaluate all of the prescribed time periods in part 302 and will issue a supplemental notice of proposed rulemaking on this matter. In addition, as noted in the preamble to the NPRM, we are also amending those rules in 14 CFR Chapter II containing now incorrect references to specific sections in part 302. Finally, one provision in part 302 is being relocated to part 300, Rules of Conduct in DOT Proceedings Under This Chapter. The rule shall become effective on March 10, 2000. 

By:  Patricia Thomas

Rules of Practice in Proceedings

Correction In rule document 00-2554 beginning on page 6446 in the issue of Wednesday, February 9, 2000 make the following correction: 302.304 (corrected) 1. 1. On page 6475, second column s 302.304, paragraphs (b)(20(i), (ii), and (iii) were erroneously deleted. They are being correctly added to read as follows: s302.304 Service of documents. ***** (b)*** (2) Applicants for scheduled foreign air transportation authority shall serve: (i) All U.S. air carriers (including commuter air carriers) that published schedules in the Official Airline Guide or in the Air Cargo Guide for the country-pair market (s) specified in the application. (ii) The airport authority of each U.S. airport that the applicant purposes to serve, and (iii) Any other person who has filed a pleading in a related proceeding under section 41102, 41302, or 40109 of the Statute

By: Patricia Thomas

Rules of Practice in Proceedings

Notice advising Department staff to accept pleadings in all other types of proceedings that comply with current Sections 302.4(b) until further notice; while in the meantime, the Department will study the points raised by outside counsel on the need for feasibility of complying with the new verification requirements. The Department will reexamine the issue of what verification is required in documents and pleadings that are filed. Options to be considered include issuing a supplemental Notice of Proposed Rulemaking on this issue in the future

By:  Bradley Mims

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