29282 Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Rules and Regulations

(ii) Within 300 hours time-in-service or 100

landings, whichever occurs later, following

the immediately preceding visual inspection

accomplished in accordance with paragraph

(a) of this AD.

(2) For Model 382E and 382G series

airplanes having serial number 4561 through

5225 inclusive, other than those identified in

paragraph (b)(1) of this AD: Accomplish the

inspection at the earlier of the times specified

in paragraphs (b)(2)(i) and (b)(2)(ii) of this

AD.

(i) Prior to the accumulation of 15,000 total

hours time-in-service, or within 90 days after

the effective date of this AD, whichever

occurs later. Or

(ii) Within 300 hours time-in-service or 100

landings, whichever occurs later, following

the immediately preceding visual inspection

accomplished in accordance with paragraph

(a) of this AD.

(c) If no cracking is detected during the

inspection required by paragraph (b) of this

AD, repeat the inspection thereafter at

intervals not to exceed 5,200 hours time-inservice.

(d) If any cracking is detected during the

inspection required by paragraph (b) of this

AD: Prior to further flight, accomplish the

requirements of either paragraph (d)(1) or

(d)(2) of this AD.

(1) Replace the truss mount assembly with

a new assembly having part number 360013–

15, –19, or –23 (for the outboard truss mounts

of the No. 1 engine), or part number 360017–

15, –19, or –23 (for the inboard truss mounts

of the No. 4 engine), as applicable, in

accordance with Hercules Structural Repair

Manual (SRM), Document Number SMP 583.

Prior to the accumulation of 15,000 hours

time-in-service after installation of the engine

truss mount assembly, perform an ultrasonic

inspection as specified in paragraph (b) of

this AD. Repeat that inspection thereafter at

intervals not to exceed 5,200 hours time-inservice. Or

(2) Replace the truss mount assembly with

part number 360013–31 or subsequent (for

the truss mounts in the No. 1 outboard

engine), or part number 360017–31 or

subsequent (for the truss mounts of the No.

4 inboard engine), as applicable, in

accordance with SMP 583. Such replacement

constitutes terminating action for the

requirements of this AD.

(e) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Atlanta

ACO. Operators shall submit their requests

through an appropriate FAA Principal

Maintenance Inspector, who may add

comments and then send it to the Manager,

Atlanta ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Manager, Atlanta ACO.

(f) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

(g) The ultrasonic inspection shall be done

in accordance with Hercules Service Bulletin

382–71–20, dated March 18, 1994. This

incorporation by reference was approved by

the Director of the Federal Register in

accordance with 5 U.S.C. 552(a) and 1 CFR

part 51. The general visual inspections shall

be done in accordance with Lockheed Alert

Service Bulletin A382–71–19/A82–687,

dated December 23, 1993. The incorporation

by reference of this document was approved

previously by the Director of the Federal

Register, in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51, as of February 18, 1994

(59 FR 5078, February 3, 1994). Copies may

be obtained from Lockheed Aeronautical

Systems Support Company, Field Support

Department, Dept. 693, Zone 0755, 2251 Lake

Park Drive, Smyrna, Georgia 30080. Copies

may be inspected at the FAA, Transport

Airplane Directorate, 1601 Lind Avenue,

SW., Renton, Washington; or at the FAA,

Small Airplane Directorate, Atlanta Aircraft

Certification Office, Campus Building, Suite

2–160, 1701 Columbia Avenue, College Park,

Georgia; or at the Office of the Federal

Register, 800 North Capitol Street, NW., suite

700, Washington, DC.

(h) This amendment becomes effective on

July 15, 1996.

Issued in Renton, Washington, on June 3,

1996.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 96–14383 Filed 6–7–96; 8:45 am]

BILLING CODE 4910–13–U

Office of the Secretary

14 CFR Part 302

[Docket No. OST–96–1436]

RIN 2105–AC26

Revised Filing Procedures for the OST

Docket

AGENCY: Office of the Secretary (OST),

DOT.

ACTION: Final rule.

SUMMARY: The Office of the Secretary

(OST) is revising its document filing

requirements to reduce the number of

copies filed and to conform to, and

facilitate the scanning of documents

into, its new electronic docket system.

DOT is consolidating its nine separate

docket facilities and converting from a

paper-based system to an optical

‘‘imaging’’ system for more efficient

storage, management, and retrieval of

docketed information. These filing

requirement changes will assist the new

Docket Management Facility in

completing its transition to the

electronic docket system.

EFFECTIVE DATE: This rule is effective

July 10, 1996.

ADDRESSES: The new Docket

Management Facility is located on the

Plaza Level of the Nassif Building at the

U.S. Department of Transportation,

Room PL–401, 400 Seventh Street, SW.,

Washington, DC 20590–0001.

FOR FURTHER INFORMATION CONTACT:

Paulette Twine, Chief, Documentary

Services Division, U.S. Department of

Transportation, 400 Seventh Street,

SW., Washington, DC 20590–0001,

Telephone: (202) 366–9329.

SUPPLEMENTARY INFORMATION: The

Secretary of Transportation has directed

that the Office of the Secretary (OST)

and eight of the DOT operating

administrations consolidate their

separate paper-based docket facilities

into a single, central facility and convert

to an electronic image-based system.

These changes will enable the

Department to provide better service

and access to the public and to

government users.

The Department plans to consolidate

the docket facilities of the other DOT

agencies sequentially into the new,

centralized Docket Management Facility

and to expand the capacity of the

system as necessary to accommodate

each DOT agency. The OST and Federal

Transit Administration (FTA) docket

facilities have already relocated to the

new Docket Management Facility. The

consolidation will eliminate

duplication, improve records

management, enhance docket security,

and provide easier public access by

creating a single point of entry.

The Department’s phased transition

from a paper-based docket system to

storage of docket records in an

electronic format will eliminate paper

storage problems, provide users with

quicker access to docketed information

and more sophisticated search

capabilities, and, eventually, provide

more efficient electronic transmission of

information to and from the Docket

Management Facility. To meet the legal

requirements that DOT maintain a

record of all materials submitted to the

dockets and produce certified true

copies of docketed information, the

docket staff is scanning documents (for

OST and FTA at this time) and storing

them as images on optical disks.

Read-only optical disks are permanent

and unalterable, assuring 100 percent

accuracy of the records. Each document

page is a separate record in the system

and will have its own unique

identifying number. The system

software relates the separate 20 records

of a 20-page document to each other in

sequence and gives the document an

address reachable through the indexing

system. The optical disk system allows

more efficient storage and management

of docketed information, because a

single disk can store hundreds of
Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Rules and Regulations 29283

documents that are easily accessible

through the index. The index provides

users with the capability for rapid

retrieval and more sophisticated crossreferencing and searching of docketed

information. OST plans to backscan

existing paper dockets that are currently

open and a limited amount of necessary

historical or precedential material to

optical disks that can be indexed for

research purposes.

As part of this transition, the Docket

Management Facility will eventually be

‘‘networked’’ to Department offices to

optimize the document flow within the

Department through electronic

transmission. Eventually, we plan to

encourage and expand electronic filing

by public users and provide the

capability for remote public access to

the electronic docket. We now have

computer work stations with an easy-touse interface available in the new

Docket Management Facility for the

public to access the electronically stored

information. Also, we have placed many

OST orders and certain rulemaking

documents on the Department’s internet

web site (http://www.dot.gov/geninfo).

The timing of adding electronic filing

and remote access capability will

depend upon the readiness of the new

system and its staff to handle them and

upon budgetary considerations.

At this time, the Department’s Docket

Management Facility will continue to

accept only paper filings for an original

document. However, to facilitate review

and processing by internal offices, a

formal paper filing may be accompanied

by a 31⁄2 inch disk in one of the

following formats: Microsoft Word (or

RTF), WordPerfect, Excel, Lotus 1 2 3,

or ASCII. We are not scanning into the

new system documents for which

confidential treatment has been

requested. We will continue to store

confidential documents in hard copy in

a secure location and will place a crossreference to them in the new docket

system. Access to these documents will

be granted or denied by Department

order, as is done now. If we later decide

to scan confidential documents, we will

publish a Federal Register notice that

describes how the system will ensure

the confidentiality of and restrict access

to these documents and provides an

opportunity for public comment.

To ensure that the highest quality

image is captured during the scanning

process, revised section 302.3(b)(1)

provides that documents must be typed

double-spaced on 81⁄2 by 11 inch white

paper with dark type (not green) to

provide adequate contrast for

photographic reproduction. With one

exception, original documents must be

unbound, without tabs, to reduce

possible damage during removal of pins

and staples and to facilitate the use of

a high-speed feeder mechanism for

automated scanning. Documents of

more than one page may be clipped

with a removable clip or similar device.

In cases assigned by order to an

Administrative Law Judge for hearing,

the filing requirements with respect to

tabbing and binding and the number of

copies required will be set by order. We

prefer that filers provide one-sided

original documents to speed the

physical scanning process, but we have

the software capability to sort doublesided copies.

We recognize that some filings or

submissions may not conform to these

requirements (e.g., tabbed original

exhibit needed by ALJ.) The Docket

Management Facility staff has

developed procedures for scanning nonconforming documents or storing

unscannable documents or exhibits

(e.g., rocks, huge blueprints) and crossreferencing them in the system. Since

nonconforming documents and

materials require special handling, they

may take a little longer to show up on

the system.

Revised section 302.3(b)(2) requests

filers to provide certain information for

more rapid and complete indexing of

their documents. Many filers already

include much of this information in

their documents. The Docket

Management Facility also has an

Expedited Processing Sheet that filers

can use to assist in index input, a

current copy of which is available on

our internet site or from the Docket

Management Facility address listed on

the first page.

The revisions to section 302.3 are

designed to implement the optical

scanning and electronic filing of

docketed materials and to establish that

when the Department produces an

electronic scanned record, it is the

official docket copy of the document.

The new specifications for document

filing will allow the prompt scanning of

filed materials and thereby reduce the

need to retain paper records. Not only

should this effort result in a much more

efficient use of space, personnel,

equipment, and expertise, but it should

save the public and the government

time and money in analyzing

information submitted to the docket.

To relieve a burden on public docket

users during this transition period, the

rule reduces the generic twelve copies

plus original required for all OST

proceedings to the number of copies

actually needed for the particular type

of proceeding. When we have

completed our conversion to a

networked system that allows routine

internal electronic access to the

electronic docket, we will consider

further reducing the number of required

copies. The future transition to

electronic filing also will reduce our

need for copies.

This rule is being issued as a final

rule because it concerns agency practice

and procedure and, therefore, is exempt

from prior notice and comment

requirements under section 553 (b) (3)

(A) of the Administrative Procedure Act

(APA).

Regulatory Process Matters

This final rule is not considered a

significant regulatory action under

section 3(f) of Executive Order 12866,

and therefore it was not reviewed by the

Office of Management and Budget. This

rule is not considered significant under

the Department’s regulatory policies and

procedures.

The economic impact of this rule is so

minimal that further analysis is

unnecessary. The changes will provide

benefits to the public in increased

availability of electronic information,

more rapid document processing and

review, and fewer copies to file to the

docket. This rule does not impose

unfunded mandates or requirements

that will have any impact on the quality

of the human environment.

Executive Order 12612

The Department has analyzed this

rule under the principles and criteria

contained in Executive Order 12612

(‘‘Federalism’’) and has determined that

the rule does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Regulatory Flexibility Act

I certify this rule will not have a

significant economic impact on a

substantial number of small entities.

Most filers already meet the

specifications of this rule. The rule will

provide a minor benefit to affected small

entities by reducing the number of

copies that they have to file to the

docket.

Paperwork Reduction Act

This rule contains no reporting or

recordkeeping requirements.

List of Subjects in 14 CFR Part 302

Administrative practice and

procedure, Air carriers.

For the reasons set forth above, 14

CFR part 302 is amended as follows.

PART 302—RULES OF PRACTICE IN

PROCEEDINGS

1. The authority citation for part 302

is revised to read as follows:
29284 Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Rules and Regulations

Authority: 5 U.S.C. 551 et seq., 49 U.S.C.

40101 et seq.

2. Section 302.3 is amended by

revising paragraphs (b) and (c) and

adding paragraph (f) to read as follows:

§ 302.3 Filing of documents.

* * * * *

(b) Formal specifications of

documents.

(1) Documents filed under this part

must be on white paper not larger than

81⁄2 by 11 inches, including any tables,

charts and other documents that may be

included. Ink must be dark enough (but

may not be green) to provide substantial

contrast for scanning and photographic

reproduction. Text must be doublespaced (except for footnotes and long

quotations, which may be singlespaced), using type not smaller than 12

point. The left margin must be at least

11⁄2 inches; all other margins must be at

least 1 inch. The title page and first page

must bear a clear date and all

subsequent pages must bear a page

number and abbreviated heading. In

order to facilitate automated processing

in document sheet feeders, documents

of more than one page should be held

together with removable metal clips or

similar retainers. Original documents

may not be bound in any form or

include tabs, except in cases assigned by

order to an Administrative Law Judge

for hearing, in which case the filing

requirements will be set by order.

Section 302.31 contains additional

requirements as to the contents and

style of briefs.

(2) To facilitate indexing, a filer

should include in or provide with each

document: the docket title and subject;

the relevant operating administration

before which the application or request

is filed; the identity of the filer; the title

of the specific action being requested;

and the name and address of the

designated agent, and so identified, on

file for official service. The Docket

Management Facility has an Expedited

Processing Sheet that filers can use to

assist in this index input.

(3) * * *

(c) Number of copies. Unless

otherwise specified, an executed

original, along with the number of true

copies set forth below for each type of

proceeding, must be filed with the

Docket Management Facility. The copies

filed need not be signed, but the name

of the person signing the original

document, as distinguished from the

firm or organization he or she

represents, must also be typed or

printed on all copies below the space

provided for the signature.

Airport Fees.........................................9 copies

Agreements

International Air Transport

Association (IATA) .......................6 copies

Other (under 49 USC 41309).............9 copies

Complaints

Enforcement ......................................5 copies

Mail Contracts ...................................4 copies

Rates, Fares and Charges in Foreign

Air Transportation ........................6 copies

Unfair Practices in Foreign Air

Transportation (49 USC 41310)....7 copies

Employee Protection Program (14

CFR 314) ........................................7 copies

Exemptions

Computer Reservation Systems (14

CFR 255) ........................................8 copies

Other (under 49 USC 40109).............7 copies

Tariffs (under 49 U.S.C. Chapter 415

or 14 CFR 221)...............................5 copies

Foreign Air Carrier Permits/

Exemptions....................................7 copies

International Authority for U.S. Air

Carriers (certificates, exemptions,

allocation of limited frequencies or

charters).........................................7 copies

Mail Rate Proceedings.......................4 copies

Name Change/Trade Name

Registrations..................................4 copies

Suspension of Service (14 CFR 323)

....................................................... 4 copies

Tariff Justifications to exceed

Standard International Fare Levels

....................................................... 6 copies

U.S. Air Carrier Certificates (involving

Initial or Continuing Fitness) .......6 copies

Other matters.......................................3 copies

Filers are encouraged to submit one of

the required true copies (except for

counterparts of Agreement CAB 18900)

in electronic form on a 31⁄2 inch floppy

disk, labeled to show the filer’s and

representative’s names, the docket

number (if known) or space for it, and

document title. The electronic

submission must be in one of the

following formats: Microsoft Word (or

RTF), WordPerfect, Excel, Lotus 123, or

ASCII text. The disk must be

accompanied by a signed certification

that it is a true copy of the executed

original document.

* * * * *

(e) Reserved.

(f) Official docket copy. With respect

to all documents filed under this part

that are scanned, the electronic scanned

record produced by the Department

shall thereafter be the official docket

copy of the document and any

subsequent copies generated by the

Department’s electronic records system

will be usable for admission as record

copies in any proceeding before the

Department.

Issued in Washington, DC, on 31 May,

1996, under the authority of 49 CFR part 1.

Charles A. Hunnicutt,

Assistant Secretary for Aviation and

International Affairs.

[FR Doc. 96–14614 Filed 6–7–96; 8:45 am]

BILLING CODE 4910–62–P

14 CFR Part 373

RIN 2105–AC52

Implementation of the Equal Access to

Justice Act

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule: removal.

SUMMARY: This action removes a

regulation concerning payment of

attorneys fees under the Equal Access to

Justice Act that was adopted by the

now-defunct Civil Aeronautics Board.

These procedures are covered by a

Department-wide regulation. This action

is taken in response to the President’s

Regulatory Reinvention Initiative in

order to remove a duplicative and

outdated rule.

EFFECTIVE DATE: July 10, 1996.

FOR FURTHER INFORMATION CONTACT:

Alexander J. Millard, Office of the

General Counsel, Room 4102, U.S.

Department of Transportation, 400

Seventh Street, SW., Washington, DC

20590, or by telephone at (202) 366–

9285.

SUPPLEMENTARY INFORMATION: 14 CFR

Part 373, Implementation of the Equal

Access to Justice Act, was promulgated

by the now-defunct Civil Aeronautics

Board in 1982 (47 FR 16007, April 14,

1982). The Civil Aeronautics Board

issued this regulation to provide for the

award of attorney fees and other

expenses to eligible individuals and

entities that were parties to certain

administrative proceedings before that

agency. On January 1, 1985, however,

the Civil Aeronautics Board was

sunsetted and its remaining statutory

authority was transferred to the

Department of Transportation. See Civil

Aeronautics Board Sunset Act of 1984,

Public Law 98–443, 98 Stat. 1703. The

Department of Transportation has a

nearly identical regulation governing

the award of these fees and expenses.

This regulation is codified at 49 CFR

Part 6. Consequently, there is no need

to retain the Civil Aeronautics Board’s

duplicative regulation and it is being

removed.

The Department finds notice and

comment unnecessary and contrary to

the public interest because the rule is

merely removing an obsolete procedural

regulation in favor of the Departmental

rule. This final rule is considered to be

a nonsignificant rulemaking under

DOT’s regulatory policies and

procedures, 44 FR 11034. The final rule

was not subject to review by the Office

of Information and Regulatory Affairs

pursuant to Executive Order 12866. The

rule will have no economic impact, and

accordingly no regulatory evaluation