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DOT/OST

RIN: 2105-AD25

Publication ID: Fall 2004

Title: Review of Data Filed by Certificated or Commuter Air Carriers to Support Continuing Fitness Determinations Involving Citizenship Issues
Abstract: In response to a report by the Inspector General of the Department of Transportation, the Department is asking for comments on two issues relating to air carrier continuing fitness determinations involving citizenship issues. First, the Inspector General identified a list of criteria the Department typically uses to determine actual control of an air carrier when evaluating the citizenship of an air carrier during a continuing fitness review. The Department is seeking comment on whether there are any other factors or criteria the Department routinely considers in its evaluations that should be added to this list. Second, the Department seeks comments on the need for a regulatory change to the requirements of 14 CFR part 204 applicable to certificated and commuter air carriers proposing to undergo a substantial change in operations, ownership, or management that may impact their U.S. citizenship status. The Inspector General found that the Department's informal process is not well-suited to complex, contentious, and controversial cases involving citizenship determinations and suggested that the Department allow greater transparency and public participation in such matters, including public notice when such a review is initiated and completed, as well as public access to information filed with the Department during such reviews. There is no next stage at this point because OST is currently reviewing filed comments. The Department is considering what, if any, additional action to take in this rulemaking.
Agency: Department of Transportation(DOT)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: Undetermined
CFR Citation: 14 CFR 204.5
Legal Authority: 49 USC 401 49 USC 411 49 USC 417

Legal Deadline: None

Timetable:

Action	Date	FR Cite
ANPRM	07/30/2003
ANPRM Comment Period End	09/29/2003
NPRM	04/00/2005

Regulatory Flexibility Analysis Required: No	Government Levels Affected: Undetermined
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Information URL: dms.dot.gov	Public Comment URL: dms.dot.gov
Agency Contact: Jennifer Thibodeau Attorney Department of Transportation Office of the Secretary 400 Seventh Street SW., C-20 , Washington, DC 20590 Phone:202 366-2509 Email: jennifer.thibodeau@ost.dot.gov