hanging justice scales     Office of the General Counselhanging justice scales

                                                Frequent asked questions

 

FOIA

Q:   How do I submit a Freedom of Information Act (FOIA) request to the U.S. Department of Transportation (DOT) or one of its components (e.g., FAA), and where can I find the pertinent laws and regulations applicable to such FOIA requests?

A:   The Department’s FOIA Web page (www.dot.gov/foia) is the central location for information regarding DOT’s FOIA procedures.  The Web page provides information, instructions, contacts, and links to each DOT component’s FOIA page.  Each component’s FOIA page also contains an Electronic Reading Room and component-specific information.  The FOIA statute can be found at 5 U.S.C. Section 552, and DOT’s FOIA regulations can be found at 49 C.F.R. Part 7.  The Department’s FOIA Web page contains a link to our regulations.  The U.S. Department of Justice has oversight responsibility for FOIA throughout the Federal Government, and has established a helpful FOIA home page at http://www.usdoj.gov/oip/index.html.

INTERNSHIP/ATTORNEY POSITIONS

Q:     I am a current law student and interested in an internship or in a permanent position after I graduate. Where can I get information about those legal opportunities at DOT?

A:      The Office of the General Counsel and the Offices of the Chief Counsels offer paid and volunteer legal internships. The Department also sponsors an Honors Attorney program for recent law graduates. For information about internships in the Office of General Counsel, please go to Interns. For information about the Honors Attorney Program, please go to Honors. For information about internships in the Chief Counsel Offices, please contact those offices as listed on our home page. For permanent positions, you should go to USAJOBS, which lists all advertised positions.

AVIATION

Q:    What are the requirements for airlines under DOT’s Disability Rule? pdf format in answer link

A:       http://airconsumer.ost.dot.gov/rules/FAQ_5_13_09.pdf

 

Q:     If I have a complaint about an airline, whom do I contact?

A:      You may contact the DOT Aviation Consumer Protection Division at 202-366-2220. For more information, including a postal mailing address, go to http://airconsumer.ost.dot.gov/problems.htm.

Q:     What is aviation cabotage?

A.     Airline cabotage is the carriage of air traffic that originates and terminates within the boundaries of a given country by an air carrier of another country. Rights to such traffic are usually entirely denied or severely restricted. Under 49 U.S.C. section 40109(g), we may authorize a foreign air carrier to carry commercial traffic between U.S. points (i.e., cabotage traffic) under limited circumstances. Specifically, we must find that the authority is required in the public interest; that because of an emergency created by unusual circumstances not arising in the normal course of business the traffic cannot be accommodated by U.S. carriers holding certificates under 49 U.S.C. section 41102; that all possible efforts have been made to place the traffic on U.S. carriers; and that the transportation is necessary to avoid undue hardship to the traffic involved (an additional required finding, concerning emergency transportation during labor disputes, is not relevant here).

For further information on interpretation of this requirement, contact the Office of International Law, Office of General Counsel, 202-366-2972, international.law@dot.gov, 1200 New Jersey Avenue, SE, Washington, DC 20590.

GENERAL

Q:   What environmental and natural resources laws and regulations are potentially applicable to Federal transportation projects and programs?

A.   Various environmental and natural resources laws and regulations apply to Federal transportation projects and programs.  Some of the most frequently applicable include the National Environmental Policy Act (NEPA) (42 U.S.C. §§ 4321–4347), Endangered Species Act (16 U.S.C. § 1531 et seq.), Clean Air Act (42 U.S.C. §§ 7401-7661), Section 4(f) of the Department of Transportation Act (49 U.S.C. § 303), National Historic Preservation Act (16 U.S.C. § 470 et seq.), and Clean Water Act (33 U.S.C. § 1251 et seq.).  The Council on Environmental Quality (CEQ) coordinates the Federal Government’s development of environmental policies and initiatives.  CEQ is responsible for ensuring that Federal agencies meet their NEPA obligations, and CEQ has issued regulations governing Federal agencies’ compliance with NEPA.  40 C.F.R. Parts 1500-1508.  In addition, DOT and its components have issued NEPA-implementing procedures.  For a more detailed list of the environmental laws, regulations, and Executive Orders potentially applicable to transportation projects and programs, please see the Department’s Notice in the Federal Register, entitled “Federal Environmental Laws and Executive Orders Applicable to the Development and Review of Transportation Infrastructure Projects.”  69 Federal Register 25451 (May 6, 2004) (currently being updated).

Q.   What are the respective roles of the U.S. Departments of Transportation and Homeland Security on transportation security issues?

A.   The Department of Homeland Security (DHS) is the lead Department for homeland security issues overall, but the Department of Transportation (DOT) and DHS collaborate on all matters relating to transportation security and transportation infrastructure protection.  Pursuant to Homeland Security Presidential Directive No. 7, Critical Infrastructure Identification, Prioritization, and Protection (HSPD-7), DOT and DHS entered into a Memorandum of Understanding (PDF format) in 2004  to facilitate the development of transportation security measures that simultaneously promote greater safety and security while considering efficiency in the movement of goods and people.  Various operating administrations within DOT have entered into “Annexes” to this MOU, which are separate agreements delineating roles and responsibilities specific to security issues of the particular mode of transportation.  Under the National Response Framework, DOT has the lead for Emergency Support Function #1 – Transportation, and works collaboratively with other agencies to fulfill this mission.

Q:       How do I request DOT support for my application for a waiver of my J-1 Visa 2-year residency requirements?

A.      The applicant for waiver must complete the application package required by the Department of State. The Department of State's Bureau of Consular Affairs has thorough descriptions and instructions, including contact information, for those interested in more information on the J-1 visa program.

If the basis for the application is work being done on behalf of or to the benefit of an agency of the Department of Transportation, a copy of the application package should be sent to the Office of the Chief Counsel of the DOT modal agency, such as the Federal Aviation Administration (FAA) or Federal Highway Administration (FHWA) that could endorse the application as being in the public interest of that mode of transportation.

Here are the address/phone for each modal Chief Counsels.

Federal Aviation Administration (FAA)
National Headquarters
800 Independence Avenue, S.W.
Room 900E
Washington, D.C. 20590
(202) 267-3222

Federal Highway Administration
1200 New Jersey Avenue, S.E.
Room E82-328
Washington, D.C. 20590
(202) 366-0740

Federal Motor Carrier Safety Administration
1200 New Jersey Avenue, S.E.
Room W61-322
Washington, D.C. 20590
(202) 493-0349

Federal Railroad Administration (FRA)
Visiting Address
1120 Vermont Avenue, NW
VFRA Stop 10
Washington, DC 20005
(202) 493-6050

Mailing Address
1200 New Jersey Avenue, S.E.
Washington, DC. 20590

National Highway Traffic Safety Administration (NHTSA)
1200 New Jersey Avenue, S.E.
Room W41-227
Washington, D.C. 20590
(202) 366-9511

Federal Transit Administration (FTA)
1200 New Jersey Avenue, S.E.
Room E54-314
Washington, DC 20590
(202) 366-2434

Saint Lawrence Seaway Development Corporation
1200 New Jersey Avenue, S.E.
Room W32-312
Washington, DC 20590
(202) 366-0105

Maritime Administration
1200 New Jersey Avenue, S.E.
Room W24-334
Washington, DC. 20590
(202) 366-5711

Pipeline & Hazardous Materials Safety Administration
1200 New Jersey Avenue, S.E.
East Building, 2nd Floor (PHC)
Washington, DC. 20590
(202) 366-4400

Research & Innovative Technology Administration
1200 New Jersey Avenue, S.E.
Room E35-334
Washington, DC. 20590
(202) 366-4412

Q:     Where can I get information about the time zone we live in?

A:      Under the Uniform Time Act, the Department of Transportation is in charge of time zones in the United States and ensuring that jurisdictions observing daylight saving time begin and end on the same date.

For further information on interpretation of this requirement, contact

Joanne Petrie, C-50
email: joanne.petrie@dot.gov
Phone: (202) 366-9306
FAX: (202) 366-9313
U.S. Department of Transportation
1200 New Jersey Avenue, S.E.
Washington, DC 20590