[Federal Register: January 31, 2005 (Volume 70, Number 19)]
[Rules and Regulations]
[Page 4979-4982]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31ja05-11]
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Part II
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Part V
Department of Transportation
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Federal Aviation Administration
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14 CFR Part 91
Carrying Candidates in Elections; Final Rule
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
[Docket No. FAA-2005-20168; Amendment No. 91-287]
RIN 2120-AI12
Carrying Candidates in Elections
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This final rule allows an aircraft operator, other than one
operating an aircraft as an air carrier or commercial operator, to
receive payment for carrying a candidate seeking office in a State or
local election during a campaign. Current regulations allow aircraft
operators to receive payment for carrying candidates seeking office in
Federal elections during a campaign without the aircraft operator
having to meet the safety standards applicable to air carriers and
other commercial operators. This rule meets a Congressional mandate
that the FAA amend its rules to allow aircraft operators who transport
State and local candidates for compensation, to do so without having to
comply with FAA safety rules applicable to air carriers and other
commercial operators.
DATES: This final rule is effective March 2, 2005.
FOR FURTHER INFORMATION CONTACT: John Chescavage, Office of Rulemaking,
ARM-102 Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591; telephone (202) 867-9783; facsimile (202) 867-
5075, e-mail john.chescavage@faa.gov.
SUPPLEMENTARY INFORMATION:
Availability of Rulemaking Documents
You can get an electronic copy using the Internet by:
(1) Searching the Department of Transportation's electronic Docket
Management System (DMS) web page (http://dms.dot.gov/search); (2) Visiting the Office of Rulemaking's web page at http://www.faa.gov/avr/arm/index.cfm
; or
(3) Accessing the Government Printing Office's web page at http://www.access.gpo.gov/su_docs/aces/aces140.html
.
You can also get a copy by submitting a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the amendment number or docket number of this
rulemaking.
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://dms.dot.gov.
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. Therefore, any small entity that has a question regarding
this document may contact their local FAA official, or the person
listed under FOR FURTHER INFORMATION CONTACT. You can find out more
about SBRFA on the Internet at our site, http://www.faa.gov/avr/arm/sbrefa.htm.
For more information on SBREFA, e-mail us 9-AWA-SBREFA@faa.gov..
Background and Statutory Authority for This Revision
As part of the 1996 FAA reauthorization legislation, Congress
required that the FAA Administrator revise Section 91.321 (14 CFR
91.321) of the Federal Aviation Regulations relating to the carriage of
candidates in Federal elections, to make the same or similar rules
applicable to the carriage of candidates for election to public office
in state and local government elections. See Section 1214 ``Carriage of
Candidates in State and Local Elections'', Public Law 104-264.
Presently, Section 91.321 allows aircraft operators, who are not
air carriers or commercial operators conducting flights under 14 CFR
part 121, 125 or 135, to carry--for compensation--candidates in Federal
elections without having to comply with FAA safety rules applicable to
air carriers if the rules of the Federal Election Commission (FEC)
require the candidate to make the payment. In view of the Congressional
mandate, the FAA has revised its regulations to allow aircraft
operators who transport candidates for public office in state and local
elections for compensation, to do so without complying with FAA safety
rules applicable to air carriers and other commercial operators.
Neither the existing rules applicable to the transportation of
candidates in Federal elections nor the new rules applicable to the
transportation of candidates for public office in state and local
elections relieve the pilots from the airman certification requirements
of possessing, at a minimum, a commercial pilot certificate when the
pilot is paid for the transportation service. The present rules and the
revised rules merely relieve the aircraft operator from the
requirements to possess an air carrier/commercial operator certificate.
Certain conditions must be met for these operators to qualify to
operate under the general operating rules of 14 CFR and to not be
required to comply with rules that apply to air carriers and other
commercial operators. Those conditions are:
The operator's primary business is not as an air carrier
or commercial operator;
The carriage is conducted under the rules of part 91; and
Payment by the candidate to the aircraft operator is
required by law or regulation.
For candidates in Federal elections, the amount paid must not
exceed the amount required by regulations of the Federal Election
Commission (11 CFR et seq.). For candidates for public office in state
or local elections, the amount paid must not exceed the amount required
to be paid under state or local law. The aircraft operator, conducting
the flight under part 91, will be permitted to accept payment in
accordance with state or local law for the transportation of agents or
people working on behalf of the state or local candidate. Aircraft
operators are already allowed to accept payment from agents of, and
people representing, Federal candidates when the rules of the FEC
require such payments to be made.
We have rewritten the entire section because the current language
makes specific references to the Federal Election Commission (FEC) and,
thus, only applies to Federal elections. The FEC does not have any
authority over candidates for election to state and local government
offices. Rather than adding new information to the existing language,
we have rewritten the whole section to make it easier to understand.
Good Cause for Not Requesting Comment
Under the Administrative Procedures Act (APA) (5 U.S.C. 553(b)), an
agency is not required to follow the normal notice and comment
procedures if it finds, for good cause, that they are impracticable,
unnecessary, or contrary to the public interest. Since the 1996
reauthorization mandated the changes
[[Page 4981]]
to the Code of Federal Regulations and directed the FAA to make
specific changes, we have determined that good cause exists to waive
prior notice and comment.
Paperwork Reduction Act
There are no current or new requirements for information collection
associated with this amendment.
International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined that there are no ICAO Standards and Recommended Practices
that correspond to these regulations.
Economic Assessment, Regulatory Flexibility Determination, Trade Impact
Assessment, and Unfunded Mandates Assessment
Proposed changes to Federal regulations must undergo several
economic analyses. First, Executive Order 12866 directs each Federal
agency to propose or adopt a regulation only upon a reasoned
determination that the benefits of the intended regulation justify its
costs. Second, the Regulatory Flexibility Act of 1980 requires agencies
to analyze the economic impact of regulatory changes on small entities.
Third, the Trade Agreements Act (19 U.S.C. 2531-2533) prohibits
agencies from setting standards that create unnecessary obstacles to
the foreign commerce of the United States. In developing U.S.
standards, the Trade Act also requires agencies to consider
international standards and, where appropriate, use them as the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Public Law 104-4) requires agencies to prepare a written assessment of
the costs, benefits, and other effects of proposed or final rules that
include a Federal mandate likely to result in the expenditure by State,
local, or tribal governments, in the aggregate, or by the private
sector, of $100 million or more annually (adjusted for inflation).
The FAA has determined this rule (1) is not a ``significant
regulatory action'' as defined in section 3(f) of Executive Order 12866
and is not ``significant'' as defined in DOT's Regulatory Policies and
Procedures; (2) will not have a significant economic impact on a
substantial number of small entities; (3) will not reduce barriers to
international trade; and (4) does not impose an unfunded mandate on
state, local, or tribal governments, or on the private sector.
This rule will impose no cost on the industry. This final rule
allows certain aircraft operators, who qualify and who conduct
operations solely under 14 CFR part 91, to receive payment, in
accordance with state or local law, to transport candidates in State
and local elections.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) directs the FAA to fit
regulatory requirements to the scale of the business, organizations,
and governmental jurisdictions subject to the regulation. We are
required to determine whether a proposed or final action will have a
``significant economic impact on a substantial number of small
entities'' as they are defined in the Act. If we find that the action
will have a significant impact, we must do a ``regulatory flexibility
analysis.''
This final rule imposes no cost on any aircraft operator, but
allows aircraft operators, who qualify and conduct flights under part
91 of the Federal Aviation Regulations, to receive payment for
transporting candidates in State and local elections. As such, the RFA
does not apply to this action, and we certify that this action will not
have a significant economic impact on a substantial number of small
entities.
Trade Impact Assessment
The Trade Agreement Act of 1979 prohibits Federal agencies from
establishing any standards or engaging in related activities that
create unnecessary obstacles to the foreign commerce of the United
States. Legitimate domestic objectives, such as safety, are not
considered unnecessary obstacles. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards. The FAA has assessed the
potential effect of this rulemaking and has determined that it will
have only a domestic impact and therefore no effect on any trade-
sensitive activity.
Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (the Act) is intended,
among other things, to curb the practice of imposing unfunded Federal
mandates on State, local, and tribal governments. Title II of the Act
requires each Federal agency to prepare a written statement assessing
the effects of any Federal mandate in a proposed or final agency rule
that may result in an expenditure of $100 million or more (adjusted
annually for inflation) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $120.7 million in lieu of $100
million.
This final rule does not contain such a mandate. The requirements
of Title II of the Act, therefore, do not apply.
Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action will not have a substantial direct effect on the States, or the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government, and therefore does not have federalism implications.
Environmental Analysis
FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 312(d) and involves no extraordinary
circumstances.
Regulations That Significantly Affect Energy Supply, Distribution, or
Use
The FAA has analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). We have determined that it is not
a ``significant energy action'' under the executive order because it is
not a ``significant regulatory action'' under Executive Order 12866,
and it is not likely to have a significant adverse effect on the
supply, distribution, or use of energy.
List of Subjects in 14 CFR Part 91
Agriculture, Air traffic control, Aircraft, Airmen, Airports,
Aviation safety, Freight, Noise control, Political candidates,
Reporting and recordkeeping requirements.
The Amendment
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In consideration of the foregoing, the Federal Aviation Administration
amends part 91, chapter I of title 14, Code of Federal Regulations as
follows:
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PART 91--GENERAL OPERATING AND FLIGHT RULES
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1. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101,
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722,
46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531,
articles 12 and 29 of the Convention on International Civil Aviation
(61 stat. 1180).
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2. Revise Sec. 91.321 to read as follows:
Sec. 91.321 Carriage of candidates in elections.
(a) As an aircraft operator, you may receive payment for carrying a
candidate, agent of a candidate, or person traveling on behalf of a
candidate, running for Federal, State, or local election, without
having to comply with the rules in parts 121, 125 or 135 of this
chapter, under the following conditions:
(1) Your primary business is not as an air carrier or commercial
operator;
(2) You carry the candidate, agent, or person traveling on behalf
of a candidate, under the rules of part 91; and
(3) By Federal, state or local law, you are required to receive
payment for carrying the candidate, agent, or person traveling on
behalf of a candidate. For federal elections, the payment may not
exceed the amount required by the Federal Election Commission. For a
state or local election, the payment may not exceed the amount required
under the applicable state or local law.
(b) For the purposes of this section, for Federal elections, the
terms candidate and election have the same meaning as set forth in the
regulations of the Federal Election Commission. For State or local
elections, the terms candidate and election have the same meaning as
provided by the applicable State or local law and those terms relate to
candidates for election to public office in State and local government
elections.
Issued in Washington, DC, on January 21, 2005.
Marion C. Blakey,
Administrator.
[FR Doc. 05-1661 Filed 1-28-05; 8:45 am]
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