[Federal Register: May 19, 2005 (Volume 70, Number 96)]
[Rules and Regulations]
[Page 29061-29063]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19my05-23]
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Part III
Department of Transportation
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Federal Aviation Administration
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14 CFR Part 93
Definition of Commuter Aircraft at Ronald Reagan Washington National
Airport; Final Rule
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 93
[Docket No. FAA-2005-21249; Amendment No. 93-84]
RIN 2120-AI58
Definition of Commuter Aircraft at Ronald Reagan Washington
National Airport
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: The Federal Aviation Administration (FAA) is amending the
regulations for aircraft permitted to operate in commuter slots at
Ronald Reagan Washington National Airport (DCA). This change is
necessary to conform the regulations to amendments set forth in the
Vision 100--Century of Aviation Reauthorization Act of 2003 (Vision
100) Section 426, which increases the maximum seating capacity for
aircraft used in commuter slots at DCA.
DATES: This final rule is effective May 19, 2005.
FOR FURTHER INFORMATION CONTACT: Judine Slaughter, Federal Aviation
Administration, Office of Rulemaking, 800 Independence Avenue, SW.,
Washington, DC 20591; telephone (202) 493-4698; e-mail
judine.slaughter@faa.gov.
SUPPLEMENTARY INFORMATION:
Availability of Final Rule
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.gpoaccess.gov/fr/index.html
.
You can also get a copy by sending 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 docket number, notice number, or amendment number
of this rulemaking.
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 SBREFA on the Internet at our site, http://www.faa.gov/avr/arm/sbrefa.cfm
.
Authority for This Rulemaking
The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
The FAA publishes this rulemaking under the authority described in
Subtitle VII, Part 93, Subpart K, Section 93.123--High Density Traffic
Airports. Under that section, the FAA designates high-density traffic
airports and air traffic rules for operating aircraft, other than
helicopters, to or from those airports. This regulation is within the
scope of that authority.
Background
The FAA published the High Density Traffic Airports Rule, 14 CFR
part 93, subpart K, in 1968 to reduce delays at five congested
airports: JFK International Airport, LaGuardia Airport, O'Hare
International Airport, Ronald Reagan National Airport, and Newark
International Airport (33 FR 17896; December 3, 1968).
On December 12, 2003, the president signed Vision 100--Century of
Aviation Reauthorization Act, Public Law 108-176 (Vision 100). Section
426 of Vision 100 amended 49 U.S.C 41718 by adding:
(f) Commuter Defined.--For purposes of aircraft operations at
Ronald Reagan Washington National Airport under subpart K of part 93
of title 14, Code of Federal Regulations, the term `commuters' means
aircraft operations using aircraft having a certificated maximum
seating capacity of 76 or less.''
This amendment to part 93 as a final rule incorporates changes
mandated by the Vision 100 legislation.
Discussion of the Amendment
Ronald Reagan National (DCA) is designated as a high-density
traffic airport in 14 CFR 93.123(a). The number of slots allocated to
the commuter category, as used in paragraph (a) of this section, refers
to the number of operations conducted by air carriers with:
Turboprop aircraft having a certificated maximum passenger
seating capacity of less than 75; or
Turbojet aircraft having a certificated maximum passenger
seating capacity of less than 56; or
Any aircraft having a maximum payload capacity of less
than 18,000 pounds, if used for cargo service in air transportation.
This rule amends Sec. 93.123(c)(2), by removing the distinction at
DCA between turbojet aircraft and turboprop aircraft. The amendment
permits the operation of any aircraft in commuter slots that have a
maximum passenger seating capacity of 76 or less. This amendment does
not change the restrictions on maximum payload capacity for cargo
operations using commuter slots at DCA or any other High Density
Traffic Airports.
Paperwork Reduction Act
There are no 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
determined that there are no ICAO Standards and Recommended Practices
that correspond to these proposed regulations.
Good Cause for Immediate Adoption
Section 553(b)(3)(B) of the Administrative Procedures Act (APA) (5
U.S.C. Section 553(b)(3)(B)) authorizes agencies to dispense with
certain notice procedures for rules when they find ``good cause'' to do
so. Under this section, good cause exists if the notice and
opportunities for comment are ``impracticable, unnecessary, or contrary
to the public interest.''
The FAA finds that notice and public comment to this final rule are
impracticable, unnecessary, and contrary to the public interest,
because this final rule adopts a Congressional mandate.
Regulatory Analyses
Executive Order 12866, Regulatory Planning and Review, directs the
FAA to assess both the costs and benefits of a regulatory change. We do
not propose or adopt a regulation unless we make a reasoned
determination that the benefits of the intended regulation justify its
costs. Our assessment of this rule indicates that its economic impact
is
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minimal. Since its costs and benefits do not make it a ``significant
regulatory action'' as defined in the Order, we have not prepared a
``regulatory impact analysis.'' Similarly, we have not prepared a
``regulatory evaluation,'' which is the written cost/benefit analysis
ordinarily required for all rulemaking proposals under the DOT
Regulatory and Policies and Procedures. We do not need to do the latter
analysis where the economic impact of a proposal is minimal.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) of 1980, 5 U.S.C. 601-612,
directs the FAA to fit regulatory requirements to the scale of the
business, organizations, and governmental jurisdictions subject to the
regulation. We determine whether a proposed or final action will have a
``significant economic impact on a substantial number of small
entities'' as defined in the Act. If we find that the action will have
a significant impact, we complete a ``regulatory flexibility
analysis.''
This final rule increases the maximum seating capacity for aircraft
operated in commuter slots at DCA. Its economic impact is minimal.
Therefore, we certify that this action will not have a significant
economic impact on a substantial number of small entities.
Trade Impact Assessment
The Trade Agreements Act of 1979 prohibits Federal agencies from
engaging in any standards or 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 not have any impact on international
entities and thus has no international trade impact.
Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (the Act), enacted as
Public Law 104-4 on March 22, 1995, 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 a $100 million or more expenditure (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.''
This final rule does not contain such a mandate. Therefore, the
requirements of Title II of the Unfunded Mandates Reform Act of 1995 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. Therefore, we determined that this final rule 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(f) and involves no extraordinary
circumstances.
Energy Impact
The energy impact of the notice has been assessed in accordance
with the Energy Policy and Conservation Act (EPCA Pub. L. 94-163), as
amended (42 U.S.C. 6362) and FAA Order 1053.1. It has been determined
that the final rule is not a major regulatory action under the
provisions of the EPCA.
List of Subjects in 14 CFR Part 93
Air traffic control, Airports, Alaska Navigation (air), Reporting
and recordkeeping.
The Amendments
0
In consideration of the foregoing the Federal Aviation Administration
amends chapter I of title 14 Code of Federal Regulations as follows:
PART 93--SPECIAL AIR TRAFFIC RULES
0
1. The authority citation for part 93 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40106, 40109, 40113, 44502,
44514, 44701, 44719, 46301.
0
2. Revise Sec. 93.123(c)(2) to read as follows:
Sec. 93.123 High density traffic airports.
* * * * *
(c) * * *
(2) The number of operations allocated to scheduled commuters, as
used in paragraph (a) of this section, refers to the number of
operations conducted by air carriers with turboprop and reciprocating
engine aircraft having a certificated maximum passenger seating
capacity of less than 75 or by turbojet aircraft having a certificated
maximum passenger seating capacity of less than 56, or if used for
cargo service in air transportation, with any aircraft having a maximum
payload capacity of less than 18,000 pounds. For purposes of aircraft
operations at Ronald Reagan Washington National Airport, the term
``commuters'' means aircraft operations using aircraft having a
certificated maximum seating capacity of 76 or less.
* * * * *
Issued in Washington, DC, on May 11, 2005.
Marion Blakey,
Administrator.
[FR Doc. 05-9828 Filed 5-18-05; 8:45 am]
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