[Federal Register: January 10, 2006 (Volume 71, Number 6)]
[Rules and Regulations]
[Page 1483-1485]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ja06-2]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 11
[Docket No. FAA-2005-22982; Amendment No. 11-51]
RIN 2120-AI69
Federal Register Dispositions of Petitions for Exemption
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This final rule amends FAA regulations dealing with how the
FAA notifies petitioners of its decisions on petitions for exemption.
This rule change eliminates the requirement for the FAA to publish
dispositions of petitions for exemption in the Federal Register. This
change is intended to streamline our process and will save the agency
the cost of publication. Publishing dispositions in the Federal
Register is unnecessary because petitioners are notified in writing of
FAA's decision and the decision is placed in the public docket, which
is internet accessible and searchable.
DATES: This amendment becomes effective February 9, 2006.
FOR FURTHER INFORMATION CONTACT: Ida Klepper, Airmen and Airspace Rules
Division, Office of Rulemaking, Federal Aviation Administration, 800
Independence Avenue, SW., Washington, DC 20591. Telephone: (202) 267-
9677.
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 FAA's Regulations and Policies web page at http://
http://www.faa.gov/regulations_policies/rulemaking/; 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 amendment number or docket 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. If you are a small entity and you have a question
regarding this document, you may contact your local FAA official, or
the person listed under FOR FURTHER INFORMATION CONTACT. You can find
out more about SBREFA on the Internet at http://www.faa.gov/regulations_policies/rulemaking/sbre_act
.
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.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Section 44701. Under that section, the FAA is
charged with prescribing regulations to promote the safe flight of
civil aircraft. The authority to grant exemption from those regulations
is inherent in the authority to create them, as is the agency's
determination of the most effective means of notifying affected persons
of its decisions.
Discussion of Proposed Amendment
Section 11.91 explains how the FAA notifies petitioners of its
decisions on petitions for exemption. Currently, we notify the
petitioner in writing by sending a letter containing FAA's decision.
The FAA also publishes a disposition of the petition in the Federal
Register summarizing the decision document. The disposition includes
the docket number, petitioner's name, regulatory citation, description
of the relief sought, FAA's decision, date of decision, and an
exemption number. The FAA places a copy of the decision document in the
Docket Management System (DMS), which is the agency's public docket.
The DMS is both internet accessible and searchable.
The DMS offers different ways to get the information you need.
Users may perform a simple search at http://dms.dot.gov/search/searchFormSimple.cfm
by docket number or keyword, or an advanced search
at http://dms.dot.gov/search/searchFormAdvanced.cfm, which allows for
expanded search capability.
[[Page 1484]]
Users may view different types of reports at http://dms.dot.gov/reports/, such as the Docket Daily Filings at http://dms.dot.gov/
reports/frmDailyFiling.cfm, which allows you to view the items in the
docket for a particular day. Users may also subscribe to the DMS List
Serve at http://dms.dot.gov/emailNotification/index.cfm, which allows
users to be notified automatically when items of interest are added to
DMS.
The DMS can be reached on 1-800-647-5527 and also offers website
support, http://dms.dot.gov/Support/Index.cfm?site=dms, and help,
http://dms.dot.gov/help/, to users.
Because of technological advancements, such as DMS, the FAA
believes that it is unnecessary to continue to publish exemption
dispositions in the Federal Register. The FAA has concluded that
availability on the internet makes the decisions more accessible than
publication in a document that reaches only those who routinely read
the Federal Register. This rule change eliminates the requirement to
publish exemption dispositions in the Federal Register. Each petitioner
will continue to receive FAA's decision in writing.
This change is procedural and streamlines our process to better
serve our customers. Therefore, the FAA is revising Sec. 11.91 to
state that a copy of the FAA's decision is placed in the public docket,
which is internet accessible.
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 there are no ICAO Standards and Recommended Practices that
correspond to these proposed regulations.
Paperwork Reduction Act
There are no current or new requirements for information collection
associated with this amendment.
Regulatory Evaluation, Regulatory Flexibility Analysis, International
Trade Impact Assessment, and Unfunded Mandates Assessment
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866, Regulatory Planning and Review,
directs that each Federal agency shall 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, this Trade Act requires agencies to consider
international standards and, where appropriate, to be the basis of U.S.
standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L.
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). This portion of the
preamble summarizes the FAA's analysis of the economic impact of this
final rule.
The Department of Transportation Order DOT 2100.5 prescribes
policies and procedures for simplification, analysis, and review of
regulations. If the expected cost impact is so minimal that a proposal
does not warrant a full evaluation, this order permits a statement to
that effect. The basis for the minimal impact must be included in the
preamble, if a full regulatory evaluation of the cost and benefits is
not prepared. Such a determination has been made for this rule. The
reasoning for that determination follows.
This final rule eliminates the requirement for the FAA to publish
dispositions of petitions for exemption in the Federal Register.
Publishing dispositions in the Federal Register is unnecessary because
petitioners are notified in writing of FAA's decision and the decision
is placed in the public docket, which is available via the Internet.
FAA has, therefore, determined this rulemaking action 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. In addition, the FAA has determined
that this rulemaking action: (1) Will not have a significant economic
impact on a substantial number of small entities; (2) will not affect
international trade; and (3) will not impose an unfunded mandate on
state, local, or tribal governments, or on the private sector.
Regulatory Flexibility Analysis
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612,
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the business, organization, and governmental jurisdictions subject
to regulation.'' To achieve that principle, the RFA requires agencies
consider flexible regulatory proposals, to explain the rationale for
their actions, and to solicit comments. The RFA covers a wide range of
small entities, including small businesses, not-for-profit
organizations, and small governmental jurisdictions.
Agencies must perform a review to determine whether a proposed or
final rule will have a significant impact on a substantial number of
small entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
However, if an agency determines that a proposed or final rule is
not expected to have a significant economic impact on a substantial
number of small entities, section 605(b) of the RFA provides that the
head of the agency may so certify, and a regulatory flexibility
analysis is not required. The certification must include a statement
providing the factual basis for this determination, and the reasoning
should be clear.
This final rule eliminates the requirement to publish dispositions
of petitions for exemption in the Federal Register. Publishing
dispositions in the Federal Register is unnecessary because petitioners
are notified in writing of FAA's decision and the decision is placed in
the public docket, which is available via the internet.
Consequently, as the FAA Administrator, I certify the rulemaking
action will not have a significant economic impact on a substantial
number of small entities.
International Trade Impact Assessment
The Trade Agreements 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
these international standards be the basis for U.S. standards. The FAA
has assessed the potential effect of this rulemaking action and has
determined that it will have only a domestic impact and
[[Page 1485]]
therefore no effect on any trade-sensitive activity.
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. 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. 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 have 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 proposed rulemaking action qualifies for the
categorical exclusion identified in paragraph 312d 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 (66 FR 28355, 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 11
Administrative practice and procedure, Reporting and recordkeeping
requirements.
The Amendment
0
For the reasons set forth above, the Federal Aviation Administration is
amending 14 CFR Part 11 as follows:
PART 11--GENERAL RULEMAKING PROCEDURES
0
1. The authority citation for Part 11 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40101, 40103, 40105, 40109, 40113,
44110, 44502, 44701-44702, 44711, and 46102.
0
2. Revise Sec. 11.91 to read as follows:
Sec. 11.91 How does FAA inform me of its decision on my petition for
exemption?
The FAA will notify you in writing about its decision on your
petition. A copy of this decision is also placed in the public docket.
We will include the docket number associated with your petition in our
letter to you.
Issued in Washington, DC, on December 28, 2005.
Marion C. Blakey,
Administrator.
[FR Doc. 06-203 Filed 1-9-06; 8:45 am]
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