[Federal Register: November 1, 2006 (Volume 71, Number 211)]
[Rules and Regulations]
[Page 64111-64113]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01no06-1]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
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The Code of Federal Regulations is sold by the Superintendent of Documents.
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[[Page 64111]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 93
[Docket No. FAA-2005-19411; SFAR No. 105]
RIN 2120-AI47
Reservation System for Unscheduled Arrivals at Chicago's O'Hare
International Airport
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; extension of expiration date.
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SUMMARY: This action extends the expiration date of Special Federal
Aviation Regulation (SFAR) No. 105 through October 31, 2008. This
action is necessary to maintain the reservation system established for
unscheduled arrivals at O'Hare International Airport consistent with
the newly adopted limitations imposed on scheduled operations at the
airport.
DATES: This final rule is effective on October 28, 2006, and SFAR No.
105 published at 70 FR 39610 (July 8, 2005), as amended at 70 FR 66255
(November 2, 2005), 71 FR 16219 (March 31, 2006), and in this rule,
shall remain in effect until October 31, 2008.
FOR FURTHER INFORMATION CONTACT: Gerry Shakley, System Operations
Services, Air Traffic Organization; Telephone: (202) 267-9424; E-mail:
gerry.shakley@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 FAA's Regulations and Policies Web page at http://
http://www.faa.gov/regulations_policies/; 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. 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/regulations_policies/rulemaking/sbre_act/
.
Authority for This Rulemaking
The U.S. Government has exclusive sovereignty over the airspace of
the United States.\1\ Under this broad authority, Congress has
delegated to the Administrator extensive and plenary authority to
ensure the safety of aircraft and the efficient use of the Nation's
navigable airspace. In this regard, the Administrator is required to
assign by regulation or order use of the airspace to ensure its
efficient use.\2\
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\1\ 49 U.S.C. 40103(a).
\2\ 49 U.S.C. 40103(b)(1).
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The FAA's broad statutory authority to manage the efficient use of
airspace encompasses management of the nationwide system of air
commerce and air traffic control. To ensure the efficient use of the
airspace, the FAA must take steps to prevent congestion at an airport
from disrupting or adversely affecting the air traffic system for which
the FAA is responsible. Inordinate delays of the sort experienced at
O'Hare in late 2003 and much of 2004 can have a crippling effect on
other parts of the system, causing significant losses in time and money
for individuals and businesses, as well as the air carriers and other
operators at O'Hare and beyond. This rule facilitates the Agency's
exercise of its authority to manage the safe and efficient use of the
navigable airspace.
Background
Since November 2003, O'Hare has suffered an inordinate and
unacceptable number of delays as the result of over-scheduling at the
airport, which was also having a crippling effect on the entire
National Airspace System. In August 2004, the FAA intervened by
ordering a limit on the number of scheduled arrivals at the airport
during the peak operating hours of 7 a.m. through 8:59 p.m., Central
Time, effective November 1, 2004, so that the system could return to a
reasonably balanced level of operations and delay.\3\
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\3\ Operating Limitations at Chicago International Airport.
Docket No. FAA-2004-16944.
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On October 20, 2004, we published a notice of proposed rulemaking
(NPRM) seeking public comments on a proposed reservation system for
unscheduled arrivals at O'Hare (69 FR 61708). Effective November 1,
2004, and while this rulemaking was pending, we implemented a
corresponding voluntary reservation program for unscheduled arrivals
using the general procedures followed during Special Traffic Management
Programs and the High Density Rule.
On July 8, 2005, the FAA published SFAR No. 105, ``Reservation
System for Unscheduled Arrivals at Chicago's O'Hare International
Airport'' (70 FR 39610). As stated in SFAR No. 105, the benefits
achieved by the FAA's August 18 Order would dissipate if certain
operations at the airport remained capped but other operations were
permitted to grow. SFAR No. 105 maintained the historical level of
unscheduled operations at O'Hare and supported other agency actions at
O'Hare that address congestion and delay until additional capacity
exists at the airport.
In SFAR No. 105, we discussed that it may be necessary to extend
this rule limiting unscheduled arrivals at O'Hare to coincide with a
final rule addressing scheduled arrivals, if adopted, or with an
extension of the August 2004 Order. The NPRM addressing scheduled
arrivals at O'Hare was published on March 25, 2005 (70 FR 15520).
[[Page 64112]]
On November 2, 2005, we extended the expiration date on SFAR No.
105 until March 31, 2006. On March 31, 2006, we extended the expiration
date on No. 105 through October 28, 2006,\4\ to maintain the current
operating environment at the airport while we considered comments to
the proposed rule for scheduled arrivals.
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\4\ The limits on unscheduled arrivals do not apply on
Saturdays.
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On August 29, 2006, the FAA published the ``Congestion and Delay
Reduction at Chicago O'Hare International Airport'' final rule. That
final rule codifies the limit on scheduled arrivals initially imposed
under the FAA's August 2004 Order and will expire on October 31, 2006.
The rationale supporting SFAR 105 remains valid, in that the benefits
achieved under the August 2004 Order and now expected to continue under
the Congestion and Delay Reduction final rule would dissipate if other
operations at the airport were permitted to grow. Consequently, it is
imperative to maintain the limits imposed by this SFAR, during the same
timeframe as the Congestion and Delay Reduction final rule, until
additional capacity is available at the airport.
Therefore, we find that notice and comment procedures under 5
U.S.C. section 553(b) are impracticable and contrary to the public
interest. We further find that good cause exists to make this rule
effective in less than 30 days.
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.
Paperwork Reduction Act
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), the FAA submitted a copy of the new information collection
requirements(s) in this final rule to the Office of Management and
Budget (OMB) for its review. OMB approved the collection of this
information and assigned OMB Control Number 2120-0694.
An agency may not collect or sponsor the collection of information,
nor may it impose an information collection requirement, unless it
displays a currently valid OMB control number. The OMB Control Number
for this information collection is 2120-0694.
Executive Order 12866 and DOT Regulatory Policies and Procedures
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 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 SFAR
extension.
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 rule 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:
In the preamble of SFAR No. 105, the FAA stated that we might
consider extending SFAR 105 for a time period that would coincide with
a final rule limiting scheduled operations. The FAA is extending this
SFAR through October 31, 2008, to maintain the current level of
operations at O'Hare consistent with the final rule published on August
29, 2006, that addresses scheduled operations at the airport. In the
final economic assessment of SFAR No. 105, the FAA found that the rule
provided system delay benefits at a minimal cost. The FAA finds that
this extension is cost beneficial and will continue to provide system
delay benefits at minimal cost.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a
principle of regulatory issuance that agencies shall endeavor,
consistent with the objective of the rule and of applicable statutes,
to fit regulatory and informational requirements to the scale of the
business, organizations, 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 economic 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 extends the expiration date of SFAR No. 105, which
provides for fewer airport delays at a minimum cost. Just as in the
initial and final regulatory flexibility analyses, the FAA expects
there will be a substantial number of small entities affected by the
extension of this final SFAR, however, the economic effect will
continue to be insignificant. Therefore, as the FAA Administrator, I
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
[[Page 64113]]
appropriate, that they be the basis for U.S. standards.
The FAA has assessed the potential effect of the extension of this
final rule and determined that it will not have an effect on foreign
commerce.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (the Act), enacted as Pub.
L. 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.'' 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 312f, 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.
The Amendment
0
For the reasons set forth above, the Federal Aviation Administration is
amending chapter I of title 14 Code of Federal Regulations as follows:
PART 93--SPECIAL AIR TRAFFIC RULES AND AIRPORT TRAFFIC
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. Section 9 of Special Federal Aviation Regulation (SFAR) No. 105 is
revised to read as follows:
Special Federal Aviation Regulation No. 105--Operating Limitations for
Unscheduled Operations at Chicago's O'Hare International Airport
* * * * *
Section 9. Expiration. This Special Federal Aviation Regulation
expires at 9 p.m., Central Time, on October 31, 2008, unless sooner
terminated.
Issued in Washington, DC on October 26, 2006.
Marion C. Blakey,
Administrator.
[FR Doc. 06-9000 Filed 10-27-06; 12:36 pm]
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