[Federal Register Volume 76, Number 32 (Wednesday, February 16, 2011)]
[Rules and Regulations]
[Pages 8892-8894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3467]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 21, 61, 63, 91, 93, 121, 135, 142, 145, and 183
[Docket No. FAA-2011-0092; Amendment Nos. 21-93, 61-126, 63-38, 77-14,
91-320, 93-96, 121-352, 135-123, 142-6, 145-28, 183-14]
Removal of Expired Federal Aviation Administration Regulations
and References
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; technical amendment.
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SUMMARY: The Federal Aviation Administration (FAA) is making minor
technical changes to its regulations by removing expired Special
Federal Aviation Regulations (SFARs) and cross-references, as well as
other expired or obsolete regulations. None of these changes are
substantive in nature since the regulations in question have expired
and are not currently in effect. This technical amendment is necessary
to update our regulations. The rule will not impose any additional
burden or restriction on persons or organizations affected by these
regulations.
DATES: Effective February 16, 2011.
FOR FURTHER INFORMATION CONTACT: Jackie Smith, (202) 267-9682; Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, DC
20591; e-mail [email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA periodically issues temporary regulations in 14 CFR called
Special Federal Aviation Regulations (SFARs). These SFARs are typically
necessary for a finite period of time, and usually specify an
expiration date within the regulatory text. Additionally, certain
subparts have specified expiration dates within the regulatory text.
Currently, 14 CFR contains several SFARs, subparts, and sections that
have become unnecessary or have expiration dates that have passed. To
maintain an accurate body of regulations, we are removing and/or
amending SFAR Nos. 36, 80, 92-5, 93, 98, 101-1; Subparts J and M of
part 21; Subpart B of part 93; Sec. Sec. 91.146(b), 121.360, 135.153,
183.61(a)(1), 183.63, and corresponding references. The following
tables are presented for the reader's convenience.
Table 1--Expired SFARs
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SFARs
Part(s) removed Expiration date
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61, 63, 135, 142................... 93 11/30/2001.
77................................. 98 01/20/2009.
121, 145........................... 36 11/14/2009.
121................................ 80 03/12/2001.
121................................ 92-5 07/31/2003 and 10/01/
2003.
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Table 2--Expired Subparts and Sections
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Subparts and
Parts sections amended/ Expiration
removed date
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21................................ Subparts J and M.... 11/14/2006
91................................ Sec. 91.147(b).... 09/11/2007
93................................ Subpart B........... 10/31/2008
121............................... Sec. 121.360...... 03/29/2005
135............................... Sec. 135.153...... 03/29/2005
183............................... Sec. Sec. 11/14/2006
183.61(a)(1) and
183.63.
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Under the Administrative Procedure Act, an agency doesn't have to
issue a notice of proposed rulemaking when the agency for good cause
finds that public notice and procedure are ``impracticable,
unnecessary, or contrary to the public interest.'' See 5 U.S.C. 553(b).
Because this technical amendment simply removes obsolete regulations
and references, we find that publishing the changes for public notice
and comment is unnecessary.
The Administrative Procedure Act also states that an agency must
publish a substantive rule not less than 30 days before its effective
date, except as otherwise provided by the agency for good cause. See 5
U.S.C. 553(d). We find that this technical amendment imposes no
additional burden or requirement on the regulated industry, and is not
substantive in nature. Moreover, we find that there is good cause to
make the changes effective immediately upon publication in the Federal
Register. It is in the public interest to remove these obsolete
references from our regulations immediately.
This regulation is editorial in nature and imposes no additional
burden on any person or organization. Therefore, we have determined the
action: (1) Is not a significant rule under Executive Order 12866; and
(2) is not a significant rule under Department of Transportation
Regulatory Policy and
[[Page 8893]]
Procedures. No impact is expected as a result of removing these
regulations and a full regulatory evaluation is not required. In
addition, the FAA certifies the rule will not have a significant
economic impact, positive or negative, on a substantial number of small
entities under the criteria of the Regulatory Flexibility Act.
List of Subjects
14 CFR Part 21
Aircraft, Aviation safety, Exports, Imports, Reporting and
recordkeeping requirements.
14 CFR Part 61
Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug abuse,
Recreation and recreation areas, Reporting and recordkeeping
requirements, Security measures, Teachers.
14 CFR Part 63
Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug abuse,
Navigation (air), Reporting and recordkeeping requirements, Security
measures
14 CFR Part 77
Administrative practice and procedure, Airports, Airspace, Aviation
safety, Navigation (air), Reporting and recordkeeping requirements.
14 CFR Part 91
Afghanistan, Agriculture, Air traffic control, Aircraft, Airmen,
Airports, Aviation safety, Canada, Cuba, Ethiopia, Freight, Mexico,
Noise control, Political candidates, Reporting and recordkeeping
requirements, Yugoslavia.
14 CFR Part 93
Air traffic control, Airports, Navigation (air), Reporting and
recordkeeping requirements
14 CFR Part 121
Air carriers, Aircraft, Airmen, Alcohol abuse, Aviation safety,
Charter flights, Drug abuse, Drug testing, Reporting and recordkeeping
requirements, Safety, Transportation.
14 CFR Part 135
Air taxis, Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug
abuse, Drug testing, Reporting and recordkeeping requirements.
14 CFR Part 142
Administrative practice and procedure, Airmen, Educational
facilities, Reporting and recordkeeping requirements, Schools,
Teachers.
14 CFR Part 145
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
14 CFR Part 183
Aircraft, Airmen, Authority delegations (Government agencies),
Health professions, Reporting and recordkeeping requirements.
The Amendments
In consideration of the foregoing, the Federal Aviation
Administration amends parts 21, 61, 63, 77, 91, 93, 121, 135, 145, and
183 of Title 14, Code of Federal Regulations as follows:
PART 21--CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS
0
1. The authority citation for part 21 continues to read as follows:
Authority: 42 U.S.C. 7572; 49 U.S.C. 106(g), 40105, 40113,
44701-44702, 44704, 44707, 44709, 44711, 44713, 44715, 45303.
Subpart J--[Removed and Reserved]
0
2. Remove and reserve Subpart J, consisting of Sec. Sec. 21.231
through 21.293.
Subpart M--[Removed and Reserved]
0
3. Remove and reserve Subpart M, consisting of Sec. Sec. 21.431
through 21.493.
PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS
0
4. The authority citation for part 61 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.
Special Federal Aviation Regulation No. 93 [Removed]
0
5. Remove SFAR No. 93.
PART 63--CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS
0
6. The authority citation for part 63 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.
Special Federal Aviation Regulations No. 93 [Removed]
0
7-9. Remove SFAR No. 93.
PART 91-- GENERAL OPERATING AND FLIGHT RULES
0
10. 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, 44704, 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).
Sec. 91.147 [Amended]
0
11. Amend Sec. 91.147(b) by removing the words ``by September 11,
2007''.
PART 93--SPECIAL AIR TRAFFIC RULES
0
12. The authority citation for part 93 continues to read as follows:
Authority: 42 U.S.C. 7572; 49 U.S.C. 106(g), 40105, 40113,
44701-44702, 44704, 44707, 44709, 44711, 44713, 44715, 45303.
Subpart B--[Removed and Reserved]
0
13. Remove and reserve Subpart B, consisting of Sec. Sec. 93.21
through 93.33.
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
0
14. The authority citation for part 121 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 46105.
Special Federal Aviation Regulation No. 14 [Removed]
0
15. Remove SFAR No. 14.
Special Federal Aviation Regulation No. 36 [Removed]
0
16. Remove SFAR No. 36.
Special Federal Aviation Regulation No. 80 [Removed]
0
17. Remove SFAR No. 80.
Special Federal Aviation Regulation No. 92-5 [Removed]
0
18. Remove SFAR No. 92-5.
Special Federal Aviation Regulation No. 93 [Removed]
0
19. Remove SFAR No. 93.
Sec. 121.360 [Removed and Reserved]
0
20. Remove and reserve Sec. 121.360.
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT
0
21. The authority citation for part 135 continues to read as follows:
Authority: 49 U.S.C. 106(g), 41706, 40113, 44701-44702, 44705,
44709, 44711-44713, 44715-44717, 44722, 45101-45105.
[[Page 8894]]
Special Federal Aviation Regulation No. 36 [Removed]
0
22. Remove SFAR 36.
Special Federal Aviation Regulation No. 93 [Removed]
0
23. Remove SFAR 93.
Sec. 135.153 [Removed and Reserved]
0
24. Remove and reserve Sec. 135.153.
PART 142--TRAINING CENTERS
0
25. The authority citation for part 142 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44703,
44705, 44707, 44709-44711, 45102-45703, 45301-45302.
Special Federal Aviation Regulation No. 93 [Removed]
0
26. Remove SFAR 93.
PART 145--REPAIR STATIONS
0
27. The authority citation for part 145 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44707, 44709,
44717,
Special Federal Aviation Regulation No. 35 [Removed]
0
28. Remove SFAR 36.
PART 183--REPRESENTATIVES OF THE ADMINISTRATOR
0
29. The authority citation for part 183 continues to read as follows:
Authority: 31 U.S.C. 9701; 49 U.S.C. 106(g), 40113, 44702,
45303
Sec. 183.61 [Amended]
0
30. Amend Sec. 183.61 by removing and reserving paragraph (a)(1).
Sec. 183.63 [Amended]
0
31. Amend Sec. 183.63 introductory text by removing the phrase ``or
under the delegation rules of subpart J or M of part 21, or SFAR 36 of
this chapter,''.
Issued in Washington, DC on February 11, 2011.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. 2011-3467 Filed 2-15-11; 8:45 am]
BILLING CODE 4910-13-P