[Federal Register Volume 76, Number 11 (Tuesday, January 18, 2011)]
[Rules and Regulations]
[Page 2802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-863]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 77
[Docket No. FAA-2006-25002; Amendment No. 77-13-A]
RIN 2120-AH31
Safe, Efficient Use and Preservation of the Navigable Airspace;
Correction
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; correction.
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SUMMARY: The FAA is correcting the regulation addressing the effective
date of FAA determinations issued under 14 CFR part 77. The FAA amended
this regulation by final rule published on July 21, 2010. The purpose
of the final rule was to update the regulations governing objects that
may affect the navigable airspace, to incorporate case law and
legislative action, and to simplify the rule language. In one section
of the regulations, we inadvertently state that the effective date of
all determinations is 40 days from the date of issuance. However, only
FAA determinations subject to the discretionary review process are
effective 40 days from the date of issuance. All other FAA
determinations are effective upon issuance. This document corrects that
error.
DATES: Effective January 18, 2011.
FOR FURTHER INFORMATION CONTACT: Ellen Crum, Air Traffic Organization,
Airspace, Regulations and ATC Procedures Group, 800 Independence Ave.,
SW., Washington, DC 20591. (202) 267-8783; e-mail: ellen.crum@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
On July 21, 2010 (75 FR 42296), we published a final rule that
updated the FAA's notice and obstruction standards requirements in
Title 14 of the Code of Federal Regulations (14 CFR) part 77. These
regulations had not been updated in many years, and we found it
necessary to update them to incorporate case law and legislative
action, and to simplify the rule language.
In the preamble discussion for the Notice of Proposed Rulemaking,
the FAA proposed and subsequently adopted in the final rule that a
Determination of Hazard or a Determination of No Hazard will become
effective 40 days from the date of issuance, unless a petition for
discretionary review is filed and received by the FAA within 30 days
from the date of issuance. (See 71 FR 34028, 34037 and 75 FR 42296,
respectively, published on June 13, 2006 and July 21, 2010.)
Consequently, Sec. 77.33(a), as adopted in the final rule, states ``A
determination issued under this subpart is effective 40 days after the
date of issuance, unless a petition for discretionary review is
received by the FAA * * *''
As written, this requirement incorrectly applies to all FAA
determinations. The FAA's intent was to prevent a determination from
becoming effective in the event that a petition for discretionary
review was filed for a particular aeronautical study. Section 77.33(a)
should have provided two effective dates. For determinations that are
not subject to discretionary review, the effective date continues to be
the date of issuance, which is consistent with the current rule. For
determinations that are subject to the discretionary review process,
these determinations will become effective 40 days from the date of
issuance, unless a petition for discretionary review has been filed.
Therefore, we find that paragraph (a) of this section must be corrected
to provide the above two effective dates.
Accordingly, in the final rule, FR Doc. 2010-17767, published on
July 21, 2010 (75 FR 42296), make the following corrections:
Sec. 77.33 [Corrected]
0
1. On page 42307, in the second column, in Sec. 77.33, the text of
paragraph (a) is corrected to read as follows:
Sec. 77.33 Effective period of determinations.
(a) The effective date of a determination not subject to
discretionary review under 77.37(b) is the date of issuance. The
effective date of all other determinations for a proposed or
existing structure is 40 days from the date of issuance, provided a
valid petition for review has not been received by the FAA. If a
valid petition for review is filed, the determination will not
become final, pending disposition of the petition.
* * * * *
Issued in Washington, DC on January 12, 2011.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. 2011-863 Filed 1-14-11; 8:45 am]
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