[Federal Register Volume 61, Number 86 (Thursday, May 2, 1996)]
[Rules and Regulations]
[Pages 19784-19786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10824]
[[Page 19783]]
_______________________________________________________________________
Part VII
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
14 CFR Part 159
Removal of Part 159; National Capital Airports; Final Rule
Federal Register / Vol. 61, No. 86 / Thursday, May 2, 1996 / Rules
and Regulations
[[Page 19784]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 159
[Docket No. 28556; Amendment No. 159-32]
RIN 2120-AG05
Removal of Part 159; National Capital Airports
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comment.
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SUMMARY: The FAA is removing part 159, entitled ``National Capital
Airports,'' from Title 14, Code of Federal Regulations (14 CFR). That
part has prescribed regulations for the use and occupancy of Washington
National Airport and Washington Dulles International Airport, which now
are operated by the Washington Metropolitan Airports Authority and not
by the Federal government. Similar regulations have been adopted by the
Airports Authority, and the Federal regulations no longer govern use
and occupancy at either airport. This rulemaking action will remove
unnecessary Federal regulations from the Code of Federal Regulations.
EFFECTIVE DATE: The final rule is effective May 2, 1996. Comments on
this action must be received on or before June 3, 1996.
ADDRESSES: Comments on this notice may be delivered or mailed, in
triplicate, to: Federal Aviation Administration, Office of the Chief
Counsel, Attn: Rules Docket (AGC-200), Docket No. 28556, Room 915G, 800
Independence Avenue, SW., Washington, DC 20591. Comments submitted must
be marked: ``Docket No. 28556.'' Comments may also be sent
electronically to the following internet address:
[email protected]. Comments may be examined in Room 915G on
weekdays, except Federal holidays, between 8:30 a.m. and 5:00 p.m.
FOR FURTHER INFORMATION CONTACT:
Kevin Hehir, Airport Safety and Compliance Branch (AAS-310), Office of
Airport Safety and Standards, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone 202-267-8224.
SUPPLEMENTARY INFORMATION:
Comments Invited
The final rule will remove part 159 from Title 14 of the Code of
Federal Regulations and clarify that the Washington Metropolitan
Airports Authority is responsible for adoption and enforcement of
regulations that apply to National Airport and Dulles International
Airport. This final rule is an administrative and procedural action
consistent with the objectives of Executive Order 12866. Because these
regulations are no longer in effect by operation of law, the final rule
is being adopted without notice and prior public comment. However, DOT
regulatory policies and procedures encourage operating administrations
to provide an opportunity for public comment on regulations issued
without prior notice.
Accordingly, interested persons are invited to participate in this
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments relating to the environmental, energy, federalism,
or economic impact that might result from promulgating the final rule
are also invited. Substantive comments should be accompanied by cost
estimates. All comments received on or before the closing date for
comments will be considered by the agency. The action taken in this
final rule may be changed in light of the comments received. All
comments received both before and after the closing date for comments
will be available for review by interested persons in the Rules Docket.
A report summarizing each substantive public contact with FAA personnel
on this rulemaking will be included in the docket. Commenters who would
like the FAA to acknowledge receipt of comments on this final rule must
include with the comments a preaddressed, stamped postcard that states
``Comments to Docket No. 28556.'' The postcard will be date-stamped and
returned to the commenter.
Background
On October 18, 1986, the Metropolitan Washington Airports Act of
1986 was signed by the President (49 U.S.C. App. 2452 et seq.). The
1986 act authorized the Federal government to transfer operating
responsibility for Washington National Airport and Washington Dulles
International Airport, under a long-term lease of 50 years, to an
independent local agency. That local agency is the Metropolitan
Washington Airports Authority--a public body with regulatory authority
created under the laws of the Commonwealth of Virginia and the District
of Columbia. One of the purposes of the 1986 act was to ``achieve local
control, management, operation, and development'' of both airports (49
U.S.C. App. 2453(a)). Part of that local control includes day-to-day
operation, and regulation of the use and occupancy, of both airports by
the local Airports Authority.
In the 1986 act, Congress provided a mechanism to facilitate smooth
transition of operational control and responsibility to the Airports
Authority, such as ensuring the continuation of regulations that
governed the use and occupancy of National Airport and Dulles
International Airport. Under Sec. 6005(c)(5) of the act (49 U.S.C. App.
2455(c)(5)), the regulations in part 159 were to become the regulations
of the Metropolitan Washington Airports Authority on June 7, 1987, the
date the long-term lease between the Federal government and the
Airports Authority was effective. Under the 1986 act, those regulations
were to be effective as regulations of the Airports Authority until
modified or revoked by the Airports Authority under procedures
developed for such administrative actions.
This transition mechanism was intended to enable the Metropolitan
Washington Airports Authority to continue to rely on the Federal
regulations, with certain exceptions noted in the 1986 act, for only a
short time. However, on April 1, 1987, the Metropolitan Washington
Airports Authority adopted its own regulations for National Airport and
Dulles International Airport by Resolution 87-5. Thus, use and
occupancy regulations actually were effective shortly after formation
of the Airports Authority on October 18, 1986, and several months in
advance of the lease effective date of June 7, 1987. Adoption of those
regulations by the Airports Authority essentially eliminated the need
for regulations contained in 14 CFR part 159.
Congress authorized the Airports Authority to ``* * * maintain,
improve, operate, protect, and promote * * *'' the Washington
Metropolitan Airports (49 U.S.C. 2457(c).) The Airports Authority's
regulations, adopted in 1987, assist the daily operation of the
airports and have been effective and used continuously by the Airports
Authority and the public since the creation of the local entity and the
transfer of both airports. Copies of the regulations generally are
available at local libraries near either airport and upon request from
the Office of Legal Counsel for the Metropolitan Washington Airports
Authority. The Office of Legal Counsel is located in Alexandria,
Virginia; the telephone number is (703) 739-8615.
[[Page 19785]]
Recent Regulatory Reviews
Both DOT and the FAA have conducted regulatory reviews and
requested comment on regulations that could be eliminated to reduce any
unnecessary or undue regulatory burdens consistently with the FAA's
statutory safety, security, and public interest responsibilities. (See
57 FR 4744, February 7, 1992; 59 FR 1362, January 10, 1994.) There were
no comments supporting retention or advocating elimination of part 159
in response to either request for comment. In both notices of
regulatory review, DOT and the FAA stated that changes, including
repeal where appropriate, would be considered to ensure that
regulations and regulatory programs were consistent with Presidential
direction regarding the regulatory review. Eliminating the regulations
in part 159 is consistent with the requirements of Executive Order
12866 (September 30, 1993). Specifically, that order requires Federal
agencies to ``identify regulations that are cumulative, obsolete, or
inconsistent, and where appropriate, eliminate or modify them.''
This action will not alter any existing responsibility for, or the
enforcement of, the regulations that now apply to use and occupancy of
Washington National Airport and Washington Dulles International
Airports. Despite legal challenges to certain provisions of the 1986
act, the validity of the regulations adopted in 1987 by the Airports
Authority has not been questioned. (See 501 U.S. 252 (1991) and 36 F.3d
97 (1994), 115 S.Ct. 934 (1995).) In addition, a specific savings
clause included in subsequent legislation enacted in 1991 would ensure
the continued vitality of the regulations adopted in 1987. (See 7004(b)
of Pub. L. 102-240, December 18, 1991.) The Airports Authority, the
Federal government, and the public continue to rely on the local
regulations, and not the Federal regulations in part 159, for use and
operations at both airports. The FAA does not envision any future need
for the Federal regulations on the part of the Federal government, the
general public, or the Airports Authority. Continued publication of
these regulations is neither necessary nor cost-effective and they
should be removed from the CFR.
Paperwork Reduction Act
There is no requirement to collect or submit information associated
with this rulemaking. Any information collection requirements
associated with part 159 will be eliminated when this part is removed
from the Code of Federal Regulations. Therefore, there are no issues of
compliance regarding the Paperwork Reduction Act of 1980 (Pub. L. 96-
5111), as amended by the Paperwork Reduction Act of 1995 (Pub. L. 104-
13, May 22, 1995), or OMB implementing regulations (60 FR 44978; August
29, 1995).
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 was enacted by Congress to
ensure that small entities are not unnecessarily or disproportionately
burdened by regulations. The Act requires Federal agencies to analyze
the economic effect of regulatory changes on small entities. A
regulatory flexibility analysis is required if a proposal will have a
significant economic impact on a substantial number of small business
entities. Removing these obsolete and possibly inconsistent regulations
that apply only to the Washington Metropolitan Airports will not have a
significant effect on any small business entities under the criteria of
the Regulatory Flexibility Act or FAA Order 2100.14A, ``Regulatory
Flexibility Criteria and Guidance,'' which establishes threshold costs
and size standards to assist compliance with the act.
International Trade Impact Analysis
The Office of Management and Budget directs Federal agencies to
assess the effect of regulatory changes on international trade.
Removing part 159 will have no impact on trade for U.S. firms doing
business in foreign countries or foreign firms doing business in the
United States. Thus, adopting this final rule will not constitute a
barrier to international trade.
Federalism Implications
The final rule will not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government. In fact, adopting this final rule is
consistent with the transfer of operating authority and responsibility
to a local public entity as directed by Congress in the Washington
Metropolitan Airports Act of 1986. Therefore, in accordance with
Executive Order 12612, this final rule does not have sufficient
federalism impacts to warrant the preparation of a federalism
assessment.
Conclusion
Removing part 159 from the Code of Federal Regulations is not a
significant regulatory action under the criteria in Executive Order
12866, entitled ``Regulatory Planning and Review,'' issued on September
30, 1993 (58 FR 51735; October 4, 1993), or the guidance issued by the
Office of Management and Budget for implementation of E.O. 12866 (dated
October 12, 1993). This rulemaking action also is not significant under
DOT Order 2100.5, ``Policies and Procedures for Simplification,
Analysis, and Review of Regulations.'' Removing part 159 is not
expected to have any economic impact on the use and occupancy or daily
operation of the Washington Metropolitan Airports. The FAA has not
identified any specific economic consequences attributable to
eliminating these redundant regulations. To the extent this rulemaking
action has any economic impact, the only impact will be the savings to
the Federal government realized by discontinuing publication of this
part in the CFR. If there are any costs or benefits associated with
removing part 159, the FAA expects their value, if any, to be minimal
under the criteria of applicable Executive Orders, statutes, or
regulations. Since there are no costs expected to accrue and only
minimal benefits are anticipated, the FAA is not required to prepare a
full regulatory evaluation of this final rule.
Reason for No Notice and Immediate Adoption
Under Sec. 6005(c)(5) of the Metropolitan Airports Act of 1986 (49
U.S.C. App. 2455(c)(5)), the regulations in part 159 were to become the
regulations of the Metropolitan Washington Airports Authority on June
7, 1987, the date the long-term lease between the Federal government
and the Airports Authority was effective. Under the 1986 act, those
regulations were to be effective as regulations of the Airports
Authority, until modified or revoked by the Airports Authority, under
procedures developed for such administrative actions.
On April 1, 1987, the Metropolitan Washington Airports Authority
adopted its own regulations for National Airport and Dulles
International Airport by Resolution 87-5. Thus, local use and occupancy
regulations actually were effective shortly after formation of the
Airports Authority on October 18, 1986, and several months in advance
of the lease effective date on June 7, 1987. The regulations authorized
by Congress and adopted by the local agency for the expressed purpose
of transferring
[[Page 19786]]
operating authority and responsibility for the airports have been
effective and used continuously by the Airports Authority and the
public since the creation of the local entity and the transfer of both
airports. The regulations are generally available at local libraries
near either airport and are available upon request from the Office of
Legal Counsel for the Metropolitan Washington Airports Authority.
Adoption of the final rule, therefore, will have no effect on
operations of the Metropolitan Washington Airports, the users of the
airport, the general public, the Airports Authority, or the Federal
government.
Accordingly, notice and public comment are unnecessary. In
addition, good cause exists, under Sec. 553(d) of the Administrative
Procedure Act (5 U.S.C. 553(d)), to make this amendment effective in
fewer than 30 days. In accordance with DOT regulatory policies and
procedures, an opportunity for public comment on the final rule is
provided.
List of Subjects in 14 CFR Part 159
Air carriers, Air traffic control, Aircraft, Airports, District of
Columbia, Federal buildings and facilities, Fire prevention, Law
enforcement. Reporting and recordkeeping requirements, Security
measures, Traffic regulations.
The Amendment
Accordingly, pursuant to 49 U.S.C. 44701, the Federal Aviation
Administration amends 14 CFR by removing part 159.
Issued in Washington, DC, on April 26, 1996.
David R. Hinson,
Administrator.
[FR Doc. 96-10824 Filed 5-1-96; 8:45 am]
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