[Federal Register Volume 67, Number 91 (Friday, May 10, 2002)]
[Rules and Regulations]
[Pages 31932-31933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11658]



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Part VI





Department of Transportation





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Federal Aviation Administration



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14 CFR Parts 91, 121, and 139



Civil Aviation Security Rules; Final Rule

  Federal Register / Vol. 67, No. 91 / Friday, May 10, 2002 / Rules and 
Regulations  

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 91, 121, and 139

[Docket No. TSA-2002-11602; Amendment Nos. 91-274; 121-275; 139-25]
RIN 2110-AA03


Civil Aviation Security Rules

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, technical amendment.

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SUMMARY: The Federal Aviation Administration (FAA) is making minor 
technical changes to a final rule published in the Federal Register on 
February 22, 2002, effective February 17, 2002. That final rule 
transferred certain FAA regulations to the Transportation Security 
Administration (TSA) and removed parts 107, 108, 109, 191, and Special 
Federal Aviation Regulation (SFAR) No. 91 from title 14 of the Code of 
Federal Regulations. The final rule, however, did not make conforming 
amendments to several cross-references to parts 107 and 108 appearing 
elsewhere in the FAA's regulations. This technical amendment conforms 
the cross-references to parts 107 and 108. These changes are not 
substantive in nature and will not impose any additional burden or 
restriction on persons or organizations affected by these regulations.

EFFECTIVE DATE: May 10, 2002.

FOR FURTHER INFORMATION CONTACT: Mardi Thompson, Transportation 
Security Administration, 400 Seventh Street SW., Washington, DC 20590; 
telephone 202-493-1227.

SUPPLEMENTARY INFORMATION:

Background

    The September 11, 2001, terrorist attacks and the potential for 
future attacks led Congress to enact the Aviation and Transportation 
Security Act, Public Law 107-71, November 19, 2001, which established 
the TSA as an administration within the Department of Transportation. 
On February 22, 2002, the FAA published in the Federal Register (67 FR 
8340) a document that transferred the regulations on civil aviation 
security from the FAA to the newly created TSA, and removed parts 107, 
108, 109, 191, and SFAR No. 91. However, we did not include conforming 
amendments to certain cross-references to parts 107 and 108, which are 
now obsolete. This technical amendment makes the appropriate technical 
changes to conform obsolete references to parts 107 and 108.

Removal of SFAR No. 95

    Two references to part 108 were found in SFAR No. 95 in part 91 of 
title 14. SFAR No. 95 is a temporary regulation related to a specific 
event. SFAR No. 95 concerns Airspace and Flight Operations Requirements 
for the 2002 Winter Olympic Games, Salt Lake City, Utah, and expired on 
February 25, 2002. When an SFAR expires, the Office of the Federal 
Register does not automatically remove it from the regulations. The 
agency is required to publish an amendment to accomplish the removal of 
an expired SFAR from the Code of Federal Regulations. Since SFAR No. 95 
expired on February 25, 2002, and is no longer in effect, we are 
removing SFAR No. 95 from the regulations rather than correcting the 
references.

Immediately Adopted Final Rule

    Under the Administrative Procedure Act, an agency does not have to 
issue a notice of proposed rulemaking when the agency for good cause 
finds that notice and public procedure are ``impracticable, 
unnecessary, or contrary to the public interest.'' See 5 U.S.C. 553(b). 
Because this technical amendment simply corrects inaccurate references, 
we find that publishing the change 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 change effective immediately upon publication in the Federal 
Register. It is in the public interest to remove these inaccurate 
references from our regulations without further delay.

Regulatory Analyses

    This regulation is editorial in nature and imposes no additional 
burden on any person or organization. Accordingly, we have determined 
that the action is not a significant rule under Executive Order 12866 
or under Department of Transportation Regulatory Policy and Procedures. 
No impact is expected to result, and a full regulatory evaluation is 
not required. In addition, the FAA certifies that 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 91

    Afghanistan, Agriculture, Air traffic control, Aircraft, Airmen, 
Airports, Aviation safety, Canada, Cuba, Freight, Mexico, Noise 
control, Political candidates, 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 139

    Air carriers, Airports, Aviation safety, Reporting and 
recordkeeping requirements.

    In consideration of the foregoing, the Federal Aviation 
Administration amends parts 91, 121, and 139 of title 14 of the Code of 
Federal Regulations as follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES

    1. 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, 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).


SFAR No. 95  [Removed]

    2. Remove SFAR No. 95 from part 91.

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL 
OPERATIONS

    3. 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.


Sec. 121.575  Alcoholic beverages.

    4. Amend Sec. 121.575(b)(2) by removing ``Sec. 108.21'' and adding 
in its place ``49 CFR 1544.221''.
    5. Amend Sec. 121.575(b)(3) by removing ``Sec. 108.11'' and adding 
in its place Sec. 49 CFR 1544.219, 1544.221, or 1544.223''.

PART 139--CERTIFICATION AND OPERATIONS: LAND AIRPORTS SERVING 
CERTAIN AIR CARRIERS

    6. The authority citation for part 139 continues to read as 
follows:


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    Authority: 49 U.S.C. 106(g), 40113, 44701-44706, 44709, 44719.


Sec. 139.335  Public protection.

    7. Amend Sec. 139.335(b) by removing ``part 107 of this chapter'' 
and adding in its place ``49 CFR part 1542''.

    Issued in Washington, DC, on May 3, 2002.
Donald P. Byrne,
Assistant Chief Counsel for Regulations.
[FR Doc. 02-11658 Filed 5-9-02; 8:45 am]
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