[Federal Register Volume 68, Number 92 (Tuesday, May 13, 2003)]
[Rules and Regulations]
[Pages 25486-25488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11922]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 1 and 11

[Docket No. FAA-2003-15134, Amdt. Nos. 1-51 and 11-48] [Docket No. DOT 
20860]


Revision of Public Aircraft Definition

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; technical amendment.

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SUMMARY: The Federal Aviation Administration is amending its 
regulations to conform them to the statutory definition of ``public 
aircraft,'' as revised by the Wendell H. Ford Aviation Investment and 
Reform Act for the 21st Century. This amendment is necessary to make 
the definition and requirements in the regulations consistent with 
those in the statute. This amendment also restores to the regulation a 
description of the statutory requirements for units of government to 
obtain exemptions for their civil aircraft.

EFFECTIVE DATE: May 13, 2003.

FOR FURTHER INFORMATION CONTACT: David Catey, (AFS-220), Flight 
Standards Service; Federal Aviation Administration, 800 Independence 
Avenue, SW., Washington, DC 20591, (202) 267-8094.

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 Office of Rulemaking's Web page at http://www.faa.gov/avr/arm/index.cfm; or
    (3) Accessing the Government Printing Office's Web page at http://www.access.gpo.gov/su_docs/aces/aces140.html.
    You can also get a copy by submitting 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.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act

[[Page 25487]]

statement in the Federal Register published on April 11, 2000 (Volume 
65, Number 70; Pages 19477-78) or you may visit http://dms.dot.gov.

Background

    On April 5, 2000, the Wendell H. Ford Aviation Investment and 
Reform Act for the 21st Century (AIR-21) was signed into law as Public 
Law 106-181. Among other provisions, the law revised the statutory 
definition of the term ``public aircraft.'' This technical amendment 
revises the definition of ``public aircraft'' in title 14 of the Code 
of Federal Regulations to conform to the statutory definition in Public 
Law 106-181.
    The distinction between civil and public aircraft is that public 
aircraft are excepted from many FAA regulations. The changes enacted in 
AIR-21 did not substantively change the definition of public aircraft. 
Rather, Congress sought to clarify an overly complex statutory 
definition: ``[t]he purpose and intent of Congress in adding section 
702 to H.R. 1000 [AIR-21] is solely to replace old convoluted language 
(laden with multiple negatives) with positive language that states 
existing law in terms that are readily understood by both the nation's 
aviation community and the general public. Nothing in section 702 
should be interpreted as a change in current public policy relating to 
public aircraft.'' (H.R. Rep. No. 106-167, pt. 1, at 91 (1999)). This 
technical amendment involves no exercise of agency discretion, as the 
statutory definition is already the controlling legal authority.

Disposition of Comments to Previous Revision

    Prior to the enactment of AIR-21, Congress revised the definition 
of ``public aircraft'' in the Independent Safety Board Act Amendments 
of 1994 (Pub. L. 103-411, enacted on October 25, 1994). Public Law 103-
411 substantively changed the definition of public aircraft, and 
further, it gave the Administrator of the FAA the authority to grant 
exemptions to government entities whose operations lost public aircraft 
status as a result of Public Law 103-411 (Pub. L. 103-411, section 
3(b)).
    In 1995, the FAA issued a final rule amending the definition of 
public aircraft in 14 CFR 1.1 (60 FR 5074, January 25, 1995). The FAA 
also requested comments from the public on this action. The FAA 
received 14 comments on the rule, with the majority expressing concern 
over exemptions rather than the definition of ``public aircraft.''
    The National Association of State Aviation Officials and a county 
law enforcement agency commented that new requirements on 
``compensation'' and ``commercial purpose'' would severely impair law 
enforcement agencies' ability to cooperate and respond to disasters 
properly. These comments are no longer applicable because of the 
statutory revision in 2000.
    The Professional Aviation Maintenance Association supported the 
rule without further comment. All other commenters were air carriers 
that supported the rule but opposed allowing an excessive number of 
exemptions under the then-new statutory authority.

Revised Definition of Public Aircraft

    This technical amendment changes the definition of ``public 
aircraft'' to adopt the statutory definition in Public Law 106-181 and 
as codified in 49 U.S.C. 40102. The amended definition also contains 
the qualifications for public aircraft status from Public Law 106-181 
and as codified in 49 U.S.C. 40125. This technical amendment also 
restores to 14 CFR part 11 the language of Public Law 103-411 
concerning statutory exemptions for government entities whose aircraft 
lost public aircraft status as a result of that revision. This language 
was omitted in the revision of part 11 in 2000.

No Notice--Immediate Adoption of Change

    The FAA has not conducted notice and comment procedures for this 
rule. Notice and comment are not required when it would be 
``impracticable, unnecessary, or contrary to the public interest.'' See 
5 U.S.C. 553(b). This technical amendment will make the regulations 
consistent with the statute and will have no substantive legal effect. 
Therefore, the FAA finds that notice and comment are unnecessary. This 
amendment will take effect immediately, as it is not a substantive 
amendment that requires a 30-day period between publication in the 
Federal Register and the effective date. See 5 U.S.C. 553(d).

Rulemaking Analyses

    This regulation imposes no additional burden or requirement on the 
regulated industry, any person, or organization. Therefore, we have 
determined the action is not a significant rule under Executive Order 
12866 or under Department of Transportation Regulatory Policy and 
Procedures. Also, because this regulation is editorial in nature, the 
FAA expects minimal impact and finds that a full regulatory evaluation 
is not required since the regulation will simply conform to the 
statute. 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 1

    Air transportation.

14 CFR Part 11

    Administrative practice and procedure, Reporting and recordkeeping 
requirements.

0
In consideration of the foregoing, the Federal Aviation Administration 
amends 14 CFR parts 1 and 11 as follows:

PART 1--DEFINITIONS AND ABBREVIATIONS

0
1. The authority citation for part 1 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


0
1. In Sec.  1.1 revise the definition of ``public aircraft'' to read as 
follows:


Sec.  1. 1  General definitions.

* * * * *
    Public aircraft means any of the following aircraft when not being 
used for a commercial purpose or to carry an individual other than a 
crewmember or qualified non-crewmenber:
    (1) An aircraft used only for the United States Government; an 
aircraft owned by the Government and operated by any person for 
purposes related to crew training, equipment development, or 
demonstration; an aircraft owned and operated by the government of a 
State, the District of Columbia, or a territory or possession of the 
United States or a political subdivision of one of these governments; 
or an aircraft exclusively leased for at least 90 continuous days by 
the government of a State, the District of Columbia, or a territory or 
possession of the United States or a political subdivision of one of 
these governments.
    (i) For the sole purpose of determining public aircraft status, 
commercial purposes means the transportation of persons or property for 
compensation or hire, but does not include the operation of an aircraft 
by the armed forces for reimbursement when that reimbursement is 
required by any Federal statute, regulation, or directive, in effect on 
November 1, 1999, or by one government on behalf of another government 
under a cost reimbursement agreement if the

[[Page 25488]]

government on whose behalf the operation is conducted certifies to the 
Administrator of the Federal Aviation Administration that the operation 
is necessary to respond to a significant and imminent threat to life or 
property (including natural resources) and that no service by a private 
operator is reasonably available to meet the threat.
    (ii) For the sole purpose of determining public aircraft status, 
governmental function means an activity undertaken by a government, 
such as national defense, intelligence missions, firefighting, search 
and rescue, law enforcement (including transport of prisoners, 
detainees, and illegal aliens), aeronautical research, or biological or 
geological resource management.
    (iii) For the sole purpose of determining public aircraft status, 
qualified non-crewmember means an individual, other than a member of 
the crew, aboard an aircraft operated by the armed forces or an 
intelligence agency of the United States Government, or whose presence 
is required to perform, or is associated with the performance of, a 
governmental function.
    (2) An aircraft owned or operated by the armed forces or chartered 
to provide transportation to the armed forces if--
    (i) The aircraft is operated in accordance with title 10 of the 
United States Code;
    (ii) The aircraft is operated in the performance of a governmental 
function under title 14, 31, 32, or 50 of the United States Code and 
the aircraft is not used for commercial purposes; or
    (iii) The aircraft is chartered to provide transportation to the 
armed forces and the Secretary of Defense (or the Secretary of the 
department in which the Coast Guard is operating) designates the 
operation of the aircraft as being required in the national interest.
    (3) An aircraft owned or operated by the National Guard of a State, 
the District of Columbia, or any territory or possession of the United 
States, and that meets the criteria of paragraph (2) of this 
definition, qualifies as a public aircraft only to the extent that it 
is operated under the direct control of the Department of Defense.
* * * * *

PART 11--GENERAL RULEMAKING PROCEDURES

0
3. The authority citation for part 11 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40101, 40103, 40105, 40109, 40113, 
44110, 44502, 44701-44702, 44711, and 46102.


0
4. Add new Sec.  11.103 to read as follows:


Sec.  11.103  What exemption relief may be available to federal, state, 
and local governments when operating aircraft that are not public 
aircraft?

    The Federal Aviation Administration may grant a federal, state, or 
local government an exemption from part A of subtitle VII of title 49 
United States Code, and any regulation issued under that authority that 
is applicable to an aircraft as a result of the Independent Safety 
Board Act Amendments of 1994, Public Law 103-411, if--
    (a) The Administrator finds that granting the exemption is 
necessary to prevent an undue economic burden on the unit of 
government; and
    (b) The Administrator certifies that the aviation safety program of 
the unit of government is effective and appropriate to ensure safe 
operations of the type of aircraft operated by the unit of government.

    Issued in Washington, DC on May 5, 2003.
Donald P. Byrne,
Assistant Chief Counsel, Regulations Division.
[FR Doc. 03-11922 Filed 5-12-03; 8:45 am]
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