[Federal Register Volume 68, Number 142 (Thursday, July 24, 2003)]
[Proposed Rules]
[Pages 43885-43886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18592]



  Federal Register / Vol. 68, No. 142 / Thursday, July 24, 2003 / 
Proposed Rules  

[[Page 43885]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 21, 61, 65, 77, 107, 109, 121, 135, 145, and 154

[Docket Nos. 23781, 25642, 26305, 27699, and FAA-2001-11172]
RIN 2120-AI02


Withdrawal of Proposed Rules: Miscellaneous Amendments; Improved 
Water Survival Equipment; Objects Affecting Navigable Airspace; Type 
Certificates for Some Surplus Aircraft of the Armed Forces; Procedures 
for Reimbursement of Airports, On-Airport Parking Lot and Vendors of 
On-Airfield Direct Services to Air Carriers for Security Mandates

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Proposed rules; disposition of comments and withdrawal.

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SUMMARY: The FAA is withdrawing several previously published Notices of 
Proposed Rulemaking (NPRMs). This action is necessary because the 
proposed actions have been overcome by events, are no longer relevant, 
or will be addressed in future rulemaking. This action is part of our 
effort to address recommendations of the Government Accounting Office 
and the Management Advisory Council to reduce the number of items in 
the Regulatory Agenda, and to accurately reflect agency initiatives.

FOR FURTHER INFORMATION CONTACT: Alicia K. Douglas, Office of 
Rulemaking (ARM-204), Federal Aviation Administration, 800 Independence 
Avenue, SW., Washington DC 20591, (202) 267-9681, alicia.k. 
[email protected].

SUPPLEMENTARY INFORMATION: 

Miscellaneous Amendments, RIN 2120-AA50

    On October 3, 1983, the FAA published a Notice of Proposed 
Rulemaking (Notice No. 83-13, 48 FR 45214), entitled ``Miscellaneous 
Amendments''. This NPRM proposed to amend various sections of the 
regulations. Some of the changes were editorial corrections, including 
clarifications and reference corrections. Others included relaxing 
certain requirements. The proposal was in response to many complaints, 
suggestions, and petitions for exemptions from users of the National 
Airspace System concerning several regulations. These users stated that 
these regulations contained outdated references and vague, complex, and 
inadequate language. Also, they suggested that, in some instances, the 
benefits gained would not justify the cost of compliance. The comment 
period closed on December 2, 1983.
    Since 1983, when the document was published, all the affected 
sections of 14 CFR have been amended, with the proposed changes 
incorporated and comments dispositioned in the amendments. We are 
withdrawing Notice No. 83-13 (48 FR 45214, October 3, 1983) because the 
proposed changes have been accomplished or are no longer necessary and 
comments have been addressed.

Improved Water Survival Equipment, RIN 2120-AC72

    On June 30, 1988, the FAA published a Notice of Proposed Rulemaking 
(Notice No. 88-11, 53 FR 24890). This NPRM, issued in response to the 
Airport and Airway Safety and Capacity Expansion Act of 1987, proposed 
new requirements for water survival equipment carried onboard aircraft 
for both 14 CFR parts 121 and 135 operators. The comment period closed 
on November 28, 1988.
    The FAA received 118 comments in response to the proposal. More 
than half of the commenters supported the proposal. Forty-six 
commenters, most from part 135 air carriers, opposed the proposal. They 
suggested the costs associated with the proposal far exceeded any 
potential safety benefits, and that a 1984 FAA study had concluded that 
water survival equipment requirements for the U.S. air carrier fleet 
were satisfactory.
    We have considered these comments in the light of the overall 
improvement in emergency safety equipment with the passage of time. We 
find the costs of proceeding with this rulemaking as proposed exceed 
the benefits to the public and that existing water survival equipment 
requirements are satisfactory. Accordingly, the FAA finds it is in the 
public interest to withdraw this proposal. Therefore, the FAA withdraws 
Notice No. 88-11 (53 FR 24890, June 30, 1988).

Objects Affecting Navigable Airspace (Part 77 Revision), RIN 2120-AA09

    On August 3, 1990, the FAA published a Notice of Proposed 
Rulemaking (Notice No. 90-18, 55 FR 31722) proposing to amend 14 CFR 
part 77. This NPRM proposed amendments to the scope, notice 
requirements, and standards applicable to aeronautical studies detailed 
in 14 CFR part 77. Statutory mandates of Public Law No. 100-223 and 
recommendations from the National Airspace Review committee triggered 
the proposed amendments. This notice was corrected in the following 
documents: 55 FR 32999, August 13, 1990; 55 FR 35152, August 28, 1990; 
and 55 FR 37287, September 10, 1990. The correction published on August 
28, 1990, also changed Notice No. 90-18 to Notice No. 90-19. The 
comment period closed on December 31, 1990.
    On October 16, 1995, the FAA issued a Supplemental Notice of 
Proposed Rulemaking (Notice No. 90-19A, 60 FR 53680), proposing an 
amendment to the application of obstruction standards for the 
construction or alteration of objects affecting the navigable airspace. 
This notice did not reopen the proposed action contained in Notice No. 
90-19 or request further comments on its proposals. The comment period 
closed on November 30, 1995.
    In response to these notices, we received over 70 comments from 
individuals, engineering and communications firms, and building 
associations. Because of advances in the telecommunications industry, 
many of the proposals, recommendations, and comments are no longer 
relevant. Further, the proposed regulations no longer completely 
reflect the needs of the FAA's obstruction evaluation program or the 
needs of the industry and the general public. Therefore, we are 
considering a new proposals which would reflect recent technology and 
update the current provisions. We will consider comments received in 
response to the earlier notices in preparing this new proposal, RIN 
2120-AH31.
    We believe withdrawal of these notices would best serve the public 
and the FAA. Therefore, we are withdrawing Notice No. 90-18 (55 FR 
31722, August 3, 1990) and Notice No. 90-19A (60 FR 53680, October 16, 
1995).

Type Certificates for Some Surplus Aircraft of the Armed Forces, RIN 
2120-AE41

    On April 21, 1994, the FAA published a Notice of Proposed 
Rulemaking (Notice 94-12, 59 FR 19114), entitled ``Type Certificates 
for Surplus Aircraft of the Armed Forces''. The NPRM proposed changes 
to remove certain regulations for issuing type certificates for surplus 
aircraft of the Armed Forces, Specifically, the amendment would remove 
references in 14 CFR 21.27 to obsolete airworthiness standards for type 
certification of surplus military aircraft that at the time the FAA 
considered no longer appropriate. The comment period closed on June 20, 
1994.
    Five hundred and ninety commenters responded to the NPRM. An

[[Page 43886]]

overwhelming majority of the commenters opposed elimination Sec.  
21.27. Opposing commenters stated that the proposal would have a 
negative economic impact, would provide inadequate safety and 
certification coverage, and was not justified from a safety perspective 
also, some commenters suggested the FAA should clarify the regulation.
    Having considered the comments received to Notice No. 94-12, we 
have decided not to remove Sec.  21.27 for the present. We may consider 
revisions to the language of the rule in a future rulemaking action 
when resources permit. If we do, we will consider all comments received 
to Notice No. 94-12 in any new rulemaking project. Therefore, we are 
withdrawing Notice No. 94-12 (59 FR 19114, April 21, 1994).

Procedures for Reimbursement of Airports, On-Airport Parking Lots and 
Vendors of On-Airfield Direct Services to Air Carriers for Security 
Mandates, RIN 2120-AH60

    On December 21, 2001, the FAA published a Notice of Proposed 
Rulemaking (Notice No. 01-13, 66 FR 66238), entitled ``Procedures for 
reimbursement of Airports, On-Airport Parking Lots and Vendors of On-
Airfield Direct Services to Air Carriers for Security Mandates''.
    Because of the terrorist events of September 11, 2001, Congress 
passed the Aviation and Transportation Security Act (S. 1447, Security 
Act) to improve aviation security. In response to the legislation, the 
FAA and TSA imposed new security requirements for airports, airline 
operators, and others. The Security Act also authorized funds to pay 
for some of the costs of the new security requirements. This notice 
proposed to reimburse airport operators, on-airport parking lots, and 
vendors of on-airfield direct services to air carriers for direct costs 
incurred in complying with the security requirements. The comment 
period closed January 22, 2002.
    Ten commenters responded to the NPRM. Seven of the commenters 
expressed concerns about the definitions. The remaining commenters 
expressed concerns with the limits of reimbursement, distribution of 
available funds, and the proof required for reimbursement.
    We are withdrawing Notice No. 01-13 (66 FR 66238, December 21, 
2001) because of funds for reimbursement of security costs have been 
appropriated.

Conclusion

    The FAA withdraws the following proposed rules:
    [sbull] Miscellaneous Amendments, RIN 2120-AA50
    [sbull] Improved Water Survival Equipment, RIN 2120-AC72
    [sbull] Objects Affecting Navigable Airspace (Part 77 Revision), 
RIN 2120-AA09
    [sbull] Type Certificates for Some Surplus Aircraft of the Armed 
Forces, RIN 2120-AE41
    [sbull] Procedures for Reimbursement of Airports, On-Airport 
Parking Lots and Vendors of On-Airfield Direct Services to Air Carriers 
for Security Mandates, RIN 2120-AH60
    Withdrawal of these proposed rules does not preclude the FAA from 
issuing a notice on these subjects in the future or from committing to 
any future course of action.

    Issued in Washington, DC, on July 11, 2003.
Marion C. Blakey,
Administrator.
[FR Doc. 03-18592 Filed 7-23-03; 8:45 am]
BILLING CODE 4910-13-M