[Federal Register Volume 70, Number 19 (Monday, January 31, 2005)]
[Rules and Regulations]
[Pages 4980-4982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1661]



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Part V





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 91



Carrying Candidates in Elections; Final Rule

  Federal Register / Vol. 70, No. 19 / Monday, January 31, 2005 / Rules 
and Regulations  

[[Page 4980]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA-2005-20168; Amendment No. 91-287]
RIN 2120-AI12


Carrying Candidates in Elections

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This final rule allows an aircraft operator, other than one 
operating an aircraft as an air carrier or commercial operator, to 
receive payment for carrying a candidate seeking office in a State or 
local election during a campaign. Current regulations allow aircraft 
operators to receive payment for carrying candidates seeking office in 
Federal elections during a campaign without the aircraft operator 
having to meet the safety standards applicable to air carriers and 
other commercial operators. This rule meets a Congressional mandate 
that the FAA amend its rules to allow aircraft operators who transport 
State and local candidates for compensation, to do so without having to 
comply with FAA safety rules applicable to air carriers and other 
commercial operators.

DATES: This final rule is effective March 2, 2005.

FOR FURTHER INFORMATION CONTACT: John Chescavage, Office of Rulemaking, 
ARM-102 Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20591; telephone (202) 867-9783; facsimile (202) 867-
5075, e-mail [email protected].

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 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.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires FAA to comply with small entity requests for information 
or advice about compliance with statutes and regulations within its 
jurisdiction. Therefore, any small entity that has a question regarding 
this document may contact their local FAA official, or the person 
listed under FOR FURTHER INFORMATION CONTACT. You can find out more 
about SBRFA on the Internet at our site, http://www.faa.gov/avr/arm/sbrefa.htm. For more information on SBREFA, e-mail us [email protected].

Background and Statutory Authority for This Revision

    As part of the 1996 FAA reauthorization legislation, Congress 
required that the FAA Administrator revise Section 91.321 (14 CFR 
91.321) of the Federal Aviation Regulations relating to the carriage of 
candidates in Federal elections, to make the same or similar rules 
applicable to the carriage of candidates for election to public office 
in state and local government elections. See Section 1214 ``Carriage of 
Candidates in State and Local Elections'', Public Law 104-264.
    Presently, Section 91.321 allows aircraft operators, who are not 
air carriers or commercial operators conducting flights under 14 CFR 
part 121, 125 or 135, to carry--for compensation--candidates in Federal 
elections without having to comply with FAA safety rules applicable to 
air carriers if the rules of the Federal Election Commission (FEC) 
require the candidate to make the payment. In view of the Congressional 
mandate, the FAA has revised its regulations to allow aircraft 
operators who transport candidates for public office in state and local 
elections for compensation, to do so without complying with FAA safety 
rules applicable to air carriers and other commercial operators. 
Neither the existing rules applicable to the transportation of 
candidates in Federal elections nor the new rules applicable to the 
transportation of candidates for public office in state and local 
elections relieve the pilots from the airman certification requirements 
of possessing, at a minimum, a commercial pilot certificate when the 
pilot is paid for the transportation service. The present rules and the 
revised rules merely relieve the aircraft operator from the 
requirements to possess an air carrier/commercial operator certificate.
    Certain conditions must be met for these operators to qualify to 
operate under the general operating rules of 14 CFR and to not be 
required to comply with rules that apply to air carriers and other 
commercial operators. Those conditions are:
     The operator's primary business is not as an air carrier 
or commercial operator;
     The carriage is conducted under the rules of part 91; and
     Payment by the candidate to the aircraft operator is 
required by law or regulation.
    For candidates in Federal elections, the amount paid must not 
exceed the amount required by regulations of the Federal Election 
Commission (11 CFR et seq.). For candidates for public office in state 
or local elections, the amount paid must not exceed the amount required 
to be paid under state or local law. The aircraft operator, conducting 
the flight under part 91, will be permitted to accept payment in 
accordance with state or local law for the transportation of agents or 
people working on behalf of the state or local candidate. Aircraft 
operators are already allowed to accept payment from agents of, and 
people representing, Federal candidates when the rules of the FEC 
require such payments to be made.
    We have rewritten the entire section because the current language 
makes specific references to the Federal Election Commission (FEC) and, 
thus, only applies to Federal elections. The FEC does not have any 
authority over candidates for election to state and local government 
offices. Rather than adding new information to the existing language, 
we have rewritten the whole section to make it easier to understand.

Good Cause for Not Requesting Comment

    Under the Administrative Procedures Act (APA) (5 U.S.C. 553(b)), an 
agency is not required to follow the normal notice and comment 
procedures if it finds, for good cause, that they are impracticable, 
unnecessary, or contrary to the public interest. Since the 1996 
reauthorization mandated the changes

[[Page 4981]]

to the Code of Federal Regulations and directed the FAA to make 
specific changes, we have determined that good cause exists to waive 
prior notice and comment.

Paperwork Reduction Act

    There are no current or new requirements for information collection 
associated with this amendment.

International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to comply with 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
determined that there are no ICAO Standards and Recommended Practices 
that correspond to these regulations.

Economic Assessment, Regulatory Flexibility Determination, Trade Impact 
Assessment, and Unfunded Mandates Assessment

    Proposed changes to Federal regulations must undergo several 
economic analyses. First, Executive Order 12866 directs each Federal 
agency to propose or adopt a regulation only upon a reasoned 
determination that the benefits of the intended regulation justify its 
costs. Second, the Regulatory Flexibility Act of 1980 requires agencies 
to analyze the economic impact of regulatory changes on small entities. 
Third, the Trade Agreements Act (19 U.S.C. 2531-2533) prohibits 
agencies from setting standards that create unnecessary obstacles to 
the foreign commerce of the United States. In developing U.S. 
standards, the Trade Act also requires agencies to consider 
international standards and, where appropriate, use them as the basis 
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4) requires agencies to prepare a written assessment of 
the costs, benefits, and other effects of proposed or final rules that 
include a Federal mandate likely to result in the expenditure by State, 
local, or tribal governments, in the aggregate, or by the private 
sector, of $100 million or more annually (adjusted for inflation).
    The FAA has determined this rule (1) is not a ``significant 
regulatory action'' as defined in section 3(f) of Executive Order 12866 
and is not ``significant'' as defined in DOT's Regulatory Policies and 
Procedures; (2) will not have a significant economic impact on a 
substantial number of small entities; (3) will not reduce barriers to 
international trade; and (4) does not impose an unfunded mandate on 
state, local, or tribal governments, or on the private sector.
    This rule will impose no cost on the industry. This final rule 
allows certain aircraft operators, who qualify and who conduct 
operations solely under 14 CFR part 91, to receive payment, in 
accordance with state or local law, to transport candidates in State 
and local elections.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) directs the FAA to fit 
regulatory requirements to the scale of the business, organizations, 
and governmental jurisdictions subject to the regulation. We are 
required to determine whether a proposed or final action will have a 
``significant economic impact on a substantial number of small 
entities'' as they are defined in the Act. If we find that the action 
will have a significant impact, we must do a ``regulatory flexibility 
analysis.''
    This final rule imposes no cost on any aircraft operator, but 
allows aircraft operators, who qualify and conduct flights under part 
91 of the Federal Aviation Regulations, to receive payment for 
transporting candidates in State and local elections. As such, the RFA 
does not apply to this action, and we certify that this action will not 
have a significant economic impact on a substantial number of small 
entities.

Trade Impact Assessment

    The Trade Agreement Act of 1979 prohibits Federal agencies from 
establishing any standards or engaging in related activities that 
create unnecessary obstacles to the foreign commerce of the United 
States. Legitimate domestic objectives, such as safety, are not 
considered unnecessary obstacles. The statute also requires 
consideration of international standards and, where appropriate, that 
they be the basis for U.S. standards. The FAA has assessed the 
potential effect of this rulemaking and has determined that it will 
have only a domestic impact and therefore no effect on any trade-
sensitive activity.

Unfunded Mandates Assessment

    The Unfunded Mandates Reform Act of 1995 (the Act) is intended, 
among other things, to curb the practice of imposing unfunded Federal 
mandates on State, local, and tribal governments. Title II of the Act 
requires each Federal agency to prepare a written statement assessing 
the effects of any Federal mandate in a proposed or final agency rule 
that may result in an expenditure of $100 million or more (adjusted 
annually for inflation) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.'' The FAA currently 
uses an inflation-adjusted value of $120.7 million in lieu of $100 
million.
    This final rule does not contain such a mandate. The requirements 
of Title II of the Act, therefore, do not apply.

Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. We determined that this 
action will not have a substantial direct effect on the States, or the 
relationship between the national Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, and therefore does not have federalism implications.

Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this rulemaking action qualifies for the categorical 
exclusion identified in paragraph 312(d) and involves no extraordinary 
circumstances.

Regulations That Significantly Affect Energy Supply, Distribution, or 
Use

    The FAA has analyzed this final rule under Executive Order 13211, 
Actions Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001). We have determined that it is not 
a ``significant energy action'' under the executive order because it is 
not a ``significant regulatory action'' under Executive Order 12866, 
and it is not likely to have a significant adverse effect on the 
supply, distribution, or use of energy.

List of Subjects in 14 CFR Part 91

    Agriculture, Air traffic control, Aircraft, Airmen, Airports, 
Aviation safety, Freight, Noise control, Political candidates, 
Reporting and recordkeeping requirements.

The Amendment

0
In consideration of the foregoing, the Federal Aviation Administration 
amends part 91, chapter I of title 14, Code of Federal Regulations as 
follows:

[[Page 4982]]

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
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).


0
2. Revise Sec.  91.321 to read as follows:


Sec.  91.321  Carriage of candidates in elections.

    (a) As an aircraft operator, you may receive payment for carrying a 
candidate, agent of a candidate, or person traveling on behalf of a 
candidate, running for Federal, State, or local election, without 
having to comply with the rules in parts 121, 125 or 135 of this 
chapter, under the following conditions:
    (1) Your primary business is not as an air carrier or commercial 
operator;
    (2) You carry the candidate, agent, or person traveling on behalf 
of a candidate, under the rules of part 91; and
    (3) By Federal, state or local law, you are required to receive 
payment for carrying the candidate, agent, or person traveling on 
behalf of a candidate. For federal elections, the payment may not 
exceed the amount required by the Federal Election Commission. For a 
state or local election, the payment may not exceed the amount required 
under the applicable state or local law.
    (b) For the purposes of this section, for Federal elections, the 
terms candidate and election have the same meaning as set forth in the 
regulations of the Federal Election Commission. For State or local 
elections, the terms candidate and election have the same meaning as 
provided by the applicable State or local law and those terms relate to 
candidates for election to public office in State and local government 
elections.

    Issued in Washington, DC, on January 21, 2005.
Marion C. Blakey,
Administrator.
[FR Doc. 05-1661 Filed 1-28-05; 8:45 am]
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