[Federal Register Volume 70, Number 96 (Thursday, May 19, 2005)]
[Rules and Regulations]
[Pages 29062-29063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9828]



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Part III





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 93



Definition of Commuter Aircraft at Ronald Reagan Washington National 
Airport; Final Rule

  Federal Register / Vol. 70, No. 96 / Thursday, May 19, 2005 / Rules 
and Regulations  

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 93

[Docket No. FAA-2005-21249; Amendment No. 93-84]
RIN 2120-AI58


Definition of Commuter Aircraft at Ronald Reagan Washington 
National Airport

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: The Federal Aviation Administration (FAA) is amending the 
regulations for aircraft permitted to operate in commuter slots at 
Ronald Reagan Washington National Airport (DCA). This change is 
necessary to conform the regulations to amendments set forth in the 
Vision 100--Century of Aviation Reauthorization Act of 2003 (Vision 
100) Section 426, which increases the maximum seating capacity for 
aircraft used in commuter slots at DCA.

DATES: This final rule is effective May 19, 2005.

FOR FURTHER INFORMATION CONTACT: Judine Slaughter, Federal Aviation 
Administration, Office of Rulemaking, 800 Independence Avenue, SW., 
Washington, DC 20591; telephone (202) 493-4698; e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Availability of Final Rule

    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.gpoaccess.gov/fr/index.html.
    You can also get a copy by sending 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 docket number, notice number, or amendment number 
of this rulemaking.

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 SBREFA on the Internet at our site, http://www.faa.gov/avr/arm/sbrefa.cfm.

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    The FAA publishes this rulemaking under the authority described in 
Subtitle VII, Part 93, Subpart K, Section 93.123--High Density Traffic 
Airports. Under that section, the FAA designates high-density traffic 
airports and air traffic rules for operating aircraft, other than 
helicopters, to or from those airports. This regulation is within the 
scope of that authority.

Background

    The FAA published the High Density Traffic Airports Rule, 14 CFR 
part 93, subpart K, in 1968 to reduce delays at five congested 
airports: JFK International Airport, LaGuardia Airport, O'Hare 
International Airport, Ronald Reagan National Airport, and Newark 
International Airport (33 FR 17896; December 3, 1968).
    On December 12, 2003, the president signed Vision 100--Century of 
Aviation Reauthorization Act, Public Law 108-176 (Vision 100). Section 
426 of Vision 100 amended 49 U.S.C 41718 by adding:

    (f) Commuter Defined.--For purposes of aircraft operations at 
Ronald Reagan Washington National Airport under subpart K of part 93 
of title 14, Code of Federal Regulations, the term `commuters' means 
aircraft operations using aircraft having a certificated maximum 
seating capacity of 76 or less.''

    This amendment to part 93 as a final rule incorporates changes 
mandated by the Vision 100 legislation.

Discussion of the Amendment

    Ronald Reagan National (DCA) is designated as a high-density 
traffic airport in 14 CFR 93.123(a). The number of slots allocated to 
the commuter category, as used in paragraph (a) of this section, refers 
to the number of operations conducted by air carriers with:
     Turboprop aircraft having a certificated maximum passenger 
seating capacity of less than 75; or
     Turbojet aircraft having a certificated maximum passenger 
seating capacity of less than 56; or
     Any aircraft having a maximum payload capacity of less 
than 18,000 pounds, if used for cargo service in air transportation.
    This rule amends Sec.  93.123(c)(2), by removing the distinction at 
DCA between turbojet aircraft and turboprop aircraft. The amendment 
permits the operation of any aircraft in commuter slots that have a 
maximum passenger seating capacity of 76 or less. This amendment does 
not change the restrictions on maximum payload capacity for cargo 
operations using commuter slots at DCA or any other High Density 
Traffic Airports.

Paperwork Reduction Act

    There are no 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 
determined that there are no ICAO Standards and Recommended Practices 
that correspond to these proposed regulations.

Good Cause for Immediate Adoption

    Section 553(b)(3)(B) of the Administrative Procedures Act (APA) (5 
U.S.C. Section 553(b)(3)(B)) authorizes agencies to dispense with 
certain notice procedures for rules when they find ``good cause'' to do 
so. Under this section, good cause exists if the notice and 
opportunities for comment are ``impracticable, unnecessary, or contrary 
to the public interest.''
    The FAA finds that notice and public comment to this final rule are 
impracticable, unnecessary, and contrary to the public interest, 
because this final rule adopts a Congressional mandate.

Regulatory Analyses

    Executive Order 12866, Regulatory Planning and Review, directs the 
FAA to assess both the costs and benefits of a regulatory change. We do 
not propose or adopt a regulation unless we make a reasoned 
determination that the benefits of the intended regulation justify its 
costs. Our assessment of this rule indicates that its economic impact 
is

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minimal. Since its costs and benefits do not make it a ``significant 
regulatory action'' as defined in the Order, we have not prepared a 
``regulatory impact analysis.'' Similarly, we have not prepared a 
``regulatory evaluation,'' which is the written cost/benefit analysis 
ordinarily required for all rulemaking proposals under the DOT 
Regulatory and Policies and Procedures. We do not need to do the latter 
analysis where the economic impact of a proposal is minimal.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) of 1980, 5 U.S.C. 601-612, 
directs the FAA to fit regulatory requirements to the scale of the 
business, organizations, and governmental jurisdictions subject to the 
regulation. We determine whether a proposed or final action will have a 
``significant economic impact on a substantial number of small 
entities'' as defined in the Act. If we find that the action will have 
a significant impact, we complete a ``regulatory flexibility 
analysis.''
    This final rule increases the maximum seating capacity for aircraft 
operated in commuter slots at DCA. Its economic impact is minimal. 
Therefore, we certify that this action will not have a significant 
economic impact on a substantial number of small entities.

Trade Impact Assessment

    The Trade Agreements Act of 1979 prohibits Federal agencies from 
engaging in any standards or 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 not have any impact on international 
entities and thus has no international trade impact.

Unfunded Mandates Assessment

    The Unfunded Mandates Reform Act of 1995 (the Act), enacted as 
Public Law 104-4 on March 22, 1995, 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 a $100 million or more expenditure (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.''
    This final rule does not contain such a mandate. Therefore, the 
requirements of Title II of the Unfunded Mandates Reform Act of 1995 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. Therefore, we determined that this final rule 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(f) and involves no extraordinary 
circumstances.

Energy Impact

    The energy impact of the notice has been assessed in accordance 
with the Energy Policy and Conservation Act (EPCA Pub. L. 94-163), as 
amended (42 U.S.C. 6362) and FAA Order 1053.1. It has been determined 
that the final rule is not a major regulatory action under the 
provisions of the EPCA.

List of Subjects in 14 CFR Part 93

    Air traffic control, Airports, Alaska Navigation (air), Reporting 
and recordkeeping.

The Amendments

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

PART 93--SPECIAL AIR TRAFFIC RULES

0
1. The authority citation for part 93 continues to read as follows:


    Authority: 49 U.S.C. 106(g), 40103, 40106, 40109, 40113, 44502, 
44514, 44701, 44719, 46301.

0
2. Revise Sec.  93.123(c)(2) to read as follows:


Sec.  93.123  High density traffic airports.

* * * * *
    (c) * * *
    (2) The number of operations allocated to scheduled commuters, as 
used in paragraph (a) of this section, refers to the number of 
operations conducted by air carriers with turboprop and reciprocating 
engine aircraft having a certificated maximum passenger seating 
capacity of less than 75 or by turbojet aircraft having a certificated 
maximum passenger seating capacity of less than 56, or if used for 
cargo service in air transportation, with any aircraft having a maximum 
payload capacity of less than 18,000 pounds. For purposes of aircraft 
operations at Ronald Reagan Washington National Airport, the term 
``commuters'' means aircraft operations using aircraft having a 
certificated maximum seating capacity of 76 or less.
* * * * *

    Issued in Washington, DC, on May 11, 2005.
Marion Blakey,
Administrator.
[FR Doc. 05-9828 Filed 5-18-05; 8:45 am]
BILLING CODE 4910-13-P