[Federal Register Volume 71, Number 6 (Tuesday, January 10, 2006)]
[Rules and Regulations]
[Pages 1483-1485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-203]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 11

[Docket No. FAA-2005-22982; Amendment No. 11-51]
RIN 2120-AI69


Federal Register Dispositions of Petitions for Exemption

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This final rule amends FAA regulations dealing with how the 
FAA notifies petitioners of its decisions on petitions for exemption. 
This rule change eliminates the requirement for the FAA to publish 
dispositions of petitions for exemption in the Federal Register. This 
change is intended to streamline our process and will save the agency 
the cost of publication. Publishing dispositions in the Federal 
Register is unnecessary because petitioners are notified in writing of 
FAA's decision and the decision is placed in the public docket, which 
is internet accessible and searchable.

DATES: This amendment becomes effective February 9, 2006.

FOR FURTHER INFORMATION CONTACT: Ida Klepper, Airmen and Airspace Rules 
Division, Office of Rulemaking, Federal Aviation Administration, 800 
Independence Avenue, SW., Washington, DC 20591. Telephone: (202) 267-
9677.

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 FAA's Regulations and Policies web page at http://www.faa.gov/regulations_policies/rulemaking/; 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 amendment number or docket 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. If you are a small entity and you have a question 
regarding this document, you may contact your local FAA official, or 
the person listed under FOR FURTHER INFORMATION CONTACT. You can find 
out more about SBREFA on the Internet at http://www.faa.gov/regulations_policies/rulemaking/sbre_act.

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.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Section 44701. Under that section, the FAA is 
charged with prescribing regulations to promote the safe flight of 
civil aircraft. The authority to grant exemption from those regulations 
is inherent in the authority to create them, as is the agency's 
determination of the most effective means of notifying affected persons 
of its decisions.

Discussion of Proposed Amendment

    Section 11.91 explains how the FAA notifies petitioners of its 
decisions on petitions for exemption. Currently, we notify the 
petitioner in writing by sending a letter containing FAA's decision. 
The FAA also publishes a disposition of the petition in the Federal 
Register summarizing the decision document. The disposition includes 
the docket number, petitioner's name, regulatory citation, description 
of the relief sought, FAA's decision, date of decision, and an 
exemption number. The FAA places a copy of the decision document in the 
Docket Management System (DMS), which is the agency's public docket. 
The DMS is both internet accessible and searchable.
    The DMS offers different ways to get the information you need. 
Users may perform a simple search at http://dms.dot.gov/search/searchFormSimple.cfm by docket number or keyword, or an advanced search 
at http://dms.dot.gov/search/searchFormAdvanced.cfm, which allows for 
expanded search capability.

[[Page 1484]]

Users may view different types of reports at http://dms.dot.gov/reports/, such as the Docket Daily Filings at http://dms.dot.gov/reports/frmDailyFiling.cfm, which allows you to view the items in the 
docket for a particular day. Users may also subscribe to the DMS List 
Serve at http://dms.dot.gov/emailNotification/index.cfm, which allows 
users to be notified automatically when items of interest are added to 
DMS.
    The DMS can be reached on 1-800-647-5527 and also offers website 
support, http://dms.dot.gov/Support/Index.cfm?site=dms, and help, 
http://dms.dot.gov/help/, to users.
    Because of technological advancements, such as DMS, the FAA 
believes that it is unnecessary to continue to publish exemption 
dispositions in the Federal Register. The FAA has concluded that 
availability on the internet makes the decisions more accessible than 
publication in a document that reaches only those who routinely read 
the Federal Register. This rule change eliminates the requirement to 
publish exemption dispositions in the Federal Register. Each petitioner 
will continue to receive FAA's decision in writing.
    This change is procedural and streamlines our process to better 
serve our customers. Therefore, the FAA is revising Sec.  11.91 to 
state that a copy of the FAA's decision is placed in the public docket, 
which is internet accessible.

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

Paperwork Reduction Act

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

Regulatory Evaluation, Regulatory Flexibility Analysis, International 
Trade Impact Assessment, and Unfunded Mandates Assessment

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866, Regulatory Planning and Review, 
directs that each Federal agency shall 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, this Trade Act requires agencies to consider 
international standards and, where appropriate, to be the basis of U.S. 
standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 
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). This portion of the 
preamble summarizes the FAA's analysis of the economic impact of this 
final rule.
    The Department of Transportation Order DOT 2100.5 prescribes 
policies and procedures for simplification, analysis, and review of 
regulations. If the expected cost impact is so minimal that a proposal 
does not warrant a full evaluation, this order permits a statement to 
that effect. The basis for the minimal impact must be included in the 
preamble, if a full regulatory evaluation of the cost and benefits is 
not prepared. Such a determination has been made for this rule. The 
reasoning for that determination follows.
    This final rule eliminates the requirement for the FAA to publish 
dispositions of petitions for exemption in the Federal Register. 
Publishing dispositions in the Federal Register is unnecessary because 
petitioners are notified in writing of FAA's decision and the decision 
is placed in the public docket, which is available via the Internet.
    FAA has, therefore, determined this rulemaking action 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. In addition, the FAA has determined 
that this rulemaking action: (1) Will not have a significant economic 
impact on a substantial number of small entities; (2) will not affect 
international trade; and (3) will not impose an unfunded mandate on 
state, local, or tribal governments, or on the private sector.

Regulatory Flexibility Analysis

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the business, organization, and governmental jurisdictions subject 
to regulation.'' To achieve that principle, the RFA requires agencies 
consider flexible regulatory proposals, to explain the rationale for 
their actions, and to solicit comments. The RFA covers a wide range of 
small entities, including small businesses, not-for-profit 
organizations, and small governmental jurisdictions.
    Agencies must perform a review to determine whether a proposed or 
final rule will have a significant impact on a substantial number of 
small entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a proposed or final rule is 
not expected to have a significant economic impact on a substantial 
number of small entities, section 605(b) of the RFA provides that the 
head of the agency may so certify, and a regulatory flexibility 
analysis is not required. The certification must include a statement 
providing the factual basis for this determination, and the reasoning 
should be clear.
    This final rule eliminates the requirement to publish dispositions 
of petitions for exemption in the Federal Register. Publishing 
dispositions in the Federal Register is unnecessary because petitioners 
are notified in writing of FAA's decision and the decision is placed in 
the public docket, which is available via the internet.
    Consequently, as the FAA Administrator, I certify the rulemaking 
action will not have a significant economic impact on a substantial 
number of small entities.

International Trade Impact Assessment

    The Trade Agreements 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 
these international standards be the basis for U.S. standards. The FAA 
has assessed the potential effect of this rulemaking action and has 
determined that it will have only a domestic impact and

[[Page 1485]]

therefore no effect on any trade-sensitive activity.

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. 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. 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 have 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 proposed rulemaking action qualifies for the 
categorical exclusion identified in paragraph 312d 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 (66 FR 28355, 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 11

    Administrative practice and procedure, Reporting and recordkeeping 
requirements.

The Amendment

0
For the reasons set forth above, the Federal Aviation Administration is 
amending 14 CFR Part 11 as follows:

PART 11--GENERAL RULEMAKING PROCEDURES

0
1. 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
2. Revise Sec.  11.91 to read as follows:


Sec.  11.91  How does FAA inform me of its decision on my petition for 
exemption?

    The FAA will notify you in writing about its decision on your 
petition. A copy of this decision is also placed in the public docket. 
We will include the docket number associated with your petition in our 
letter to you.

    Issued in Washington, DC, on December 28, 2005.
Marion C. Blakey,
Administrator.
[FR Doc. 06-203 Filed 1-9-06; 8:45 am]
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