[Federal Register Volume 71, Number 211 (Wednesday, November 1, 2006)]
[Rules and Regulations]
[Pages 64111-64113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9000]



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 Rules and Regulations
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  Federal Register / Vol. 71, No. 211 / Wednesday, November 1, 2006 / 
Rules and Regulations  

[[Page 64111]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 93

[Docket No. FAA-2005-19411; SFAR No. 105]
RIN 2120-AI47


Reservation System for Unscheduled Arrivals at Chicago's O'Hare 
International Airport

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; extension of expiration date.

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SUMMARY: This action extends the expiration date of Special Federal 
Aviation Regulation (SFAR) No. 105 through October 31, 2008. This 
action is necessary to maintain the reservation system established for 
unscheduled arrivals at O'Hare International Airport consistent with 
the newly adopted limitations imposed on scheduled operations at the 
airport.

DATES: This final rule is effective on October 28, 2006, and SFAR No. 
105 published at 70 FR 39610 (July 8, 2005), as amended at 70 FR 66255 
(November 2, 2005), 71 FR 16219 (March 31, 2006), and in this rule, 
shall remain in effect until October 31, 2008.

FOR FURTHER INFORMATION CONTACT: Gerry Shakley, System Operations 
Services, Air Traffic Organization; Telephone: (202) 267-9424; 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 FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/; 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. 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/regulations_policies/rulemaking/sbre_act/.

Authority for This Rulemaking

    The U.S. Government has exclusive sovereignty over the airspace of 
the United States.\1\ Under this broad authority, Congress has 
delegated to the Administrator extensive and plenary authority to 
ensure the safety of aircraft and the efficient use of the Nation's 
navigable airspace. In this regard, the Administrator is required to 
assign by regulation or order use of the airspace to ensure its 
efficient use.\2\
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    \1\ 49 U.S.C. 40103(a).
    \2\ 49 U.S.C. 40103(b)(1).
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    The FAA's broad statutory authority to manage the efficient use of 
airspace encompasses management of the nationwide system of air 
commerce and air traffic control. To ensure the efficient use of the 
airspace, the FAA must take steps to prevent congestion at an airport 
from disrupting or adversely affecting the air traffic system for which 
the FAA is responsible. Inordinate delays of the sort experienced at 
O'Hare in late 2003 and much of 2004 can have a crippling effect on 
other parts of the system, causing significant losses in time and money 
for individuals and businesses, as well as the air carriers and other 
operators at O'Hare and beyond. This rule facilitates the Agency's 
exercise of its authority to manage the safe and efficient use of the 
navigable airspace.

Background

    Since November 2003, O'Hare has suffered an inordinate and 
unacceptable number of delays as the result of over-scheduling at the 
airport, which was also having a crippling effect on the entire 
National Airspace System. In August 2004, the FAA intervened by 
ordering a limit on the number of scheduled arrivals at the airport 
during the peak operating hours of 7 a.m. through 8:59 p.m., Central 
Time, effective November 1, 2004, so that the system could return to a 
reasonably balanced level of operations and delay.\3\
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    \3\ Operating Limitations at Chicago International Airport. 
Docket No. FAA-2004-16944.
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    On October 20, 2004, we published a notice of proposed rulemaking 
(NPRM) seeking public comments on a proposed reservation system for 
unscheduled arrivals at O'Hare (69 FR 61708). Effective November 1, 
2004, and while this rulemaking was pending, we implemented a 
corresponding voluntary reservation program for unscheduled arrivals 
using the general procedures followed during Special Traffic Management 
Programs and the High Density Rule.
    On July 8, 2005, the FAA published SFAR No. 105, ``Reservation 
System for Unscheduled Arrivals at Chicago's O'Hare International 
Airport'' (70 FR 39610). As stated in SFAR No. 105, the benefits 
achieved by the FAA's August 18 Order would dissipate if certain 
operations at the airport remained capped but other operations were 
permitted to grow. SFAR No. 105 maintained the historical level of 
unscheduled operations at O'Hare and supported other agency actions at 
O'Hare that address congestion and delay until additional capacity 
exists at the airport.
    In SFAR No. 105, we discussed that it may be necessary to extend 
this rule limiting unscheduled arrivals at O'Hare to coincide with a 
final rule addressing scheduled arrivals, if adopted, or with an 
extension of the August 2004 Order. The NPRM addressing scheduled 
arrivals at O'Hare was published on March 25, 2005 (70 FR 15520).

[[Page 64112]]

    On November 2, 2005, we extended the expiration date on SFAR No. 
105 until March 31, 2006. On March 31, 2006, we extended the expiration 
date on No. 105 through October 28, 2006,\4\ to maintain the current 
operating environment at the airport while we considered comments to 
the proposed rule for scheduled arrivals.
---------------------------------------------------------------------------

    \4\ The limits on unscheduled arrivals do not apply on 
Saturdays.
---------------------------------------------------------------------------

    On August 29, 2006, the FAA published the ``Congestion and Delay 
Reduction at Chicago O'Hare International Airport'' final rule. That 
final rule codifies the limit on scheduled arrivals initially imposed 
under the FAA's August 2004 Order and will expire on October 31, 2006. 
The rationale supporting SFAR 105 remains valid, in that the benefits 
achieved under the August 2004 Order and now expected to continue under 
the Congestion and Delay Reduction final rule would dissipate if other 
operations at the airport were permitted to grow. Consequently, it is 
imperative to maintain the limits imposed by this SFAR, during the same 
timeframe as the Congestion and Delay Reduction final rule, until 
additional capacity is available at the airport.
    Therefore, we find that notice and comment procedures under 5 
U.S.C. section 553(b) are impracticable and contrary to the public 
interest. We further find that good cause exists to make this rule 
effective in less than 30 days.

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.

Paperwork Reduction Act

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), the FAA submitted a copy of the new information collection 
requirements(s) in this final rule to the Office of Management and 
Budget (OMB) for its review. OMB approved the collection of this 
information and assigned OMB Control Number 2120-0694.
    An agency may not collect or sponsor the collection of information, 
nor may it impose an information collection requirement, unless it 
displays a currently valid OMB control number. The OMB Control Number 
for this information collection is 2120-0694.

Executive Order 12866 and DOT Regulatory Policies and Procedures

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 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 SFAR 
extension.
    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 rule 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:
    In the preamble of SFAR No. 105, the FAA stated that we might 
consider extending SFAR 105 for a time period that would coincide with 
a final rule limiting scheduled operations. The FAA is extending this 
SFAR through October 31, 2008, to maintain the current level of 
operations at O'Hare consistent with the final rule published on August 
29, 2006, that addresses scheduled operations at the airport. In the 
final economic assessment of SFAR No. 105, the FAA found that the rule 
provided system delay benefits at a minimal cost. The FAA finds that 
this extension is cost beneficial and will continue to provide system 
delay benefits at minimal cost.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a 
principle of regulatory issuance that agencies shall endeavor, 
consistent with the objective of the rule and of applicable statutes, 
to fit regulatory and informational requirements to the scale of the 
business, organizations, 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 economic 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 extends the expiration date of SFAR No. 105, which 
provides for fewer airport delays at a minimum cost. Just as in the 
initial and final regulatory flexibility analyses, the FAA expects 
there will be a substantial number of small entities affected by the 
extension of this final SFAR, however, the economic effect will 
continue to be insignificant. Therefore, as the FAA Administrator, I 
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

[[Page 64113]]

appropriate, that they be the basis for U.S. standards.
    The FAA has assessed the potential effect of the extension of this 
final rule and determined that it will not have an effect on foreign 
commerce.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (the Act), enacted as Pub. 
L. 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.'' 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 312f, 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.

The Amendment

0
For the reasons set forth above, the Federal Aviation Administration is 
amending chapter I of title 14 Code of Federal Regulations as follows:

PART 93--SPECIAL AIR TRAFFIC RULES AND AIRPORT TRAFFIC

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. Section 9 of Special Federal Aviation Regulation (SFAR) No. 105 is 
revised to read as follows:

Special Federal Aviation Regulation No. 105--Operating Limitations for 
Unscheduled Operations at Chicago's O'Hare International Airport

* * * * *
    Section 9. Expiration. This Special Federal Aviation Regulation 
expires at 9 p.m., Central Time, on October 31, 2008, unless sooner 
terminated.

    Issued in Washington, DC on October 26, 2006.
Marion C. Blakey,
Administrator.
[FR Doc. 06-9000 Filed 10-27-06; 12:36 pm]
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