[Federal Register Volume 85, Number 37 (Tuesday, February 25, 2020)]
[Rules and Regulations]
[Pages 10619-10620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02757]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

49 CFR Part 93

RIN 2105-AE86


Repeal of Aircraft Allocation Regulations

AGENCY: Office of the Secretary of Transportation (OST), U.S. 
Department of Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This final rule rescinds DOT regulations regarding aircraft 
allocation from the Code of Federal Regulations. The regulations 
prescribe procedures for the allocation of aircraft to the Civil 
Reserve Air Fleet (CRAF) program. The Department of Transportation (the 
Department or DOT) has concluded that the regulations are unnecessary 
and obsolete because they are inconsistent with the contractual nature 
of the current CRAF program and the Department's current procedures for 
allocation of civil transportation resources under the Defense 
Production Act.

DATES: This rule is effective on February 25, 2020.

FOR FURTHER INFORMATION CONTACT: Donna O'Berry, Office of Intelligence, 
Security, and Emergency Response, Department of Transportation, 1200 
New Jersey Avenue SE, Room W56-302, Washington, DC 20590; telephone: 
(202) 366-6136; email: donna.o'[email protected].

SUPPLEMENTARY INFORMATION: 

Electronic Access and Filing

    This document may be viewed online through the Federal eRulemaking 
portal at http://www.regulations.gov. Retrieval help and guidelines are 
available on the website. It is available 24 hours each day, 365 days a 
year. An electronic copy of this document may also be downloaded from 
the Office of the Federal Register website at: https://www.archives.gov/federal-register and the Government Publishing Office 
website at: https://www.gpo.gov.

[[Page 10620]]

Background

    Under the Defense Production Act, which governs the CRAF program, 
aircraft may be added to the CRAF either by allocation by DOT or made 
available to Department of Defense (DOD) under a contract.\1\ 10 U.S.C. 
9511(6). The Department's Aircraft Allocation regulations to implement 
this provision were published in part 93 of title 49 of the Code of 
Federal Regulations on December 23, 1967,\2\ and amended on May 29, 
1968.\3\ Part 93 includes two requirements. Section 93.1 provides that 
the Department will issue planning orders allocating aircraft to DOD 
for the CRAF Program and that the current listing of allocations may be 
obtained upon request. Section 93.3 provides that the owners and 
operators of aircraft identified in the allocations must notify the 
Department when aircraft is damaged, destroyed, or transferred.
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    \1\ Section 9511 of Title 10, U.S.C. defines the ``Civil Reserve 
Air Fleet'' as ``those aircraft allocated, or identified for 
allocation, to the Department of Defense under section 101 of the 
Defense Production Act of 1950 (50 U.S.C. 4511), or made available 
(or agreed to be made available) for use by the Department of 
Defense under a contract made under this title, as part of the 
program developed by the Department of Defense through which the 
Department of Defense augments its airlift capability by use of 
civil aircraft.''
    \2\ See 32 FR 20778 (December 23, 1967).
    \3\ See 33 FR 7821 (May 29, 1968).
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    The requirements in part 93 are inconsistent with the current 
regulatory framework and practices surrounding the CRAF Program. Under 
current DOD practice, all aircraft in the CRAF are made available for 
use by DOD through contracts between DOD and air carriers, and 
allocations by DOT are not needed. Further, allocations under the 
Defense Production Act for all civil transportation resources are now 
governed by the Department's Transportation Priorities and Allocation 
System (TPAS) regulation at 49 CFR part 33. If DOD needs to augment the 
CRAF fleet, DOT may allocate aircraft to CRAF under section 101 of the 
Defense Production Act of 1950 (50 U.S.C. 4511) under the Department's 
TPAS regulations. Part 93 is not necessary to facilitate these 
allocation actions. The procedures in part 93 are inconsistent with the 
TPAS regulations. Part 93 also imposes reporting requirements on the 
owners of aircraft identified in an allocation. However, the Department 
does not have a need for the information prescribed in Sec.  93.3.
    In light of the above, the Department has determined that part 93 
is outdated and inconsistent with current practice and procedures. 
Accordingly, this rulemaking rescinds part 93 of title 49 of the CFR in 
its entirety.

Good Cause To Dispense With Notice and Comment and Delayed Effective 
Date

    Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency 
may waive notice and comment procedures if it finds, for good cause, 
that notice and comment would be impracticable, unnecessary, or 
contrary to the public interest. The Department finds that notice and 
comment for this rule is unnecessary because the regulations are 
inconsistent with the current administration of the CRAF program and 
the regulations prescribing DOT's allocation process under the Defense 
Production Act. Further, neither the Department, nor CRAF carriers are 
currently complying with these outdated regulations. Therefore, the 
removal of these regulations will have no impact on the aviation 
industry or the public. Accordingly, the Department finds good cause 
under 5 U.S.C. 553(b)(3)(B) to waive notice and opportunity for 
comment. For the same reasons, the Department finds good cause to 
dispense with the requirement for a delayed effective date.

Rulemaking Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review), Executive Order 
13563 (Improving Regulation and Regulatory Review)

    The Department has determined that this rulemaking is not a 
significant regulatory action under section 3(f) of E.O. 12866, 
Regulatory Planning and Review, as supplemented by E.O. 13563 (76 FR 
3821, January 21, 2011). The Office of Management and Budget (OMB) did 
not, therefore, review this document. This rule is not expected to have 
any costs because it will be conforming the regulations to current 
practice. There may be de minimis cost savings as a result of increased 
clarity in the regulations.

DOT Rulemaking Procedures

    This rulemaking is being promulgated consistent with the 
Department's rulemaking procedures, outlined at 49 CFR part 5.

Executive Order 13711 (Reducing Regulation and Controlling Regulatory 
Cost)

    This final rule is considered an E.O. 13771 deregulatory action.

Regulatory Flexibility Act

    Since the Department finds good cause under 5 U.S.C. 553(b)(3)(B) 
to waive notice and opportunity for comment for this rule, the 
provisions of the Regulatory Flexibility Act (Pub. L. 96-354, 5 U.S.C. 
601-612) do not apply. However, the Department evaluated the effects of 
this action on small entities and determined the action would not have 
a significant economic impact on a substantial number of small 
entities. This final rule removes an outdated reporting requirement for 
air carriers participating in the CRAF program, and does not create new 
requirements for air carriers.

Unfunded Mandates Reform Act of 1995

    The Department has determined that this rule does not impose 
unfunded mandates, as defined by the Unfunded Mandates Reform Act of 
1995 (Pub. L. 104-4, March 22, 1995, 109 Stat. 48). This rule does not 
include a Federal mandate that may result in expenditures of $155.1 
million or more in any single year (when adjusted for inflation) in 
2012 dollars for either State, local, and Tribal governments in the 
aggregate, or by the private sector.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), 
Federal agencies must obtain approval from the OMB for each collection 
of information they conduct, sponsor, or require through regulations. 
DOT determined that no new information collection requirements are 
associated with this rule.

Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations.
    The Regulatory Information Service Center publishes the Unified 
Agenda in April and October of each year. The RIN number contained in 
the heading of this document can be used to cross-reference this action 
with the Unified Agenda.

List of Subjects in 49 CFR Part 93

    Aircraft, Reporting and recordkeeping requirements.

Authority and Issuance

PART 93--[REMOVED AND RESERVED]

0
Therefore, under the authority of 50 U.S.C. 4511, DOT removes and 
reserves 49 CFR part 93.

    Issued in Washington, DC, under the authority provided by 49 CFR 
1.23 on February 6, 2020.
Steven G. Bradbury,
General Counsel.
[FR Doc. 2020-02757 Filed 2-24-20; 8:45 am]
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