Federal Register Dispositions of Petitions for Exemption, 1483-1485 [06-203]
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Federal Register / Vol. 71, No. 6 / Tuesday, January 10, 2006 / Rules and Regulations
1483
Section 205.2
Section 205.18 Requirements for
Institutions Offering Payroll Card Accounts
18(a) Coverage.
1. Issuance of access device.
Consistent with section 205.5(a), a
financial institution may issue an access
device only in response to an oral or
written request for the device, or as a
renewal or substitute for an accepted
access device. A consumer is deemed to
request an access device for a payroll
card account when the consumer
chooses to receive his or her salary
through a payroll card account.
Appendix A—Model Disclosure Clauses
and Forms
1. * * *
2. Use of forms. The appendix
contains model disclosure clauses for
optional use by financial institutions to
facilitate compliance with the
disclosure requirements of sections
205.5(b)(2) and (b)(3), 205.6(a), 205.7,
205.8(b), 205.14(b)(1)(ii), 205.15(d)(1)
and (d)(2), and 205.18(c)(1) and (c)(2).
The use of appropriate clauses in
making disclosures will protect a
financial institution from liability under
sections 915 and 916 of the act provided
the clauses accurately reflect the
institution’s EFT services.
*
*
*
*
*
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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
https://www.faa.gov/
regulations_policies/rulemaking/
sbre_act.
Definitions
2(a) * * *
2(b) Account.
1. * * *
2. One-time EFT of salary-related
payments. The term ‘‘payroll card
account’’ does not include a card used
for a one-time EFT of a salary-related
payment, such as a bonus, or a card
used solely to disburse non-salaryrelated payments, such as a petty cash
or a travel per diem card. To the extent
that one-time EFTs of salary-related
payments and any other EFTs are
transferred to or from a payroll card
account, these transfers are EFTs
covered by the act and regulation, even
if the particular transfer itself does not
represent wages, salary, or other
employee compensation.
*
*
*
*
*
By order of the Board of Governors of the
Federal Reserve System, December 30, 2005.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. E5–8317 Filed 1–9–06; 8:45 am]
BILLING CODE 6210–01–P
VerDate Aug<31>2005
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Supplement I to Part 205—Official Staff
Interpretations
14:38 Jan 09, 2006
Jkt 208001
14 CFR Part 11
[Docket No. FAA–2005–22982; Amendment
No. 11–51]
RIN 2120–AI69
Federal Register Dispositions of
Petitions for Exemption
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
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
(https://dms.dot.gov/search);
(2) Visiting the FAA’s Regulations and
Policies web page at https://
www.faa.gov/regulations_policies/
rulemaking/; or
(3) Accessing the Government
Printing Office’s web page at https://
www.gpoaccess.gov/fr/.
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.
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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 https://
dms.dot.gov/search/
searchFormSimple.cfm by docket
number or keyword, or an advanced
search at https://dms.dot.gov/search/
searchFormAdvanced.cfm, which
allows for expanded search capability.
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Federal Register / Vol. 71, No. 6 / Tuesday, January 10, 2006 / Rules and Regulations
Users may view different types of
reports at https://dms.dot.gov/reports/,
such as the Docket Daily Filings at
https://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 https://
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, https://dms.dot.gov/Support/
Index.cfm?site=dms, and help, https://
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 § 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.
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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
VerDate Aug<31>2005
14:38 Jan 09, 2006
Jkt 208001
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
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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
E:\FR\FM\10JAR1.SGM
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Federal Register / Vol. 71, No. 6 / Tuesday, January 10, 2006 / Rules and Regulations
therefore no effect on any tradesensitive activity.
on the supply, distribution, or use of
energy.
Unfunded Mandates Assessment
List of Subjects in 14 CFR Part 11
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.
Administrative practice and
procedure, Reporting and recordkeeping
requirements.
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.
The Amendment
For the reasons set forth above, the
Federal Aviation Administration is
amending 14 CFR Part 11 as follows:
I
PART 11—GENERAL RULEMAKING
PROCEDURES
1. The authority citation for Part 11
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40101, 40103,
40105, 40109, 40113, 44110, 44502, 44701–
44702, 44711, and 46102.
I
2. Revise § 11.91 to read as follows:
§ 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]
BILLING CODE 4910–13–P
1485
airworthiness regulations do not contain
adequate or appropriate safety standards
for this design feature. These special
conditions contain the additional safety
standards that the Administrator
considers necessary to establish a level
of safety equivalent to that established
by the existing airworthiness standards.
Effective Date: January 3, 2006.
FOR FURTHER INFORMATION CONTACT:
Alan Sinclair, Airframe/Cabin Safety
Branch, ANM–115, Transport Airplane
Directorate, Aircraft Certification
Service, 1601 Lind Avenue SW.,
Renton, Washington, 98055–4056;
telephone (425) 227–2195; facsimile
(425) 227–1232, e-mail address
alan.sinclair@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
On September 8, 2003, Lufthansa
¨
Technik AG, Weg beim Jager 193, D–
22335, Hamburg, Germany, applied for
a supplemental type certificate (STC) for
large non-structural glass items in the
cabin area of the executive interior
occupied by passengers and crew in a
Boeing Model 747–400 airplane. The
Boeing Model 747–400 airplane is
approved under Type Certificate No.
A20WE, and is a large transport category
airplane with upper and main passenger
decks. The airplane is limited to 660
passengers or less, depending on the
interior configuration. This specific
Model 747–400 configuration includes
seating provisions for 105 passengers.
DEPARTMENT OF TRANSPORTATION
Type Certification Basis
Environmental Analysis
Federal Aviation Administration
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.
14 CFR Part 25
Under the provisions of § 21.101,
Lufthansa Technik must show that the
Boeing Model 747–400 airplane, as
changed, continues to meet the
applicable provisions of the regulations
incorporated by reference in Type
Certificate No. A20WE or the applicable
regulations in effect on the date of
application for the change. The
regulations incorporated by reference in
the type certificate are commonly
referred to as the ‘‘original type
certification basis.’’ The regulations
incorporated by reference in Type
Certificate No. A20WE are as follows:
Amendments 25–1 through 25–59 with
exceptions for the Boeing Model 747–
400. In addition, the certification basis
includes certain special conditions,
exemptions, or later amended sections
of the applicable part that are not
relevant to these special conditions. The
U.S. type certification basis for the
Model 747–400 is established in
accordance with §§ 21.17 and 21.29 and
the type certification application date.
If the Administrator finds that the
applicable airworthiness regulations
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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
VerDate Aug<31>2005
14:38 Jan 09, 2006
Jkt 208001
[Docket No. NM323; Special Conditions No.
25–311–SC]
Special Conditions: Boeing Model 747–
400 Airplane; Large Non-Structural
Glass in the Passenger Compartment
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions.
AGENCY:
SUMMARY: These special conditions are
issued for a Boeing Model 747–400
airplane modified by Lufthansa Technik
AG. This airplane will have a novel or
unusual design feature associated with
the installation of large non-structural
glass items in the cabin area of an
executive interior occupied by
passengers and crew. The installation of
these items in a passenger compartment,
which can be occupied during taxi,
takeoff, and landing, is a novel or
unusual design feature with respect to
the material used. The applicable
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]]>Agencies
[Federal Register Volume 71, Number 6 (Tuesday, January 10, 2006)]
[Rules and Regulations]
[Pages 1483-1485]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-203]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 (https://dms.dot.gov/search);
(2) Visiting the FAA's Regulations and Policies web page at https://
www.faa.gov/regulations_policies/rulemaking/; or
(3) Accessing the Government Printing Office's web page at https://
www.gpoaccess.gov/fr/.
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 https://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 https://dms.dot.gov/search/
searchFormSimple.cfm by docket number or keyword, or an advanced search
at https://dms.dot.gov/search/searchFormAdvanced.cfm, which allows for
expanded search capability.
[[Page 1484]]
Users may view different types of reports at https://dms.dot.gov/
reports/, such as the Docket Daily Filings at https://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 https://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, https://dms.dot.gov/Support/Index.cfm?site=dms, and help,
https://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]
BILLING CODE 4910-13-P
