Reservation System for Unscheduled Arrivals at Chicago's O'Hare International Airport, 16217-16219 [06-3114]

Download as PDF Federal Register / Vol. 71, No. 62 / Friday, March 31, 2006 / Rules and Regulations authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. (2) Before using any AMOC approved in accordance with 14 CFR 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. (3) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD, if it is approved by an Authorized Representative (AR) for the Boeing Commercial Airplanes Delegation Option Authorization Organization who has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the approval must specifically refer to this AD. (4) A repair plan approved by a Boeing Company AR or Designated Engineering Representative before the effective date of this AD is acceptable for compliance with the requirements of paragraphs (f)(2) and (h) of this AD, provided the approval was documented via FAA Form 8110–3 or 8100– 9, and identified scribe line damage in the title of the form. Material Incorporated by Reference (q) You must use Boeing Alert Service Bulletin 737–53A1262, dated December 9, 2004, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124–2207, for a copy of this service information. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., room PL–401, Nassif Building, Washington, DC; on the Internet at https://dms.dot.gov; or at the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call (202) 741–6030, or go to https:// www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. Issued in Renton, Washington, on March 20, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 06–3066 Filed 3–30–06; 8:45 am] hsrobinson on PROD1PC61 with RULES BILLING CODE 4910–13–P 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 Federal Aviation Administration (FAA), DOT. ACTION: Final rule; extension of expiration date. AGENCY: SUMMARY: This action extends the expiration date of Special Federal Aviation Regulation (SFAR) No. 105 through October 28, 2006. This action is necessary to maintain the reservation system established for unscheduled arrivals at O’Hare International Airport while the FAA completes rulemaking associated with scheduled arrivals at the airport. DATES: This final rule is effective on March 27, 2006, and SFAR No. 105 published at 70 FR 39610 (July 8, 2005), as amended in this rule, shall remain in effect until October 28, 2006. FOR FURTHER INFORMATION CONTACT: Gerry Shakley, System Operations Services, Air Traffic Organization; Telephone: (202) 267–9424; E-mail: gerry.shakley@faa.gov. 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); (1) Visiting the FAA’s Regulations and Policies Web page at https:// www.faa.gov/regulations_policies/; or (2) 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 VerDate Aug<31>2005 15:58 Mar 30, 2006 Jkt 208001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 16217 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, https://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 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 overscheduling 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 7:00 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 On October 20, 2004, we published a notice of proposed rulemaking (NPRM) seeking public comments on a proposed reservation system for unscheduled 1 49 U.S.C. 40103(a). U.S.C. 40103(b)(1). 3 Operating Limitations at Chicago International Airport. Docket No. FAA–2004–16944. 2 49 E:\FR\FM\31MRR1.SGM 31MRR1 16218 Federal Register / Vol. 71, No. 62 / Friday, March 31, 2006 / Rules and Regulations hsrobinson on PROD1PC61 with RULES 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), and the agency is currently evaluating the comments. In a separate notice published today in the Federal Register, the FAA has extended the August 2004 Order through October 28, 2006. On November 2, 2005 (70 FR 66253), we extended the expiration date on SFAR 105 until March 31, 2006. Consistent with the extension of the August 2004 order, we conclude that it is necessary to extend SFAR 105 through October 28, 2006,4 to maintain the current operating environment at the airport. The extension is necessary to conclude the rulemaking addressing limits on scheduled arrivals and consider the effect that rulemaking will have, if any, on SFAR No. 105. This extension provides an interim measure pending adoption of a comprehensive regulation that addresses scheduled operations at the airport. Therefore, we find that notice and comment procedures under 5 U.S.C. 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 4 The limits on unscheduled arrivals do not apply on Saturdays. VerDate Aug<31>2005 14:51 Mar 30, 2006 Jkt 208001 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 Information collection requirements associated with this final rule have been approved previously by the Office of Management and Budget (OMB) under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), and have been assigned OMB Control Number 2120–0694. 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. This final rule establishes a reservation system to limit the number of unscheduled aircraft arrivals at Chicago’s O’Hare International Airport (O’Hare) during the peak hours of 7 a.m. through 8:59 p.m., Central Time, Monday through Friday, and 12 p.m. through 8:59 p.m. Central Time on Sunday. We received no comments from the public that specifically discussed information collection. 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. 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 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 (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. Because the Agency has not adopted a final rule limiting scheduled operations, the FAA is extending this SFAR through October 28, 2006. 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. E:\FR\FM\31MRR1.SGM 31MRR1 Federal Register / Vol. 71, No. 62 / Friday, March 31, 2006 / Rules and Regulations 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. hsrobinson on PROD1PC61 with RULES 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 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. VerDate Aug<31>2005 14:51 Mar 30, 2006 Jkt 208001 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 16219 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 28, 2006, unless sooner terminated. Issued in Washington, DC on March 27, 2006. Marion C. Blakey, Administrator. [FR Doc. 06–3114 Filed 3–28–06; 11:20 am] BILLING CODE 4910–13–P 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. DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Parts 510 and 558 [Docket No. 2003N–0324] New Animal Drugs; Removal of Obsolete and Redundant Regulations Regulations That Significantly Affect Energy Supply, Distribution, or Use AGENCY: 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. ACTION: List of Subjects in 14 CFR Part 93 Air traffic control, Airports, Alaska, Navigation (air), Reporting and recordkeeping requirements. The Amendment For the reasons set forth above, the Federal Aviation Administration is amending chapter I of title 14 Code of Federal Regulations as follows: I PART 93—SPECIAL AIR TRAFFIC RULES AND AIRPORT TRAFFIC 1. The authority citation for part 93 continues to read as follows: I Authority: 49 U.S.C. 106(g), 40103, 40106, 40109, 40113, 44502, 44514, 44701, 44719, 46301. 2. Section 9 of Special Federal Aviation Regulation (SFAR) No. 105 is revised to read as follows: I PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 Food and Drug Administration, HHS. Final rule. SUMMARY: The Food and Drug Administration (FDA) is removing regulations that exempted certain new animal drugs administered in feed from batch certification requirements. FDA is also removing portions of a regulation that required sponsors to submit data regarding the subtherapeutic use of certain antibiotic, nitrofuran, and sulfonamide drugs administered in animal feed. The intended effect of this rule is to remove regulations that are obsolete or redundant. The portions of the latter regulation that are being removed are most of the Type A medicated articles and use combinations that are listed in the tables contained in that regulation. This rule does not finalize the provisions of the proposed rule regarding removing the remainder of that regulation. DATES: This rule is effective May 1, 2006. FOR FURTHER INFORMATION CONTACT: Andrew J. Beaulieu, Center for Veterinary Medicine (HFV–50), 7519 Standish Pl., Rockville, MD 20855, 240– 276–9090, email: andrew.beaulieu,fda.hhs.gov. SUPPLEMENTARY INFORMATION: I. Background In the Federal Register of August 8, 2003 (68 FR 47272), FDA published a proposed rule to remove and reserve 21 E:\FR\FM\31MRR1.SGM 31MRR1

Agencies

[Federal Register Volume 71, Number 62 (Friday, March 31, 2006)]
[Rules and Regulations]
[Pages 16217-16219]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3114]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

SUMMARY: This action extends the expiration date of Special Federal 
Aviation Regulation (SFAR) No. 105 through October 28, 2006. This 
action is necessary to maintain the reservation system established for 
unscheduled arrivals at O'Hare International Airport while the FAA 
completes rulemaking associated with scheduled arrivals at the airport.

DATES: This final rule is effective on March 27, 2006, and SFAR No. 105 
published at 70 FR 39610 (July 8, 2005), as amended in this rule, shall 
remain in effect until October 28, 2006.

FOR FURTHER INFORMATION CONTACT: Gerry Shakley, System Operations 
Services, Air Traffic Organization; Telephone: (202) 267-9424; E-mail: 
gerry.shakley@faa.gov.

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);
    (1) Visiting the FAA's Regulations and Policies Web page at https://
www.faa.gov/regulations_policies/; or
    (2) 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. 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, https://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\
---------------------------------------------------------------------------

    \1\ 49 U.S.C. 40103(a).
    \2\ 49 U.S.C. 40103(b)(1).
---------------------------------------------------------------------------

    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 7:00 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\
---------------------------------------------------------------------------

    \3\ Operating Limitations at Chicago International Airport. 
Docket No. FAA-2004-16944.
---------------------------------------------------------------------------

    On October 20, 2004, we published a notice of proposed rulemaking 
(NPRM) seeking public comments on a proposed reservation system for 
unscheduled

[[Page 16218]]

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), and 
the agency is currently evaluating the comments. In a separate notice 
published today in the Federal Register, the FAA has extended the 
August 2004 Order through October 28, 2006. On November 2, 2005 (70 FR 
66253), we extended the expiration date on SFAR 105 until March 31, 
2006. Consistent with the extension of the August 2004 order, we 
conclude that it is necessary to extend SFAR 105 through October 28, 
2006,\4\ to maintain the current operating environment at the airport.
---------------------------------------------------------------------------

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

    The extension is necessary to conclude the rulemaking addressing 
limits on scheduled arrivals and consider the effect that rulemaking 
will have, if any, on SFAR No. 105. This extension provides an interim 
measure pending adoption of a comprehensive regulation that addresses 
scheduled operations at the airport.
    Therefore, we find that notice and comment procedures under 5 
U.S.C. 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

    Information collection requirements associated with this final rule 
have been approved previously by the Office of Management and Budget 
(OMB) under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3507(d)), and have been assigned OMB Control Number 2120-0694.
    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.
    This final rule establishes a reservation system to limit the 
number of unscheduled aircraft arrivals at Chicago's O'Hare 
International Airport (O'Hare) during the peak hours of 7 a.m. through 
8:59 p.m., Central Time, Monday through Friday, and 12 p.m. through 
8:59 p.m. Central Time on Sunday. We received no comments from the 
public that specifically discussed information collection.
    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.

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. Because the Agency has not 
adopted a final rule limiting scheduled operations, the FAA is 
extending this SFAR through October 28, 2006. 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.

[[Page 16219]]

    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 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.

List of Subjects in 14 CFR Part 93

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

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 28, 2006, unless sooner 
terminated.

    Issued in Washington, DC on March 27, 2006.
Marion C. Blakey,
Administrator.
[FR Doc. 06-3114 Filed 3-28-06; 11:20 am]
BILLING CODE 4910-13-P

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