Procedures for Reimbursement of General Aviation Operators and Service Providers in the Washington, DC Area; Removal, 5234-5235 [2010-2134]
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Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Rules and Regulations
[FR Doc. 2010–1997 Filed 2–1–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Part 331
RIN 2105–AD93
Procedures for Reimbursement of
General Aviation Operators and
Service Providers in the Washington,
DC Area; Removal
erowe on DSKG8SOYB1PROD with RULES
AGENCY: Office of the Secretary (OST),
Department of Transportation (DOT).
ACTION: Final rule.
SUMMARY: This final rule removes a DOT
rule, Procedures for Reimbursement of
General Aviation Operators and Service
Providers in the Washington, DC Area,
14 CFR Part 331. This rule is being
removed because all reimbursements
under the program have been made and
all program activities completed. The
rule established procedures to
reimburse eligible fixed-based general
aviation operators and providers of
ground support services, at five
Washington, DC area airports, for direct
and incremental financial losses
incurred while the airports were closed
to general aviation operations solely due
to actions of the Federal government
after the September 11, 2001 terrorist
attacks. The rule implemented a
provision in the Department’s Fiscal
Year 2006 Appropriations Act, which
made up to $17 million available for
such reimbursements until expended.
The rule required applications for
reimbursement to be submitted by June
8, 2007. All applications have been
processed, payments made, and
required releases executed.
DATES: Effective Date: February 2, 2010.
FOR FURTHER INFORMATION CONTACT:
Timothy E. Carmody, Transportation
Industry Analyst, Office of Aviation
Analysis, X–50, 1200 New Jersey Ave.,
SE., Washington, DC 20590, (202) 366–
2348.
SUPPLEMENTARY INFORMATION: On
November 30, 2005, the Congress
authorized the Department to reimburse
eligible fixed-based general aviation
operators or providers of general
aviation ground support services at five
airports in the Washington, DC
metropolitan area for direct and
incremental losses due to the actions of
the Federal Government to close
airports to general aviation operations
following the terrorist attacks of
September 11, 2001. Section 185,
VerDate Nov<24>2008
14:43 Feb 01, 2010
Jkt 220001
Transportation, Treasury, Housing and
Urban Development, the Judiciary, the
District of Columbia, and Independent
Agencies Appropriation Act, 2006,
Public Law 109–115, 119 Stat. 2396
(2005) (‘‘Section 185’’).
Section 185 further appropriated up
to $17 million to reimburse the eligible
parties, to be available until expended,
and identified the five airports as
Ronald Reagan Washington National
Airport; College Park Airport in College
Park, Maryland; Potomac Airfield in
Fort Washington, Maryland;
Washington Executive/Hyde Field in
Clinton, Maryland; and Washington
South Capitol Street Heliport in
Washington, DC. Of the total $17
million, the Department was directed to
set aside and make available up to $5
million to reimburse eligible operators
and providers at College Park, Potomac
Airfield, and Hyde Field airports.
Section 185 stated various other
conditions for reimbursement, among
them that those losses incurred as the
result of violations of law, or through
fault or negligence of such entities or of
third parties (including airports) were
not eligible for reimbursement, and that
the obligation and expenditure of funds
were conditional upon full release of the
United States Government for all claims
for financial losses resulting from such
actions.
On October 4, 2006, the Department
published in the Federal Register a
Notice of Proposed Rulemaking seeking
comments on its proposed procedures
implementing Section 185 (71 FR 58546
et seq.). Comments were received from
16 submitters. After fully considering all
comments, the Department prepared a
final rule and published it on April 9,
2007 in the Federal Register (at 72 FR
17381 et seq.). It was codified as 14 CFR
Part 331.
The final rule set out eligibility
standards for participation; specified the
methodology that would be used in
determining losses; stated the eligibility
periods applicable at each airport;
established special procedures for the
$5 million set-aside; and provided an
application form for reimbursement.
The final rule also set a deadline of June
8, 2007 for applications. 14 CFR 331.27.
Twenty-one applicants submitted
claims for reimbursement, of which 18
were determined to be eligible and to
have incurred reimbursable losses. The
Department has completed its review of
all applications and has reimbursed the
eligible claimants for their financial
losses in accordance with Section 185.
Prior to payment each claimant signed
a full release of the United States for all
claims of loss due to such actions, as
required by section 185.
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
The Department has completely
fulfilled its responsibilities under
Section 185 and ceased all actions
under the regulations. As a result, 14
CFR Part 331 serves no further purpose
and may be removed.
Regulatory Analyses and Notices
A. Administrative Procedure Act
The Department has determined that
this rule may be issued without a prior
opportunity for notice and comment
because providing prior notice and
comment would be unnecessary,
impracticable, or contrary to the public
interest. The final rule limited the
period for submitting applications to
June 8, 2007. The rule also limited the
amount of money available for
reimbursement and the scope of
potential beneficiaries. Accordingly,
there would not be any harm to any
identifiable beneficiary by repealing the
rule. The Department has completely
fulfilled its responsibilities under
Section 185 and ceased all actions
under the regulations. Thus, this rule
should be removed. For the same
reasons, the Department finds that there
is good cause to make the rule effective
immediately.
B. Executive Order 12866 and
Regulatory Flexibility Act
The Department has determined that
this action is not considered a
significant regulatory action for
purposes of Executive Order 12866 or
the Department’s regulatory policies and
procedures. This rule is being adopted
solely to remove a rule that is no longer
necessary due to the Department’s
fulfillment of statutory responsibilities.
Given the absence of compliance costs
to anyone, I certify that this final rule
does not have a significant economic
impact on a substantial number of small
entities.
C. Executive Order 13132
This final rule has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13132 (‘‘Federalism’’). This final rule
does not have a substantial direct effect
on, or sufficient federalism implications
for, the States, nor would it limit the
policymaking discretion of the States.
Therefore, the consultation
requirements of Executive Order 13132
do not apply.
D. Executive Order 13175
This final rule has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13175 (‘‘Consultation and Coordination
with Indian Tribal Governments’’).
Because this final rule does not
E:\FR\FM\02FER1.SGM
02FER1
5235
Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Rules and Regulations
significantly or uniquely affect the
communities of the Indian tribal
governments and does not impose
substantial direct compliance costs, the
funding and consultation requirements
of Executive Order 13175 do not apply.
comply with the following specific
provisions of 72 COLREGS without
interfering with its special function as a
naval ship: Annex I, paragraph 3(a),
pertaining to the horizontal distance
between the forward and after masthead
lights. The Deputy Assistant Judge
Advocate General (Admiralty and
Maritime Law) has also certified that the
lights involved are located in closest
possible compliance with the applicable
72 COLREGS requirements.
Moreover, it has been determined, in
accordance with 32 CFR Parts 296 and
701, that publication of this amendment
for public comment prior to adoption is
impracticable, unnecessary, and
contrary to public interest since it is
based on technical findings that the
placement of lights on this vessel in a
manner differently from that prescribed
herein will adversely affect the vessel’s
ability to perform its military functions.
DEPARTMENT OF DEFENSE
Department of the Navy
32 CFR Part 706
E. Paperwork Reduction Act
This rule contains no information
collection requirements under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
Certifications and Exemptions Under
the International Regulations for
Preventing Collisions at Sea, 1972
AGENCY:
ACTION:
F. Unfunded Mandates Reform Act
The Department of Transportation has
determined that the requirements of
Title II of the Unfunded Mandates
Reform Act of 1995 do not apply to this
rulemaking.
List of Subjects in 14 CFR Part 331
Air carriers.
Authority: Section 185, Transportation,
Treasury, Housing and Urban Development,
the Judiciary, the District of Columbia, and
Independent Agencies Appropriation Act,
2006, Public Law 109–115, 119 Stat. 2396
(2005); 49 U.S.C. 322(a).
Accordingly, under the authority of
119 Stat. 2396 (2005) and 49 U.S.C.
322(a), the Department of
Transportation amends 14 CFR chapter
2 by removing part 331:
■
PART 331—PROCEDURES FOR
REIMBURSEMENT OF GENERAL
AVIATION OPERATORS AND SERVICE
PROVIDERS IN THE WASHINGTON, DC
AREA
PART 331—[REMOVED AND
RESERVED]
Remove and reserve Part 331,
consisting of subparts A through C.
■
Issued in Washington, DC, on January 25,
2010.
Susan Kurland,
Assistant Secretary for Aviation and
International Affairs.
[FR Doc. 2010–2134 Filed 2–1–10; 8:45 am]
BILLING CODE 4910–9X–P
Department of the Navy, DoD.
Final rule.
SUMMARY: The Department of the Navy
is amending its certifications and
exemptions under the International
Regulations for Preventing Collisions at
Sea, 1972 (72 COLREGS), to reflect that
the Deputy Assistant Judge Advocate
General (Admiralty and Maritime Law)
has determined that USS BUNKER HILL
(CG 52)) is a vessel of the Navy which,
due to its special construction and
purpose, cannot fully comply with
certain provisions of the 72 COLREGS
without interfering with its special
function as a naval ship. The intended
effect of this rule is to warn mariners in
waters where 72 COLREGS apply.
DATES: This rule is effective February 2,
2010 and is applicable beginning
January 21, 2010.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander Ted Cook,
JAGC, U.S. Navy, Admiralty Attorney,
(Admiralty and Maritime Law), Office of
the Judge Advocate General, Department
of the Navy, 1322 Patterson Ave., SE.,
Suite 3000, Washington Navy Yard, DC
20374–5066, telephone number: 202–
685–5040.
SUPPLEMENTARY INFORMATION: Pursuant
to the authority granted in 33 U.S.C.
1605, the Department of the Navy
amends 32 CFR Part 706.
This amendment provides notice that
the Deputy Assistant Judge Advocate
General (Admiralty and Maritime Law),
under authority delegated by the
Secretary of the Navy, has certified that
USS BUNKER HILL (CG 52)) is a vessel
of the Navy which, due to its special
construction and purpose, cannot fully
List of Subjects in 32 CFR Part 706
Marine safety, Navigation (water), and
Vessels.
For the reasons set forth in the
preamble, the Navy amends part 706 of
title 32 of the Code of Federal
Regulations as follows:
■
PART 706—CERTIFICATIONS AND
EXEMPTIONS UNDER THE
INTERNATIONAL REGULATIONS FOR
PREVENTING COLLISIONS AT SEA,
1972
1. The authority citation for part 706
continues to read as follows:
■
Authority: 33 U.S.C. 1605.
2. Section 706.2 is amended in Table
Five by revising the entry for USS
BUNKER HILL (CG 52) to read as
follows:
■
§ 706.2 Certifications of the Secretary of
the Navy under Executive Order 11964 and
33 U.S.C. 1605.
*
*
*
*
*
TABLE FIVE
Masthead light
not over all
other lights and
obstructions
Annex I,
section 2(f)
erowe on DSKG8SOYB1PROD with RULES
Vessel
No.
*
*
USS BUNKER HILL ...................
*
CG 52 .........................................
*
*
*
*
VerDate Nov<24>2008
*
14:43 Feb 01, 2010
Jkt 220001
PO 00000
Frm 00011
Forward masthead light not in
forward quarter
of ship. Annex I,
section 3(a)
After masthead
light less than 1⁄2
ship’s length aft
of forward masthead light Annex
I, section 3(a)
*
*
X
Fmt 4700
X
*
Sfmt 4700
E:\FR\FM\02FER1.SGM
*
02FER1
Percentage horizontal separation
attained
*
36.8
*
]]>Agencies
[Federal Register Volume 75, Number 21 (Tuesday, February 2, 2010)]
[Rules and Regulations]
[Pages 5234-5235]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2134]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Part 331
RIN 2105-AD93
Procedures for Reimbursement of General Aviation Operators and
Service Providers in the Washington, DC Area; Removal
AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule removes a DOT rule, Procedures for
Reimbursement of General Aviation Operators and Service Providers in
the Washington, DC Area, 14 CFR Part 331. This rule is being removed
because all reimbursements under the program have been made and all
program activities completed. The rule established procedures to
reimburse eligible fixed-based general aviation operators and providers
of ground support services, at five Washington, DC area airports, for
direct and incremental financial losses incurred while the airports
were closed to general aviation operations solely due to actions of the
Federal government after the September 11, 2001 terrorist attacks. The
rule implemented a provision in the Department's Fiscal Year 2006
Appropriations Act, which made up to $17 million available for such
reimbursements until expended. The rule required applications for
reimbursement to be submitted by June 8, 2007. All applications have
been processed, payments made, and required releases executed.
DATES: Effective Date: February 2, 2010.
FOR FURTHER INFORMATION CONTACT: Timothy E. Carmody, Transportation
Industry Analyst, Office of Aviation Analysis, X-50, 1200 New Jersey
Ave., SE., Washington, DC 20590, (202) 366-2348.
SUPPLEMENTARY INFORMATION: On November 30, 2005, the Congress
authorized the Department to reimburse eligible fixed-based general
aviation operators or providers of general aviation ground support
services at five airports in the Washington, DC metropolitan area for
direct and incremental losses due to the actions of the Federal
Government to close airports to general aviation operations following
the terrorist attacks of September 11, 2001. Section 185,
Transportation, Treasury, Housing and Urban Development, the Judiciary,
the District of Columbia, and Independent Agencies Appropriation Act,
2006, Public Law 109-115, 119 Stat. 2396 (2005) (``Section 185'').
Section 185 further appropriated up to $17 million to reimburse the
eligible parties, to be available until expended, and identified the
five airports as Ronald Reagan Washington National Airport; College
Park Airport in College Park, Maryland; Potomac Airfield in Fort
Washington, Maryland; Washington Executive/Hyde Field in Clinton,
Maryland; and Washington South Capitol Street Heliport in Washington,
DC. Of the total $17 million, the Department was directed to set aside
and make available up to $5 million to reimburse eligible operators and
providers at College Park, Potomac Airfield, and Hyde Field airports.
Section 185 stated various other conditions for reimbursement, among
them that those losses incurred as the result of violations of law, or
through fault or negligence of such entities or of third parties
(including airports) were not eligible for reimbursement, and that the
obligation and expenditure of funds were conditional upon full release
of the United States Government for all claims for financial losses
resulting from such actions.
On October 4, 2006, the Department published in the Federal
Register a Notice of Proposed Rulemaking seeking comments on its
proposed procedures implementing Section 185 (71 FR 58546 et seq.).
Comments were received from 16 submitters. After fully considering all
comments, the Department prepared a final rule and published it on
April 9, 2007 in the Federal Register (at 72 FR 17381 et seq.). It was
codified as 14 CFR Part 331.
The final rule set out eligibility standards for participation;
specified the methodology that would be used in determining losses;
stated the eligibility periods applicable at each airport; established
special procedures for the $5 million set-aside; and provided an
application form for reimbursement. The final rule also set a deadline
of June 8, 2007 for applications. 14 CFR 331.27. Twenty-one applicants
submitted claims for reimbursement, of which 18 were determined to be
eligible and to have incurred reimbursable losses. The Department has
completed its review of all applications and has reimbursed the
eligible claimants for their financial losses in accordance with
Section 185. Prior to payment each claimant signed a full release of
the United States for all claims of loss due to such actions, as
required by section 185.
The Department has completely fulfilled its responsibilities under
Section 185 and ceased all actions under the regulations. As a result,
14 CFR Part 331 serves no further purpose and may be removed.
Regulatory Analyses and Notices
A. Administrative Procedure Act
The Department has determined that this rule may be issued without
a prior opportunity for notice and comment because providing prior
notice and comment would be unnecessary, impracticable, or contrary to
the public interest. The final rule limited the period for submitting
applications to June 8, 2007. The rule also limited the amount of money
available for reimbursement and the scope of potential beneficiaries.
Accordingly, there would not be any harm to any identifiable
beneficiary by repealing the rule. The Department has completely
fulfilled its responsibilities under Section 185 and ceased all actions
under the regulations. Thus, this rule should be removed. For the same
reasons, the Department finds that there is good cause to make the rule
effective immediately.
B. Executive Order 12866 and Regulatory Flexibility Act
The Department has determined that this action is not considered a
significant regulatory action for purposes of Executive Order 12866 or
the Department's regulatory policies and procedures. This rule is being
adopted solely to remove a rule that is no longer necessary due to the
Department's fulfillment of statutory responsibilities. Given the
absence of compliance costs to anyone, I certify that this final rule
does not have a significant economic impact on a substantial number of
small entities.
C. Executive Order 13132
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
final rule does not have a substantial direct effect on, or sufficient
federalism implications for, the States, nor would it limit the
policymaking discretion of the States. Therefore, the consultation
requirements of Executive Order 13132 do not apply.
D. Executive Order 13175
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not
[[Page 5235]]
significantly or uniquely affect the communities of the Indian tribal
governments and does not impose substantial direct compliance costs,
the funding and consultation requirements of Executive Order 13175 do
not apply.
E. Paperwork Reduction Act
This rule contains no information collection requirements under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
F. Unfunded Mandates Reform Act
The Department of Transportation has determined that the
requirements of Title II of the Unfunded Mandates Reform Act of 1995 do
not apply to this rulemaking.
List of Subjects in 14 CFR Part 331
Air carriers.
Authority: Section 185, Transportation, Treasury, Housing and
Urban Development, the Judiciary, the District of Columbia, and
Independent Agencies Appropriation Act, 2006, Public Law 109-115,
119 Stat. 2396 (2005); 49 U.S.C. 322(a).
0
Accordingly, under the authority of 119 Stat. 2396 (2005) and 49 U.S.C.
322(a), the Department of Transportation amends 14 CFR chapter 2 by
removing part 331:
PART 331--PROCEDURES FOR REIMBURSEMENT OF GENERAL AVIATION
OPERATORS AND SERVICE PROVIDERS IN THE WASHINGTON, DC AREA
PART 331--[REMOVED AND RESERVED]
0
Remove and reserve Part 331, consisting of subparts A through C.
Issued in Washington, DC, on January 25, 2010.
Susan Kurland,
Assistant Secretary for Aviation and International Affairs.
[FR Doc. 2010-2134 Filed 2-1-10; 8:45 am]
BILLING CODE 4910-9X-P
