Repeal of Aircraft Allocation Regulations, 10619-10620 [2020-02757]

Download as PDF Federal Register / Vol. 85, No. 37 / Tuesday, February 25, 2020 / Rules and Regulations E. Unfunded Mandates Reform Act This rule does not impose an unfunded mandate on State, local, or tribal governments, or the private sector of more than $100 million per year. The rule does not have a significant or unique effect on State, local, or tribal governments or the private sector. Therefore, a statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required. F. Takings (E.O. 12630) This rule does not effect a taking of private property or otherwise have takings implications under E.O. 12630. Therefore, a takings implication assessment is not required. G. Federalism (E.O. 13132) Under the criteria in section 1 of E.O. 13132, this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. Therefore, a federalism summary impact statement is not required. H. Civil Justice Reform (E.O. 12988) This rule complies with the requirements of E.O. 12988. Specifically, this rule: (a) Meets the criteria of section 3(a) requiring that all regulations be reviewed to eliminate errors and ambiguity and be written to minimize litigation; and (b) Meets the criteria of section 3(b)(2) requiring that all regulations be written in clear language and contain clear legal standards. jbell on DSKJLSW7X2PROD with RULES I. Consultation With Indian Tribes (E.O. 13175 and Departmental Policy) The Department of the Interior strives to strengthen its government-togovernment relationship with Indian tribes through a commitment to consultation with Indian tribes and recognition of their right to selfgovernance and tribal sovereignty. We have evaluated this rule under the Department’s consultation policy and under the criteria in E.O. 13175 and have determined that it has no substantial direct effects on federally recognized Indian tribes and that consultation under the Department’s tribal consultation policy is not required. J. Paperwork Reduction Act This rule does not contain information collection requirements, and a submission to OMB under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) is not required. We may not conduct or sponsor, and you are not VerDate Sep<11>2014 18:34 Feb 24, 2020 Jkt 250001 10619 required to respond to, a collection of information unless it displays a currently valid OMB control number. ■ K. National Environmental Policy Act Casey B. Hammond, Acting Assistant Secretary—Land and Minerals Management, U.S. Department of the Interior. A detailed statement under the National Environmental Policy Act of 1969 (NEPA) is not required because, as a regulation of an administrative nature, the rule is covered by a categorical exclusion (see 43 CFR 46.210(i)). We have also determined that the rule does not involve any of the extraordinary circumstances listed in 43 CFR 46.215 that would require further analysis under NEPA. L. Effects on the Energy Supply (E.O. 13211) This rule is not a significant energy action under the definition in E.O. 13211. Therefore, a Statement of Energy Effects is not required. List of Subjects 43 CFR Part 3160 Administrative practice and procedure; Government contracts; Indians—lands; Mineral royalties; Oil and gas exploration; Penalties; Public lands—mineral resources; Reporting and recordkeeping requirements. For the reasons given in the preamble, the BLM amends chapter II of title 43 of the Code of Federal Regulations as follows: PART 3160—ONSHORE OIL AND GAS OPERATIONS 1. The authority citation for part 3160 continues to read as follows: ■ Authority: 25 U.S.C. 396d and 2107; 30 U.S.C. 189, 306, 359, and 1751; 43 U.S.C. 1732(b), 1733, 1740; and Sec. 701, Pub. L. 114–74, 129 Stat. 599, unless otherwise noted. Subpart 3163—Noncompliance, Assessments, and Penalties § 3163.2 [Amended] 2. In § 3163.2: ■ a. In paragraph (b)(1), remove ‘‘$1,096’’ and add in its place ‘‘$1,115’’; ■ b. In paragraph (b)(2), remove ‘‘$10,967’’ and add in its place ‘‘$11,160’’; ■ c. In paragraph (d), remove ‘‘$1,096’’ and add in its place ‘‘$1,115’’; ■ d. In paragraph (e) introductory text, remove ‘‘$21,933’’ and add in its place ‘‘$22,320’’; and ■ PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 e. In paragraph (f) introductory text, remove ‘‘$54,833’’ and add in its place ‘‘$55,800’’. [FR Doc. 2020–03134 Filed 2–24–20; 8:45 am] BILLING CODE 4310–84–P DEPARTMENT OF TRANSPORTATION Office of the Secretary of Transportation 49 CFR Part 93 RIN 2105–AE86 Repeal of Aircraft Allocation Regulations Office of the Secretary of Transportation (OST), U.S. Department of Transportation (DOT). ACTION: Final rule. AGENCY: This final rule rescinds DOT regulations regarding aircraft allocation from the Code of Federal Regulations. The regulations prescribe procedures for the allocation of aircraft to the Civil Reserve Air Fleet (CRAF) program. The Department of Transportation (the Department or DOT) has concluded that the regulations are unnecessary and obsolete because they are inconsistent with the contractual nature of the current CRAF program and the Department’s current procedures for allocation of civil transportation resources under the Defense Production Act. DATES: This rule is effective on February 25, 2020. FOR FURTHER INFORMATION CONTACT: Donna O’Berry, Office of Intelligence, Security, and Emergency Response, Department of Transportation, 1200 New Jersey Avenue SE, Room W56–302, Washington, DC 20590; telephone: (202) 366–6136; email: donna.o’berry@ dot.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Electronic Access and Filing This document may be viewed online through the Federal eRulemaking portal at https://www.regulations.gov. Retrieval help and guidelines are available on the website. It is available 24 hours each day, 365 days a year. An electronic copy of this document may also be downloaded from the Office of the Federal Register website at: https:// www.archives.gov/federal-register and the Government Publishing Office website at: https://www.gpo.gov. E:\FR\FM\25FER1.SGM 25FER1 10620 Federal Register / Vol. 85, No. 37 / Tuesday, February 25, 2020 / Rules and Regulations Background jbell on DSKJLSW7X2PROD with RULES Under the Defense Production Act, which governs the CRAF program, aircraft may be added to the CRAF either by allocation by DOT or made available to Department of Defense (DOD) under a contract.1 10 U.S.C. 9511(6). The Department’s Aircraft Allocation regulations to implement this provision were published in part 93 of title 49 of the Code of Federal Regulations on December 23, 1967,2 and amended on May 29, 1968.3 Part 93 includes two requirements. Section 93.1 provides that the Department will issue planning orders allocating aircraft to DOD for the CRAF Program and that the current listing of allocations may be obtained upon request. Section 93.3 provides that the owners and operators of aircraft identified in the allocations must notify the Department when aircraft is damaged, destroyed, or transferred. The requirements in part 93 are inconsistent with the current regulatory framework and practices surrounding the CRAF Program. Under current DOD practice, all aircraft in the CRAF are made available for use by DOD through contracts between DOD and air carriers, and allocations by DOT are not needed. Further, allocations under the Defense Production Act for all civil transportation resources are now governed by the Department’s Transportation Priorities and Allocation System (TPAS) regulation at 49 CFR part 33. If DOD needs to augment the CRAF fleet, DOT may allocate aircraft to CRAF under section 101 of the Defense Production Act of 1950 (50 U.S.C. 4511) under the Department’s TPAS regulations. Part 93 is not necessary to facilitate these allocation actions. The procedures in part 93 are inconsistent with the TPAS regulations. Part 93 also imposes reporting requirements on the owners of aircraft identified in an allocation. However, the Department does not have a need for the information prescribed in § 93.3. In light of the above, the Department has determined that part 93 is outdated and inconsistent with current practice and procedures. Accordingly, this 1 Section 9511 of Title 10, U.S.C. defines the ‘‘Civil Reserve Air Fleet’’ as ‘‘those aircraft allocated, or identified for allocation, to the Department of Defense under section 101 of the Defense Production Act of 1950 (50 U.S.C. 4511), or made available (or agreed to be made available) for use by the Department of Defense under a contract made under this title, as part of the program developed by the Department of Defense through which the Department of Defense augments its airlift capability by use of civil aircraft.’’ 2 See 32 FR 20778 (December 23, 1967). 3 See 33 FR 7821 (May 29, 1968). VerDate Sep<11>2014 18:34 Feb 24, 2020 Jkt 250001 rulemaking rescinds part 93 of title 49 of the CFR in its entirety. Good Cause To Dispense With Notice and Comment and Delayed Effective Date Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency may waive notice and comment procedures if it finds, for good cause, that notice and comment would be impracticable, unnecessary, or contrary to the public interest. The Department finds that notice and comment for this rule is unnecessary because the regulations are inconsistent with the current administration of the CRAF program and the regulations prescribing DOT’s allocation process under the Defense Production Act. Further, neither the Department, nor CRAF carriers are currently complying with these outdated regulations. Therefore, the removal of these regulations will have no impact on the aviation industry or the public. Accordingly, the Department finds good cause under 5 U.S.C. 553(b)(3)(B) to waive notice and opportunity for comment. For the same reasons, the Department finds good cause to dispense with the requirement for a delayed effective date. Rulemaking Analyses and Notices Executive Order 12866 (Regulatory Planning and Review), Executive Order 13563 (Improving Regulation and Regulatory Review) The Department has determined that this rulemaking is not a significant regulatory action under section 3(f) of E.O. 12866, Regulatory Planning and Review, as supplemented by E.O. 13563 (76 FR 3821, January 21, 2011). The Office of Management and Budget (OMB) did not, therefore, review this document. This rule is not expected to have any costs because it will be conforming the regulations to current practice. There may be de minimis cost savings as a result of increased clarity in the regulations. DOT Rulemaking Procedures This rulemaking is being promulgated consistent with the Department’s rulemaking procedures, outlined at 49 CFR part 5. Executive Order 13711 (Reducing Regulation and Controlling Regulatory Cost) This final rule is considered an E.O. 13771 deregulatory action. Regulatory Flexibility Act Since the Department finds good cause under 5 U.S.C. 553(b)(3)(B) to waive notice and opportunity for PO 00000 Frm 00066 Fmt 4700 Sfmt 9990 comment for this rule, the provisions of the Regulatory Flexibility Act (Pub. L. 96–354, 5 U.S.C. 601–612) do not apply. However, the Department evaluated the effects of this action on small entities and determined the action would not have a significant economic impact on a substantial number of small entities. This final rule removes an outdated reporting requirement for air carriers participating in the CRAF program, and does not create new requirements for air carriers. Unfunded Mandates Reform Act of 1995 The Department has determined that this rule does not impose unfunded mandates, as defined by the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4, March 22, 1995, 109 Stat. 48). This rule does not include a Federal mandate that may result in expenditures of $155.1 million or more in any single year (when adjusted for inflation) in 2012 dollars for either State, local, and Tribal governments in the aggregate, or by the private sector. Paperwork Reduction Act Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), Federal agencies must obtain approval from the OMB for each collection of information they conduct, sponsor, or require through regulations. DOT determined that no new information collection requirements are associated with this rule. Regulation Identifier Number (RIN) A regulation identifier number (RIN) is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN number contained in the heading of this document can be used to cross-reference this action with the Unified Agenda. List of Subjects in 49 CFR Part 93 Aircraft, Reporting and recordkeeping requirements. Authority and Issuance PART 93—[REMOVED AND RESERVED] Therefore, under the authority of 50 U.S.C. 4511, DOT removes and reserves 49 CFR part 93. ■ Issued in Washington, DC, under the authority provided by 49 CFR 1.23 on February 6, 2020. Steven G. Bradbury, General Counsel. [FR Doc. 2020–02757 Filed 2–24–20; 8:45 am] BILLING CODE 4910–9X–P E:\FR\FM\25FER1.SGM 25FER1

Agencies

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


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

49 CFR Part 93

RIN 2105-AE86


Repeal of Aircraft Allocation Regulations

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

ACTION: Final rule.

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

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

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

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

SUPPLEMENTARY INFORMATION: 

Electronic Access and Filing

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

[[Page 10620]]

Background

    Under the Defense Production Act, which governs the CRAF program, 
aircraft may be added to the CRAF either by allocation by DOT or made 
available to Department of Defense (DOD) under a contract.\1\ 10 U.S.C. 
9511(6). The Department's Aircraft Allocation regulations to implement 
this provision were published in part 93 of title 49 of the Code of 
Federal Regulations on December 23, 1967,\2\ and amended on May 29, 
1968.\3\ Part 93 includes two requirements. Section 93.1 provides that 
the Department will issue planning orders allocating aircraft to DOD 
for the CRAF Program and that the current listing of allocations may be 
obtained upon request. Section 93.3 provides that the owners and 
operators of aircraft identified in the allocations must notify the 
Department when aircraft is damaged, destroyed, or transferred.
---------------------------------------------------------------------------

    \1\ Section 9511 of Title 10, U.S.C. defines the ``Civil Reserve 
Air Fleet'' as ``those aircraft allocated, or identified for 
allocation, to the Department of Defense under section 101 of the 
Defense Production Act of 1950 (50 U.S.C. 4511), or made available 
(or agreed to be made available) for use by the Department of 
Defense under a contract made under this title, as part of the 
program developed by the Department of Defense through which the 
Department of Defense augments its airlift capability by use of 
civil aircraft.''
    \2\ See 32 FR 20778 (December 23, 1967).
    \3\ See 33 FR 7821 (May 29, 1968).
---------------------------------------------------------------------------

    The requirements in part 93 are inconsistent with the current 
regulatory framework and practices surrounding the CRAF Program. Under 
current DOD practice, all aircraft in the CRAF are made available for 
use by DOD through contracts between DOD and air carriers, and 
allocations by DOT are not needed. Further, allocations under the 
Defense Production Act for all civil transportation resources are now 
governed by the Department's Transportation Priorities and Allocation 
System (TPAS) regulation at 49 CFR part 33. If DOD needs to augment the 
CRAF fleet, DOT may allocate aircraft to CRAF under section 101 of the 
Defense Production Act of 1950 (50 U.S.C. 4511) under the Department's 
TPAS regulations. Part 93 is not necessary to facilitate these 
allocation actions. The procedures in part 93 are inconsistent with the 
TPAS regulations. Part 93 also imposes reporting requirements on the 
owners of aircraft identified in an allocation. However, the Department 
does not have a need for the information prescribed in Sec.  93.3.
    In light of the above, the Department has determined that part 93 
is outdated and inconsistent with current practice and procedures. 
Accordingly, this rulemaking rescinds part 93 of title 49 of the CFR in 
its entirety.

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

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

Rulemaking Analyses and Notices

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

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

DOT Rulemaking Procedures

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

Executive Order 13711 (Reducing Regulation and Controlling Regulatory 
Cost)

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

Regulatory Flexibility Act

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

Unfunded Mandates Reform Act of 1995

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

Paperwork Reduction Act

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

Regulation Identifier Number (RIN)

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

List of Subjects in 49 CFR Part 93

    Aircraft, Reporting and recordkeeping requirements.

Authority and Issuance

PART 93--[REMOVED AND RESERVED]

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

    Issued in Washington, DC, under the authority provided by 49 CFR 
1.23 on February 6, 2020.
Steven G. Bradbury,
General Counsel.
[FR Doc. 2020-02757 Filed 2-24-20; 8:45 am]
BILLING CODE 4910-9X-P
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