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Federal Aviation Administration (FAA), DOT.
Final rule; technical amendment.
The Federal Aviation Administration (FAA) is making minor technical changes to its regulations by removing Special Federal Aviation Regulations (SFARs) that have expired, as well as references to them, from the Code of Federal Regulations. None of these changes are substantive in nature since the regulations in question have expired and are not currently in effect. This technical amendment is necessary to update our regulations. The rule will not impose any additional burden or restriction on persons or organizations affected by these regulations.
Effective on March 1, 2002.
Bonnie Fritts, (202) 267-7037; Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; e-mail bonnie.fritts@faa.gov.
The FAA periodically issues temporary regulations called Special Federal Aviation Regulations (SFARs). These SFARs are typically expected to be necessary for a finite period of time, and therefore, usually specify an expiration date within the regulatory text of the SFAR. Title 14 of the Code of Federal Regulations currently contains several SFARs with expiration dates that have passed. To maintain an accurate body of regulations, we are removing those expired SFARs, as well as references to them, which are now obsolete. This document makes the appropriate technical changes to remove SFAR Nos. 26, 38-2, 41, 52, 53, 62, 63, 64, 66-2, and 67, and corresponding references to them from the Code of Federal Regulations. In one instance of corresponding reference, the entire section pertains to the expired SFAR. That section, § 119.2, is removed in its entirety. The following table of expired SFARs is presented for the reader's convenience.
| Part containing SFAR | SFAR to be removed | Expiration date | Conforming amendments |
|---|---|---|---|
| 11 | 11.201(b) OMB Table (SFAR 64 reference). | ||
| 21 | 26 | 12-01-1977 | |
| 41 | 09-13-1983 | ||
| 23 | Editorial note to SFAR 41. | ||
| 36 | Editorial note to SFAR 41. | ||
| 63 | 63 | 12-31-1992 | |
| 65 | 63 | 12-31-1992 | |
| 73 | 53 | 01-15-1996 | |
| 91 | 62 | 12-30-1993 | |
| 64 | 12-31-1999 | ||
| 66-2 | Suspended indefinitely on 01-09-1996 | ||
| 67 | 05-10-2000 | ||
| 119 | 119.1(e)(2) (SFAR 38-2 reference). 119.2 entire section obsolete (SFAR 38-2 references). | ||
| 121 | 38-2 | 03-20-1997 | |
| Editorial note to SFAR 52. | |||
| 125 | Editorial note to SFAR 38-2. | ||
| 129 | Editorial note to SFAR 38-2. | ||
| 135 | Editorial note to SFAR 38-2. | ||
| 52 | 12-01-1988 |
Under the Administrative Procedure Act, an agency doesn't have to issue a notice of proposed rulemaking when the agency for good cause finds that notice and public procedure are “impracticable, unnecessary, or contrary to the public interest.” See 5 U.S.C. 553(b). Because this technical amendment simply removes obsolete regulations and references, we find that publishing the changes for public notice and comment is necessary.
The Administrative Procedure Act also states that an agency must publish a substantive rule not less than 30 days before its effective date, except as otherwise provided by the agency for good cause. See 5 U.S.C. 553(b). We find that this technical amendment imposes no additional burden or requirement on the regulated industry, and is not substantive in nature. Moreover, We find that there is good cause to make the changes effective immediately upon publication in the Federal Register . It is in the public interest to remove these obsolete references from regulations immediately.
This regulation is editorial in nature and imposes no additional burden on any person or organization. Therefore, we have determined the action: (1) Is not a significant rule under Executive Order 12866; and (2) is not a significant rule under Department of Transportation Regulatory Policies and Procedures. No impact is expected to result, and a full regulatory evaluation is not required. In addition, the FAA certifies that rule will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.
In consideration of the foregoing, the Federal Aviation Administration amends parts 11, 21, 23, 36, 63, 65, 73, 91, 119, 121, 125, 129, and 135 of title 14 of the Code of Federal Regulations as follows:
1. The authority citation for part 11 continues to read as follows:
2. Amend § 11.201(b) by removing the penultimate entry for SFAR 64 from the table.
3. The authority citation for part 21 continues to read as follows:
4. Remove SFAR No. 26 from part 21.
5. Remove SFAR No. 41 from part 21.
6. The authority citation for part 23 continues to read as follows:
7. Remove SFAR No. 41 editorial note from part 23.
8. The authority citation for part 36 continues to read as follows:
9. Remove SFAR No. 41 editorial note from part 36.
10. The authority citation for part 63 continues to read as follows:
11. Remove SFAR No. 63 from part 63.
12. The authority citation for part 65 continues to read as follows:
13. Remove SFAR No. 63 from part 65.
14. The authority citation for part 73 continues to read as follows:
15. Remove SFAR No. 53 from part 73.
16. The authority citation for part 91 continues to read as follows:
17. Remove SFAR No. 62 from part 91.
18. Remove SFAR No. 64 from part 91.
19. Remove SFAR No. 66-2 from part 91.
( printed page 9554)20. Remove SFAR No. 67 from part 91.
21. The authority citation for part 119 continues to read as follows:
22. Amend § 119.1(e)(2) by removing the words “and SFAR 38-2 of 14 CFR part 121”.
23. Remove § 119.2.
24. The authority citation for part 121 continues to read as follows:
25. Remove SFAR No. 38-2 from part 121.
26. Remove SFAR No. 52 editorial note from part 121.
27. The authority citation for part 125 continues to read as follows:
28. Remove SFAR No. 38-2 editorial note from part 125.
29. The authority citation for part 129 continues to read as follows:
30. Remove SFAR No. 38-2 editorial note from part 129.
31. The authority citation for part 135 continues to read as follows:
32. Remove SFAR No. 38-2 editorial note from part 135.
33. Remove SFAR No. 52 from part 135.
Issued in Washington, DC on February 22, 2002.
Donald P. Byrne,
Assistant Chief Counsel for Regulations.
[FR Doc. 02-4846 Filed 2-28-02; 8:45 am]
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