02-4846. Removal of Expired Special Federal Aviation Regulations  

  • Start Preamble Start Printed Page 9552

    AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule; technical amendment.

    SUMMARY:

    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 DATE:

    Effective on March 1, 2002.

    Start Further Info

    FOR FURTHER INFORMATION CONTACT:

    Bonnie Fritts, (202) 267-7037; Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; e-mail bonnie.fritts@faa.gov.

    End Further Info End Preamble Start Supplemental Information

    SUPPLEMENTARY INFORMATION:

    Background

    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.

    Expired SFARs and Conforming Amendments

    Part containing SFARSFAR to be removedExpiration dateConforming amendments
    1111.201(b) OMB Table (SFAR 64 reference).
    212612-01-1977
    4109-13-1983
    23Editorial note to SFAR 41.
    36Editorial note to SFAR 41.
    636312-31-1992
    656312-31-1992
    735301-15-1996
    916212-30-1993
    6412-31-1999
    66-2Suspended indefinitely on 01-09-1996
    6705-10-2000
    119119.1(e)(2) (SFAR 38-2 reference). 119.2 entire section obsolete (SFAR 38-2 references).
    12138-203-20-1997
    Editorial note to SFAR 52.
    125Editorial note to SFAR 38-2.
    129Editorial note to SFAR 38-2.
    135Editorial note to SFAR 38-2.
    5212-01-1988

    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.

    Start List of Subjects

    List of Subjects

    14 CFR Part 11

    • Administrative practice and procedure
    • Reporting and recordkeeping requirements

    14 CFR Part 21

    • Aircraft
    • Aviation safety
    • Exports
    • Imports
    • Reporting and recordkeeping requirements

    14 CFR Part 23

    • Aircraft
    • Aviation safety
    • Signs and symbols

    14 CFR Part 36

    • Aircraft
    • Noise control

    14 CFR Part 63

    • Aircraft
    • Airmen
    • Alcohol abuse
    • Drug abuse
    • Navigation (air)
    • Reporting and recordkeeping requirements

    14 CFR Part 65

    • Air traffic controllers
    • Aircraft
    • Airmen
    • Airports
    • Alcohol abuse
    • Drug abuse
    • Reporting and recordkeeping requirements

    14 CFR Part 73

    • Airspace
    • Navigation (air)
    • Security measures

    14 CFR Part 91

    • Afghanistan
    • Agriculture
    • Air traffic control
    • Aircraft
    • Airmen
    • Airports
    • Aviation safety
    • Canada
    • Former Yugoslavia
    • Freight
    • Mexico
    • Noise control
    • Political candidates
    • Reporting and recordkeeping requirements

    14 CFR Part 119

    • Administrative practice and procedure
    • Air carriers
    • Aircraft
    • Aviation safety
    • Charter flights
    • Reporting and recordkeeping requirements

    14 CFR Part 121

    • Air carriers
    • Aircraft
    • Airmen
    • Alcohol abuse
    • Aviation safety
    • Charter flights
    • Drug abuse
    • Drug testing
    • Reporting and recordkeeping requirements
    • Safety
    • Transportation

    14 CFR Part 125

    • Aircraft
    • Airmen
    • Aviation safety
    • Reporting and recordkeeping requirements

    14 CFR Part 129

    • Air carriers
    • Aircraft
    • Aviation safety
    • Reporting and recordkeeping requirements
    • Security measures
    • Smoking

    14 CFR Part 135

    • Air taxis
    • Aircraft
    • Airmen
    • Alcohol abuse
    • Aviation safety
    • Drug abuse
    • Drug testing
    • Reporting and recordkeeping requirements
    End List of Subjects Start Amendment Part

    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:

    End Amendment Part Start Part

    PART 11—GENERAL RULEMAKING PROCEDURES

    End Part Start Amendment Part

    1. The authority citation for part 11 continues to read as follows:

    End Amendment Part Start Authority

    Authority: 49 U.S.C. 106(g), 40101, 40103, 40105, 40109, 40113, 44110, 44502, 44701-44702, 44711, and 46102.

    End Authority
    [Amended]
    Start Amendment Part

    2. Amend § 11.201(b) by removing the penultimate entry for SFAR 64 from the table.

    End Amendment Part Start Part

    PART 21—CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS

    End Part Start Amendment Part

    3. The authority citation for part 21 continues to read as follows:

    End Amendment Part Start Authority

    Authority: 42 U.S.C. 7572; 49 U.S.C. 106(g), 40105, 40113, 44701-44702, 44707, 44709, 44711, 44713, 44715, 45303.

    End Authority

    Special Federal Aviation Regulation No. 26 [Removed]

    Start Amendment Part

    4. Remove SFAR No. 26 from part 21.

    End Amendment Part

    Special Federal Aviation Regulation No. 41 [Removed]

    Start Amendment Part

    5. Remove SFAR No. 41 from part 21.

    End Amendment Part Start Part

    PART 23—AIRWORTHINESS STANDARDS: NORMAL, UTILITY, ACROBATIC, AND COMMUTER CATEGORY AIRPLANES

    End Part Start Amendment Part

    6. The authority citation for part 23 continues to read as follows:

    End Amendment Part Start Authority

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44704.

    End Authority

    Special Federal Aviation Regulation No. 41 [Removed]

    Start Amendment Part

    7. Remove SFAR No. 41 editorial note from part 23.

    End Amendment Part Start Part

    PART 36—NOISE STANDARDS: AIRCRAFT TYPE AND AIRWORTHINESS CERTIFICATION

    End Part Start Amendment Part

    8. The authority citation for part 36 continues to read as follows:

    End Amendment Part Start Authority

    Authority: 42 U.S.C. 4321 et seq.; 49 U.S.C. 106(g), 40113, 44701-44702, 44704, 44715; sec. 305, Pub. L. 96-193, 94 Stat. 50, 57; E.O. 11514, 35 FR 4247, 3 CFR, 1966-1970 Comp., p. 902.

    End Authority

    Special Federal Aviation Regulation No. 41 [Removed]

    Start Amendment Part

    9. Remove SFAR No. 41 editorial note from part 36.

    End Amendment Part Start Part

    PART 63—CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS

    End Part Start Amendment Part

    10. The authority citation for part 63 continues to read as follows:

    End Amendment Part Start Authority

    Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-44711, 45102-45103, 45301-45302.

    End Authority

    Special Federal Aviation Regulation No. 63 [Removed]

    Start Amendment Part

    11. Remove SFAR No. 63 from part 63.

    End Amendment Part Start Part

    PART 65—CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS

    End Part Start Amendment Part

    12. The authority citation for part 65 continues to read as follows:

    End Amendment Part Start Authority

    Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-44711, 45102-45103, 45301-45302.

    End Authority

    Special Federal Aviation Regulation No. 65 [Removed]

    Start Amendment Part

    13. Remove SFAR No. 63 from part 65.

    End Amendment Part Start Part

    PART 73—SPECIAL USE AIRSPACE

    End Part Start Amendment Part

    14. The authority citation for part 73 continues to read as follows:

    End Amendment Part Start Authority

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

    End Authority

    Special Federal Aviation Regulation No. 53 [Removed]

    Start Amendment Part

    15. Remove SFAR No. 53 from part 73.

    End Amendment Part Start Part

    PART 91—GENERAL OPERATING AND FLIGHT RULES

    End Part Start Amendment Part

    16. The authority citation for part 91 continues to read as follows:

    End Amendment Part Start Authority

    Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531, articles 12 and 29 of the Convention on International Civil Aviation (61 stat. 1180).

    End Authority

    Special Federal Aviation Regulation No. 62 [Removed]

    Start Amendment Part

    17. Remove SFAR No. 62 from part 91.

    End Amendment Part

    Special Federal Aviation Regulation No. 64 [Removed]

    Start Amendment Part

    18. Remove SFAR No. 64 from part 91.

    End Amendment Part

    Special Federal Aviation Regulation No. 66-2 [Removed]

    Start Amendment Part

    19. Remove SFAR No. 66-2 from part 91.

    End Amendment Part Start Printed Page 9554

    Special Federal Aviation Regulation No. 67 [Removed]

    Start Amendment Part

    20. Remove SFAR No. 67 from part 91.

    End Amendment Part Start Part

    PART 119—CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS

    End Part Start Amendment Part

    21. The authority citation for part 119 continues to read as follows:

    End Amendment Part Start Authority

    Authority: 49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 40113, 44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 44906, 44912, 44914, 44936, 44938, 46103, 46105.

    End Authority
    [Amended]
    Start Amendment Part

    22. Amend § 119.1(e)(2) by removing the words “and SFAR 38-2 of 14 CFR part 121”.

    End Amendment Part
    [Removed]
    Start Amendment Part

    23. Remove § 119.2.

    End Amendment Part Start Part

    PART 121—OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS

    End Part Start Amendment Part

    24. The authority citation for part 121 continues to read as follows:

    End Amendment Part Start Authority

    Authority: 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44710-44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904, 44912, 46105.

    End Authority

    Special Federal Aviation Regulation No. 38-2 [Removed]

    Start Amendment Part

    25. Remove SFAR No. 38-2 from part 121.

    End Amendment Part

    Special Federal Aviation Regulation No. 52 [Removed]

    Start Amendment Part

    26. Remove SFAR No. 52 editorial note from part 121.

    End Amendment Part Start Part

    PART 125—CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF 6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

    End Part Start Amendment Part

    27. The authority citation for part 125 continues to read as follows:

    End Amendment Part Start Authority

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44710-44711, 44713, 44716-44717, 44722.

    End Authority

    Special Federal Aviation Regulation No. 38-2 [Removed]

    Start Amendment Part

    28. Remove SFAR No. 38-2 editorial note from part 125.

    End Amendment Part Start Part

    PART 129—OPERATIONS: FOREIGN AIR CARRIERS AND FOREIGN OPERATORS OF U.S.-REGISTERED AIRCRAFT ENGAGED IN COMMON CARRIAGE

    End Part Start Amendment Part

    29. The authority citation for part 129 continues to read as follows:

    End Amendment Part Start Authority

    Authority: 49 U.S.C. 106(g), 40104-40105, 40113, 40119, 41706, 44701-44702, 44712, 44716-44717, 44722, 44901-44904, 44906.

    End Authority

    Special Federal Aviation Regulation No. 38-2 [Removed]

    Start Amendment Part

    30. Remove SFAR No. 38-2 editorial note from part 129.

    End Amendment Part Start Part

    PART 135—OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

    End Part Start Amendment Part

    31. The authority citation for part 135 continues to read as follows:

    End Amendment Part Start Authority

    Authority: 49 U.S.C. 106(g), 41706, 44113, 44701-44702, 44705, 44709, 44711-44713, 44715-44717, 44722.

    End Authority

    Special Federal Aviation Regulation No. 38-2 [Removed]

    Start Amendment Part

    32. Remove SFAR No. 38-2 editorial note from part 135.

    End Amendment Part

    Special Federal Aviation Regulation No. 52 [Removed]

    Start Amendment Part

    33. Remove SFAR No. 52 from part 135.

    End Amendment Part Start Signature

    Issued in Washington, DC on February 22, 2002.

    Donald P. Byrne,

    Assistant Chief Counsel for Regulations.

    End Signature End Supplemental Information

    [FR Doc. 02-4846 Filed 2-28-02; 8:45 am]

    BILLING CODE 4910-13-M

Document Information

Effective Date:
3/1/2002
Published:
03/01/2002
Department:
Federal Aviation Administration
Entry Type:
Rule
Action:
Final rule; technical amendment.
Document Number:
02-4846
Dates:
Effective on March 1, 2002.
Pages:
9551-9554 (4 pages)
Docket Numbers:
Docket No. FAA-2002-11670, Amdt. Nos. 11-47, 21-80, 23-55, 36-23, 63-31, 65-43, 73-9, 91-273, 119-5, 121-290, 125-38, 129-32, 135-84
Topics:
Administrative practice and procedure, Afghanistan, Agriculture, Air carriers, Air taxis, Air traffic control, Air traffic controllers, Aircraft, Airmen, Airports, Airspace, Alcohol abuse, Aviation safety, Canada, Charter flights, Cuba, Drug abuse, Drug testing, Exports, Freight, Imports, Mexico, Navigation (air), Noise control, Political candidates, Reporting and recordkeeping requirements, Safety, Security measures, Signs and symbols, Smoking, Transportation, Yugoslavia
PDF File:
02-4846.pdf
CFR: (3)
14 CFR 11.201
14 CFR 119.1
14 CFR 119.2