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 Department of Transportation Federal Aviation Administration 14 CFR Parts 21, 61, 63, 91, 93, 121, 135, 142, 145, and 183
[Docket No. FAA-2011-0092; Amendment Nos. 21-93, 61-126, 63-38, 77-14, 91-320, 93-96, 121-352, 135-123, 142-6, 145-28, 183-14]
 AGENCY: Federal Aviation Administration, DOT.
 ACTION: Final rule; technical amendment.
 SUMMARY: The Federal Aviation Administration (FAA) is making minor technical changes to its regulations by removing expired Special Federal Aviation Regulations (SFARs) and cross-references, as well as other expired or obsolete 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.
 DATES: Effective February 16, 2011.
 FOR FURTHER INFORMATION CONTACT: Jackie Smith, (202) 267-9682; Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; e-mail 
                        *jackie.f.smith@faa.gov*.


SUPPLEMENTARY INFORMATION: Background The FAA periodically issues temporary regulations in 14 CFR called Special Federal Aviation Regulations (SFARs). These SFARs are typically necessary for a finite period of time, and usually specify an expiration date within the regulatory text. Additionally, certain subparts have specified expiration dates within the regulatory text. Currently, 14 CFR contains several SFARs, subparts, and sections that have become unnecessary or have expiration dates that have passed. To maintain an accurate body of regulations, we are removing and/or amending SFAR Nos. 36, 80, 92-5, 93, 98, 101-1; Subparts J and M of part 21; Subpart B of part 93; §§ 91.146(b), 121.360, 135.153, 183.61(a)(1), 183.63, and corresponding references. The following tables are presented for the reader's convenience. Table 1—Expired SFARs
Part(s)
SFARs 
                             removed
Expiration date61, 63, 135, 142
93
11/30/2001.77
98
01/20/2009.121, 145
36
11/14/2009.121
80
03/12/2001.121
92-5
07/31/2003 and 10/01/2003.
 Table 2—Expired Subparts and Sections
Parts
Subparts and sections amended/removed
Expiration date21
Subparts J and M
11/14/200691
§ 91.147(b)
09/11/200793
Subpart B
10/31/2008121
§ 121.360
03/29/2005135
§ 135.153
03/29/2005183
§§ 183.61(a)(1) and 183.63
11/14/2006
 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 public notice and 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 unnecessary. 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(d). 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 our 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 Policy and 
                    ( print page 8893)
                    Procedures. No impact is expected as a result of removing these regulations and a full regulatory evaluation is not required. In addition, the FAA certifies the 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. List of Subjects 14 CFR Part 21 Aircraft
Aviation safety
Exports
Imports
Reporting and recordkeeping requirements 14 CFR Part 61 Aircraft
Airmen
Alcohol abuse
Aviation safety
Drug abuse
Recreation and recreation areas
Reporting and recordkeeping requirements
Security measures
Teachers 14 CFR Part 63 Aircraft
Airmen
Alcohol abuse
Aviation safety
Drug abuse
Navigation (air)
Reporting and recordkeeping requirements
Security measures 14 CFR Part 77 Administrative practice and procedure
Airports
Airspace
Aviation safety
Navigation (air)
Reporting and recordkeeping requirements 14 CFR Part 91 Afghanistan
Agriculture
Air traffic control
Aircraft
Airmen
Airports
Aviation safety
Canada
Ethiopia
Freight
Mexico
Noise control
Political candidates
Reporting and recordkeeping requirements
Yugoslavia 14 CFR Part 93 Air traffic control
Airports
Navigation (air)
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 135 Air taxis
Aircraft
Airmen
Alcohol abuse
Aviation safety
Drug abuse
Drug testing
Reporting and recordkeeping requirements 14 CFR Part 142 Administrative practice and procedure
Airmen
Educational facilities
Reporting and recordkeeping requirements
Schools
Teachers 14 CFR Part 145 Aircraft
Aviation safety
Reporting and recordkeeping requirements 14 CFR Part 183 Aircraft
Airmen
Authority delegations (Government agencies)
Health professions
Reporting and recordkeeping requirements
 The Amendments In consideration of the foregoing, the Federal Aviation Administration amends parts 21, 61, 63, 77, 91, 93, 121, 135, 145, and 183 of Title 14, Code of Federal Regulations as follows: PART 21—CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS
 1.The authority citation for part 21 continues to read as follows: Authority:
                        42 U.S.C. 7572; 49 U.S.C. 106(g), 40105, 40113, 44701-44702, 44704, 44707, 44709, 44711, 44713, 44715, 45303. Subpart J—[Removed and Reserved]
 2.Remove and reserve Subpart J, consisting of §§ 21.231 through 21.293. Subpart M—[Removed and Reserved]
 3.Remove and reserve Subpart M, consisting of §§ 21.431 through 21.493. PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS
 4.The authority citation for part 61 continues to read as follows: Authority:
                        49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-44711, 45102-45103, 45301-45302. Special Federal Aviation Regulation No. 93
 5.Remove SFAR No. 93. PART 63—CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS
 6.The authority citation for part 63 continues to read as follows: Authority:
                        49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-44711, 45102-45103, 45301-45302. Special Federal Aviation Regulations No. 93
 7-9. Remove SFAR No. 93. PART 91— GENERAL OPERATING AND FLIGHT RULES
 10.The authority citation for part 91 continues to read as follows: Authority:
                        49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 44111, 44701, 44704, 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). § 91.147
 11.Amend § 91.147(b) by removing the words “by September 11, 2007”. PART 93—SPECIAL AIR TRAFFIC RULES
 12.The authority citation for part 93 continues to read as follows: Authority:
                        42 U.S.C. 7572; 49 U.S.C. 106(g), 40105, 40113, 44701-44702, 44704, 44707, 44709, 44711, 44713, 44715, 45303. Subpart B—[Removed and Reserved]
 13.Remove and reserve Subpart B, consisting of §§ 93.21 through 93.33. PART 121—OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS
 14.The authority citation for part 121 continues to read as follows: Authority:
                        49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 46105. Special Federal Aviation Regulation No. 14
 15.Remove SFAR No. 14. Special Federal Aviation Regulation No. 36
 16.Remove SFAR No. 36. Special Federal Aviation Regulation No. 80
 17.Remove SFAR No. 80. Special Federal Aviation Regulation No. 92-5
 18.Remove SFAR No. 92-5. Special Federal Aviation Regulation No. 93
 19.Remove SFAR No. 93. § 121.360
 20.Remove and reserve § 121.360. PART 135—OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT
 21.The authority citation for part 135 continues to read as follows: Authority:
                        49 U.S.C. 106(g), 41706, 40113, 44701-44702, 44705, 44709, 44711-44713, 44715-44717, 44722, 45101-45105. Special Federal Aviation Regulation No. 36
 22.Remove SFAR 36. Special Federal Aviation Regulation No. 93
 23.Remove SFAR 93. § 135.153
 24.Remove and reserve § 135.153. PART 142—TRAINING CENTERS
 25.The authority citation for part 142 continues to read as follows: Authority:
                        49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44703, 44705, 44707, 44709-44711, 45102-45703, 45301-45302. Special Federal Aviation Regulation No. 93
 26.Remove SFAR 93. PART 145—REPAIR STATIONS
 27.The authority citation for part 145 continues to read as follows: Authority:
                        49 U.S.C. 106(g), 40113, 44701-44702, 44707, 44709, 44717, Special Federal Aviation Regulation No. 35
 28.Remove SFAR 36. PART 183—REPRESENTATIVES OF THE ADMINISTRATOR
 29.The authority citation for part 183 continues to read as follows: Authority:
                        31 U.S.C. 9701; 49 U.S.C. 106(g), 40113, 44702, 45303 § 183.61
 30.Amend § 183.61 by removing and reserving paragraph (a)(1). § 183.63
 31.Amend § 183.63 introductory text by removing the phrase “or under the delegation rules of subpart J or M of part 21, or SFAR 36 of this chapter,”. Issued in Washington, DC on February 11, 2011. Pamela Hamilton-Powell, Director, Office of Rulemaking.


[FR Doc. 2011-3467 Filed 2-15-11; 8:45 am] BILLING CODE 4910-13-P