8892 Federal Register / Vol. 76, No. 32 / Wednesday, February 16, 2011 / Rules and Regulations 

When the applicant has submitted a 

timely application for renewal, the 

existing CoC will not expire until the 

application for renewal has been 

determined by the NRC. 

(c) The application must be 

accompanied by a safety analysis report 

(SAR). The SAR must include the 

following: 

(1) Design bases information as 

documented in the most recently 

updated final safety analysis report 

(FSAR) as required by § 72.248; 

(2) Time-limited aging analyses that 

demonstrate that structures, systems, 

and components important to safety will 

continue to perform their intended 

function for the requested period of 

extended operation; and 

(3) A description of the AMP for 

management of issues associated with 

aging that could adversely affect 

structures, systems, and components 

important to safety. 

(d) The design of a spent fuel storage 

cask will be renewed if the conditions 

in subpart G of this part and § 72.238 are 

met, and the application includes a 

demonstration that the storage of spent 

fuel has not, in a significant manner, 

adversely affected structures, systems, 

and components important to safety. 

(e) In approving the renewal of the 

design of a spent fuel storage cask, the 

NRC may revise the CoC to include 

terms, conditions, and specifications 

that will ensure the safe operation of the 

cask during the renewal term, including 

but not limited to, terms, conditions, 

and specifications that will require the 

implementation of an AMP. 

Dated at Rockville, Maryland this 10th day 

of February, 2011. 

For the Nuclear Regulatory Commission. 

Annette Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. 2011–3493 Filed 2–15–11; 8:45 am] 

BILLING CODE 7590–01–P 

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] 

Removal of Expired Federal Aviation 

Administration Regulations and 

References 

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 crossreferences, 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 

date 

61, 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 date 

21 ....................................................................................... Subparts J and M ................................................................................ 11/14/2006 

91 ....................................................................................... § 91.147(b) ........................................................................................... 09/11/2007 

93 ....................................................................................... Subpart B ............................................................................................ 10/31/2008 

121 ..................................................................................... § 121.360 ............................................................................................. 03/29/2005 

135 ..................................................................................... § 135.153 ............................................................................................. 03/29/2005 

183 ..................................................................................... §§ 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 


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Federal Register / Vol. 76, No. 32 / Wednesday, February 16, 2011 / Rules and Regulations 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, Cuba, 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 

[Removed] 

■ 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 

[Removed] 

■ 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 [Amended] 

■ 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 

[Removed] 

■ 15. Remove SFAR No. 14. 

Special Federal Aviation Regulation No. 36 

[Removed] 

■ 16. Remove SFAR No. 36. 

Special Federal Aviation Regulation No. 80 

[Removed] 

■ 17. Remove SFAR No. 80. 

Special Federal Aviation Regulation No. 

92–5 [Removed] 

■ 18. Remove SFAR No. 92–5. 

Special Federal Aviation Regulation No. 93 

[Removed] 

■ 19. Remove SFAR No. 93. 

§ 121.360 [Removed and Reserved] 

■ 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. 


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8894 Federal Register / Vol. 76, No. 32 / Wednesday, February 16, 2011 / Rules and Regulations 

Special Federal Aviation Regulation No. 36 

[Removed] 

■ 22. Remove SFAR 36. 

Special Federal Aviation Regulation No. 93 

[Removed] 

■ 23. Remove SFAR 93. 

§ 135.153 [Removed and Reserved] 

■ 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 

[Removed] 

■ 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 

[Removed] 

■ 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 [Amended] 

■ 30. Amend § 183.61 by removing and 

reserving paragraph (a)(1). 

§ 183.63 [Amended] 

■ 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 

DEPARTMENT OF DEFENSE 

Department of the Navy 

32 CFR Part 706 

Certifications and Exemptions Under 

the International Regulations for 

Preventing Collisions at Sea, 1972 

AGENCY: Department of the Navy, DoD. 

ACTION: Final rule. 

SUMMARY: The Department of the Navy 

(DoN) 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 (DAJAG) (Admiralty and 

Maritime Law) has determined that USS 

SPRUANCE (DDG 111) 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 

16, 2011 and is applicable beginning 

February 9, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Jaewon Choi, 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 DoN amends 32 CFR Part 706. 

This amendment provides notice that 

the DAJAG (Admiralty and Maritime 

Law), under authority delegated by the 

Secretary of the Navy, has certified that 

USS SPRUANCE (DDG 111) is a vessel 

of the Navy which, due to its special 

construction and purpose, cannot fully 

comply with the following specific 

provisions of 72 COLREGS without 

interfering with its special function as a 

naval ship: Annex I, paragraph 2(f)(i), 

pertaining to the placement of the 

masthead light or lights above and clear 

of all other lights and obstructions; 

Annex I, paragraph 2(f)(ii), pertaining to 

the vertical placement of task lights; 

Rule 21(a), pertaining to the arc of 

visibility of the forward masthead light; 

Annex I, paragraph 3(a), pertaining to 

the location of the forward masthead 

light in the forward quarter of the ship, 

and the horizontal distance between the 

forward and after masthead lights; and 

Annex I, paragraph 3(c), pertaining to 

placement of task lights not less than 

two meters from the fore and aft 

centerline of the ship in the athwartship 

direction. The DAJAG (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. 

List of Subjects in 32 CFR Part 706 

Marine safety, Navigation (water), and 

Vessels. 

For the reasons set forth in the 

preamble, amend part 706 of title 32 of 

the CFR 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 follow: 

Authority: 33 U.S.C. 1605. 

■ 2. Section 706.2 is amended as 

follows: 

■ A. In Table Four, Paragraph 15 by 

adding, in alpha numerical order, by 

vessel number, an entry for USS 

SPRUANCE (DDG 111); 

■ B. In Table Four, Paragraph 16 by 

adding, in alpha numerical order, by 

vessel number, an entry for USS 

SPRUANCE (DDG 111); and 

■ C. In Table Five, by adding, in alpha 

numerical order, by vessel number, an 

entry for USS SPRUANCE (DDG 111): 

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605. 

* * * * * 

Table Four 

■ 15. * * * 


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