This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

64111 

Vol. 71, No. 211 

Wednesday, November 1, 2006 

1 49 U.S.C. 40103(a). 

2 49 U.S.C. 40103(b)(1). 

3Operating Limitations at Chicago International 

Airport. Docket No. FAA–2004–16944. 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 93 

[Docket No. FAA–2005–19411; SFAR No. 

105] 

RIN 2120–AI47 

Reservation System for Unscheduled 

Arrivals at Chicago’s O’Hare 

International Airport 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; extension of 

expiration date. 

SUMMARY: This action extends the 

expiration date of Special Federal 

Aviation Regulation (SFAR) No. 105 

through October 31, 2008. This action is 

necessary to maintain the reservation 

system established for unscheduled 

arrivals at O’Hare International Airport 

consistent with the newly adopted 

limitations imposed on scheduled 

operations at the airport. 

DATES: This final rule is effective on 

October 28, 2006, and SFAR No. 105 

published at 70 FR 39610 (July 8, 2005), 

as amended at 70 FR 66255 (November 

2, 2005), 71 FR 16219 (March 31, 2006), 

and in this rule, shall remain in effect 

until October 31, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Gerry Shakley, System Operations 

Services, Air Traffic Organization; 

Telephone: (202) 267–9424; E-mail: 

gerry.shakley@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Availability of Rulemaking Documents 

You can get an electronic copy using 

the Internet by: 

(1) Searching the Department of 

Transportation’s electronic Docket 

Management System (DMS) Web page 

(http://dms.dot.gov/search); 

(2) Visiting the FAA’s Regulations and 

Policies Web page at http:// 

www.faa.gov/regulations_policies/; or 

(3) Accessing the Government 

Printing Office’s Web page at http:// 

www.gpoaccess.gov/fr/index.html. 

You can also get a copy by sending a 

request to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue, 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. Make sure to 

identify the amendment number or 

docket number of this rulemaking. 

Small Business Regulatory Enforcement 

Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 requires FAA to comply with 

small entity requests for information or 

advice about compliance with statutes 

and regulations within its jurisdiction. 

Therefore, any small entity that has a 

question regarding this document may 

contact their local FAA official, or the 

person listed under FOR FURTHER

INFORMATION CONTACT. You can find out 

more about SBREFA on the Internet at 

our site, http://www.faa.gov/ 

regulations_policies/rulemaking/ 

sbre_act/. 

Authority for This Rulemaking 

The U.S. Government has exclusive 

sovereignty over the airspace of the 

United States.1 Under this broad 

authority, Congress has delegated to the 

Administrator extensive and plenary 

authority to ensure the safety of aircraft 

and the efficient use of the Nation’s 

navigable airspace. In this regard, the 

Administrator is required to assign by 

regulation or order use of the airspace 

to ensure its efficient use.2

The FAA’s broad statutory authority 

to manage the efficient use of airspace 

encompasses management of the 

nationwide system of air commerce and 

air traffic control. To ensure the efficient 

use of the airspace, the FAA must take 

steps to prevent congestion at an airport 

from disrupting or adversely affecting 

the air traffic system for which the FAA 

is responsible. Inordinate delays of the 

sort experienced at O’Hare in late 2003 

and much of 2004 can have a crippling 

effect on other parts of the system, 

causing significant losses in time and 

money for individuals and businesses, 

as well as the air carriers and other 

operators at O’Hare and beyond. This 

rule facilitates the Agency’s exercise of 

its authority to manage the safe and 

efficient use of the navigable airspace. 

Background 

Since November 2003, O’Hare has 

suffered an inordinate and unacceptable 

number of delays as the result of overscheduling at the airport, which was 

also having a crippling effect on the 

entire National Airspace System. In 

August 2004, the FAA intervened by 

ordering a limit on the number of 

scheduled arrivals at the airport during 

the peak operating hours of 7 a.m. 

through 8:59 p.m., Central Time, 

effective November 1, 2004, so that the 

system could return to a reasonably 

balanced level of operations and delay.3

On October 20, 2004, we published a 

notice of proposed rulemaking (NPRM) 

seeking public comments on a proposed 

reservation system for unscheduled 

arrivals at O’Hare (69 FR 61708). 

Effective November 1, 2004, and while 

this rulemaking was pending, we 

implemented a corresponding voluntary 

reservation program for unscheduled 

arrivals using the general procedures 

followed during Special Traffic 

Management Programs and the High 

Density Rule. 

On July 8, 2005, the FAA published 

SFAR No. 105, ‘‘Reservation System for 

Unscheduled Arrivals at Chicago’s 

O’Hare International Airport’’ (70 FR 

39610). As stated in SFAR No. 105, the 

benefits achieved by the FAA’s August 

18 Order would dissipate if certain 

operations at the airport remained 

capped but other operations were 

permitted to grow. SFAR No. 105 

maintained the historical level of 

unscheduled operations at O’Hare and 

supported other agency actions at 

O’Hare that address congestion and 

delay until additional capacity exists at 

the airport. 

In SFAR No. 105, we discussed that 

it may be necessary to extend this rule 

limiting unscheduled arrivals at O’Hare 

to coincide with a final rule addressing 

scheduled arrivals, if adopted, or with 

an extension of the August 2004 Order. 

The NPRM addressing scheduled 

arrivals at O’Hare was published on 

March 25, 2005 (70 FR 15520). 


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64112 Federal Register / Vol. 71, No. 211 / Wednesday, November 1, 2006 / Rules and Regulations 

4The limits on unscheduled arrivals do not apply 

on Saturdays. 

On November 2, 2005, we extended 

the expiration date on SFAR No. 105 

until March 31, 2006. On March 31, 

2006, we extended the expiration date 

on No. 105 through October 28, 2006,4

to maintain the current operating 

environment at the airport while we 

considered comments to the proposed 

rule for scheduled arrivals. 

On August 29, 2006, the FAA 

published the ‘‘Congestion and Delay 

Reduction at Chicago O’Hare 

International Airport’’ final rule. That 

final rule codifies the limit on 

scheduled arrivals initially imposed 

under the FAA’s August 2004 Order and 

will expire on October 31, 2006. The 

rationale supporting SFAR 105 remains 

valid, in that the benefits achieved 

under the August 2004 Order and now 

expected to continue under the 

Congestion and Delay Reduction final 

rule would dissipate if other operations 

at the airport were permitted to grow. 

Consequently, it is imperative to 

maintain the limits imposed by this 

SFAR, during the same timeframe as the 

Congestion and Delay Reduction final 

rule, until additional capacity is 

available at the airport. 

Therefore, we find that notice and 

comment procedures under 5 U.S.C. 

section 553(b) are impracticable and 

contrary to the public interest. We 

further find that good cause exists to 

make this rule effective in less than 30 

days. 

International Compatibility 

In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, it is FAA policy to 

comply with International Civil 

Aviation Organization (ICAO) Standards 

and Recommended Practices to the 

maximum extent practicable. The FAA 

determined that there are no ICAO 

Standards and Recommended Practices 

that correspond to these proposed 

regulations. 

Paperwork Reduction Act 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

3507(d)), the FAA submitted a copy of 

the new information collection 

requirements(s) in this final rule to the 

Office of Management and Budget 

(OMB) for its review. OMB approved the 

collection of this information and 

assigned OMB Control Number 2120–

0694. 

An agency may not collect or sponsor 

the collection of information, nor may it 

impose an information collection 

requirement, unless it displays a 

currently valid OMB control number. 

The OMB Control Number for this 

information collection is 2120–0694. 

Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Order 12866 directs that 

each Federal agency shall propose or 

adopt a regulation only upon a reasoned 

determination that the benefits of the 

intended regulation justify its costs. 

Second, the Regulatory Flexibility Act 

of 1980 requires agencies to analyze the 

economic impact of regulatory changes 

on small entities. Third, the Trade 

Agreements Act (19 U.S.C. 2531–2533) 

prohibits agencies from setting 

standards that create unnecessary 

obstacles to the foreign commerce of the 

United States. In developing U.S. 

standards, this Trade Act requires 

agencies to consider international 

standards and, where appropriate, to be 

the basis of U.S. standards. Fourth, the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4) requires agencies to 

prepare a written assessment of the 

costs, benefits, and other effects of 

proposed or final rules that include a 

Federal mandate likely to result in the 

expenditure by State, local, or tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

annually adjusted for inflation). This 

portion of the preamble summarizes the 

FAA’s analysis of the economic impact 

of this SFAR extension. 

The Department of Transportation 

Order DOT 2100.5 prescribes policies 

and procedures for simplification, 

analysis, and review of regulations. If 

the expected cost impact is so minimal 

that a rule does not warrant a full 

evaluation, this order permits a 

statement to that effect. The basis for the 

minimal impact must be included in the 

preamble, if a full regulatory evaluation 

of the cost and benefits is not prepared. 

Such a determination has been made for 

this rule. The reasoning for that 

determination follows: 

In the preamble of SFAR No. 105, the 

FAA stated that we might consider 

extending SFAR 105 for a time period 

that would coincide with a final rule 

limiting scheduled operations. The FAA 

is extending this SFAR through October 

31, 2008, to maintain the current level 

of operations at O’Hare consistent with 

the final rule published on August 29, 

2006, that addresses scheduled 

operations at the airport. In the final 

economic assessment of SFAR No. 105, 

the FAA found that the rule provided 

system delay benefits at a minimal cost. 

The FAA finds that this extension is 

cost beneficial and will continue to 

provide system delay benefits at 

minimal cost. 

Regulatory Flexibility Determination 

The Regulatory Flexibility Act of 1980 

(RFA) establishes ‘‘as a principle of 

regulatory issuance that agencies shall 

endeavor, consistent with the objective 

of the rule and of applicable statutes, to 

fit regulatory and informational 

requirements to the scale of the 

business, organizations, and 

governmental jurisdictions subject to 

regulation.’’ To achieve that principle, 

the RFA requires agencies consider 

flexible regulatory proposals, to explain 

the rationale for their actions, and to 

solicit comments. The RFA covers a 

wide-range of small entities, including 

small businesses, not-for-profit 

organizations and small governmental 

jurisdictions. 

Agencies must perform a review to 

determine whether a proposed or final 

rule will have a significant economic 

impact on a substantial number of small 

entities. If the agency determines that it 

will, the agency must prepare a 

regulatory flexibility analysis as 

described in the RFA. 

However, if an agency determines that 

a proposed or final rule is not expected 

to have a significant economic impact 

on a substantial number of small 

entities, section 605(b) of the RFA 

provides that the head of the agency 

may so certify and a regulatory 

flexibility analysis is not required. The 

certification must include a statement 

providing the factual basis for this 

determination, and the reasoning should 

be clear. 

This final rule extends the expiration 

date of SFAR No. 105, which provides 

for fewer airport delays at a minimum 

cost. Just as in the initial and final 

regulatory flexibility analyses, the FAA 

expects there will be a substantial 

number of small entities affected by the 

extension of this final SFAR, however, 

the economic effect will continue to be 

insignificant. Therefore, as the FAA 

Administrator, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. 

Trade Impact Assessment 

The Trade Agreements Act of 1979 

prohibits Federal agencies from 

engaging in any standards or related 

activities that create unnecessary 

obstacles to the foreign commerce of the 

United States. Legitimate domestic 

objectives, such as safety, are not 

considered unnecessary obstacles. The 

statute also requires consideration of 

international standards and, where 


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Federal Register / Vol. 71, No. 211 / Wednesday, November 1, 2006 / Rules and Regulations 64113 

appropriate, that they be the basis for 

U.S. standards. 

The FAA has assessed the potential 

effect of the extension of this final rule 

and determined that it will not have an 

effect on foreign commerce. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (the Act), enacted as Pub. L. 

104–4 on March 22, 1995, is intended, 

among other things, to curb the practice 

of imposing unfunded Federal mandates 

on State, local, and tribal governments. 

Title II of the Act requires each Federal 

agency to prepare a written statement 

assessing the effects of any Federal 

mandate in a proposed or final agency 

rule that may result in a $100 million or 

more expenditure (adjusted annually for 

inflation) in any one year by State, local, 

and tribal governments, in the aggregate, 

or by the private sector; such a mandate 

is deemed to be a ‘‘significant regulatory 

action.’’ The FAA currently uses an 

inflation-adjusted value of $120.7 

million in lieu of $100 million. 

This final rule does not contain such 

a mandate. Therefore, the requirements 

of Title II of the Unfunded Mandates 

Reform Act of 1995 do not apply. 

Executive Order 13132, Federalism 

The FAA has analyzed this final rule 

under the principles and criteria of 

Executive Order 13132, Federalism. We 

determined that this action will not 

have a substantial direct effect on the 

States, or the relationship between the 

national Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. Therefore, we 

have determined that this final rule does 

not have federalism implications. 

Environmental Analysis 

FAA Order 1050.1E identifies FAA 

actions that are categorically excluded 

from preparation of an environmental 

assessment or environmental impact 

statement under the National 

Environmental Policy Act in the 

absence of extraordinary circumstances. 

The FAA has determined this proposed 

rulemaking action qualifies for the 

categorical exclusion identified in 

paragraph 312f, and involves no 

extraordinary circumstances. 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use 

The FAA has analyzed this final rule 

under Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

18, 2001). We have determined that it is 

not a ‘‘significant energy action’’ under 

the executive order because it is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866, and it is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. 

The Amendment 

■ For the reasons set forth above, the 

Federal Aviation Administration is 

amending chapter I of title 14 Code of 

Federal Regulations as follows: 

PART 93—SPECIAL AIR TRAFFIC 

RULES AND AIRPORT TRAFFIC 

■ 1. The authority citation for part 93 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40106, 

40109, 40113, 44502, 44514, 44701, 44719, 

46301. 

■ 2. Section 9 of Special Federal 

Aviation Regulation (SFAR) No. 105 is 

revised to read as follows: 

Special Federal Aviation Regulation 

No. 105—Operating Limitations for 

Unscheduled Operations at Chicago’s 

O’Hare International Airport 

* * * * * 

Section 9. Expiration. This Special 

Federal Aviation Regulation expires at 9 

p.m., Central Time, on October 31, 2008, 

unless sooner terminated. 

Issued in Washington, DC on October 26, 

2006. 

Marion C. Blakey, 

Administrator. 

[FR Doc. 06–9000 Filed 10–27–06; 12:36 pm] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD05–06–108] 

RIN 1625–AA–09 

Drawbridge Operation Regulations; 

Potomac River, Between Maryland and 

Virginia 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Fifth Coast 

Guard District, has approved a 

temporary deviation from the 

regulations governing the operation of 

the new Woodrow Wilson Memorial 

(I–95) Bridge, mile 103.8, across 

Potomac River between Alexandria, 

Virginia and Oxon Hill, Maryland. This 

deviation allows the new drawbridge to 

remain closed-to-navigation each day 

from 10 a.m. to 2 p.m. beginning on 

October 25, 2006 until and including 

December 24, 2006, to facilitate 

completion of the Outer Loop portion 

for the new Woodrow Wilson Bridge 

construction project. 

DATES: This deviation is effective from 

10 a.m. on October 25, 2006, until 2 

p.m. on December 24, 2006. 

ADDRESSES: Materials referred to in this 

document are available for inspection or 

copying at Commander (dpb), Fifth 

Coast Guard District, Federal Building, 

1st Floor, 431 Crawford Street, 

Portsmouth, VA 23704–5004 between 

8 a.m. and 4 p.m., Monday through 

Friday, except Federal holidays. The 

telephone number is (757) 398–6222. 

Commander (dpb), Fifth Coast Guard 

District maintains the public docket for 

this temporary deviation. 

FOR FURTHER INFORMATION CONTACT: 

Waverly W. Gregory, Jr., Bridge 

Administrator, Fifth Coast Guard 

District, at (757) 398–6222. 

SUPPLEMENTARY INFORMATION: In June 

2006, the southernmost portion of the 

bascule spans for the new Woodrow 

Wilson Memorial Bridge, at mile 103.8, 

across Potomac River between 

Alexandria, Virginia and Oxon Hill, 

Maryland was publicly placed into 

service, switching I–95 Northbound 

traffic onto the new Outer Loop portion 

of the bridge. The newly-constructed 

portion of bridge will be required to 

open for vessels in accordance with the 

current drawbridge operating 

regulations set out in 33 CFR 117.255(c). 

While the drawbridge is operational, 

coordinators for the construction of the 

new Woodrow Wilson Bridge Project 

indicated that the bascule span is not 

yet fully commissioned and the work 

continues through the rigorous testing 

phase. Opening the new bascule span 

for a vessel at this time would take 

approximately 45 minutes in a best case 

scenario. This has the potential to have 

a significant impact upon I–95 traffic, 

especially during the 10 a.m. to 2 p.m. 

bridge-opening time frame currently 

available for commercial vessels, in 

accordance with 33 CFR 117.255(c). 

Coordinators requested a temporary 

deviation from the current operating 

regulation for the new Woodrow Wilson 

Memorial (I–95) Bridge set out in 33 

CFR 117.255(c). 

Though good progress has been made 

regarding commissioning of the north 

and south drawbridges (both now 

carrying I–95 vehicle traffic), the 

coordinators are requesting an 

additional two months of the 10 a.m. to 

2 p.m. restriction of bridge operation to 


hsrobinson on PROD1PC76 with RULES