5234 Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Rules and Regulations 

[FR Doc. 2010–1997 Filed 2–1–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

14 CFR Part 331 

RIN 2105–AD93 

Procedures for Reimbursement of 

General Aviation Operators and 

Service Providers in the Washington, 

DC Area; Removal 

AGENCY: Office of the Secretary (OST), 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This final rule removes a DOT 

rule, Procedures for Reimbursement of 

General Aviation Operators and Service 

Providers in the Washington, DC Area, 

14 CFR Part 331. This rule is being 

removed because all reimbursements 

under the program have been made and 

all program activities completed. The 

rule established procedures to 

reimburse eligible fixed-based general 

aviation operators and providers of 

ground support services, at five 

Washington, DC area airports, for direct 

and incremental financial losses 

incurred while the airports were closed 

to general aviation operations solely due 

to actions of the Federal government 

after the September 11, 2001 terrorist 

attacks. The rule implemented a 

provision in the Department’s Fiscal 

Year 2006 Appropriations Act, which 

made up to $17 million available for 

such reimbursements until expended. 

The rule required applications for 

reimbursement to be submitted by June 

8, 2007. All applications have been 

processed, payments made, and 

required releases executed. 

DATES: Effective Date: February 2, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Timothy E. Carmody, Transportation 

Industry Analyst, Office of Aviation 

Analysis, X–50, 1200 New Jersey Ave., 

SE., Washington, DC 20590, (202) 366– 

2348. 

SUPPLEMENTARY INFORMATION: On 

November 30, 2005, the Congress 

authorized the Department to reimburse 

eligible fixed-based general aviation 

operators or providers of general 

aviation ground support services at five 

airports in the Washington, DC 

metropolitan area for direct and 

incremental losses due to the actions of 

the Federal Government to close 

airports to general aviation operations 

following the terrorist attacks of 

September 11, 2001. Section 185, 

Transportation, Treasury, Housing and 

Urban Development, the Judiciary, the 

District of Columbia, and Independent 

Agencies Appropriation Act, 2006, 

Public Law 109–115, 119 Stat. 2396 

(2005) (‘‘Section 185’’). 

Section 185 further appropriated up 

to $17 million to reimburse the eligible 

parties, to be available until expended, 

and identified the five airports as 

Ronald Reagan Washington National 

Airport; College Park Airport in College 

Park, Maryland; Potomac Airfield in 

Fort Washington, Maryland; 

Washington Executive/Hyde Field in 

Clinton, Maryland; and Washington 

South Capitol Street Heliport in 

Washington, DC. Of the total $17 

million, the Department was directed to 

set aside and make available up to $5 

million to reimburse eligible operators 

and providers at College Park, Potomac 

Airfield, and Hyde Field airports. 

Section 185 stated various other 

conditions for reimbursement, among 

them that those losses incurred as the 

result of violations of law, or through 

fault or negligence of such entities or of 

third parties (including airports) were 

not eligible for reimbursement, and that 

the obligation and expenditure of funds 

were conditional upon full release of the 

United States Government for all claims 

for financial losses resulting from such 

actions. 

On October 4, 2006, the Department 

published in the Federal Register a 

Notice of Proposed Rulemaking seeking 

comments on its proposed procedures 

implementing Section 185 (71 FR 58546 

et seq.). Comments were received from 

16 submitters. After fully considering all 

comments, the Department prepared a 

final rule and published it on April 9, 

2007 in the Federal Register (at 72 FR 

17381 et seq.). It was codified as 14 CFR 

Part 331. 

The final rule set out eligibility 

standards for participation; specified the 

methodology that would be used in 

determining losses; stated the eligibility 

periods applicable at each airport; 

established special procedures for the 

$5 million set-aside; and provided an 

application form for reimbursement. 

The final rule also set a deadline of June 

8, 2007 for applications. 14 CFR 331.27. 

Twenty-one applicants submitted 

claims for reimbursement, of which 18 

were determined to be eligible and to 

have incurred reimbursable losses. The 

Department has completed its review of 

all applications and has reimbursed the 

eligible claimants for their financial 

losses in accordance with Section 185. 

Prior to payment each claimant signed 

a full release of the United States for all 

claims of loss due to such actions, as 

required by section 185. 

The Department has completely 

fulfilled its responsibilities under 

Section 185 and ceased all actions 

under the regulations. As a result, 14 

CFR Part 331 serves no further purpose 

and may be removed. 

Regulatory Analyses and Notices 

A. Administrative Procedure Act 

The Department has determined that 

this rule may be issued without a prior 

opportunity for notice and comment 

because providing prior notice and 

comment would be unnecessary, 

impracticable, or contrary to the public 

interest. The final rule limited the 

period for submitting applications to 

June 8, 2007. The rule also limited the 

amount of money available for 

reimbursement and the scope of 

potential beneficiaries. Accordingly, 

there would not be any harm to any 

identifiable beneficiary by repealing the 

rule. The Department has completely 

fulfilled its responsibilities under 

Section 185 and ceased all actions 

under the regulations. Thus, this rule 

should be removed. For the same 

reasons, the Department finds that there 

is good cause to make the rule effective 

immediately. 

B. Executive Order 12866 and 

Regulatory Flexibility Act 

The Department has determined that 

this action is not considered a 

significant regulatory action for 

purposes of Executive Order 12866 or 

the Department’s regulatory policies and 

procedures. This rule is being adopted 

solely to remove a rule that is no longer 

necessary due to the Department’s 

fulfillment of statutory responsibilities. 

Given the absence of compliance costs 

to anyone, I certify that this final rule 

does not have a significant economic 

impact on a substantial number of small 

entities. 

C. Executive Order 13132 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (‘‘Federalism’’). This final rule 

does not have a substantial direct effect 

on, or sufficient federalism implications 

for, the States, nor would it limit the 

policymaking discretion of the States. 

Therefore, the consultation 

requirements of Executive Order 13132 

do not apply. 

D. Executive Order 13175 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13175 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’). 

Because this final rule does not 


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Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Rules and Regulations 5235 

significantly or uniquely affect the 

communities of the Indian tribal 

governments and does not impose 

substantial direct compliance costs, the 

funding and consultation requirements 

of Executive Order 13175 do not apply. 

E. Paperwork Reduction Act 

This rule contains no information 

collection requirements under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

F. Unfunded Mandates Reform Act 

The Department of Transportation has 

determined that the requirements of 

Title II of the Unfunded Mandates 

Reform Act of 1995 do not apply to this 

rulemaking. 

List of Subjects in 14 CFR Part 331 

Air carriers. 

Authority: Section 185, Transportation, 

Treasury, Housing and Urban Development, 

the Judiciary, the District of Columbia, and 

Independent Agencies Appropriation Act, 

2006, Public Law 109–115, 119 Stat. 2396 

(2005); 49 U.S.C. 322(a). 

■ Accordingly, under the authority of 

119 Stat. 2396 (2005) and 49 U.S.C. 

322(a), the Department of 

Transportation amends 14 CFR chapter 

2 by removing part 331: 

PART 331—PROCEDURES FOR 

REIMBURSEMENT OF GENERAL 

AVIATION OPERATORS AND SERVICE 

PROVIDERS IN THE WASHINGTON, DC 

AREA 

PART 331—[REMOVED AND 

RESERVED] 

■ Remove and reserve Part 331, 

consisting of subparts A through C. 

Issued in Washington, DC, on January 25, 

2010. 

Susan Kurland, 

Assistant Secretary for Aviation and 

International Affairs. 

[FR Doc. 2010–2134 Filed 2–1–10; 8:45 am] 

BILLING CODE 4910–9X–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 

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 (Admiralty and Maritime Law) 

has determined that USS BUNKER HILL 

(CG 52)) 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 2, 

2010 and is applicable beginning 

January 21, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Commander Ted Cook, 

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 Department of the Navy 

amends 32 CFR Part 706. 

This amendment provides notice that 

the Deputy Assistant Judge Advocate 

General (Admiralty and Maritime Law), 

under authority delegated by the 

Secretary of the Navy, has certified that 

USS BUNKER HILL (CG 52)) 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 3(a), 

pertaining to the horizontal distance 

between the forward and after masthead 

lights. The Deputy Assistant Judge 

Advocate General (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, the Navy amends part 706 of 

title 32 of the Code of Federal 

Regulations 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 follows: 

Authority: 33 U.S.C. 1605. 

■ 2. Section 706.2 is amended in Table 

Five by revising the entry for USS 

BUNKER HILL (CG 52) to read as 

follows: 

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605. 

* * * * * 

TABLE FIVE

Vessel No. 

Masthead light 

not over all 

other lights and 

obstructions 

Annex I, 

section 2(f) 

Forward masthead light not in 

forward quarter 

of ship. Annex I, 

section 3(a) 

After masthead 

light less than 1⁄2

ship’s length aft 

of forward masthead light Annex 

I, section 3(a) 

Percentage horizontal separation 

attained 

* * * * * * * 

USS BUNKER HILL ................... CG 52 ......................................... X X 36.8 

* * * * * * * 


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