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[Federal Register: February 2, 2010 (Volume 75, Number 21)]
[Rules and Regulations]               
[Page 5234-5235]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02fe10-4]                         

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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.

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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

[[Page 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).


0
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]

0
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
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