`[Federal Register Volume 61, Number 86 (Thursday, May 2, 1996)]
[Rules and Regulations]
[Pages 19784-19786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10824]




[[Page 19783]]


_______________________________________________________________________

Part VII





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



14 CFR Part 159



Removal of Part 159; National Capital Airports; Final Rule

  Federal Register / Vol. 61, No. 86 / Thursday, May 2, 1996 / Rules 
and Regulations  

[[Page 19784]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 159

[Docket No. 28556; Amendment No. 159-32]
RIN 2120-AG05


Removal of Part 159; National Capital Airports

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comment.

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SUMMARY: The FAA is removing part 159, entitled ``National Capital 
Airports,'' from Title 14, Code of Federal Regulations (14 CFR). That 
part has prescribed regulations for the use and occupancy of Washington 
National Airport and Washington Dulles International Airport, which now 
are operated by the Washington Metropolitan Airports Authority and not 
by the Federal government. Similar regulations have been adopted by the 
Airports Authority, and the Federal regulations no longer govern use 
and occupancy at either airport. This rulemaking action will remove 
unnecessary Federal regulations from the Code of Federal Regulations.

EFFECTIVE DATE: The final rule is effective May 2, 1996. Comments on 
this action must be received on or before June 3, 1996.

ADDRESSES: Comments on this notice may be delivered or mailed, in 
triplicate, to: Federal Aviation Administration, Office of the Chief 
Counsel, Attn: Rules Docket (AGC-200), Docket No. 28556, Room 915G, 800 
Independence Avenue, SW., Washington, DC 20591. Comments submitted must 
be marked: ``Docket No. 28556.'' Comments may also be sent 
electronically to the following internet address: 
[email protected]. Comments may be examined in Room 915G on 
weekdays, except Federal holidays, between 8:30 a.m. and 5:00 p.m.

FOR FURTHER INFORMATION CONTACT:
Kevin Hehir, Airport Safety and Compliance Branch (AAS-310), Office of 
Airport Safety and Standards, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone 202-267-8224.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The final rule will remove part 159 from Title 14 of the Code of 
Federal Regulations and clarify that the Washington Metropolitan 
Airports Authority is responsible for adoption and enforcement of 
regulations that apply to National Airport and Dulles International 
Airport. This final rule is an administrative and procedural action 
consistent with the objectives of Executive Order 12866. Because these 
regulations are no longer in effect by operation of law, the final rule 
is being adopted without notice and prior public comment. However, DOT 
regulatory policies and procedures encourage operating administrations 
to provide an opportunity for public comment on regulations issued 
without prior notice.
    Accordingly, interested persons are invited to participate in this 
rulemaking by submitting such written data, views, or arguments as they 
may desire. Comments relating to the environmental, energy, federalism, 
or economic impact that might result from promulgating the final rule 
are also invited. Substantive comments should be accompanied by cost 
estimates. All comments received on or before the closing date for 
comments will be considered by the agency. The action taken in this 
final rule may be changed in light of the comments received. All 
comments received both before and after the closing date for comments 
will be available for review by interested persons in the Rules Docket. 
A report summarizing each substantive public contact with FAA personnel 
on this rulemaking will be included in the docket. Commenters who would 
like the FAA to acknowledge receipt of comments on this final rule must 
include with the comments a preaddressed, stamped postcard that states 
``Comments to Docket No. 28556.'' The postcard will be date-stamped and 
returned to the commenter.

Background

    On October 18, 1986, the Metropolitan Washington Airports Act of 
1986 was signed by the President (49 U.S.C. App. 2452 et seq.). The 
1986 act authorized the Federal government to transfer operating 
responsibility for Washington National Airport and Washington Dulles 
International Airport, under a long-term lease of 50 years, to an 
independent local agency. That local agency is the Metropolitan 
Washington Airports Authority--a public body with regulatory authority 
created under the laws of the Commonwealth of Virginia and the District 
of Columbia. One of the purposes of the 1986 act was to ``achieve local 
control, management, operation, and development'' of both airports (49 
U.S.C. App. 2453(a)). Part of that local control includes day-to-day 
operation, and regulation of the use and occupancy, of both airports by 
the local Airports Authority.
    In the 1986 act, Congress provided a mechanism to facilitate smooth 
transition of operational control and responsibility to the Airports 
Authority, such as ensuring the continuation of regulations that 
governed the use and occupancy of National Airport and Dulles 
International Airport. Under Sec. 6005(c)(5) of the act (49 U.S.C. App. 
2455(c)(5)), the regulations in part 159 were to become the regulations 
of the Metropolitan Washington Airports Authority on June 7, 1987, the 
date the long-term lease between the Federal government and the 
Airports Authority was effective. Under the 1986 act, those regulations 
were to be effective as regulations of the Airports Authority until 
modified or revoked by the Airports Authority under procedures 
developed for such administrative actions.
    This transition mechanism was intended to enable the Metropolitan 
Washington Airports Authority to continue to rely on the Federal 
regulations, with certain exceptions noted in the 1986 act, for only a 
short time. However, on April 1, 1987, the Metropolitan Washington 
Airports Authority adopted its own regulations for National Airport and 
Dulles International Airport by Resolution 87-5. Thus, use and 
occupancy regulations actually were effective shortly after formation 
of the Airports Authority on October 18, 1986, and several months in 
advance of the lease effective date of June 7, 1987. Adoption of those 
regulations by the Airports Authority essentially eliminated the need 
for regulations contained in 14 CFR part 159.
    Congress authorized the Airports Authority to ``* * * maintain, 
improve, operate, protect, and promote * * *'' the Washington 
Metropolitan Airports (49 U.S.C. 2457(c).) The Airports Authority's 
regulations, adopted in 1987, assist the daily operation of the 
airports and have been effective and used continuously by the Airports 
Authority and the public since the creation of the local entity and the 
transfer of both airports. Copies of the regulations generally are 
available at local libraries near either airport and upon request from 
the Office of Legal Counsel for the Metropolitan Washington Airports 
Authority. The Office of Legal Counsel is located in Alexandria, 
Virginia; the telephone number is (703) 739-8615.

[[Page 19785]]

Recent Regulatory Reviews

    Both DOT and the FAA have conducted regulatory reviews and 
requested comment on regulations that could be eliminated to reduce any 
unnecessary or undue regulatory burdens consistently with the FAA's 
statutory safety, security, and public interest responsibilities. (See 
57 FR 4744, February 7, 1992; 59 FR 1362, January 10, 1994.) There were 
no comments supporting retention or advocating elimination of part 159 
in response to either request for comment. In both notices of 
regulatory review, DOT and the FAA stated that changes, including 
repeal where appropriate, would be considered to ensure that 
regulations and regulatory programs were consistent with Presidential 
direction regarding the regulatory review. Eliminating the regulations 
in part 159 is consistent with the requirements of Executive Order 
12866 (September 30, 1993). Specifically, that order requires Federal 
agencies to ``identify regulations that are cumulative, obsolete, or 
inconsistent, and where appropriate, eliminate or modify them.''
    This action will not alter any existing responsibility for, or the 
enforcement of, the regulations that now apply to use and occupancy of 
Washington National Airport and Washington Dulles International 
Airports. Despite legal challenges to certain provisions of the 1986 
act, the validity of the regulations adopted in 1987 by the Airports 
Authority has not been questioned. (See 501 U.S. 252 (1991) and 36 F.3d 
97 (1994), 115 S.Ct. 934 (1995).) In addition, a specific savings 
clause included in subsequent legislation enacted in 1991 would ensure 
the continued vitality of the regulations adopted in 1987. (See 7004(b) 
of Pub. L. 102-240, December 18, 1991.) The Airports Authority, the 
Federal government, and the public continue to rely on the local 
regulations, and not the Federal regulations in part 159, for use and 
operations at both airports. The FAA does not envision any future need 
for the Federal regulations on the part of the Federal government, the 
general public, or the Airports Authority. Continued publication of 
these regulations is neither necessary nor cost-effective and they 
should be removed from the CFR.

Paperwork Reduction Act

    There is no requirement to collect or submit information associated 
with this rulemaking. Any information collection requirements 
associated with part 159 will be eliminated when this part is removed 
from the Code of Federal Regulations. Therefore, there are no issues of 
compliance regarding the Paperwork Reduction Act of 1980 (Pub. L. 96-
5111), as amended by the Paperwork Reduction Act of 1995 (Pub. L. 104-
13, May 22, 1995), or OMB implementing regulations (60 FR 44978; August 
29, 1995).

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 was enacted by Congress to 
ensure that small entities are not unnecessarily or disproportionately 
burdened by regulations. The Act requires Federal agencies to analyze 
the economic effect of regulatory changes on small entities. A 
regulatory flexibility analysis is required if a proposal will have a 
significant economic impact on a substantial number of small business 
entities. Removing these obsolete and possibly inconsistent regulations 
that apply only to the Washington Metropolitan Airports will not have a 
significant effect on any small business entities under the criteria of 
the Regulatory Flexibility Act or FAA Order 2100.14A, ``Regulatory 
Flexibility Criteria and Guidance,'' which establishes threshold costs 
and size standards to assist compliance with the act.

International Trade Impact Analysis

    The Office of Management and Budget directs Federal agencies to 
assess the effect of regulatory changes on international trade. 
Removing part 159 will have no impact on trade for U.S. firms doing 
business in foreign countries or foreign firms doing business in the 
United States. Thus, adopting this final rule will not constitute a 
barrier to international trade.

Federalism Implications

    The final rule will not have substantial direct effects on the 
states, on the relationship between the national government and the 
states, or on the distribution of power and responsibilities among the 
various levels of government. In fact, adopting this final rule is 
consistent with the transfer of operating authority and responsibility 
to a local public entity as directed by Congress in the Washington 
Metropolitan Airports Act of 1986. Therefore, in accordance with 
Executive Order 12612, this final rule does not have sufficient 
federalism impacts to warrant the preparation of a federalism 
assessment.

Conclusion

    Removing part 159 from the Code of Federal Regulations is not a 
significant regulatory action under the criteria in Executive Order 
12866, entitled ``Regulatory Planning and Review,'' issued on September 
30, 1993 (58 FR 51735; October 4, 1993), or the guidance issued by the 
Office of Management and Budget for implementation of E.O. 12866 (dated 
October 12, 1993). This rulemaking action also is not significant under 
DOT Order 2100.5, ``Policies and Procedures for Simplification, 
Analysis, and Review of Regulations.'' Removing part 159 is not 
expected to have any economic impact on the use and occupancy or daily 
operation of the Washington Metropolitan Airports. The FAA has not 
identified any specific economic consequences attributable to 
eliminating these redundant regulations. To the extent this rulemaking 
action has any economic impact, the only impact will be the savings to 
the Federal government realized by discontinuing publication of this 
part in the CFR. If there are any costs or benefits associated with 
removing part 159, the FAA expects their value, if any, to be minimal 
under the criteria of applicable Executive Orders, statutes, or 
regulations. Since there are no costs expected to accrue and only 
minimal benefits are anticipated, the FAA is not required to prepare a 
full regulatory evaluation of this final rule.

Reason for No Notice and Immediate Adoption

    Under Sec. 6005(c)(5) of the Metropolitan Airports Act of 1986 (49 
U.S.C. App. 2455(c)(5)), the regulations in part 159 were to become the 
regulations of the Metropolitan Washington Airports Authority on June 
7, 1987, the date the long-term lease between the Federal government 
and the Airports Authority was effective. Under the 1986 act, those 
regulations were to be effective as regulations of the Airports 
Authority, until modified or revoked by the Airports Authority, under 
procedures developed for such administrative actions.
    On April 1, 1987, the Metropolitan Washington Airports Authority 
adopted its own regulations for National Airport and Dulles 
International Airport by Resolution 87-5. Thus, local use and occupancy 
regulations actually were effective shortly after formation of the 
Airports Authority on October 18, 1986, and several months in advance 
of the lease effective date on June 7, 1987. The regulations authorized 
by Congress and adopted by the local agency for the expressed purpose 
of transferring

[[Page 19786]]

operating authority and responsibility for the airports have been 
effective and used continuously by the Airports Authority and the 
public since the creation of the local entity and the transfer of both 
airports. The regulations are generally available at local libraries 
near either airport and are available upon request from the Office of 
Legal Counsel for the Metropolitan Washington Airports Authority. 
Adoption of the final rule, therefore, will have no effect on 
operations of the Metropolitan Washington Airports, the users of the 
airport, the general public, the Airports Authority, or the Federal 
government.
    Accordingly, notice and public comment are unnecessary. In 
addition, good cause exists, under Sec. 553(d) of the Administrative 
Procedure Act (5 U.S.C. 553(d)), to make this amendment effective in 
fewer than 30 days. In accordance with DOT regulatory policies and 
procedures, an opportunity for public comment on the final rule is 
provided.

List of Subjects in 14 CFR Part 159

    Air carriers, Air traffic control, Aircraft, Airports, District of 
Columbia, Federal buildings and facilities, Fire prevention, Law 
enforcement. Reporting and recordkeeping requirements, Security 
measures, Traffic regulations.

The Amendment

    Accordingly, pursuant to 49 U.S.C. 44701, the Federal Aviation 
Administration amends 14 CFR by removing part 159.

    Issued in Washington, DC, on April 26, 1996.
David R. Hinson,
Administrator.
[FR Doc. 96-10824 Filed 5-1-96; 8:45 am]
BILLING CODE 4910-13-M`