19784 Federal Register / Vol. 61, No. 86 / Thursday, May 2, 1996 / Rules and Regulations

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.

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: nprmcmts@mail.hq.faa.gov.

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regulations are no longer in effect by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

§ 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.
Federal Register / Vol. 61, No. 86 / Thursday, May 2, 1996 / Rules and Regulations 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 § 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
19786 Federal Register / Vol. 61, No. 86 / Thursday, May 2, 1996 / Rules and Regulations

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 § 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]

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