Você está na página 1de 4

Federal Register / Vol. 70, No.

211 / Wednesday, November 2, 2005 / Rules and Regulations 66253

List of Subjects in 14 CFR Part 71 PART 71—DESIGNATION OF CLASS A, § 71.1 [Amended]


B, C, D, AND E AIRSPACE AREAS; AIR ■ 2. The incorporation by reference in
Airspace, Incorporation by reference, TRAFFIC SERVICE ROUTES; AND 14 CFR 71.1 of FAA Order 7400.9N,
Navigation (air). REPORTING POINTS Airspace Designations and Reporting
The Adoption of the Amendment Points, dated September 1, 2005, and
■ 1. The authority citation for part 71
effective September 15, 2005, is
continues to read as follows:
■ In consideration of the foregoing, the amended as follows:
Federal Aviation Administration Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Paragraph 6011 Area Navigation Routes
amends 14 CFR part 71 as follows:
1963 Comp., p. 389. * * * * *

T–204 Taylor, FL to Brunswick, GA [New]


Taylor, FL (TAY) ........................................... VORTAC ........................................................ (Lat. 30°30′17″ N., long. 82°33′11″ W.)
Brunswick, GA (SSI) ..................................... VORTAC ........................................................ (Lat. 31°03′02″ N., long. 81°26′46″ W.)

* * * * * * *
T–205 Ocala, FL to Valdosta, GA [New]
Ocala, FL (OCF) ............................................ VORTAC ........................................................ (Lat. 29°10′39″ N., long. 82°13′35″ W.)
Valdosta, GA (OTK) ...................................... VOR/DME ...................................................... (Lat. 30°46′50″ N., long. 83°16′47″ W.)

* * * * * * *
T–207 Ormond Beach, FL to Waycross, GA [New]
Ormond Beach, FL (OMN) ........................... VORTAC ........................................................ (Lat. 29°18′12″ N., long. 81°06′46″ W.)
CARRA ........................................................... Fix .................................................................. (Lat. 29°43′51″ N., long. 81°36′29″ W.)
Cecil, FL (VQQ) ............................................. VOR ............................................................... (Lat. 30°12′47″ N., long. 81°53′27″ W.)
MONIA, FL .................................................... Fix .................................................................. (Lat. 30°28′49″ N., long. 82°02′53″ W.)
Waycross, GA (AYS) ..................................... VORTAC ........................................................ (Lat. 31°16′10″ N., long. 82°33′23″ W.)

* * * * * * *
T–208 Gators, FL to Ormond Beach, FL [New]
Gators, FL (GNV) ........................................... VORTAC ........................................................ (Lat. 29°41′32″ N., long. 82°16′23″ W.)
CARRA ........................................................... Fix .................................................................. (Lat. 29°43′51″ N., long. 81°36′29″ W.)
Ormond Beach, FL (OMN) ........................... VORTAC ........................................................ (Lat. 29°18′12″ N., long. 81°06′46″ W.)

* * * * * * *
T–211 Ocala, FL to Craig, FL [New]
Ocala, FL (OCF) ............................................ VORTAC ........................................................ (Lat. 29°10′39″ N., long. 82°13′35″ W.)
JUTTS ............................................................ WP ................................................................. (Lat. 29°36′00″ N., long. 82°02′00″ W.)
CARRA ........................................................... Fix .................................................................. (Lat. 29°43′51″ N., long. 81°36′29″ W.)
Craig, FL (CRG) ............................................. VORTAC ........................................................ (Lat. 30°20′20″ N., long. 81°30′36″ W.)

* * * * * * *

Issued in Washington, DC on October 27, Aviation Regulation (SFAR) No. 105 (2) Visiting the FAA’s Regulations and
2005. through March 31, 2006. This action is Policies Web page at http://
Edith V. Parish, necessary to maintain the reservation www.faa.gov/regulations_policies/; or
Manager, Airspace and Rules. system established for unscheduled (3) Accessing the Government
[FR Doc. 05–21879 Filed 11–1–05; 8:45 am] arrivals at O’Hare International Airport Printing Office’s Web page at http://
BILLING CODE 4910–13–P while the FAA completes rulemaking www.gpoaccess.gov/fr/index.html.
associated with scheduled arrivals at the You can also get a copy by sending a
airport. request to the Federal Aviation
DEPARTMENT OF TRANSPORTATION DATES: This final rule is effective on Administration, Office of Rulemaking,
October 28, 2005, and SFAR No. 105 ARM–1, 800 Independence Avenue
Federal Aviation Administration published at 70 FR 39610 (July 8, 2005), SW., Washington, DC 20591, or by
as amended in this rule, shall remain in calling (202) 267–9680. Make sure to
14 CFR Part 93 effect until March 31, 2006. identify the amendment number or
[Docket No. FAA–2005–19411; SFAR No. docket number of this rulemaking.
FOR FURTHER INFORMATION CONTACT:
105] Gerry Shakley, System Operations Small Business Regulatory Enforcement
RIN 2120–AI47 Services, Air Traffic Organization; Fairness Act
Telephone: (202) 267–9424; E-mail: The Small Business Regulatory
Reservation System for Unscheduled gerry.shakley@faa.gov. Enforcement Fairness Act (SBREFA) of
Arrivals at Chicago’s O’Hare SUPPLEMENTARY INFORMATION: 1996 requires FAA to comply with
International Airport small entity requests for information or
Availability of Rulemaking Documents advice about compliance with statutes
AGENCY: Federal Aviation
Administration (FAA), DOT. You can get an electronic copy using and regulations within its jurisdiction.
ACTION: Final rule; extension of the Internet by: Therefore, any small entity that has a
expiration date. (1) Searching the Department of question regarding this document may
Transportation’s electronic Docket contact their local FAA official, or the
SUMMARY: This action extends the Management System (DMS) Web page person listed under FOR FURTHER
expiration date of Special Federal (http://dms.dot.gov/search); INFORMATION CONTACT. You can find out

VerDate Aug<31>2005 17:26 Nov 01, 2005 Jkt 208001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\02NOR1.SGM 02NOR1
66254 Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Rules and Regulations

more about SBREFA on the Internet at Density Rule, effective November 1, determined that there are no ICAO
our site, http://www.faa.gov/ 2004. Standards and Recommended Practices
regulations_policies/rulemaking/ On July 8, 2005, the FAA published that correspond to these proposed
sbre_act/. SFAR No. 105, ‘‘Reservation System for regulations.
Unscheduled Arrivals at Chicago’s
Authority for This Rulemaking Paperwork Reduction Act
O’Hare International Airport’’ (70 FR
The U.S. Government has exclusive 39610). As we stated in SFAR No. 105, Information collection requirements
sovereignty over the airspace of the the benefits achieved by the FAA’s associated with this final rule have been
United States.1 Under this broad August 18 Order would dissipate if approved previously by the Office of
authority, Congress has delegated to the certain operations at the airport Management and Budget (OMB) under
Administrator extensive and plenary remained capped but other operations the provisions of the Paperwork
authority to ensure the safety of aircraft were permitted to grow. SFAR No. 105 Reduction Act of 1995 (44 U.S.C.
and the efficient use of the Nation’s maintained the historical level of 3507(d)), and have been assigned OMB
navigable airspace. In this regard, the unscheduled operations at O’Hare and Control Number 2120–0694.
Administrator is required to assign by supported other agency actions at As required by the Paperwork
regulation or order use of the airspace O’Hare that address congestion and Reduction Act of 1995 (44 U.S.C.
to ensure its efficient use.2 delay until additional capacity exists at 3507(d)), the FAA submitted a copy of
The FAA’s broad statutory authority the airport. the new information collection
to manage the efficient use of airspace In SFAR No. 105, we discussed that requirements(s) in this final rule to the
encompasses management of the it may be necessary to extend this rule Office of Management and Budget
nationwide system of air commerce and limiting unscheduled arrivals at O’Hare (OMB) for its review. OMB approved the
air traffic control. To ensure the efficient to coincide with a final rule addressing collection of this information and
use of the airspace, the FAA must take scheduled arrivals, if adopted, or with assigned OMB Control Number 2120–
steps to prevent congestion at an airport an extension of the August 2004 Order. 0694.
from disrupting or adversely affecting The NPRM addressing scheduled This final rule establishes a
the air traffic system for which the FAA arrivals at O’Hare was published on reservation system to limit the number
is responsible. Inordinate delays of the March 25, 2005 (70 FR 15520), and the of unscheduled aircraft arrivals at
sort experienced at O’Hare in late 2003 agency is currently evaluating the Chicago’s O’Hare International Airport
and much of 2004 can have a crippling comments. The FAA recently extended (O’Hare) during the peak hours of 7 a.m.
effect on other parts of the system, the August 2004 Order through April 1, through 8:59 p.m., Central Time,
causing significant losses in time and 2006.4 We conclude that it is necessary Monday through Friday, and 12 p.m.
money for individuals and businesses, to extend SFAR 105 through March 31, through 8:59 p.m. Central Time on
as well as the air carriers and other 2006,5 to maintain the current operating Sunday. We received no comments from
operators at O’Hare and beyond. This environment at the airport. the public that specifically discussed
rule facilitates the Agency’s exercise of The 5-month extension is necessary to information collection.
its authority to manage the safe and conclude any rulemaking addressing An agency may not collect or sponsor
efficient use of the navigable airspace. limits on scheduled arrivals and the collection of information, nor may it
consider the effect that rulemaking will impose an information collection
Background requirement, unless it displays a
have, if any, on SFAR No. 105. We are
Since November 2003, O’Hare has not seeking public comment on this 5- currently valid OMB control number.
suffered an inordinate and unacceptable month extension, as the extension is but Executive Order 12866 and DOT
number of delays as the result of over- for a limited duration and provides an Regulatory Policies and Procedures
scheduling at the airport, which was interim measure pending adoption of a Changes to Federal regulations must
also having a crippling effect on the comprehensive regulation that undergo several economic analyses.
entire National Airspace System. In addresses scheduled operations at the First, Executive Order 12866 directs that
August 2004, the FAA intervened by airport. If this SFAR needs to be each Federal agency shall propose or
ordering a limit on the number of extended beyond the date adopted here, adopt a regulation only upon a reasoned
scheduled arrivals at the airport during the Agency will proceed with notice determination that the benefits of the
the peak operating hours of 7 a.m. and comment procedures. intended regulation justify its costs.
through 8:59 p.m., Central Time, Therefore, we find that notice and
Second, the Regulatory Flexibility Act
effective November 1, 2004, so that the comment procedures under 5 U.S.C.
of 1980 requires agencies to analyze the
system could return to a reasonably section 553(b) are impracticable and
economic impact of regulatory changes
balanced level of operations and delay.3 contrary to the public interest. We
on small entities. Third, the Trade
On October 20, 2004, we published a further find that good cause exists to
Agreements Act (19 U.S.C. 2531–2533)
notice of proposed rulemaking (NPRM) make this rule effective in less than 30
prohibits agencies from setting
seeking public comments on a proposed days.
standards that create unnecessary
reservation system for unscheduled
International Compatibility obstacles to the foreign commerce of the
arrivals at O’Hare (69 FR 61708). While
In keeping with U.S. obligations United States. In developing U.S.
this rulemaking was pending, we
under the Convention on International standards, this Trade Act requires
implemented a corresponding voluntary
Civil Aviation, it is FAA policy to agencies to consider international
reservation program for unscheduled
comply with International Civil standards and, where appropriate, to be
arrivals using the general procedures
Aviation Organization (ICAO) Standards the basis of U.S. standards. Fourth, the
followed during Special Traffic
and Recommended Practices to the Unfunded Mandate Reform Act of 1995
Management Programs and the High
maximum extent practicable. The FAA (Pub. L. 104–4) requires agencies to
1 49U.S.C. 40103(a).
prepare a written assessment of the
2 49U.S.C. 40103(b)(1). 4 See70 FR 59798; October 13, 2005. costs, benefits, and other effects of
3 Operating Limitations at Chicago International 5 Thelimits on unscheduled arrivals do not apply proposed or final rules that include a
Airport. Docket No. FAA–2004–16944. on Saturdays. Federal mandate likely to result in the

VerDate Aug<31>2005 16:38 Nov 01, 2005 Jkt 208001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\02NOR1.SGM 02NOR1
Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Rules and Regulations 66255

expenditure by State, local, or tribal provides that the head of the agency determined that this action will not
governments, in the aggregate, or by the may so certify and a regulatory have a substantial direct effect on the
private sector, of $100 million or more flexibility analysis is not required. The States, or the relationship between the
annually (adjusted for inflation). This certification must include a statement national Government and the States, or
portion of the preamble summarizes the providing the factual basis for this on the distribution of power and
FAA’s analysis of the economic impact determination, and the reasoning should responsibilities among the various
of this SFAR extension. be clear. levels of government. Therefore, we
The Department of Transportation This final rule extends the expiration have determined that this final rule does
Order DOT 2100.5 prescribes policies date of SFAR No. 105, which provides not have federalism implications.
and procedures for simplification, for fewer airport delays at a minimum
analysis, and review of regulations. If cost. Just as in the initial and final Environmental Analysis
the expected cost impact is so minimal regulatory flexibility analyses, the FAA FAA Order 1050.1E identifies FAA
that a rule does not warrant a full expects there will be a substantial actions that are categorically excluded
evaluation, this order permits a number of small entities affected by the from preparation of an environmental
statement to that effect. The basis for the extension of this final SFAR, however, assessment or environmental impact
minimal impact must be included in the the economic effect will continue to be statement under the National
preamble, if a full regulatory evaluation insignificant. Therefore, as the FAA Environmental Policy Act in the
of the cost and benefits is not prepared. Administrator, I certify that this action absence of extraordinary circumstances.
Such a determination has been made for will not have a significant economic The FAA has determined this proposed
this rule. The reasoning for that impact on a substantial number of small rulemaking action qualifies for the
determination follows: entities. categorical exclusion identified in
In the preamble of SFAR No. 105, the paragraph 312f, and involves no
FAA stated that we might consider Trade Impact Assessment
extraordinary circumstances.
extending SFAR 105 for a time period The Trade Agreements Act of 1979
that would coincide with a final rule prohibits Federal agencies from Regulations That Significantly Affect
limiting scheduled operations. Because engaging in any standards or related Energy Supply, Distribution, or Use
the Agency has not adopted a final rule activities that create unnecessary The FAA has analyzed this final rule
limiting scheduled operations, the FAA obstacles to the foreign commerce of the under Executive Order 13211, Actions
is extending this SFAR through March United States. Legitimate domestic Concerning Regulations that
31, 2006. In the final economic objectives, such as safety, are not Significantly Affect Energy Supply,
assessment of SFAR No. 105, the FAA considered unnecessary obstacles. The Distribution, or Use (66 FR 28355, May
found that the rule provided system statute also requires consideration of 18, 2001). We have determined that it is
delay benefits at a minimal cost. The international standards and, where not a ‘‘significant energy action’’ under
FAA finds that this extension is cost appropriate, that they be the basis for the executive order because it is not a
beneficial and will continue to provide U.S. standards. ‘‘significant regulatory action’’ under
system delay benefits at minimal cost. The FAA has assessed the potential Executive Order 12866, and it is not
Regulatory Flexibility Determination effect of the extension of this final rule likely to have a significant adverse effect
and determined that it will not have an on the supply, distribution, or use of
The Regulatory Flexibility Act of 1980 effect on foreign commerce. energy.
(RFA) establishes ‘‘as a principle of
regulatory issuance that agencies shall Unfunded Mandate Reform Act List of Subjects in 14 CFR Part 93
endeavor, consistent with the objective The Unfunded Mandate Reform Act of Air traffic control, Airports, Alaska,
of the rule and of applicable statutes, to 1995 (the Act), enacted as Pub. L. 104– Navigation (air), Reporting and
fit regulatory and informational 4 on March 22, 1995, is intended, recordkeeping requirements.
requirements to the scale of the among other things, to curb the practice
business, organizations, and of imposing unfunded Federal mandates The Amendment
governmental jurisdictions subject to on State, local, and tribal governments. ■ For the reasons set forth above, the
regulation.’’ To achieve that principle, Title II of the Act requires each Federal Federal Aviation Administration is
the RFA requires agencies consider agency to prepare a written statement amending chapter I of title 14 Code of
flexible regulatory proposals, to explain assessing the effects of any Federal Federal Regulations as follows:
the rationale for their actions, and to mandate in a proposed or final agency
solicit comments. The RFA covers a rule that may result in a $100 million or PART 93—SPECIAL AIR TRAFFIC
wide-range of small entities, including more expenditure (adjusted annually for RULES AND AIRPORT TRAFFIC
small businesses, not-for-profit inflation) in any one year by State, local,
organizations and small governmental and tribal governments, in the aggregate, ■ 1. The authority citation for part 93
jurisdictions. or by the private sector; such a mandate continues to read as follows:
Agencies must perform a review to is deemed to be a ‘‘significant regulatory Authority: 49 U.S.C. 106(g), 40103, 40106,
determine whether a proposed or final action.’’ The FAA currently uses an 40109, 40113, 44502, 44514, 44701, 44719,
rule will have a significant economic inflation-adjusted value of $120.7 46301.
impact on a substantial number of small million in lieu of $100 million.
entities. If the agency determines that it This final rule does not contain such ■ 2. Section 9 of Special Federal
will, the agency must prepare a a mandate. Therefore, the requirements Aviation Regulation (SFAR) No. 105 is
regulatory flexibility analysis as of Title II of the Unfunded Mandate revised to read as follows:
described in the RFA. Reform Act of 1995 do not apply.
However, if an agency determines that Special Federal Aviation Regulation
a proposed or final rule is not expected Executive Order 13132, Federalism No. 105—Operating Limitations for
to have a significant economic impact The FAA has analyzed this final rule Unscheduled Operations at Chicago’s
on a substantial number of small under the principles and criteria of O’Hare International Airport
entities, section 605(b) of the RFA Executive Order 13132, Federalism. We * * * * *

VerDate Aug<31>2005 16:38 Nov 01, 2005 Jkt 208001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\02NOR1.SGM 02NOR1
66256 Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Rules and Regulations

Section 9. Expiration. This Special material at NARA, call 202–741–6030, The Rule
Federal Aviation Regulation expires at 9 or go to: http://www.archives.gov/
p.m., Central Time, on March 31, 2006, federal_register/ This amendment to 14 CFR part 97 is
unless sooner terminated. code_of_federal_regulations/ effective upon publication of each
ibr_locations.html. separate SIAP as amended in the
Issued in Washington, DC, on October 27,
2005. For Purchase—Individual SIAP transmittal. For safety and timeliness of
Marion C. Blakey, copies may be obtained from: change considerations, this amendment
1. FAA Public Inquiry Center (APA– incorporates only specific changes
Administrator.
200), FAA Headquarters Building, 800 contained for each SIAP as modified by
[FR Doc. 05–21786 Filed 10–27–05; 4:47 pm]
Independence Avenue, SW., FDC/P–NOTAMs.
BILLING CODE 4910–13–P
Washington, DC 20591; or The SIAPs, as modified by FDC P–
2. The FAA Regional Office of the NOTAM, and contained in this
DEPARTMENT OF TRANSPORTATION region in which the affected airport is amendment are based on the criteria
located. contained in the U.S. Standard for
Federal Aviation Administration By Subscription—Copies of all SIAPs, Terminal Instrument Procedures
mailed once every 2 weeks, are for sale (TERPS). In developing these chart
14 CFR Part 97 by the Superintendent of Documents, changes to SIAPs, the TERPS criteria
[Docket No. 30463; Amdt. No. 3139] U.S. Government Printing Office, were applied to only these specific
Washington, DC 20402. conditions existing at the affected
Standard Instrument Approach FOR FURTHER INFORMATION CONTACT: airports. All SIAP amendments in this
Procedures; Miscellaneous Donald P. Pate, Flight Procedure rule have been previously issued by the
Amendments Standards Branch (AFS–420), Flight FAA in a FDC NOTAM as an emergency
AGENCY: Federal Aviation Technologies and Programs Division, action of immediate flight safety relating
Administration (FAA), DOT. Flight Standards Service, Federal directly to published aeronautical
ACTION: Final rule.
Aviation Administration, Mike charts. The circumstances which
Monroney Aeronautical Center, 6500 created the need for all these SIAP
SUMMARY: This amendment amends South MacArthur Blvd. Oklahoma City, amendments requires making them
Standard Instrument Approach OK. 73169 (Mail Address: P.O. Box effective in less than 30 days.
Procedures (SIAPs) for operations at 25082 Oklahoma City, OK. 73125)
Further, the SIAPs contained in this
certain airports. These regulatory telephone: (405) 954–4164.
amendment are based on the criteria
actions are needed because of changes SUPPLEMENTARY INFORMATION: This contained in TERPS. Because of the
occurring in the National Airspace amendment to Title 14, Code of Federal
System, such as the commissioning of close and immediate relationship
Regulations, Part 97 (14 CFR part 97) between these SIAPs and safety in air
new navigational facilities, addition of amends Standard Instrument Approach
new obstacles, or changes in air traffic commerce, I find that notice and public
Procedures (SIAPs). The complete
requirements. These changes are procedure before adopting these SIAPs
regulatory description of each SIAP is
designed to provide safe and efficient are impracticable and contrary to the
contained in the appropriate FAA Form
use of the navigable airspace and to 8260, as modifiedby the the National public interest and, where applicable,
promote safe flight operations under Flight Data Center (FDC)/Permanent that good cause exists for making these
instrument flight rules at the affected Notice to Airmen (P–NOTAM), which is SIAPs effective in less than 30 days.
airports. incorporated by reference in the Conclusion
DATES: This rule is effective November amendment under 5 U.S.C. 552(a), 1
2, 2005. The compliance date for each CFR part 51, and § 97.20 of the Code of The FAA has determined that this
SIAP is specified in the amendatory Federal Regulations. Materials regulation only involves an established
provisions. incorporated by reference are available body of technical regulations for which
The incorporation by reference of for examination or purchase as stated frequent and routine amendments are
certain publications listed in the above. necessary to keep them operationally
regulations is approved by the Director The large number of SIAPs, their current. It, therefore—(1) is not a
of the Federal Register as of November complex nature, and the need for a ‘‘significant regulatory action’’ under
2, 2005. special format make their verbatim Executive Order 12866; (2) is not a
ADDRESSES: Availability of matter publication in the Federal Register ‘‘significant rule’’ under DOT
incorporated by reference in the expensive and impractical. Further, Regulatory Policies and Procedures (44
amendment is as follows: airmen do not use the regulatory text of FR 11034; February 26, 1979); and (3)
For Examination— the SIAPs, but refer to their graphic does not warrant preparation of a
1. FAA Rules Docket, FAA depiction on charts printed by regulatory evaluation as the anticipated
Headquarters Building, 800 publishers of aeronautical materials. impact is so minimal. For the same
Independence Ave., SW., Washington, Thus, the advantages of incorporation reason, the FAA certifies that this
DC 20591; by reference are realized and amendment will not have a significant
2. The FAA Regional Office of the publication of the complete description
economic impact on a substantial
region in which affected airport is of each SIAP contained in FAA form
number of small entities under the
located; or documents is unnecessary. The
criteria of the Regulatory Flexibility Act.
3. The National Flight Procedures provisions of this amendment state the
Office, 6500 South MacArthur Blvd., affected CFR sections, with the types List of Subjects in 14 CFR Part 97
Oklahoma City, OK 73169 or, and effective dates of the SIAPs. This
4. The National Archives and Records amendment also identifies the airport, Air Traffic Control, Airports,
Administration (NARA). For its location, the procedure identification Incorporation by reference, and
information on the availability of this and the amendment number. Navigation (Air).

VerDate Aug<31>2005 16:38 Nov 01, 2005 Jkt 208001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\02NOR1.SGM 02NOR1

Você também pode gostar