Removal of Part 159; National Capital Airports

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regulations are no longer in effect by operation of law, the final rule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