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Monday,

January 31, 2005

Part V

Department of
Transportation
Federal Aviation Administration

14 CFR Part 91
Carrying Candidates in Elections; Final
Rule

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4980 Federal Register / Vol. 70, No. 19 / Monday, January 31, 2005 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION identify the amendment number or transportation of candidates in Federal


docket number of this rulemaking. elections nor the new rules applicable to
Federal Aviation Administration Anyone is able to search the the transportation of candidates for
electronic form of all comments public office in state and local elections
14 CFR Part 91 received into any of our dockets by the relieve the pilots from the airman
name of the individual submitting the certification requirements of possessing,
[Docket No. FAA–2005–20168; Amendment
No. 91–287] comment (or signing the comment, if at a minimum, a commercial pilot
submitted on behalf of an association, certificate when the pilot is paid for the
RIN 2120–AI12 business, labor union, etc.). You may transportation service. The present rules
review DOT’s complete Privacy Act and the revised rules merely relieve the
Carrying Candidates in Elections statement in the Federal Register aircraft operator from the requirements
AGENCY: Federal Aviation published on April 11, 2000 (Volume to possess an air carrier/commercial
Administration (FAA), DOT. 65, Number 70; Pages 19477–78) or you operator certificate.
ACTION: Final rule.
may visit http://dms.dot.gov. Certain conditions must be met for
these operators to qualify to operate
Small Business Regulatory Enforcement
SUMMARY: This final rule allows an under the general operating rules of 14
Fairness Act
aircraft operator, other than one CFR and to not be required to comply
operating an aircraft as an air carrier or The Small Business Regulatory with rules that apply to air carriers and
commercial operator, to receive Enforcement Fairness Act (SBREFA) of other commercial operators. Those
payment for carrying a candidate 1996 requires FAA to comply with conditions are:
seeking office in a State or local election small entity requests for information or • The operator’s primary business is
during a campaign. Current regulations advice about compliance with statutes not as an air carrier or commercial
allow aircraft operators to receive and regulations within its jurisdiction. operator;
payment for carrying candidates seeking Therefore, any small entity that has a • The carriage is conducted under the
office in Federal elections during a question regarding this document may rules of part 91; and
campaign without the aircraft operator contact their local FAA official, or the • Payment by the candidate to the
having to meet the safety standards person listed under FOR FURTHER aircraft operator is required by law or
applicable to air carriers and other INFORMATION CONTACT. You can find out regulation.
commercial operators. This rule meets a more about SBRFA on the Internet at For candidates in Federal elections,
Congressional mandate that the FAA our site, http://www.faa.gov/avr/arm/ the amount paid must not exceed the
amend its rules to allow aircraft sbrefa.htm. For more information on amount required by regulations of the
operators who transport State and local SBREFA, e-mail us 9-AWA- Federal Election Commission (11 CFR et
candidates for compensation, to do so SBREFA@faa.gov. seq.). For candidates for public office in
without having to comply with FAA state or local elections, the amount paid
Background and Statutory Authority
safety rules applicable to air carriers and must not exceed the amount required to
for This Revision
other commercial operators. be paid under state or local law. The
As part of the 1996 FAA aircraft operator, conducting the flight
DATES: This final rule is effective March reauthorization legislation, Congress under part 91, will be permitted to
2, 2005. required that the FAA Administrator accept payment in accordance with state
FOR FURTHER INFORMATION CONTACT: John revise Section 91.321 (14 CFR 91.321) of or local law for the transportation of
Chescavage, Office of Rulemaking, the Federal Aviation Regulations agents or people working on behalf of
ARM–102 Federal Aviation relating to the carriage of candidates in the state or local candidate. Aircraft
Administration, 800 Independence Federal elections, to make the same or operators are already allowed to accept
Avenue SW., Washington, DC 20591; similar rules applicable to the carriage payment from agents of, and people
telephone (202) 867–9783; facsimile of candidates for election to public representing, Federal candidates when
(202) 867–5075, e-mail office in state and local government the rules of the FEC require such
john.chescavage@faa.gov. elections. See Section 1214 ‘‘Carriage of payments to be made.
SUPPLEMENTARY INFORMATION: Candidates in State and Local We have rewritten the entire section
Elections’’, Public Law 104–264. because the current language makes
Availability of Rulemaking Documents Presently, Section 91.321 allows specific references to the Federal
You can get an electronic copy using aircraft operators, who are not air Election Commission (FEC) and, thus,
the Internet by: carriers or commercial operators only applies to Federal elections. The
(1) Searching the Department of conducting flights under 14 CFR part FEC does not have any authority over
Transportation’s electronic Docket 121, 125 or 135, to carry—for candidates for election to state and local
Management System (DMS) web page compensation—candidates in Federal government offices. Rather than adding
(http://dms.dot.gov/search); elections without having to comply with new information to the existing
(2) Visiting the Office of Rulemaking’s FAA safety rules applicable to air language, we have rewritten the whole
web page at http://www.faa.gov/avr/ carriers if the rules of the Federal section to make it easier to understand.
arm/index.cfm; or Election Commission (FEC) require the
(3) Accessing the Government candidate to make the payment. In view Good Cause for Not Requesting
Printing Office’s web page at http:// of the Congressional mandate, the FAA Comment
www.access.gpo.gov/su_docs/aces/ has revised its regulations to allow Under the Administrative Procedures
aces140.html. aircraft operators who transport Act (APA) (5 U.S.C. 553(b)), an agency
You can also get a copy by submitting candidates for public office in state and is not required to follow the normal
a request to the Federal Aviation local elections for compensation, to do notice and comment procedures if it
Administration, Office of Rulemaking, so without complying with FAA safety finds, for good cause, that they are
ARM–1, 800 Independence Avenue rules applicable to air carriers and other impracticable, unnecessary, or contrary
SW., Washington, DC 20591, or by commercial operators. Neither the to the public interest. Since the 1996
calling (202) 267–9680. Make sure to existing rules applicable to the reauthorization mandated the changes

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Federal Register / Vol. 70, No. 19 / Monday, January 31, 2005 / Rules and Regulations 4981

to the Code of Federal Regulations and tribal governments, or on the private by State, local, and tribal governments,
directed the FAA to make specific sector. in the aggregate, or by the private sector;
changes, we have determined that good This rule will impose no cost on the such a mandate is deemed to be a
cause exists to waive prior notice and industry. This final rule allows certain ‘‘significant regulatory action.’’ The
comment. aircraft operators, who qualify and who FAA currently uses an inflation-
conduct operations solely under 14 CFR adjusted value of $120.7 million in lieu
Paperwork Reduction Act part 91, to receive payment, in of $100 million.
There are no current or new accordance with state or local law, to
requirements for information collection This final rule does not contain such
transport candidates in State and local
associated with this amendment. a mandate. The requirements of Title II
elections.
of the Act, therefore, do not apply.
International Compatibility Regulatory Flexibility Determination
Executive Order 13132, Federalism
In keeping with U.S. obligations The Regulatory Flexibility Act of 1980
under the Convention on International (RFA) directs the FAA to fit regulatory The FAA has analyzed this final rule
Civil Aviation, it is FAA policy to requirements to the scale of the under the principles and criteria of
comply with International Civil business, organizations, and Executive Order 13132, Federalism. We
Aviation Organization (ICAO) Standards governmental jurisdictions subject to determined that this action will not
and Recommended Practices to the the regulation. We are required to have a substantial direct effect on the
maximum extent practicable. The FAA determine whether a proposed or final States, or the relationship between the
has determined that there are no ICAO action will have a ‘‘significant economic national Government and the States, or
Standards and Recommended Practices impact on a substantial number of small on the distribution of power and
that correspond to these regulations. entities’’ as they are defined in the Act. responsibilities among the various
Economic Assessment, Regulatory If we find that the action will have a levels of government, and therefore does
Flexibility Determination, Trade Impact significant impact, we must do a not have federalism implications.
Assessment, and Unfunded Mandates ‘‘regulatory flexibility analysis.’’
This final rule imposes no cost on any Environmental Analysis
Assessment
aircraft operator, but allows aircraft
Proposed changes to Federal FAA Order 1050.1E identifies FAA
operators, who qualify and conduct
regulations must undergo several actions that are categorically excluded
flights under part 91 of the Federal
economic analyses. First, Executive from preparation of an environmental
Aviation Regulations, to receive
Order 12866 directs each Federal agency assessment or environmental impact
payment for transporting candidates in
to propose or adopt a regulation only statement under the National
State and local elections. As such, the
upon a reasoned determination that the Environmental Policy Act in the
RFA does not apply to this action, and
benefits of the intended regulation absence of extraordinary circumstances.
we certify that this action will not have
justify its costs. Second, the Regulatory The FAA has determined this
a significant economic impact on a
Flexibility Act of 1980 requires agencies rulemaking action qualifies for the
substantial number of small entities.
to analyze the economic impact of categorical exclusion identified in
regulatory changes on small entities. Trade Impact Assessment paragraph 312(d) and involves no
Third, the Trade Agreements Act (19 The Trade Agreement Act of 1979 extraordinary circumstances.
U.S.C. 2531–2533) prohibits agencies prohibits Federal agencies from Regulations That Significantly Affect
from setting standards that create establishing any standards or engaging Energy Supply, Distribution, or Use
unnecessary obstacles to the foreign in related activities that create
commerce of the United States. In unnecessary obstacles to the foreign The FAA has analyzed this final rule
developing U.S. standards, the Trade commerce of the United States. under Executive Order 13211, Actions
Act also requires agencies to consider Legitimate domestic objectives, such as Concerning Regulations that
international standards and, where safety, are not considered unnecessary Significantly Affect Energy Supply,
appropriate, use them as the basis of obstacles. The statute also requires Distribution, or Use (May 18, 2001). We
U.S. standards. Fourth, the Unfunded consideration of international standards have determined that it is not a
Mandates Reform Act of 1995 (Public and, where appropriate, that they be the ‘‘significant energy action’’ under the
Law 104–4) requires agencies to prepare basis for U.S. standards. The FAA has executive order because it is not a
a written assessment of the costs, assessed the potential effect of this ‘‘significant regulatory action’’ under
benefits, and other effects of proposed rulemaking and has determined that it Executive Order 12866, and it is not
or final rules that include a Federal will have only a domestic impact and likely to have a significant adverse effect
mandate likely to result in the therefore no effect on any trade- on the supply, distribution, or use of
expenditure by State, local, or tribal sensitive activity. energy.
governments, in the aggregate, or by the
private sector, of $100 million or more Unfunded Mandates Assessment List of Subjects in 14 CFR Part 91
annually (adjusted for inflation). The Unfunded Mandates Reform Act
Agriculture, Air traffic control,
The FAA has determined this rule (1) of 1995 (the Act) is intended, among
Aircraft, Airmen, Airports, Aviation
is not a ‘‘significant regulatory action’’ other things, to curb the practice of
safety, Freight, Noise control, Political
as defined in section 3(f) of Executive imposing unfunded Federal mandates
candidates, Reporting and
Order 12866 and is not ‘‘significant’’ as on State, local, and tribal governments.
recordkeeping requirements.
defined in DOT’s Regulatory Policies Title II of the Act requires each Federal
and Procedures; (2) will not have a agency to prepare a written statement The Amendment
significant economic impact on a assessing the effects of any Federal
substantial number of small entities; (3) mandate in a proposed or final agency ■ In consideration of the foregoing, the
will not reduce barriers to international rule that may result in an expenditure Federal Aviation Administration
trade; and (4) does not impose an of $100 million or more (adjusted amends part 91, chapter I of title 14,
unfunded mandate on state, local, or annually for inflation) in any one year Code of Federal Regulations as follows:

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4982 Federal Register / Vol. 70, No. 19 / Monday, January 31, 2005 / Rules and Regulations

PART 91—GENERAL OPERATING AND local election, without having to comply (b) For the purposes of this section,
FLIGHT RULES with the rules in parts 121, 125 or 135 for Federal elections, the terms
of this chapter, under the following candidate and election have the same
■ 1. The authority citation for part 91 conditions: meaning as set forth in the regulations
continues to read as follows:
(1) Your primary business is not as an of the Federal Election Commission. For
Authority: 49 U.S.C. 106(g), 1155, 40103, air carrier or commercial operator; State or local elections, the terms
40113, 40120, 44101, 44111, 44701, 44709,
(2) You carry the candidate, agent, or candidate and election have the same
44711, 44712, 44715, 44716, 44717, 44722,
46306, 46315, 46316, 46504, 46506–46507, person traveling on behalf of a meaning as provided by the applicable
47122, 47508, 47528–47531, articles 12 and candidate, under the rules of part 91; State or local law and those terms relate
29 of the Convention on International Civil and to candidates for election to public
Aviation (61 stat. 1180). (3) By Federal, state or local law, you office in State and local government
are required to receive payment for elections.
■ 2. Revise § 91.321 to read as follows:
carrying the candidate, agent, or person
Issued in Washington, DC, on January 21,
§ 91.321 Carriage of candidates in traveling on behalf of a candidate. For
2005.
elections. federal elections, the payment may not
(a) As an aircraft operator, you may exceed the amount required by the Marion C. Blakey,
receive payment for carrying a Federal Election Commission. For a Administrator.
candidate, agent of a candidate, or state or local election, the payment may [FR Doc. 05–1661 Filed 1–28–05; 8:45 am]
person traveling on behalf of a not exceed the amount required under BILLING CODE 4910–13–P
candidate, running for Federal, State, or the applicable state or local law.

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