81 FR 32636 - Change of Newark Liberty International Airport (EWR) Designation; Notification of Availability of Final CATEX Declaration and Supporting Material
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 81, Issue 100 (May 24, 2016)
Federal Aviation Administration
Federal Register Volume 81, Issue 100 (May 24, 2016)
| Page Range | 32636-32636 | |
| FR Document | 2016-12252 |
[Federal Register Volume 81, Number 100 (Tuesday, May 24, 2016)] [Rules and Regulations] [Page 32636] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-12252] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 93 [Docket No. FAA-2008-0221] Change of Newark Liberty International Airport (EWR) Designation; Notification of Availability of Final CATEX Declaration and Supporting Material AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notification of availability. ----------------------------------------------------------------------- SUMMARY: This action announces the placement in the docket of the final documented categorical exclusion (the signed CATEX declaration and final Attachment A: Environmental Review of Proposed Change of Operating Authorization Requirement at Newark Liberty International Airport) for the redesignation of Newark Liberty International Airport (EWR) as a Level 2 schedule-facilitated airport. DATES: May 24, 2016. FOR FURTHER INFORMATION CONTACT: For technical questions concerning this action, contact Susan Pfingstler, System Operations Services, Air Traffic Organization, Federal Aviation Administration, 600 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-6462; email [email protected]. SUPPLEMENTARY INFORMATION: On April 6, 2016, the FAA published the ``Change of Newark Liberty International Airport (EWR) Designation'' document in order to redesignate Newark Liberty International Airport as a Level 2 schedule-facilitated airport under the International Air Transport Association Worldwide Slot Guidelines effective for the winter 2016 scheduling season, which begins on October 30, 2016.\1\ --------------------------------------------------------------------------- \1\ 81 FR 19861. --------------------------------------------------------------------------- On April 5, 2016, the FAA posted a copy of a draft of Env Rev Attach A in the docket associated with the April 6, 2016 document. The FAA has corrected this action by posting the final CATEX documents (the signed CATEX declaration and final Attachment A: Environmental Review of Proposed Change of Operating Authorization Requirement at Newark Liberty International Airport) to the docket. Issued in Washington, DC, on May 18, 2016. Lorelei Peter, Assistant Chief Counsel for Regulations. [FR Doc. 2016-12252 Filed 5-23-16; 8:45 am] BILLING CODE 4910-13-P
![32636 Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Rules and Regulations
affiliates,’’ under 13 CFR 121.104(a). no bearing on whether properly International Airport (EWR) as a Level
These transactions are commonly documented interaffiliate transactions 2 schedule-facilitated airport.
referred to as interaffiliate transactions. are excluded from annual receipts,’’ DATES: May 24, 2016.
The intent of this exclusion is to avoid SBA did not mean to imply that a FOR FURTHER INFORMATION CONTACT: For
counting the same receipts twice when concern and its affiliate must be able to technical questions concerning this
determining the size of a particular file a consolidated tax return in order to action, contact Susan Pfingstler, System
concern. This Statement of Policy receive the exclusion from double- Operations Services, Air Traffic
explains how SBA will apply the counting interaffiliate transactions. Organization, Federal Aviation
exclusion. Conversely, SBA was attempting to Administration, 600 Independence
Recent SBA size determinations and make clear that it did not support the Avenue SW., Washington, DC 20591;
decisions of the Office of Hearings and practice of double-counting receipts telephone (202) 267–6462; email
Appeals have limited the exclusion by between affiliates generally. susan.pfingstler@faa.gov.
applying it only to transactions between Because the regulatory text does not SUPPLEMENTARY INFORMATION: On April
affiliates that are eligible to file a contain a restriction, a regulatory
consolidated tax return. This 6, 2016, the FAA published the ‘‘Change
change is not necessary. SBA will of Newark Liberty International Airport
interpretation has been supported by consider comments submitted regarding
reference to a parenthetical that was (EWR) Designation’’ document in order
this policy. to redesignate Newark Liberty
included with section 121.104(a) from
1996 to 2004, providing that the Statement of Policy International Airport as a Level 2
exclusion would apply to interaffiliate schedule-facilitated airport under the
SBA will not restrict the exclusion for
amounts ‘‘(if also excluded from gross or International Air Transport Association
interaffiliate transactions to transactions
total income on a consolidated return Worldwide Slot Guidelines effective for
between a concern and a firm with
filed with the IRS). . . .’’ 13 CFR the winter 2016 scheduling season,
which it could file a consolidated tax
121.104(a)(1) (1996); 61 FR 3280 (Jan. which begins on October 30, 2016.1
return. The exclusion for interaffiliate On April 5, 2016, the FAA posted a
31, 1996). While this parenthetical was transactions may be applied to
in place, SBA excluded only those copy of a draft of Env Rev Attach A in
interaffiliate transactions between a the docket associated with the April 6,
interaffiliate transactions that were also concern and a firm with which it is
excluded from consolidated tax returns 2016 document. The FAA has corrected
affiliated under the principles in 13 CFR this action by posting the final CATEX
filed by a concern and its affiliate. This 121.103. Where SBA is conducting a
policy necessarily required that the documents (the signed CATEX
size determination, SBA requires that declaration and final Attachment A:
transaction occur between two firms exclusions claimed under section
that filed consolidated returns. Environmental Review of Proposed
121.104(a) be specifically identified by Change of Operating Authorization
SBA deleted the parenthetical in the concern whose size is at issue and
2004. In the preamble to the final rule Requirement at Newark Liberty
be properly documented. This policy is International Airport) to the docket.
issued May 21, 2004, SBA stated that it effective immediately.
was deleting the parenthetical because Issued in Washington, DC, on May 18,
‘‘[w]hether a consolidated return is filed Dated: May 18, 2016. 2016.
should have no bearing on whether Maria Contreras-Sweet, Lorelei Peter,
properly documented interaffiliate Administrator. Assistant Chief Counsel for Regulations.
transactions are excluded from annual [FR Doc. 2016–12260 Filed 5–23–16; 8:45 am] [FR Doc. 2016–12252 Filed 5–23–16; 8:45 am]
receipts.’’ 69 FR 29192, 29196 (May 21, BILLING CODE 8025–01–P BILLING CODE 4910–13–P
2004). Thus, since May 2004, the
regulation has provided for an exclusion
from receipts for ‘‘proceeds from DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION
transactions between a concern and its
domestic or foreign affiliates.’’ 13 CFR Federal Aviation Administration Federal Aviation Administration
121.104(a). The regulation does not
include a limitation on the types of 14 CFR Part 93 14 CFR Part 93
affiliates for which interaffiliate
[Docket No. FAA–2008–0221] [Docket No. FAA–2007–29320]
transactions can be excluded, and in no
way ties the exclusion to a concern’s Change of Newark Liberty International Operating Limitations at John F.
ability to file a consolidated tax return Airport (EWR) Designation; Kennedy International Airport
with the identified affiliate. Notification of Availability of Final
SBA believes that the current AGENCY: Federal Aviation
CATEX Declaration and Supporting
regulatory language is clear on its face. Administration (FAA), DOT.
Material
It specifically excludes all proceeds ACTION: Extension to Order.
from transactions between a concern AGENCY: Federal Aviation
and its affiliates, without limitation. Administration (FAA), DOT. SUMMARY: This action extends the Order
Moreover, the regulatory history Limiting Operations at John F. Kennedy
ACTION: Notification of availability.
supports the position that the exclusion International Airport (JFK) published on
for interaffiliate transactions is available SUMMARY: This action announces the January 18, 2008, and most recently
regardless of the manner of affiliation placement in the docket of the final extended March 26, 2014. The Order
mstockstill on DSK3G9T082PROD with RULES
between a concern and its affiliate. SBA documented categorical exclusion (the remains effective until October 27, 2018.
recognized that excluding interaffiliate signed CATEX declaration and final DATES: This action is effective on May
transactions only when they are Attachment A: Environmental Review of 24, 2016.
identified on a consolidated tax return Proposed Change of Operating ADDRESSES: Requests may be submitted
often perpetuated the double-counting Authorization Requirement at Newark by mail to Slot Administration Office,
of receipts. By saying that ‘‘[w]hether a Liberty International Airport) for the
consolidated return is filed should have redesignation of Newark Liberty 1 81 FR 19861.
VerDate Sep<11>2014 17:11 May 23, 2016 Jkt 238001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\24MYR1.SGM 24MYR1](https://thefederalregister.org/doc/81_FR_32736/page/1.svg)
Document Created: 2016-05-24 05:21:40
Document Modified: 2016-05-24 05:21:40
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Notification of availability. | |
| Dates | May 24, 2016. | |
| Contact | For technical questions concerning this action, contact Susan Pfingstler, System Operations Services, Air Traffic Organization, Federal Aviation Administration, 600 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-6462; email [email protected] | |
| FR Citation | 81 FR 32636 |
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