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DOT Significant Rulemaking Report
Documenting Delays & Missed Deadlines
Congress, which like the Pope is infallible, requires that the Executive Branch periodically issue reports about the status of each Department’s rulemakings. The wisdom of this legislation is demonstrated by the fact that this requirement results in additional staff whose job descriptions indicate that their job is to tally the work product of other civil servants.
One might postulate that the Significant Rulemaking scoreboard:
- assess the efficacy of their statutorily mandated deadlines
- determine how the agency is dealing with its workload
- allows the Members to track the progress of their favorite rules
- when the legislator determines that a deadline MUST be imposed on the FAA, he/she (actually the Member’s staff) can select where in the list of Significant Rulemakings this new regulatory project should be placed. If this legislatively mandated NPRM is a priority, what other urgent projects the Senator’s/Representative favorite change should supplant.
Below is the actual DoT review of FAA’s projects, but before you peruse the 4,295 words of bureaucratic gibberish, here are some salient points culled from the 24 précises:
• of the 4 for which the DoT identified specific statutory deadlines
○ none met the Congressional deadline
○ only one is closed and it exceeded its mandated publication date by a year (N.B. it was the Part 23 rewrite and the ARAC delivered an NPRM that was very close to publishable)
○ these five NPRMs have an average delay of 5.7 years
• of the 4 which the DoT listed as having a legal deadline (? not statutory)
○ all are not yet complete
○ one shows absolutely NO ACTION
○ their average delay is 7 years (the high end if 10 and the low is 3, but that one has no action listed)
• one is terminated with no explanation
• 23 of the projects list “N/A” as the “explanation for any delay”; one indicates that there are: “other, higher priorities”
• each project has a table tracing the review process; an NPRM must be reviewed by OST and OMB before the document is proposed in the Federal Register;23 of the projects list “N/A” as the “explanation for any delay”; one indicates that there are: “other, higher priorities”
○ for 6 of them, there are no actions recorded
○ for 7 of them, they cycled through OST&OMB 2 times
○ for 7 of them they cycled through OST&OMB 3 times
○ for 3 of them they cycled through OST&OMB 1 times
○ one was terminated
• 5 involved notices to prohibit US aircraft from entering airspace in which there were threats to flights from the ground
○ all, but one, were issued quickly
○ the one not issued shows NO ACTION
○ the remaining 3 were completed within 5 months on average
• the Report predicts that 11 of the NPRMs will be issued in 2018
• the Report predicts that 2 of the NPRMs will be issued in 2017
• ONLY ONE WAS ISSUED IN 2017—THE PART 23 REWRITE
→ Some additional observations:
1. This is a bit of a distorted report, because there are many other NPRMs which were also moving through the FAA/OST/OMB mill; many of these rules could be categorized as important for safety (somehow, they did not qualify as significant. Legitimately actions like ADs are important for safety but do not meet the “regulatorily significant” test). The FAA is doing more than this list would suggest.
2. It is, however, fair to draw a conclusion that the FAA’s NPRM moves at “all deliberate speed” (a legal term which connotes delay). Writing a complex rule does require time (is it enforceable? does it prescribe criteria which work?). The review process involves significant requirements which are collateral to safety (impact on small businesses? the Reg Flex test? now the Trump 2 for 1 predicate?) The multiple iterations up and down the FAA/DoT/OMB ladder may assure that all of these requirements are met and that the political imprimatur is impressed on the NPRM, but it is equally self-evident that the additional assessments add to the delay. Unnecessarily?
3. The 24 assignments are largely important matters to be addressed quickly. PLEASE CONGRESS WHEN YOU ESTABLISH A NEW DEADLINE, IDENTIFY WHERE AMONG THESE PRIORITIES YOU BELIEVE THIS NEW PROJECT SHOULD BE PLACED. It would be interesting to see how this requirement would impact deadline setting.
→ “Gee, Congress your policy guidance supplanted Priority #X” would be a fascinating opening line with a constituent who felt that Priority #X was critical.
4. What does the DOT Significant Rulemakings Report contribute to aviation safety except positions which detract from the complement of people assigned to producing these important rules?
Here are the 24 reports:
Report on DOT Significant Rulemakings
Overview
The Significant Rulemakings Report provides a summary and the status for all significant rulemakings that DOT currently has pending or has issued recently. We update the Report at the beginning of each month. The information in the Report is not intended to commit DOT to specific conclusions or actions. For example, after further analysis, DOT may decide the effects of the rule would be different or it may decide to terminate the rulemaking.
Purpose of the Report
The DOT is providing this report to inform the public regarding its regulatory activities.
August 2017 Significant Rulemaking Report
Report on DOT Significant Rulemakings
Federal Aviation Administration
- Airport Safety Management System
- Prohibition Against Certain Flights Within the Territory and Airspace of Afghanistan
- Requirement for Wildlife Assessments at Certificated Airports
- Regulation Of Flight Operations Conducted By Alaska Guide Pilots
- Pilot Professional Development
- System Safety Assessment
- Applying the Flight, Duty, and Rest requirements to Ferry Flights that Follow Domestic, Flag, or Supplemental All-Cargo Operations (Reauthorization)
- Transport Airplane Fuel Tank and System Lightning Protection (RRR)
- Applying the Flight, Duty, and Rest Rules of 14 CFR part 135 to Tail-End Ferry Operations (FAA Reauthorization
- Pilot Records Database (HR 5900)
- Pilot Biometric Certificates (FAA Reauthorization)
- Aircraft Registration and Airmen Certification Fees
- Permanent Requirement for Helicopters to use the New York North Shore Helicopter Route
- Helicopter Air Ambulance Pilot Training and Operational Requirements (HAA II) (FAA Reauthorization)
- Revision of Airworthiness Standards for Normal, Utility, Acrobatic, and Commuter Category Airplanes (RRR)
- Requirements to File Notice of Construction of Meteorological Evaluation Towers and Other Renewable Energy Projects
- Orbital Debris Mitigation Methods for Launch Vehicle Upper Stages (Orbital Debris)
- Registration and Marking Requirements for Small Unmanned Aircraft
- Operations of Small Unmanned Aircraft Over People
- Extension of the prohibition against Certain Flights in the Damascus (OSTT) Flight Information Region (FIR)
- Extension of the Prohibition against Certain Flights in the Tripoli (HLLL) Flight Information Region
- Unmanned Aircraft Systems Expanded Operations
- Extension of the Prohibition against Certain Flights in the Baghdad (ORBB) Flight Information Region (FIR)
- Prohibition against Certain Flights in the Damascus (OSTT) Flight Information Region (FIR)
| Federal Aviation Administration |
|
| Federal Aviation Administration |
| 1. |
| Airport Safety Management System |
Red |
|
| Popular Title: Airport SMS |
| RIN 2120-AJ38 |
| Stage: Final Rule |
| Previous Stage: NPRM: Publication Date 10/07/2010;End of Comment Period 01/05/2011;Extension of Comment Period 12/10/2010; End of Extended of Comment Period 03/07/2011; Extension of Comment Period 03/07/2011; End of Extended of Comment Period 07/05/2011. SNPRM Publication: 07/14/2016; End of SNPRM Comment Period 09/12/2016. |
| Abstract: This rulemaking would require certain airport certificate holders to develop, implement, maintain, and adhere to a safety management system (SMS) for its aviation related activities. An SMS is a formalized approach to managing safety by developing an organization-wide safety policy, developing formal methods of identifying hazards, analyzing and mitigating risk, developing methods for ensuring continuous safety improvement, and creating organization-wide safety promotion strategies. |
Effects:
|
Regulatory Flexibility Act
Information Collection
Peer Review
Foreign |
|
| Prompting action: Secretarial/Head of Operating Administration Decision |
| Legal Deadline: |
Final rule : 11/05/2012 |
|
| Rulemaking Project Initiated: 07/22/2008 |
| Docket Number: FAA-2010-0997 |
Dates for Final Rule:
| Milestone |
Originally
Scheduled
Date |
New
Projected
Date |
Actual
Date |
| To OST |
12/08/2017 |
|
|
| To OMB |
01/09/2018 |
|
|
| OMB Clearance |
04/09/2018 |
|
|
| Publication Date |
04/23/2018 |
|
|
|
| Explanation for any delay: |
N/A |
|
| Federal Register Citation for Final Rule: None |
| |
| Federal Aviation Administration |
| 2. |
| Prohibition Against Certain Flights Within the Territory and Airspace of Afghanistan |
Red |
|
| Popular Title: Afghanistan SFAR |
| RIN 2120-AJ69 |
| Stage: Undetermined |
| Previous Stage: NPRM: Publication Date 05/26/2010;End of Comment Period 06/10/2010. |
| Abstract: This rulemaking would prohibit flight operations below flight level (FL) 160 within the territory and airspace of Afghanistan by all U.S. air carriers; U.S. commercial operators; persons exercising the privileges of a U.S. airman certificate, except if the flight is on behalf of a foreign air carrier; and operators of U.S.-registered aircraft, except when such operators are foreign air carriers. The FAA finds this action necessary to prevent a potential hazard to persons and aircraft engaged in such flight operations. |
| Effects:
|
| Prompting action: Secretarial/Head of Operating Administration Decision |
| Legal Deadline: |
NPRM : 06/10/2011 |
|
| Rulemaking Project Initiated: 01/08/2010 |
| Docket Number: FAA-2010-0289 |
Dates for Undetermined:
| Milestone |
Originally
Scheduled
Date |
New
Projected
Date |
Actual
Date |
| To OST |
|
|
|
| To OMB |
|
|
|
| OMB Clearance |
|
|
|
| Publication Date |
|
|
|
| End of Comment Period |
|
|
|
|
| Explanation for any delay: |
N/A |
|
| Federal Register Citation for Undetermined: None |
| Federal Aviation Administration |
| 3. |
| Requirement for Wildlife Assessments at Certificated Airports |
Red |
|
| Popular Title: Wildlife Hazard Assessment (WHA) |
| RIN 2120-AJ71 |
| Stage: Other |
| Previous Stage:None |
| Abstract: FAA is terminating this rulemaking that would have required certificated airports to complete a wildlife hazard assessment (WHA) and a wildlife hazard management plan (WHMP) to identify and mitigate wildlife hazards. The FAA has determined that the proposed requirements in the rulemaking titled “Airport Safety Management System” (SMS) should accomplish the same goal. An SMS is a formalized approach to managing safety by developing an organization-wide safety policy, developing formal methods of identifying hazards, analyzing and mitigating risk, developing methods for ensuring continuous safety improvement, and creating organization-wide safety promotion strategies. Therefore, under an SMS, a certificated airport would have a tool to determine if a wildlife hazard exists and, if so, what actions are needed to mitigate such hazard. |
| Effects:
|
| Prompting action: Secretarial/Head of Operating Administration Decision |
|
|
| Rulemaking Project Initiated: 03/02/2010 |
| Docket Number: |
Dates for Other:
| Milestone |
Originally
Scheduled
Date |
New
Projected
Date |
Actual
Date |
| Termination |
|
|
04/05/2017 |
|
| Explanation for any delay: |
N/A |
|
| Federal Register Citation for Other: None |
| Federal Aviation Administration |
| 4. |
| Regulation Of Flight Operations Conducted By Alaska Guide Pilots |
Red |
|
| Popular Title: Alaska Guide Pilots |
| RIN 2120-AJ78 |
| Stage: Undetermined |
| Previous Stage:None |
| Abstract: The rulemaking would establish regulations concerning Alaska guide pilot operations. The rulemaking would implement Congressional legislation and establish additional safety requirements for the conduct of these operations. The intended effect of this rulemaking is to enhance the level of safety for persons and property transported in Alaska guide pilot operations. In addition, the rulemaking would add a general provision applicable to pilots operating under the general operating and flight rules concerning falsification, reproduction, and alteration of applications, logbooks, reports, or records. |
Effects:
|
Regulatory Flexibility Act
Information Collection |
|
| Prompting action: Statute |
|
|
| Rulemaking Project Initiated: 05/04/2010 |
| Docket Number: |
Dates for Undetermined:
| Milestone |
Originally
Scheduled
Date |
New
Projected
Date |
Actual
Date |
| To OST |
|
|
|
| To OMB |
|
|
|
| OMB Clearance |
|
|
|
| Publication Date |
|
|
|
| End of Comment Period |
|
|
|
|
| Explanation for any delay: |
Other, higher priorities |
|
| Federal Register Citation for Undetermined: None |
| Federal Aviation Administration |
| 5. |
| Pilot Professional Development |
Red |
|
| Popular Title: Pilot Professional Development |
| RIN 2120-AJ87 |
| Stage: Final Rule |
| Previous Stage: None NPRM: Publication Approved 09/21/2016;Publication Date 10/07/2016;End of Comment Period 01/05/2017. |
| Abstract: This rulemaking would amend the regulations for air carrier training programs under part 121. The action is necessary to ensure that air carriers establish or modify training programs to address mentoring, leadership and professional development of flight crewmembers in part 121 operations. This rulemaking is required by the Airline Safety and Federal Aviation Administration Act of 2010. |
| Effects:
|
| Prompting action: Statute |
| Legal Deadline: |
NPRM : 04/20/2015 |
|
| Rulemaking Project Initiated: 08/01/2010 |
| Docket Number: |
Dates for Final Rule:
| Milestone |
Originally
Scheduled
Date |
New
Projected
Date |
Actual
Date |
| To OST |
01/12/2018 |
11/30/2017 |
|
| To OMB |
02/27/2018 |
01/17/2018 |
|
| OMB Clearance |
05/25/2018 |
04/17/2018 |
|
| Publication Date |
06/12/2018 |
05/03/2018 |
|
|
| Explanation for any delay: |
N/A |
|
| Federal Register Citation for Final Rule: None |
| Federal Aviation Administration |
| 6. |
| System Safety Assessment |
Black |
|
| Popular Title: System Safety Assessment |
| RIN 2120-AJ99 |
| Stage: NPRM |
| Previous Stage:None |
| Abstract: This rulemaking would standardize regulations and guidance for conducting airplane-level safety assessments of various critical systems installed on transport category airplanes. Current differences happened over time as system safety rules and policies were developed independently. This rulemaking would adopt Aviation Rulemaking Advisory Committee recommendations and harmonize with the European Aviation Safety Agency CS-25. |
| Effects:
|
| Prompting action: None |
|
|
| Rulemaking Project Initiated: 03/03/2011 |
| Docket Number: |
Dates for NPRM:
| Milestone |
Originally
Scheduled
Date |
New
Projected
Date |
Actual
Date |
| To OST |
|
12/05/2017 |
|
| To OMB |
|
02/02/2018 |
|
| OMB Clearance |
|
05/04/2018 |
|
| Publication Date |
08/06/2012 |
05/23/2018 |
|
| End of Comment Period |
10/04/2012 |
07/27/2018 |
|
|
| Explanation for any delay: |
Additional coordination necessary |
|
| Federal Register Citation for NPRM: None |
| Federal Aviation Administration |
| 7. |
| Applying the Flight, Duty, and Rest requirements to Ferry Flights that Follow Domestic, Flag, or Supplemental All-Cargo Operations (Reauthorization) |
Green |
|
| Popular Title: Prohibition of Tail End Ferry in Part 121 |
| RIN 2120-AK22 |
| Stage: NPRM |
| Previous Stage: NPRM: |
| Abstract: This rulemaking would require a flightcrew member who accepts an additional assignment for flying under part 91 from the air carrier or from any other air carrier conducting operations under part 121 or 135 of such title, to apply the period of the additional assignment toward any limitation applicable to the flightcrew member relating to duty periods or flight times. This rule is necessary as it will make part 121 flight, duty, and rest limits applicable to tail-end ferries that follow an all-cargo flight. |
Effects:
|
Regulatory Flexibility Act
Information Collection |
|
| Prompting action: Statute |
| Legal Deadline: |
Initiation date : 08/14/2012 |
|
| Rulemaking Project Initiated: 02/14/2012 |
| Docket Number: |
Dates for NPRM:
| Milestone |
Originally
Scheduled
Date |
New
Projected
Date |
Actual
Date |
| To OST |
07/30/2013 |
08/22/2013 |
09/05/2013 |
| Returned to Mode |
|
|
04/23/2014 |
| Resubmitted to OST |
|
|
11/07/2014 |
| Returned to Mode/2 |
|
08/13/2015 |
08/13/2015 |
| Resubmitted to OST/2 |
|
01/26/2016 |
11/17/2015 |
| Returned to Mode/3 |
|
07/14/2016 |
07/14/2016 |
| Resubmitted to OST/3 |
|
11/30/2016 |
08/30/2016 |
| To OMB |
08/30/2013 |
10/16/2017 |
|
| OMB Clearance |
11/29/2013 |
01/24/2018 |
|
| Publication Date |
12/19/2013 |
02/05/2018 |
|
| End of Comment Period |
02/18/2014 |
05/07/2018 |
|
|
| Explanation for any delay: |
N/A |
|
| Federal Register Citation for NPRM: None |
| Federal Aviation Administration |
| 8. |
| Transport Airplane Fuel Tank and System Lightning Protection (RRR) |
Black |
|
| Popular Title: Fuel Tank & System Lightning (RRR) |
| RIN 2120-AK24 |
| Stage: Final Rule |
| Previous Stage: NPRM Publication 12/18/2015; Close of comment period 03/18/2015. NPRM: Publication Approved 12/09/2014;Publication Date 12/18/2014;End of Comment Period 03/18/2015. |
| Abstract: This rulemaking would amend certain airworthiness regulations for transport category airplanes regarding lightning protection of fuel tanks and systems by establishing design requirements for both normal conditions and possible failures of fuel tank structure and systems that could lead to fuel tank explosions, adding new maintenance requirements related to lightning protection features, and imposing specific requirements for airworthiness limitations in the instructions for continued airworthiness. It would also create performance-based standards for prevention of catastrophic fuel vapor ignition caused by lightning by regulating the risk due to both ignition sources and fuel tank flammability. This change would allow designers to take advantage of flammability reduction technologies whose effectiveness was not foreseen when earlier revisions to these rules were written. This change would also relieve some of the administrative burdens created by the current regulations. |
| Effects:
|
| Prompting action: None |
| Legal Deadline: |
Final : 07/18/2016 |
|
| Rulemaking Project Initiated: 11/02/2011 |
| Docket Number: FAA-2014-1027 |
Dates for Final Rule:
| Milestone |
Originally
Scheduled
Date |
New
Projected
Date |
Actual
Date |
| To OST |
03/13/2017 |
09/14/2017 |
08/07/2017 |
| To OMB |
03/13/2017 |
09/14/2017 |
09/18/2017 |
| OMB Clearance |
03/13/2017 |
09/14/2017 |
12/18/2017 |
| Publication Date |
03/20/2017 |
09/25/2017 |
12/29/2017 |
|
| Explanation for any delay: |
N/A |
|
| Federal Register Citation for Final Rule: None |
| Federal Aviation Administration |
| 9. |
| Applying the Flight, Duty, and Rest Rules of 14 CFR part 135 to Tail-End Ferry Operations (FAA Reauthorization |
Black |
|
| Popular Title: 135 Tail-End Ferry |
| RIN 2120-AK26 |
| Stage: ANPRM |
| Previous Stage:None |
| Abstract: This rulemaking would require a flightcrew member who is employed by an air carrier conducting operations under part 135, and who accepts an additional assignment for flying under part 91 from the air carrier or from any other air carrier conducting operations under part 121 or 135, to apply the period of the additional assignment toward any limitation applicable to the flightcrew member relating to duty periods or flight times under part 135. |
Effects:
|
Regulatory Flexibility Act
Information Collection |
|
| Prompting action: Statute |
|
|
| Rulemaking Project Initiated: 01/15/2013 |
| Docket Number: |
Dates for ANPRM:
| Milestone |
Originally
Scheduled
Date |
New
Projected
Date |
Actual
Date |
| To OST |
10/14/2014 |
01/09/2015 |
01/09/2015 |
| Returned to Mode |
|
08/13/2015 |
08/13/2015 |
| Resubmitted to OST/2 |
|
10/31/2017 |
|
| To OMB |
11/14/2014 |
12/21/2017 |
|
| OMB Clearance |
02/12/2015 |
03/21/2018 |
|
| Publication Date |
02/27/2015 |
04/04/2018 |
|
| End of Comment Period |
05/28/2015 |
08/03/2018 |
|
|
| Explanation for any delay: |
N/A |
|
| Federal Register Citation for ANPRM: None |
| Federal Aviation Administration |
| 10. |
| Pilot Records Database (HR 5900) |
Black |
|
| Popular Title: Pilot Records Database |
| RIN 2120-AK31 |
| Stage: NPRM |
| Previous Stage:None |
| Abstract: This rulemaking would implement a Pilot Records Database as required by Public Law 111-216 (Aug. 1, 2010). Section 203 amends the Pilot Records Improvement Act by requiring the FAA to create a pilot records database that contains various types of pilot records. These records would be provided by the FAA, air carriers, and other persons who employ pilots. The FAA must maintain these records until it receives notice that a pilot is deceased. Air carriers would use this database to perform a record check on a pilot prior to making a hiring decision. |
Effects:
|
Regulatory Flexibility Act
Information Collection
Privacy |
|
| Prompting action: Statute |
|
|
| Rulemaking Project Initiated: 08/01/2010 |
| Docket Number: |
Dates for NPRM:
| Milestone |
Originally
Scheduled
Date |
New
Projected
Date |
Actual
Date |
| To OST |
09/12/2014 |
12/15/2016 |
12/16/2016 |
| To OMB |
10/15/2014 |
09/14/2017 |
|
| OMB Clearance |
01/13/2015 |
12/14/2017 |
|
| Publication Date |
01/30/2015 |
12/26/2017 |
|
| End of Comment Period |
04/30/2015 |
03/26/2018 |
|
|
| Explanation for any delay: |
N/A |
|
| Federal Register Citation for NPRM: None |
| Federal Aviation Administration |
| 11. |
| Pilot Biometric Certificates (FAA Reauthorization) |
Green |
|
| Popular Title: Pilot Biometric Certificates |
| RIN 2120-AK33 |
| Stage: Undetermined |
| Previous Stage:None |
| Abstract: This rulemaking would require the issuance of pilot certificates that are resistant to tampering, alteration, and counterfeiting. The certificates would include a photograph of the individual to whom the certificate is issued and will be a smart card that is able to accommodate biometric identifiers. Certificates would also be compliant with Federal Information Processing Standards Publication 201 (FIPS-201) or Personal Identity Verification-Interoperability (PIV-I) standards for processing through security checkpoints into airport sterile areas. Under section 321 of the FAA Modernization and Reform Act of 2012 (Pub. Law 112-95), the FAA is required to begin issuing new certificates no later than November 10, 2012. |
Effects:
|
Information Collection
Privacy |
|
| Prompting action: Statute |
|
|
| Rulemaking Project Initiated: 02/14/2012 |
| Docket Number: |
Dates for Undetermined:
| Milestone |
Originally
Scheduled
Date |
New
Projected
Date |
Actual
Date |
| To OST |
|
|
|
| To OMB |
|
|
|
| OMB Clearance |
|
|
|
| Publication Date |
|
|
|
| End of Comment Period |
|
|
|
|
| Explanation for any delay: |
N/A |
|
| Federal Register Citation for Undetermined: None |
| Federal Aviation Administration |
| 12. |
| Aircraft Registration and Airmen Certification Fees |
Black |
|
| Popular Title: Registry Fees |
| RIN 2120-AK37 |
| Stage: NPRM |
| Previous Stage:None |
| Abstract: This rulemaking would establish fees for airman certificates, medical certificates, and provision of legal opinions pertaining to aircraft registration or recordation. This rulemaking also would revise existing fees for aircraft registration, recording of security interests in aircraft or aircraft parts, and replacement of an airman certificate. This rulemaking addresses provisions of the FAA Modernization and Reform Act of 2012. This rulemaking is intended to recover the estimated costs of the various services and activities for which fees would be established or revised. |
Effects:
|
Regulatory Flexibility Act
Information Collection |
|
| Prompting action: Statute |
|
|
| Rulemaking Project Initiated: 02/14/2012 |
| Docket Number: |
Dates for NPRM:
| Milestone |
Originally
Scheduled
Date |
New
Projected
Date |
Actual
Date |
| To OST |
10/20/2014 |
07/05/2016 |
07/07/2016 |
| To OMB |
11/20/2014 |
09/21/2017 |
|
| OMB Clearance |
02/18/2015 |
12/26/2017 |
|
| Publication Date |
03/05/2015 |
01/08/2018 |
|
| End of Comment Period |
06/03/2015 |
04/06/2018 |
|
|
| Explanation for any delay: |
N/A |
|
| Federal Register Citation for NPRM: None |
| Federal Aviation Administration |
| 13. |
| Permanent Requirement for Helicopters to use the New York North Shore Helicopter Route |
Black |
|
| Popular Title: New York North Shore Helicopter Route |
| RIN 2120-AK39 |
| Stage: Undetermined |
| Previous Stage:None |
| Abstract: This rulemaking would delete the expiration date and make permanent the requirement to use the New York North Shore Helicopter Route. The current rule requiring use of the route expires on August 6, 2014. This rule will protect and enhance public welfare by making the current rule permanent, thereby continuing to reduce helicopter overflights and attendant noise disturbance over nearby communities. |
| Effects:
|
| Prompting action: None |
|
|
| Rulemaking Project Initiated: 09/24/2013 |
| Docket Number: |
Dates for Undetermined:
| Milestone |
Originally
Scheduled
Date |
New
Projected
Date |
Actual
Date |
| To OST |
|
|
|
| To OMB |
|
|
|
| OMB Clearance |
|
|
|
| Publication Date |
|
|
|
| End of Comment Period |
|
|
|
|
| Explanation for any delay: |
N/A |
|
| Federal Register Citation for Undetermined: None |
| Federal Aviation Administration |
| 14. |
| Helicopter Air Ambulance Pilot Training and Operational Requirements (HAA II) (FAA Reauthorization) |
Black |
|
| Popular Title: Helicopter Air Ambulance II |
| RIN 2120-AK57 |
| Stage: Undetermined |
| Previous Stage: None |
| Abstract: This rulemaking would develop training requirements for crew resource management, flight risk evaluation, and operational control of the pilot in command, as well as to develop standards for the use of flight simulation training devices and line-oriented flight training. Additionally, establish requirements for the use of safety equipment for flight crewmembers and flight nurses. These changes will aide in the increase in aviation safety and increase survivability in the event of an accident. Without these changes, the Helicopter Air Ambulance industry may continue to see the unacceptable high rate of aircraft accidents. |
Effects:
|
Regulatory Flexibility Act
Information Collection |
|
| Prompting action: Statute |
| Legal Deadline: |
NPRM : 08/18/2014 |
|
| Rulemaking Project Initiated: 01/15/2014 |
| Docket Number: |
Dates for Undetermined:
| Milestone |
Originally
Scheduled
Date |
New
Projected
Date |
Actual
Date |
| To OST |
|
|
|
| To OMB |
|
|
|
| OMB Clearance |
|
|
|
| Publication Date |
|
|
|
| End of Comment Period |
|
|
|
|
| Explanation for any delay: |
N/A |
|
| Federal Register Citation for Undetermined: None |
| Federal Aviation Administration |
| 15. |
| Revision of Airworthiness Standards for Normal, Utility, Acrobatic, and Commuter Category Airplanes (RRR) |
Black |
|
| Popular Title: Part 23 Reorganization (RRR) |
| RIN 2120-AK65 |
| Stage: Final Rule |
| Previous Stage: None NPRM: Publication Approved 03/07/2016;Publication Date 03/14/2016;End of Comment Period 05/13/2016. Final rule Publication: 12/30/2016, Effective 08/30/2017. |
| Abstract: This rulemaking would revise Title 14, Code of Federal Regulations (14 CFR) part 23 as a set of performance based regulations for the design and certification of small transport category aircraft. This rulemaking would: (1) Reorganize part 23 into performance-based requirements by removing the detailed design requirements from part 23. The detailed design provisions that would assist applicants in complying with the new performance-based requirements would be identified in means of compliance (MOC) documents to support this effort; (2) Promote the adoption of the newly created performance-based airworthiness design standard as an internationally accepted standard by the majority of other civil aviation authorities; (3) Re-align the part 23 requirements to promote the development of entry-level airplanes similar to those certified under Certification Specification for Very Light Aircraft (CS-VLA); (4) enhance the FAA’s ability to address new technology; (5) Increase the general aviation (GA) level of safety provided by new and modified airplanes; (6) Amend the stall, stall warning, and spin requirements to reduce fatal accidents and increase crashworthiness by allowing new methods for occupant protection; and (7) Address icing conditions that are currently not included in part 23 regulations. |
Effects:
|
Regulatory Flexibility Act
Information Collection
Foreign |
|
| Prompting action: 2011 Retrospective Regulatory Review |
| Legal Deadline: |
NPRM (Pub. L. 113-53) : 12/15/2015 |
|
| Rulemaking Project Initiated: 11/27/2013 |
| Docket Number: |
Dates for Final Rule:
| Milestone |
Originally
Scheduled
Date |
New
Projected
Date |
Actual
Date |
| To OST |
08/30/2016 |
|
09/16/2016 |
| To OMB |
09/13/2016 |
09/30/2016 |
10/11/2016 |
| OMB Clearance |
12/12/2016 |
12/12/2016 |
12/09/2016 |
| Publication Date |
12/19/2016 |
12/19/2016 |
12/30/2016 |
|
| Explanation for any delay: |
N/A |
|
| Federal Register Citation for Final Rule: None |
| Federal Aviation Administration |
| 16. |
| Requirements to File Notice of Construction of Meteorological Evaluation Towers and Other Renewable Energy Projects |
Black |
|
| Popular Title: Part 77 Notice Requirements |
| RIN 2120-AK77 |
| Stage: NPRM |
| Previous Stage:None |
| Abstract: This rulemaking would add specific requirements for proponents who wish to construct meteorological evaluation towers and other renewable energy projects at any height, technologies, to file notice with the FAA of proposal prior to construction. |
Effects:
|
Major
Federalism
EIS
Privacy |
|
| Prompting action: None |
|
|
| Rulemaking Project Initiated: 09/29/2014 |
| Docket Number: |
Dates for NPRM:
| Milestone |
Originally
Scheduled
Date |
New
Projected
Date |
Actual
Date |
| To OST |
10/12/2016 |
03/20/2018 |
|
| To OMB |
11/17/2016 |
05/08/2018 |
|
| OMB Clearance |
02/17/2017 |
08/09/2018 |
|
| Publication Date |
03/02/2017 |
08/21/2018 |
|
| End of Comment Period |
06/02/2017 |
10/19/2018 |
|
|
| Explanation for any delay: |
N/A |
|
| Federal Register Citation for NPRM: None |
| Federal Aviation Administration |
| 17. |
| Orbital Debris Mitigation Methods for Launch Vehicle Upper Stages (Orbital Debris) |
Black |
|
| Popular Title: Orbital Debris |
| RIN 2120-AK81 |
| Stage: NPRM |
| Previous Stage: : . |
| Abstract: This rulemaking would update current orbital debris mitigation regulations to more-closely align with the U.S. Government Orbital Debris Mitigation Standard Practices, and would update current launch collision avoidance regulations to match U.S. Strategic Command (USSTRATCOM) practice. |
| Effects:
|
| Prompting action: None |
|
|
| Rulemaking Project Initiated: 03/12/2013 |
| Docket Number: |
Dates for NPRM:
| Milestone |
Originally
Scheduled
Date |
New
Projected
Date |
Actual
Date |
| To OST |
|
05/15/2017 |
06/30/2017 |
| To OMB |
|
11/14/2017 |
|
| OMB Clearance |
|
02/14/2018 |
|
| Publication Date |
08/11/2016 |
02/28/2018 |
|
| End of Comment Period |
10/17/2016 |
04/30/2018 |
|
|
| Explanation for any delay: |
N/A |
|
| Federal Register Citation for NPRM: None |
| Federal Aviation Administration |
| 18. |
| Registration and Marking Requirements for Small Unmanned Aircraft |
Black |
|
| Popular Title: Small UAS Registration |
| RIN 2120-AK82 |
| Stage: Final Rule |
| Previous Stage: IFR Publication: 12/16/2015; IFR End of Comment Period 01/15/2016 IFR Effective Date: 01/15/2016. |
| Abstract: This rulemaking would provide an alternative, streamlined and simple, web-based aircraft registration process for the registration of small unmanned aircraft, including small unmanned aircraft operated as model aircraft, to facilitate compliance with the statutory requirement that all aircraft register prior to operation. It would also provide a simpler method for marking small unmanned aircraft that is more appropriate for these aircraft. This action responds to public comments received regarding the proposed registration process in the Operation and Certification of Small Unmanned Aircraft notice of proposed rulemaking, the request for information regarding unmanned aircraft system registration, and the recommendations from the Unmanned Aircraft System Registration Task Force. |
Effects:
|
Regulatory Flexibility Act
Information Collection
Privacy
EU
NAFTA
Foreign |
|
| Prompting action: Secretarial/Head of Operating Administration Decision |
|
|
| Rulemaking Project Initiated: 11/24/2015 |
| Docket Number: |
Dates for Final Rule:
| Milestone |
Originally
Scheduled
Date |
New
Projected
Date |
Actual
Date |
| To OST |
12/22/2017 |
09/29/2017 |
|
| To OMB |
02/05/2018 |
11/13/2017 |
|
| OMB Clearance |
05/07/2018 |
02/12/2018 |
|
| Publication Date |
05/21/2018 |
02/26/2018 |
|
|
| Explanation for any delay: |
N/A |
|
| Federal Register Citation for Final Rule: None |
| Federal Aviation Administration |
| 19. |
| Operations of Small Unmanned Aircraft Over People |
Black |
|
| Popular Title: Ops of Small Unmanned Aircraft over People |
| RIN 2120-AK85 |
| Stage: NPRM |
| Previous Stage: NPRM: Publication Approved ;Publication Date ;End of Comment Period . |
| Abstract: This rulemaking would address the performance-based standards and means-of-compliance for operation of small unmanned aircraft systems (UAS) over people not directly participating in the operation or not under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft. This rule would provide relief from certain operational restrictions implemented in the Operation and Certification of Small Unmanned Aircraft Systems final rule (RIN 2120-AJ60). |
Effects:
|
Regulatory Flexibility Act |
|
| Prompting action: None |
|
|
| Rulemaking Project Initiated: 03/30/2016 |
| Docket Number: |
Dates for NPRM:
| Milestone |
Originally
Scheduled
Date |
New
Projected
Date |
Actual
Date |
| To OST |
09/22/2016 |
|
10/07/2016 |
| To OMB |
10/21/2016 |
|
11/10/2016 |
| OMB Clearance |
12/20/2016 |
02/14/2018 |
|
| Publication Date |
12/30/2016 |
02/28/2018 |
|
| End of Comment Period |
03/30/2017 |
05/28/2018 |
|
|
| Explanation for any delay: |
N/A |
|
| Federal Register Citation for NPRM: None |
| Federal Aviation Administration |
| 20. |
| Extension of the prohibition against Certain Flights in the Damascus (OSTT) Flight Information Region (FIR) |
Black |
|
| Popular Title: OSTT FIR 2016 extension |
| RIN 2120-AK93 |
| Stage: Final Rule |
| Previous Stage: Final rule: Publication 12/27/2016; Effective 12/30/2016. |
| Abstract: This action would extend the prohibition of certain flight operations in the Damascus (OSTT) Flight Information Region (FIR) by all U.S. air carriers, U.S. commercial operators, persons exercising the privileges of a U.S. airman certificate, except when such persons are operating a U.S.-registered aircraft for a foreign air carrier, and operators of U.S.-registered civil aircraft, except when such operators are foreign air carriers. The FAA finds that this action continues to be necessary to address a hazard to persons and aircraft engaged in such flight operations. |
| Effects:
|
| Prompting action: None |
|
|
| Rulemaking Project Initiated: 07/19/2016 |
| Docket Number: |
Dates for Final Rule:
| Milestone |
Originally
Scheduled
Date |
New
Projected
Date |
Actual
Date |
| To OST |
|
09/07/2016 |
09/07/2016 |
| To OMB |
|
11/18/2016 |
11/28/2016 |
| OMB Clearance |
|
12/15/2016 |
12/19/2016 |
| Publication Date |
10/17/2016 |
12/30/2016 |
12/27/2016 |
|
| Explanation for any delay: |
N/A |
|
| Federal Register Citation for Final Rule: None |
| Federal Aviation Administration |
| 21. |
| Extension of the Prohibition against Certain Flights in the Tripoli (HLLL) Flight Information Region |
Black |
|
| Popular Title: SFAR 112 Libya |
| RIN 2120-AK99 |
| Stage: Final Rule |
| Previous Stage: None |
| Abstract: This action extends the prohibition of flight operations within the Tripoli (HLLL) Flight Information Region (FIR) by all U.S. air carriers, U.S. commercial operators, persons exercising the privileges of an airman certificate issued by the FAA, except when such persons are operating a U.S.-registered aircraft for a foreign air carrier, and operators of U.S.-registered civil aircraft, except operators of such aircraft that are foreign air carriers . The extension of the expiration date is necessary due to continued hazards to persons and aircraft engaged in such flight operations. This Special Federal Aviation Regulation (SFAR) will now remain in effect until March 20, 2019. |
| Effects:
|
| Prompting action: None |
|
|
| Rulemaking Project Initiated: 10/20/2016 |
| Docket Number: |
Dates for Final Rule:
| Milestone |
Originally
Scheduled
Date |
New
Projected
Date |
Actual
Date |
| To OST |
12/21/2016 |
|
12/01/2016 |
| To OMB |
01/19/2017 |
|
01/10/2017 |
| OMB Clearance |
03/06/2017 |
|
02/17/2017 |
| Publication Date |
03/17/2017 |
05/31/2017 |
03/21/2017 |
|
| Explanation for any delay: |
N/A |
|
| Federal Register Citation for Final Rule: None |
| Federal Aviation Administration |
| 22. |
| Unmanned Aircraft Systems Expanded Operations |
Black |
|
| Popular Title: UAS XOps |
| RIN 2120-AL01 |
| Stage: Undetermined |
| Previous Stage: : . NPRM: Publication Approved ;Publication Date ;End of Comment Period . |
| Abstract: This rulemaking would enable expanded operations of small unmanned aircraft systems (sUAS) in the national airspace system (NAS). As a result, it would increase the utility of sUAS for operations under 14 CFR part 107, and would advance technology by encouraging innovation in this rapidly developing segment of the aviation industry. |
| Effects:
|
| Prompting action: None |
|
|
| Rulemaking Project Initiated: 12/06/2016 |
| Docket Number: |
Dates for Undetermined:
| Milestone |
Originally
Scheduled
Date |
New
Projected
Date |
Actual
Date |
| To OST |
|
|
|
| To OMB |
|
|
|
| OMB Clearance |
|
|
|
| Publication Date |
|
|
|
|
| Explanation for any delay: |
N/A |
|
| Federal Register Citation for Undetermined: None |
| Federal Aviation Administration |
| 23. |
| Extension of the Prohibition against Certain Flights in the Baghdad (ORBB) Flight Information Region (FIR) |
Black |
|
| Popular Title: ORBB FIR |
| RIN 2120-AL06 |
| Stage: Final Rule |
| Previous Stage: : . Final Rule: Publication Approved ;Publication Date . |
| Abstract: This action extends the prohibition of flight operations in the Baghdad (ORBB) Flight Information Region (FIR) by all United States (U.S.) air carriers, U.S. commercial operators, persons exercising the privileges of a U.S. airman certificate, except when such persons are operating a U.S.-registered aircraft for a foreign air carrier, and operators of U.S.-registered civil aircraft, except when such operators are foreign air carriers. The extension of the expiration date is necessary due to continued hazards to persons and aircraft engaged in such flight operations. This Special Federal Aviation Regulation (SFAR) will now remain in effect until May 11, 2019. |
| Effects:
|
| Prompting action: None |
|
|
| Rulemaking Project Initiated: 02/16/2017 |
| Docket Number: FAA-2003-14766 |
Dates for Final Rule:
| Milestone |
Originally
Scheduled
Date |
New
Projected
Date |
Actual
Date |
| To OST |
03/08/2017 |
|
03/16/2017 |
| To OMB |
04/06/2017 |
06/06/2017 |
06/08/2017 |
| OMB Clearance |
05/05/2017 |
|
07/28/2017 |
| Publication Date |
05/10/2017 |
08/24/2017 |
|
|
| Explanation for any delay: |
N/A |
|
| Federal Register Citation for Final Rule: None |
| Federal Aviation Administration |
| 24. |
| Prohibition against Certain Flights in the Damascus (OSTT) Flight Information Region (FIR) |
Black |
|
| Popular Title: OSTT FIR |
| RIN 2120-AL07 |
| Stage: Final Rule |
| Previous Stage: : . |
| Abstract: This action would reissue a prohibition of certain flight operations in the Damascus (OSTT) Flight Information Region (FIR) by all U.S. air carriers, U.S. commercial operators, persons exercising the privileges of a U.S. airman certificate, except when such persons are operating a U.S.-registered aircraft for a foreign air carrier, and operators of U.S.-registered civil aircraft, except when such operators are foreign air carriers. The FAA finds that this action is necessary to safeguard against continuing hazards to persons and aircraft engaged in such flight operations. |
| Effects:
|
| Prompting action: None |
|
|
| Rulemaking Project Initiated: 03/01/2017 |
| Docket Number: |
Dates for Final Rule:
| Milestone |
Originally
Scheduled
Date |
New
Projected
Date |
Actual
Date |
| To OST |
03/08/2017 |
|
03/16/2017 |
| To OMB |
04/07/2017 |
06/22/2017 |
06/13/2017 |
| OMB Clearance |
05/05/2017 |
06/29/2017 |
07/28/2017 |
| Publication Date |
05/10/2017 |
08/24/2017 |
|
|
| Explanation for any delay: |
N/A |
|
| Federal Register Citation for Final Rule: None |
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