FAA Regulatory Scoreboard—DOCUMENTING DELAYS & MISSED DEADLINES

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faa dot significant rulemaking record

Posted By: Sandy Murdock August 23, 2017

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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

  1. Airport Safety Management System
  1. Prohibition Against Certain Flights Within the Territory and Airspace of Afghanistan
  1. Requirement for Wildlife Assessments at Certificated Airports
  1. Regulation Of Flight Operations Conducted By Alaska Guide Pilots
  1. Pilot Professional Development
  1. System Safety Assessment
  1. Applying the Flight, Duty, and Rest requirements to Ferry Flights that Follow Domestic, Flag, or Supplemental All-Cargo Operations (Reauthorization)
  1. Transport Airplane Fuel Tank and System Lightning Protection (RRR)
  1. Applying the Flight, Duty, and Rest Rules of 14 CFR part 135 to Tail-End Ferry Operations (FAA Reauthorization
  1. Pilot Records Database (HR 5900)
  1. Pilot Biometric Certificates (FAA Reauthorization)
  1. Aircraft Registration and Airmen Certification Fees
  1. Permanent Requirement for Helicopters to use the New York North Shore Helicopter Route
  1. Helicopter Air Ambulance Pilot Training and Operational Requirements (HAA II) (FAA Reauthorization)
  1. Revision of Airworthiness Standards for Normal, Utility, Acrobatic, and Commuter Category Airplanes (RRR)
  1. Requirements to File Notice of Construction of Meteorological Evaluation Towers and Other Renewable Energy Projects
  1. Orbital Debris Mitigation Methods for Launch Vehicle Upper Stages (Orbital Debris)
  1. Registration and Marking Requirements for Small Unmanned Aircraft
  1. Operations of Small Unmanned Aircraft Over People
  1. Extension of the prohibition against Certain Flights in the Damascus (OSTT) Flight Information Region (FIR)
  1. Extension of the Prohibition against Certain Flights in the Tripoli (HLLL) Flight Information Region
  1. Unmanned Aircraft Systems Expanded Operations
  1. Extension of the Prohibition against Certain Flights in the Baghdad (ORBB) Flight Information Region (FIR)
  1. 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:

Foreign
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:

None
Prompting action: Secretarial/Head of Operating Administration Decision
Legal Deadline: None
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
Legal Deadline: None
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:

Information Collection
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:

EU
NAFTA
Foreign
Prompting action: None
Legal Deadline: 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:

None
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
Legal Deadline: None
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
Legal Deadline: None
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
Legal Deadline: None
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
Legal Deadline: None
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:

None
Prompting action: None
Legal Deadline: 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
Legal Deadline: 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:

None
Prompting action: None
Legal Deadline: 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
Legal Deadline: None
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
Legal Deadline: 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:

None
Prompting action: None
Legal Deadline: 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:

None
Prompting action: None
Legal Deadline: 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:

Privacy
Prompting action: None
Legal Deadline: 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:

None
Prompting action: None
Legal Deadline: 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:

None
Prompting action: None
Legal Deadline: 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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