Congress passes Laws and FAA promulgates Rules
Congress mandates many deadlines for implementation of its new directives
DOT/FAA maintain a SCOREBOARD of where the Projects are, revealing an internal priority
Congress enacts laws which frequently delegate to the federal agencies to promulgate rules—to translate the broad policy parameters in the bill into specific, enforceable and effective regulations.
The wise folks on Capitol Hill oftentimes include deadlines by which the FAA and its peer agencies must issue a final rule. Even though these temporal mandates cannot be met under the Administrative Procedures Act, another act requires that periodic Significant Rule Makings (SRM) Reports be issued so that the staff can track the progress of their preferred regulatory project.
SRMs are an excellent tool for those, who will be impacted by these measures, to be aware of how soon (likely, possible, not really) the new FAR will be issued. This DOT document lists for every proposed rule a projected date publication. That segment of the table is a real indicator of the priority assigned by the DOT/FAA.
Below is a reordering of the DOT list-
- Coming soon in 2022 and are really significant- NPRMs that should be in the Federal Register and impact aviation
- Significant BUT mañana- projects not immediate in schedule, possibly slipping
- Significant and No Date—by definition their impact is supposed to be major, but the projected dates suggest that the Secretary’s staff is not pushing the promulgation date
For some listings, additional notations are included by the editor.
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.
Department of Transportation
SIGNIFICANT RULEMAKING REPORT Federal Aviation Administration
I-Coming soon in 2022 and are really significant
Comment : perhaps one of the most anticipated and controversial project on the list for 12 years. SMS involves a lot of documentation for items needed to be corrected. Airports, as public institutions, are subject to state FOIAs. The safety discipline, already implemented by some airports and being tested, has a record of reducing risks.
COMMENT: a long battle between the domestic unions and the MRO industry. Debates on safety benefits and the FAA inspecting facilities on sovereign soil.
II-Significant BUT mañana
COMMENT: not a favorite of AOPA, never underestimate that organization to move Capitol Hill, but probably charging aircraft owners for anything is favorite of certain Democrats.
COMMENT: heavy international pressure to comply with this ICAO standard. The Greens think that the standards are not tough enough.
COMMENT: though not mentioned here, the post Max 8 legislation expects this to become a reality SOON.
III-Significant and No Date
COMMENT: most of these have major missed their Congressional deadlines and their tardiness is unclear.
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