Report on DOT Significant Rulemakings

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Table of Contents

 

Federal Aviation Administration

1. Improved Water Survival Equipment

 

2. Retrofit of Improved Seats in Air Carrier Transport Category Airplanes

 

3. Drug Enforcement Assistance

 

4. Aging Aircraft Safety

 

5. Corrosion Prevention and Control Program

 

6. National Air Tour Safety Standards

 

7. Revision of Emergency Evacuation Demonstration Procedures to Improve Participant Safety

 

8. Flight Crewmember Duty Limitations and Rest Requirements

 

9. False and Misleading Statements Regarding Aircraft Parts

 

10. Noise Limitations for Aircraft Operations in the Vicinity of Grand Canyon National Park

 

11. Licensing and Safety Requirements for Launch

 

12. Child Restraint Systems

 

13. Training in the Recognition of Hazardous Material

 

14. Revisions to Digital Flight Data Recorder Regulations for B-737 Airplanes and for Part 125 Operators

 

15. Improved Flammability Standards for Thermal/Acoustic Insulation Materials Used in Transport Category Airplanes

 

16. Certification of Airports

 

17. Air Tour Operations in State of Hawaii

 

18. Fractional Ownership

 

19. Flight Simulation Device Qualification

 

20. Certification of Aircraft and Airmen for the Operation of Light-Sport Aircraft

 

21. Revisions to Passenger Facility Charge Rule for Compensation to Air Carriers

 

22. Transponder Continuous Operation

 

23. Reduced Vertical Separation Minimum in United States Domestic Airspace

 

24. Security Considerations for the Flightdeck on Foreign Operated Transport Category Airplanes

 

25. Limitation on Construction or Alteration in the Vicinity of the Private Residence of the President of the United States

 

26. Ineligibility for an Airman Certificate Based on Security Grounds

 

27. Revisions to Cockpit Voice Recorder and Digital Flight Data Recorder Regulations

 

28. Flight Deck Security on Large Cargo Airplanes

 

29. Stage 4 Aircraft Noise Standards




Federal Aviation Administration


Federal Aviation Administration

1. 

Improved Water Survival Equipment

Yellow

Popular Title: Flotation Devices

RIN 2120-AC72

Stage: Withdrawal

Previous Stage: NPRM: Publication Date 06/30/1988; End of Comment Period 11/28/1988.

Abstract: This rulemaking would have implemented the requirement in the Airport and Airway Safety Act of 1987 that the Department initiate rulemaking to consider standards for life preservers and rafts. It is part of a withdrawal package being issued under the RIN 2120-AI02.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 12/30/1987

Dates for Withdrawal:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

04/01/2003 

05/02/2003 

06/20/2003 

Publication Approved

05/01/2003 

06/02/2003 

 

Publication Date

05/06/2003 

06/09/2003 

 

Explanation for any delay:

N/A

Federal Register Citation for Withdrawal: None



Federal Aviation Administration

2. 

Retrofit of Improved Seats in Air Carrier Transport Category Airplanes

Red

Popular Title: Retrofit of Improved Seats

RIN 2120-AC84

Stage: SNPRM

Previous Stage: NPRM: Publication Date 05/17/88; End of Comment Period 10/14/88; Reopening of Comment Period 10/30/98; End of Reopened Comment Period 01/09/99.

Abstract: This rulemaking implements a congressional mandate of the Airport and Airway Safety Act of 1987 that the Department initiate rulemaking by April 28, 1988, to consider requiring all air carrier aircraft to replace existing seats with new designs that would be more crashworthy.

Effects:

 

Regulatory Flexibility Act

Prompting action: Statute

Legal Deadline: 

Initiate rulemaking by : 04/28/1988

Rulemaking Project Initiated: 12/30/1987

Dates for SNPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

02/05/2001 

12/31/2001 

12/28/2001 

Returned to Mode

 

 

01/31/2002 

Resubmitted to OST

 

 

03/22/2002 

To OMB

03/06/2001 

05/06/2002 

05/14/2002 

OMB Clearance

04/06/2001 

07/26/2002 

09/25/2002 

Publication Date

03/29/2002 

07/31/2002 

10/04/2002 

End of Comment Period

12/03/2002 

 

12/03/2002 

Extension of Comment Period

 

 

12/03/2002 

End of Extended Comment Period

 

 

03/03/2003 

Explanation for any delay:

Unanticipated impacts requiring further analysis
Awaiting development of additional data

Federal Register Citation for SNPRM: 67 FR 62293



Federal Aviation Administration

3. 

Drug Enforcement Assistance

Black

Popular Title: Drug Enf Assistance

RIN 2120-AD16

Stage: Undetermined

Previous Stage: NPRM: Publication Date 03/12/1990; End of Comment Period 05/11/1990.

Abstract: This rulemaking would revise certain requirements covering registration of aircraft, certification of pilots, and penalties associated with registration and certification violations. This rulemaking would also respond to the Federal Aviation Administration Drug Enforcement Act of 1988 (the Act). The revised requirements would assist law enforcement agencies' efforts to stop drug trafficking in general aviation aircraft. The FAA is currently considering seeking modifications to the Act.

Effects:

 

Regulatory Flexibility Act

Prompting action: Statute

Legal Deadline: 

NPRM by : 09/18/1989

Rulemaking Project Initiated: 11/18/1988

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

4. 

Aging Aircraft Safety

Red

Popular Title: Aging Aircraft

RIN 2120-AE42

Stage: Interim Final Rule

Previous Stage: NPRM: Publication Date 10/05/1993; End of Comment Period 02/02/1994; Reopening Comment Period 02/08/1994; End of Reopened Comment Period 3/04/1994. NPRM/2: Publication Date 4/02/1999; End of Comment Period 8/02/1999; Reopening of Comment Period 8/18/1999; End of Reopened Comment Period 10/08/1999.

Abstract: This rulemaking requires airplanes operated under Title 14, Code of Federal Regulations (14 CFR) part 121, U.S.-registered multiengine airplanes operated under 14 CFR part 129, and multiengine airplanes used in scheduled operations under 14 CFR part 135 to undergo inspections and records reviews by the Administrator or a designated representative after their 14th year in service and at specified intervals thereafter. These inspections and records reviews will ensure that the maintenance of these airplanes' age-sensitive parts and components has been adequate and timely. The final rule also prohibits operation of these airplanes after specified deadlines unless damage-tolerance-based inspections and procedures are included in their maintenance or inspection programs. Operators of airplanes initially certificated with nine or fewer passenger seats, however, may incorporate service-history-based inspections instead of damage-tolerance-based inspections and procedures in those airplanes' maintenance or inspection programs. This final rule does not apply to airplanes operated between any point within the State of Alaska and any other point within the State of Alaska. This rule represents a critical step toward compliance with the Aging Aircraft Safety Act of 1991 and helps to ensure the continuing airworthiness of aging airplanes operating in scheduled service.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

Initiate rulemaking by : 04/24/1992

Rulemaking Project Initiated: 10/28/1991

Dates for Interim Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

01/09/2001 

 

03/08/2001 

To OMB

02/09/2001 

 

07/27/2001 

Returned by OMB

 

 

09/18/2001 

Resubmitted to OST

 

 

02/15/2002 

Resubmitted to OMB

 

 

05/28/2002 

OMB Clearance

03/08/2001 

09/19/2002 

09/25/2002 

Publication Approved

03/13/2001 

 

09/25/2002 

Publication Date

01/31/2002 

09/23/2002 

12/05/2002 

End of Comment Period

 

 

02/04/2003 

Publication Date for Extension of Comment Period

 

 

02/04/2003 

End of Extended Comment Period

 

 

05/05/2003 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Interim Final Rule: 67 FR 72725



Federal Aviation Administration

5. 

Corrosion Prevention and Control Program

Red

Popular Title: Corrosion Control

RIN 2120-AE92

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would require that the maintenance or inspection programs for all airplanes operated under part 121 of Title 14, Code of Federal Regulations, all U.S. -registered multiengine airplanes operated in common carriage by foreign air carriers or foreign persons under 14 CFR part 129, and all multiengine airplanes used in scheduled operations under 14 CFR part 135 include FAA-approved corrosion prevention and control programs. Such programs are needed because existing maintenance and inspection programs may not provide comprehensive, systematic measures to prevent and control corrosion. The rulemaking would form a part of the FAA's response to the Aging Aircraft Safety Act of 1991. These actions are intended to control the detrimental effects of corrosion and the resulting airplane structural material loss.

Effects:

 

Regulatory Flexibility Act

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 10/28/1991

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

01/09/2001 

To OMB

 

 

02/20/2001 

Returned by OMB

 

 

09/14/2001 

Resubmitted to OST

 

 

02/15/2002 

Resubmitted to OMB

 

 

06/05/2002 

OMB Clearance

09/17/1999 

08/16/2002 

09/17/2002 

Publication Date

10/01/1999 

08/23/2002 

10/03/2002 

End of Comment Period

 

 

04/01/2003 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: 67 FR 62142



Federal Aviation Administration

6. 

National Air Tour Safety Standards

Red

Popular Title: Air Tour Safety

RIN 2120-AF07

Stage: NPRM

Previous Stage:None

Abstract: In this rulemaking, the FAA will respond to NTSB recommendations. FAA is seeking information on air tour and sightseeing operations that are currently allowed to operate under less stringent regulations than those applied to other types of commercial operations. Over the past decade, the number of these operations, and the number of accidents and incidents associated with these operations, have increased. Hot air balloons and gliders would not be included. (Note: This rulemaking was formerly called "Sightseeing Operations.")

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 04/25/1994

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

03/01/2002 

01/31/2003 

02/10/2003 

To OMB

04/01/2002 

05/02/2003 

 

OMB Clearance

07/01/2002 

08/06/2003 

 

Publication Date

07/03/2002 

08/13/2003 

 

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: None



Federal Aviation Administration

7. 

Revision of Emergency Evacuation Demonstration Procedures to Improve Participant Safety

Red

Popular Title: Emergency Evacuation

RIN 2120-AF21

Stage: Final Rule

Previous Stage: NPRM: Publication Date 07/18/1995; Correction 08/25/1995; End of Comment Period 10/16/1995.

Abstract: This final rule would improve participant safety during full-scale emergency evacuation demonstrations of transport category airplanes by permitting certain alternative procedures that would allow a person conducting the demonstrations to react more readily should a mishap occur. The rule would not impose any additional cost. The purpose of the rule is to make full-scale emergency evacuation demonstrations safer for participants, to codify exisiting practices, and to ensure that each operator demonstrates the effectiveness of crewmember training by conducting at least a partial evacuation demonstration.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 05/08/1995

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

12/01/2002 

09/26/2003 

 

To OMB

01/02/2003 

12/27/2003 

 

OMB Clearance

04/02/2003 

03/25/2004 

 

Publication Date

04/09/2003 

04/12/2004 

 

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None



Federal Aviation Administration

8. 

Flight Crewmember Duty Limitations and Rest Requirements

Red

Popular Title: Flight Crewmember Duty Time

RIN 2120-AF63

Stage: Undetermined

Previous Stage: NPRM: Publication Date 12/20/1995; End of Comment Period 03/19/1996; Comment Period Extended 3/20/1996; End of Extended Comment Period 6/19/1996.

Abstract: This rulemaking would amend the pilot rest and duty requirements for pilots by ensuring they receive adequate rest opportunities while assigned to reserve status and by preventing lengthy duty periods that could contribute to acute and cumulative fatigue. The rulemaking would propose a definition of "rest period." FAA earlier had planned to publish an SNPRM by 3/31/02.

Effects:

 

Regulatory Flexibility Act

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 11/28/1995

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:

Additional coordination necessary

Federal Register Citation for Undetermined: None



Federal Aviation Administration

9. 

False and Misleading Statements Regarding Aircraft Parts

Red

Popular Title: False Statements Plane Parts

RIN 2120-AG08

Stage: NPRM

Previous Stage:None

Abstract: This action proposes additional rules that would prohibit certain false or misleading statements regarding civil aircraft, airframes, aircraft engines, propellers, appliances, component parts, and materials, including standard parts, that are used, or may be used, on civil aircraft. The proposal would also permit increased inspection by the FAA of records regarding the quality of aircraft parts.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 08/22/1994

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

07/13/2001 

07/15/2002 

08/15/2002 

To OMB

 

09/15/2002 

01/16/2003 

OMB Clearance

08/13/2001 

04/22/2003 

04/21/2003 

Publication Approved

 

04/22/2003 

04/21/2003 

Publication Date

08/24/2001 

04/26/2003 

05/05/2003 

End of Comment Period

 

 

08/04/2003 

Explanation for any delay:

Other, higher priorities

Federal Register Citation for NPRM: 68 FR 23808



Federal Aviation Administration

10. 

Noise Limitations for Aircraft Operations in the Vicinity of Grand Canyon National Park

Red

Popular Title: GCNP Phaseout rule

RIN 2120-AG34

Stage: SNPRM

Previous Stage: NPRM: Publication Date 12/31/1996; End of Comment Period 03/31/1997.

Abstract: This action is one part of an overall strategy to reduce further the impact of aircraft noise on the environment of Grand Canyon National Park (GCNP) and to help the National Park Service achieve its statutory mandate imposed by Public Law 100-91 to provide for the substantial restoration of natural quiet and experience at GCNP. This rulemaking will establish a reasonably achievable standard for quiet technology to comply with the congressional mandate imposed by section 804 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (Public Law 106-181).

Effects:

 

Regulatory Flexibility Act

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 12/31/1996

Dates for SNPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

09/17/2001 

04/12/2002 

04/11/2002 

To OMB

10/30/2001 

08/01/2002 

12/17/2002 

OMB Clearance

11/29/2001 

03/17/2003 

03/14/2003 

Publication Date

12/10/2001 

03/21/2003 

03/24/2003 

End of Comment Period

03/18/2002 

 

06/23/2003 

Explanation for any delay:

Other, higher priorities

Federal Register Citation for SNPRM: 68 FR 14275



Federal Aviation Administration

11. 

Licensing and Safety Requirements for Launch

Red

Popular Title: Licensing Space Launches

RIN 2120-AG37

Stage: SNPRM/2

Previous Stage: NPRM: Publication Date 10/25/2000; End of Comment Period 2/22/2001. SNPRM: Publication Date 07/30/2002; End of Comment Period 10/28/2002.

Abstract: This rulemaking would amend the commercial space transportation regulations governing licensing and safety requirements for launch from Federal and non-Federal launch sites.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 01/17/1999

Dates for SNPRM/2:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

05/21/2003 

07/07/2003 

 

To OMB

06/20/2003 

08/05/2003 

 

OMB Clearance

09/19/2003 

11/05/2003 

 

Publication Date

09/26/2003 

11/18/2003 

 

End of Comment Period

12/26/2003 

 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for SNPRM/2: None



Federal Aviation Administration

12. 

Child Restraint Systems

Black

Popular Title: Child Restraint Systems

RIN 2120-AG43

Stage: Undetermined

Previous Stage: ANPRM: Publication Date 02/18/1998; End of Comment Period 6/18/1998.

Abstract: This rulemaking would consider the use of child restraint systems in aircraft during all phases of flight (i.e., taxi, takeoff, landing, or any other time the seat belt sign is illuminated). Specifically, the agency would consider information about existing child restraint systems, the development of new and improved child restraint systems, and the ease with which existing or new child restraint systems can be used. The Department is currently considering and coordinating options for appropriate action.

Effects:

 

Economically Significant
Regulatory Flexibility Act

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 10/29/1997

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

13. 

Training in the Recognition of Hazardous Material

Red

Popular Title: Hazmat Training Requirements

RIN 2120-AG75

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would propose to amend its hazardous materials (hazmat) training requirements for air carriers and commercial operators certificated to operate under part 121 or part 135. In addition, the rulemaking would propose that repair stations certificated under part 145 document for the FAA that persons handling hazmat for transportation have been trained as required by the Deparment of Transportation's Hazardous Materials Regulations (HMRs). The FAA is updating its regulations because hazmat transport and the aviation industry have changed significantly since the FAA promulgated its hazmat training standards to ensure uniform compliance with training requirements.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 02/18/1999

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

12/15/1999 

 

02/08/2002 

Resubmitted to OST

 

 

06/20/2002 

Returned to Mode

 

 

11/08/2002 

Resubmitted to OST/2

 

 

11/18/2002 

Returned to Mode/2

 

 

12/09/2002 

Resubmitted to OST/3

 

 

 

To OMB

 

11/20/2002 

01/28/2003 

OMB Clearance

01/20/2000 

04/28/2003 

04/28/2003 

Publication Date

01/20/2000 

05/01/2003 

05/08/2003 

End of Comment Period

 

08/01/2003 

07/07/2003 

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: 68 FR 24809



Federal Aviation Administration

14. 

Revisions to Digital Flight Data Recorder Regulations for B-737 Airplanes and for Part 125 Operators

Red

Popular Title: Digital Flight Data Recorder/B-737

RIN 2120-AG87

Stage: Final Rule

Previous Stage: NPRM: Publication Date 11/18/1999; End of Comment Period 12/20/1999.

Abstract: The rulemaking would amend the digital flight data recorder (DFDR) regulations for transport category airplanes to add a requirement for all Boeing 737 (B-737) series airplanes to record additional flight data parameters. It is based on safety recommendations issued by the National Transportation Safety Board (NTSB) following the investigations of two accidents and other incidents involving B-737 aircraft.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 02/15/1999

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

05/29/2000 

11/03/2000 

10/25/2000 

To OMB

06/28/2000 

12/04/2000 

12/26/2000 

Returned by OMB

 

 

09/18/2001 

OMB Clearance

07/28/2000 

01/11/2001 

 

Publication Date

08/11/2000 

01/18/2001 

 

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None



Federal Aviation Administration

15. 

Improved Flammability Standards for Thermal/Acoustic Insulation Materials Used in Transport Category Airplanes

Red

Popular Title: Therm/Acoustic

RIN 2120-AG91

Stage: Final Rule

Previous Stage: NPRM: Publication Date 09/20/2000; End of Comment Period 01/18/2001.

Abstract: This action would establish new flammability standards. They address flame progagation and entry of an external fire into the airplane. The new standards are intended to reduce the incidence and severity of cabin fires, particularly those in inaccessible areas where thermal/acoustic insulation materials are typically installed. They would also provide an increased level of safety in post-crash fires by delaying entry of flames into the cabin. The new standards would apply to new type designs and newly manufactured airplanes.

Effects:

 

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: 

None

Rulemaking Project Initiated: 11/22/1999

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

03/14/2002 

08/14/2002 

08/15/2002 

Returned to Mode

 

 

10/24/2002 

Resubmitted to OST

 

11/04/2002 

11/27/2002 

To OMB

04/12/2002 

01/06/2003 

01/08/2003 

OMB Clearance

07/14/2002 

04/07/2003 

04/08/2003 

Publication Date

07/25/2002 

06/30/2003 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Final Rule: None



Federal Aviation Administration

16. 

Certification of Airports

Red

Popular Title: Part 139-Certification of Airports

RIN 2120-AG96

Stage: Final Rule

Previous Stage: NPRM: Publication Date 06/21/2000; Correction 08/21/2000; Comment Period Extended 08/22/2000; End of Comment Period 09/19/2000; End of Extended Comment Period 11/03/2000.

Abstract: This rule would revise the airport certification regulation and establish certification requirements for airports serving scheduled air carrier operations in aircraft designed for more than 9 passenger seats but less than 31 passenger seats. In addtion, this rule would amend a section of an air carrier operation regulation to conform with changes to airport certification requirements. The FAA Reauthorization Act of 1996 authorized the FAA to certificate airports (with the exception of those in Alaska) that serve scheduled passenger operations of air carriers operating aircraft designed for more than 9 passenger seats but fewer than 31. The Aviation Investment and Reform Act for the 21st Century mandated that the FAA issue an NPRM on operating certificates for such airports within 60 days (of April 5, 2000) and a final rule 1 year after the close of the NPRM comment period .

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

Issuance of NPRM : 06/04/2000
Issuance of Final Rule : 11/03/2001

Rulemaking Project Initiated: 09/30/1999

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

09/27/2001 

 

03/25/2002 

Returned to Mode

 

 

05/24/2002 

Resubmitted to OST

 

 

09/03/2002 

Resubmitted to OST/2

 

 

09/12/2002 

To OMB

10/26/2001 

10/15/2002 

01/22/2003 

Returned to Mode/2

 

 

04/21/2003 

OMB Clearance

 

07/31/2003 

 

Publication Date

11/01/2001 

08/08/2003 

 

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None



Federal Aviation Administration

17. 

Air Tour Operations in State of Hawaii

Black

Popular Title: Air Tour Operations in Hawaii

RIN 2120-AH02

Stage: Undetermined

Previous Stage:None

Abstract: This rulemaking would extend SFAR 71, which established certain procedural, operational and equipment requirements for air tour operators in the State of Hawaii. The FAA intends to issue a national air tour safety proposal in the near future, but until that rulemaking becomes final, there is a need to extend SFAR 71 to ensure the continuing safe environment for conducting air tours in Hawaii. During the 9 year period between 1982 and 1991, there were 11 air tour accidents with 24 fatalities in Hawaii. The apparent causes of the accidents ranged from engine power loss to encounters with adverse weather. On September 26, 1994, the FAA published an emergency final rule as SFAR 71. The rule established additional operating procedures, including minimum safe altitudes (and associated increases in visual flight rules weather minimums), minimum equipment requirements and operational limitations for air tour aircraft in the State of Hawaii. SFAR 71 was subsequently extended until October 26, 2003.

Effects:

 

None

Prompting action: None

Legal Deadline: 

SFAR 71 expires : 10/26/2003

Rulemaking Project Initiated: 09/26/1994

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

18. 

Fractional Ownership

Red

Popular Title: Fractional

RIN 2120-AH06

Stage: Final Rule

Previous Stage: NPRM: Publication Date 7/18/01; End of Comment Period 10/16/01.

Abstract: This rulemaking would update and revise the regulations governing operations by aircraft in fractional ownership programs. This action is undertaken because the FAA has determined that current regulations do not adequately define fractional ownership programs and do not clearly allocate responsibility and authority for safety and compliance with the regulations. The revisions would define fractional ownership programs and their various participants, allocate responsibility and authority for safety of flight operations for purposes of compliance with the regulations, and ensure that fractional ownership program aircraft operations maintain a high level of safety. Elements of this rulemaking would provide in certain of the regulations applicable to fractional ownership programs a level of safety equivalent to certain regulations that apply to on-demand operators. The rulemaking would also change some regulations that apply to on-demand operators meeting certain criteria to permit these operators an alternate means of compliance for certain commercial operations.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 10/06/1999

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

09/10/2002 

 

09/18/2002 

Resubmitted to OST

 

12/16/2002 

12/16/2002 

To OMB

12/10/2002 

03/31/2003 

04/03/2003 

OMB Clearance

03/10/2003 

07/01/2003 

 

Publication Approved

03/12/2003 

07/03/2003 

 

Publication Date

03/19/2003 

07/10/2003 

 

Explanation for any delay:

Other, higher priorities
Awaiting development of additional data

Federal Register Citation for Final Rule: None



Federal Aviation Administration

19. 

Flight Simulation Device Qualification

Black

Popular Title: Simulator Qualification (Part 60)

RIN 2120-AH07

Stage: Undetermined

Previous Stage: NPRM: Publication Date 09/25/2002; Publication Date for Extension of Comment Period 11/15/2002; End of Comment Period 12/24/2002; End of Extended Comment Period 02/24/2003.

Abstract: This rulemaking would amend the FAA regulations to establish flight simulation device qualification requirements for all certificate holders in a new part. The basis of these requirements currently exists in different parts of the FAA's regulations and in advisory circulars. The changes would consolidate and update flight simulation device requirements.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 04/01/1998

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

20. 

Certification of Aircraft and Airmen for the Operation of Light-Sport Aircraft

Red

Popular Title: Light-Sport Aircraft Certification

RIN 2120-AH19

Stage: Final Rule

Previous Stage: NPRM: Publication Date 02/05/2002; End of Comment Period 05/06/2002.

Abstract: This rulemaking would establish requirements for the certification, operation, and maintenance of light-sport aircraft, including powered parachutes and weight-shift-control aircraft. For the operation of light-sport aircraft, the rulemaking would establish a sport pilot certificate and a flight instructor certificate with a sport pilot rating. It would also establish requirements for student pilots and private pilots to operate these aircraft, and to revise the recreational pilot certificate to align it with privileges proposed for the new sport pilot certificate. It would also establish a new repairman certificate with ratings for individuals who would inspect and maintain light-sport aircraft. In addition, it would create a new category of special airworthiness certificate for light-sport aircraft that meet a consensus standard. This action is necessary to address advances in sport and recreational aviation technology, gaps in the existing regulations, and several petitiions for rulemaking. The intended effect of this action is to provide a safe and economical means to certificate light-sport aircraft and the pilots who fly them.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 05/14/2001

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

02/28/2003 

06/30/2003 

 

To OMB

03/28/2003 

09/29/2003 

 

OMB Clearance

07/01/2003 

12/30/2003 

 

Publication Date

07/08/2003 

01/15/2004 

 

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None



Federal Aviation Administration

21. 

Revisions to Passenger Facility Charge Rule for Compensation to Air Carriers

Green

Popular Title: Passenger Facility Charge

RIN 2120-AH43

Stage: Final Rule

Previous Stage: NPRM: Publication Date 11/27/2002; End of Comment Period 01/13/2003; Publication Date for Extension of Comment Period 01/14/2003; End of Extended Comment Period 02/12/2003.

Abstract: This rulemaking would amend the passenger facility charge (PFC) regulation by changing the amount and unit of collection that a carrier may retain for collecting and handling (including remitting) PFC revenue. It would allow carriers to keep $0.10 of each PFC they collect in calendar years 2002 through 2004. From 2005 forward, the amount would increase to $0.11 for each PFC collected. This action is necessary to implement the statutory requirement that the Secretary of Transportation (whose authority has been delegated to the Administrator of FAA) establish by regulation a uniform amount that carriers may retain that reflects the average necessary and reasonable expenses for collecting and handling PFCs.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 11/30/2000

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

08/25/2003 

 

 

To OMB

09/22/2003 

 

 

OMB Clearance

12/22/2003 

 

 

Publication Date

01/05/2004 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



Federal Aviation Administration

22. 

Transponder Continuous Operation

Red

Popular Title: Transponder Continuous Operation

RIN 2120-AH67

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would amend the instrument and equipment requirements for airplanes operated in domestic, flag, and supplemental operations. Specifically, the rulemaking would require affected airplanes to have the capability to help assure immediate activation of the designated air traffic control (ATC) hijack alert code, and continuous transmission of that code to ATC during a hijack situation. This action would respond to the heightened threat to U.S. civil aviation. The FAA believes that this capability would help provide ATC personnel with more time to initiate a national security response to a potential airplane hijack situation.

Effects:

 

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: 

None

Rulemaking Project Initiated: 10/01/2001

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

04/01/2002 

05/01/2002 

05/09/2002 

To OMB

07/08/2002 

08/07/2002 

08/05/2002 

OMB Clearance

10/08/2002 

11/07/2002 

12/13/2002 

Publication Date

10/15/2002 

11/14/2002 

01/14/2003 

End of Comment Period

03/17/2003 

 

03/17/2003 

Explanation for any delay:

Other, higher priorities

Federal Register Citation for NPRM: 68FR1942



Federal Aviation Administration

23. 

Reduced Vertical Separation Minimum in United States Domestic Airspace

Green

Popular Title: Domestic RVSM

RIN 2120-AH68

Stage: Final Rule

Previous Stage: NPRM: Publication Date 05/10/2002; End of Comment Period 08/08/2002.

Abstract: This rulemaking would permit Reduced Vertical Separation Minimum flights in the airspace over the contiguous 48 States of the United States and Alaska and that portion of the Gulf of Mexico where the FAA provides air traffic services. This reduction of vertical separation minima would only be applied between those aircraft that meet stringent altimeter and auto-pilot performance requirements. This rulemaking would enhance airspace capacity and to assist aircraft operators to save fuel and time.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 03/13/2002

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

06/15/2003 

05/30/2003 

05/29/2003 

To OMB

07/15/2003 

06/30/2003 

 

OMB Clearance

10/15/2003 

09/30/2003 

 

Publication Date

10/20/2003 

10/08/2003 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



Federal Aviation Administration

24. 

Security Considerations for the Flightdeck on Foreign Operated Transport Category Airplanes

Black

Popular Title: Flightdeck Security (Part 129)

RIN 2120-AH70

Stage: Disposition of Comments

Previous Stage: Final Rule: Publication Date 06/21/2002. Final Rule/2: Publication Date 12/30/2002; End of Comment Period 02/28/2003.

Abstract: This final rule amends a previous rule requiring improved flightdeck security and operational and procedures changes to prevent unauthorized access to the flightdeck on passenger-carrying aircraft operated by foreign carriers under the provisions of part 129. This final rule is intended to ensure that the same flightdeck security enhancements apply to foreign air carriers as apply to U.S. air carriers. Because this rule was issued without prior notice and comment to address imminent security concerns, it contains a request for public comments

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 01/15/2002

Dates for Disposition of Comments:

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 Disposition of Comments: None



Federal Aviation Administration

25. 

Limitation on Construction or Alteration in the Vicinity of the Private Residence of the President of the United States

Red

Popular Title: Crawford Texas Airspace

RIN 2120-AH83

Stage: Interim Final Rule

Previous Stage:None

Abstract: This rule would require that notice be filed with FAA for the construction of any new object or the alteration of any existing object in the vicinity of the private residence of the President of the United States that would exceed 50 feet AGL and is within existing prohibited airspace surrounding the President¿s private residence. This rule is being adopted for purposes of national defense and will assist in protecting the President of the United States.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 03/26/2001

Dates for Interim Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

06/09/2002 

 

09/03/2002 

Returned to Mode

 

 

12/16/2002 

Resubmitted to OST

 

 

03/03/2003 

To OMB

07/09/2002 

11/03/2002 

03/21/2003 

OMB Clearance

10/09/2002 

02/03/2003 

04/08/2003 

Publication Date

10/11/2002 

02/08/2003 

04/22/2003 

End of Comment Period

 

 

06/23/2003 

Explanation for any delay:

Unanticipated issues requiring further analysis
Additional coordination necessary

Federal Register Citation for Interim Final Rule: 68 FR 19730



Federal Aviation Administration

26. 

Ineligibility for an Airman Certificate Based on Security Grounds

Black

Popular Title: Cert. Revocation for Security

RIN 2120-AH84

Stage: Disposition of Comments

Previous Stage: Final Rule: Publication Approved 01/21/2003; Publication Date 01/24/2003; End of Comment Period 03/25/2003. Final Rule with Request for Comments: Publication Approved 01/21/2003; Publication Date 01/24/2003; End of Comment Period 03/25/2003.

Abstract: This rule would expressly provide the authority to revoke a pilot certificate or deny an application for a pilot certificate based on a written determination by the Under Secretary of Transportation for Security that an individual poses a security risk related to aviation. This rule would address the security concerns of who should hold a pilot certificate issued by the Federal Aviation Administration and is necessary to enhance security in air transporation. This rulemaking complements the TSA Revocation Rulemakings (2110-AA14 and 2110-AA17).

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 09/11/2001

Dates for Disposition of Comments:

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 Disposition of Comments: None



Federal Aviation Administration

27. 

Revisions to Cockpit Voice Recorder and Digital Flight Data Recorder Regulations

Red

Popular Title: Cockpit Voice Recorder

RIN 2120-AH88

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would amend the cockpit voice recorder (CVR) and digital flight data recorder (DFDR) regulations for certain air carriers, operators, and aircraft manufacturers. It would increase the duration of CVR and flight data recorder (FDR) recordings; increase the data recording rate of certain DFDR paramaters; require physical separation of the DFDR and CVR; improve the reliability of the power supply to both the CVR and DFDR; and, if data-link communication equipment is installed, require that all data-link communication equipment is installed, require that all data-link communications received by an aircraft be recorded.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 08/30/1999

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

12/03/1999 

 

08/28/2002 

Returned to Mode

 

 

09/05/2002 

Resubmitted to OST

 

 

10/05/2002 

Returned to Mode/2

 

 

02/07/2003 

To OMB

11/04/2002 

 

 

OMB Clearance

02/04/2003 

 

 

Publication Date

02/09/2003 

 

 

End of Comment Period

04/09/2003 

 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: None



Federal Aviation Administration

28. 

Flight Deck Security on Large Cargo Airplanes

Red

Popular Title: Large Cargo Airplanes

RIN 2120-AH96

Stage: Final Rule with Request for Comments

Previous Stage:None

Abstract: This action would provide an optional means of compliance to operators of all cargo airplanes that are required to have a reinforced security flightdeck door by April 9, 2003. This rule would allow those operators to either install reinforced doors or adopt enhanced procedures approved by the Transportation Security Administration.

Effects:

 

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: 

None

Rulemaking Project Initiated: 11/10/2002

Dates for Final Rule with Request for Comments:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

12/24/2002 

 

01/06/2003 

To OMB

01/24/2003 

 

03/06/2003 

OMB Clearance

04/24/2003 

06/06/2003 

06/03/2003 

Publication Date

04/29/2003 

06/11/2003 

 

Explanation for any delay:

Unanticipated impacts requiring further analysis

Federal Register Citation for Final Rule with Request for Comments: None



Federal Aviation Administration

29. 

Stage 4 Aircraft Noise Standards

Green

Popular Title: Stage 4

RIN 2120-AH99

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would establish a new noise standard for subsonic jet airplanes and subsonic transport category large airplanes. This noise standard would ensure that the latest available noise reduction technology is incorporated into new aircraft designs. This noise standard, Stage 4, would apply to any person submitting an application for a new airplane type design on and after January 1, 2006. The standard could be chosen voluntarily prior to that date. This noise standard is intended to provide uniform noise certification standards for Stage 4 airplanes certificated in the United States and those airplanes that meet the new International Civil Aviation Organization Annex 16 Chapter 4 noise standard.

Effects:

 

None

Prompting action: International Agreement

Legal Deadline: 

None

Rulemaking Project Initiated: 01/28/2002

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

06/05/2003 

 

06/10/2003 

To OMB

10/03/2003 

 

 

OMB Clearance

01/05/2004 

 

 

Publication Date

01/09/2004 

 

 

End of Comment Period

03/09/2004 

 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None