[Federal Register Volume 61, Number 200 (Tuesday, October 15, 1996)]
[Rules and Regulations]
[Pages 53610-53611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25419]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Chapter I
[Docket No. 28311]
Review of Existing Rules
AGENCY: Federal Aviation Administration, DOT.
ACTION: Regulatory Review Program, disposition of comments and final
guidelines.
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SUMMARY: As provided for in its 1995 Strategic Plan, the Federal
Aviation Administration (FAA) will undertake periodic reviews of its
existing regulations. This action discusses and disposes of the
comments received in response to the Federal Register notice of August
24, 1995, and sets forth the guidelines adopted by the FAA for the
conduct of its Regulatory Review Program.
EFFECTIVE DATE: January 2, 1997.
FOR FURTHER INFORMATION CONTACT: Chris A. Christie, Director, Office of
Rulemaking, 800 Independence Ave., SW., Washington, DC 20591, telephone
(202) 267-9677, FAX (202) 267-5075.
SUPPLEMENTARY INFORMATION:
Background
On January 10, 1994, the FAA published in the Federal Register (59
FR 1362) a notice proposing to initiate a short-term regulatory review
in response to a recommendation from the President's National
Commission to Ensure a Strong Competitive Airline Industry.
Similarly, in early 1992, pursuant to an Executive Order issued by
then-President Bush, the Department of Transportation (DOT) and each of
its modal administrations reviewed all existing regulations.
The FAA's experience with the above two reviews has shown there is
great value in obtaining public input in setting the agency's
regulatory agenda and priorities regardless of whether such input is an
affirmation of the agency's direction or an indication of a need to
alter course.
Comments
On August 24, 1995 the FAA issued a Request for Comments on the
Proposed FAA Regulatory Review Program (60 FR 44142). The comment
period closed on November 22, 1995. Twelve comments were received. The
Airport Council International, Bishop International Airport Authority,
New Orleans International Airport, National Air Transport Association,
Air Transportation Association of America, Regional Airline
Association, Air Line Pilots Association, and the American Association
of Airport Executives all support a periodic regulatory review program.
Aerospace Industries Association, GAMA, and Sue A. Critz do not support
the concept.
The Airport Council International endorses the FAA's proposal with
a 3-year cycle and a conclusion document containing both summary and
disposition. Mr. William C. Sandifer, AAE, Assistant Airport Director--
Bishop International Airport Authority also endorses the proposal with
the 3-issue limitation. The Assistant Supervisor of Operations, Matthew
R. Zaranski, New Orleans International Airport, with his endorsement
recommends a bi-annual review process, building an agenda of the most
critical items published every year. The National Air Transportation
Association generally supports the proposal with a 3-issue limitation,
but rather than publishing a document containing a summary of comments,
he suggests the FAA should initiate rulemaking to address the
significant areas addressed in the comments. Mr. James L. Casey, VP,
Air Transportation Association of America and Mr. Rudy Rudolph, AAAE,
both support the FAA's proposal. Mr. Rudolph would like to see annual
reviews. He feels the rulemaking process should not take so long. With
annual reviews, AAAE believes a priority system could be developed and
resources deployed accordingly. Mr. Casey indicates limiting the review
to 3 issues every 3 years may not produce an overall perspective.
The Regional Airline Association supports the proposal but would
like the limitations expanded to 5 issues. Mr. John O'Brien, Director,
Engineering & Air Safety, Airline pilots Association, generally
supports the proposal and M. Theresa Coutu, Director, Regulatory
Affairs, American Association of Airport Executives, endorses the
proposal with the following input. The 3-year review system should not
interfere with regulatory obligations, limitations should be expanded
to 5 issues, and an annual status document should be processed during
the 3-yr. cycle. She also recommends that the Aviation Rulemaking
Advisory Committee (ARAC) review all comments as well as the FAA.
Those that did not support the proposal included Robert E.
Roberson, Jr. VP, Civil Aviation, Aerospace Industries Association. Mr.
Roberson feels ARAC and the petition for rulemaking process are
sufficient and does not see an additional review having any added value
to the process. Bill Schultz, VP Engineering & Maintenance, GAMA, would
like to see more focus on improving the process and reinforces the
input that ARAC is already industry's vehicle. He states that with the
ARAC vehicle in place, any further process will be labor intensive for
already scarce FAA resources. The final commentor, Sue A Critz, CFII,
AGC, IGI does not support the FAA's proposal, stating it would create
an unusual workload. She offers an alternate plan: A new form created,
which the public would complete and return at 6-month intervals, thus
creating a 6-month review of comments. On a regular basis, the FAA
would formulate rule changes based upon these comments.
Conclusion
After review of all comments, there is general consensus that
supports the concept of a review of existing rules on a 3-year cycle
rather than on any other basis. Although there were a few suggestions
for a 5-year cycle and the issue limitation be expanded to 5 issues,
due to time constraint and limited resources, the FAA has determined a
3-issue, 3-year cycle will capture the input it is seeking from the
public. A third of the commentors did not address the vehicle for
concluding the review. Those who did supported a published summary and
general disposition of
[[Page 53611]]
comments. This level of review will produce the input and support the
agency is seeking, and should not overburden the existing regulatory
process and obligations.
Therefore, the FAA has determined there is general support for the
agency's plan to conduct periodic reviews of existing regulations as a
means to obtain public input to the agency's regulatory agenda and
priorities.
FAA Plan for Periodic Regulatory Reviews: Beginning January 1997,
and every 3 years thereafter, the FAA will conduct comprehensive
regulatory reviews. The review will be initiated with a published
announcement in the Federal Register inviting the public to identify
those regulations, issues, or subject areas that should be reviewed by
the FAA. In order to focus on those areas of greatest interest and to
effectively manage agency resources, commentors will be expected to
limit their input to the 3 issues they consider most urgent. In
addition, the public will be specifically requested to indentify rules
having a significant impact on small entities that appear to be no
longer necessary or that are overlapping, duplicative, or conflicting
with other Federal regulations. The FAA will review these rules in
accordance with Section 610 of the Regulatory Flexibility Act unless
they have already been so reviewed. The FAA will review and analyze the
issues addressed by the commentors against its regulatory agenda and
rulemaking program efforts, and adjust its regulatory priorities
consistent with its statutory authority and responsibilities. Each
review will conclude with a published summary and general disposition
of the comments and, where appropriate, indicate how regulatory
priorities will be adjusted.
Issued in Washington, DC, on September 27, 1996.
Margaret Gilligan,
Deputy Associate Administrator for Regulation and Certification.
[FR Doc. 96-25419 Filed 10-11-96; 8:45 am]
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