[Federal Register Volume 59, Number 30 (Monday, February 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3241]
[[Page Unknown]]
[Federal Register: February 14, 1994]
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Part IV
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
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14 CFR Part 139
Airport Certification; Amendment of the Compliance Date for Signs
Identifying Taxiing Routes; Final Rule
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 139
[Docket No. 24812; Amdt. No. 139-20]
RIN 2120-AF26
Airport Certification; Amendment of the Compliance Date for Signs
Identifying Taxiing Routes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This final rule amends a final rule issued without notice
based upon comments received in response to that final rule. This final
rule amends the compliance date for certain sign requirements required
under the Federal Aviation Regulations (FAR) for airports certificated
under 14 CFR part 139. The compliance date for these sign requirements
expired on January 1, 1994. This amendment will provide the time
necessary for industry to manufacture and airport operators to install
the required signs.
EFFECTIVE DATE: February 14, 1994.
FOR FURTHER INFORMATION CONTACT: Mr. William DeLoach, Safety and
Compliance Division (AAS-300), Office of Airport Standards, Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, DC
20591, telephone (202) 267-8723.
SUPPLEMENTARY INFORMATION:
Background
On November 18, 1987, the FAA published a final rule (52 FR 44276)
revising and reorganizing 14 CFR part 139 that became effective on
January 1, 1988. The revision included modified requirements, as
contained in Sec. 139.311, pertaining to markings and lighting. On
October 18, 1988, 14 CFR 139 was amended (53 FR 40842) to, among other
things, establish January 1, 1991 as the compliance date for the
marking and lighting requirements in Sec. 139.311. After the amendment
establishing the 1991 compliance date for Sec. 139.311, however, the
FAA decided to revise the guidance material on one aspect of the
marking requirements. The FAA undertook to revise the advisory circular
(AC) related to signs identifying taxiing routes on the movement area
(Sec. 139.311(a)(3)). The FAA wanted to resolve the controversies
regarding the types and design of airfield signs, applications, colors,
and other matters. In addition, because of the global nature of
aviation, the FAA wanted its sign standards to be consistent with the
ones being considered by the International Civil Aviation Organization
(ICAO) for installation at airports throughout the world.
Operators of certificated airports were informed of this revision
and encouraged to wait for publication of the revised AC before
attempting to comply with the requirements of Sec. 139.311(a)(3). This
was to preclude installation of signs identifying taxiing routes on the
movement area where significant changes were being considered.
The process of revising the sign standards was further complicated
by the involvement of the International Civil Aviation Organization
(ICAO). As noted above, ICAO was developing international airport sign
standards during the period the AC was being revised. To make sure the
United States was in conformity internationally, the FAA met with the
ICAO to help develop standardization and consistency of airport signs.
This precluded the FAA from issuing its revised AC on sign standards
until after the ICAO working group made recommendations for revised
airport sign standards.
The ICAO working group did not make its recommendations until May
of 1991, months after the January 1, 1991 compliance date set out in
Sec. 139.311(f). Prior to the deadline, however, the FAA began issuing
exemptions to those airport operators requesting them, and advised
airport operators against installing signs solely for the purposes of
complying with Sec. 139.311(a)(3). Airport operators were urged to wait
until the FAA issued the revised AC.
On July 31, 1991, the FAA issued its revised AC entitled
``Standards for Airport Sign Systems.'' The FAA estimated that it would
take several years at a minimum for certificated airports to comply
with Sec. 139.311(a)(3) because of the lead time required to produce
and install the new sign systems. Hence, certificated airports, through
no fault of their own, would not be able to meet the requirements of
Sec. 139.311(a)(3) for several years. The FAA decided that instead of
issuing approximately 600 exemptions, the appropriate response was to
revise the regulations to extend the compliance date for
Sec. 139.311(a)(3). The 1991 date for compliance for the other marking
and lighting requirements was retained.
On April 24, 1992, the FAA issued a final rule (57 FR 15162)
extending the compliance date with Sec. 139.311(a)(3) to January 1,
1994. The FAA knew that this was a very ambitious target date.
Therefore, in this final rule, which was issued without a prior notice
of proposed rulemaking, the FAA requested comments from the public as
to the reasonableness of the new deadline. This was done to allow the
FAA the opportunity to further extend the compliance date if necessary.
The FAA received two comments; one from the Air Line Pilots Association
(ALPA) and one from the State of Alaska Department of Transportation
and Public Facilities (Alaska). ALPA supported the extension and
encouraged the FAA to remain steadfast in its implementation of
Sec. 139.311(a)(3). Alaska had several concerns with the established
compliance date of January 1, 1994. First, Alaska stated that they had
27 certificated airports that needed to be brought into compliance. Due
to the high demand for signs across the country, manufacturers would
not be able to provide the materials to these 27 airports in a time
frame which would allow them to meet the new deadline. Alaska also was
concerned with securing the funding necessary to install new signs by
January 1, 1994. Because they rely almost entirely on federal Airport
Improvement Program (AIP) funds for all capital improvement projects,
they would have to defer other, more critical, safety related projects
in order to meet the new signage installation timeframe. Therefore,
Alaska recommended that, at the earliest, the installation timeframe be
January 1, 1996.
The FAA agrees substantially with both commenters. While it is
important that every reasonable effort be made to come into compliance
with Sec. 139.311(a)(3), a realistic date is necessary to adequately
provide time for industry to manufacture, and applicable operators to
install, sign system on their airports consistent with the revised AC.
The FAA has determined that the very ambitious January 1, 1994,
compliance deadline was unrealistic. Despite the extraordinary efforts
by both the FAA and operators of part 139 certificated airports, full
compliance has not been possible. An extensive survey by the FAA in the
fall of 1993 indicates that approximately 60% of certificated airports
will be in compliance with Sec. 139.311(a)(3) on January 1, 1994. The
other 40% of certificated airports are working hard towards compliance.
The first step that an airport must do is develop a sign plan in
conjunction with airport users and submit it to the FAA for review and
approval. This process has been completed and all certificated airports
now have approved signs plans.
The FAA has concluded that a combination of factors has prevented
airports from full compliance. First, there are only a handful of
manufacturers of airport signs. As a result, these manufacturers have
order backlogs. Once the signs are ordered, it takes approximately 12-
16 weeks for sign delivery.
Second, implementing the new sign system requirements typically
involves much more than just ordering and erecting the new signs.
Installation at many of the certificated airports requires electrically
rewiring circuits for the runways, taxiways, and signs because the
existing systems cannot handle the increased electrical loads. In some
cases new electrical vaults need to be constructed. In other cases,
electric lines have to be installed where none now exist. This wiring
can encompass significant construction; frequently the wires have to be
installed across runways, taxiways, and other paved areas. This signage
and electrical work is further complicated by the need to keep the
runways and taxiways operational during construction to the maximum
extent possible. An additional factor is the varying construction
seasons from region to region. In some areas the traditional
construction season has been affected by unusual weather disasters,
such as the major flooding that occurred during the summer of 1993 in
the midwest.
Finally, many airports have had to redesignate taxiways that
previously had nonstandard designations. All taxiways on airports
certificated under part 139 will now be designated by a letter(s) of
the alphabet or alpha numeric(s). The process of renaming taxiways
increases the scope of the signage work and requires additional time to
phase in to assure that users have adequate time to familiarize
themselves with the new designations.
The FAA has concluded that a further extension until January 1,
1995, for compliance with the sign installation requirements of
Sec. 139.311(a)(3) is necessary and reasonable. The time extension will
obviate the need for numerous exemptions to airport operators. This
extension is not expected or intended to delay the date by which the
actual signage work will be completed. The FAA does not intend to grant
any further extension to the rule deadline.
International Civil Aviation Organization (ICAO) and Joint Aviation
Regulations
The FAA has determined that a review of the Convention on
International Civil Aviation Standards and Recommended Practices is not
warranted because this rule merely extends the compliance date of an
earlier final rule that incorporated the recommendations and standards
proposed by ICAO for new sign systems through Advisory Circular 150/
5340-18C entitled ``Standards for Airport Sign Systems.''
Paperwork Reduction Act Approval
This final rule will not change the reporting requirements.
Therefore, in accordance with the Paperwork Reduction Act of 1980,
(Pub. L. 96-511), there are no additional requirements for information
collection associated with this final rule.
Economic Evaluation
The FAA has determined that this rule is not significant as defined
by Executive Order 12866. Therefore, no Regulatory Impact Analysis is
required. Nevertheless, in accordance with Department of Transportation
policies and procedures, the FAA has evaluated the economic and
technical feasibility of this final rule, which is summarized below.
This final rule amendment would amend the compliance date for
certain airport signs required by the FAA from January 1, 1995. The
current rule has a deadline of January 1, 1994. Approximately 40% of
the certificated airports are still not able to comply for reasons
beyond their control.
This rule will not impose any costs on society by extending the
compliance date. There will be no incremental costs associated with
this final rule since only the date for compliance is being extended.
The FAA has concluded that there will be no degradation of safety as
all certificated airports have installed the more critical safety-
related signs required under part 139. In addition, the 40% of
certificated airports that have not yet installed the remaining
required signs are working on an expedited basis to remedy the
situation.
The FAA has concluded that the rule change will be cost beneficial
because unquantifiable benefits in the form of less disruption and more
opportunities for minimizing compliance costs for airport operators can
be achieved without compromising airport safety.
International Trade Impact Analysis
This rule will affect domestic airport operators, primarily. The
rule will have no impact on trade for U.S. firms doing business
overseas or for foreign firms doing business in the United States.
There are no expected additional annual costs associated with this rule
and, therefore, it should not create an economic disadvantage to either
domestic or foreign air carriers operating in the United States.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) was enacted by
Congress to ensure that small entities are not unnecessarily burdened
by government regulations. The RFA requires a Regulatory Flexibility
Analysis if a rule has a significant economic impact, either
detrimental or beneficial, on a substantial number of small entities.
The FAA's criterion for a ``substantial number'' is a number that is
not less than 11 and that is more than one third of the small entities
subject to the rule. The size threshold annualized cost level in
December 1983 dollars is $5,400 for airports. Using the GNP Price
deflator and adjusting to 1990 values, this threshold becomes $7,387.
The rule is of a cost-relieving nature and would therefore afford
cost savings to small airport sponsors. The impact of the cost of
complying with the sign requirements are expected to be quite small,
however, since operators will still be expected to meet the same
requirements.
Federalism Impact
The final rule adopted herein will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this rule
does not have sufficient federalism implications to warrant preparation
of a Federalism Assessment.
Conclusion
For the reasons discussed in the preamble, the FAA has determined
that this final rule is not significant under Executive Order 12866;
nor is it significant under the Department of Transportation Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). It is
certified that under the criteria of the Regulatory Flexibility Act
this rule will not have a significant economic impact, positive or
negative, on a substantial number of small entities. Because of the
negligible costs resulting from this rule, the FAA has determined that
the expected impact of these regulations is so minimal that they do not
warrant a full regulatory evaluation.
Reason for Immediate Adoption
This rule is being adopted immediately in response to comments
received on an earlier issued final rule without prior public notice
and comment. This rule requires immediate adoption to amend and expired
regulatory compliance date, which has been an unintended burden on
airport operators. By immediately adopting this amendment, the FAA
alleviates the burden and cost to airport operators to request, and the
FAA to process, petitions for exemption. As stated above, an amendment
of the compliance date is necessary to adequately provide time for
industry to manufacture and applicable airports to install sign
systems.
List of Subjects in 14 CFR Part 139
Air carriers, Airports, Aviation safety, Reporting and
recordkeeping requirements.
The Amendment
Accordingly, the FAA amends part 139 of the Federal Aviation
Regulations (14 CFR part 139) as follows:
PART 139--[AMENDED]
1. The authority citation for part 139 continues to read as
follows:
Authority: 49 U.S.C. App. 1354(a) and 1432; 49 U.S.C. 106(g).
2. Part 139 is amended by revising Sec. 139.311(f) to read as
follows:
Sec. 139.311 Marking and Lighting.
* * * * *
(f) Notwithstanding paragraph (a) of this section, a certificate
holder is not required to provide the identified signs in paragraph
(a)(3) of this section until January 1, 1995. Each certificate holder
shall maintain each marking system that meets paragraph (a)(3) of this
section.
David R. Hinson,
Administrator.
[FR Doc. 94-3241 Filed 2-11-94; 8:45 am]
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