Report on DOT Significant Rulemakings

Federal Aviation Administration

Federal Aviation Administration

1. 

Popular Title: Air Tour Safety

RIN 2120-AF07

Stage: Final Rule

Previous Stage: NPRM: Publication Date 10/22/03; End of Comment Period 01/20/04; Extension of Comment Period 01/16/04; End of Extended Comment Period 04/19/04; Extension of Comment Period/2 04/20/04; End of Extended Comment Period/2 06/18/04.

Abstract: This rulemaking will consider new regulations for air tour and sightseeing operations that are currently allowed to operate under less stringent regulations than those applied to other types of commercial operations. Hot air balloons and gliders would not be included in this amendment.

Effects:

Prompting action: None

Rulemaking Project Initiated: 04/25/1994

Dates for Final Rule:

Federal Register Citation for Final Rule: None

Federal Aviation Administration

2. 

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 regulations on duty period limitations, flight time limitations, and rest requirements for flight crewmembers engaged in air transportation. The FAA proposes additional changes in response to comments received on the NPRM. The changes are necessary to ensure that the rules will continue to provide the minimum level of safety. This rulemaking responds to public and congressional interest in regulating flight crewmember rest requirements, NTSB Safety Recommendations, petitions for rulemaking, and scientific data. This action is considered significant because of substantial public interest.

Effects:

Prompting action: None

Rulemaking Project Initiated: 11/28/1995

Dates for Undetermined:

Federal Register Citation for Undetermined: None

Federal Aviation Administration

3. 

Popular Title: Licensing Space Launches

RIN 2120-AG37

Stage: Final Rule

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 action would establish requirements for licensing the conduct of a launch from a non-Federal launch site. The law requires anyone who proposes to conduct a launch within the United States, or a U.S. citizen proposing to conduct a launch from a site outside the United States, to obtain a license from DOT. This action would govern obtaining a license to conduct such a launch. Currently, commercial rocket launches take place from Federal Government installations operated by the Department of Defense and NASA. This action would also establish safety standards for launches from federal launch ranges and non-federal launch sites.

Effects:

Prompting action: None

Rulemaking Project Initiated: 01/17/1999

Dates for Final Rule:

Federal Register Citation for Final Rule: None

Federal Aviation Administration

4. 

Popular Title: Digital Flight Data Recorder/B-737

RIN 2120-AG87

Stage: SNPRM

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

Abstract: This 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 investigation of the 1994 USAir FLight 427 accident. This rulemaking is significant because of substantial public interest. A final rule had been scheduled for August 11, 2000. Since publication of the NPRM, the FAA has mandated significant changes to the rudder system on 737s. Accordingly, the proposed rule would apply to a different set of airplanes than originally anticipated. The FAA is requesting comment on this change in applicability and is requesting updated economic information about the installation of the proposed monitoring equipment.

Effects:

Prompting action: None

Rulemaking Project Initiated: 02/15/1999

Dates for SNPRM:

Federal Register Citation for SNPRM: None

Federal Aviation Administration

5. 

Popular Title: Transponder Continuous Operation

RIN 2120-AH67

Stage: Undetermined

Previous Stage: NPRM: Publication Date 1/14/2003; End of Comment Period 3/17/2003; Extension of Comment Period 3/18/2003; End of Extended Comment Period 4/18/2003.

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 believed that this capability would help provide ATC personnel with more time to initiate a national security response to a potential airplane hijack situation. However, following a review of the comments, the FAA is considering withdrawing the NPRM because of uncertainty about whether it is justified. The FAA had previously scheduled a withdrawal for publication on October 14, 2003.

Effects:

Prompting action: Secretarial/Head of Operating Administration Decision

Rulemaking Project Initiated: 10/01/2001

Dates for Undetermined:

Federal Register Citation for Undetermined: None

Federal Aviation Administration

6. 

Popular Title: Cockpit Voice Recorder

RIN 2120-AH88

Stage: Final Rule

Previous Stage: NPRM: Publication Date 02/28/2005; End of Comment Period 04/29/2005; Extension of Comment Period 06/28/2005.

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 parameters; 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 communications received by an aircraft be recorded.

Effects:

Prompting action: None

Rulemaking Project Initiated: 08/30/1999

Dates for Final Rule:

Federal Register Citation for Final Rule: None

Federal Aviation Administration

7. 

Popular Title: ETOPS

RIN 2120-AI03

Stage: Final Rule

Previous Stage: NPRM: Publication Date 11/17/03; End of Comment Period 1/13/04; Extension of Comment Period 01/15/04; End of Extension of Comment Period 3/15/04.

Abstract: This rulemaking would govern the design, maintenance, and operation of airplanes and engines for flights that go certain long distances beyond an adequate airport. This rulemaking would extend some requirements that previously applied only to two-engine airplanes to airplanes with more than two engines. This rulemaking would implement existing best practices and policy, industry recommendations and international standards to assure that long-range flight will operate safely.

Effects:

Prompting action: None

Rulemaking Project Initiated: 08/10/2000

Dates for Final Rule:

Federal Register Citation for Final Rule: None

Federal Aviation Administration

8. 

Popular Title: Aging Aircraft Widespread Fatigue

RIN 2120-AI05

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would require incorporation of a program to preclude widespread fatigue damage into the FAA-approved maintenance program of each operator of large transport category airplanes. This action is the result of concern for the continued operational safety of airplanes that are approaching or have exceeded their design service goal. This rulemaking would require a limit of validity in flight cycles or hours of the structural maintenance program, where the operator must incorporate added inspections and/or modification/replacement actions into its maintenance program to allow continued operation.

Effects:

Prompting action: None

Rulemaking Project Initiated: 06/15/1999

Dates for NPRM:

Federal Register Citation for NPRM: 71 FR 19927

Federal Aviation Administration

9. 

Popular Title: Crew Monitoring

RIN 2120-AI16

Stage: Final Rule

Previous Stage: NPRM: Publication Date 09/21/2005; End of Comment Period 11/21/2005.

Abstract: This rulemaking would require passenger-carrying transport category airplanes used in domestic, flag, and supplemental operations to have a means to allow the flightcrew to visually monitor the door area outside the flightdeck. This would allow the flightcrew to identify persons requesting entry into the flightdeck, and to detect suspicious behavior or potential threats. In addition, operations requiring the presence of flight attendants, the rulemaking would require that the flight attendants have a means to discreetly notify the flightcrew of suspicious activity or security breaches in the cabin. The rulemaking would address standards adopted by the International Civil Aviation Organization following the September 11, 2001, terrorist attacks.

Effects:

Prompting action: International Agreement

Rulemaking Project Initiated: 08/22/2002

Dates for Final Rule:

Federal Register Citation for Final Rule: None

Federal Aviation Administration

10. 

Popular Title: DC Flight Rules

RIN 2120-AI17

Stage: Undetermined

Previous Stage: NPRM: Publication Date: 08/04/2005; End of Comment Period 11/02/2005; Publication Date for Extension of Commnet Period 11/07/2005; End of Extended Comment Period 02/06/2006.

Abstract: This rulemaking will codify restrictions for certain aircraft operations in the Washington, DC Metropolitan Area. This action is necessary because of the ongoing threat of terrorist attacks. The FAA intends by this action to help the Department of Homeland Security and the Department of Defense protect national assets in the National Capital region.

Effects:

Prompting action: None

Rulemaking Project Initiated: 08/18/2003

Dates for Undetermined:

Federal Register Citation for Undetermined: None

Federal Aviation Administration

11. 

Popular Title: Fuel Tank Flammability/Inerting

RIN 2120-AI23

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking will require that flammability reduction means be incorporated into existing airplanes, newly manufactured airplanes, and new designs. It establishes new design standards for future and pending applications for type certification as well as new operating rules for retrofitting existing airplanes.

Effects:

Prompting action: None

Rulemaking Project Initiated: 02/17/2004

Dates for NPRM:

Federal Register Citation for NPRM: 70 FR 70922

Federal Aviation Administration

12. 

Popular Title: EAPAS

RIN 2120-AI31

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would change wiring system and fuel tank system requirements for transport category airplanes. It would organize and clarify design requirements for wire systems, by moving existing regulatory references to wiring into a single section of the regulations specifically for wiring and adding new certification rules to address aging issues in wire systems. This rulemaking would require holders of type certificates for certain transport category airplanes to conduct analyses and make necessary changes to existing Instruction for Continued Airworthiness (ICA) to improve maintenance procedures for wire systems. It would require operators to incorporate those ICA for wiring into their maintenance or inspection programs. It would also clarify requirements of certain existing operational rules for operators to incorporate ICA for fuel tank systems into their maintenance or inspection programs. The intent of this rule is to help ensure the continued safety of commercial airplanes by improving the design, installation, and maintenance of their electrical wiring systems as well as by aligning those requirements as closely as possible with the requirements for fuel tank system safety.

Effects:

Prompting action: None

Rulemaking Project Initiated: 05/28/2001

Dates for NPRM:

Federal Register Citation for NPRM: 70 FR 58507

Federal Aviation Administration

13. 

Popular Title: Drug Enf Assistance

RIN 2120-AI43

Stage: NPRM

Previous Stage:None

Abstract: This rule would amend airmen certification and aircraft registration requirements. Two years after the final rule becomes effective, paper pilot certificates may no longer be used to exercise piloting privileges. Five years after the final rule becomes effective, certain other paper airmen certificates, such as those of flight engineers and mechanics, may no longer be used to exercise the privileges authorized by those certificates. To exercise the privileges after those respective dates, the airmen would have to hold upgraded, counterfeit-resistant plastic certificates. Student pilots would not be affected. In addition, those who transfer ownership of U.S.-registered aircraft would have five days from the transaction to notify the FAA Aircraft Registry. Those who apply for aircraft registration would have to include their printed or typed name with their signature. These changes are responsive to concerns raised in the FAA Drug Enforcement Assistance Act. The purpose of the changes is to upgrade the quality of data and documents to assist Federal, State, and local agencies to enforce the Nation's drug laws.

Effects:

Prompting action: Statute

Rulemaking Project Initiated: 08/06/2004

Dates for NPRM:

Federal Register Citation for NPRM: None

Federal Aviation Administration

14. 

Popular Title: O'Hare Airport

RIN 2120-AI51

Stage: Final Rule

Previous Stage: NPRM: Publication Date 03/25/2005; End of Comment Period 05/24/2005.

Abstract: This rulemaking will create operational limits on the number of peak hour arrivals at O'Hare International Airport (ORD) as an interim measure to manage congestion and delays. This rulemaking replaces the Administrator's August 2004 order with slightly different requirements. The rulemaking will alter and extend the limitations on arrivals into O'Hare while we continue to consider various market-based mechanisms to allocate capacity and evaluate the impact of the O'Hare modernization plan (OMP) and its goal of increasing capacity. The rulemaking is intended to be temporary and sunset on October 31, 2008.

Effects:

Prompting action: None

Rulemaking Project Initiated: 09/08/2004

Dates for Final Rule:

Federal Register Citation for Final Rule: None

Federal Aviation Administration

15. 

Popular Title: Part 145

RIN 2120-AI53

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking will amend the regulations for repair stations by revising the system of ratings and requiring repair stations to establish a quality program. This rulemaking will add changes critical to maintaining safety. These include: requiring a repair station to maintain a capability list; requiring a repair station to designate a chief inspector; requiring permanent housing for all repair stations for their facilities, equipment, materials, and personnel; and identifying reasons for denying a repair station certificate, especially when a previously held certificate has been revoked. In addition, the rulemaking will clarify recent revisions to the repair station regulations. This action is necessary to reflect changes in aviation technology and repair station business practices.

Effects:

Prompting action: None

Rulemaking Project Initiated: 09/18/2001

Dates for NPRM:

Federal Register Citation for NPRM: None

Federal Aviation Administration

16. 

Popular Title: Reusable Launch Vehicles

RIN 2120-AI56

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking will define the process and standards for the issuance and maintenance of an Experimental Permit. An experimental permit will authorize the launch of developmental reusable suborbital rockets. The purpose of an experimental permit is to allow launches of developmental reusable suborbital rockets with less regulatory burden on the launch operator than would otherwise be the case with a traditional license.

Effects:

Prompting action: Statute

Rulemaking Project Initiated: 01/25/2005

Dates for NPRM:

Federal Register Citation for NPRM: 71 FR 16251

Federal Aviation Administration

17. 

Popular Title: Human Space Flight

RIN 2120-AI57

Stage: Final Rule

Previous Stage: NPRM: Publication Date 12/29/2005; End of Comment Period 2/27/2006.

Abstract: This rulemaking would establish requirements for crew qualifications, training, and notification. It also would establish training and informed consent requirements for space flight participants. The requirements are designed to provide an acceptable level of safety to the general public and to notify individuals on board of the risks associated with a launch or reentry. The rulemaking also would modify existing financial responsibility and waiver of liability requirements to account for the FAA's new authority to regulate space flight participants and crew, and to issue experimental permits.

Effects:

Prompting action: Statute

Rulemaking Project Initiated: 01/25/2005

Dates for Final Rule:

Federal Register Citation for Final Rule: None

Federal Aviation Administration

18. 

Popular Title: Special Training for DC ADIZ

RIN 2120-AI63

Stage: NPRM

Previous Stage:None

Abstract: This rule would establish training requirements for any pilot who flies under visual flight rules within 100 nautical miles of Ronald Reagan Washington National Airport's omni-directional range/distance measuring equipment. The training primarily focuses on the procedures for flying in and around Washington, DC's Special Flight Rules Area and Flight Restricted Zone.

Effects:

Prompting action: None

Rulemaking Project Initiated: 08/10/2005

Dates for NPRM:

Federal Register Citation for NPRM: None

Federal Aviation Administration

19. 

Popular Title: Security Considerations

RIN 2120-AI66

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would implement certain security related requirements governing the design of transport category airplanes. The requirements would provide improved airplane design features and greater protection of the cabin, flightdeck, and cargo compartments from the detonation of explosive or incendiary devices, penetration by projectiles, and intrusion by unauthorized persons. The FAA would also require operators to establish a "least risk bomb location" on all affected airplanes and to incorporate certain information into relevant operator's manuals. This rule would adopt several International Civil Aviation Organization standards and harmonize FAA and international regulations.

Effects:

Prompting action: None

Rulemaking Project Initiated: 06/04/2001

Dates for NPRM:

Federal Register Citation for NPRM: None

Federal Aviation Administration

20. 

Popular Title: LaGuardia Airport

RIN 2120-AI70

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would propose a new rule to address the potential for increased congestion and delay at New York's LaGuardia Airport (Laguardia) when the High Density Rule (HDR) expires there on January 1, 2007. The rulemaking, if adopted, would establish an operational limit on the number of aircraft landing and taking off at the airport. To offset the effect of this limit, the proposed rule would increase utilization of the airport by encouraging the use of larger aircraft through implementing an airport-wide, average aircraft size requirement designed to increase the number of passengers that may use the airport within the overall proposed operational limits.

Effects:

Prompting action: None

Rulemaking Project Initiated: 08/04/2005

Dates for NPRM:

Federal Register Citation for NPRM: None

Federal Aviation Administration

21. 

Popular Title: Filtered Flight Data

RIN 2120-AI79

Stage: NPRM

Previous Stage: