[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





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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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