[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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