[Federal Register Volume 69, Number 37 (Wednesday, February 25, 2004)]
[Proposed Rules]
[Pages 8575-8576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4171]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 69, No. 37 / Wednesday, February 25, 2004 / 
Proposed Rules  

[[Page 8575]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Chapters I and III

[Docket No. FAA-2004-17168]


Review of Existing Regulations

AGENCY: Federal Aviation Administration, (FAA), DOT.

ACTION: Request for comments.

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SUMMARY: The FAA requests comments from the public to identify those 
regulations currently in effect that we should amend, remove, or 
simplify. We are publishing this notice under our ongoing regulatory 
review program required by Executive Order 12866. Getting public 
comments is a necessary element of our effort to make our regulations 
more effective and less burdensome.

DATES: Send comments to reach us by May 25, 2004.

ADDRESSES: You may send comments identified by Docket Number FAA-2004-
17168 using any of the following methods:
     DOT Docket Web site: Go to http://dms.dot.gov 
and follow the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to 
http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC 20590-001. Note: Due to suspension of mail 
delivery to DOT headquarters facilities, we encourage commenters to 
file comments electronically.
     Fax: 1-202-493-2251.
     Hand Delivery: Room PL-401 on the plaza level of 
the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For more information on the rulemaking process, see the 
SUPPLEMENTARY INFORMATION section of this document.
    Privacy: We will post all comments we receive, without change, to 
http://dms.dot.gov, including any personal information you provide. For 
more information, see the Privacy Act discussion in the SUPPLEMENTARY 
INFORMATION section of this document.
    Docket: To read background documents or comments received, go to 
http://dms.dot.gov at any time or to Room PL-401 on the plaza level of 
the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Patrick W. Boyd, Office of Rulemaking, 
Federal Aviation Administration, 800 Independence Ave., SW., 
Washington, DC 20591; telephone (202) 267-7320, facsimile (202) 267-
5075.

SUPPLEMENTARY INFORMATION:

Background

    Congress has authorized the Secretary of Transportation, and by 
delegation, the Administrator of the Federal Aviation Administration 
(FAA) to do the following, among other things:
     Develop and maintain a sound regulatory system 
that is responsive to the needs of the public,
     Regulate air commerce in a way that best 
promotes safety and fulfills national defense requirements, and
     Oversee, license, and regulate commercial launch 
and reentry activities and the operation of launch and reentry sites as 
carried out by U.S. citizens or within the United States. Anyone 
interested in further information about FAA's authority and 
responsibilities should refer to Title 49 of the United States Code, 
particularly Subtitle VII, Aviation Programs.
    For many years, the FAA has maintained an active regulatory review 
program:
     In 1992, the President announced a regulatory 
review to ``weed out unnecessary and burdensome government regulations, 
which impose needless costs on consumers and substantially impede 
economic growth.'' In response to a request for public comments 
published in the Federal Register (57 FR 4744), the FAA received more 
than 300 comments.
     In August 1993, the National Commission to 
Ensure a Strong Competitive Airline Industry recommended the FAA 
undertake a short-range regulatory review to remove or amend existing 
regulations to reduce regulatory burdens consistent with safety and 
security considerations.
     In September 1993, section 5 of Executive Order 
12866 (58 FR 5173) required each agency to submit a program to the 
Office of Management and Budget by December 31, 1993, under which the 
agency will periodically review its existing significant regulations to 
determine whether any should be changed or removed.
     In January 1994, the FAA published a request for 
public comments in response to the Commission recommendation and to 
facilitate the review envisioned by E.O. 12866 (59 FR 1362). We 
received more than 400 comments from 184 commenters.
     In August 1995, the FAA published its proposed 
plan for periodic regulatory reviews for comment (60 FR 44142).
     In October 1996, the FAA adopted its current 
plan for periodic regulatory reviews based on a three-year cycle (61 FR 
53610).
     In February 1997, the White House Commission on 
Aviation Safety and Security recommended the FAA simplify its 
regulations.
     In May 1997, the FAA published its first request 
for comments under the three-year review program and in accord with the 
Commission recommendation (62 FR 26894). We received 82 comments and 
published results of the review in October 1998 (63 FR 56540).
     In July 2000, the FAA began the second round of 
regulatory review under the three-year program (65 FR 43265). We 
received 476 comments and published results of the review in January 
2002 (67 FR 4680).
    In summary, since 1992 the FAA has completed four rounds of 
regulatory review and has received more than 1,250 comments. Currently, 
we have begun a comprehensive regulatory review of 14 CFR parts 125 and 
135 to respond to industry dynamics, new technologies, new aircraft 
types and configurations, and current operating issues and environment 
(68 FR 5488).

Request for Comments

    As part of its ongoing plan for periodic regulatory reviews, the 
FAA is requesting the public identify three regulations, in priority 
order, that it

[[Page 8576]]

believes we should amend or eliminate. To avoid duplication of effort, 
we ask the public to direct any comments concerning 14 CFR parts 125 
and 135 to the address included in the February 3, 2003, notice 
announcing that special review (68 FR 5488). Also, readers should note 
that this is the first periodic regulatory review that specifically 
includes 14 CFR Chapter III, the regulations governing commercial space 
transportation. In earlier review cycles, the FAA requested comments 
only on 14 CFR Chapter I.
    Our goal is to identify regulations that impose undue regulatory 
burden; are no longer necessary; or overlay, duplicate, or conflict 
with other Federal regulations. In order to focus on areas of greatest 
interest, and to effectively manage agency resources, the FAA asks that 
commenters responding to this notice limit their input to three issues 
they consider most urgent, and to list them in priority order.
    The FAA will review the issues addressed by the commenters against 
its regulatory agenda and rulemaking program efforts and adjust its 
regulatory priorities consistent with its statutory responsibilities. 
At the end of this process, the FAA will publish a summary and general 
disposition of comments and indicate, where appropriate, how we will 
adjust our regulatory priorities.
    Also, we request the public provide any specific suggestions where 
rules could be developed as performance-based rather than prescriptive, 
and any specific plain-language that might be used, and provide 
suggested language on how those rules should be written.

    Issued in Washington DC, on February 20, 2004.
Nick Sabatini,
Associate Administrator for Regulation and Certification.
[FR Doc. 04-4171 Filed 2-24-04; 8:45 am]
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