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Report on DOT Significant Rulemakings

Table of Contents

Federal Aviation Administration

1. Revisions to Digital Flight Data Recorder Regulations for B-737 Airplanes and for Part 125 Operators

2. Aging Aircraft Program (Widespread Fatigue Damage)

3. Washington, DC, Metropolitan Area Special Flight Rules Area

4. Transport Airplane Fuel Tank Flammability Reduction

5. Part 145: Repair Stations--Ratings and Quality System

6. Special Awareness Training for the Washington, DC Metropolitan Area

7. Security Related Considerations in the Design and Operation of Transport Category Airplanes

8. Congestion Management Rule for LaGuardia Airport

9. Commuter Operations in Very Light Jets (VLJS)

10. Re-registration and Renewal of Aircraft Registration

11. Automatic Dependent Surveillance - Broadcast (ADS-B) Equipage Mandate To Support Air Traffic Control Service

12. Flight Crewmember Duty Limitations and Rest Requirements

13. Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers

14. Part 91 - General Operating and Flight Rules (Section 610 Review)

15. Congestion Management Rule for John F. Kennedy International Airport and Newark Liberty International Airport



Federal Aviation Administration
Federal Aviation Administration
1. 
Revisions to Digital Flight Data Recorder Regulations for B-737 Airplanes and for Part 125 Operators Red
Popular Title: Digital Flight Data Recorder/B-737
RIN 2120-AG87
Stage: Final Rule
Previous Stage: NPRM: Publication Date 11/18/1999; End of Comment Period 12/20/1999; SNPRM Publication Date 09/05/06; End of Comment Period 12/04/06
Abstract: This rulemaking would amend the digital flight data recorder rules for transport category airplanes to add a requirement for all Boeing 737 (B-737) series airplanes to record additional flight data parameters. This amendment is based on safety recommendations issued by the National Transportation Safety Board following the investigation of the 1994 USAir Flight 427 accident. A final rule had been scheduled for August 11, 2000.
Effects:
  None
Prompting action: None
Legal Deadline: None
Rulemaking Project Initiated: 02/15/1999
Docket Number: FAA-1999-6482
Dates for Final Rule:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 05/29/2000  11/03/3000  10/25/2000 
To OMB 06/28/2000  12/04/2000  12/26/2000 
Returned by OMB     09/18/2001 
Resubmitted to OST   04/30/2004  05/04/2004 
Returned to Mode     09/08/2004 
Resubmitted to OST/3   12/01/2004  11/08/2004 
Resubmitted to OST/4     03/07/2005 
Returned to Mode/2     06/13/2005 
Resubmitted to OST/5   06/12/2008   
Resubmitted to OMB   07/15/2008   
OMB Clearance 07/28/2000  10/13/2008   
Publication Date 08/11/2000  10/30/2008   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for Final Rule: None


Federal Aviation Administration
2. 
Aging Aircraft Program (Widespread Fatigue Damage) Red
Popular Title: Aging Aircraft Widespread Fatigue
RIN 2120-AI05
Stage: Final Rule
Previous Stage: NPRM: Publication Date 4/18/2006; End of Comment Period 7/17/2006; Extended Comment Period 7/17/2006; End of Extended Comment Period 9/18/2006.
Abstract: This rulemaking would require design approval holders to establish limits of validity (LOVs) of the engineering data that support the maintenance programs for certain transport category airplanes, and it would require them to determine if maintenance actions are needed to prevent widespread fatigue damage before an airplane reaches its LOV. This rulemaking would require operators of any affected airplane to incorporate the LOV into the airworthiness limitations section of the instructions for continued airworthiness. This rulemaking would also prohibit operation of an affected airplane beyond the LOV, unless an operator has incorporated an extended LOV and any necessary service information into its maintenance program.
Effects:
  EU
NAFTA
Foreign
Prompting action: None
Legal Deadline: None
Rulemaking Project Initiated: 02/14/2004
Docket Number: FAA-2006-24281
Dates for Final Rule:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 05/14/2007  06/24/2008   
To OMB 06/20/2007  07/25/2008   
OMB Clearance 09/20/2007  10/27/2008   
Publication Date 09/28/2007  11/12/2008   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for Final Rule: None


Federal Aviation Administration
3. 
Washington, DC, Metropolitan Area Special Flight Rules Area Green
Popular Title: DC Flight Rules
RIN 2120-AI17
Stage: Final Rule
Previous Stage: NPRM: Publication Date: 08/04/2005; End of Comment Period 11/02/2005; Publication Date for Extension of Comment Period 11/07/2005; End of Extended Comment Period 02/06/2006.
Abstract: This rulemaking would 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. We are developing the rule in conjunction with the Department of Defense and Department of Homeland Security.
Effects:
  Regulatory Flexibility Act
Prompting action: None
Legal Deadline: None
Rulemaking Project Initiated: 08/18/2003
Docket Number: FAA-2004-17005
Dates for Final Rule:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 10/31/2008     
To OMB 11/26/2008     
OMB Clearance 01/08/2009     
Publication Date 01/16/2006     
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


Federal Aviation Administration
4. 
Transport Airplane Fuel Tank Flammability Reduction Red
Popular Title: Fuel Tank Flammability/Inerting
RIN 2120-AI23
Stage: Final Rule
Previous Stage: NPRM: Publication Date 11/23/2006; End of Comment Period 3/23/2006; Extension of Comment Period 3/21/2006; End of Extended Comment Period 5/08/2006. NPRM: Publication Date 11/23/2005;End of Comment Period 03/23/2006;Extension of Comment Period 03/21/2006;End of Extended Comment Period 05/08/2006.
Abstract: This rulemaking would 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:
  Economically Significant
Major
Regulatory Flexibility Act
EU
NAFTA
Foreign
Prompting action: None
Legal Deadline: None
Rulemaking Project Initiated: 02/17/2004
Docket Number: FAA-2005-22997
Dates for Final Rule:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 05/14/2007  06/26/2007  07/13/2007 
Returned to Mode     08/13/2007 
Resubmitted to OST     08/27/2007 
Returned to Mode/2     09/10/2007 
Resubmitted to OST/2     09/25/2007 
To OMB 06/20/2007  02/08/2008  02/15/2008 
OMB Clearance 09/20/2007  06/13/2008   
Publication Date 09/28/2007  06/20/2008   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for Final Rule: None


Federal Aviation Administration
5. 
Part 145: Repair Stations--Ratings and Quality System Green
Popular Title: Part 145
RIN 2120-AI53
Stage: Final Rule
Previous Stage:None
Abstract: This rulemaking would amend the regulations for repair stations by revising the system of ratings and requiring repair stations to establish a quality program. This rulemaking would 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 would clarify recent revisions to the repair station regulations. This action is necessary to reflect changes in aviation technology and repair station business practices.
Effects:
  EU
NAFTA
Foreign
Prompting action: None
Legal Deadline: None
Rulemaking Project Initiated: 09/18/2001
Docket Number: FAA-2006-26408
Dates for Final Rule:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 11/18/2008  02/13/2009   
To OMB 01/20/2009  04/14/2009   
OMB Clearance 03/20/2009  06/16/2009   
Publication Date 03/25/2009  06/24/2009   
Explanation for any delay: Awaiting development of additional data
Federal Register Citation for Final Rule: None


Federal Aviation Administration
6. 
Special Awareness Training for the Washington, DC Metropolitan Area Green
Popular Title: Special Training for DC ADIZ
RIN 2120-AI63
Stage: Final Rule
Previous Stage: NPRM: Publication date 7/5/2006; End of Comment Period 9/5/2006.
Abstract: This rulemaking 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. This rulemaking has been downgraded and will not appear on next month's report.
Effects:
  None
Prompting action: None
Legal Deadline: None
Rulemaking Project Initiated: 08/10/2005
Docket Number: FAA-2006-25250
Dates for Final Rule:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 06/19/2008     
To OMB 07/21/2008     
OMB Clearance 10/20/2008     
Publication Date 11/03/2008  07/17/2008   
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


Federal Aviation Administration
7. 
Security Related Considerations in the Design and Operation of Transport Category Airplanes Green
Popular Title: Security Considerations
RIN 2120-AI66
Stage: Final Rule
Previous Stage: NPRM: Publication Date 01/05/07; End of Comment Period 04/05/07
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 manuals. This rule would adopt several International Civil Aviation Organization standards and harmonize FAA and international regulations.
Effects:
  EU
NAFTA
Foreign
Prompting action: None
Legal Deadline: None
Rulemaking Project Initiated: 06/04/2001
Docket Number: FAA-2006-26722
Dates for Final Rule:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 04/24/2008  06/06/2008  05/30/2008 
To OMB 05/29/2008  07/07/2008   
OMB Clearance 09/01/2008  10/08/2008   
Publication Date 09/18/2008  10/22/2008   
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


Federal Aviation Administration
8. 
Congestion Management Rule for LaGuardia Airport Green
Popular Title: LaGuardia Airport
RIN 2120-AI70
Stage: SNPRM
Previous Stage: NPRM: Publication Date 08/09/06; End of Comment Period 10/30/06; Comment Period Extended 10/24/06; End of Extended Comment Period 12/26/06.
Abstract: This rulemaking would provide a long-term solution to increased congestion and delay at New York´s LaGuardia Airport (LaGuardia). The rulemaking, if adopted, would establish an operational limit on the number of aircraft landing and taking off at the airport. The rulemaking would also allocate the majority of operations as slots to current operators at the airport and stimulate a market by auctioning off a limited number of slots.
Effects:
  Economically Significant
Major
Information Collection
Prompting action: None
Legal Deadline: None
Rulemaking Project Initiated: 08/04/2005
Docket Number: FAA-2006-25709
Dates for SNPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 03/21/2008    03/21/2008 
To OMB 03/31/2008    03/27/2008 
OMB Clearance 05/01/2008    04/14/2008 
Publication Date 05/01/2008    04/17/2008 
End of Comment Period 07/03/2008    06/16/2008 
Explanation for any delay: N/A
Federal Register Citation for SNPRM: 73 FR 20846


Federal Aviation Administration
9. 
Commuter Operations in Very Light Jets (VLJS) Red
Popular Title: VLJ
RIN 2120-AI84
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would change the operation regulations to accommodate the entry into the airspace system of very light jets. These changes are necessary because of the introduction of a new type of airplane as a result of significant changes in the aviation industry. The rulemaking resulted, in part, from recommendations from the Aviation Rulemaking Committee for Parts 14 CFR 135/125. The rulemaking would cover pilot crew, equipment, training, and dispatch requirements for the safe operation of this new type of airplane.
Effects:
  None
Prompting action: None
Legal Deadline: None
Rulemaking Project Initiated: 03/15/2006
Docket Number:
Dates for NPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 12/29/2006  08/12/2008   
To OMB 01/31/2007  09/24/2008   
OMB Clearance 02/27/2007  12/23/2008   
Publication Date 03/13/2007  01/09/2009   
End of Comment Period 06/13/2007  04/09/2009   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None


Federal Aviation Administration
10. 
Re-registration and Renewal of Aircraft Registration Red
Popular Title: Re-registration & Renewal of Aircraft Registration
RIN 2120-AI89
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would amend requirements concerning the registration of aircraft. The rulemaking is based on the need to increase and maintain the accuracy of aircraft registration information in the Civil Aviation Registry. This rulemaking would ensure aircraft owners periodically provide information regarding changes in registration. The rulemaking would respond to the concerns of law enforcement and other government agencies and would provide more accurate, up-to-date aircraft registration information to all users of the Civil Aviation Registry database.
Effects:
  Information Collection
Prompting action: None
Legal Deadline: None
Rulemaking Project Initiated: 11/30/2004
Docket Number: FAA-2008-0188
Dates for NPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 01/24/2007    01/24/2007 
Returned to Mode     03/07/2007 
Resubmitted to OST   05/11/2007  05/04/2007 
Returned to Mode/2     05/23/2007 
Resubmitted to OST/2   06/15/2007  06/12/2007 
Returned to Mode/3   06/26/2007  06/26/2007 
Resubmitted to OST/3   09/19/2007  09/19/2007 
To OMB 02/24/2007  12/11/2007  11/28/2007 
OMB Clearance 05/24/2007  03/11/2008  02/07/2008 
Publication Date 06/08/2007  03/25/2008  02/28/2008 
End of Comment Period 08/08/2007  06/30/2008  05/28/2008 
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for NPRM: 73 FR 10701


Federal Aviation Administration
11. 
Automatic Dependent Surveillance - Broadcast (ADS-B) Equipage Mandate To Support Air Traffic Control Service Black
Popular Title: ADS-B
RIN 2120-AI92
Stage: Undetermined
Previous Stage: NPRM: Publication Date 10/05/2007; End of Comment Period 11/19/07; Comment Period Extended 01/03/2008; End of Extended Comment Period 03/03/2008.
Abstract: This rulemaking would require Automatic Dependent Surveillance - Broadcast (ADS-B) Out equipment on aircraft to operate in certain classes of airspace within the United States National Airspace System. The rulemaking is necessary to accommodate the expected increase in demand for air transportation, as described in the Next Generation Air Transportation System Integrated Plan. The intended effect of this rule is to provide the Federal Aviation Administration with a comprehensive surveillance system that accommodates the anticipated increase in operations and would provide a platform for additional flight applications and services.
Effects:
  Economically Significant
Major
Regulatory Flexibility Act
EU
NAFTA
Foreign
Prompting action: None
Legal Deadline: None
Rulemaking Project Initiated: 09/26/2006
Docket Number: FAA-2007-29305
Dates for Undetermined:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST      
To OMB      
OMB Clearance      
Publication Date      
End of Comment Period      
Explanation for any delay: N/A
Federal Register Citation for Undetermined: None


Federal Aviation Administration
12. 
Flight Crewmember Duty Limitations and Rest Requirements Black
Popular Title: Duty Limitations And Rest Requirements
RIN 2120-AI93
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 changes would respond to the need 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. The FAA is considering proposing additional changes in response to comments received on the NPRM.
Effects:
  Economically Significant
Major
Unfunded Mandate
Regulatory Flexibility Act
Prompting action: None
Legal Deadline: None
Rulemaking Project Initiated: 11/28/1995
Docket Number:
Dates for Undetermined:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST      
To OMB      
OMB Clearance      
Publication Date      
End of Comment Period      
Explanation for any delay: N/A
Federal Register Citation for Undetermined: None


Federal Aviation Administration
13. 
Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers Red
Popular Title: Part 121, Subparts N and O
RIN 2120-AJ00
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would amend the regulations for crewmember and dispatcher training programs in domestic, flag, and supplemental operations. The rulemaking would enhance traditional training programs by requiring the use of flight simulation training devices for flight crewmembers and including additional training requirements in areas that are critical to safety. The rulemaking would also reorganize and revise the qualification and training requirements. The changes are intended to contribute significantly to reducing aviation accidents.
Effects:
  Regulatory Flexibility Act
Information Collection
Prompting action: None
Legal Deadline: None
Rulemaking Project Initiated: 03/12/1999
Docket Number:
Dates for NPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 04/27/2007  09/28/2007  10/03/2007 
To OMB 05/29/2007  03/03/2008  03/06/2008 
OMB Clearance 08/29/2007  07/03/2008   
Publication Date 09/10/2007  07/17/2008   
End of Comment Period 01/10/2008  08/17/2008   
Explanation for any delay: Other, higher priorities
Federal Register Citation for NPRM: None


Federal Aviation Administration
14. 
Part 91 - General Operating and Flight Rules (Section 610 Review) Black
Popular Title: Part 91 (Section 610 Review)
RIN 2120-AJ13
Stage: ANPRM
Previous Stage:None
Abstract: The FAA conducted a review under section 610 of the Regulatory Flexibility Act for part 91, and RIN 2120-AJ13 has been added to the Agenda to reflect this review. Part 91 governs the operation of aircraft within the United States, including the waters within 3 nautical miles of the U.S. coast.
Effects:
  Regulatory Flexibility Act
Prompting action: None
Legal Deadline: None
Rulemaking Project Initiated: 03/10/2006
Docket Number:
Dates for ANPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST      
To OMB      
OMB Clearance      
Publication Date      
End of Comment Period      
Explanation for any delay: N/A
Federal Register Citation for ANPRM: None


Federal Aviation Administration
15. 
Congestion Management Rule for John F. Kennedy International Airport and Newark Liberty International Airport Green
Popular Title: Congestion Mgt. JFK/Newark Airport
RIN 2120-AJ28
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would establish procedures to address congestion in the New York City area by assigning slots at John F. Kennedy (JFK) and Newark Liberty (Newark) International Airports in a way that allows carriers to respond to market forces to drive efficient airline behavior. This rulemaking would be a companion to a separate rulemaking initiative addressing congestion mitigation at New York´s LaGuardia airport (RIN 2120-AI70). This rulemaking is similar to that rulemaking, but it takes into consideration the characteristics of both JFK and Newark, including the large number of international flights at these airports and our international obligations. This rulemaking would have one of two alternatives to extend the caps on the operations at the two airports, assign to existing operators the majority of slots at the airports, and create a market by annually auctioning off a limited number of slots in each of the first five years of the rule.
Effects:
  Economically Significant
Major
Information Collection
EU
NAFTA
Foreign
Prompting action: None
Legal Deadline: None
Rulemaking Project Initiated: 03/15/2008
Docket Number: FAA-2008-0517
Dates for NPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 05/09/2008    05/09/2008 
To OMB 05/12/2008    05/14/2008 
OMB Clearance 05/12/2008    05/15/2008 
Publication Date 05/13/2008  05/21/2008  05/21/2008 
End of Comment Period 07/14/2008  07/21/2008  07/21/2008 
Explanation for any delay: N/A
Federal Register Citation for NPRM: 73 FR 29625