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

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

6. Congestion Management Rule for LaGuardia Airport

7. Production and Airworthiness Approvals

8. Commuter Operations in Very Light Jets (VLJs)

9. Re-registration and Renewal of Aircraft Registration

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

11. Flight Crewmember Duty Limitations and Rest Requirements

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

13. Part 121 Pilot Age Limit

14. Safety Management Systems (SMS)

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

16. Crew Resources Management Training for Crewmembers and Flight Followers in Part 135 Operations

17. Post Employment Restrictions Applicable to FAA Aviation Safety Inspectors





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 regulations governing flight data recorders to increase the number of digital flight data recorder parameters for all Boeing 737 series airplanes manufactured after August 18, 2000. This change is based on safety recommendations from the National Transportation Safety Board following its investigations of two accidents and several incidents involving 737s. This rulemaking would also adopt a prohibition on deviations from flight recorder requirements for all airplanes operated under part 125.
Effects:
 None
Prompting action:None
Legal Deadline: None
Rulemaking Project Initiated: 02/15/1999
Dates for Final Rule:
MilestoneOriginally
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  06/20/2008 
Resubmitted to OMB   09/21/2008  09/05/2008 
OMB Clearance 07/28/2000  12/05/2008   
Publication Date 08/11/2000  12/15/2008   
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
Dates for Final Rule:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 05/14/2007  10/31/2008   
To OMB 06/20/2007  11/28/2008   
OMB Clearance 09/20/2007  02/27/2009   
Publication Date 09/28/2007  03/13/2009   
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
Dates for Final Rule:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 10/31/2008     
To OMB 11/26/2008     
OMB Clearance 01/08/2009     
Publication Date 01/16/2009     
Explanation for any delay:N/A
Federal Register Citation for Final Rule: None




Federal Aviation Administration
4.  Part 145: Repair Stations--Ratings and Quality System Red
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
Dates for Final Rule:
MilestoneOriginally
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
5.  Security Related Considerations in the Design and Operation of Transport Category Airplanes Red
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
Dates for Final Rule:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 04/24/2008  06/06/2008  05/30/2008 
To OMB 05/29/2008  07/29/2008  07/29/2008 
OMB Clearance 09/01/2008  10/29/2008  09/05/2008 
Publication Date 09/18/2008  11/04/2008   
Explanation for any delay:Unanticipated issues requiring further analysis
Federal Register Citation for Final Rule: None




Federal Aviation Administration
6.  Congestion Management Rule for LaGuardia Airport Green
Popular Title:LaGuardia Airport
RIN 2120-AI70
Stage: Final Rule
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
Dates for Final Rule:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 09/10/2008    09/10/2008 
To OMB 09/17/2008    09/17/2008 
OMB Clearance 10/08/2008    10/03/2008 
Publication Date 10/08/2008     
Explanation for any delay:N/A
Federal Register Citation for Final Rule: None




Federal Aviation Administration
7.  Production and Airworthiness Approvals Green
Popular Title:Production and Airworthiness Approvals
RIN 2120-AI78
Stage: Final Rule
Previous Stage:NPRM: Publication Date 10/05/2006; End of Comment Period 01/03/2007; Extended Comment Period Publication Date 12/20/06; Extended Comment Period Date 02/05/2007
Abstract: This rulemaking would change certification procedures and identification requirements for aeronautical products and parts. The changes would address standardizing requirements for production approval holders; requiring production approval holders to issue airworthiness approvals for aircraft engines, propellers, and other aviation parts; requiring manufacturers to mark all parts and components; and revising export airworthiness approval requirements to facilitate global manufacturing. The intent of these changes is to promote safety by ensuring that aircraft, and parts designed specifically for use in aircraft, wherever maunufactured, meet applicable standards. This action is also necessary to update our regulations to reflect the current gobal aircraft and aircraft parts manufacturing environment.
Effects:
 Regulatory Flexibility Act
Information Collection
Prompting action:None
Legal Deadline: None
Rulemaking Project Initiated: 06/04/2001
Dates for Final Rule:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 10/27/2008     
To OMB 11/28/2008     
OMB Clearance 02/26/2009     
Publication Date 03/13/2009     
Explanation for any delay:Additional coordination necessary
Federal Register Citation for Final Rule: None




Federal Aviation Administration
8.  Commuter Operations in Very Light Jets (VLJs) Red
Popular Title:VLJ
RIN 2120-AI84
Stage: NPRM
Previous Stage:None
Abstract: This proposal would establish a rule to allow passenger-carrying commuter operations to be conducted under the provisions of part 135 using multiengine turbojets, certificated under either part 23 or part 25, configured with 9 or fewer passenger seats. This proposal, if adopted, would allow multiengine turbojet operators to provide commuter service to the traveling public, thus accommodating new techonologies and a new generation of turbojet airplanes that otherwise would not be allowed in part 135 commuter service. Since 1995, turbojets used in scheduled operations must operate under the provisions of part 121. This current rulemaking resulted, in part, from recommendations from the Aviation Rulemaking Committee for parts 14 CFR 135/125 and covers pilot crew, equipment, training, and dispatch requirements for the safe operation of this new generation airplane.
Effects:
 None
Prompting action:None
Legal Deadline: None
Rulemaking Project Initiated: 03/15/2006
Dates for NPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 12/29/2006  12/11/2008   
To OMB 01/31/2007  01/14/2009   
OMB Clearance 02/27/2007  04/16/2009   
Publication Date 03/13/2007  05/04/2009   
End of Comment Period 06/13/2007  08/04/2009   
Explanation for any delay:Additional coordination necessary
Federal Register Citation for NPRM: None




Federal Aviation Administration
9.  Re-registration and Renewal of Aircraft Registration Black
Popular Title:Re-registration & Renewal of Aircraft Registration
RIN 2120-AI89
Stage: Undetermined
Previous Stage:NPRM: Publication Date 2/28/2008; End of Comment Period 8/28/2008
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
Dates for Undetermined:
MilestoneOriginally
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
10.  Automatic Dependent Surveillance - Broadcast (ADS-B) Equipage Mandate To Support Air Traffic Control Service Black
Popular Title:ADS-B
RIN 2120-AI92
Stage: NPRM
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
Dates for NPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 04/02/2007  06/01/2007  06/01/2007 
To OMB 05/02/2007  06/29/2007  07/05/2007 
OMB Clearance 08/02/2007  09/28/2007  10/01/2007 
Publication Date 08/16/2007  10/05/2007  10/05/2007 
End of Comment Period 11/16/2007  01/04/2008  01/03/2008 
Publication Date for Extension of Comment Period     11/19/2007 
End of Extended Reply Comment Period     03/03/2008 
Reopening of Comment Period     10/02/2008 
End of Reopened Comment Period     11/03/2008 
Explanation for any delay:Additional coordination necessary
Unanticipated issues requiring further analysis
Federal Register Citation for NPRM: 72 FR 56947




Federal Aviation Administration
11.  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
Dates for Undetermined:
MilestoneOriginally
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.  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
Dates for NPRM:
MilestoneOriginally
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  06/06/2008 
Publication Date 09/10/2007  11/28/2008   
End of Comment Period 01/10/2008  03/30/2009   
Explanation for any delay:Additional coordination necessary
Federal Register Citation for NPRM: None




Federal Aviation Administration
13.  Part 121 Pilot Age Limit Red
Popular Title:Age 65
RIN 2120-AJ01
Stage: Final Rule
Previous Stage:None
Abstract: This rulemaking would amend the Code of Federal Regulations to bring it into conformance with recent legislation raising the upper age limit for pilots serving in domestic, flag, and supplemental operations until they reach their 65th birthday. Congress recently enacted legislation, effective December 13, 2007, mandating an Age-65 limit for pilots for purposes of Title 49 USC.
Effects:
 Economically Significant
Major
Prompting action:None
Legal Deadline: None
Rulemaking Project Initiated: 01/30/2007
Dates for Final Rule:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 03/28/2009    06/26/2008 
Returned to Mode     10/01/2008 
Resubmitted to OST     10/03/2008 
To OMB 04/29/2008  11/03/2008   
OMB Clearance 07/29/2008  02/03/2009   
Publication Date 08/07/2008  02/10/2009   
Explanation for any delay:N/A
Federal Register Citation for Final Rule: None




Federal Aviation Administration
14.  Safety Management Systems (SMS) Green
Popular Title:SMS
RIN 2120-AJ15
Stage: ANPRM
Previous Stage:None
Abstract: This rulemaking would require a Safety Management System (SMS) for FAA certificate holders, certain product manufacturers, applicants, and employers. This action is being taken to further enhance the practice of managing safety, conducting risk and system assessments and analysis, undertaking preventive and corrective actions, and creating a safety culture. The intended effect of this action would make the United States compliant with International Civil Aviation Organization (ICAO) annexes.
Effects:
 Information Collection
Prompting action:None
Legal Deadline: None
Rulemaking Project Initiated: 09/25/2007
Dates for ANPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 11/25/2008  11/18/2008   
To OMB 12/26/2008  11/18/2008   
OMB Clearance 03/26/2009  02/18/2009   
Publication Date 04/08/2009  02/19/2009   
End of Comment Period 06/08/2009  05/19/2009   
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: Final Rule
Previous Stage:NPRM: Publication Date: 05/21/2008; End of Comment Period 07/21/2008
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
Dates for Final Rule:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 09/17/2008    09/23/2008 
To OMB 09/17/2008    09/24/2008 
Returned to Mode     10/02/2008 
Resubmitted to OST     10/02/2008 
Returned To OMB     10/03/2008 
OMB Clearance 10/01/2008    10/03/2008 
Publication Date 10/08/2008     
Explanation for any delay:N/A
Federal Register Citation for Final Rule: None




Federal Aviation Administration
16.  Crew Resources Management Training for Crewmembers and Flight Followers in Part 135 Operations Green
Popular Title:CRM Training for Part 135 Operations
RIN 2120-AJ32
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would require Crew Resource Management (CRM) training for all pilots and flight attendants in 14 CFR part 135 operations. CRM training teaches crewmembers to effectively use all resources available to them (e.g. hardware, software, and all persons involved in aircraft operation) to achieve safe and efficient flight operations. This rulemaking is needed to ensure that all crewmembers in part 135 operations receive training and practice in the use of CRM principles, as appropriate for their operation. The intended effect of this rulemaking is to reduce accidents and incidents within the scope of part 135 operations.
Effects:
 None
Prompting action:None
Legal Deadline: None
Rulemaking Project Initiated: 05/01/2007
Dates for NPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 12/01/2008     
To OMB 01/02/2009     
OMB Clearance 04/02/2009     
Publication Date 04/17/2009     
End of Comment Period 06/16/2009     
Explanation for any delay:N/A
Federal Register Citation for NPRM: None




Federal Aviation Administration
17.  Post Employment Restrictions Applicable to FAA Aviation Safety Inspectors Green
Popular Title:Post employment Restrictions
RIN 2120-AJ36
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would prohibit a certificate holder from employing or contracting with a former Aviation Safety Inspector (ASI) or other person with certificate holder oversight responsibilities to act as an agent or to represent that certificate holder in any matter before the FAA. This restriction would apply if the person, in the proceeding two year period has (a) served as, or was responsible for oversight of, a Flight Standards Service ASI; and (b) had the responsibility to inspect, or oversee the inspection of, the operations of the certificate holder. The rulemaking would enhance the FAA´s ability to properly perform its safety mission and to ensure that every passenger can have complete confidence in the integrity of the programs and operations administered by the FAA.
Effects:
 None
Prompting action:None
Legal Deadline: None
Rulemaking Project Initiated: 06/16/2008
Dates for NPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 03/17/2009     
To OMB 04/17/2009     
OMB Clearance 07/17/2009     
Publication Date 07/31/2009     
End of Comment Period 08/31/2009     
Explanation for any delay:N/A
Federal Register Citation for NPRM: None