After a five-month hiatus, the Department of Transportation has released its latest "Significant Monthly Rulemakings" report.
The reports, which are intended to be released monthly, were paused after the March release, due to "the change in Administrations and subsequent evaluations in DOT rulemaking priorities in accordance with Executive Orders 13771 and 13777," according to a DOT statement.
Re-issuing the report now is an interesting move for the DOT, which seems to have made very little forward progress, either on introducing new regulations or clearing the backlog, since the last report.
Of the 80 rules on the books-including 24 under the purview of the Federal Aviation Administration-just nine of them are classified under a "green" status, which means they are expected to "meet the originally scheduled date" for publication. One rule is at condition "yellow" (not likely to meet the originally scheduled deadline) and 26 that are under condition "red" or "behind schedule."
What's left? Nearly 50 rules are set at condition black or "a schedule has not yet been set."
In fairness, most of the 80 rules were proposed during Obama administration, with some even predating President Obama, including several safety audit regulations that were first introduced as far back as 1999.
On the other hand, that begs the question as to what has the DOT been doing since Elaine Chao took office.
Just a handful of regulations have been introduced since January 2017, including two extending a "Prohibition Against Certain Flights" in Baghdad and in Damascus, both of which were published (codified) on August 24, 2017. Both, interestingly, are listed as status black which might speak to a limited status or could be an indictment of the record-keeping process at the DOT.
The regulation of flights in certain airspace is not new to the Trump administration. Also on the books are the "Prohibition Against Certain Flights" over Afghanistan, first introduced in 2010 with no estimated publish date and the "Prohibition Against Certain Flights" in Tripoli, introduced in December 2016. Although this ruling was published in March 2017, it also remains under condition "black."
Other regulations introduced this year include the "Traveling by Air with Service Animals" rule, which would "address the appropriate definition of a service animal and include safeguards to reduce the likelihood that passengers wishing to travel with their pets on aircraft will be able to falsely claim that their pets are service animals."
This ruling is supplemental to the 2008 Air Carrier Access Act, which mandated the DOT release an updated notice by July 15, 2017.
If you're among the class of travelers who classifies your pooch as a "therapy animal," don't panic yet. The rule is at condition black and has no proposed action date.
The administration also terminated the "Requirement for Wildlife Assessments at Certificated Airports" regulation on April 5, 2017, because it determined the action was already covered in a separate "Airport Safety Management System" regulation, should that come to pass early next year.
The document makes for some interesting reading, but if you're not into reviewing lengthy government text, here are a few highlights from the FAA section:
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Airport Safety Management System
Status: Red
Airport certificate holders would be required to develop and adhere to a safety management system (SMS) for aviation-related activities.
Project initiated: July 2008
Next step: To be sent to the Office of the Secretary of Transportation (OST) by December 8, 2017.
Regulation of Flight Operations Conducted by Alaska Guide Pilots
Status: Red
If passed, the regulation would require additional safety requirements and Congressional legislation over the operations by Alaska guide pilots.
Project initiated: May 2010
Next step: None recorded.
Pilot Professional Development
Status: Red
This is required by the Airline Safety and Federal Aviation Administration Act of 2010 and would mandate air carriers to establish or modify training programs to address mentoring, leadership and professional development of crewmembers.
Project initiated: August 2010
Next step: Submit to OST by November 30, 2017.
System Safety Assessment
Status: Black
This rule would standardize regulations of various critical systems installed on airplanes. Currently, differences occur as such systems are implemented over time. Additionally, the system would "harmonize with the European Aviation Safety Agency CS-25."
Project Initiated: March 2011
Next step: Submit to OST by December 5, 2017
Pilot Records Database
Status: Black
Would require the FAA to create a pilot records database that air carriers could use before hiring a pilot.
Project initiated: August 2010
Next step: To Office Management and Budget (OMB): September 14, 2017
Pilot Biometric Certificates (FAA Reauthorization)
Status: Green
The regulation would require that pilot certificates be resistant to tampering, altering or counterfeiting through the use of a photograph and biometric identifiers. According to the DOT, "Under section 321 of the FAA Modernization and Reform Act of 2012 (Pub. Law 112-95), the FAA is required to begin issuing new certificates no later than November 10, 2012."
Project initiated: February 2012
Next step: No update
Orbital Debris Mitigation Methods for Launch Vehicle Upper Stages (Orbital Debris)
Status: Black
The regulation mandates that the FAA update its current orbital debris mitigation regulations to align with the U.S. Government Orbital Debris Mitigation Standard Practices. The FAA would also be required to update launch collision avoidance regulations to match U.S. Strategic Command.
Project Initiated: March 2013
Next step: To OMB by November 14, 2017
To read the document in its entirety, download it at the Department of Transportation Significant Rulemakings Report page.
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