FAA Regulatory Review Program

The FAA has conducted several regulatory reviews in recent years. In his 1992 State of the Union address, then-President Bush called for a 90-day moratorium on and review of federal regulations. The FAA responded by asking for public comments on its regulatory program as part of that overall government review (57 Federal Register 4744, Feb. 7, 1992). Based on comments received, the FAA revised its regulatory agenda.

In 1994 the FAA did another public review (59 Federal Register 1362, Jan. 10, 1994), responding to recommendations from the National Commission to Ensure a Strong Competitive Airline Industry as well as to Vice-president Gore's National Performance Review and acting on Department of Transportation (DOT) and FAA regulatory initiatives. That review of regulations was designed to "reduce any unjustified burdens" (in the FAA's language); as a result of that review the FAA also revised its regulatory agenda and priorities. At the same time, the FAA announced a Regulatory Review Program to seek public input every three years (60 Federal Register 44142, Aug. 24, 1995). After each review the FAA publishes a disposition of the comments.

In 1997 the FAA initiated its next public review (62 Federal Register 26894, May 15, 1997). As a result of the Review of Existing Rules, the FAA identified several issues that it determined would be addressed in future rulemaking projects and concluded the review with a general disposition of comments (63 Federal Register 56539, Oct. 22, 1998).

The FAA's most recent request for comments on its regulations (65 Federal Register 43265, July 13, 2000) includes the following language:

As part of this ongoing Regulatory Review Program, you may submit a total of three regulations, in priority order, that you believe should be amended, revised, or eliminated. Our agency's goal is to identify regulations which impose unjustified regulatory burdens or are no longer necessary. We also want to identify regulations that need to be clarified or simplified, or overlap, duplicate, or conflict with other regulations. Also, please identify any regulations that have a significant economic burden on a substantial number of small entities that you consider no longer justified.

To focus on areas of greatest interest, and to effectively manage FAA resources, we ask that you limit your comments to the issues you consider most urgent, and list them in priority order. We will review the issues addressed by all the commenters in light of our current regulatory agenda (64 FR 64682, November 22, 1999). We will consider your comments and adjust our regulatory priorities consistent with our statutory responsibilities. When we are done reviewing all comments, we will publish a summary and an explanation of how we will act on them, telling you how we will adjust our priorities.

Finally, please give us any specific suggestions where the regulations could be redone to be performance-based rather than prescriptive and submit your suggested language.