82 FR 19783 - Aviation Rulemaking Advisory Committee (ARAC)-ARAC Input To Support Regulatory Reform of Aviation Regulations-New Task

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 81 (April 28, 2017)

Page Range		19783-19784
FR Document		2017-08564

The FAA assigned the Aviation Rulemaking Advisory Committee (ARAC) a new task to consider (1) recommendations on existing regulations that are good candidates for repeal, replacement, or modification and (2) recommendations on regulatory action identified in FAA's regulatory agenda. Pursuant to the February 24, 2017, Executive Order titled ``Enforcing the Regulatory Reform Agenda,'' each agency is required to establish a Regulatory Reform Task Force (RRTF) to evaluate existing regulations, and make recommendations for their repeal, replacement, or modification. As part of this process, the RRTF is required to seek input/assistance from entities significantly affected by its regulations. Since the ARAC's membership represents a broad spectrum of entities significantly affected the FAA's regulations, the Department, through the FAA, assigned this task to ARAC. This notice informs the public of the new ARAC activity.

Federal Register, Volume 82 Issue 81 (Friday, April 28, 2017)

[Federal Register Volume 82, Number 81 (Friday, April 28, 2017)]
[Notices]
[Pages 19783-19784]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08564]



[[Page 19783]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Aviation Rulemaking Advisory Committee (ARAC)--ARAC Input To 
Support Regulatory Reform of Aviation Regulations--New Task

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of a new task assignment for the Aviation Rulemaking 
Advisory Committee (ARAC).

-----------------------------------------------------------------------

SUMMARY: The FAA assigned the Aviation Rulemaking Advisory Committee 
(ARAC) a new task to consider (1) recommendations on existing 
regulations that are good candidates for repeal, replacement, or 
modification and (2) recommendations on regulatory action identified in 
FAA's regulatory agenda. Pursuant to the February 24, 2017, Executive 
Order titled ``Enforcing the Regulatory Reform Agenda,'' each agency is 
required to establish a Regulatory Reform Task Force (RRTF) to evaluate 
existing regulations, and make recommendations for their repeal, 
replacement, or modification. As part of this process, the RRTF is 
required to seek input/assistance from entities significantly affected 
by its regulations. Since the ARAC's membership represents a broad 
spectrum of entities significantly affected the FAA's regulations, the 
Department, through the FAA, assigned this task to ARAC. This notice 
informs the public of the new ARAC activity.

FOR FURTHER INFORMATION CONTACT: Nikeita Johnson, Management and 
Program Analyst, Federal Aviation Administration, Room 810, 800 
Independence Avenue SW., Washington, DC 20591, [email protected], 
(202) 267-4977.

SUPPLEMENTARY INFORMATION: 

ARAC Acceptance of Task

    At the April 20, 2017, ARAC meeting, the FAA assigned and ARAC 
accepted this task to evaluate the FAA's regulations in Title 14 of the 
Code of Federal Regulations to determine any and all regulations that 
should be repealed, replaced or modified, and to provide feedback on 
the regulatory actions identified in the FAA's regulatory agenda. ARAC 
will then provide advice and recommendations on the assigned task and 
submit a recommendation report to the FAA.

Background

    The FAA established ARAC to provide information, advice, and 
recommendations on aviation related issues that could result in 
rulemaking to the FAA Administrator, through the Associate 
Administrator of Aviation Safety.
    Improvement of regulations is a continuous focus for the 
Department. Accordingly, the Department regularly makes a conscientious 
effort to review its rules in accordance with the Department's 1979 
Regulatory Policies and Procedures (44 FR 11034, 2/26/1979), Executive 
Order 12866, Executive Order 13563, and section 610 of the Regulatory 
Flexibility Act. Through two new Executive Orders, President Trump 
directed agencies to further scrutinize its regulations. On January 30, 
2017, President Trump signed an Executive Order titled ``Reducing 
Regulation and Controlling Regulatory Costs (EO).'' Under Section 2a of 
that Executive Order, unless prohibited by law, whenever an executive 
department or agency publicly proposes for notice and comment or 
otherwise promulgates a new regulation, it shall identify at least two 
existing regulations to be repealed.
    In addition, on February 24, 2017, President Trump signed Executive 
Order 13777 titled ``Enforcing the Regulatory Reform Agenda.'' Under 
this Executive Order, each agency is required to establish a Regulatory 
Reform Task Force (RRTF) to evaluate existing regulations, and make 
recommendations for their repeal, replacement, or modification. As part 
of this process, the Department is directed to seek input/assistance 
from entities significantly affected by its regulations.
    Accordingly, the Department, through the FAA, tasked ARAC to 
consider (1) recommendations on existing regulations that are good 
candidates for repeal, replacement, or modification and (2) 
recommendations on regulatory action identified in FAA's regulatory 
agenda.

The Task

    The ARAC is tasked to:
    1. Evaluate the FAA's regulations in Title 14 of the Code of 
Federal Regulations to determine any and all regulations that should be 
repealed, replaced or modified. This evaluation will attempt to 
identify regulations that:
    a. Eliminate jobs, or inhibit job creation;
    b. Are outdated, unnecessary, or ineffective;
    c. Impose costs that exceed benefits; or
    d. Create a serious inconsistency or otherwise interfere with 
regulatory reform initiatives and policies.
For purposes of this evaluation, a regulation means any regulatory 
provision and could include a regulatory section (e.g., Sec.  121.xxx), 
paragraph (e.g., Sec.  121.xxx(y)), or subparagraph (e.g., Sec.  
121.xxx(y)(z)).
    2. Provide a detailed explanation for recommending the repeal, 
replacement or modification of each regulation. This explanation will 
include any examples of why the regulation falls into one or more of 
the categories listed in paragraph 1.
    3. Provide quantitative data on the costs and benefits of either 
repealing, replacing or modifying each regulation in the recommendation 
report.
    4. Review the FAA's current regulatory actions identified in the 
regulatory agenda, and provide feedback on the current program as 
appropriate.
    5. Develop both an initial report and an addendum report containing 
recommendations on the findings and results of the tasks explained 
above. This data will be provided in two recommendation reports. In the 
first recommendation report, ARAC will provide a list of regulations 
that are considered to address the criteria of paragraph 1 of this 
tasking. A second addendum recommendation report will provide details 
to supplement the first submittal by ARAC to the FAA, and will provide 
the additional and detailed data as described in paragraph 2, 3 and 4 
of this tasking.
    a. The recommendation report should document both majority and 
dissenting positions on the findings and the rationale for each 
position.
    b. Any disagreements should be documented, including the rationale 
for each position and the reasons for the disagreement.

Schedule

    This tasking notice requires two recommendation reports.
     The initial recommendation report must be submitted to the 
FAA no later than June 1, 2017, to allow for consideration of ARAC 
approval at the June 15, 2017 meeting.
    After the initial recommendation report is submitted, the addendum 
recommendation report must be submitted to the FAA no later August 31, 
2017, to allow for consideration of ARAC approval at the September 14, 
2017, meeting. The Secretary of Transportation determined the formation 
and use of the ARAC is necessary and in the public interest in 
connection with the performance of duties imposed on the FAA by law. 
ARAC meetings are open to the public.


[[Page 19784]]


    Issued in Washington, DC, on April 21, 2017.
Dale Bouffiou,
Alternate Designated Federal Officer, Aviation Rulemaking Advisory 
Committee.
[FR Doc. 2017-08564 Filed 4-27-17; 8:45 am]
BILLING CODE 4910-13-P

Federal Register / Vol. 82, No. 81 / Friday, April 28, 2017 / Notices 19783

DEPARTMENT OF TRANSPORTATION recommendations on aviation related provision and could include a
issues that could result in rulemaking to regulatory section (e.g., § 121.xxx),
Federal Aviation Administration the FAA Administrator, through the paragraph (e.g., § 121.xxx(y)), or
Associate Administrator of Aviation subparagraph (e.g., § 121.xxx(y)(z)).
Aviation Rulemaking Advisory Safety.
Committee (ARAC)—ARAC Input To 2. Provide a detailed explanation for
Improvement of regulations is a recommending the repeal, replacement
Support Regulatory Reform of Aviation continuous focus for the Department.
Regulations—New Task or modification of each regulation. This
Accordingly, the Department regularly explanation will include any examples
AGENCY: Federal Aviation makes a conscientious effort to review
of why the regulation falls into one or
Administration (FAA), DOT. its rules in accordance with the
more of the categories listed in
ACTION: Notice of a new task assignment
Department’s 1979 Regulatory Policies
paragraph 1.
for the Aviation Rulemaking Advisory and Procedures (44 FR 11034, 2/26/
1979), Executive Order 12866, Executive 3. Provide quantitative data on the
Committee (ARAC). costs and benefits of either repealing,
Order 13563, and section 610 of the
SUMMARY: The FAA assigned the Regulatory Flexibility Act. Through two replacing or modifying each regulation
Aviation Rulemaking Advisory new Executive Orders, President Trump in the recommendation report.
Committee (ARAC) a new task to directed agencies to further scrutinize 4. Review the FAA’s current
consider (1) recommendations on its regulations. On January 30, 2017, regulatory actions identified in the
existing regulations that are good President Trump signed an Executive regulatory agenda, and provide feedback
candidates for repeal, replacement, or Order titled ‘‘Reducing Regulation and on the current program as appropriate.
modification and (2) recommendations Controlling Regulatory Costs (EO).’’
5. Develop both an initial report and
on regulatory action identified in FAA’s Under Section 2a of that Executive
an addendum report containing
regulatory agenda. Pursuant to the Order, unless prohibited by law,
recommendations on the findings and
February 24, 2017, Executive Order whenever an executive department or
results of the tasks explained above.
titled ‘‘Enforcing the Regulatory Reform agency publicly proposes for notice and
This data will be provided in two
Agenda,’’ each agency is required to comment or otherwise promulgates a
recommendation reports. In the first
establish a Regulatory Reform Task new regulation, it shall identify at least
two existing regulations to be repealed. recommendation report, ARAC will
Force (RRTF) to evaluate existing provide a list of regulations that are
regulations, and make recommendations In addition, on February 24, 2017,
President Trump signed Executive considered to address the criteria of
for their repeal, replacement, or
Order 13777 titled ‘‘Enforcing the paragraph 1 of this tasking. A second
modification. As part of this process, the
Regulatory Reform Agenda.’’ Under this addendum recommendation report will
RRTF is required to seek input/
Executive Order, each agency is provide details to supplement the first
assistance from entities significantly
required to establish a Regulatory submittal by ARAC to the FAA, and will
affected by its regulations. Since the
Reform Task Force (RRTF) to evaluate provide the additional and detailed data
ARAC’s membership represents a broad
existing regulations, and make as described in paragraph 2, 3 and 4 of
spectrum of entities significantly
recommendations for their repeal, this tasking.
affected the FAA’s regulations, the
Department, through the FAA, assigned replacement, or modification. As part of a. The recommendation report should
this task to ARAC. This notice informs this process, the Department is directed document both majority and dissenting
the public of the new ARAC activity. to seek input/assistance from entities positions on the findings and the
FOR FURTHER INFORMATION CONTACT: significantly affected by its regulations. rationale for each position.
Nikeita Johnson, Management and Accordingly, the Department, through
b. Any disagreements should be
Program Analyst, Federal Aviation the FAA, tasked ARAC to consider (1)
documented, including the rationale for
Administration, Room 810, 800 recommendations on existing
each position and the reasons for the
Independence Avenue SW., regulations that are good candidates for
disagreement.
Washington, DC 20591, repeal, replacement, or modification
Nikeita.Johnson@faa.gov, (202) 267– and (2) recommendations on regulatory Schedule
4977. action identified in FAA’s regulatory
agenda. This tasking notice requires two
SUPPLEMENTARY INFORMATION: recommendation reports.
The Task
ARAC Acceptance of Task • The initial recommendation report
The ARAC is tasked to: must be submitted to the FAA no later
At the April 20, 2017, ARAC meeting, 1. Evaluate the FAA’s regulations in than June 1, 2017, to allow for
the FAA assigned and ARAC accepted Title 14 of the Code of Federal consideration of ARAC approval at the
this task to evaluate the FAA’s Regulations to determine any and all June 15, 2017 meeting.
regulations in Title 14 of the Code of regulations that should be repealed,
Federal Regulations to determine any replaced or modified. This evaluation After the initial recommendation
and all regulations that should be will attempt to identify regulations that: report is submitted, the addendum
repealed, replaced or modified, and to a. Eliminate jobs, or inhibit job recommendation report must be
provide feedback on the regulatory creation; submitted to the FAA no later August
31, 2017, to allow for consideration of
asabaliauskas on DSK3SPTVN1PROD with NOTICES

actions identified in the FAA’s b. Are outdated, unnecessary, or
regulatory agenda. ARAC will then ineffective; ARAC approval at the September 14,
provide advice and recommendations c. Impose costs that exceed benefits; 2017, meeting. The Secretary of
on the assigned task and submit a or Transportation determined the
recommendation report to the FAA. d. Create a serious inconsistency or formation and use of the ARAC is
otherwise interfere with regulatory necessary and in the public interest in
Background reform initiatives and policies. connection with the performance of
The FAA established ARAC to For purposes of this evaluation, a duties imposed on the FAA by law.
provide information, advice, and regulation means any regulatory ARAC meetings are open to the public.

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19784 Federal Register / Vol. 82, No. 81 / Friday, April 28, 2017 / Notices

Issued in Washington, DC, on April 21, from the Office of the Federal Register’s adding subparagraph (iii), to grant HOV
2017. Web site at: http://www.archives.gov/ authorities the alternative to toll
Dale Bouffiou, federalregister and the Government vehicles not meeting the minimum
Alternate Designated Federal Officer, Publishing Office’s Web site at: http:// occupancy requirements in HOV lanes.
Aviation Rulemaking Advisory Committee. www.gpo.gov/fdsys. In that case, HOV authorities are
[FR Doc. 2017–08564 Filed 4–27–17; 8:45 am] FOR FURTHER INFORMATION CONTACT: Ms. required to provide access to OTRBs
BILLING CODE 4910–13–P Cynthia Essenmacher, Federal Tolling that serve the public under the same
Program Manager, Center for Innovative rates, terms, and conditions as public
Finance Support, Office of Innovative transportation buses (which FHWA
DEPARTMENT OF TRANSPORTATION Program Delivery, Federal Highway interprets to exclude other types of
Administration, 315 W. Allegan St., public transportation vehicles, which
Federal Highway Administration Room 201, Lansing, MI 48933, (517) may be treated differently by the HOV
[FHWA Docket No. FHWA–2017–0006] 702–1856. For legal questions: Mr. authority). Similarly, on toll facilities
Steven Rochlis, Office of the Chief subject to 23 U.S.C. 129, the FAST Act
Fixing America’s Surface Counsel, Federal Highway amended 23 U.S.C. 129(a) by adding
Transportation Act (FAST Act); Equal Administration, 1200 New Jersey paragraph (9) to also require that OTRBs
Access for Over-the-Road Buses Avenue SE., Washington, DC 20590, that serve the public be provided access
(202) 366–1395. Office hours are from to the toll facility under the same rates,
AGENCY: Federal Highway 8:00 a.m. to 4:30 p.m. E.T., Monday terms, and conditions as public
Administration (FHWA), Department of through Friday, except for Federal transportation buses.
Transportation (DOT). holidays. In preparing guidance to assist in the
ACTION: Notice; request for comment.
SUPPLEMENTARY INFORMATION:
implementation of Section 1411 of the
SUMMARY: The FHWA invites interested FAST Act, FHWA considered how to
parties to review and comment on Table of Contents define key terms in Section 1411 as well
definitions and applicable facilities A. Background as which facilities are governed by the
related to requirements contained in B. Applicable Definitions for Implementing new requirements. The FHWA is
Section 1411(a) and (b) of the Fixing Section 1411 of the FAST Act seeking comment on implementation of
America’s Surface Transportation C. Covered Facilities Subject to OTRB Equal these terms as they relate to FAST Act
Access Section 1411 amendments to 23 U.S.C.
(FAST) Act regarding the treatment of D. Covered Section 129 Facilities List
over-the-road buses (OTRBs). In 129 and 166.
E. Request for Comment
addition, FHWA invites interested B. Applicable Definitions for
parties to review and comment on a A. Background
Implementing Section 1411 of the FAST
listing of covered Section 129 Federal- The FAST Act includes a number of Act
aid toll facilities in the United States. provisions that modify Federal
DATES: Comments must be received by requirements related to high-occupancy For the purposes of implementing
May 30, 2017. vehicle (HOV) facilities and the tolling FAST Act Section 1411 amendments to
of highways. Sections 1411(a) and (b) of 23 U.S.C. 129 and 166, FHWA intends
ADDRESSES: To ensure that you do not
the FAST Act contained new to use definitions where they exist in
duplicate your docket submissions,
requirements regarding the treatment of relevant statutes and regulations. Where
please submit them by only one of the
over-the-road buses (OTRBs) that access FHWA found no existing definition,
following means:
• Federal eRulemaking Portal: Go to toll highways and HOV facilities. such as for the term ‘‘public
http://www.regulations.gov and follow Specifically, the FAST Act amended 23 transportation bus,’’ FHWA developed a
the online instructions for submitting U.S.C. 129 and 23 U.S.C. 166 to address definition based on its interpretation of
comments. access to toll or HOV facilities for Congress’s intent. The definitions for
• Mail: U.S. Department of OTRBs. the key terms, are:
Transportation, Dockets Management For HOV facilities, 23 U.S.C. 166(b)(3) ‘‘Over-the-road bus’’ is defined as a
Facility, Room W12–140, 1200 New was amended by the FAST Act, adding bus characterized by an elevated
Jersey Ave. SE., Washington, DC 20590– subparagraph (C) to grant HOV passenger deck located over a baggage
0001. authorities an exception to allow public compartment. Source: As amended by
• Hand Delivery: West Building transportation vehicles (which FHWA FAST Act Section 1411, 23 U.S.C.
Ground Floor, Room W12–140, 1200 interprets to include all public 129(a)(10)(C) and 23 U.S.C. 166(f)(4)
New Jersey Ave. SE., between 9 a.m. transportation vehicles, including define this term, giving it the same
5p.m., Monday through Friday, except public transportation buses) that do not meaning as in Section 301 of the
Federal holidays. The telephone number meet the minimum occupancy Americans with Disabilities Act of 1990
is (202) 366–9329. requirements to use HOV lanes, but only (42 U.S.C. 12181).
All comments must include the if the HOV authority also gives equal ‘‘Public Transportation Bus’’ is a
docket number DOT–FHWA–2017–0006 access to OTRBs that serve the public. category of public transportation vehicle
at the beginning of the submission. Under this exception provided in 23 (as defined in 23 U.S.C. 166(f)(6)),
Electronic Access: This document U.S.C. 166(b), HOV authorities may consisting of a motor vehicle with
may be viewed online through the allow all public transportation vehicles motive power, except a trailer, designed
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Federal eRulemaking portal at: http:// to use HOV lanes, whether they meet for carrying more than 10 persons.
www.regulations.gov. Electronic the minimum occupancy requirements, Source: The FHWA developed this
submission and retrieval help and as long as they provide equal access to definition by drawing upon definitions
guidelines are available on the Web site. OTRBs serving the public, under the of similar or related terms. The FHWA
It is available 24 hours each day, 365 same rates, terms, and conditions as all incorporated the definition of ‘‘public
days each year. Please follow the other public transportation vehicles. transportation vehicle’’ in 23 U.S.C.
instructions. An electronic copy of this Additionally, 23 U.S.C. 166(b)(4)(C) 166(f)(6), and the definition of ‘‘bus’’ in
document may also be downloaded was also amended by the FAST Act, 49 CFR 571.3.

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Document Created: 2017-04-28 03:02:30
Document Modified: 2017-04-28 03:02:30

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of a new task assignment for the Aviation Rulemaking Advisory Committee (ARAC).
Contact		Nikeita Johnson, Management and Program Analyst, Federal Aviation Administration, Room 810, 800 Independence Avenue SW., Washington, DC 20591, [email protected], (202) 267-4977.
FR Citation		82 FR 19783

82 FR 19783 - Aviation Rulemaking Advisory Committee (ARAC)-ARAC Input To Support Regulatory Reform of Aviation Regulations-New Task

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 82, Issue 81 (April 28, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration