Airport Certification; Amendment of the Compliance Date for Signs Identifying Taxiing Routes; Final Rule DEPARTMENT OF TRANSPORTATION

SUMMARY: This final rule amends a final rule issued without notice

based upon comments received in response to that final rule. This final

rule amends the compliance date for certain sign requirements required

under the Federal Aviation Regulations (FAR) for airports certificated

under 14 CFR part 139. The compliance date for these sign requirements

expired on January 1, 1994. This amendment will provide the time

necessary for industry to manufacture and airport operators to install

the required signs.

EFFECTIVE DATE: February 14, 1994.

FOR FURTHER INFORMATION CONTACT: Mr. William DeLoach, Safety and

Compliance Division (AAS-300), Office of Airport Standards, Federal

Aviation Administration, 800 Independence Avenue, SW., Washington, DC

20591, telephone (202) 267-8723.

SUPPLEMENTARY INFORMATION:

Background

On November 18, 1987, the FAA published a final rule (52 FR 44276)

revising and reorganizing 14 CFR part 139 that became effective on

January 1, 1988. The revision included modified requirements, as

contained in Sec. 139.311, pertaining to markings and lighting. On

October 18, 1988, 14 CFR 139 was amended (53 FR 40842) to, among other

things, establish January 1, 1991 as the compliance date for the

marking and lighting requirements in Sec. 139.311. After the amendment

establishing the 1991 compliance date for Sec. 139.311, however, the

FAA decided to revise the guidance material on one aspect of the

marking requirements. The FAA undertook to revise the advisory circular

(AC) related to signs identifying taxiing routes on the movement area

(Sec. 139.311(a)(3)). The FAA wanted to resolve the controversies

regarding the types and design of airfield signs, applications, colors,

and other matters. In addition, because of the global nature of

aviation, the FAA wanted its sign standards to be consistent with the

ones being considered by the International Civil Aviation Organization

(ICAO) for installation at airports throughout the world.

Operators of certificated airports were informed of this revision

and encouraged to wait for publication of the revised AC before

attempting to comply with the requirements of Sec. 139.311(a)(3). This

was to preclude installation of signs identifying taxiing routes on the

movement area where significant changes were being considered.

The process of revising the sign standards was further complicated

by the involvement of the International Civil Aviation Organization

(ICAO). As noted above, ICAO was developing international airport sign

standards during the period the AC was being revised. To make sure the

United States was in conformity internationally, the FAA met with the

ICAO to help develop standardization and consistency of airport signs.

This precluded the FAA from issuing its revised AC on sign standards

until after the ICAO working group made recommendations for revised

airport sign standards.

The ICAO working group did not make its recommendations until May

of 1991, months after the January 1, 1991 compliance date set out in

Sec. 139.311(f). Prior to the deadline, however, the FAA began issuing

exemptions to those airport operators requesting them, and advised

airport operators against installing signs solely for the purposes of

complying with Sec. 139.311(a)(3). Airport operators were urged to wait

until the FAA issued the revised AC.

On July 31, 1991, the FAA issued its revised AC entitled

``Standards for Airport Sign Systems.'' The FAA estimated that it would

take several years at a minimum for certificated airports to comply

with Sec. 139.311(a)(3) because of the lead time required to produce

and install the new sign systems. Hence, certificated airports, through

no fault of their own, would not be able to meet the requirements of

Sec. 139.311(a)(3) for several years. The FAA decided that instead of

issuing approximately 600 exemptions, the appropriate response was to

revise the regulations to extend the compliance date for

Sec. 139.311(a)(3). The 1991 date for compliance for the other marking

and lighting requirements was retained.

On April 24, 1992, the FAA issued a final rule (57 FR 15162)

extending the compliance date with Sec. 139.311(a)(3) to January 1,

1994. The FAA knew that this was a very ambitious target date.

Therefore, in this final rule, which was issued without a prior notice

of proposed rulemaking, the FAA requested comments from the public as

to the reasonableness of the new deadline. This was done to allow the

FAA the opportunity to further extend the compliance date if necessary.

The FAA received two comments; one from the Air Line Pilots Association

(ALPA) and one from the State of Alaska Department of Transportation

and Public Facilities (Alaska). ALPA supported the extension and

encouraged the FAA to remain steadfast in its implementation of

Sec. 139.311(a)(3). Alaska had several concerns with the established

compliance date of January 1, 1994. First, Alaska stated that they had

27 certificated airports that needed to be brought into compliance. Due

to the high demand for signs across the country, manufacturers would

not be able to provide the materials to these 27 airports in a time

frame which would allow them to meet the new deadline. Alaska also was

concerned with securing the funding necessary to install new signs by

January 1, 1994. Because they rely almost entirely on federal Airport

Improvement Program (AIP) funds for all capital improvement projects,

they would have to defer other, more critical, safety related projects

in order to meet the new signage installation timeframe. Therefore,

Alaska recommended that, at the earliest, the installation timeframe be

January 1, 1996.

The FAA agrees substantially with both commenters. While it is

important that every reasonable effort be made to come into compliance

with Sec. 139.311(a)(3), a realistic date is necessary to adequately

provide time for industry to manufacture, and applicable operators to

install, sign system on their airports consistent with the revised AC.

The FAA has determined that the very ambitious January 1, 1994,

compliance deadline was unrealistic. Despite the extraordinary efforts

by both the FAA and operators of part 139 certificated airports, full

compliance has not been possible. An extensive survey by the FAA in the

fall of 1993 indicates that approximately 60% of certificated airports

will be in compliance with Sec. 139.311(a)(3) on January 1, 1994. The

other 40% of certificated airports are working hard towards compliance.

The first step that an airport must do is develop a sign plan in

conjunction with airport users and submit it to the FAA for review and

approval. This process has been completed and all certificated airports

now have approved signs plans.

The FAA has concluded that a combination of factors has prevented

airports from full compliance. First, there are only a handful of

manufacturers of airport signs. As a result, these manufacturers have

order backlogs. Once the signs are ordered, it takes approximately 12-

16 weeks for sign delivery.

Second, implementing the new sign system requirements typically

involves much more than just ordering and erecting the new signs.

Installation at many of the certificated airports requires electrically

rewiring circuits for the runways, taxiways, and signs because the

existing systems cannot handle the increased electrical loads. In some

cases new electrical vaults need to be constructed. In other cases,

electric lines have to be installed where none now exist. This wiring

can encompass significant construction; frequently the wires have to be

installed across runways, taxiways, and other paved areas. This signage

and electrical work is further complicated by the need to keep the

runways and taxiways operational during construction to the maximum

extent possible. An additional factor is the varying construction

seasons from region to region. In some areas the traditional

construction season has been affected by unusual weather disasters,

such as the major flooding that occurred during the summer of 1993 in

the midwest.

Finally, many airports have had to redesignate taxiways that

previously had nonstandard designations. All taxiways on airports

certificated under part 139 will now be designated by a letter(s) of

the alphabet or alpha numeric(s). The process of renaming taxiways

increases the scope of the signage work and requires additional time to

phase in to assure that users have adequate time to familiarize

themselves with the new designations.

The FAA has concluded that a further extension until January 1,

1995, for compliance with the sign installation requirements of

Sec. 139.311(a)(3) is necessary and reasonable. The time extension will

obviate the need for numerous exemptions to airport operators. This

extension is not expected or intended to delay the date by which the

actual signage work will be completed. The FAA does not intend to grant

any further extension to the rule deadline.

International Civil Aviation Organization (ICAO) and Joint Aviation

Regulations

The FAA has determined that a review of the Convention on

International Civil Aviation Standards and Recommended Practices is not

warranted because this rule merely extends the compliance date of an

earlier final rule that incorporated the recommendations and standards

proposed by ICAO for new sign systems through Advisory Circular 150/

5340-18C entitled ``Standards for Airport Sign Systems.''

Paperwork Reduction Act Approval

This final rule will not change the reporting requirements.

Therefore, in accordance with the Paperwork Reduction Act of 1980,

(Pub. L. 96-511), there are no additional requirements for information

collection associated with this final rule.

Economic Evaluation

The FAA has determined that this rule is not significant as defined

by Executive Order 12866. Therefore, no Regulatory Impact Analysis is

required. Nevertheless, in accordance with Department of Transportation

policies and procedures, the FAA has evaluated the economic and

technical feasibility of this final rule, which is summarized below.

This final rule amendment would amend the compliance date for

certain airport signs required by the FAA from January 1, 1995. The

current rule has a deadline of January 1, 1994. Approximately 40% of

the certificated airports are still not able to comply for reasons

beyond their control.

This rule will not impose any costs on society by extending the

compliance date. There will be no incremental costs associated with

this final rule since only the date for compliance is being extended.

The FAA has concluded that there will be no degradation of safety as

all certificated airports have installed the more critical safety-

related signs required under part 139. In addition, the 40% of

certificated airports that have not yet installed the remaining

required signs are working on an expedited basis to remedy the

situation.

The FAA has concluded that the rule change will be cost beneficial

because unquantifiable benefits in the form of less disruption and more

opportunities for minimizing compliance costs for airport operators can

be achieved without compromising airport safety.

International Trade Impact Analysis

This rule will affect domestic airport operators, primarily. The

rule will have no impact on trade for U.S. firms doing business

overseas or for foreign firms doing business in the United States.

There are no expected additional annual costs associated with this rule

and, therefore, it should not create an economic disadvantage to either

domestic or foreign air carriers operating in the United States.

Regulatory Flexibility Determination

The Regulatory Flexibility Act of 1980 (RFA) was enacted by

Congress to ensure that small entities are not unnecessarily burdened

by government regulations. The RFA requires a Regulatory Flexibility

Analysis if a rule has a significant economic impact, either

detrimental or beneficial, on a substantial number of small entities.

The FAA's criterion for a ``substantial number'' is a number that is

not less than 11 and that is more than one third of the small entities

subject to the rule. The size threshold annualized cost level in

December 1983 dollars is $5,400 for airports. Using the GNP Price

deflator and adjusting to 1990 values, this threshold becomes $7,387.

The rule is of a cost-relieving nature and would therefore afford

cost savings to small airport sponsors. The impact of the cost of

complying with the sign requirements are expected to be quite small,

however, since operators will still be expected to meet the same

requirements.

Federalism Impact

The final rule adopted herein will not have a substantial direct

effect on the States, on the relationship between the national

government and the States, or on the distribution of power and

responsibilities among the various levels of government. Therefore, in

accordance with Executive Order 12612, it is determined that this rule

does not have sufficient federalism implications to warrant preparation

of a Federalism Assessment.

Conclusion

For the reasons discussed in the preamble, the FAA has determined

that this final rule is not significant under Executive Order 12866;

nor is it significant under the Department of Transportation Regulatory

Policies and Procedures (44 FR 11034, February 26, 1979). It is

certified that under the criteria of the Regulatory Flexibility Act

this rule will not have a significant economic impact, positive or

negative, on a substantial number of small entities. Because of the

negligible costs resulting from this rule, the FAA has determined that

the expected impact of these regulations is so minimal that they do not

warrant a full regulatory evaluation.

Reason for Immediate Adoption

This rule is being adopted immediately in response to comments

received on an earlier issued final rule without prior public notice

and comment. This rule requires immediate adoption to amend and expired

regulatory compliance date, which has been an unintended burden on

airport operators. By immediately adopting this amendment, the FAA

alleviates the burden and cost to airport operators to request, and the

FAA to process, petitions for exemption. As stated above, an amendment

of the compliance date is necessary to adequately provide time for

industry to manufacture and applicable airports to install sign

systems.

List of Subjects in 14 CFR Part 139

Air carriers, Airports, Aviation safety, Reporting and

recordkeeping requirements.

The Amendment

Accordingly, the FAA amends part 139 of the Federal Aviation

Regulations (14 CFR part 139) as follows:

PART 139--[AMENDED]

1. The authority citation for part 139 continues to read as

follows:

Authority: 49 U.S.C. App. 1354(a) and 1432; 49 U.S.C. 106(g).

2. Part 139 is amended by revising Sec. 139.311(f) to read as

follows:

Sec. 139.311 Marking and Lighting.

* * * * *

(f) Notwithstanding paragraph (a) of this section, a certificate

holder is not required to provide the identified signs in paragraph

(a)(3) of this section until January 1, 1995. Each certificate holder

shall maintain each marking system that meets paragraph (a)(3) of this

section.

David R. Hinson,

Administrator.

[FR Doc. 94-3241 Filed 2-11-94; 8:45 am]

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