Update on Rulemaking Prioritization

1. Update on Rulemaking Prioritization Mike Kaszycki, FAA Thaddée Sulocki, JAA

2. Topics of Discussion • Review of Discussion at 19th Annual FAA/JAA International Conference • Harmonization Management Team (HMT) Prioritization Team Activities • Joint FAA/JAA/TCCA Rulemaking List • Next Steps for Rulemaking Prioritization Activity • Summary

3. Review of Discussion at the 19th Annual FAA/JAA International Conference • The Rulemaking Prioritization Presentation Addressed the Following: • History of Harmonization • Existing Harmonization Workload • New Prioritization Process • Overall Rulemaking Process

4. History of Harmonization • Harmonization Activity going on for over a decade • Focused mainly on Airworthiness Codes (parts 23, 25, 27, 29, and 33/JAR E) and Operations, Maintenance and Licensing • Harmonization of Airworthiness Codes is very close to being technically complete • Harmonization of Operations, Maintenance, and Licensing focused on areas of significant benefit to Industry • Harmonization efforts to date are considered a success

5. Existing Harmonization Workload • The backlog of new rulemaking initiatives is over 130 projects • The FAA has published an average of 6 part 25 Harmonization Working Group (HWG) final rules per year since 1995 • JAA rulemaking process is streamlined • Some HWG recommendations have gone unpublished for years • New rulemaking process is needed to effectively focus industry and authority resources

6. New Prioritization Process • HMT tasked an ad-hoc group to develop a new rulemaking prioritization process (March 2002) • Prioritization of rulemaking projects recognizes: • Prioritized safety initiatives • Limited authority and industry resources • Realistic limitations on rulemaking capability • Initiatives considered in prioritization activity include: • Unfinished existing HWG initiatives • Backlog of TORs not yet formally tasked • JSSI, CAST, CPS initiatives

7. Unilateral Simple Harmonization Prioritized Rulemaking Action Tasks Tasks (FAA adopting JAR requirements Only) (1) Limited to Maximum of 20+/- projects FAA JAA TCCA - Fast Track (Enveloping) - Completed HWG Tasks (2) New Tasks/TORs/SRDs &Incomplete Existing Tasks - No APO Resources Needed Try To Involve - No Additional IndustryResources Needed Other Authority & Industry (3) Commitment From FAA/JAA/TCCA and Industry toSupport SRDs (4) High Safety or EfficiencyBenefit FAA/Industry Write & Review NPRMs Harmonized Regulations Harmonized Regulations Overall Rulemaking Process

8. HMT Prioritization Team Activities • In November 2002, the HMT refocused the ad hoc team prioritization activity • Reduced scope from airworthiness, maintenance, and operations rulemaking to airworthiness rulemaking only • Identified existing mechanisms for obtaining industry comments on rulemaking prioritization • The objectives defined for the ad hoc team included: • Finalize prioritization process • Identify lower priority, unfinished ARAC taskings to be placed under a moratorium until prioritization is complete • Use draft FAA AVR Rulemaking Priority List to develop a joint FAA/JAA/TCCA rulemaking list • Finalize joint rulemaking list for 20th Annual JAA/FAA International Conference

9. HMT Prioritization Team Activities • FAA committed to a moratorium on low priority ARAC HWG activities until prioritization is completed and implemented • FAA/JAA/TCCA agreed on the projects proposed for the moratorium • The projects identified included the active taskings for the Powerplant Installations HWG and General Structures HWG • The moratorium (and affected projects) was coordinated with the ARAC Transport Airplane and Engines Issues Group • Industry input on rulemaking prioritization was obtained during March 2003 HMT meeting • Input received from GAMA and AIA • Identified specific projects of priority to industry • Requested that the authorities continue to work unfinished HWP projects with completed recommendations

10. HMT Prioritization Team Activities • The Draft Joint Rulemaking List was developed March 5, 2003 • FAA input was based on the draft FAA AVR Rulemaking Priority List • JAA input was based on the HWP and JSSI recommendations • Considered industry input obtained during March 2003 HMT meeting • The Draft Joint Rulemaking List was coordinated with FAA/JAA/TCCA management

11. Joint FAA/JAA/TCCA Rulemaking List • The Final FAA/JAA/TCCA Rulemaking List contains 26 projects: • 23 on-going projects • 19 Harmonization Work Program (HWP) projects • 6 projects still in HWGs • 13 recommendations received from HWG • 4 harmonization projects not in HWP • All 4 recommendations received from HWG • 12 projects were identified by industry as priorities • 3 new initiatives • Not yet tasked to ARAC

12. Next Steps for Rulemaking Prioritization Activity • Industry/Authorities will commit to supporting the Joint FAA/JAA/TCCA Rulemaking List • Discontinue ARAC activities for certain low-priority tasks • As determined from the final AVR Rulemaking Priority List and the Joint FAA/JAA/TCCA Rulemaking List • HMT Prioritization Team will determine an appropriate cycle for updating the Joint FAA/JAA/TCCA Rulemaking List • To maintain a current list of joint rulemaking projects • To account for “pop-up” rulemaking activities

13. Summary • Continue to preserve the benefits of harmonization • Maintain harmonization as an objective for future rulemaking projects • Prioritization of rulemaking projects is necessary to efficiently achieve our safety goals • FAA and JAA agreed on a limited list for future rulemaking activities

14. Summary • Commitment is needed from industry to actively support the joint FAA/JAA/TCCA rulemaking plan • It remains of paramount importance that the FAA and, in the future, EASA continue to co-operate and establish a common ambitious, but prioritized, rulemaking program