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GAO-16-852R 1 (2016-08-18)

handle is hein.gao/gaobadsmu0001 and id is 1 raw text is: GA U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-328338 August 18, 2016 The Honorable John Thune Chairman The Honorable Bill Nelson Ranking Member Committee on Commerce, Science, and Transportation United States Senate The Honorable Bill Shuster Chairman The Honorable Peter A. DeFazio Ranking Member Committee on Transportation and Infrastructure House of Representatives Subject: Department of Transportation, Federal Aviation Administration: Operation and Certification of Small Unmanned Aircraft Systems Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of Transportation, Federal Aviation Administration (FAA) entitled Operation and Certification of Small Unmanned Aircraft Systems (RIN: 2120-AJ60). We received the rule on August 4, 2016. It was published in the Federal Register as a final rule on June 28, 2016. 81 Fed. Reg. 42,064. The final rule amends regulations to allow the operation of small unmanned aircraft systems in the National Airspace System. These changes address the operation of unmanned aircraft systems and certification of their remote pilots. This rule will also prohibit model aircraft from endangering the safety of the National Airspace System. The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major rule from the date of publication in the Federal Register or receipt of the rule by Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A). This final rule was published in the Federal Register on June 28, 2016, and has a stated effective date of August 29, 2016. The rule was received by the Senate and House of Representatives on June 30, 2016. 162 Cong. Rec. S4827 (July 6, 2016); 162 Cong. Rec. H4924 (July 13, 2016). We originally received the rule on August 2, 2016, designated as nonmajor. We received the revised designation of major rule on August 4, 2016. Therefore, the final rule does not appear to have the required 60-day delay in its effective date. Enclosed is our assessment of FAA's compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review of the procedural steps taken indicates that, with the exception of the required 60-day delay in effective date, FAA complied with the applicable requirements. GAO-16-852R

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