[Federal Register Volume 75, Number 79 (Monday, April 26, 2010)]
[Proposed Rules]
[Pages 21839-21865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8987]
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Part XII
Department of Transportation
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###Semiannual Regulatory Agenda###
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DEPARTMENT OF TRANSPORTATION (DOT)
_______________________________________________________________________
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Chs. I-III
23 CFR Chs. I-III
33 CFR Chs. I and IV
46 CFR Chs. I-III
48 CFR Ch. 12
49 CFR Subtitle A, Chs. I-VI and Chs. X-XII
OST Docket 99-5129
Department Regulatory Agenda; Semiannual Summary
AGENCY: Office of the Secretary, DOT.
ACTION: Semiannual regulatory agenda.
_______________________________________________________________________
SUMMARY: The regulatory agenda is a semiannual summary of all current
and projected rulemakings, reviews of existing regulations, and
completed actions of the Department. The agenda provides the public
with information about the Department of Transportation's regulatory
activity. It is expected that this information will enable the public
to be more aware of and allow it to more effectively participate in the
Department's regulatory activity. The public is also invited to submit
comments on any aspect of this agenda.
FOR FURTHER INFORMATION CONTACT:
General
You should direct all comments and inquiries on the agenda in
general to Neil R. Eisner, Assistant General Counsel for Regulation
and Enforcement, Department of Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590; (202) 366-4723.
Specific
You should direct all comments and inquiries on particular
items in the agenda to the individual listed for the regulation or
the general rulemaking contact person for the operating
administration in Appendix B. Individuals who use a
telecommunications device for the deaf (TDD) may call (202) 755-
7687.
Table of Contents
Supplementary Information:
Background
Significant/Priority Rulemakings
Explanation of Information on the Agenda
Request for Comments
Purpose
Appendix A-Instructions for Obtaining Copies of Regulatory Documents
Appendix B-General Rulemaking Contact Persons
Appendix C-Public Rulemaking Dockets
Appendix D-Review Plans for Section 610 and Other Requirements Agenda
SUPPLEMENTARY INFORMATION:
Background
Improvement of our regulations is a prime goal of the
Department of Transportation (Department or DOT). There should be
no more regulations than necessary, and those that are issued
should be simpler, more comprehensible, and less burdensome.
Regulations should not be issued without appropriate involvement of
the public; once issued, they should be periodically reviewed and
revised, as needed, to assure that they continue to meet the needs
for which they originally were designed. To view additional
information about the Department of Transportation's regulatory
activities online, go to http://regs.dot.gov.
To help the Department achieve these goals and in accordance
with Executive Order 12866 ``Regulatory Planning and Review'' (58
FR 51735; October 4, 1993) and the Department's Regulatory Policies
and Procedures (44 FR 11034; February 26, 1979), the Department
prepares a semiannual regulatory agenda. It summarizes all current
and projected rulemaking, reviews of existing regulations, and
completed actions of the Department. These are matters on which
action has begun or is projected during the succeeding 12 months or
such longer period as may be anticipated or for which action has
been completed since the last agenda.
The agendas are based on reports submitted by the offices
initiating the rulemaking and are reviewed by the Department
Regulations Council. The Department's last agenda was published in
the Federal Register on December 7, 2009 (74 FR 64470). The next
one is scheduled for publication in the Federal Register in October
2010.
The Internet is the basic means for disseminating the Unified
Agenda. The complete Unified Agenda is available online at
www.reginfo.gov, in a format that offers users a greatly enhanced
ability to obtain information from the Agenda database.
Because publication in the Federal Register is mandated for the
regulatory flexibility agendas required by the Regulatory
Flexibility Act (5 U.S.C. 602), DOT's printed agenda entries
include only:
1. The Agency's agenda preamble;
2. Rules that are in the Agency's regulatory flexibility agenda, in
accordance with the Regulatory Flexibility Act, because they are likely
to have a significant economic impact on a substantial number of small
entities; and
3. Any rules that the Agency has identified for periodic review under
section 610 of the Regulatory Flexibility Act.
Printing of these entries is limited to fields that contain
information required by the Regulatory Flexibility Act's Agenda
requirements. These elements are: Sequence Number; Title; Section
610 Review, if applicable; Legal Authority; Abstract; Timetable;
Regulatory Flexibility Analysis Required; Agency Contact; and
Regulation Identifier Number (RIN). Additional information (for
detailed list see section heading ``Explanation of Information on
the Agenda'') on these entries is available in the Unified Agenda
published on the Internet.
Significant/Priority Rulemakings
The agenda covers all rules and regulations of the Department.
We have classified rules as a DOT agency priority in the agenda if
they are, essentially, very costly, controversial, or of
substantial public interest under our Regulatory Policies and
Procedures. All DOT agency priority rulemaking documents are
subject to review by the Secretary of Transportation. If the Office
of Management and Budget (OMB) decide a rule is subject to its
review under Executive Order 12866, we have classified it as
significant in the agenda.
Explanation of Information on the Agenda
The format for this agenda is required by a fall 2010
memorandum from the Office of Management and Budget.
First, the agenda is divided by initiating offices. Then, the
agenda is divided into five categories: (1) Prerule stage, (2)
proposed rule stage, (3) final
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rule stage, (4) long-term actions, and (5) completed actions. For
each entry, the agenda provides the following information: (1) Its
``significance''; (2) a short, descriptive title; (3) its legal
basis; (4) the related regulatory citation in the Code of Federal
Regulations; (5) any legal deadline and, if so, for what action
(e.g., NPRM, final rule); (6) an abstract; (7) a timetable,
including the earliest expected date for a decision on whether to
take the action; (8) whether the rulemaking will affect small
entities and/or levels of government and, if so, which categories;
(9) whether a Regulatory Flexibility Act (RFA) analysis is required
(for rules that would have a significant economic impact on a
substantial number of small entities); (10) a listing of any
analyses an office will prepare or has prepared for the action
(With minor exceptions, DOT requires an economic analysis for all
its rulemakings.); (11) an agency contact office or official who
can provide further information; (12) a Regulation Identifier
Number (RIN) assigned to identify an individual rulemaking in the
agenda and facilitate tracing further action on the issue; (13)
whether the action is subject to the Unfunded Mandates Reform Act;
(14) whether the action is subject to the Energy Act; and (15)
whether the action is major under the congressional review
provisions of the Small Business Regulatory Enforcement Fairness
Act. If there is information that does not fit in the other
categories, it will be included under a separate heading entitled
``Additional Information.''
For nonsignificant regulations issued routinely and frequently
as a part of an established body of technical requirements (such as
the Federal Aviation Administration's Airspace Rules), to keep
those requirements operationally current, we only include the
general category of the regulations, the identity of a contact
office or official, and an indication of the expected number of
regulations; we do not list individual regulations.
In the ``Timetable'' column, we use abbreviations to indicate
the particular documents being considered. ANPRM stands for Advance
Notice of Proposed Rulemaking, SNPRM for Supplemental Notice of
Proposed Rulemaking, and NPRM for Notice of Proposed Rulemaking.
Listing a future date in this column does not mean we have made a
decision to issue a document; it is the earliest date on which we
expect to make a decision on whether to issue it. In addition,
these dates are based on current schedules. Information received
subsequent to the issuance of this agenda could result in a
decision not to take regulatory action or in changes to proposed
publication dates. For example, the need for further evaluation
could result in a later publication date; evidence of a greater
need for the regulation could result in an earlier publication
date.
Finally, a dot () preceding an entry indicates that the
entry appears in the agenda for the first time.
Request for Comments
General
Our agenda is intended primarily for the use of the public.
Since its inception, we have made modifications and refinements
that we believe provide the public with more helpful information,
as well as make the agenda easier to use. We would like you, the
public, to make suggestions or comments on how the agenda could be
further improved.
Reviews
We also seek your suggestions on which of our existing
regulations you believe need to be reviewed to determine whether
they should be revised or revoked. We particularly draw your
attention to the Department's review plan in Appendix D.
Regulatory Flexibility Act
The Department is especially interested in obtaining
information on requirements that have a ``significant economic
impact on a substantial number of small entities'' and, therefore,
must be reviewed under the Regulatory Flexibility Act. If you have
any suggested regulations, please submit them to us, along with
your explanation of why they should be reviewed.
In accordance with the Regulatory Flexibility Act, comments are
specifically invited on regulations that we have targeted for
review under section 610 of the Act. The phrase (Section 610
Review) appears at the end of the title for these reviews. Please
see Appendix D for the Department's section 610 review plans.
Federalism
Executive Order 13132 requires us to develop an accountable
process to ensure ``meaningful and timely input by State and local
officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' are defined in the Executive order to include
regulations that have substantial direct effects 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, we encourage State and local
governments to provide us with information about how the
Department's rulemakings impact them.
Purpose
The Department is publishing this regulatory agenda in the
Federal Register to share with interested members of the public the
Department's preliminary expectations regarding its future
regulatory actions. This should enable the public to be more aware
of the Department's regulatory activity and should result in more
effective public participation. This publication in the Federal
Register does not impose any binding obligation on the Department
or any of the offices within the Department with regard to any
specific item on the agenda. Regulatory action, in addition to the
items listed, is not precluded.
Dated: March 22, 2010.
Ray LaHood,
Secretary of Transportation.
Appendix A--Instructions for Obtaining Copies of Regulatory Documents
To obtain a copy of a specific regulatory document in the
agenda, you should communicate directly with the contact person
listed with the regulation at the address below. We note that most,
if not all, such documents, including the semiannual agenda, are
available through the Internet at http://www.regulations.gov. See
Appendix C for more information.
(Name of contact person), (Name of the DOT agency), 1200 New
Jersey Avenue SE., Washington, DC 20590. (For the Federal Aviation
Administration, substitute the following address: Office of
Rulemaking, ARM-1, 800 Independence Avenue SW., Washington, DC
20591).
Appendix B--General Rulemaking Contact Persons
The following is a list of persons who can be contacted within
the Department for general information concerning the
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rulemaking process within the various operating administrations.
FAA - Rebecca MacPherson, Office of Chief Counsel, Regulations
and Enforcement Division, 800 Independence Avenue SW., Room 915A,
Washington, DC 20591; telephone (202) 267-3073.
FHWA - Jennifer Outhouse, Office of Chief Counsel, 1200 New
Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-0761.
FMCSA - Steven J. LaFreniere, Regulatory Ombudsman, 1200 New
Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-0596.
NHTSA - Steve Wood, Office of Chief Counsel, 1200 New Jersey
Avenue SE., Washington, DC 20590; telephone (202) 366-2992.
FRA - Kathryn Shelton, Office of Chief Counsel, 1200 New Jersey
Avenue SE., Room W31-214, Washington, DC 20590; telephone (202)
493-6063.
FTA - Linda Lasley, Office of Chief Counsel, 1200 New Jersey
Avenue SE., Room E56-202, Washington, DC 20590; telephone (202)
366-4063.
SLSDC - Carrie Mann Lavigne, Chief Counsel, 1200 New Jersey
Avenue SE., Washington, DC 20590; telephone (202) 366-0091.
PHMSA - Patricia Burke, Office of Chief Counsel, 1200 New
Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-4400.
MARAD - Christine Gurland, Office of Chief Counsel, Maritime
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone (202) 366-5157.
RITA - Robert Monniere, Office of Chief Counsel, 1200 New
Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-5498.
OST - Neil Eisner, Office of Regulation and Enforcement, 1200
New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-
4723.
Appendix C--Public Rulemaking Dockets
All comments via the Internet are submitted through the Federal
Docket Management System (FDMS) at the following address: http://
www.regulations.gov. The FDMS allows the public to search, view,
download, and comment on all Federal agency rulemaking documents in
one central online system. The above referenced Internet address
also allows the public to sign up to receive notification when
certain documents are placed in the dockets.
The public also may review regulatory dockets at, or deliver
comments on proposed rulemakings to, the Dockets Office at 1200 New
Jersey Avenue SE., Room W12-140, Washington, DC 20590, 1-800-647-
5527. Working Hours: 9-5.
Appendix D--Review Plans for Section 610 and Other Requirements
Part I-- The Plan
General
The Department of Transportation has long recognized the
importance of regularly reviewing its existing regulations to
determine whether they need to be revised or revoked. Our 1979
Regulatory Policies and Procedures require such reviews. We also
have responsibilities under Executive Order 12866 ``Regulatory
Planning and Review'' and section 610 of the Regulatory Flexibility
Act to conduct such reviews. This includes the use of plain
language techniques in new rules and considering its use in
existing rules when we have the opportunity and resources permit
its use. We are committed to continuing our reviews of existing
rules and, if needed, will initiate rulemaking actions based on
these reviews.
Section 610 Review Plan
Section 610 requires that we conduct reviews of rules that (1)
have been published within the last 10 years and (2) have a
``significant economic impact on a substantial number of small
entities'' (SEIOSNOSE). It also requires that we publish in the
Federal Register each year a list of any such rules that we will
review during the next year. The Office of the Secretary and each
of the Department's Operating Administrations have a 10-year review
plan. These reviews comply with section 610 of the Regulatory
Flexibility Act.
Other Review Plan(s)
All elements of the Department, except for the Federal Aviation
Administration (FAA), have also elected to use this 10-year plan
process to comply with the review requirements of the Department's
Regulatory Policies and Procedures and Executive Order 12866.
Changes to the Review Plan
Some reviews may be conducted earlier than scheduled. For
example, to the extent resources permit, the plain language reviews
will be conducted more quickly. Other events, such as accidents,
may result in the need to conduct earlier reviews of some rules.
Other factors may also result in the need to make changes; for
example, we may make changes in response to public comment on this
plan or in response to a Presidentially mandated review. If there
is any change to the review plan, we will note the change in the
following agenda. For any section 610 review, we will provide the
required notice prior to the review.
Part II-- The Review Process
The Analysis
Generally, the agencies have divided their rules into 10
different groups and plan to analyze one group each year. For
purposes of these reviews, a year will coincide with the fall-to-
fall schedule for publication of the agenda. Thus, Year 1 (2008)
begins in the fall of 2008 and ends in the fall of 2009; Year 2
(2009) begins in the fall of 2009 and ends in the fall of 2010; and
so on. We request public comment on the timing of the reviews. For
example, is there a reason for scheduling an analysis and review
for a particular rule earlier than we have? Any comments concerning
the plan or particular analyses should be submitted to the
regulatory contacts listed in Appendix B, General Rulemaking
Contact Persons.
Section 610 Review
The Agency will analyze each of the rules in a given year's
group to determine whether any rule has a SEIOSNOSE and, thus,
requires review in accordance with section 610 of the Regulatory
Flexibility Act. The level of analysis will, of course, depend on
the nature of the rule and its applicability. Publication of
agencies' section 610 analyses listed each fall in this agenda
provides the public with notice and an opportunity to comment
consistent with the requirements of the Regulatory Flexibility Act.
We request that public comments be submitted to us early in the
analysis year concerning the small entity impact of the rules to
help us in making our determinations.
In each fall agenda, the Agency will publish the results of the
analyses it has completed during the previous year. For rules that
had a negative finding on
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SEIOSNOSE, we will give a short explanation (e.g., ``these rules
only establish petition processes that have no cost impact'' or
``these rules do not apply to any small entities''). For parts,
subparts, or other discrete sections of rules that do have a
SEIOSNOSE, we will announce that we will be conducting a formal
section 610 review during the following 12 months. At this stage,
we will add an entry to the Agenda in the prerulemaking section
describing the review in more detail. We also will seek public
comment on how best to lessen the impact of these rules and provide
a name or docket to which public comments can be submitted. In some
cases, the section 610 review may be part of another unrelated
review of the rule. In such a case, we plan to clearly indicate
which parts of the review are being conducted under section 610.
Other Reviews
The Agency will also examine the specified rules to determine
whether any other reasons exist for revising or revoking the rule
or for rewriting the rule in plain language. In each fall agenda,
the Agency will also publish information on the results of the
examinations completed during the previous year.
The FAA, in addition to reviewing its rules in accordance with
the Section 610 Review Plan, has established a tri-annual process
to comply with the review requirements of the Department's
Regulatory Policies and Procedures, Executive Order 12866, and
Plain Language Review Plan. The FAA's latest review notice was
published November 15, 2007 (72 FR 64170). In that notice, the FAA
requested comments from the public to identify those regulations
currently in effect that it should amend, remove, or simplify. The
FAA also requested the public provide any specific suggestions
where rules could be developed as performance-based rather than
prescriptive, and any specific plain language that might be used,
and provide suggested language on how those rules should be
written. The FAA will review the issues addressed by the commenters
against its regulatory agenda and rulemaking program efforts and
adjust its regulatory priorities consistent with its statutory
responsibilities. At the end of this process, the FAA will publish
a summary and general disposition of comments and indicate, where
appropriate, how it will adjust its regulatory priorities.
Part III-- List of Pending Section 610 Reviews
The Agenda identifies the pending DOT Section 610 Reviews by
inserting (Section 610 Review) after the title for the specific
entry. For further information on the pending reviews, see the
agenda entries at www.reginfo.gov. For example, to obtain a list of
all entries that are Section 610 Reviews under the Regulatory
Flexibility Act, a user would select the desired responses on the
search screen (by selecting ``advanced search'') and, in effect,
generate the desired ``index'' of reviews.
OFFICE OF THE SECRETARY
SECTION 610 AND OTHER REVIEWS
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Analysis
Year Regulations To Be Reviewed Year Review Year
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1 49 CFR parts 91 through 99 and 14 CFR parts 200 through 212............. 2008 2009
2 48 CFR parts 1201 through 1253 and new parts and subparts............... 2009 2010
3 14 CFR parts 213 through 232............................................ 2010 2011
4 14 CFR parts 234 through 254............................................ 2011 2012
5 14 CFR parts 255 through 298 and 49 CFR part 40......................... 2012 2013
6 14 CFR parts 300 through 373............................................ 2013 2014
7 14 CFR parts 374 through 398............................................ 2014 2015
8 14 CFR part 399 and 49 CFR parts 1 through 11........................... 2015 2016
9 49 CFR parts 17 through 28.............................................. 2016 2017
10 49 CFR parts 29 through 39 and parts 41 through 89...................... 2017 2018
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Year 1 (fall 2008) List of rules with ongoing analysis
49 CFR part 91 - International Air Transportation Fair Competitive
Practices
49 CFR part 92 - Recovering Debts to the United States by Salary Offset
49 CFR part 93 - Aircraft Allocation
49 CFR part 95 - Advisory Committees
49 CFR part 98 - Enforcement of Restrictions on Post-Employment
Activities
49 CFR part 99 - Employee Responsibilities and Conduct
14 CFR part 200 - Definitions and Instructions
14 CFR part 201 - Air carrier authority under subtitle VII of title 49
of the United States Code [Amended]
14 CFR part 203 - Waiver of Warsaw Convention liability limits and
defenses
14 CFR part 204 - Data to support fitness determinations
14 CFR part 205 - Aircraft accident liability insurance
14 CFR part 206 - Certificates of public convenience and necessity:
Special authorizations and exemptions
14 CFR part 207 - Charter trips by U.S. scheduled air carriers
14 CFR part 208 - Charter trips by U.S. charter air carriers
14 CFR part 211 - Applications for permits to foreign air carriers
14 CFR part 212 - Charter rules for U.S. and foreign direct air
carriers
Year 2 (fall 2009) List of rules that will be analyzed during the next
year
48 CFR part 1201 - Federal acquisition regulations system
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48 CFR part 1202 - Definitions of words and terms
48 CFR part 1203 - Improper business practices and personal conflicts
of interest
48 CFR part 1204 - Administrative matters
48 CFR part 1205 - Publicizing contract actions
48 CFR part 1206 - Competition requirements
48 CFR part 1207 - Acquisition planning
48 CFR part 1211 - Describing agency needs
48 CFR part 1213 - Simplified acquisition procedures
48 CFR part 1214 - Sealed bidding
48 CFR part 1215 - Contracting by negotiation
48 CFR part 1216 - Types of contracts
48 CFR part 1217 - Special contracting methods
48 CFR part 1219 - Small business programs
48 CFR part 1222 - Application of labor laws to government acquisitions
48 CFR part 1223 - Environment, energy and water efficiency, renewable
energy technologies, occupational safety, and drug-free workplace
48 CFR part 1224 - Protection of privacy and freedom of information
48 CFR part 1227 - Patents, data, and copyrights
48 CFR part 1228 - Bonds and insurance
48 CFR part 1231 - Contract cost principles and procedures
48 CFR part 1232 - Contract financing
48 CFR part 1233 - Protests, disputes, and appeals
48 CFR part 1234 - [Reserved]
48 CFR part 1235 - Research and development contracting
48 CFR part 1236 - Construction and architect-engineer contracts
48 CFR part 1237 - Service contracting
48 CFR part 1239 - Acquisition of information technology
48 CFR part 1242 - Contract administration and audit services
48 CFR part 1245 - Government property
48 CFR part 1246 - Quality assurance
48 CFR part 1247 - Transportation
48 CFR part 1252 - Solicitation provisions and contract clauses
48 CFR part 1253 - Forms
FEDERAL AVIATION ADMINISTRATION
SECTION 610 REVIEW PLAN
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Analysis
Year Regulations To Be Reviewed Year Review Year
----------------------------------------------------------------------------------------------------------------
1 14 CFR parts 119 through 129 and parts 150 through 156.................. 2008 2009
2 14 CFR parts 133 through 139 and parts 157 through 169.................. 2009 2010
3 14 CFR parts 141 through 147 and parts 170 through 187.................. 2010 2011
4 14 CFR parts 189 through 198 and parts 1 through 16..................... 2011 2012
5 14 CFR parts 17 through 33.............................................. 2012 2013
6 14 CFR parts 34 through 39 and parts 400 through 405.................... 2013 2014
7 14 CFR parts 43 through 49 and parts 406 through 415.................... 2014 2015
8 14 CFR parts 60 through 77.............................................. 2015 2016
9 14 CFR parts 91 through 105............................................. 2016 2017
10 14 CFR parts 417 through 460............................................ 2017 2018
----------------------------------------------------------------------------------------------------------------
The FAA has elected to use the two-step, 2-year process used by most
DOT modes in past plans. As such, the FAA has divided its rules into 10
groups as displayed in the table below. During the first year (the
``analysis year''), all rules published during the previous 10 years
within a 10 percent block of the regulations will be analyzed to
identify those with a SEIOSNOSE. During the second year (the ``review
year''), each rule identified in the analysis year as having a
SEIOSNOSE will be reviewed in accordance with section 610(b) to
determine if it should be continued without change or changed to
minimize impact on small entities. Results of those reviews will be
published in the DOT semiannual regulatory agenda.
Tri-Annual Review Plan
The FAA, in addition to reviewing its rules in accordance with the
Section 610 Review Plan, has established a tri-annual process to comply
with the review requirements of the Department's Regulatory Policies
and Procedures, Executive Order 12866, and Plain Language Review Plan.
Our latest review notice was published November 15, 2007 (72 FR 64170).
In that notice, we requested comments from the public to identify those
regulations currently in effect that we should amend, remove, or
simplify. We also requested the public provide any specific suggestions
[[Page 21845]]
where rules could be developed as performance-based rather than
prescriptive, and any specific plain language that might be used, and
provide suggested language on how those rules should be written. The
FAA will review the issues addressed by the commenters against its
regulatory agenda and rulemaking program efforts and adjust its
regulatory priorities consistent with its statutory responsibilities.
At the end of this process, the FAA will publish a summary and general
disposition of comments and indicate, where appropriate, how we will
adjust our regulatory priorities.
Year 1 (2008) List of rules analyzed and summary of results
14 CFR part 119 - Certification: Air Carriers and Commercial Operators
Section 610: The Agency conducted a Section 610 Review of this
part and found no amendments with a SEIOSNOSE.
14 CFR part 121 - Operating Requirements: Domestic, Flag, and
Supplemental Operations
Section 610: The Agency conducted a Section 610 Review of this
part and found six amendments that could have a SEIOSNOSE.
Amendment No. 121-216
Amendment No. 121-216 removed the requirement that windshear flight
guidance equipment be installed on older airplanes; amended the
provision allowing for an extended compliance period based on an
approved airplane retrofit schedule; and provided for acceptance of
alternative airplane equipment in the form of an approved airborne
windshear detection and avoidance system (predictive systems). The
final rule allowed certificate holders to install windshear equipment
in coordination with the installation of traffic alert and collision
avoidance system (TCAS II) equipment, thereby reducing the prospect
that carriers would have to divert critical maintenance resources from
other safety programs.
Original FAA finding: This amendment primarily was in response to an
Air Transport Association (ATA) petition to the FAA, dated June 1,
1989, to amend the windshear rule to exclude certain older airplanes
from the flight guidance systems requirements and to extend the
compliance date. The FAA determined that ATA's petition had merit and
issued amendment No. 121-216. In doing so, the FAA found that there
would be a significant beneficial economic impact on a substantial
number of small nonscheduled part 121 certificate holders due to the
cost relief from not having to install the equipment on certain older
aircraft.
Finding of this 5 U.S.C. section 610 analysis and review: The benefits
to small entities of amendment No. 121-216 have probably diminished
over time. However, the original FAA finding of a positive SEIOSNOSE
should still stand.
Amendment No. 121-269
Amendment No. 121-269 upgraded the fire safety standards for cargo or
baggage compartments in certain transport category airplanes by
eliminating Class D compartments as an option for future type
certification.
Original FAA finding: The FAA found that this amendment would have a
SEIOSNOSE. The FAA conducted an exhaustive analysis of potential
alternatives to seek possible ways of mitigating the burden on small
entities and still provide an equivalent level of safety. In its
analysis, the Agency considered several alternatives that ranged from
relatively low-cost, purely preventive approaches (e.g., banning
certain types of material from air transport), to mitigating approaches
such as: (1) Retrofit of detection systems only; (2) a requirement for
detection systems on newly manufactured aircraft only; (3) a
requirement for detection and/or suppression systems for extended over
water operations only; (4) retrofit of detection and suppression
systems; (5) a requirement for detection and suppression systems on
newly manufactured aircraft only; and (6) logical combinations of these
alternatives.
Finding of this 5 U.S.C. section 610 analysis and review: During the
comment period, the FAA did not receive any comments that indicated
that the amendment would place small part 121 operators at a
competitive disadvantage relative to large part 121 operators or that
there were alternatives that could provide the same level of safety
benefit at reduced costs to small operators. Moreover, no analysis was
submitted that indicated that fire safety risks for small part 121
carriers differed from those large part 121 carriers. Therefore, even
though this amendment did have a SEIOSNOSE, it was necessary in order
to achieve the level of safety sought by this rule action.
Amendment No. 121-282
Amendment No. 121-282 required design approval holders of certain
turbine-powered transport category airplanes, and of any subsequent
modifications to these airplanes, to substantiate that the design of
the fuel tank system precluded the existence of ignition sources within
the airplane fuel tanks. It also required developing and implementing
maintenance and inspection instructions to assure the safety of the
fuel tank system. For new type designs, this amendment also required
demonstrating that ignition sources could not be present in fuel tanks
when failure conditions were considered, identifying any safety-
critical maintenance actions, and incorporating a means either to
minimize development of flammable vapors in fuel tanks or to prevent
catastrophic damage if ignition did occur.
Original FAA finding: The FAA determined that this amendment would have
a SEIOSNOSE. The FAA identified 143 air carriers that would be impacted
by this amendment. Of the 143 impacted air carriers, 107 were small
airlines.
Finding of this 5 U.S.C. section 610 analysis and review: In order to
mitigate the costs to the extent possible without reducing the
effectiveness of the amendment, the FAA extended operator compliance
time from 18 months to 36 months. In addition, the Agency determined
that fewer fuel tank re-inspections would be needed than originally
estimated in the NPRM. The net result of these modifications was to
reduce the overall cost impact from $172.2 million to $126.6 million
(in 2000 dollars), a 26.4 percent reduction. The FAA was not able to
identify any other alternatives that could reduce the cost impact to
small entities and still achieve the desired safety results. A review
of the petition for exemption history revealed that no relief was
sought from this amendment since its issuance.
[[Page 21846]]
Amendment No. 121-284
Amendment No. 121-284 (67 FR 72726) required airplanes operated under
part 121 to undergo inspections and records reviews by the
Administrator or a designated representative after their 14th year in
service and at specified intervals thereafter. This amendment also
prohibited operation of those airplanes after specified deadlines
unless damage-tolerance-based inspections and procedures were included
in their maintenance or inspection programs. This amendment represented
a critical step toward compliance with the Aging Aircraft Safety Act of
1991.
Original FAA finding: The FAA conducted a full regulatory flexibility
analysis to assess the impact of this amendment on small entities. The
FAA determined that 58 small part 121 carriers would be impacted by
this amendment. Two of these were estimated to incur annualized costs
greater than 1 percent of annual revenues. A step the FAA took to
significantly lower compliance costs on the carriers, including small
entities, was to lengthen the time period between required inspections
from 5 years to 7 years. This longer period was expected to lower
compliance costs to operators by enabling them to schedule the required
inspections during heavy maintenance checks. To further assist carriers
in complying with the requirements, the FAA also issued an advisory
circular to provide guidance for complying with a damage-tolerance
supplemental structural inspections program (DT-SSIP).
Finding of this 5 U.S.C. section 610 analysis and review: A review of
the petition for exemption records indicated that no one sought relief
from these requirements since they were implemented. The FAA took
actions to minimize the costs on small entities to the extent that it
thought was possible and still meet the objectives of the Aging
Aircraft Safety Act. Based on the comments it received in response to
this interim final rule, the FAA took further steps in amendment No.
121-284 (70 FR 5517).
Amendment No. 121-297
Amendment No. 121-297 introduced airplane weight and performance
characteristics as the basis for collision avoidance system
requirements to capture cargo airplanes weighing more than 33,000
pounds maximum certificated takeoff weight (MCTOW). This action was
mandated by the Wendell H. Ford Aviation Investment and Reform Act
(AIR-21), enacted April 5, 2000, to take measures to reduce the risk
and collateral damage of a mid-air collision involving a cargo
airplane.
Original FAA finding: The FAA found that this amendment would have a
SEIOSNOSE. The FAA identified 24 all cargo turbine-powered fleet
operators who would be impacted by this amendment. Eleven, or roughly
46 percent, of these operators were determined to be significantly
impacted. The FAA identified seven all cargo piston-powered operators
who would be impacted by this amendment. Six, or 86 percent, of these
operators were determined to be significantly impacted. The Agency
believed that a compliance cost of 2 percent or less of a firm's
revenue was affordable. The costs to these firms exceeded this level.
Due to the congressional mandate, the FAA was limited in what actions
it could take to mitigate the impact on small entities. The Agency was
able, however, to reduce the TCAS requirement from TCAS II to TCAS I
for piston-powered airplanes to mitigate some of the costs to operators
of those airplanes. It also eliminated the requirement for TCAS I in
turbine-powered airplanes of less than 33,000 pounds maximum
certificated takeoff weight. Finally, the FAA set the rule's compliance
date at the latest date allowed by the congressional mandate. Taken
together, these measures were viewed as the upper level of the extent
to which the FAA could mitigate cost impacts on small entities and
still achieve the goals of the legislation.
Finding of this 5 U.S.C. section 610 analysis and review: Between April
2003 and January 2005, the FAA received five petitions from small
entities for exemption from the TCAS requirements of this amendment.
Two of these exemptions were denied because they sought relief strictly
on the basis of economic impact and did not differ in any material way
from other similar requests that had been denied in the past for
airplanes involved in non-cargo operations. Three exemptions were
granted because they were found to be necessary to ensure that needed
services in Alaska would not be disrupted and doing so would not
adversely impact safety. The original FAA finding of a SEIOSNOSE held
true but should be fully diminished as the compliance date is 4 years
past.
Amendment No. 121-340
Amendment No. 121-340 established a performance-based set of
requirements that set acceptable flammability exposure values in tanks
most prone to explosion or required the installation of an ignition
mitigation means in an affected fuel tank.
Original FAA finding: The FAA determined that this amendment would have
a SEIOSNOSE. The FAA identified 14 small air carriers that would be
affected. Of these 14, 3 were found to be affected significantly. This
determination was based on whether or not the cost to the carrier was
equal to or exceeded 2 percent of its revenue. Three carriers met this
criterion. The FAA considered several alternative approaches to this
amendment to ease the burden on small carriers. The Agency concluded
that this amendment provided the best balance of cost and benefits for
the United States society. The FAA argued, further, that the risk is
largely the same, regardless of whether the plane was flown by a large
or small entity.
Finding of this 5 U.S.C. section 610 analysis and review: This
amendment still has a SEIOSNOSE. The FAA will need to make a
determination regarding the continued need for this regulation.
14 CFR part 125 - Certification and Operations: Airplanes Having a
Seating Capacity of 20 or More Passengers or a Maximum Payload Capacity
of 6,000 Pounds or More; and Rules Governing Persons on Board Such
Aircraft
Section 610: The Agency conducted a Section 610 Review of this
part and found part 125 itself and five amendments that could have a
SEIOSNOSE.
[[Page 21847]]
Part 125
Part 125 provides a single set of certification and operation rules for
U.S.-registered airplanes, which have a seating capacity of 20 or more
passengers or a maximum payload capacity of 6,000 pounds or more when
used in any non-common (private) carriage operation.
Original FAA finding: The economic impacts of part 125 were estimated
and documented by a study conducted by the Aerospace Corporation during
December 1978 and January 1979 and reflected data available at that
time. While their study did not specifically address the economic
impact on small entities, their estimate of $88.28 million in first
year total costs (in 1979 dollars, $222.2 million in current dollars),
and $20.45 million in recurring annual costs (in 1979 dollars, $51.12
million in current dollars), it can reasonably be concluded that this
rule did have a SEIOSNOSE.
Finding of this 5 U.S.C. section 610 analysis and review: A review of
petitions for exemption from part 125 revealed that relief was
generally sought from safety requirements such as collision avoidance
systems. The FAA denied these requests because petitioners were never
able to provide convincing arguments for why it would be in the public
interest to grant them the requested relief. There was no evidence in
the record to suggest that part 125 continues to have a SEIOSNOSE.
Amendment No. 125-10
Amendment No. 125-10 required digital flight data recorders and cockpit
voice recorders (CVRs) to be installed in a broad category of airplanes
and rotorcraft operated by air carriers and commuters, as well as, in
selected aircraft operated in general aviation.
Original FAA finding: The FAA determined that this amendment could have
aSEIOSNOSE. In order to mitigate the cost to some extent, the FAA
modified its proposal to extend the compliance period from 2 years to 3
years. Given that this rule action was in response to a congressional
mandate, the Agency was constrained to take sufficient action to ensure
the NTSB had available data in needed for accident investigation
purposes if acquiring that data was technologically feasible.
Finding of this 5 U.S.C. section 610 analysis and review: Since this
rulemaking was promulgated over 20 years ago, the cost impact has
diminished substantially and has approached if not reached a negligible
level. This analysis concludes that there is no longer a SEIOSNOSE as a
result of this amendment.
Amendment No. 125-11
This amendment required the installation and use of a Traffic Alert and
Collision Avoidance System (TCAS) in large transport-type airplanes and
certain turbine-powered smaller airplanes. The Airport and Airway
Safety and Capacity Expansion Act of 1987 directed the FAA to require
the installation and operation of TCAS in commercial aircraft flying in
the United States.
Original FAA finding: The FAA found that this amendment would have a
SEIOSNOSE.
Finding of this 5 U.S.C. section 610 analysis and review: The FAA
estimated the average total cost impact of this amendment on part 125
operators at $96,000 in 1989 dollars ($151,000 in current dollars)
annualized over the period of 1989 to 2003. The FAA concluded, however,
that there were no viable alternatives for small air carriers to adopt
that would reduce the cost of compliance and still achieve the levels
of protection sought by this amendment. This amendment implemented a
congressional mandate, thereby limiting the discretion the Agency had
and still has in mitigating the burden on small entities. Moreover, a
review of the petition for exemption records indicates that the Agency
has been consistent in denying requests for relief from this
requirement on safety grounds. This analysis finds, therefore, that a
SEIOSNOSE may still exist and the FAA will need to make a determination
regarding the continued need for this regulation.
Amendment No. 125-36
Amendment No. 125-36 was part of a larger action that required design
approval holders of certain turbine-powered transport category
airplanes, and any subsequent modifications to these airplanes, to
substantiate that the design of the fuel tank system precluded the
existence of ignition sources within the airplane fuel tanks. It also
required developing and implementing maintenance and inspection
instructions to assure the safety of the fuel tank system. For new type
designs, this amendment also required demonstrating that ignition
sources could not be present in fuel tanks when failure conditions were
considered, identifying any safety-critical maintenance actions, and
incorporating a means either to minimize development of flammable
vapors in fuel tanks or to prevent catastrophic damage if ignition did
occur.
Original FAA finding: The FAA determined that this amendment would have
aSEIOSNOSE. The FAA identified 143 carriers that would be impacted by
this amendment. Of the 143 impacted air carriers, 107 were small
airlines.
Finding of this 5 U.S.C. section 610 analysis and review: In order to
mitigate the costs to the extent possible without reducing the
effectiveness of the amendment, the FAA extended operator compliance
time from 18 months to 36 months. In addition, the Agency determined
that fewer fuel tank re-inspections would be needed than originally
estimated in the NPRM. The net result of these modifications was to
reduce the overall cost impact from $172.2 million to $126.6 million
(in 2000 dollars), a 26.4 percent reduction. The FAA was not able to
identify any other alternatives that could reduce the cost impact to
small entities and still achieve the desired safety results. A review
of the petition for exemption history revealed that no relief was
sought from this amendment since its issuance.
Amendment No. 125-41
Amendment No. 125-41 was part of a larger rulemaking action that
introduced airplane weight and performance characteristics as the basis
for collision avoidance system requirements to capture cargo airplanes
weighing more
[[Page 21848]]
than 33,000 pounds maximum certificated takeoff weight (MCTOW). This
action was mandated by the Wendell H. Ford Aviation Investment and
Reform Act (AIR-21) enacted April 5, 2000, to take measures to reduce
the risk and collateral damage of a mid-air collision involving a cargo
airplane.
Original FAA finding: The FAA found that this amendment would have a
SEIOSNOSE. The FAA identified 24 all-cargo turbine-powered fleet
operators who would be impacted by this amendment. Eleven, or roughly
46 percent, of these operators were determined to be significantly
impacted. The FAA identified seven all-cargo, piston-powered operators
who would be impacted by this amendment. Six, or 86 percent, of these
operators were determined to be significantly impacted. The Agency
believed that a compliance cost of 2 percent or less of a firm's
revenue was affordable. The costs to these firms exceeded that level.
Due to the congressional mandate, the FAA was limited in what actions
it could take to mitigate some of the costs to operators of those
airplanes. It also eliminated the requirement for TCAS I in turbine-
powered airplanes of less than 33,000 pounds maximum certificated
takeoff-weight. Finally, the FAA set the rule's compliance date at the
latest date allowed by the congressional mandate. Taken together, these
measures were viewed as the upper level of the extent to which the FAA
could mitigate cost impacts on small entities and still achieve the
goals of the legislation.
Finding of this 5 U.S.C. section 610 analysis and review: Between April
2003 and January 2005, the FAA received five petitions from small
entities for exemption from the TCAS requirements of this amendment.
Two of these exemptions were denied because they sought relief strictly
on the basis of economic impact and did not differ in any material way
from other similar requests that had been denied in the past for
airplanes involved in non-cargo operations. Three exemptions were
granted because they were found to be necessary to ensure that needed
services in Alaska would not be disrupted and doing so would not
adversely impact safety. The original FAA finding of a SEIOSNOSE holds
true but should be fully diminished as the compliance date is 4 years
past.
Amendment No. 125-55
Amendment No. 125-55 established a performance-based set of
requirements that set acceptable flammability exposure values in tanks
most prone to explosion or required the installation of an ignition
mitigation means in an affected fuel tank.
Original FAA finding: The FAA determined that this amendment would have
a SEIOSNOSE. The FAA identified 14 small air carriers that would be
affected. Of these 14, three were found to be affected significantly.
This determination was based on whether or not the cost to the carrier
was equal to or exceeded 2 percent of its revenue. Three carriers met
this criterion. The FAA considered several alternative approaches to
this amendment to ease the burden on small carriers. The Agency
concluded that this amendment provided the best balance of cost and
benefits for the United States society. The FAA argued, further, that
the risk is largely the same, regardless of whether the plane was flown
by a large or small entity.
Finding of this 5 U.S.C. section 610 analysis and review: This
amendment still has a SEIOSNOSE. The FAA will need to make a
determination regarding the continued need for this regulation.
14 CFR part 129 - Operations: foreign air carriers and foreign
operators of U.S.-registered aircraft engaged in common carriage
Section 610: The Agency conducted a Section 610 Review of this
part and found no amendments with a SEIOSNOSE because this part does
not impact domestic entities
14 CFR part 150 - Airport noise compatibility planning
Section 610: The Agency conducted a Section 610 Review of this
part and found no amendments with a SEIOSNOSE.
14 CFR part 151 - Federal aid to airports
Section 610: The Agency conducted a Section 610 Review of this
part and found there have not been any amendments to part 151 since the
Regulatory Flexibility Act was enacted.
14 CFR part 152 - Airport aid program
Section 610: The Agency conducted a Section 610 Review of this
part and found no amendments with a SEIOSNOSE.
14 CFR part 153 - Airport operations
Section 610: The Agency conducted a Section 610 Review of this
part and found no amendments with a SEIOSNOSE.
14 CFR part 155 - Release of airport property from surplus property
disposal restrictions
Section 610: The Agency conducted a Section 610 Review of this
part and found no amendments with a SEIOSNOSE.
14 CFR part 156 - State block grant pilot program
Section 610: The Agency conducted a Section 610 Review of this
part and found no amendments with a SEIOSNOSE.
Year 2 (2009) List of rules analyzed and summary of results
14 CFR part 133 - Rotorcraft external-load operations
Section 610: The Agency conducted a Section 610 Review of this
part and found no amendments with a SEIOSNOSE.
14 CFR part 135 - Operating requirements: Commuter and on demand
operations and rules governing persons on board such aircraft
Section 610: The Agency conducted a Section 610 Review of this
part and found three amendments that could have a SEIOSNOSE.
Amendment No. 135-42
Amendment No. 135-42 revised the operating rules for air taxi and
commercial operators by requiring that all turbine-powered (rather than
just turbojet) airplanes with 10 or more seats be equipped with an
approved ground proximity warning system.
Original FAA finding: The FAA certified that this amendment may have a
SEIOSNOSE because the annual cost that would be imposed on small part
135 operators to install a ground proximity warning system on turbine-
powered
[[Page 21849]]
airplanes would exceed the significant impact criteria in place when
the rule was promulgated. The FAA concluded after analysis, however,
that there were no viable alternatives to the provisions of the
amendment and issued the rule in final.
Finding of this 5 U.S.C. section 610 analysis and review: Between the
period of January 2003 and December 2008, the period beyond the
analysis period of this final rule, there were no cases of affected
parties seeking relief from the provisions of the amendment. The
original finding of a possible SEIOSNOSE should be fully diminished, as
the compliance date was 16 years ago.
Amendment No. 135-66 (61 FR 69302)
Amendment No. 135-66 (61 FR 69302) was one part of an overall strategy
to further reduce the impact of aircraft noise on the park environment
and to assist the National Park Service in achieving its statutory
mandate to provide the substantial restoration of natural quiet and
experience in Grand Canyon National Park (GCNP).
Original FAA finding: The FAA found that this amendment would have a
SEIOSNOSE. This amendment affected commercial sightseeing operators
conducting flight over the GCNP under part 135. This amendment was
unique in that most of the economic impact fell upon small businesses.
Finding of this 5 U.S.C. section 610 analysis and review: Consistent
with the spirit and intent of the RFA, the FAA chose a regulatory
alternative that tailored most requirements to the size of the firm. In
doing so, the Agency believed that the regulatory requirements in this
amendment provided the least burdensome way for small entities to
accomplish the goals of the final rule-restore natural quiet and
preserve the opportunity for the public to enjoy air tours at the GCNP.
In addition, the FAA proposed to take further action that would phase
out noisier aircraft from air tour service prior to the 2008 deadline
imposed by the statute.
Amendment No. 135-107
Amendment No. 135-107 set safety and oversight rules for a broad
variety of sightseeing and commercial air tour flights. The intended
effect of this amendment was to standardize requirements for air tour
operators and consolidate air tour safety standards within part 135.
Original FAA finding: The FAA determined that there would be a
SEIOSNOSE. The FAA estimated that part 135 commercial air tour
operators would incur 82 percent of the costs of the rule. The FAA
noted that helicopter operators would incur much higher costs than
airplane operators due to the requirement to equip their aircraft with
floats if they conducted operations over water and to the requirement
to prepare helicopter performance plans. The FAA believed, however,
that the only way to accomplish the commercial air tour safety needs
for helicopter operations was to impose the higher standards on those
entities.
Finding of this 5 U.S.C. section 610 analysis and review: A review of
the petition for exemption and petition for rulemaking records since
this amendment was issued found that no entities sought relief from the
float equipage requirement. The cost impacts from the original
estimates remain valid. However, absent requests for relief from the
regulated community, the notion espoused by the FAA that a number of
options were available to operators to avoid or minimize the costs, may
have merit. The FAA noted, for example, that some operators may alter
their air tour routes to avoid the compliance costs. The Agency added
that others may elect to only equip part of their fleet to ensure the
affordability to their business. This analysis concludes that there
continues to be a SEIOSNOSE, but there is no evidence to suggest that
small businesses are suffering a hardship.
14 CFR part 136 - Commercial air tours and national parks air tour
management
Section 610: The Agency conducted a Section 610 Review of this
part and found no amendments with a SEIOSNOSE.
14 CFR part 137 - Agricultural aircraft operations
Section 610: The Agency conducted a Section 610 Review of this
part and found no amendments with a SEIOSNOSE.
14 CFR part 139 - Certification of airports
Section 610: The Agency conducted a Section 610 Review of this
part and found one amendment with a SEIOSNOSE.
Amendment No. 139-94
Amendment No. 139-94 established certification requirements for
airports serving scheduled air carrier operations in aircraft designed
for more than 9 passenger seats but less than 31 passenger seats.
Original FAA finding: The FAA determined that this amendment would have
a SEIOSNOSE. The FAA stated that under SBA's definition of a ``small''
public entity, there were more than 200 small entity airports that
would be affected by this rule action. For each small entity, the FAA
estimated the average initial hours required to set up a recordkeeping
system, as mandated by this amendment, would be 70 hours and expected a
continuing paperwork requirement of about 90 hours annually. Having
sought possible alternatives to mitigate the costs on small entities,
the FAA, in consultation with industry, concluded that there existed a
need to require at least some minimum level of both risk reduction and
accident mitigation measures at airports during operations of smaller
air carrier airplanes. The FAA believed that the chosen alternative was
the only one that was relatively affordable and would achieve the
safety objectives of the rule. The Agency recognized the need, however,
to provide some flexibility in the implementation of certain safety
measures at airports with infrequent air carrier service or where local
resources were severely limited. The FAA added that other measures at
its disposal to mitigate impacts on small airport operators included
its authority to permit alternative means of compliance to accommodate
local conditions and the use of its statutory authority to grant
exemptions from part 139 requirements, as appropriate. Other methods
the FAA identified as ways small entity airports could mitigate the
economic impact of this amendment included Airport Improvement Program
(AIP) funding, which was available for certain capital expenditures
that could be required by this amendment. Examples of these
requirements were firefighting equipment, airport marking, and signs.
Another potential source
[[Page 21850]]
of revenue to assist small airports in meeting the regulatory
requirements of this amendment was the Essential Air Service (EAS)
Program. The FAA believed that, ultimately, most of the costs of these
amendments would be borne by the Federal Government through increased
subsidies.
Finding of this 5 U.S.C. section 610 analysis and review: The original
funding still holds true. The flexibility that the FAA afforded airport
operators in meeting the requirements of this amendment, combined with
numerous avenues for funding support that were and still are available
to airport operators, substantially mitigate the impact of this
amendment on small entities.
14 CFR part 157 - Notice of construction, alteration, activation, and
deactivation of airports
Section 610: The Agency conducted a Section 610 Review of this
part and found no amendments with a SEIOSNOSE.
14 CFR part 158 - Passenger facility charges (PFCs)
Section 610: The Agency conducted a Section 610 Review of this
part and found no amendments with a SEIOSNOSE.
14 CFR part 161 - Notice and approval of airport noise and access
restrictions
Section 610: The Agency conducted a Section 610 Review of this
part and found no amendments with a SEIOSNOSE.
14 CFR part 169 - Expenditure of Federal funds for nonmilitary airports
or air navigation facilities thereon
Section 610: The Agency conducted a Section 610 Review of this
part and found no amendments with a SEIOSNOSE.
FEDERAL HIGHWAY ADMINISTRATION
SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
Analysis
Year Regulations To Be Reviewed Year Review Year
----------------------------------------------------------------------------------------------------------------
1 None.................................................................... 2008 2009
2 23 CFR parts 1 through 260.............................................. 2009 2010
3 23 CFR parts 420 through 470............................................ 2010 2011
4 23 CFR part 500......................................................... 2011 2012
5 23 CFR parts 620 through 637............................................ 2012 2013
6 23 CFR parts 645 through 669............................................ 2013 2014
7 23 CFR parts 710 through 924............................................ 2014 2015
8 23 CFR parts 940 through 973............................................ 2015 2016
9 23 CFR parts 1200 through 1252.......................................... 2016 2017
10 New parts and subparts.................................................. 2017 2018
----------------------------------------------------------------------------------------------------------------
Federal-Aid Highway Program
The FHWA has adopted regulations in title 23 of the CFR, chapter I,
related to the Federal-Aid Highway Program. These regulations implement
and carry out the provisions of Federal law relating to the
administration of Federal aid for highways. The primary law authorizing
Federal aid for highways is chapter I of title 23 of the U.S.C. Section
145 of title 23 expressly provides for a federally assisted State
program. For this reason, the regulations adopted by the FHWA in title
23 of the CFR primarily relate to the requirements that States must
meet to receive Federal funds for the construction and other work
related to highways. Because the regulations in title 23 primarily
relate to States, which are not defined as small entities under the
Regulatory Flexibility Act, the FHWA believes that its regulations in
title 23 do not have a significant economic impact on a substantial
number of small entities. The FHWA solicits public comment on this
preliminary conclusion.
Year 2 (fall 2009) List of rules that will be analyzed during the next
year
23 CFR part 1 - General
23 CFR part 140 - Reimbursement
23 CFR part 172 - Administration of engineering and design-related
service contracts
23 CFR part 180 - Credit assistance for Surface Transportation projects
23 CFR part 190 - Incentive payments for controlling outdoor
advertising on the Interstate system
23 CFR part 192 - Drug offender's driver's license suspension
23 CFR part 200 - Title VI program and related statutes-implementation
and review procedures
23 CFR part 230 - External programs
23 CFR part 260 - Education and training programs
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
Analysis
Year Regulations To Be Reviewed Year Review Year
----------------------------------------------------------------------------------------------------------------
1 49 CFR parts 372, subpart A, and 381.................................... 2008 2009
2 49 CFR parts 386, 389, and 395.......................................... 2009 2010
3 49 CFR parts 325, 388, 350, and 355..................................... 2010 2011
4 49 CFR parts 380 and 382 to 385......................................... 2011 2012
5 49 CFR parts 390 to 393 and 396 to 399.................................. 2012 2013
6 49 CFR parts 356, 367, 369 to 371, 372, subparts B-C.................... 2013 2014
[[Page 21851]]
7 49 CFR parts 373, 374, 376, and 379..................................... 2014 2015
8 49 CFR parts 360, 365, 366, and 368..................................... 2015 2016
9 49 CFR parts 377, 378, and 387.......................................... 2016 2017
10 49 CFR parts 303, 375, and new parts and subparts....................... 2017 2018
----------------------------------------------------------------------------------------------------------------
Year 1 (fall 2008) List of rules analyzed and a summary of results
49 CFR part 372, subpart A - Exemptions
Section 610: There is no SEIOSNOSE. No small entities are
affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FMCSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 381 - Waivers, exemptions, and pilot programs
Section 610: There is no SEIOSNOSE. No small entities are
affected.
General: These regulations are cost effective and impose the
least burden. FMCSA's plain language review of these rules indicates no
need for substantial revision.
Year 2 (fall 2009) List of rules that will be analyzed during the next
year
49 CFR part 386 - Rules of practice for motor carrier, broker, freight
forwarder, and hazardous materials proceedings
49 CFR part 389 - Rulemaking procedures--Federal motor carrier safety
regulations
49 CFR part 395 - Hours of service of drivers
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
Analysis
Year Regulations To Be Reviewed Year Review Year
----------------------------------------------------------------------------------------------------------------
1 49 CFR 571.223 through 571.500 and parts 575 and 579.................... 2008 2009
2 23 CFR parts 1200 and 1300.............................................. 2009 2010
3 49 CFR parts 501 through 526 and 571.213................................ 2010 2011
4 49 CFR 571.131, 571.217, 571.220, 571.221, and 571.222.................. 2011 2012
5 49 CFR 571.101 through 571.110, and 571.135, 571.138 and 571.139........ 2012 2013
6 49 CFR parts 529 through 578, except parts 571 and 575.................. 2013 2014
7 49 CFR 571.111 through 571.129 and parts 580 through 588................ 2014 2015
8 49 CFR 571.201 through 571.212.......................................... 2015 2016
9 49 CFR 571.214 through 571.219, except 571.217.......................... 2016 2017
10 49 CFR parts 591 through 595 and new parts and subparts................. 2017 2018
----------------------------------------------------------------------------------------------------------------
Year 1 (fall 2008) List of rules analyzed and a summary of the results
49 CFR part 571.223 - Rear impact guards
Section 610: No SEIOSNOSE. No economically significant impact
on small business.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 571.224 - Rear impact protection
Section 610: No SEIOSNOSE. No economically significant impact
on small business.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 571.225 - Child restraint anchorage systems
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 571.301 - Fuel system integrity
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 571.302 - Flammability of interior materials
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 571.303 - Fuel system integrity of compressed natural gas
vehicles
Section 610: No SEIOSNOSE. No small entities are affected.
[[Page 21852]]
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 571.304 - Compressed natural gas fuel container integrity
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 571.305 - Electric-powered vehicles: electrolyte spillage
and electrical shock protection
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 571.401 - Interior trunk release
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 571.403 - Platform lift systems for motor vehicles
Section 610: No SEIOSNOSE. No economically significant impact
on small business.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 571.404 - Platform lift installations in motor vehicles
Section 610: No SEIOSNOSE. No economically significant impact
on small business.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 571.500 - Low-speed vehicles
Section 610: No SEIOSNOSE. No economically significant impact
on small business.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 575 - Consumer information
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 579 - Reporting of information and communications about
potential defects
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
Year 2 (fall 2009) List of rules that will be analyzed during the next
year
23 CFR part 1200 - Uniform procedures for State highway safety programs
23 CFR part 1204 - [Reserved]
23 CFR part 1205 - Highway safety programs; determinations of
effectiveness
23 CFR part 1206 - Rules of procedure for invoking sanctions under the
Highway Safety Act of 1966
23 CFR part 1208 - National minimum drinking age
23 CFR part 1210 - Operation of motor vehicles by intoxicated minors
23 CFR part 1215 - Use of safety belts-compliance and transfer-of-funds
procedures
23 CFR part 1225 - Operation of motor vehicles by intoxicated persons
23 CFR part 1235 - Uniform system for parking for persons with
disabilities
23 CFR part 1240 - Safety incentive grants for use of seat belts-
allocations based on seat belt use rates
23 CFR part 1250 - Political subdivision participation in State highway
safety programs
23 CFR part 1251 - State highway safety agency
23 CFR part 1252 - State matching of planning and administration costs
23 CFR part 1270 - Open container laws
23 CFR part 1275 - Repeat intoxicated driver laws
FEDERAL RAILROAD ADMINISTRATION
SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
Analysis
Year Regulations To Be Reviewed Year Review Year
----------------------------------------------------------------------------------------------------------------
1 49 CFR parts 200 and 201................................................ 2008 2009
2 49 CFR parts 207, 209, 211, 215, 238, and 256........................... 2009 2010
3 49 CFR parts 210, 212, 214, 217, and 268................................ 2010 2011
4 49 CFR part 219......................................................... 2011 2012
5 49 CFR parts 218, 221, 241, and 244..................................... 2012 2013
6 49 CFR parts 216, 228, and 229.......................................... 2013 2014
7 49 CFR parts 223 and 233................................................ 2014 2015
8 49 CFR parts 224, 225, 231, and 234..................................... 2015 2016
[[Page 21853]]
9 49 CFR parts 222, 227, 235, 236, 250, 260, and 266...................... 2016 2017
10 49 CFR parts 213, 220, 230, 232, 239, 240, and 265...................... 2017 2018
----------------------------------------------------------------------------------------------------------------
Year 1 (Fall 2008) List of rules analyzed and a summary of results
49 CFR part 200 - Informal rules of practice for passenger service
Section 610: There is no SEIOSNOSE.
General: The rule prescribes procedures under which
applications are received and heard and by which rules and orders are
issued primarily affecting the Class I railroads and Amtrak, none of
which are small entities. FRA's plain language review of this rule
indicates no need for substantial revision.
49 CFR part 201 - Formal rules of practice for passenger service
Part 201 was removed from the CFR on May 27, 2009.
Year 2 (Fall 2009) List of rule(s) that will be analyzed during next
year
49 CFR part 207 - Informal rules of practice for passenger safety
49 CFR part 209 - Railroad safety enforcement procedures
49 CFR part 211 - Rules of practice
49 CFR part 215 - Railroad freight car safety standards
49 CFR part 238 - Passenger equipment safety standards
49 CFR part 256 - Passenger assistance for railroad passenger terminals
FEDERAL TRANSIT ADMINISTRATION
SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
Analysis
Year Regulations To Be Reviewed Year Review Year
----------------------------------------------------------------------------------------------------------------
1 49 CFR parts 604, 605, and 633.......................................... 2008 2009
2 49 CFR parts 661 and 665................................................ 2009 2010
3 49 CFR part 633......................................................... 2010 2011
4 49 CFR parts 609 and 611................................................ 2011 2012
5 49 CFR parts 613 and 614................................................ 2012 2013
6 49 CFR part 622......................................................... 2013 2014
7 49 CFR part 630......................................................... 2014 2015
8 49 CFR part 639......................................................... 2015 2016
9 49 CFR parts 659 and 663................................................ 2016 2017
10 49 CFR part 665......................................................... 2017 2018
----------------------------------------------------------------------------------------------------------------
Year 1 (fall 2008) List of rules analyzed and summary of results
49 CFR part 604 - Charter service
Section 610: The Agency has determined that the rule will not
have a significant effect on a substantial number of small entities.
General: This rule clarifies and sets forth provisions to
protect private charter operators from unfair competition by public
transit agencies. The rule was drafted using plain language techniques.
49 CFR part 661 - Buy America
Section 610: The Agency has determined that the rule will not
have a significant effect on a substantial number of small entities.
General: This rulemaking amends FTA's Buy America requirements
by adding bi-metallic rail to the list of traction power equipment. The
rule was drafted using plain language techniques.
Year 2 (fall 2009) List of rules that will be analyzed during the next
year
49 CFR part 605 - School bus operations
49 CFR part 633 - Program management oversight
49 CFR part 665 - Bus testing
MARITIME ADMINISTRATION
SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
Analysis
Year Regulations To Be Reviewed Year Review Year
----------------------------------------------------------------------------------------------------------------
1 46 CFR parts 201 through 205............................................ 2008 2009
2 46 CFR parts 221 through 232............................................ 2009 2010
3 46 CFR parts 249 through 296............................................ 2010 2011
[[Page 21854]]
4 46 CFR part 298......................................................... 2011 2012
5 46 CFR parts 307 through 309............................................ 2012 2013
6 46 CFR part 310......................................................... 2013 2014
7 46 CFR parts 315 through 340............................................ 2014 2015
8 46 CFR parts 345 through 381............................................ 2015 2016
9 46 CFR parts 382 through 389............................................ 2016 2017
10 46 CFR parts 390 through 393............................................ 2017 2018
----------------------------------------------------------------------------------------------------------------
Year 1 (fall 2008) List of rules analyzed and a summary of the results
46 CFR part 201 - Rules of practice and procedure
Section610: No SEIOSNOSE. Some small entities may be affected,
but the economicimpact on small entities will not be significant.
General: Nochanges are needed. Where confusing or wordy
language has been identified,revisions will be made.
46 CFR part 202 - Procedures relating to review by Secretary of
Transportation of actions by Maritime Subsidy Board
Section610: No SEIOSNOSE. Some small entities may be affected,
but the economicimpact on small entities will not be significant.
General: Nochanges are needed. Where confusing or wordy
language has been identified,revisions will be made.
46 CFR part 203 - Procedures relating to conduct of certain hearings
under the Merchant Marine Act, 1936
Section610: No SEIOSNOSE. Some small entities may be affected,
but the economicimpact on small entities will not be significant.
General: Nochanges are needed. Where confusing or wordy
language has been identified,revisions will be made.
46 CFR part 204 - Claims against the Maritime Administration under the
Federal Tort Claim Act
Section610: No SEIOSNOSE. Some small entities may be affected,
but the economicimpact on small entities will not be significant.
General: Nochanges are needed. Where confusing or wordy
language has been identified,revisions will be made.
46 CFR part 205 - Audit appeals; policy and procedure
Section610: No SEIOSNOSE. Some small entities may be affected,
but the economicimpact on small entities will not be significant.
General: Nochanges are needed. Where confusing or wordy
language has been identified,revisions will be made.
Year 2 (fall 2009) List of rules that will be analyzed during the next
year
46 CFR part 221 - Regulated transactions involving documented vessels
and other maritime interests
46 CFR part 232 - Uniform financial reporting requirements
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA)
SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
Analysis
Year Regulations To Be Reviewed Year Review Year
----------------------------------------------------------------------------------------------------------------
1 part 178................................................................ 2008 2009
2 parts 178 through 180................................................... 2009 2010
3 parts 172 and 175....................................................... 2010 2011
4 sections 171.15 and 171.16.............................................. 2011 2012
5 parts 106, 107, 171, 190, and 195....................................... 2012 2013
6 parts 174, 177, 191, and 192............................................ 2013 2014
7 parts 176 and 199....................................................... 2014 2015
8 parts 172 through 178................................................... 2015 2016
9 parts 172, 173, 174, 176, 177, and 193.................................. 2016 2017
10 parts 173 and 194....................................................... 2017 2018
----------------------------------------------------------------------------------------------------------------
Year 1 (fall 2008) List of rules with ongoing analysis
49 CFR part 178 - Specifications for packaging
Year 2 (fall 2009) List of rules that will be analyzed during the next
year
49 CFR part 178 - Specifications for packagings
49 CFR part 179 - Specifications for tank cars
49 CFR part 180 - Continuing qualification and maintenance of
packagings
[[Page 21855]]
RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION (RITA)
SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
Analysis
Year Regulations To Be Reviewed Year Review Year
----------------------------------------------------------------------------------------------------------------
1 14 CFR part 241, form 41................................................ 2008 2009
2 14 CFR part 241, schedule T-100, and part 217........................... 2009 2010
3 14 CFR part 298......................................................... 2010 2011
4 14 CFR part 241, section 19-7........................................... 2011 2012
5 14 CFR part 291......................................................... 2012 2013
6 14 CFR part 234......................................................... 2013 2014
7 14 CFR part 249......................................................... 2014 2015
8 14 CFR part 248......................................................... 2015 2016
9 14 CFR part 250......................................................... 2016 2017
10 14 CFR part 374a, ICAO.................................................. 2017 2018
----------------------------------------------------------------------------------------------------------------
Year 1 (fall 2008) List of rules with ongoing analysis
14 CFR part 241 - Uniform system of accounts and reports for large
certificated air carriers, form 41
Year 2 (fall 2009) List of rules that will be analyzed during the next
year
14 CFR part 217 - Reporting traffic statistics by foreign air carriers
in civilian scheduled, charter, and nonscheduled services
14 CFR part 241 - Uniform system of accounts and reports for large
certificated air carriers, Schedule T-100
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION
SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
Analysis
Year Regulations To Be Reviewed Year Review Year
----------------------------------------------------------------------------------------------------------------
1 33 CFR parts 401 through 403............................................ 2008 2009
----------------------------------------------------------------------------------------------------------------
Year 1 (fall 2008) List of rules with ongoing analysis
33 CFR part 401 - Seaway Regulations and Rules
33 CFR part 402 - Tariff of Tolls
33 CFR part 403 - Rules of Procedure of the Joint Tolls Review Board
Office of the Secretary--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
235 Use of the Seat-Strapping Method for Carrying a Wheelchair on an Aircraft............. 2105-AD87
236 [rplus]Enhancing Airline Passenger Protections--Part 2................................ 2105-AD92
237 Procedures for Transportation Workplace Drug and Alcohol Testing Programs............. 2105-AD95
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
Federal Aviation Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
238 [rplus]Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers........ 2120-AJ00
239 [rplus]Air Ambulance and Commercial Helicopter Operations; Safety Initiatives and 2120-AJ53
Miscellaneous Amendments..............................................................
240 [rplus]Flight and Duty Time Limitations and Rest Requirements......................... 2120-AJ58
241 [rplus]Operation and Certification of Small Unmanned Aircraft Systems (sUAS).......... 2120-AJ60
242 [rplus]Repair Stations................................................................ 2120-AJ61
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
[[Page 21856]]
Federal Aviation Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
243 [rplus]Automatic Dependent Surveillance--Broadcast (ADS-B) Equipage Mandate To Support 2120-AI92
Air Traffic Control Service...........................................................
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
Federal Aviation Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
244 [rplus]Commuter Operations in Very Light Jets (VLJs).................................. 2120-AI84
245 [rplus]Activation of Ice Protection................................................... 2120-AJ43
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
Federal Aviation Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
246 [rplus]Flight Crewmember Duty Limitations and Rest Requirements....................... 2120-AI93
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
Federal Motor Carrier Safety Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
247 [rplus]Unified Registration System.................................................... 2126-AA22
248 [rplus]Drivers of Commercial Vehicles: Restricting the Use of Cellular Phones (Section 2126-AB29
610 Review)...........................................................................
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
Federal Motor Carrier Safety Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
249 [rplus]National Registry of Certified Medical Examiners............................... 2126-AA97
250 [rplus]Commercial Driver's License Testing and Commercial Learner's Permit Standards.. 2126-AB02
251 [rplus]Cargo Insurance for Property Loss or Damage.................................... 2126-AB21
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
Federal Motor Carrier Safety Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
252 [rplus]Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor 2126-AA35
Carriers Operating in the United States...............................................
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
[[Page 21857]]
Federal Motor Carrier Safety Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
253 Interstate Van Operations............................................................. 2126-AA98
----------------------------------------------------------------------------------------------------------------
National Highway Traffic Safety Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
254 [rplus]Ejection Mitigation............................................................ 2127-AK23
255 [rplus]Passenger Car and Light Truck Corporate Average Fuel Economy Standards MYs 2012 2127-AK50
to 2016...............................................................................
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
Federal Railroad Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
256 [rplus]Hours of Service--Passenger Train Employees (Rulemaking Resulting From a 2130-AC15
Section 610 Review)...................................................................
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
Federal Railroad Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
257 [rplus]Positive Train Control......................................................... 2130-AC03
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
Pipeline and Hazardous Materials Safety Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
258 [rplus]Hazardous Materials: Revisions to Requirements for the Transportation of 2137-AE44
Lithium Batteries.....................................................................
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
Maritime Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
259 [rplus]Cargo Preference--Compromise, Assessment, Mitigation, Settlement, and 2133-AB75
Collection of Civil Penalties.........................................................
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
_______________________________________________________________________
Department of Transportation (DOT) Proposed Rule Stage
Office of the Secretary (OST)
_______________________________________________________________________
235. USE OF THE SEAT-STRAPPING METHOD FOR CARRYING A WHEELCHAIR ON AN
AIRCRAFT
Legal Authority: The Department has authority and responsibility under
the ACAA (49 USC 41705) to ensure that US and foreign air carriers do
not discriminate against air travelers on the basis of disability
Abstract: This rulemaking would address whether or not carriers should
be allowed to utilize the seat-strapping method to stow a passenger's
wheelchair in the aircraft cabin.
[[Page 21858]]
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 04/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Blane A. Workie, Attorney, Department of
Transportation, Office of the Secretary, 1200 New Jersey Avenue, SE,
Washington, DC 20590
Phone: 202 366-9342
TDD Phone: 202 755-7687
Fax: 202 366-7152
Email: [email protected]
RIN: 2105-AD87
_______________________________________________________________________
236. [rplus]ENHANCING AIRLINE PASSENGER PROTECTIONS--PART 2
Legal Authority: 49 USC 41712; 49 USC 40101(a)(4); 49 USC 40101(a)(9);
49 USC 41702
Abstract: This rulemaking would enhance airline passenger protections
by addressing the following areas: (1) Contingency plans for lengthy
tarmac delays; (2) reporting of tarmac delay data; (3) customer service
plans; (4) notification to passengers of flight status changes; (5)
inflation adjustment for denied boarding compensation; (6) alternative
transportation for passengers on canceled flights; (7) opt-out
provisions (e.g. travel insurance); (8) contract of carriage
provisions; (9) baggage fees disclosure; and (10) full fare
advertising.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 06/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Blane A. Workie, Attorney, Department of
Transportation, Office of the Secretary, 1200 New Jersey Avenue, SE,
Washington, DC 20590
Phone: 202 366-9342
TDD Phone: 202 755-7687
Fax: 202 366-7152
Email: [email protected]
RIN: 2105-AD92
_______________________________________________________________________
237. PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND
ALCOHOL TESTING PROGRAMS
Legal Authority: 40 USC 102; 40 USC 301; 40 USC 322; 40 USC 5331; 40
USC 20140; 40 USC 31306; 40 USC 31306; 40 USC 54101
Abstract: This rulemaking would propose to amend certain provisions of
its drug and alcohol testing procedures that will address collection
and testing of urine specimens. These changes would affect the role and
standards applying to collectors and Medical Review Officers (MROs).
The proposed changes are intended to create consistency with
requirements established by the U.S. Department of Health and Human
Services.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 02/04/10 75 FR 5772
NPRM Comment Period End 04/05/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Habib Azarsina, Department of Transportation, 1200 New
Jersey Avenue, SE, Washington, DC 20590
Phone: 202 366-1965
Email: [email protected]
RIN: 2105-AD95
BILLING CODE 4910--9X--S
_______________________________________________________________________
Department of Transportation (DOT) Proposed Rule Stage
Federal Aviation Administration (FAA)
_______________________________________________________________________
238. [rplus]QUALIFICATION, SERVICE, AND USE OF CREWMEMBERS AND AIRCRAFT
DISPATCHERS
Legal Authority: 49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC
44101; 49 USC 44701; 49 USC 44702; 49 USC 44705; 49 USC 44709 to 44711;
49 USC 44713; 49 USC 44716; 49 USC 44717; 49 USC 44722; 49 USC 44901;
49 USC 44903; 49 USC 44904; 49 USC 44912; 49 USC 46105
Abstract: This rulemaking would amend the regulations for crewmember
and dispatcher training programs in domestic, flag, and supplemental
operations. The rulemaking would enhance traditional training programs
by requiring the use of flight simulation training devices for flight
crewmembers and including additional training requirements in areas
that are critical to safety. The rulemaking would also reorganize and
revise the qualification and training requirements. The changes are
intended to contribute significantly to reducing aviation accidents.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 01/12/09 74 FR 1280
Proposed Rule; Notice of Public
Meeting 03/12/09 74 FR 10689
NPRM Comment Period Extended 04/20/09 74 FR 17910
NPRM Comment Period End 05/12/09
NPRM Extended Comment Period End08/10/09
Supplemental NPRM 09/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Nancy L Claussen, Federal Aviation Administration,
Department of Transportation, Federal Aviation Administration, 800
Independence Ave, SW, Washington, DC 20591
Phone: 202 267-8166
Email: [email protected]
RIN: 2120-AJ00
_______________________________________________________________________
239. [rplus]AIR AMBULANCE AND COMMERCIAL HELICOPTER OPERATIONS; SAFETY
INITIATIVES AND MISCELLANEOUS AMENDMENTS
Legal Authority: 49 USC 106(g); 49 USC 1155; 49 USC 40101 to 40103; 49
USC 40120; 49 USC 41706; 49 USC 41721; 49 USC 44101; 49 USC 44106; 49
USC 44111; 49 USC 46306; 49 USC 46315; 49 USC 46316; 49 USC 46504; 49
USC 46506; 49 USC 46507; 49 USC 47122; 49 USC 47508; 49 USC 47528 to
47531
Abstract: This rulemaking would change equipment and operating
requirements for commercial helicopter operations, including many
specifically for helicopter air ambulance operations. This rulemaking
is necessary to increase crew, passenger, and patient safety. The
intended effect is to implement the National Transportation
[[Page 21859]]
Safety Board, Aviation Rulemaking Committee, and internal FAA
recommendations.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 07/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Lawrence Buehler, Flight Standards Service, Department
of Transportation, Federal Aviation Administration, 800 Independence
Avenue SW, Washington, DC 20591
Phone: 202 267-8452
RIN: 2120-AJ53
_______________________________________________________________________
240. [rplus]FLIGHT AND DUTY TIME LIMITATIONS AND REST REQUIREMENTS
Legal Authority: 49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC
41706; 49 USC 44101; 49 USC 44701; 49 USC 44702; 49 USC 44705; 49 USC
44705; 49 USC 44709; 49 USC 44710; 49 USC 44711; 49 USC 44712; 49 USC
44713; 49 USC 44715; 49 USC 44716; 49 USC 44717; 49 USC 44722; 49 USC
45101; 49 USC 45102; 49 USC 45103; 49 USC 45104; 49 USC 45105; 49 USC
46105
Abstract: This rulemaking would establish one set of flight time
limitations, duty period limits, and rest requirements for pilots. The
rulemaking is necessary to ensure that pilots have the opportunity to
obtain sufficient rest to perform their duties. The objective of the
rule is to contribute to and to improve aviation safety. This
rulemaking is related to the following: an NPRM (RIN 2120-AF63), and a
Withdrawal (RIN 2120-AI93).
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 04/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Nancy L Claussen, Federal Aviation Administration,
Department of Transportation, Federal Aviation Administration, 800
Independence Ave, SW, Washington, DC 20591
Phone: 202 267-8166
Email: [email protected]
RIN: 2120-AJ58
_______________________________________________________________________
241. [rplus]OPERATION AND CERTIFICATION OF SMALL
UNMANNED AIRCRAFT SYSTEMS (SUAS)
Legal Authority: 49 USC 44701
Abstract: This rulemaking would enable small unmanned aircraft to
safely operate in limited portions of the national airspace system
(NAS). This action is necessary because it addresses the novel legal or
policy issues about the minimum safety parameters for operating
recreational remote control model and toy aircraft in the NAS. The
intended effect of this action is to develop requirements and standards
to ensure that risks are adequately mitigated, such that, safety is
maintained for the entire aviation community.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 03/00/11
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Stephen A Glowacki, Department of Transportation,
Federal Aviation Administration, 800 Independence Avenue, SW,
Washington, DC 20591
Phone: 202 385-4898
Email: [email protected]
RIN: 2120-AJ60
_______________________________________________________________________
242. [rplus]REPAIR STATIONS
Legal Authority: 49 USC 44701; 49 USC 44702
Abstract: This rulemaking would update and revise the regulations for
repair stations. The action is necessary because many portions of the
current regulations do not reflect current repair station business
practices, aircraft maintenance practices, or advances in aircraft
technology.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 11/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: John J Goodwin, Department of Transportation, Federal
Aviation Administration, 950 L'Enfant Plaza North, SW, Washington, DC
20024
Phone: 202 385-6417
Email: [email protected]
RIN: 2120-AJ61
_______________________________________________________________________
Department of Transportation (DOT) Final Rule Stage
Federal Aviation Administration (FAA)
_______________________________________________________________________
243. [rplus]AUTOMATIC DEPENDENT SURVEILLANCE--BROADCAST (ADS-B) EQUIPAGE
MANDATE TO SUPPORT AIR TRAFFIC CONTROL SERVICE
Legal Authority: 49 USC 1155; 49 USC 40103; 49 USC 40113; 49 USC 40120;
49 USC 44101; 49 USC 44111; 49 USC 44701; 49 USC 44709; 49 USC 44711;
49 USC 44712; 49 USC 44715; 49 USC 44716; 49 USC 44717; 49 USC 44722;
49 USC 46306; 49 USC 46315; 49 USC 46316; 49 USC 46504; 49 USC 46506;
49 USC 47122; 49 USC 47508; 49 USC 47528 to 47531; 49 USC 106(g);
Articles 12 and 29 of 61 stat.1180; 49 USC 46507
Abstract: This rulemaking would add equipage requirements and
performance standards for Automatic Dependent Surveillance--Broadcast
(ADS-B) Out avionics on aircraft operating in specified classes of
airspace within the U.S. National Airspace System. This action
facilitates the use of ADS-B for aircraft surveillance by FAA and
Department of Defense (DOD) air traffic controllers to safely and
efficiently accommodate aircraft operations and the expected increase
in demand for air transportation. This rule would also provide aircraft
operators with a platform for additional flight applications and
services.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 10/05/07 72 FR 56947
NPRM Comment Period End 11/19/07
NPRM Comment Period Extended 01/03/08
Comment Period End 03/03/08
[[Page 21860]]
Reopened for comments on ARAC
recommendation 10/02/08 73 FR 57270
Comment Period End 11/03/08
Final Rule 05/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Vincent Capezzuto, Federal Aviation Administration,
Department of Transportation, Federal Aviation Administration, 800
Independence Avenue, SW, Washington, DC 20591
Phone: 202 385-8637
Email: [email protected]
RIN: 2120-AI92
_______________________________________________________________________
Department of Transportation (DOT) Long-Term Actions
Federal Aviation Administration (FAA)
_______________________________________________________________________
244. [rplus]COMMUTER OPERATIONS IN VERY LIGHT JETS (VLJS)
Legal Authority: 49 USC 106(g); 49 USC 1155; 49 USC 40103; 49 USC
40113; 49 USC 40119; 49 USC 40120; 49 USC 44101; 49 USC 44111; 49 USC
44701; 49 USC 44705; 49 USC 44709 to 44713; 49 USC 44715 to 44717; 49
USC 44722; 49 USC 44901; 49 USC 44903; 49 USC 44912; 49 USC 46105; 49
USC 46306; 49 USC 46316; 49 USC 46504; 49 USC 46506; 49 USC 47122; 49
USC 47508; 49 USC 47528 to 47531; 49 USC 44702; 49 USC 44904; 49 USC
46507
Abstract: This rulemaking would establish a rule to allow passenger-
carrying commuter operations to be conducted under the provisions of
part 135 using multiengine turbojets, certificated under either part 23
or part 25, configured with 9 or fewer passenger seats. The rulemaking
would allow multiengine turbojet operators to provide commuter service
to the traveling public, thus accommodating new technologies and a new
generation of turbojet airplanes that otherwise would not be allowed in
part 135 commuter service. Since 1995, turbojets used in scheduled
operations must operate under the provisions of part 121. This current
rulemaking resulted, in part, from recommendations from the Aviation
Rulemaking Committee for parts 14 CFR 135/125 and covers pilot crew,
equipment, training, and dispatch requirements for the safe operation
of this new generation airplane. The previous internet report listed
this item as an NPRM with a scheduled publication date of 10/20/09. FAA
is now reconsidering what action to take with respect to this
rulemaking.
Timetable: Next Action Undetermined
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Alberta Brown, Air Transportation Division, Department
of Transportation, Federal Aviation Administration, 800 Independence
Avenue, SW, Washington, DC 20591
Phone: 202 267-8321
RIN: 2120-AI84
_______________________________________________________________________
245. [rplus]ACTIVATION OF ICE PROTECTION
Legal Authority: 49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC
44101; 49 USC 44701; 49 USC 44705; 49 USC 44709 to 44711; 49 USC 44713;
49 USC 44716; 49 USC 44722; 49 USC 44901; 49 USC 44903; 49 USC 44912;
49 USC 46105; 49 USC 44702; 49 USC 44717; 49 USC 44904
Abstract: This rulemaking would amend the regulations applicable to
operators of certain airplanes used in air carrier service and
certificated for flight in icing conditions. The standards would
require either the installation of ice detection equipment or changes
to the Airplane Flight Manual to ensure timely activation of the
airframe ice protection system. This regulation is the result of
information gathered from a review of icing accidents and incidents,
and it is intended to improve the level of safety when airplanes are
operated in icing conditions.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 11/23/09 74 FR 61055
NPRM Comment Period End 02/22/10
Next Action Undetermined
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Jerry Ostronic, Air Carrier Operations Branch, AFS 220,
Department of Transportation, Federal Aviation Administration, 800
Independence Avenue, SW, Washington, DC 20591
Phone: 202 267-8166
Fax: 202 267-5229
Email: [email protected]
RIN: 2120-AJ43
_______________________________________________________________________
Department of Transportation (DOT) Completed Actions
Federal Aviation Administration (FAA)
_______________________________________________________________________
246. [rplus]FLIGHT CREWMEMBER DUTY LIMITATIONS AND REST REQUIREMENTS
Legal Authority: 49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC
44101; 49 USC 44701 to 44703; 49 USC 44705; 49 USC 44709 to 44713; 49
USC 44712; 49 USC 44713; 49 USC 44715 to 44717; 49 USC 44722; 49 USC
44901; 49 USC 44903; 49 USC 44912; 49 USC 44904
Abstract: This rulemaking would withdraw a previously published NPRM
(RIN 2120-AF63) that proposed to establish one set of duty period
limitations, flight time limitations, and rest requirements for flight
crewmembers engaged in air transportation. The NPRM also proposed to
establish consistent and clear duty period limitations, flight time
limitations, and rest requirements for domestic, flag, supplemental,
commuter and on-demand operations. This action is necessary, because
(1) the NPRM is outdated and (2) there were many significant issues
commenters raised.
[[Page 21861]]
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 12/30/95 60 FR 65951
NPRM Comment Period End 03/19/96
Withdrawn 11/23/09 74 FR 61067
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Larry Youngblut, Flight Standards Service, Department
of Transportation, Federal Aviation Administration, 800 Independence
Avenue SW, Washington, DC 20951
Phone: 202 267-9360
Email: [email protected]
RIN: 2120-AI93
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_______________________________________________________________________
Department of Transportation (DOT) Proposed Rule Stage
Federal Motor Carrier Safety Administration (FMCSA)
_______________________________________________________________________
247. [rplus]UNIFIED REGISTRATION SYSTEM
Legal Authority: PL 104-88; 109 Stat. 803, 888 (1995); 49 USC 13908; PL
109-159, sec 4304
Abstract: This rulemaking would replace three current identification
and registration systems: the US DOT number identification system, the
commercial registration system, and the financial responsibility
system, with an online Federal unified registration system (URS). This
program would serve as a clearinghouse and depository of information
on, and identification of, brokers, freight forwarders, and others
required to register with the Department of Transportation. The Agency
is revising this rulemaking to address amendments directed by SAFETEA-
LU. The replacement system for the Single State Registration System,
which the ICC Termination Act originally directed be merged under URS,
will be addressed separately.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 08/26/96 61 FR 43816
ANPRM Comment Period End 10/25/96
NPRM 05/19/05 70 FR 28990
NPRM Comment Period End 08/17/05
Supplemental NPRM 09/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Valerie Height, Management Analyst, Department of
Transportation, Federal Motor Carrier Safety Administration, Office of
Policy Plans and Regulation (MC-PRR), 1200 New Jersey Avenue, SE.,
Washington, DC 20590
Phone: 202 366-0901
Email: [email protected]
RIN: 2126-AA22
_______________________________________________________________________
248. [rplus]DRIVERS OF COMMERCIAL VEHICLES:
RESTRICTING THE USE OF CELLULAR PHONES (SECTION 610 REVIEW)
Legal Authority: PL 98-554
Abstract: This rulemaking would restrict the use of cell phones while
operating a commercial motor vehicle. This rulemaking is in response to
Federal Motor Carrier Safety Administration-sponsored studies that
analyzed safety incidents and distracted drivers. This rulemaking would
also address the National Transportation Safety Board's ``Most Wanted
List'' of safety recommendations.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 07/00/10
Regulatory Flexibility Analysis Required: Undetermined
Agency Contact: Mike Huntley, Chief, Vehicle and Roadside Operations
Division, Department of Transportation, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590
Phone: 202 366-9209
Email: [email protected]
RIN: 2126-AB29
_______________________________________________________________________
Department of Transportation (DOT) Final Rule Stage
Federal Motor Carrier Safety Administration (FMCSA)
_______________________________________________________________________
249. [rplus]NATIONAL REGISTRY OF CERTIFIED MEDICAL EXAMINERS
Legal Authority: PL 109-59 (2005), sec 4116
Abstract: This rulemaking would establish training, testing, and
certification standards for medical examiners responsible for
certifying that interstate commercial motor vehicle drivers meet
established physical qualifications standards; provide a database (or
National Registry) of medical examiners that meet the prescribed
standards for use by motor carriers, drivers, and Federal and State
enforcement personnel in determining whether a medical examiner is
qualified to conduct examinations of interstate truck and bus drivers;
and require medical examiners to transmit electronically to FMCSA the
name of the driver and a numerical identifier for each driver that is
examined. The rulemaking would also establish the process by which
medical examiners that fail to meet or maintain the minimum standards
would be removed from the National Registry. This action is in response
to section 4116 of Safe, Accountable, Flexible, Efficient,
Transportation Equity Act: A Legacy for Users.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 12/01/08 73 FR 73129
NPRM Comment Period End 01/30/09
Final Rule 12/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Dr. Mary D. Gunnels, Director, Office of Medical
Programs, Department of Transportation, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590
Phone: 202 366-4001
[[Page 21862]]
Email: [email protected]
RIN: 2126-AA97
_______________________________________________________________________
250. [rplus]COMMERCIAL DRIVER'S LICENSE TESTING AND COMMERCIAL LEARNER'S
PERMIT STANDARDS
Legal Authority: PL 109-347, sec 703; 49 USC 31102; PL 105-178, 112
stat 414 (1998); PL 99-570, title XII, 100 stat 3207 (1086); PL 102-
240, sec 4007(a)(1), stat 1914, 2151; PL 109-59 (2005), sec 4122; 49
USC 31136
Abstract: This rulemaking would establish revisions to the commercial
driver's license knowledge and skills testing standards as required by
section 4019 of TEA-21, implement fraud detection and prevention
initiatives at the State driver licensing agencies as required by the
SAFE Port Act of 2006, and establish new minimum Federal standards for
States to issue commercial learner's permits (CLPs), based in part on
the requirements of section 4122 of SAFETEA-LU. In addition, to
ensuring the applicant has the appropriate knowledge and skills to
operate a commercial motor vehicle, this rule would establish the
minimum information that must be on the CLP document and the electronic
driver's record. The rule would also establish maximum issuance and
renewal periods, establish a minimum age limit, address issues related
to a driver's State of Domicile, and incorporate previous regulatory
guidance into the Federal regulations. This rule would also address
issues raised in the SAFE Port Act.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 04/09/08 73 FR 19282
NPRM Comment Period Extended 06/09/08 73 FR 32520
NPRM Comment Period End 06/09/08
NPRM Comment Period End Extended
to 07/09/08
Final Rule 09/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Robert Redmond, Senior Transportation Specialist,
Department of Transportation, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590
Phone: 202 366-5014
Email: [email protected]
RIN: 2126-AB02
_______________________________________________________________________
251. [rplus]CARGO INSURANCE FOR PROPERTY LOSS OR
DAMAGE
Legal Authority: 49 USC 13906
Abstract: This final rule would eliminate the requirement for most for-
hire motor carriers of property and freight forwarders to maintain
cargo insurance in prescribed minimum amounts and file evidence of this
insurance with FMCSA. Household goods motor carriers and household
goods freight forwarders would continue to be subject to this cargo
insurance requirement. This rule was split from RIN 2126-AA22.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Final Rule 07/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Dorothea Grymes, Lead Transportation Specialist,
Department of Transportation, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590
Phone: 202 385-2405
Email: [email protected]
RIN: 2126-AB21
_______________________________________________________________________
Department of Transportation (DOT) Long-Term Actions
Federal Motor Carrier Safety Administration (FMCSA)
_______________________________________________________________________
252. [rplus]SAFETY MONITORING SYSTEM AND COMPLIANCE INITIATIVE FOR
MEXICO-DOMICILED MOTOR CARRIERS OPERATING IN THE UNITED STATES
Legal Authority: PL 107-87, sec 350; 49 USC 113; 49 USC 31136; 49 USC
31144; 49 USC 31502; 49 USC 504; 49 USC 5113; 49 USC 521(b)(5)(A)
Abstract: This rule would implement a safety monitoring system and
compliance initiative designed to evaluate the continuing safety
fitness of all Mexico-domiciled carriers within 18 months after
receiving a provisional Certificate of Registration or provisional
authority to operate in the United States. It also would establish
suspension and revocation procedures for provisional Certificates of
Registration and operating authority, and incorporate criteria to be
used by FMCSA in evaluating whether Mexico-domiciled carriers exercise
basic safety management controls. The interim rule included
requirements that were not proposed in the NPRM but which are necessary
to comply with the FY-2002 DOT Appropriations Act. On January 16, 2003,
the Ninth Circuit Court of Appeals remanded this rule, along with two
other NAFTA-related rules, to the agency, requiring a full
environmental impact statement and an analysis required by the Clean
Air Act. On June 7, 2004, the Supreme Court reversed the Ninth Circuit
and remanded the case, holding that FMCSA is not required to prepare
the environmental documents. FMCSA originally planned to publish a
final rule by November 28, 2003. FMCSA will determine the next steps to
be taken after enactment of any pending legislation authorizing cross
border trucking.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 05/03/01 66 FR 22415
NPRM Comment Period End 07/02/01
Interim Final Rule 03/19/02 67 FR 12758
Interim Final Rule Comment
Period End 04/18/02
Interim Final Rule Effective* 05/03/02
Notice of Intent To Prepare an
EIS 08/26/03 68 FR 51322
EIS Public Scoping Meetings 10/08/03 68 FR 58162
Next Action Undetermined
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Dominick Spataro, Chief, Borders Division, Department
of Transportation, Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue, SE, Washington, DC 20590
Phone: 202 266-2995
Email: [email protected]
RIN: 2126-AA35
[[Page 21863]]
_______________________________________________________________________
Department of Transportation (DOT) Completed Actions
Federal Motor Carrier Safety Administration (FMCSA)
_______________________________________________________________________
253. INTERSTATE VAN OPERATIONS
Legal Authority: PL 109-59 (2005), Sec 4136
Abstract: This rulemaking would make the requirements concerning driver
qualifications; driving of CMVs; parts and accessories necessary for
safe operations; hours of service; and inspection, repair, and
maintenance applicable to the operation of vehicles designed or used to
transport between 9 and 15 passengers (including the driver) for direct
compensation, in interstate commerce, regardless of the distance
traveled. Currently the safety regulations apply to such vans when the
vehicle is operated beyond a 75-air-mile radius of the driver's work
reporting location. This action is in response to SAFETEA-LU.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Final Rule 02/01/10 75 FR 4996
Final Rule Effective 05/03/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Thomas Yager, Driver and Carrier Operations Division,
Department of Transportation, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590
Phone: 202 366-4325
Email: [email protected]
RIN: 2126-AA98
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_______________________________________________________________________
Department of Transportation (DOT) Final Rule Stage
National Highway Traffic Safety Administration (NHTSA)
_______________________________________________________________________
254. [rplus]EJECTION MITIGATION
Legal Authority: 49 USC 30111; 49 USC 30115; 49 USC 30117; 49 USC
30166; 49 USC 322; delegation of authority at 49 CFR 1.50
Abstract: This rulemaking would create a new Federal Motor Vehicle
Safety Standard (FMVSS) for reducing occupant ejection. Currently,
there are over 52,000 annual ejections in motor vehicle crashes, and
over 10,000 ejected fatalities per year. This rulemaking would propose
new requirements for reducing occupant ejection through passenger
vehicle side widows. The requirement would be an occupant containment
requirement on the amount of allowable excursion through passenger
vehicle side windows. The SAFETEA-LU legislation requires that: ``[t]he
Secretary shall also initiate a rulemaking proceeding to establish
performance standards to reduce complete and partial ejections of
vehicle occupants from outboard seating positions. In formulating the
standards the Secretary shall consider various ejection mitigation
systems. The Secretary shall issue a final rule under this paragraph no
later than October 1, 2009.'' The SAFETEA-LU legislation also requires
that if the Secretary determines that the subject final rule deadline
cannot be met, the Secretary shall notify and provide an explanation to
the Senate Committee on Commerce, Science and Transportation and the
House of Representatives Committee on Energy and Commerce of the delay.
On September 24, 2009, the Secretary provided appropriate notification
to Congress that the final rule will be delayed until January 31, 2011.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 12/02/09 74 FR 63180
NPRM Comment Period End 02/01/10
Final Action 01/00/11
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Louis Molino, Safety Standards Engineer, Department of
Transportation, National Highway Traffic Safety Administration, 1200
New Jersey Avenue, SE, Washington, DC 20590
Phone: 202 366-1833
Fax: 202 366-4329
Email: [email protected]
RIN: 2127-AK23
_______________________________________________________________________
255. [rplus]PASSENGER CAR AND LIGHT TRUCK CORPORATE AVERAGE FUEL ECONOMY
STANDARDS MYS 2012 TO 2016
Legal Authority: 49 USC 32902; delegation of authority at 49 CFR 1.50
Abstract: This rulemaking would address Corporate Average Fuel Economy
(CAFE) standards for light trucks and passenger cars for model years
2012-2016. CAFE standards must be set at least 18 months prior to the
start of a model year. The NPRM for this rulemaking was inadvertently
published under RIN 2127-AK90.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 09/28/09 74 FR 49453
NPRM Comment Period End 11/27/09
Final Rule 04/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Stephen Wood, Director, Rulemaking Division, Department
of Transportation, National Highway Traffic Safety Administration, 1200
New Jersey Avenue, SE, Washington, DC 20590
Phone: 202 366-2992
Email: [email protected]
RIN: 2127-AK50
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[[Page 21864]]
_______________________________________________________________________
Department of Transportation (DOT) Proposed Rule Stage
Federal Railroad Administration (FRA)
_______________________________________________________________________
256. [rplus]HOURS OF SERVICE--PASSENGER TRAIN EMPLOYEES (RULEMAKING
RESULTING FROM A SECTION 610 REVIEW)
Legal Authority: PL 110-432, div A, 122 stat 4848 et seq; Rail Safety
Improvement Act of 2008; sec 108(e) (49 USC 21109)
Abstract: This rulemaking would establish hours of service requirements
for train employees engaged in commuter and intercity passenger rail
transport.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 10/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Kathryn Shelton, Trial Attorney, Department of
Transportation, Federal Railroad Administration, 1200 New Jersey
Avenue, SE, Washington, DC 20590
Phone: 202 493-6063
Email: [email protected]
RIN: 2130-AC15
_______________________________________________________________________
Department of Transportation (DOT) Final Rule Stage
Federal Railroad Administration (FRA)
_______________________________________________________________________
257. [rplus]POSITIVE TRAIN CONTROL
Legal Authority: PL 110-432, sec 104 (Codified at 49 USC 20157); Rail
Safety Improvement Act of 2008
Abstract: This rulemaking would regulate the submission of Positive
Train Control plans; the implementation of the Positive Train Control
Systems; and the qualification, installation, maintenance and use of
the these systems required under 49 USC 20157 or specifically required
by the Federal Railroad Administration.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 07/21/09 74 FR 35950
NPRM Comment Period End 08/20/09
Final Rule 01/15/10 75 FR 2598
Final Rule Effective 03/16/10
Final Rule; Response to Comments To Be Determined
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Kathryn Shelton, Trial Attorney, Department of
Transportation, Federal Railroad Administration, 1200 New Jersey
Avenue, SE, Washington, DC 20590
Phone: 202 493-6063
Email: [email protected]
RIN: 2130-AC03
BILLING CODE 4910--06--S
_______________________________________________________________________
Department of Transportation (DOT) Final Rule Stage
Pipeline and Hazardous Materials Safety Administration (PHMSA)
_______________________________________________________________________
258. [rplus]HAZARDOUS MATERIALS: REVISIONS TO REQUIREMENTS FOR THE
TRANSPORTATION OF LITHIUM BATTERIES
Legal Authority: 49 USC 5101 et seq
Abstract: This rulemaking would amend the Hazardous Materials
Regulations to comprehensively address the safe transportation of
lithium cells and batteries. The intent of the rulemaking is to
strengthen the current regulatory framework by imposing more effective
safeguards, including design testing to address risks related to
internal short circuits, and enhanced packaging, hazard communication,
and operational measures for various types and sizes of lithium
batteries in specific transportation contexts. The rulemaking responds
to several recommendations issued by the National Transportation Safety
Board.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 01/11/10 75 FR 1302
NPRM Comment Period End 03/12/10
Final Rule 01/00/11
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Kevin Leary, Transportation Specialist, Department of
Transportation, Pipeline and Hazardous Materials Safety Administration,
1200 New Jersey Avenue, SE, Washington, DC 20590
Phone: 202 366-8553
Email: [email protected]
RIN: 2137-AE44
BILLING CODE 4910--60--S
_______________________________________________________________________
Department of Transportation (DOT) Proposed Rule Stage
Maritime Administration (MARAD)
_______________________________________________________________________
259. [rplus]CARGO PREFERENCE--COMPROMISE, ASSESSMENT, MITIGATION,
SETTLEMENT, AND COLLECTION OF CIVIL PENALTIES
Legal Authority: PL 110-417
Abstract: This rulemaking would establish part 383 of the Cargo
Preference regulations. This rulemaking would cover Public Law 110-417,
Section 3511 National Defense Authorization Act for FY 2009 statutory
changes to the cargo preference rules, which have not been
substantially revised since 1971. The rulemaking also would include
compromise, assessment, mitigation, settlement, and collection of civil
penalties.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 09/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Christine Gurland, Department of Transportation,
Maritime
[[Page 21865]]
Administration, 1200 New Jersey Avenue, SE, Washington, DC 20590
Phone: 202 366-5157
Email: [email protected]
RIN: 2133-AB75
[FR Doc. 2010-8987 Filed 04-23-10; 8:45 am]
BILLING CODE 4910-81-S