Regulatory Review Report, 33780-33799 [06-5240]
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dsatterwhite on PROD1PC76 with NOTICES
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Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Notices
and industrial water uses from Niagara
Falls, New York and Ontario to Trois´
Rivieres, Quebec.
The Commission will consider
changes to the current regulation plan,
Plan 1958–D, and to its Orders of
Approval for regulation of Lake Ontario
outflows.
The public is invited to provide
comments on the Study Board report,
and any other relevant matters, to assist
the Commission in its deliberations.
Copies of the Study Board report are
available from the Commission at the
addresses below, or online from https://
www.ijc.org/en/activities/losl/
index.php.
Comments, which must be received
by July 31, 2006, can be submitted
online at https://www.ijc.org/en/
activities/losl/index.php or sent by
letter, fax or email to either address
below:
U.S. Section Secretary, International
Joint Commission, 1250 23rd Street
NW., Suite 100, Washington, DC
20440. Tel: (202) 736–9024. Fax: (202)
467–0746.
Commission@washington.ijc.org.
Canadian Section Secretary,
International Joint Commission, 234
Laurier Avenue West, 22nd Floor,
Ottawa, ON K1P 6K6. Tel: (613) 995–
0088. Fax: (613) 993–5583.
Commission@ottawa.ijc.org.
Once the Commission has adequately
considered the Study Board report,
public comment and any other relevant
information, it will release a
‘‘preliminary decision’’ on regulation of
Lake Ontario outflows for public
comment. The Commission will
examine increasing the benefits of
regulation consistent with its
responsibility under the Boundary
Waters Treaty to ensure suitable and
adequate protection of all interests that
could be injured as a result of the
activities that it approves.
The Commission will also hold public
hearings, and consult with the
governments of Canada and the United
States to seek their concurrence, before
making a decision whether to change its
Orders of Approval or the current
regulation plan. The times and locations
will be announced.
Comments provided in writing or
orally will become part of a public
record that may be posted on the IJC’s
Web site or otherwise made available to
the public. To protect the privacy of any
person submitting comment, the IJC will
remove the following identifying
information from the incoming
communication before making the
comment available to the public: e-mail
address, street address, post office box,
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19:52 Jun 09, 2006
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zip code, postal code, telephone number
and fax number. The following
identifying information will remain part
of the record that is made available to
the public: Name, organizational
affiliation, city, and state/province.
For more information, contact Frank
Bevacqua (202) 736–9024;
bevacquaf@washington.ijc.org.
Dated: June 5, 2006.
Elizabeth C. Bourget,
Secretary, U.S. Section International Joint
Commission Department of State.
[FR Doc. E6–9132 Filed 6–9–06; 8:45 am]
BILLING CODE 4710–14–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary of
Transportation
[Docket No. OST–2005–20112]
Regulatory Review Report
Office of the Secretary of
Transportation (OST), DOT.
ACTION: Final report.
AGENCY:
This is the Department’s final
report providing a brief response,
including a description of further action
we intend to take, to the public’s
participation in the Department of
Transportation’s review of its existing
regulations and its current Regulatory
Agenda.
SUMMARY:
For access to the docket to
read background documents or
comments received, go to https://
dms.dot.gov at any time or to Room PL–
401 on the plaza level of the Nassif
Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal Holidays. You can access the
docket for this notice by inserting the
last five-digits of the docket number into
the DMS ‘‘quick search’’ function.
FOR FURTHER INFORMATION CONTACT: Neil
Eisner, Assistant General Counsel,
Office of General Counsel, Department
of Transportation, 400 7th St., SW.,
Room 10424, Washington, DC 20590–
0001. Telephone (202) 366–4723. E-mail
neil.eisner@dot.gov
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Background
The Department of Transportation
(Department or DOT) includes the
Office of the Secretary (OST), and the
following operating administrations
(OAs): Federal Aviation Administration
(FAA); Federal Highway Administration
(FHWA); Federal Motor Carrier Safety
Administration (FMCSA); Federal
PO 00000
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Railroad Administration (FRA); Federal
Transit Administration (FTA); Maritime
Administration (MARAD); National
Highway Traffic Safety Administration
(NHTSA); Pipeline and Hazardous
Materials Safety Administration
(PHMSA); Research and Innovative
Technology Administration (RITA); and
St. Lawrence Seaway Development
Corporation (SLSDC).
Each of these elements of DOT has
statutory responsibility for a wide range
of regulations. For example, DOT
regulates safety in the aviation, motor
carrier, railroad, mass transit, motor
vehicle, commercial space, and pipeline
transportation areas. DOT regulates
aviation consumer and economic issues,
and provides financial assistance and
promulgates and enforces the necessary
implementing rules for programs
involving highways, airports, mass
transit, the maritime industry, railroads,
and motor vehicle safety. It writes
regulations carrying out such disparate
statutes as the Americans with
Disabilities Act and the Uniform Time
Act. Finally, DOT has responsibility for
developing policies that implement a
wide range of regulations that govern
internal programs such as acquisition
and grants, access for the disabled,
environmental protection, energy
conservation, information technology,
occupational safety and health, property
asset management, seismic safety,
security, and the use of aircraft and
vehicles.
Improvement of our regulations is a
continuous focus of the Department.
There should be no more regulations
than necessary, and those that are
issued should be simple,
comprehensible, and not burdensome.
Most rules are issued following notice to
the public and opportunity for
comment. Once issued, rules are
periodically reviewed and revised, as
needed, to assure that they continue to
meet the needs for which they originally
were designed.
To help implement this goal, the
Department issued a Notice of
Regulatory Review on January 26, 2005
(70 FR 3761), seeking public comment
on how to (1) improve our rules to be
more effective and less costly or
burdensome, (2) identify rules no longer
needed and/or new rules that may be
needed, and (3) prioritize our current
rulemaking activities, which were set
forth in our semi-annual Regulatory
Agenda. (The latest Agenda preceding
the Notice can be found at 69 FR 73492,
December 13, 2004; the Department’s
last Agenda can be found at 70 FR
64940, October 31, 2005.) At the outset,
the Department accepted written public
comments and requests to participate in
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a public meeting. The Department held
a public meeting in Washington, DC, on
April 12, 2005, presided over by the
Department’s General Counsel. Senior
officials of the Department’s operating
administrations also participated in this
meeting. The Department continued to
accept written comments from the
public as well as participants at the
public meeting until April 30, 2005.
33781
the General Counsel, and other DOT
senior officials.
We appreciate the public’s
participation in this regulatory review
process. We especially thank our
stakeholder groups, including trade
associations, interest groups, consumer
groups, and individual regulated
parties—whether public or private
sector organizations—for their
participation in this process. Your
participation has provided meaningful
and significant input to the Secretary,
The Final Report
For rulemakings already in progress,
we have provided Rulemaking
Identification Numbers (RIN). The RIN
will allow you to monitor the progress
of a rulemaking through the Unified
Agenda, in which we publish estimated
dates for taking various public actions.
COMMENTS WARRANTING FURTHER ACTION
Regulation
1 ...........
Operating
admin./
OST office
Commenter
Comment
Response
49 CFR
FRA .........
Part 228.
Association of American Railroads.
Requests FRA revise its regulations to allow for electronic
records rather than use the
‘‘waiver’’ process.
2 ...........
49 CFR
FRA .........
Part 229.
Association of American Railroads.
3 ...........
49 CFR
395.3.
Association of American Railroads.
14 CFR
OST RITA
Part 241.
(BTS).
United Air Lines .......
5 ...........
14 CFR
21.197.
ASTAR Air Cargo ....
Requests FRA revise its locomotive inspection regulations
to incorporate a performance
standard.
Requests
FMCSA
address
hours of service conflicts for
railroad signal employees.
Recommends eliminating regulations that no longer serve a
useful purpose—like the requirement to file BTS Schedules B–7 and B–43, which requests highly detailed and
competitively sensitive information.
Correct obsolete references to
sections 121.79 and 135.17.
FRA allows electronic records under a waiver
process that requires railroads to maintain
electronic records similar to their paper
records. FRA agrees that Part 228 should be
reviewed and revised to facilitate electronic
recordkeeping and expects to initiate work on
a notice of proposed rulemaking in the current
fiscal year.
FRA intends to offer its Railroad Safety Advisory
Committee (RSAC) the task of reviewing and
revising Part 229 at the RSAC full committee
meeting on February 22, 2006.
FMCSA will answer the previously submitted
pilot program request on this matter.
4 ...........
6 ...........
14 CFR
FAA ..........
Parts 91,
121, 135.
Federal Express
Corp..
7 ...........
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Item No.
25 CFR
FHWA ......
Part 170.
Lummi Nation Planning Department.
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FMCSA ....
FAA ..........
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Recommends that no regulation
should be adopted unless it
has been carefully evaluated
to meet demanding cost-benefit
standards—specifically,
the ETOPS NPRM.
Recommends that DOT require
the Bureau of Indian Affairs
(BIA)
Indian
Reservation
Roads (IRR) program to
produce a complete inventory
of reservation roads.
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The Department agrees that a review of these
regulations is appropriate and, in fact, already
has plans to include this regulation as part of
a future review of certain aviation data requirements similar to the review and modernization program currently being conducted.
(See RIN 2105–AC71).
This error occurred in 1995 when the FAA realigned and consolidated certain services.
This error was corrected in the Maintenance
Recording Requirements Final Rule published
January 4, 2006 (71 FR 534).
In general, the Department agrees with Federal
Express, and this has long been part of the
Department’s policy. With regard to the
ETOPS NPRM, the Current ETOPS rulemaking will include a cost-benefit analysis.
(RIN 2120–AI03)
Section 1119(f) of the recently enacted longterm surface transportation authorization statute (Safe, Accountable, Flexible and Efficient
Transportation Equity Act: A Legacy for Users
‘‘SAFETEA–LU’’) requires the Secretary of
Transportation, in cooperation with the Secretary of the Interior, to complete a comprehensive national inventory of transportation
facilities that are eligible for assistance under
the IRR program. The Department is implementing Section 1119(f) of SAFETEA–LU and
working with the Department of the Interior to
conduct the comprehensive inventory. However, this does not require a rulemaking action.
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COMMENTS WARRANTING FURTHER ACTION—Continued
Regulation
Operating
admin./
OST office
Commenter
Comment
Response
8 ...........
49 CFR
571.213.
NHTSA ....
Evenflo ....................
Recommends eliminating the
mass distinction for belt-positioning booster seats.
9 ...........
49 CFR
571.213.
NHTSA ....
Evenflo ....................
49 CFR
395.8.
FMCSA ....
American Trucking
Associations.
11 .........
49 CFR
FMCSA ....
Part 396.
American Trucking
Associations.
12 .........
49 CFR
383.5
and
384.209.
Owner-Operator
Independent Drivers Association,
Inc.
Recommends clarifying the location of the lower anchorage
bar on the standard seat assembly depicted in Figure 1B.
Objects to FMCSA’s current
hours of service; supporting
documents NPRM and recommends allowing/imposing a
performance-based approach
of self-monitoring systems designed to avoid burdensome
coverage of all business
records.
Recommends issuing rules requiring a safety program for
intermodal equipment (container chassis) that travels on
highways.
Recommends adopting a graduated commercial driver’s license (CDL) program and
clarifying
disqualification
standards.
NHTSA will not enforce this particular requirement due to concerns about its enforceability.
However, NHTSA recognizes the potential for
forces generated by the mass of a booster
seat to overload a child occupant’s chest
should be addressed and, therefore, is addressing this issue in a proposed rulemaking
to expand the applicability of FMVSS No. 213
to children weighing up to 80 pounds (RIN
2127–AJ44).
NHTSA recognizes the inconsistency in measurements provided and will correct this inconsistency.
10 .........
13 .........
49 CFR
FMCSA ....
Part 387.
14 .........
14 CFR
OST .........
Part 234.
15 .........
..................
FAA ..........
Regional Airline Association.
16 .........
49 CFR
173.134.
PHMSA
FAA.
Regional Airline Association.
17 .........
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Item No.
14 CFR
121.574.
PHMSA
FAA.
Regional Airlines Association.
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FMCSA ....
19:52 Jun 09, 2006
Owner-Operator
Independent Drivers Association,
Inc.
United Air Lines .......
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Recommends
reevaluating
whether to continue self insurance and, if so, suggests several safeguards.
Recommends that reports of
mishandled baggage distinguish between carriers that
interline and those that do not
or, at least, clarify that this
distinction is not made.
Recommends allowing operators to carry company material that is hazardous even
though they have identified
themselves as a ‘‘will not
carry’’ operator.
Suggests allowing an exception
for ‘‘will not carry’’ operators
to carry noninfectious diagnostic specimens.
Recommends amending rules to
allow carriers to carry First
Aid and Trauma (FAT) kits
that are supplied by government agencies and to state
that the maintenance can be
under an approved program
without mentioning the certificate holder.
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These comments were taken into consideration
in the course of the existing, open rulemaking
(RIN 2126–AA76).
FMCSA recognizes the need for rulemaking on
this issue and will soon begin rulemaking to
implement Section 4118 of SAFETEA–LU
(RIN 2126–AA86).
FMCSA will consider these comments during its
rulemaking addressing Section 4122 of
SAFETEA–LU that amends the law allowing
for FMCSA to implement a CDL Learner’s
Permit program. (RIN 2126–AB02). With regard to clarifying disqualification standards,
FMCSA has on-going efforts to work with
States toward more uniform definitions of serious traffic violations.
This recommendation will be considered as a
comment in the Unified Registration System
rulemaking (RIN 2126–AA22).
Starting with the January 2006 ‘‘Air Travel Consumer Report’’, DOT will clarify that reports of
mishandled baggage do not distinguish between carriers that interline and those that do
not.
FAA will be addressing this issue in an upcoming final rule.
The hazmat requirements do not apply to noninfectious diagnostic specimens. However,
there is some confusion on this issue, which
PHMSA intends to clarify in an ongoing rulemaking in which PHMSA proposes to harmonize its hazmat rules with recently adopted
international standards (2137–AD93).
PHMSA has issued an exemption from 49 CFR
Parts 171–180 allowing FAT kit to be carried
in the cabin. FAA is considering an amendment that would allow the use of the FAT kit’s
oxygen in flight. It intends to include this in a
future review of the entire Part 121.
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33783
COMMENTS WARRANTING FURTHER ACTION—Continued
Operating
admin./
OST office
Regulation
18 .........
49 CFR
NHTSA ....
Part 563.
19 .........
..................
OST .........
20 .........
FTA Circular
4220.1E.
FTA ..........
New York MTA ........
21 .........
..................
FTA ..........
New York MTA ........
22 .........
..................
FTA ..........
New York MTA ........
23 .........
..................
FTA
FHWA.
New York MTA ........
Suggests
several
technical
changes to FTA program requirements, including 4(f) criteria.
24 .........
23 CFR
FTA
Part 771.
FHWA.
New York MTA ........
Suggests
several
technical
changes to FTA program requirements, including environmental impact procedures.
25 .........
49 CFR
FTA ..........
Part 611.
New York MTA ........
26 .........
23 CFR
771.135.
FHWA ......
New Hampshire Department of Transportation.
27 .........
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Item No.
14 CFR
OST .........
Part 399.
American Airlines ....
Suggests
several
technical
changes to FTA program requirements, including the New
Starts program.
Suggests revising the 4(f) criteria to require evaluation and
legal sufficiency review for
Environmental Impact Statements and Environmental Assessments only, not categorical exclusions.
Recommends the Department
issue a policy statement to
establish that certain authorities under the aviation statute—exemptions, codeshare
statements of authorization—
will be issued for an indefinite
duration in order to avoid renewal applications every 1 or
2 years.
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19:52 Jun 09, 2006
Commenter
Comment
Response
National Automobile
Dealers Association.
Regional Aviation
Partners.
Recommends accelerating the
electronic
data
recording
(EDR) rulemaking.
Recommends immediately implementing section 406 (code
share pilot program) of Vision
100.
Suggests
several
technical
changes to FTA program requirements, including third
party
contracting
requirements.
Suggests
several
technical
changes to FTA program requirements, including Buy
America.
Suggests
several
technical
changes to FTA program requirements, including Grants
Management.
NHTSA has devoted significant time and resources in drafting an EDR final rule. Publication is expected in 2006 (RIN 2127–AI72).
The Department has sent out a notice soliciting
public comment and interest on this program.
(See 70 FR 40098.)
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FTA agrees to expand footnote 39 of FTA Circular 4220.1E to further acknowledge the propriety of liquidated damages and to update
the Best Practices Procurement Manual.
FTA intends to take comment on this issue during the rulemaking mandated by section 3023
of SAFETEA–LU (RIN 2132–AA80).
FTA will undertake a comprehensive review of
all of its current program circulars in an attempt to streamline and consolidate circulars
as appropriate. FTA will reach out to the transit industry and invite public comment, in accordance with section 3032 of SAFETEA–LU.
Pursuant to sections 6007 and 6009 of
SAFETEA–LU, FHWA and FTA will conduct a
rulemaking to clarify the regulatory procedure
and criteria for evaluating ‘‘prudent and feasible’’ alternatives (RINs 2125–AF14 and
2132–AA83).
Pursuant to section 6002 of SAFETEA–LU, FTA
and FHWA are considering a rulemaking to
revise the agencies’ joint environmental impact procedures (RINs 2125–AF09 and 2132–
AA82).
Many of these points will be addressed through
rulemaking under section 3011 of SAFETEA–
LU (RIN 2132–AA81).
Pursuant to sections 6009 of SAFETEA–LU,
FHWA and FTA will conduct a rulemaking to
clarify the regulatory procedure and criteria for
evaluating ‘‘prudent and feasible’’ alternatives
(RINs 2125–AF14 and 2132–AA83).
While the Department does not agree that certain aviation authorities should be issued for
an indefinite duration, it agrees that the Department should consider examining whether
certain aviation authorities could be awarded
for a longer duration. The Department is exploring measures to achieve this objective
and has announced new streamlining procedures to this end. In a Notice issued August
23, 2005, the Department stated that it would
employ show-cause procedures for the award
of certain long-term certificate and permit authority, with the goal of reducing the need for
frequent renewal of exemption authority. On
December 9, 2005, the Department issued an
order tentatively granting more than 20 U.S.
air carriers blanket route integration authority.
Under the terms of the order, the blanket authority will be granted for a 5-year term, renewable upon application, and will be applied
prospectively to encompass future awards of
authority.
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COMMENTS WARRANTING FURTHER ACTION—Continued
Item No.
Regulation
28 .........
Operating
admin./
OST office
Commenter
Comment
Response
14 CFR
OST .........
Part 399.
United Air Lines .......
29 .........
14 CFR
OST .........
Part 399.
Delta Airlines ...........
30 .........
14 CFR
257.5.
OST .........
United Air Lines .......
31 .........
49 CFR ....
Part 222 ...
FRA .........
Chicago Area ..........
Transportation Study
Council of Mayors
Executive Committee.
Recommends eliminating duration limitations on carrier certificates and exemption route
authority.
Recommends a default rule that
would provide that exemptions and other authorities
under the aviation statute—
exemptions, codeshare statements of authorization—will
be issued for an indefinite duration but that the Department
may amend, modify or revoke
them at any time without a
hearing.
Recommends allowing a generic statement of code-sharing and long-term wet leases
in advertisement.
Recommends reconsidering the
analysis of risk for not sounding the train horn in the Chicago area.
32 .........
23 CFR
FHWA ......
Part 636.
Texas Department of
Transportation.
Suggests several revisions to
the design-build regulations.
33 .........
.............
FTA ..........
New York MTA ........
Suggests
several
technical
changes to FTA program requirements, including reporting requirements for the national transit database.
34 .........
49 CFR ....
173.24(b)
PHMSA ....
Association of
Hazmat Shippers.
35 .........
.............
FTA ..........
New York MTA ........
36 .........
14 CFR ....
Part 121 ...
FAA ..........
Regional Airline .......
Association ..............
Objects to the additional packaging requirements for oxygen cylinders.
Suggests
several
technical
changes to FTA program requirements, including to Fixed
Guideway Modernization.
Requests a rulemaking to allow
air carriers to conduct both
scheduled and charter service
with one set of books.
See above response (#27).
See above response (#27).
In response to United Air Lines recent Petition
for Rulemaking on this issue, DOT issued a
final rule on August 4, 2005 (see 70 FR
44848).
This comments pre-dates FRA issuance of its
final rule on ‘‘Use of Locomotive Horns as
Highway-Rail Crossings’’ (see 80 FR 21844).
In the final rule FRA carved out the Chicago
area and will study that area separately. If appropriate, it will be addressed in a future rulemaking (RIN 2130–AB73).
Section 1503 of SAFETEA–LU requires a revision to the design-build regulations. FHWA
plans to amend the regulations accordingly. In
addition, FHWA is currently evaluating the
need to modify the design-build regulations in
the context of public-private partnerships (RIN
2125–AF12).
This is a long list of technical changes some of
which must be done by legislation while others may be done by regulation. Each of these
will require detailed evaluation to determine
whether it can be done by regulation. Those
that can be changed by regulation will be addressed.
This will be treated as a comment to the current
rulemaking on this issue (RIN 2137–AD33).
Most of the suggestions offered would require
legislative change. The remaining suggestion
regarding risk assessments will be addressed
through upcoming guidance.
FAA is developing, with industry, appropriate
language for an operation specification and,
therefore, believes that a rulemaking is unnecessary.
COMMENTS WARRANTING FURTHER CONSIDERATION
Regulation
Operating admin./
OST office
1 .........
dsatterwhite on PROD1PC76 with NOTICES
Item
number
................................
DOT .......................
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Commenter
Marion C.
Pulsifer Consulting.
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Fmt 4703
Comment
Response
Suggests that the development,
financing, environmental review, etc. of large multimodal
infrastructure projects be coordinated through a single point
in DOT.
DOT recently completed a report
to develop a process to ensure
effective and comprehensive
oversight of large transportation
infrastructure projects and is
carefully monitoring the use of
one possible process in the administration of the on-going
multimodal Transportation Expansion (TREX) megaproject in
Denver, Colorado.
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COMMENTS WARRANTING FURTHER CONSIDERATION—Continued
Regulation
Operating admin./
OST office
Commenter
Comment
Response
2 .........
................................
FMCSA FAA ..........
Federal Express
Corp.
3 .........
49 CFR 571.124 ....
NHTSA ...................
Alliance of Automobile Manufacturers.
Recommends clearly defining the
scope of the agencies’ jurisdiction vis-a-vis OSHA.
Suggests revising all Federal
Motor Vehicle Safety Standards
(FMVSS)—in similar fashion
used for FMVSS 124—to accommodate
technological
changes and voluntary industry
action.
4 .........
49 CFR 571.108 ....
NHTSA ...................
American Trucking Associations.
Recommends providing for commercial vehicle lighting equipment interchangeability.
5 .........
...........................
FMCSA PHMSA ....
American Trucking Associations.
Requests a rule to implement uniform requirements for hazmat
permits and to preempt state
permit requirements that are
not substantively the same..
6 .........
14 CFR Part 121 ...
FAA ........................
Airline Dispatchers Federation.
Recommends applying the rules
for dispatching scheduled airline operations to supplemental
operations, so that a certified
dispatcher is on site for departures.
7 .........
dsatterwhite on PROD1PC76 with NOTICES
Item
number
14 CFR 121.465 ....
FAA ........................
Airline Dispatchers Federation.
Recommends revising the rules
on aircraft dispatchers duty
time to be consistent both in
and out of the U.S.
The agencies are mindful of the
need for clarity in defining regulatory jurisdiction.
NHTSA currently has a regulatory
review program that specifically
evaluates the need to revise
FMVSS to accommodate technological and other changes.
NHTSA’s
review
schedule
under Section 610 of the Regulatory Flexibility Act and other
reviews was published in Appendix D to the Unified Agenda
(70 FR 64079, 64949). FMVSS
124 was one of the first standards to be reviewed under this
process at which time no
changes were warranted and
the standard will be reviewed
again through this process.
Current regulations allow the
most safe and effective replaceable
headlamps.
The
agency is currently reviewing
this regulation to determine if
revisions are appropriate.
FMCSA is working with the current Alliance for Uniform Hazardous Materials Registration to
encourage States to voluntarily
join in a base-state hazmat permitting arrangement. FMCSA
and PHMSA will establish a
work group to study hazmat
permitting and registration practices in response to a requirement in SAFETEA-LU and will
reevaluate whether it should
open a rulemaking at the completion of that working group’s
report.
With electronic communication
much more sophisticated now
than it was when the studies
offered in support of this comment were performed, one
would intuitively expect less
need for on-site dispatchers.
However, FAA believes that it
is worthwhile to review dispatch-related accidents and incidents to ascertain whether
the number is disproportionately high when no dispatcher
is physically present.
FAA agrees that, on face value,
dispatcher fatigue is primarily
an issue of time. However, before taking definitive steps to
revise the regulation, it is appropriate to review whether
there are higher levels of accidents and incidents among flag
carriers dispatching aircraft
from outside the U.S.
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Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Notices
COMMENTS WARRANTING FURTHER CONSIDERATION—Continued
Regulation
Operating admin./
OST office
Commenter
Comment
8 .........
14 CFR 121.619 ....
FAA ........................
Aircraft Dispatchers Federation.
Recommends liberalizing the requirement for specifying an alternate destination prior to dispatch.
9 .........
14 CFR Part 91 .....
FAA ........................
Aircraft Dispatchers Federation.
10 .......
49 CFR Part 177 ...
PHMSA ..................
American Trucking Associations.
11 .......
................................
FHWA ....................
American Road
and Transportation Builders
Association.
12 .......
23 CFR 750.707 ....
FHWA ....................
Florida Department of Transportation.
13 .......
dsatterwhite on PROD1PC76 with NOTICES
Item
number
14 CFR 121.311 ....
FAA ........................
Regional Airline
Association.
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Response
The FAA is currently reviewing air
carriers’ ability to dispatch while
carrying alternate fuel at lower
limits than the current rule allows. The FAA will determine if
rulemaking
is
appropriate
based on the outcome of this
review.
Recommends developing a plan The FAA has begun a broadto certify and regulate unbased program to assess the
manned aerial vehicles (UAV).
need for UAV regulations. The
FAA Flight Plan has identified
the development of policies,
procedures, and approval processes to enable the operation
of UAVs in the National Airspace System as a long-term
initiative. The FAA is well on its
way to developing these policies. There is a Federal Advisory Committee working on the
development of standards the
FAA hopes to use as the basis
for a future rulemaking.
Recommends either extending The 30-day timeframe for submitthe deadline for submitting a
ting the ‘‘update’’ actually refers
written update report on a
to the timeframe in which a
hazmat spill from 30 to 90 days
written report must be subor eliminating the provision.
mitted for all incidents. PHMSA
agrees to consider whether 30
days is sufficient to collect all
the information required and,
therefore, will consider this
issue for possible rulemaking.
Recommends continuing to imple- The Department and FHWA conment environmental streamtinue to work to expedite and
lining for transportation projects.
improve the environmental review/approval
process
and
have identified 15 priority
projects for review by the interdepartmental Transportation Infrastructure Streamlining Task
Force and expect that, in the
future,
additional
priority
projects will be selected.
Recommends revising the regula- FHWA recognizes that this regution to remove requirements
lation needs review, but bethat inhibit States’ ability to reglieves that any such review
ulate nonconforming outdoor
should be part of an overall
advertising signs; adding a proevaluation of the Outdoor Advision requiring each State to
vertising
Control
Program.
develop its own requirements
FHWA currently is developing a
for control.
program review of the Outdoor
Advertising Control Program.
This regulation on nonconforming signs will certainly be a
part of this review.
Requests regulation be amended FAA recognizes this as an issue
to allow an ‘‘adult or parent’’ to
and is looking into the best way
carry a lap child.
to ensure young parents (under
18) are allowed to lap-hold children under two. However, it
must determine its priorities for
its limited resources prior to
committing to a rulemaking on
this issue.
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Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Notices
COMMENTS WARRANTING FURTHER CONSIDERATION—Continued
Regulation
Operating admin./
OST office
14 .......
49 CFR Part 568 ...
49 CFR 571.110 ....
NHTSA ...................
National Automobile Dealers Association.
15 .......
14 CFR Part 241 ...
RITA (BTS) ............
Federal Express
Corp.
16 .......
................................
FMCSA ..................
Federal Express
Corp.
Recommends federalizing and
mandating real time driver and
carrier notifications of a driver
violation or license restriction
that would potentially disqualify
a driver to hold a commercial
drivers license.
17 .......
dsatterwhite on PROD1PC76 with NOTICES
Item
number
49 CFR Part 107 ...
PHMSA ..................
Federal Express
Corp.
Recommends that carriers should
not be penalized when a shipper fails to identify its package
as hazmat.
18 .......
49 CFR Part 107 ...
FAA PHMSA ..........
United Air Lines
Recommends that the FAA
should prosecute non-compliant
shippers rather than carriers reporting hazmat discrepancies in
accepted baggage or freight.
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Frm 00065
Fmt 4703
Comment
Response
Recommends
amending
the
motor vehicle placarding regulations to require re-placarding
only when alteration or final
stage manufacturing has occurred.
Recommends eliminating provisions that require carriers to report separately mail revenues
and mail weights.
Consumer protection and good
faith disclosure is best served
by requiring re-labeling. This
issue may be addressed
through a current rulemaking
(see RIN 2127–AJ57).
The Department agrees that this
regulation is a good candidate
for review. However, because
there are offices within the Department that use this data, the
Department needs to evaluate
its need for the information before determining whether to
proceed on a rulemaking to
eliminate or revise this regulation.
FMCSA is currently exploring the
development of a national Employer
Notification
Service
(ENS) system that will allow
carriers to register their drivers
in a database and then be immediately notified of changes in
the status of their CDLs. A prototype system has been developed and will be evaluated during an 18-month pilot test in
California and Colorado beginning in March 2006.
The HMR generally prohibit accepting or transporting hazmat
not in compliance with the regulations. All operating modes
typically seek to bring enforcement actions against the shipper of the material. There are
cases, however, where enforcement actions are appropriate against a carrier who
knew, or should have known
the material offered for transportation contains hazmat. The
‘‘knowingly’’ standard for civil
penalty liability is defined in
Federal hazardous material
transportation law and embodies the ‘‘negligence’’ standard which is well developed in
common law. There is currently
an open proceeding (see OST–
2001–10380 on the Department’s Docket Management
System) considering whether to
issue further industry guidance
on the ‘‘knowingly’’ standard. In
addition, the FAA is considering
allowing credit in any subsequent enforcement action to an
air carrier that voluntarily provides hazmat recognition training to its employees. PHMSA
notes the concern and will review existing enforcement guidance.
See response above (#17).
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Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Notices
COMMENTS WARRANTING FURTHER CONSIDERATION—Continued
Item
number
Regulation
Operating admin./
OST office
Commenter
Comment
Response
Proposes adopting stricter standards for brokers and freight forwarders to include increasing
the security bond, eliminating
trust funds as a surety alternative, and eliminating freight
forwarders as a separately-regulated category of transportation intermediaries and require them to follow broker requirements.
Recommends adding a requirement for shipment date and
pick-up and delivery times to
bills of lading.
Recommends using the term
‘‘dangerous goods’’ rather than
the term ‘‘hazardous materials’’
for consistency with foreign jurisdictions.
These comments and associated
matters are currently under
agency consideration.
19 .......
49 CFR Parts 387
and 371.
FMCSA ..................
Owner-Operator
Independent
Drivers Association, Inc.
20 .......
49 CFR 373.101 ....
FMCSA ..................
21 .......
49 CFR Parts 171–
180.
PHMSA ..................
Owner-Operator
Independent
Drivers Association, Inc.
United Air Lines
These comments were taken into
consideration in the course of
the existing open rulemaking
(See RIN 2126–AA76).
PHMSA appreciates the need to
seek further harmonization of
international hazmat regulations
and will study this issue further
but needs further information
concerning the actual benefits
to safety of changing terminology.
NO FURTHER ACTION
Regulation
Operating admin./
OST office
Commenter
Comment
Response
1 .........
14 CFR 121.377 ....
FAA ........................
Steven M. Jones
Maintenance and preventative
maintenance personnel duty
time limitation regulation is unclear; commenter compares it
to regulation for aircraft dispatcher duty time limitations.
2 .........
dsatterwhite on PROD1PC76 with NOTICES
Item
No.
49 CFR 382.107 ....
FMCSA OST–
ODAPC.
Roxanne Wyant
Suggests removing the term ‘‘actual knowledge’’ of drug or alcohol use from the list of
grounds for finding a violation
of the FMCSA rules.
FAA notes that this regulation is
not as detailed as the aircraft
dispatcher regulation. However,
the FAA believes that the intent
of this regulation is clear and
has no data to support maintenance personnel working consecutively for seven days as
commenter alleges. The FAA
has evaluated the regulation
and how it is understood in the
industry and has determined
that addressing the differing
levels of detail in duty time regulations is not a priority.
If an employer learns reliably that
a covered employee has engaged in conduct otherwise
prohibited by the regulations,
relating to use of illegal drugs
or abuse of alcohol, it is fully
consistent with the safety objectives of the regulation for the
employer to treat that information as the basis for a violation
of the rules, even if no drug or
alcohol test had occurred.
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NO FURTHER ACTION—Continued
Regulation
Operating admin./
OST office
Commenter
Comment
Response
3 .........
................................
DOT .......................
Air Transport Association of
America, Inc.
Recommends restricting the number of regulatory proceedings,
establishing smaller Government-industry working groups
to develop recommendations,
working to harmonize international regulatory regimes,
and improving enforcement
programs.
4 .........
................................
OST–C ...................
American Society of Travel
Agents, Inc.
Suggests that the Department
provide public notice and an
opportunity to comment before
new aviation enforcement interpretations are adopted.
5 .........
14 CFR 121.311 ....
FAA ........................
Greg Niebeding,
President of
Baby B’Air
Flight Vests.
Requests the FAA revise its regulations to allow the use of Baby
B’Air Flight Vests during takeoff and landing.
6 .........
49 CFR 571.204 ....
NHTSA ...................
Alliance of Automobile Manufacturers.
Suggests implementing and modifying test procedures manufacturers use to demonstrate regulatory
compliance
with
FMVSS—like FMVSS 201.
7 .........
dsatterwhite on PROD1PC76 with NOTICES
Item
No.
14 CFR Part 93 .....
FAA OST ...............
Air Carrier Association of
America.
Recommends review of regulations operating to frequently
block low fare carriers from
competing at various airports—
specifically, the high-density
rule.
The Department agrees that it
should strive to improve the efficiency of its rulemaking and
enforcement processes and
that many of the recommendations go to that effort. The Department already uses some of
the recommended strategies
where appropriate and will continue to do so. The Department
is putting this on the No Further
Action Warranted chart only because it is not tied to specific
regulations.
Requiring advance notice and
comment prior to adopting any
new enforcement interpretation
would significantly interfere with
and burden the Department’s
discretion in administering aviation enforcement and could result in fewer, often-helpful, interpretations
being
issued.
Moreover, it is not practical to
conduct lengthy and costly proceedings to define what the
Department believes is required
by statute or to hold public
hearings before issuing interpretations or policy statements.
However, requests for reconsideration often are entertained.
FAA
considered
this
issue
through a petition for an exemption and, in October 2004,
determined that an exemption
was not in the public interest.
No new evidence was presented through this process.
While test procedures are provided in the FMVSS, they reflect the specifications established by regulation. The tests
detail how NHTSA and its contractors should conduct compliance tests; the industry is not
required to use NHTSA’s test
procedures.
FAA has an open rulemaking to
address congestion at O’Hare
airport (see RIN 2120–AI51)
and has been analyzing market
based
approaches
at
LaGuardia that will likely involve rulemaking. It is not feasible at this time to begin a
separate rulemaking in the interim to address certain elements of the High Density
Rule, which phases out at
LaGuardia and John F. Kennedy International Airport in
January 2007. The FAA is also
reluctant
to
promulgate
changes to the slot rules at
Ronald Reagan Washington
National Airport until it has concluded its analysis of market
approaches at LaGuardia.
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NO FURTHER ACTION—Continued
Item
No.
Regulation
8 .........
49 CFR Part 26 .....
9 .........
Operating admin./
OST office
Comment
Response
OST FHWA FAA
FTA.
American Road
and Transportation Builders
Association.
Recommends one Disadvantaged
Business Enterprise goal for
minority and women contractors.
49 CFR 395.3 ........
FMCSA ..................
American Road
and Transportation Builders
Association.
Requests short-haul drivers in the
transportation construction industry be excluded from the
hours of service rule.
10 .......
40 CFR Part 93 .....
FHWA ....................
American Road
and Transportation Builders
Association.
Recommends
allowing
grandfathering or a grace period for Clean Air Act conformity so that transportation
planning projects can better respond to obligations on short
notice.
11 .......
................................
FHWA ....................
American Road
and Transportation Builders
Association.
Recommends allowing the Interstate Highway System an exemption from historic preservation requirements.
12 .......
................................
DOT .......................
Federal Express
Corp.
Recommends expediting reevaluation and publication for comment of any notices or rules
over 20 years old and reviewing existing rules to see if a revision can be made or a rule
can be eliminated rather than
issuing a new regulation that
‘‘layers on.’’
13 .......
dsatterwhite on PROD1PC76 with NOTICES
Commenter
................................
DOT .......................
Federal Express
Corp.
Recommends organizing rules by
specific regulated groups in
separate and clearly identified
sections.
This is a Congressionally-mandated program. However, the
Department hopes to address
some program implementation
issues through meetings with
industry groups, including the
American Road and Transportation Builders Association.
Afterwards,
any
needed
changes will be considered, if
appropriate.
FMCSA published its hours of
service rule on August 25,
2005 (see 70 FR 49978). The
rule adopted a special hours of
service regime for short-haul
drivers.
Section 6011 of the recently enacted long-term surface transportation authorization statute
(Safe, Accountable, Flexible
and Efficient Transportation Equity Act: A Legacy for Users
‘‘SAFETEA–LU’’) provides for a
one-year grace period for conformity determinations. Thus,
this issue does not require rulemaking action.
Section 6007 of SAFETEA–LU
exempts the Interstate Highway
System from consideration as a
historic site under Section 4(f)
of the National Historic Preservation Act. Therefore, no rulemaking action is required at
this time.
The Department’s regulatory review plan addresses this issue
by requiring all rules to be reviewed every ten years. It also
asks for public comment on
whether any specific review
should be expedited. (See Appendix D to the Unified Agenda
(70 FR 64079, 64943) The Department is putting this on the
No Further Action Warranted
chart because it is not tied to
specific regulations in need of
more immediate attention than
our existing process will provide
As rules are rewritten, agencies
do reorganize them to help regulated industries comply. There
is some risk in both directions.
E.g., FMCSA tried the suggested approach in a recent
rulemaking and found that it required a lot of duplication,
which would increase the
chance for errors and inconsistencies. The Department is putting this on the No Further Action Warranted chart because it
is not tied to specific regulations.
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Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Notices
NO FURTHER ACTION—Continued
Regulation
Operating admin./
OST office
Commenter
Comment
Response
14 .......
................................
DOT .......................
Federal Express
Corp.
Recommends harmonizing all
rules with international rules
and procedures.
15 .......
................................
FMCSA, PHMSA ...
Federal Express
Corp.
Recommends revising the policy
for granting exemptions: either
fully regulate an item or do not
regulate it at all.
16 .......
................................
DOT .......................
Federal Express
Corp.
Recommends designing a single
federal program to require
transportation worker identification cards (TWIC).
17 .......
................................
FMCSA, NHTSA ....
Federal Express
Corp.
Recommends standardizing and
harmonizing safety and recording requirements for passenger
and commercial vehicles.
18 .......
dsatterwhite on PROD1PC76 with NOTICES
Item
No.
................................
FMCSA ..................
Federal Express
Corp.
Recommends that the Agency
regulate all commercial drivers
and vehicles including nonDOT drivers.
Agencies attempt to harmonize
their rules with international
rules; however, this is not always possible. PHMSA is currently attempting to harmonize
its hazardous materials nomenclature with the international
system. FMCSA and Canada
worked out uniform North
American cargo securement
standards—that process took
nearly a decade. The Department is putting this on the No
Further Action Warranted chart
because it is not tied to specific
regulations.
This is inconsistent with FMCSA’s
statutory authority, which permits exemptions if the specified
level of safety can be maintained or improved. Similarly,
PHMSA’s statutory authority
permits the agency to grant
special
permits
authorizing
variances from the hazmat regulations if the special permit
provides an equivalent level of
safety to that specified in the
regulations. The special permit
program provides an opportunity for the testing and evaluation of technological improvements in a real-world transportation environment. Special permits that result in demonstrated
safety and efficiency benefits
are frequently converted into
regulations of general applicability.
The Department acknowledges
that there are multiple security
programs currently in place.
However, as the Transportation
Security Administration (under
Department of Homeland Security) is the lead Agency, the Department cannot take the lead
on this problem.
NHTSA has exclusive authority to
set manufacturing standards for
the Department; FMCSA’s rules
apply only to the operators, not
the manufacturers, of commercial motor vehicles. However,
the agencies do work together
on rules when appropriate.
FMCSA regulates all drivers of
commercial motor vehicles, as
defined by 49 U.S.C. 31132.
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NO FURTHER ACTION—Continued
Regulation
Operating admin./
OST office
Commenter
Comment
Response
19 .......
49 CFR Part 172 ...
PHMSA ..................
Federal Express
Corp.
Recommends requiring that material safety data sheets (MSDS)
be supplied to first responders
and that any product information regarding hazardous materials (hazmat) be widely disseminated to the public.
20 .......
49 CFR Parts 171–
180.
PHMSA ..................
Federal Express
Corp.
Wants DOT to take full jurisdiction of all transportation safety
issues.
21 .......
49 CFR 571.208 ....
NHTSA ...................
Evenflo ..............
Recommends working with manufacturers to assure appropriate
child restraints will be available
to conduct occupant crash protection testing and that Appendix A reflects only products currently in production.
22 .......
dsatterwhite on PROD1PC76 with NOTICES
Item
No.
23 CFR Part 658 ...
FHWA ....................
American Trucking Associations.
Recommends granting States
more flexibility in addressing
operational requirements for
Longer Combination Vehicle
(LCV) restrictions.
This information is already widely
distributed to employees of
hazmat
shippers,
transport
workers, and emergency responders. The hazardous material regulations (HMR) currently require hazmat shipments to be accompanied by
emergency response information to assure that transport
workers and emergency responders have sufficient information to protect themselves
and others in the event of an
accident or other emergency;
however, this requirement can
be met in a number of ways,
including the use of an MSDS
form.
PHMSA has worked with the
other Federal agencies to define the limits of DOT’s regulations. PHMSA published a rule
on this subject in 2004 which is
currently the subject of a legal
challenge PHMSA’s final rule
codifies long-standing interpretations and administrative decisions concerning the applicability of DOT’s regulations in
the overall statutory framework
which includes other agencies
beyond the scope of DOT’s jurisdiction.
It is not necessary to update Appendix A to remove child restraint systems (CRS) not currently in production because
the appendix is intended to be
representative of CRSs in use
by the public, not merely those
on the market. In addition, in
November 2003, NHTSA established a procedure for amending Appendix A—seats will be
added or removed when real
world usage makes it appropriate. Moreover, manufacturers are provided sufficient leadtime as to the CRSs the agency is using in its compliance
tests.
The LCV ‘‘freeze’’ was put in
place by Congress to protect
national infrastructure and highway safety. FHWA does not
have the authority to amend
the LCV ‘‘freeze’’.
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NO FURTHER ACTION—Continued
Regulation
Operating admin./
OST office
Commenter
Comment
Response
23 .......
49 CFR 392.9 ........
FMCSA ..................
American Trucking Associations.
Recommends eliminating the
extra stops necessitated by the
en route load securement inspection requirements for certain hazmat and improving the
definition of ‘‘impermissible
cargo movement’’ to avoid inconsistent enforcement.
24 .......
14 CFR 61.23 ........
FAA ........................
Aircraft Owners
and Pilots Association.
Recommends changing the requirement that pilots hold a
valid FAA medical certificate
when exercising the privileges
of a Recreational Pilot certificate to accept a valid driver’s license.
25 .......
14 CFR Part 61 .....
FAA ........................
Charles Garrison
14 CFR Part 380 ...
FAA ........................
Airline Dispatchers Federation.
Recommends changing the requirement that all private pilots
hold a valid FAA medical certificate to accept a valid driver’s license.
Recommends eliminating the distinction between public charters
and other operations for purposes of safety.
This requirement was discussed
during public meetings concerning the development of
new cargo securement standards. The model regulations
developed through this public
meeting process included the
cargo securement inspection
provision—FMCSA and Canadian Provinces have implemented these model regulations. (See 67 FR 61212, published September 27, 2002.)
FAA notes that private pilots can
fly in the most complex airspace and to many of the nation’s busiest airports. Therefore, they should be held to the
highest standard of fitness.
FAA further notes that, while
some medical conditions may
be grounds for disqualification,
most states rely on voluntary
disclosure of disqualifying conditions and test only vision.
Therefore, it is not appropriate
to make this revision.
See response above (#24).
26 .......
27 .......
49 CFR Part 177 ...
PHMSA ..................
American Trucking Associations.
Recommends requiring edible
food to be labeled as edible to
facilitate compliance with prohibition on transporting with poisons.
28 .......
dsatterwhite on PROD1PC76 with NOTICES
Item
No.
49 CFR Part 177 ...
PHMSA ..................
American Trucking Associations.
Recommends defining
missible movement’’.
29 .......
49 CFR Part 382 ...
OST–OADPC
FMCSA.
American Trucking Associations.
Recommends allowing carriers to
reduce their random testing
rate if they have a low violation
rate rather than basing it on the
industry-wide violation rate.
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DOT believes that it is important
to maintain the distinction between economic/consumer protection regulations for Public
Charters, in 14 CFR Part 380,
and the safety regulations of 14
CFR Parts 121 and 135. The
latter parts apply to direct air
carriers, with whom the charter
operators would contract; they
do not apply to the charter operators themselves or to the
public charter product which
they sell to their customers.
Current regulations only prohibit
transporting poisons and edible
food in the same motor vehicle
if the food is marked or known
to be foodstuffs. PHMSA does
not have the authority to require marking of foodstuffs, but
will suggest to its contacts in
FDA that they may want to address this problem.
This term is not used in the regulations and, therefore, need not
be defined. Moreover, PHMSA
believes that its more general
requirement is a better standard for compliance and enforcement purposes.
The current regulation is a longstanding policy decision based
on performance evidence. In
addition, it is too difficult, timeconsuming, and expensive to
enforce the regulations on a
carrier by carrier basis.
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NO FURTHER ACTION—Continued
Regulation
Operating admin./
OST office
Commenter
Comment
Response
30 .......
49 CFR Part 365 ...
FMCSA ..................
Owner-Operator
Independent
Drivers Association, Inc.
Proposes adopting stricter standards for brokers and freight forwarders to include lengthening
the protest and review period
for broker applications.
31 .......
49 CFR 376.12 ......
FMCSA ..................
Owner-Operator
Independent
Drivers Association, Inc.
Recommends redefining ‘‘Party’’
to a brokered transaction.
32 .......
49 CFR Part 375 ...
FMCSA ..................
Owner-Operator
Independent
Drivers Association, Inc.
Recommends eliminating nonbinding estimates for household
goods moves.
33 .......
49 CFR 368.6(d) ....
FMCSA ..................
Owner-Operator
Independent
Drivers Association, Inc.
34 .......
49 CFR 397.5 ........
FMCSA ..................
Owner-Operator
Independent
Drivers Association, Inc.
Recommends revising regulation
to allow public protests to applications from Mexico-domiciled
carriers for operating authority
in the border areas.
Requests a review and revision of
the hours of service and
hazmat rules to ensure compatibility.
35 .......
49 CFR Pars 40
and 382.
FMCSA OST–
OADPC.
49 CFR Part 571 ...
NHTSA ...................
Owner-Operator
Independent
Drivers Association, Inc.
Porsche .............
Suggests several modifications to
the drug and alcohol testing
program.
36 .......
dsatterwhite on PROD1PC76 with NOTICES
Item
No.
37 .......
................................
FTA ........................
American Public
Transit Association.
Requests transparency in nonrulemaking matters, including
notice and an opportunity to
comment on interpretations and
policy statements that affect
transit authorities.
FMCSA does not see a connection between the requested action and the actual problem—
brokers not paying the motor
carrier for the transportation
services rendered.
FMCSA believes that the regulations adequately address the
owner-operator’s rights because the owner-operator must
have a written lease agreement
with the authorized motor carrier and that agreement must
meet the specified requirements, which should be negotiable.
FMCSA believes that this recommendation is adequately addressed in its recently issued
final rule for Transportation of
Household Goods Consumer
Protection Regulations (see 70
FR 39949) and in household
goods provisions adopted as
part of SAFETEA–LU.
FMCSA considered this issue
prior to promulgating its final
rule regarding applications for
provisional Certificates of Registration (see 67 FR 12654).
FMCSA believes that the rules
are not incompatible and that
there are various operational
ways for a motor carrier to approach this issue and remain in
compliance with both sets of
rules. FMCSA has addressed
this comment in responding to
hours of service petitions for reconsideration.
DOT does not see a need to readdress any of these points before this rule is scheduled for
its next periodic review in 2007.
NHTSA provides flexible regulatory solutions for long lead
times to low volume manufacturers, allowing them to load a
higher percentage of their compliance toward the end of the
phase-in period than larger volume manufacturers. In addition,
many of the lead times are
lengthy, to accommodate minimal impact or no impact to midcycle redesigns for manufacturers. Moreover, the current regulations provide provisions for
small manufacturers to ask for
specific exemptions if they are
economically burdened by a
regulatory change.
FTA will embrace Section 3032 of
SAFETEA–LU which should
allay these concerns. The Department is putting this on the
No Further Action Warranted
chart only because it is not tied
to any specific regulations.
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Suggests developing a method of
implementing new safety requirements that does not jeopardize manufacturers of models
with long production cycles by
lengthening phase-in periods;
establishing a new vehicle category; or establishing longer
combined lead-time and phasein periods across the board.
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Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Notices
NO FURTHER ACTION—Continued
Regulation
Operating admin./
OST office
Commenter
Comment
Response
38 .......
14 CFR 212.10 ......
OST .......................
United Air Lines
Requests eliminating DOT’s authorization of block space arrangements.
39 .......
14 CFR 212.10 ......
OST .......................
United Air Lines
Requests eliminating DOT’s authorization of code-sharing arrangements.
40 .......
14 CFR 211.20 ......
OST .......................
United Air Lines
Recommends eliminating the requirement that U.S. carriers
conduct safety audits of their
foreign code-share partners.
41 .......
................................
OST .......................
United Air Lines
Requests DOT issue regulations
precisely defining what constitutes a ‘‘joint venture agreement’’ for purposes of triggering
statutory filing requirements.
42 .......
................................
DOT .......................
United Air Lines
Requests DOT exercise restraint
in its reviews of airline operational events.
43 .......
49 CFR Part 177 ...
PHMSA ..................
American Trucking Associations.
Recommends developing a National Response Center or webbased database that carriers
can tap into to find out which
regulations apply because immediate notice of a hazmat spill
is unduly burdensome.
44 .......
dsatterwhite on PROD1PC76 with NOTICES
Item
No.
49 CFR Parts 171–
180.
PHMSA ..................
United Air Lines
Recommends
requiring
each
hazmat shipper provide general
awareness training to all of its
employees.
These authorizations serve a
number of public interest concerns, including assessing the
competitive implications, security risks, and safety of the arrangements and, therefore, no
rulemaking action is appropriate at this time.
These reviews serve a number of
public interest concerns, including assessing the competitive
implications, security risks, and
safety or the arrangements
and, therefore, no rulemaking
action is appropriate at this
time.
To the extent that U.S. carriers
represent and sell seats on foreign air carriers as if they were
their own, it is reasonable to
ask them to bear some responsibility for ensuring the safety of
those passengers.
The statute specifies certain
types of joint venture agreements that must be filed for review and authorizes the Secretary to require certain additional types of agreements be
filed for review. DOT believes
that the statute is sufficiently
clear and that regulations
would add little additional clarity.
DOT does not dispute the need
for appropriate restraint. However, this request does not require rulemaking.
Immediate notification is essential
and PHMSA does not consider
its ‘‘as soon as practicable, but
no more than 12 hours after an
incident occurs’’ to be unduly
burdensome. PHMSA also believes that the cost of creating
and maintaining a Federal
database that would include all
state and local reporting requirements would be prohibitive.
PHMSA currently requires training
for all employees who, during
the course of their employment,
affect the safe transportation of
hazardous materials and estimates the requirement covers
approximately 1.4 million individuals. PHMSA believes the
regulations already cover the
employee population in question. A significant increase in
the number of employees subject to training would be cost
prohibitive without a measurable safety impact. PHMSA
and other DOT modes will continue to bring enforcement actions against shippers of
undeclared hazmat.
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Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Notices
NO FURTHER ACTION—Continued
Regulation
Operating admin./
OST office
Commenter
Comment
Response
45 .......
49 CFR Parts 171–
180.
PHMSA ..................
United Air Lines
49 CFR Parts 171–
180.
PHMSA ..................
United Air Lines
Recommends requiring carriers of
hazmat packages to leave a
copy of the shipping papers, including full hazmat description,
with the consignee in order to
avoid reshipping of unpackaged
hazmat cartons.
Recommends reaching out to
small businesses to inform
them of hazmat regulations.
PHMSA believes consignees receive more than sufficient information and the cost to impose
such an additional requirement
would not be offset by any tangible benefit to safety.
46 .......
47 .......
49 CFR Parts 171–
180.
PHMSA ..................
United Air Lines
Recommends urging OSHA to require complete hazmat descriptions as part of all MSDSs.
48 .......
49 CFR Parts 171–
180.
PHMSA ..................
United Air Lines
Recommends revitalizing DOT’s
work with the United Nations
and the international community to harmonize hazmat shipping requirements.
49 .......
dsatterwhite on PROD1PC76 with NOTICES
Item
No.
14 CFR Part 119.53
FAA ........................
National Air Carrier Association.
Suggests (1) allowing operations
under a wet lease to continue
while FAA reviews the lease
and (2) eliminating subsection
(f) because the special authority is unnecessary where the
appropriate air carrier already
has charter authority for the
route.
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PHMSA agrees that HMR compliance should be the subject of
an extensive outreach campaign, specifically to small businesses. Although PHMSA currently has an extensive outreach program for small businesses, the agency is open to
suggestions for improving its
program.
PHMSA does not have the authority to change the information on the MSDS, but will suggest to its contacts at OSHA
that they might want to address
this problem.
PHMSA and the Department are
both very active in working with
the international community to
ensure consistency in its regulations and international standards. PHMSA currently represents the U.S. on various
international and UN technical
committees. Because of difference of opinion in terms of
safety issues, cost impacts,
and issues related to compliance with the Administrative
Procedure Act, there are instances where DOT regulations
will vary from the international
standards. Regardless, the Department will continue to seek
ways in which to further harmonize global standards and
would be receptive to further
discussions.
These regulations were implemented to codify FAA policy.
The review of lease arrangements prior to operations is
necessary to confirm that each
party to the wet lease holds the
necessary operating and economic authority. For this reason, FAA does not intend to
take further action.
12JNN1
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Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Notices
NO FURTHER ACTION—Continued
Regulation
Operating admin./
OST office
Commenter
Comment
50 .......
14 CFR Part 121 ...
FAA ........................
National Air Carrier Association.
Regional Airline
Association.
Suggests rescinding the recent
change to Part 121 prohibiting
an employer form hiring an employee to conduct safety-sensitive functions unless the employer first conducts pre-employment drug testing and receives a negative result.
51 .......
................................
PHMSA ..................
Association of
Hazmat Shippers.
52 .......
49 CFR Part 582 ...
NHTSA ...................
National Automobile Dealers Association.
53 .......
49 CFR Part 583 ...
NHTSA ...................
National Automobile Dealers Association.
54 .......
49 CFR Part 595 ...
NHTSA ...................
National Automobile Dealers Association.
55 .......
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No.
................................
OST .......................
Regional Aviation Partners.
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Response
In 1994, the FAA revised its
‘‘prior to hire’’ requirement and
implemented a prior to performing safety-sensitive functions. This was amended in
2004 to return to the original
‘‘prior to hire’’ standard because communications with industry and enforcement cases
revealed that some employers
misunderstood the requirement
and employees who were performing safety-sensitive functions would subsequently test
positive for illegal drug use. In
addition, FAA considered the
reasons behind this suggestion
as part of the public comment
process prior to publishing its
final rule in January 2004. For
this reason, FAA does not intend to take further action.
Recommends that agencies do Agencies have the legal authority
not issue regulations that go
to issue rules without notice
into effect prior to allowing puband comment and must occalic comment.
sionally use that authority to respond to emergencies and
other situations that meet the
statutory standard.
Recommends pursuing the elimi- NHTSA recognizes that these
nation of statutory requirements
data only have limited usefulregarding mandatory distribuness to consumers, given that
tion of insurance cost informamost insurance information is
tion booklets to dealerships.
driver-specific, not vehicle-specific. However, it fulfills a statutory mandate.
Recommends pursuing the elimi- NHTSA has indicated on several
nation of statutory requirements
occasions that, while a number
regarding parts content labeling.
of parties continue to have objections to the current labeling
program, the objections are
with the underlying statute. Any
significant changes need to
come from Congress.
Recommends improving outreach Significant outreach efforts have
regarding alteration and modiand will continue to be exfication activities to aid small
pended. NHTSA reaches out to
business compliance and enand travels to industry organihance transportation safety.
zations to update them on regulatory requirements of relevance to their members and
encourages them to share that
information. NHTSA continues
to be open to considering specific recommendations to improve its outreach.
Recommends immediately imple- While section 402 allows the Dementing section 402 (fuel subpartment to increase fuel comsidies) of Vision 100.
pensation rates without regard
to negotiated contracts in the
event that air carriers experience
significant
increased
costs, it is impracticable for the
Department to do so given the
limited funding for the program.
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Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Notices
NO FURTHER ACTION—Continued
Regulation
Operating admin./
OST office
Commenter
Comment
Response
56 .......
................................
OST .......................
Regional Aviation Partners.
Recommends
giving
greater
weight and consideration to
community
preferences
in
awarding Essential Air Service
(EAS) contracts.
57 .......
................................
FTA ........................
New York MTA
Suggests
several
technical
changes to FTA program requirements, including reporting
requirements for the national
transit database.
58 .......
................................
FTA ........................
New York MTA
Suggests
several
technical
changes to FTA program requirements, including Clean Air
Act regulations pertaining to
transportation projects.
59 .......
................................
FTA ........................
New York MTA
Suggests
several
technical
changes to FTA program requirements, including amending
the Congestion Mitigation and
Air Quality (CMAQ) program.
60 .......
26 CFR 1.132–9 ....
FTA ........................
New York MTA
The program already affords significant weight to community
views. However, this is only
one of the factors considered,
and the Department continues
to need flexibility to consider all
factors.
Some of the issues raised are
controlled by statute and cannot be addressed. The remaining data issues address data
necessary for FTA to assure
that it is exercising its authority
properly.
These issues were highly negotiated by EPA and DOT prior to
adopting the program requirements. FTA does not agree
that these issues need to be
readdressed at this time.
Eligibility for CMAQ funds is limited to programs and projects
that help the nonattainment
area attain the national ambient
air quality standards. Because
of the basic statutory objective
of this program, there is no leeway to extend eligibility to routine maintenance and rehabilitation.
This is an IRS regulation that
FTA cannot amend.
61 .......
23 CFR 658.5 ........
FHWA ....................
62 .......
................................
FHWA, FTA ...........
63 .......
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49 CFR Part 398 ...
FMCSA ..................
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Suggests
several
technical
changes to FTA program requirements, including increasing transit subsidies and extending them to include parking.
National AssoSuggests modifying the truck The provisions governing this
ciation of
height and width regulation to
issue are Congressionally deHome Builders.
accommodate transportation of
fined. Therefore, FHWA does
modular housing on the Nanot have the authority to make
tional Network.
this change.
California FedRecommends improving coordi- The Fiscal Management Informaeral Programnation among DOT databases
tion System (FMIS) is FHWA’s
ming Group.
and making them more userprimary information system for
friendly.
tracking individual Federal-aid
highway projects. Since the
data in the system is highway
specific, there is no purpose in
coordinating the FMIS with
other non-highway DOT databases. FHWA believes that
FMIS is reasonably user-friendly and provides training and assistance to users.
Owner-Operator
Recommends eliminating unique A comprehensive review of this
Independent
rules for migrant workers.
part occurred in the early
Drivers Asso1990s and the decision was
ciation, Inc.
made not to remove the migrant workers rules.
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Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Notices
(Authority: 5 U.S.C. 610; E.O. 12866, 58 FR
51735, Oct. 4, 1993)
Issued this 14th day of April, 2006, at
Washington, DC.
Norman Y. Mineta,
Secretary of Transportation.
[FR Doc. 06–5240 Filed 6–9–06; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Notice of Availability of Draft Advisory
Circulars, Other Policy Documents and
Proposed Technical Standard Orders
Federal Aviation
Administration (FAA), DOT.
ACTION: This is a recurring Notice of
Availability, and request for comments,
on the draft advisory circulars (ACs),
other policy documents, and proposed
technical standard orders (TSOs)
currently offered by the Aircraft
Certification Service.
AGENCY:
The FAA’s Aircraft
Certification Service publishes proposed
non-regulatory documents that are
available for public comment on the
Internet at https://www.faa.gov/aircraft/
draft_docs/.
DATES: We must receive comments on or
before the due date for each document
as specified on the Web site.
ADDRESSES: Send comments on
proposed documents to the Federal
Aviation Administration at the address
specified on the Web site for the
document being commented on, to the
attention of the individual and office
identified as point of contact for the
document.
SUMMARY:
https://www.faa.gov/aircraft/draft_docs/.
For Internet retrieval assistance, contact
the AIR Internet Content Program
Manager at 202–267–8361.
Background
We do not publish an individual
Federal Register Notice for each
document we make available for public
comment. Persons wishing to comment
on our draft ACs, other policy
documents and proposed TSOs can find
them by using the FAA’s Internet
address listed above. This notice of
availability and request for comments
on documents produced by the Aircraft
Certification Service will appear again
in 30 days.
Issued in Washington, DC, on June 6, 2006.
Terry Allen,
Acting Manager, Production and
Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 06–5302 Filed 6–9–06; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Agency Information Collection Activity
Under OMB Review
Commercial Space Transportation.
Respondents are applying for licenses to
authorize licensed launch activities.
Estimated Annual Burden Hours: An
estimated 3,089 hours annually.
ADDRESSES: Send comments to the
Office of Information and Regulatory
Affairs, Office of Management and
Budget, 725 17th Street, NW.,
Washington, DC 20503, Attention FAA
Desk Officer.
Comments are invited on: Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the Department,
including whether the information will
have practical utility; the accuracy of
the Department’s estimates of the
burden of the proposed information
collection; ways to enhance the quality,
utility, and clarity of the information to
be collected; and ways to minimize the
burden of the collection of information
on respondents, including the use of
automated collection techniques or
other forms of information technology.
Issued in Washington, DC, on June 2, 2006.
Carla Mauney,
FAA Information Collection Clearance
Officer, Information Systems and Technology
Services Staff, ABA–20.
[FR Doc. 06–5304 Filed 6–9–06; 8:45 am]
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice.
BILLING CODE 4910–13–M
Federal Aviation Administration
Comments Invited
SUMMARY: The FAA invites public
comments about our intention to request
the Office of Management and Budget’s
(OMB) revision of a current information
collection. The Federal Register Notice
with a 60-day comment period soliciting
comments on the following collection of
information was published on January
18, 2006, page 2982.
DATES: Please submit comments by July
12, 2006.
FOR FURTHER INFORMATION CONTACT:
Carla Mauney on (202) 267–9895.
SUPPLEMENTARY INFORMATION:
When commenting on draft ACs,
other policy documents or proposed
TSOs, you should identify the
document by its number. The Director,
Aircraft Certification Service, will
consider all comments received on or
before the closing date before issuing a
final document. You can obtain a paper
copy of the draft document or proposed
TSO by contacting the individual or
FAA office responsible for the
document as identified on the Web site.
You will find the draft ACs, other policy
documents and proposed TSOs on the
‘‘Aircraft Certification Draft Documents
Open for Comment’’ Web site at
Federal Aviation Administration (FAA)
Title: Commercial Space
Transportation Licensing Regulations.
Type of Request: Revision of a
currently approved collection.
OMB Control Number: 2120–0608.
Forms(s): Form 8800–1.
Affected Public: An estimated 2
Respondents.
Abstract: The required information
will be used to determine if applicant
proposal for conducting commercial
space launches can be accomplished in
a safe manner according to regulations
and license orders issued by the Office
of the Associate Administrator for
See
the individual or FAA office identified
on the Web site for the specified
document.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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DEPARTMENT OF TRANSPORTATION
Agency Information Collection Activity
Under OMB Review
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice.
AGENCY:
SUMMARY: The FAA invites public
comments about our intention to request
the Office of Management and Budget’s
(OMB) revision of a current information
collection. The Federal Register Notice
with a 60-day comment period soliciting
comments on the following collection of
information was published on March
15, 2006, pages 13445–13446.
DATES: Please submit comments by July
12, 2006.
FOR FURTHER INFORMATION CONTACT:
Carla Mauney on (202) 267–9895.
SUPPLEMENTARY INFORMATION:
Federal Aviation Administration (FAA)
Title Recording of Aircraft
Conveyances and Security Documents.
Type of Request: Revision of a
currently approved collection.
OMB Control Number: 2120–0043.
Forms(s): AC Form 8050–41.
E:\FR\FM\12JNN1.SGM
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Agencies
[Federal Register Volume 71, Number 112 (Monday, June 12, 2006)]
[Notices]
[Pages 33780-33799]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5240]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary of Transportation
[Docket No. OST-2005-20112]
Regulatory Review Report
AGENCY: Office of the Secretary of Transportation (OST), DOT.
ACTION: Final report.
-----------------------------------------------------------------------
SUMMARY: This is the Department's final report providing a brief
response, including a description of further action we intend to take,
to the public's participation in the Department of Transportation's
review of its existing regulations and its current Regulatory Agenda.
ADDRESSES: For access to the docket to read background documents or
comments received, go to https://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays. You can access the docket for this notice by
inserting the last five-digits of the docket number into the DMS
``quick search'' function.
FOR FURTHER INFORMATION CONTACT: Neil Eisner, Assistant General
Counsel, Office of General Counsel, Department of Transportation, 400
7th St., SW., Room 10424, Washington, DC 20590-0001. Telephone (202)
366-4723. E-mail neil.eisner@dot.gov
SUPPLEMENTARY INFORMATION:
Background
The Department of Transportation (Department or DOT) includes the
Office of the Secretary (OST), and the following operating
administrations (OAs): Federal Aviation Administration (FAA); Federal
Highway Administration (FHWA); Federal Motor Carrier Safety
Administration (FMCSA); Federal Railroad Administration (FRA); Federal
Transit Administration (FTA); Maritime Administration (MARAD); National
Highway Traffic Safety Administration (NHTSA); Pipeline and Hazardous
Materials Safety Administration (PHMSA); Research and Innovative
Technology Administration (RITA); and St. Lawrence Seaway Development
Corporation (SLSDC).
Each of these elements of DOT has statutory responsibility for a
wide range of regulations. For example, DOT regulates safety in the
aviation, motor carrier, railroad, mass transit, motor vehicle,
commercial space, and pipeline transportation areas. DOT regulates
aviation consumer and economic issues, and provides financial
assistance and promulgates and enforces the necessary implementing
rules for programs involving highways, airports, mass transit, the
maritime industry, railroads, and motor vehicle safety. It writes
regulations carrying out such disparate statutes as the Americans with
Disabilities Act and the Uniform Time Act. Finally, DOT has
responsibility for developing policies that implement a wide range of
regulations that govern internal programs such as acquisition and
grants, access for the disabled, environmental protection, energy
conservation, information technology, occupational safety and health,
property asset management, seismic safety, security, and the use of
aircraft and vehicles.
Improvement of our regulations is a continuous focus of the
Department. There should be no more regulations than necessary, and
those that are issued should be simple, comprehensible, and not
burdensome. Most rules are issued following notice to the public and
opportunity for comment. Once issued, rules are periodically reviewed
and revised, as needed, to assure that they continue to meet the needs
for which they originally were designed.
To help implement this goal, the Department issued a Notice of
Regulatory Review on January 26, 2005 (70 FR 3761), seeking public
comment on how to (1) improve our rules to be more effective and less
costly or burdensome, (2) identify rules no longer needed and/or new
rules that may be needed, and (3) prioritize our current rulemaking
activities, which were set forth in our semi-annual Regulatory Agenda.
(The latest Agenda preceding the Notice can be found at 69 FR 73492,
December 13, 2004; the Department's last Agenda can be found at 70 FR
64940, October 31, 2005.) At the outset, the Department accepted
written public comments and requests to participate in
[[Page 33781]]
a public meeting. The Department held a public meeting in Washington,
DC, on April 12, 2005, presided over by the Department's General
Counsel. Senior officials of the Department's operating administrations
also participated in this meeting. The Department continued to accept
written comments from the public as well as participants at the public
meeting until April 30, 2005.
We appreciate the public's participation in this regulatory review
process. We especially thank our stakeholder groups, including trade
associations, interest groups, consumer groups, and individual
regulated parties--whether public or private sector organizations--for
their participation in this process. Your participation has provided
meaningful and significant input to the Secretary, the General Counsel,
and other DOT senior officials.
The Final Report
For rulemakings already in progress, we have provided Rulemaking
Identification Numbers (RIN). The RIN will allow you to monitor the
progress of a rulemaking through the Unified Agenda, in which we
publish estimated dates for taking various public actions.
Comments Warranting Further Action
----------------------------------------------------------------------------------------------------------------
Operating
Item No. Regulation admin./OST Commenter Comment Response
office
----------------------------------------------------------------------------------------------------------------
1......... 49 CFR Part FRA.......... Association of Requests FRA revise FRA allows electronic records
228. American its regulations to under a waiver process that
Railroads. allow for requires railroads to
electronic records maintain electronic records
rather than use the similar to their paper
``waiver'' process. records. FRA agrees that Part
228 should be reviewed and
revised to facilitate
electronic recordkeeping and
expects to initiate work on a
notice of proposed rulemaking
in the current fiscal year.
2......... 49 CFR Part FRA.......... Association of Requests FRA revise FRA intends to offer its
229. American its locomotive Railroad Safety Advisory
Railroads. inspection Committee (RSAC) the task of
regulations to reviewing and revising Part
incorporate a 229 at the RSAC full
performance committee meeting on February
standard. 22, 2006.
3......... 49 CFR 395.3.. FMCSA........ Association of Requests FMCSA FMCSA will answer the
American address hours of previously submitted pilot
Railroads. service conflicts program request on this
for railroad signal matter.
employees.
4......... 14 CFR Part OST RITA United Air Recommends The Department agrees that a
241. (BTS). Lines. eliminating review of these regulations
regulations that no is appropriate and, in fact,
longer serve a already has plans to include
useful purpose-- this regulation as part of a
like the future review of certain
requirement to file aviation data requirements
BTS Schedules B-7 similar to the review and
and B-43, which modernization program
requests highly currently being conducted.
detailed and (See RIN 2105-AC71).
competitively
sensitive
information.
5......... 14 CFR 21.197. FAA.......... ASTAR Air Cargo Correct obsolete This error occurred in 1995
references to when the FAA realigned and
sections 121.79 and consolidated certain
135.17. services. This error was
corrected in the Maintenance
Recording Requirements Final
Rule published January 4,
2006 (71 FR 534).
6......... 14 CFR Parts FAA.......... Federal Express Recommends that no In general, the Department
91, 121, 135. Corp.. regulation should agrees with Federal Express,
be adopted unless and this has long been part
it has been of the Department's policy.
carefully evaluated With regard to the ETOPS
to meet demanding NPRM, the Current ETOPS
cost-benefit rulemaking will include a
standards--specific cost-benefit analysis. (RIN
ally, the ETOPS 2120-AI03)
NPRM.
7......... 25 CFR Part FHWA......... Lummi Nation Recommends that DOT Section 1119(f) of the
170. Planning require the Bureau recently enacted long-term
Department. of Indian Affairs surface transportation
(BIA) Indian authorization statute (Safe,
Reservation Roads Accountable, Flexible and
(IRR) program to Efficient Transportation
produce a complete Equity Act: A Legacy for
inventory of Users ``SAFETEA-LU'')
reservation roads. requires the Secretary of
Transportation, in
cooperation with the
Secretary of the Interior, to
complete a comprehensive
national inventory of
transportation facilities
that are eligible for
assistance under the IRR
program. The Department is
implementing Section 1119(f)
of SAFETEA-LU and working
with the Department of the
Interior to conduct the
comprehensive inventory.
However, this does not
require a rulemaking action.
[[Page 33782]]
8......... 49 CFR 571.213 NHTSA........ Evenflo........ Recommends NHTSA will not enforce this
eliminating the particular requirement due to
mass distinction concerns about its
for belt- enforceability. However,
positioning booster NHTSA recognizes the
seats. potential for forces
generated by the mass of a
booster seat to overload a
child occupant's chest should
be addressed and, therefore,
is addressing this issue in a
proposed rulemaking to expand
the applicability of FMVSS
No. 213 to children weighing
up to 80 pounds (RIN 2127-
AJ44).
9......... 49 CFR 571.213 NHTSA........ Evenflo........ Recommends NHTSA recognizes the
clarifying the inconsistency in measurements
location of the provided and will correct
lower anchorage bar this inconsistency.
on the standard
seat assembly
depicted in Figure
1B.
10........ 49 CFR 395.8.. FMCSA........ American Objects to FMCSA's These comments were taken into
Trucking current hours of consideration in the course
Associations. service; supporting of the existing, open
documents NPRM and rulemaking (RIN 2126-AA76).
recommends allowing/
imposing a
performance-based
approach of self-
monitoring systems
designed to avoid
burdensome coverage
of all business
records.
11........ 49 CFR Part FMCSA........ American Recommends issuing FMCSA recognizes the need for
396. Trucking rules requiring a rulemaking on this issue and
Associations. safety program for will soon begin rulemaking to
intermodal implement Section 4118 of
equipment SAFETEA-LU (RIN 2126-AA86).
(container chassis)
that travels on
highways.
12........ 49 CFR 383.5 FMCSA........ Owner-Operator Recommends adopting FMCSA will consider these
and 384.209. Independent a graduated comments during its
Drivers commercial driver's rulemaking addressing Section
Association, license (CDL) 4122 of SAFETEA-LU that
Inc. program and amends the law allowing for
clarifying FMCSA to implement a CDL
disqualification Learner's Permit program.
standards. (RIN 2126-AB02). With regard
to clarifying
disqualification standards,
FMCSA has on-going efforts to
work with States toward more
uniform definitions of
serious traffic violations.
13........ 49 CFR Part FMCSA........ Owner-Operator Recommends This recommendation will be
387. Independent reevaluating considered as a comment in
Drivers whether to continue the Unified Registration
Association, self insurance and, System rulemaking (RIN 2126-
Inc. if so, suggests AA22).
several safeguards.
14........ 14 CFR Part OST.......... United Air Recommends that Starting with the January 2006
234. Lines. reports of ``Air Travel Consumer
mishandled baggage Report'', DOT will clarify
distinguish between that reports of mishandled
carriers that baggage do not distinguish
interline and those between carriers that
that do not or, at interline and those that do
least, clarify that not.
this distinction is
not made.
15........ .............. FAA.......... Regional Recommends allowing FAA will be addressing this
Airline operators to carry issue in an upcoming final
Association. company material rule.
that is hazardous
even though they
have identified
themselves as a
``will not carry''
operator.
16........ 49 CFR 173.134 PHMSA FAA.... Regional Suggests allowing an The hazmat requirements do not
Airline exception for apply to noninfectious
Association. ``will not carry'' diagnostic specimens.
operators to carry However, there is some
noninfectious confusion on this issue,
diagnostic which PHMSA intends to
specimens. clarify in an ongoing
rulemaking in which PHMSA
proposes to harmonize its
hazmat rules with recently
adopted international
standards (2137-AD93).
17........ 14 CFR 121.574 PHMSA FAA.... Regional Recommends amending PHMSA has issued an exemption
Airlines rules to allow from 49 CFR Parts 171-180
Association. carriers to carry allowing FAT kit to be
First Aid and carried in the cabin. FAA is
Trauma (FAT) kits considering an amendment that
that are supplied would allow the use of the
by government FAT kit's oxygen in flight.
agencies and to It intends to include this in
state that the a future review of the entire
maintenance can be Part 121.
under an approved
program without
mentioning the
certificate holder.
[[Page 33783]]
18........ 49 CFR Part NHTSA........ National Recommends NHTSA has devoted significant
563. Automobile accelerating the time and resources in
Dealers electronic data drafting an EDR final rule.
Association. recording (EDR) Publication is expected in
rulemaking. 2006 (RIN 2127-AI72).
19........ .............. OST.......... Regional Recommends The Department has sent out a
Aviation immediately notice soliciting public
Partners. implementing comment and interest on this
section 406 (code program. (See 70 FR 40098.)
share pilot
program) of Vision
100.
20........ FTA Circular FTA.......... New York MTA... Suggests several FTA agrees to expand footnote
4220.1E. technical changes 39 of FTA Circular 4220.1E to
to FTA program further acknowledge the
requirements, propriety of liquidated
including third damages and to update the
party contracting Best Practices Procurement
requirements. Manual.
21........ .............. FTA.......... New York MTA... Suggests several FTA intends to take comment on
technical changes this issue during the
to FTA program rulemaking mandated by
requirements, section 3023 of SAFETEA-LU
including Buy (RIN 2132-AA80).
America.
22........ .............. FTA.......... New York MTA... Suggests several FTA will undertake a
technical changes comprehensive review of all
to FTA program of its current program
requirements, circulars in an attempt to
including Grants streamline and consolidate
Management. circulars as appropriate. FTA
will reach out to the transit
industry and invite public
comment, in accordance with
section 3032 of SAFETEA-LU.
23........ .............. FTA FHWA..... New York MTA... Suggests several Pursuant to sections 6007 and
technical changes 6009 of SAFETEA-LU, FHWA and
to FTA program FTA will conduct a rulemaking
requirements, to clarify the regulatory
including 4(f) procedure and criteria for
criteria. evaluating ``prudent and
feasible'' alternatives (RINs
2125-AF14 and 2132-AA83).
24........ 23 CFR Part FTA FHWA..... New York MTA... Suggests several Pursuant to section 6002 of
771. technical changes SAFETEA-LU, FTA and FHWA are
to FTA program considering a rulemaking to
requirements, revise the agencies' joint
including environmental impact
environmental procedures (RINs 2125-AF09
impact procedures. and 2132-AA82).
25........ 49 CFR Part FTA.......... New York MTA... Suggests several Many of these points will be
611. technical changes addressed through rulemaking
to FTA program under section 3011 of SAFETEA-
requirements, LU (RIN 2132-AA81).
including the New
Starts program.
26........ 23 CFR 771.135 FHWA......... New Hampshire Suggests revising Pursuant to sections 6009 of
Department of the 4(f) criteria SAFETEA-LU, FHWA and FTA will
Transportation. to require conduct a rulemaking to
evaluation and clarify the regulatory
legal sufficiency procedure and criteria for
review for evaluating ``prudent and
Environmental feasible'' alternatives (RINs
Impact Statements 2125-AF14 and 2132-AA83).
and Environmental
Assessments only,
not categorical
exclusions.
27........ 14 CFR Part OST.......... American Recommends the While the Department does not
399. Airlines. Department issue a agree that certain aviation
policy statement to authorities should be issued
establish that for an indefinite duration,
certain authorities it agrees that the Department
under the aviation should consider examining
statute--exemptions whether certain aviation
, codeshare authorities could be awarded
statements of for a longer duration. The
authorization--will Department is exploring
be issued for an measures to achieve this
indefinite duration objective and has announced
in order to avoid new streamlining procedures
renewal to this end. In a Notice
applications every issued August 23, 2005, the
1 or 2 years. Department stated that it
would employ show-cause
procedures for the award of
certain long-term certificate
and permit authority, with
the goal of reducing the need
for frequent renewal of
exemption authority. On
December 9, 2005, the
Department issued an order
tentatively granting more
than 20 U.S. air carriers
blanket route integration
authority. Under the terms of
the order, the blanket
authority will be granted for
a 5-year term, renewable upon
application, and will be
applied prospectively to
encompass future awards of
authority.
[[Page 33784]]
28........ 14 CFR Part OST.......... United Air Recommends See above response (27).
duration
limitations on
carrier
certificates and
exemption route
authority.
29........ 14 CFR Part OST.......... Delta Airlines. Recommends a default See above response (27).
provide that
exemptions and
other authorities
under the aviation
statute--exemptions
, codeshare
statements of
authorization--will
be issued for an
indefinite duration
but that the
Department may
amend, modify or
revoke them at any
time without a
hearing.
30........ 14 CFR 257.5.. OST.......... United Air Recommends allowing In response to United Air
Lines. a generic statement Lines recent Petition for
of code-sharing and Rulemaking on this issue, DOT
long-term wet issued a final rule on August
leases in 4, 2005 (see 70 FR 44848).
advertisement.
31........ 49 CFR........ FRA.......... Chicago Area... Recommends This comments pre-dates FRA
Part 222...... Transportation reconsidering the issuance of its final rule on
Study. analysis of risk ``Use of Locomotive Horns as
Council of for not sounding Highway-Rail Crossings'' (see
Mayors the train horn in 80 FR 21844). In the final
Executive the Chicago area. rule FRA carved out the
Committee. Chicago area and will study
that area separately. If
appropriate, it will be
addressed in a future
rulemaking (RIN 2130-AB73).
32........ 23 CFR Part FHWA......... Texas Suggests several Section 1503 of SAFETEA-LU
636. Department of revisions to the requires a revision to the
Transportation. design-build design-build regulations.
regulations. FHWA plans to amend the
regulations accordingly. In
addition, FHWA is currently
evaluating the need to modify
the design-build regulations
in the context of public-
private partnerships (RIN
2125-AF12).
33........ .............. FTA.......... New York MTA... Suggests several This is a long list of
technical changes technical changes some of
to FTA program which must be done by
requirements, legislation while others may
including reporting be done by regulation. Each
requirements for of these will require
the national detailed evaluation to
transit database. determine whether it can be
done by regulation. Those
that can be changed by
regulation will be addressed.
34........ 49 CFR........ PHMSA........ Association of Objects to the This will be treated as a
173.24(b)..... Hazmat additional comment to the current
Shippers. packaging rulemaking on this issue (RIN
requirements for 2137-AD33).
oxygen cylinders.
35........ .............. FTA.......... New York MTA... Suggests several Most of the suggestions
technical changes offered would require
to FTA program legislative change. The
requirements, remaining suggestion
including to Fixed regarding risk assessments
Guideway will be addressed through
Modernization. upcoming guidance.
36........ 14 CFR........ FAA.......... Regional Requests a FAA is developing, with
Part 121...... Airline. rulemaking to allow industry, appropriate
Association.... air carriers to language for an operation
conduct both specification and, therefore,
scheduled and believes that a rulemaking is
charter service unnecessary.
with one set of
books.
----------------------------------------------------------------------------------------------------------------
Comments Warranting Further Consideration
--------------------------------------------------------------------------------------------------------------------------------------------------------
Item number Regulation Operating admin./OST office Commenter Comment Response
--------------------------------------------------------------------------------------------------------------------------------------------------------
1............. ............................. DOT.......................... Marion C. Pulsifer Suggests that the DOT recently completed a
Consulting. development, financing, report to develop a
environmental review, process to ensure
etc. of large multimodal effective and
infrastructure projects comprehensive oversight
be coordinated through a of large transportation
single point in DOT. infrastructure projects
and is carefully
monitoring the use of
one possible process in
the administration of
the on-going multimodal
Transportation Expansion
(TREX) megaproject in
Denver, Colorado.
[[Page 33785]]
2............. ............................. FMCSA FAA.................... Federal Express Corp Recommends clearly The agencies are mindful
defining the scope of of the need for clarity
the agencies' in defining regulatory
jurisdiction vis-a-vis jurisdiction.
OSHA.
3............. 49 CFR 571.124............... NHTSA........................ Alliance of Suggests revising all NHTSA currently has a
Automobile Federal Motor Vehicle regulatory review
Manufacturers. Safety Standards program that
(FMVSS)--in similar specifically evaluates
fashion used for FMVSS the need to revise FMVSS
124--to accommodate to accommodate
technological changes technological and other
and voluntary industry changes. NHTSA's review
action. schedule under Section
610 of the Regulatory
Flexibility Act and
other reviews was
published in Appendix D
to the Unified Agenda
(70 FR 64079, 64949).
FMVSS 124 was one of the
first standards to be
reviewed under this
process at which time no
changes were warranted
and the standard will be
reviewed again through
this process.
4............. 49 CFR 571.108............... NHTSA........................ American Trucking Recommends providing for Current regulations allow
Associations. commercial vehicle the most safe and
lighting equipment effective replaceable
interchangeability. headlamps. The agency is
currently reviewing this
regulation to determine
if revisions are
appropriate.
5............. ............................. FMCSA PHMSA.................. American Trucking Requests a rule to FMCSA is working with the
Associations. implement uniform current Alliance for
requirements for hazmat Uniform Hazardous
permits and to preempt Materials Registration
state permit to encourage States to
requirements that are voluntarily join in a
not substantively the base-state hazmat
same.. permitting arrangement.
FMCSA and PHMSA will
establish a work group
to study hazmat
permitting and
registration practices
in response to a
requirement in SAFETEA-
LU and will reevaluate
whether it should open a
rulemaking at the
completion of that
working group's report.
6............. 14 CFR Part 121.............. FAA.......................... Airline Dispatchers Recommends applying the With electronic
Federation. rules for dispatching communication much more
scheduled airline sophisticated now than
operations to it was when the studies
supplemental operations, offered in support of
so that a certified this comment were
dispatcher is on site performed, one would
for departures. intuitively expect less
need for on-site
dispatchers. However,
FAA believes that it is
worthwhile to review
dispatch-related
accidents and incidents
to ascertain whether the
number is
disproportionately high
when no dispatcher is
physically present.
7............. 14 CFR 121.465............... FAA.......................... Airline Dispatchers Recommends revising the FAA agrees that, on face
Federation. rules on aircraft value, dispatcher
dispatchers duty time to fatigue is primarily an
be consistent both in issue of time. However,
and out of the U.S. before taking definitive
steps to revise the
regulation, it is
appropriate to review
whether there are higher
levels of accidents and
incidents among flag
carriers dispatching
aircraft from outside
the U.S.
[[Page 33786]]
8............. 14 CFR 121.619............... FAA.......................... Aircraft Dispatchers Recommends liberalizing The FAA is currently
Federation. the requirement for reviewing air carriers'
specifying an alternate ability to dispatch
destination prior to while carrying alternate
dispatch. fuel at lower limits
than the current rule
allows. The FAA will
determine if rulemaking
is appropriate based on
the outcome of this
review.
9............. 14 CFR Part 91............... FAA.......................... Aircraft Dispatchers Recommends developing a The FAA has begun a broad-
Federation. plan to certify and based program to assess
regulate unmanned aerial the need for UAV
vehicles (UAV). regulations. The FAA
Flight Plan has
identified the
development of policies,
procedures, and approval
processes to enable the
operation of UAVs in the
National Airspace System
as a long-term
initiative. The FAA is
well on its way to
developing these
policies. There is a