Regulatory Review Report, 33780-33799 [06-5240]

Download as PDF dsatterwhite on PROD1PC76 with NOTICES 33780 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, VerDate Aug<31>2005 19:52 Jun 09, 2006 Jkt 208001 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 Frm 00058 Fmt 4703 Sfmt 4703 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 E:\FR\FM\12JNN1.SGM 12JNN1 Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Notices 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 ........... dsatterwhite on PROD1PC76 with NOTICES Item No. 25 CFR FHWA ...... Part 170. Lummi Nation Planning Department. VerDate Aug<31>2005 FMCSA .... FAA .......... 19:52 Jun 09, 2006 Jkt 208001 PO 00000 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. Frm 00059 Fmt 4703 Sfmt 4703 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. E:\FR\FM\12JNN1.SGM 12JNN1 33782 Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Notices 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 ......... dsatterwhite on PROD1PC76 with NOTICES Item No. 14 CFR 121.574. PHMSA FAA. Regional Airlines Association. VerDate Aug<31>2005 FMCSA .... 19:52 Jun 09, 2006 Owner-Operator Independent Drivers Association, Inc. United Air Lines ....... Jkt 208001 PO 00000 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. Frm 00060 Fmt 4703 Sfmt 4703 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. E:\FR\FM\12JNN1.SGM 12JNN1 Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Notices 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 ......... dsatterwhite on PROD1PC76 with NOTICES 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. VerDate Aug<31>2005 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.) Jkt 208001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 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. E:\FR\FM\12JNN1.SGM 12JNN1 33784 Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Notices 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 ....................... VerDate Aug<31>2005 19:52 Jun 09, 2006 Jkt 208001 PO 00000 Commenter Marion C. Pulsifer Consulting. Frm 00062 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. Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 33785 Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Notices 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. VerDate Aug<31>2005 19:52 Jun 09, 2006 Jkt 208001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 33786 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. VerDate Aug<31>2005 19:52 Jun 09, 2006 Jkt 208001 PO 00000 Frm 00064 Fmt 4703 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. Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 33787 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. VerDate Aug<31>2005 20:32 Jun 09, 2006 Jkt 208001 PO 00000 Commenter 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). Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 33788 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. VerDate Aug<31>2005 19:52 Jun 09, 2006 Jkt 208001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 33789 Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Notices 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. VerDate Aug<31>2005 19:52 Jun 09, 2006 Jkt 208001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 33790 Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Notices 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. VerDate Aug<31>2005 19:52 Jun 09, 2006 Jkt 208001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 33791 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. VerDate Aug<31>2005 19:52 Jun 09, 2006 Jkt 208001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 33792 Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Notices 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’’. VerDate Aug<31>2005 19:52 Jun 09, 2006 Jkt 208001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 33793 Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Notices 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. VerDate Aug<31>2005 19:52 Jun 09, 2006 Jkt 208001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 ‘‘imper- E:\FR\FM\12JNN1.SGM 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. 12JNN1 33794 Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Notices 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. VerDate Aug<31>2005 19:52 Jun 09, 2006 Jkt 208001 PO 00000 Frm 00072 Fmt 4703 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. Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 33795 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. VerDate Aug<31>2005 19:52 Jun 09, 2006 Jkt 208001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 33796 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. VerDate Aug<31>2005 19:52 Jun 09, 2006 Jkt 208001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 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 33797 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 ....... dsatterwhite on PROD1PC76 with NOTICES Item No. ................................ OST ....................... Regional Aviation Partners. VerDate Aug<31>2005 19:52 Jun 09, 2006 Jkt 208001 PO 00000 Frm 00075 Fmt 4703 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. Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 33798 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 ....... dsatterwhite on PROD1PC76 with NOTICES Item No. 49 CFR Part 398 ... FMCSA .................. VerDate Aug<31>2005 19:52 Jun 09, 2006 Jkt 208001 PO 00000 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. Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 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: dsatterwhite on PROD1PC76 with NOTICES 33799 VerDate Aug<31>2005 19:52 Jun 09, 2006 Jkt 208001 AGENCY: PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 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 12JNN1

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]

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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

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