Department of Transportation Semiannual Regulatory Agenda, 21969-21990 [E9-10277]

Agencies

• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 74, Number 89 (Monday, May 11, 2009)]
[Proposed Rules]
[Pages 21969-21990]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10277]


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Part XI





Department of Transportation





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Semiannual Regulatory Agenda

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DEPARTMENT OF TRANSPORTATION (DOT)






_______________________________________________________________________

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Chs. I-III

23 CFR Chs. I-III

33 CFR Chs. I and IV

46 CFR Chs. I-III

48 CFR Ch. 12

49 CFR Subtitle A, Chs. I-VI and Chs. X-XII

OST Docket 99-5129

Department Regulatory Agenda; Semiannual Summary

AGENCY: Office of the Secretary, DOT.

ACTION: Semiannual regulatory agenda.

_______________________________________________________________________

SUMMARY: The regulatory agenda is a semiannual summary of all current 
and projected rulemakings, reviews of existing regulations, and 
completed actions of the Department. The agenda provides the public 
with information about the Department of Transportation's regulatory 
activity. It is expected that this information will enable the public 
to be more aware of and allow it to more effectively participate in the 
Department's regulatory activity. The public is also invited to submit 
comments on any aspect of this agenda.

FOR FURTHER INFORMATION CONTACT: 

General

     You should direct all comments and inquiries on the agenda in 
general to Neil R. Eisner, Assistant General Counsel for Regulation 
and Enforcement, Department of Transportation, 1200 New Jersey 
Avenue SE., Washington, DC 20590, (202) 366-4723.

Specific

     You should direct all comments and inquiries on particular 
items in the agenda to the individual listed for the regulation or 
the general rulemaking contact person for the operating 
administration in Appendix B. Individuals who use a 
telecommunications device for the deaf (TDD) may call (202) 755-
7687.

Table of Contents

 Supplementary Information:
Background
Significant/Priority Rulemakings
Explanation of Information on the Agenda
Request for Comments
Purpose
Appendix A-Instructions for Obtaining Copies of Regulatory Documents
Appendix B-General Rulemaking Contact Persons
Appendix C-Public Rulemaking Dockets
Appendix D-Review Plans for Section 610 and Other Requirements Agenda

SUPPLEMENTARY INFORMATION: 

Background

     Improvement of our regulations is a prime goal of the 
Department of Transportation (Department or DOT). There should be 
no more regulations than necessary, and those that are issued 
should be simpler, more comprehensible, and less burdensome. 
Regulations should not be issued without appropriate involvement of 
the public; once issued, they should be periodically reviewed and 
revised, as needed, to assure that they continue to meet the needs 
for which they originally were designed. To view additional 
information about the Department of Transportation's regulatory 
activities online, go to https://regs.dot.gov.

     To help the Department achieve these goals and in accordance 
with Executive Order 12866 ``Regulatory Planning and Review'' (58 
FR 51735; October 4, 1993) and the Department's Regulatory Policies 
and Procedures (44 FR 11034; February 26, 1979), the Department 
prepares a semiannual regulatory agenda. It summarizes all current 
and projected rulemaking, reviews of existing regulations, and 
completed actions of the Department. These are matters on which 
action has begun or is projected during the succeeding 12 months or 
such longer period as may be anticipated or for which action has 
been completed since the last agenda.

     The agendas are based on reports submitted by the offices 
initiating the rulemaking and are reviewed by the Department 
Regulations Council. The Department's last agenda was published in 
the Federal Register on November 24, 2008 (73 FR 71402). The next 
one is scheduled for publication in the Federal Register in October 
2009.

     The Internet is the basic means for disseminating the Unified 
Agenda. The complete Unified Agenda is available online at 
www.reginfo.gov, in a format that offers users a greatly enhanced 
ability to obtain information from the Agenda database.

     Because publication in the Federal Register is mandated for 
the regulatory flexibility agendas required by the Regulatory 
Flexibility Act (5 U.S.C. 602), DOT's printed agenda entries 
include only:

1. The Agency's agenda preamble;

2. Rules that are in the Agency's regulatory flexibility agenda, in 
accordance with the Regulatory Flexibility Act, because they are likely 
to have a significant economic impact on a substantial number of small 
entities; and

3. Any rules that the Agency has identified for periodic review under 
section 610 of the Regulatory Flexibility Act.

     Printing of these entries is limited to fields that contain 
information required by the Regulatory Flexibility Act's Agenda 
requirements. These elements are: Sequence Number; Title; Section 
610 Review, if applicable; Legal Authority; Abstract; Timetable; 
Regulatory Flexibility Analysis Required; Agency Contact; and 
Regulation Identifier Number (RIN). Additional information (for 
detailed list see section heading ``Explanation of Information on 
the Agenda'') on these entries is available in the Unified Agenda 
published on the Internet.

Significant/Priority Rulemakings

     The agenda covers all rules and regulations of the Department. 
We have classified rules as a DOT agency priority in the agenda if 
they are, essentially, very costly, controversial, or of 
substantial public interest under our Regulatory Policies and 
Procedures. All DOT agency priority rulemaking documents are 
subject to review by the Secretary of Transportation. If the Office 
of Management and Budget (OMB) decides a rule is subject to its 
review under Executive Order 12866, we have classified it as 
significant in the agenda.

Explanation of Information on the Agenda

     The format for this agenda is required by a spring 2009 
memorandum from the Office of Management and Budget.

     First, the agenda is divided by initiating offices. Then, the 
agenda is

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divided into five categories: (1) Prerule stage, (2) proposed rule 
stage, (3) final rule stage, (4) long-term actions, and (5) 
completed actions. For each entry, the agenda provides the 
following information: (1) Its ``significance''; (2) a short 
descriptive title; (3) its legal basis; (4) the related regulatory 
citation in the Code of Federal Regulations; (5) any legal deadline 
and, if so, for what action (e.g., NPRM, final rule); (6) an 
abstract; (7) a timetable, including the earliest expected date for 
a decision on whether to take the action; (8) whether the 
rulemaking will affect small entities and/or levels of government 
and, if so, which categories; (9) whether a Regulatory Flexibility 
Act (RFA) analysis is required (for rules that would have a 
significant economic impact on a substantial number of small 
entities); (10) a listing of any analyses an office will prepare or 
has prepared for the action (With minor exceptions, DOT requires an 
economic analysis for all its rulemakings.); (11) an agency contact 
office or official who can provide further information; (12) a 
Regulation Identifier Number (RIN) assigned to identify an 
individual rulemaking in the agenda and facilitate tracing further 
action on the issue; (13) whether the action is subject to the 
Unfunded Mandates Reform Act; (14) whether the action is subject to 
the Energy Act; and (15) whether the action is major under the 
congressional review provisions of the Small Business Regulatory 
Enforcement Fairness Act. If there is information that does not fit 
in the other categories, it will be included under a separate 
heading entitled ``Additional Information.''

     For nonsignificant regulations issued routinely and frequently 
as a part of an established body of technical requirements (such as 
the Federal Aviation Administration's Airspace Rules), to keep 
those requirements operationally current, we only include the 
general category of the regulations, the identity of a contact 
office or official, and an indication of the expected number of 
regulations; we do not list individual regulations.

     In the ``Timetable'' column, we use abbreviations to indicate 
the particular documents being considered. ANPRM stands for Advance 
Notice of Proposed Rulemaking, SNPRM for Supplemental Notice of 
Proposed Rulemaking, and NPRM for Notice of Proposed Rulemaking. 
Listing a future date in this column does not mean we have made a 
decision to issue a document; it is the earliest date on which we 
expect to make a decision on whether to issue it. In addition, 
these dates are based on current schedules. Information received 
subsequent to the issuance of this agenda could result in a 
decision not to take regulatory action or in changes to proposed 
publication dates. For example, the need for further evaluation 
could result in a later publication date; evidence of a greater 
need for the regulation could result in an earlier publication 
date.

     Finally, a dot () preceding an entry indicates that 
the entry appears in the agenda for the first time.

Request for Comments
General

     Our agenda is intended primarily for the use of the public. 
Since its inception, we have made modifications and refinements 
that we believe provide the public with more helpful information, 
as well as make the agenda easier to use. We would like you, the 
public, to make suggestions or comments on how the agenda could be 
further improved.

Reviews

     We also seek your suggestions on which of our existing 
regulations you believe need to be reviewed to determine whether 
they should be revised or revoked. We particularly draw your 
attention to the Department's review plan in Appendix D.

Regulatory Flexibility Act

     The Department is especially interested in obtaining 
information on requirements that have a ``significant economic 
impact on a substantial number of small entities'' and, therefore, 
must be reviewed under the Regulatory Flexibility Act. If you have 
any suggested regulations, please submit them to us, along with 
your explanation of why they should be reviewed.

     In accordance with the Regulatory Flexibility Act, comments 
are specifically invited on regulations that we have targeted for 
review under section 610 of the Act. The phrase (Section 610 
Review) appears at the end of the title for these reviews. Please 
see Appendix D for the Department's section 610 review plans.

Federalism

     Executive Order 13132 requires us to develop an accountable 
process to ensure ``meaningful and timely input by State and local 
officials in the development of regulatory policies that have 
federalism implications.'' ``Policies that have federalism 
implications'' are defined in the Executive order to include 
regulations that have substantial direct effects on the States, on 
the relationship between the National Government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Therefore, we encourage State and local 
governments to provide us with information about how the 
Department's rulemakings impact them.

Purpose

     The Department is publishing this regulatory agenda in the 
Federal Register to share with interested members of the public the 
Department's preliminary expectations regarding its future 
regulatory actions. This should enable the public to be more aware 
of the Department's regulatory activity and should result in more 
effective public participation. This publication in the Federal 
Register does not impose any binding obligation on the Department 
or any of the offices within the Department with regard to any 
specific item on the agenda. Regulatory action, in addition to the 
items listed, is not precluded.

Dated: March 25, 2009.

 Ray LaHood,

Secretary of Transportation.
Appendix A--Instructions for Obtaining Copies of Regulatory Documents

     To obtain a copy of a specific regulatory document in the 
agenda, you should communicate directly with the contact person 
listed with the regulation at the address below. We note that most 
if not all such documents, including the semiannual agenda, are 
available through the Internet at https://www.regulations.gov. See 
Appendix C for more information.

Federal Highway Administration (FHWA)

    (Name of contact person), Federal Highway Administration, 1200 
New Jersey Avenue SE., Washington, DC 20590.

Federal Motor Carrier Safety Administration (FMCSA)

    LaKisha Pearson, Federal Motor Carrier Safety Administration, 
1200

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New Jersey Avenue SE., Washington, DC 20590.

Federal Railroad Administration (FRA)

    Michelle Silva, Docket Clerk, Federal Railroad Administration, 
1200 New Jersey Avenue SE., Room W31-109, Washington, DC 20590; 
telephone (202) 493-6030.

National Highway Traffic Safety Administration (NHTSA)

    (Name of contact person), National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590.

Federal Transit Administration (FTA)

    (Name of contact person), Federal Transit Administration, 1200 
New Jersey Avenue SE., Washington, DC 20590.

Saint Lawrence Seaway Development Corporation (SLSDC)

    (Name of contact person), Saint Lawrence Seaway Development 
Corporation, 1200 New Jersey Avenue SE., Washington, DC 20590.

Pipeline and Hazardous Materials Safety Administration (PHMSA)

    (Name of contact person), Pipeline and Hazardous Materials 
Safety Administration (PHMSA), 1200 New Jersey Avenue SE., 
Washington, DC 20590.

Maritime Administration (MARAD)

    Kimberly Lewis, Maritime Administration, 1200 New Jersey Avenue 
SE., Washington, DC 20590, (202) 366-5158.

The Research and Innovative Technology Administration (RITA)

    (Name of contact person), The Research and Innovative 
Technology Administration (RITA),1200 New Jersey Avenue SE., 
Washington, DC 20590.

Federal Aviation Administration (FAA)

     To obtain a copy of a specific Federal Aviation Administration 
(FAA) regulatory document in the agenda, you should communicate 
directly with the contact person listed with the regulation at the 
address or telephone number listed; access the FAA's Regulations 
and Policies web page at https://www.faa. gov/regulations--policies/
; call (202) 267-9680; or write to us at Federal Aviation 
Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591.

Office of the Secretary (OST)

     To obtain a copy of a specific regulatory document or to 
receive future copies of the Department's regulatory agenda write 
to: Assistant General Counsel for Regulation and Enforcement, C-50, 
Office of the General Counsel, Department of Transportation, 1200 
New Jersey Avenue SE., Washington, DC 20590, (202) 366-4723.

Appendix B--General Rulemaking Contact Persons

     The following is a list of persons who can be contacted within 
the Department for general information concerning the rulemaking 
process within the various operating administrations.

    FAA - Rebecca MacPherson, Office of Chief Counsel, Regulations 
and Enforcement Division, 800 Independence Avenue SW., Room 915A, 
Washington, DC 20591; telephone (202) 267-3073.

    FHWA - Jennifer Outhouse, Office of Chief Counsel, 1200 New 
Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-0761.

    FMCSA - Steven J. LaFreviere, Regulatory Ombudsman, 1200 New 
Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-0596.

    NHTSA - Steve Wood, Office of Chief Counsel, 1200 New Jersey 
Avenue SE., Washington, DC 20590; telephone (202) 366-2992.

    FRA - Kathryn Shelton, Office of Chief Counsel, 1200 New Jersey 
Avenue SE., Room W31-214, Washington, DC 20590; telephone (202) 
493-6063.

    FTA - Linda Lasley, Office of Chief Counsel, 1200 New Jersey 
Avenue SE., Room E56-202, Washington, DC 20590; telephone (202) 
366-4063.

    SLSDC - Carrie Mann Lavigne, Chief Counsel, 1200 New Jersey 
Avenue SE., Washington, DC 20590; telephone (202) 366-0091.

    PHMSA - Patricia Burke, Office of Chief Counsel, 1200 New 
Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-4400.

    MARAD - Christine Gurland, Office of Chief Counsel, Maritime 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590; 
telephone (202) 366-5157.

    RITA - Robert Monniere, Office of Chief Counsel, 1200 New 
Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-5498.

    OST - Neil Eisner, Office of Regulation and Enforcement, 1200 
New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-
4723.

Appendix C--Public Rulemaking Dockets

     All comments via the Internet are submitted through the 
Federal Docket Management System (FDMS) at the following address: 
https://www. regulations.gov. The FDMS allows the public to search, 
view, download, and comment on all Federal agency rulemaking 
documents in one central online system. The above referenced 
Internet address also allows the public to sign up to receive 
notification when certain documents are placed in the dockets.

     The public also may review regulatory dockets at, or deliver 
comments on proposed rulemakings to, the Dockets Office at 1200 New 
Jersey Avenue SE., Room W12-140, Washington, DC 20590, 1-800-647-
5527. Working Hours: 9-5.

Appendix D--Review Plans for Section 610 and Other Requirements
Part I--The Plan
General

     The Department of Transportation has long recognized the 
importance of regularly reviewing its existing regulations to 
determine whether they need to be revised or revoked. Our 1979 
Regulatory Policies and Procedures require such reviews. We also 
have responsibilities under Executive Order 12866 ``Regulatory 
Planning and Review'' and section 610 of the Regulatory Flexibility 
Act to conduct such reviews. This includes the use of plain 
language techniques in new rules and considering its use in 
existing rules when we have the opportunity and resources permit 
its use. We are committed to continuing our reviews of existing 
rules and, if needed, will initiate rulemaking actions based on 
these reviews.

Section 610 Review Plan

     Section 610 requires that we conduct reviews of rules that (1) 
have been published within the last 10 years and (2) have a 
``significant economic impact on a substantial number of small 
entities'' (SEIOSNOSE). It also requires that we publish in the 
Federal Register each year a list of any such rules that we will 
review during the next year. The Office of the Secretary and each 
of the Department's Operating

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Administrations have a 10-year review plan. These reviews comply 
with section 610 of the Regulatory Flexibility Act.

Other Review Plan(s)

     All elements of the Department, except for the Federal 
Aviation Administration (FAA), have also elected to use this 10-
year plan process to comply with the review requirements of the 
Department's Regulatory Policies and Procedures and Executive Order 
12866.

Changes to the Review Plan

     Some reviews may be conducted earlier than scheduled. For 
example, to the extent resources permit, the plain language reviews 
will be conducted more quickly. Other events, such as accidents, 
may result in the need to conduct earlier reviews of some rules. 
Other factors may also result in the need to make changes; for 
example, we may make changes in response to public comment on this 
plan or in response to a Presidentially mandated review. If there 
is any change to the review plan, we will note the change in the 
following agenda. For any section 610 review, we will provide the 
required notice prior to the review.

Part II--The Review Process
The Analysis

     Generally, the agencies have divided their rules into 10 
different groups and plan to analyze one group each year. For 
purposes of these reviews, a year will coincide with the fall-to-
fall schedule for publication of the agenda. Thus, Year 1 (2008) 
begins in the fall of 2008 and ends in the fall of 2009; Year 2 
(2009) begins in the fall of 2009 and ends in the fall of 2010; and 
so on. We request public comment on the timing of the reviews. For 
example, is there a reason for scheduling an analysis and review 
for a particular rule earlier than we have? Any comments concerning 
the plan or particular analyses should be submitted to the 
regulatory contacts listed in Appendix B, General Rulemaking 
Contact Persons.

Section 610 Review

     The Agency will analyze each of the rules in a given year's 
group to determine whether any rule has a SEIOSNOSE and, thus, 
requires review in accordance with section 610 of the Regulatory 
Flexibility Act. The level of analysis will, of course, depend on 
the nature of the rule and its applicability. Publication of 
agencies' section 610 analyses listed each fall in this agenda 
provides the public with notice and an opportunity to comment 
consistent with the requirements of the Regulatory Flexibility Act. 
We request that public comments be submitted to us early in the 
analysis year concerning the small entity impact of the rules to 
help us in making our determinations.

     In each fall agenda, the agency will publish the results of 
the analyses it has completed during the previous year. For rules 
that had a negative finding on SEIOSNOSE, we will give a short 
explanation (e.g., ``these rules only establish petition processes 
that have no cost impact'' or ``these rules do not apply to any 
small entities''). For parts, subparts, or other discrete sections 
of rules that do have a SEIOSNOSE, we will announce that we will be 
conducting a formal section 610 review during the following 12 
months. At this stage, we will add an entry to the Agenda in the 
prerulemaking section describing the review in more detail. We also 
will seek public comment on how best to lessen the impact of these 
rules and provide a name or docket to which public comments can be 
submitted. In some cases, the section 610 review may be part of 
another unrelated review of the rule. In such a case, we plan to 
clearly indicate which parts of the review are being conducted 
under section 610.

Other Reviews

     The Agency will also examine the specified rules to determine 
whether any other reasons exist for revising or revoking the rule 
or for rewriting the rule in plain language. In each fall agenda, 
the Agency will also publish information on the results of the 
examinations completed during the previous year.

     The FAA, in addition to reviewing its rules in accordance with 
the Section 610 Review Plan, has established a Tri-annual process 
to comply with the review requirements of the Department's 
Regulatory Policies and Procedures, Executive Order 12866, and 
Plain Language Review Plan. The FAA's latest review notice was 
published November 15, 2007 (72 FR 64170). In that notice, the FAA 
requested comments from the public to identify those regulations 
currently in effect that it should amend, remove, or simplify. The 
FAA also requested the public provide any specific suggestions 
where rules could be developed as performance-based rather than 
prescriptive, and any specific plain-language that might be used, 
and provide suggested language on how those rules should be 
written. The FAA will review the issues addressed by the commenters 
against its regulatory agenda and rulemaking program efforts and 
adjust its regulatory priorities consistent with its statutory 
responsibilities. At the end of this process, the FAA will publish 
a summary and general disposition of comments and indicate, where 
appropriate, how it will adjust its regulatory priorities.

Part III-- List of Pending Section 610 Reviews

     The Agenda identifies the pending DOT Section 610 Reviews by 
inserting (Section 610 Review) after the title for the specific 
entry. For further information on the pending reviews, see the 
agenda entries at www.reginfo.gov. For example, to obtain a list of 
all entries that are Section 610 Reviews under the Regulatory 
Flexibility Act, a user would select the desired responses on the 
search screen (by selecting advanced search) and, in effect, 
generate the desired ``index'' of reviews.

                                             OFFICE OF THE SECRETARY
                                          SECTION 610 AND OTHER REVIEWS
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                                                                                        Analysis
   Year                            Regulations To Be Reviewed                             Year       Review Year
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1           49 CFR parts 91 through 99 and 14 CFR parts 200 through 212.............          2008          2009
2           48 CFR parts 1201 through 1253, and new parts and subparts..............          2009          2010
3           14 CFR parts 213 through 232............................................          2010          2011
4           14 CFR parts 234 through 254............................................          2011          2012

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5           14 CFR parts 255 through 298 and 49 CFR part 40.........................          2012          2013
6           14 CFR parts 300 through 373............................................          2013          2014
7           14 CFR parts 374 through 398............................................          2014          2015
8           14 CFR part 399 and 49 CFR parts 1 through 11...........................          2015          2016
9           49 CFR parts 17 through 28..............................................          2016          2017
10          49 CFR parts 29 through 39 and parts 41 through 89......................          2017          2018
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Year 1 (fall 2008) List of rules that will be analyzed during the next 
year
49 CFR part 91 - International Air Transportation Fair Competitive 
Practices
49 CFR part 92 - Recovering Debts to the United States by Salary Offset
49 CFR part 93 - Aircraft Allocation
49 CFR part 95 - Advisory Committees
49 CFR part 98 - Enforcement of Restrictions on Post-Employment 
Activities
49 CFR part 99 - Employee Responsibilities and Conduct
14 CFR part 200 - Definitions and Instructions
14 CFR part 201 - Air carrier authority under subtitle VII of title 49 
of The United States Code [Amended]
14 CFR part 203 - Waiver of Warsaw Convention liability limits and 
defenses
14 CFR part 204 - Data to support fitness determinations
14 CFR part 205 - Aircraft accident liability insurance
14 CFR part 206 - Certificates of public convenience and necessity: 
Special authorizations and exemptions
14 CFR part 207 - Charter trips by U.S. scheduled air carriers
14 CFR part 208 - Charter trips by U.S. charter air carriers
14 CFR part 211 - Applications for permits to foreign air carriers
14 CFR part 212 - Charter rules for U.S. and foreign direct air 
carriers

                                         FEDERAL AVIATION ADMINISTRATION
                                             SECTION 610 REVIEW PLAN
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations to be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
1           14 CFR parts 119 through 129 and parts 150 through 156..................          2008          2009
2           14 CFR parts 133 through 139 and parts 157 through 169..................          2009          2010
3           14 CFR parts 141 through 147 and parts 170 through 187..................          2010          2011
4           14 CFR parts 189 through 198 and parts 1 through 16.....................          2011          2012
5           14 CFR parts 17 through 33..............................................          2012          2013
6           14 CFR parts 34 through 39 and parts 400 through 405....................          2013          2014
7           14 CFR parts 43 through 49 and parts 406 through 415....................          2014          2015
8           14 CFR parts 60 through 77..............................................          2015          2016
9           14 CFR parts 91 through 105.............................................          2016          2017
10          14 CFR parts 417 through 460............................................          2017          2018
----------------------------------------------------------------------------------------------------------------


 The FAA has elected to use the two-step, 2-year process used by most 
DOT modes in past plans. As such, the FAA has divided its rules into 10 
groups as displayed in the table above. During the first year (the 
``analysis year''), all rules published during the previous 10 years 
within a 10 percent block of the regulations will be analyzed to 
identify those with a SEIOSNOSE. During the second year (the ``review 
year''), each rule identified in the analysis year as having a SEIONOSE 
will be reviewed in accordance with section 610 (b) to determine if it 
should be continued without change or changed to minimize impact on 
small entities. Results of those reviews will be published in the DOT 
semiannual regulatory agenda.
Year 10 (fall 2007) List of rules analyzed and summary of the results
14 CFR part 91 - General Operating and Flight Rules
Section 610: The agency has conducted a 610 Review for this part and 
found three Amendments with SEIOSNOSE.
Amendment No. 91-203
 Amendment No. 91-203, pursuant to two legislative mandates, 
established requirements for an aircraft to have an operating 
transponder (basic transponder or Mode S transponder) with automatic 
altitude reporting equipment (Mode C transponder) when operating in the 
vicinity of certain primary airports for which a terminal radar 
approach control service area had been established and in other 
airspace at and above 10,000 feet mean sea level. The Airport and 
Airway Safety and Capacity Expansion Act of 1987 (Pub. L. 100-223, Dec. 
30, 1987) required the FAA to issue regulations requiring the use of a 
transponder with Mode C capability in terminal airspace above a minimum 
altitude

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to be determined by the FAA. These revisions were intended to reduce 
the potential for midair collisions between aircraft under the control 
of air traffic control (ATC) and those that chose to operate without 
ATC assistance.

    Original FAA finding: Initially, the FAA found that this 
amendment would not have a SEIOSNOSE. However, during the NPRM 
phase of this rulemaking, the FAA received numerous comments 
suggesting that the proposed rules would significantly impact small 
businesses. The FAA received many comments from private airports, 
state aviation organizations, and private trade associations that 
indicated there would be a significant economic impact to private 
and public airports, as well as fixed based operators at those 
airports. Comments from businesses engaged in aerial agriculture 
and pest control, as well as aerial advertising, indicated that the 
proposed rules would have significant economic impact on these 
businesses also. Therefore, the FAA reconsidered its finding and 
agreed that the comments indicated that there would be a SEIOSNOSE.

     To mitigate the impact on small entities, the FAA considered 
three alternative approaches to this rulemaking: (1) Delay 
implementation for a longer period; (2) establish different 
standards for small entities; and (3) design the airspace to 
minimize the impact. The FAA rejected the second and third 
approaches because it found them to be contrary to the legislative 
mandates, inequitable, and would result in a diminished safety 
benefit. The FAA recognized the economic benefit in delaying the 
implementation of this amendment for a longer period of time to 
allow for an increase in the supply of the required avionics that 
should lower the cost of this equipment. However, the FAA stated 
that the safety need was so great that it was necessary to move 
forward with the regulations. Therefore, instead of completely 
delaying the implementation date, the FAA implemented the 
regulations in two phases over a period of 18 months.

     Finding of this 5 U.S.C. section 610 analysis and review: 
Although the FAA attempted to mitigate the economic impact on small 
entities by delaying the implementation period, compliance with the 
amendment still imposes a SEIOSNOSE. Therefore, based on this 
periodic analysis of the current impact of amendment No. 91-203 on 
small entities, there continues to be a SEIOSNOSE. No changes are 
needed because these regulations are mandated by statute and impose 
the least burden.

    Amendment No. 91-263

     Amendment No. 91-263 required that certain airplanes be 
equipped with an FAAapproved terrain awareness and warning system 
(TAWS) (also referred to as an enhanced ground proximity warning 
system). It is an operating rule that affects all U.S.-registered 
turbine-powered airplanes with six or more passenger seats 
(exclusive of pilot and copilot seating). The rule promotes safety 
by increasing the warning times and situational awareness of flight 
crews to decrease the risk of controlled flight into terrain 
accidents.

     Original FAA finding: The FAA determined that this amendment 
would have a SEIOSNOSE. The FAA noted that the types of entities 
potentially affected by this rule would include manufacturers of 
transport category airplanes, manufacturers of ground proximity 
warning equipment, scheduled air carriers, and nonscheduled air 
carriers. The small entities that operate under part 91 that were 
expected to be impacted by this rule would include corporate, 
business, personal, instruction, aerial application, and local 
governments. The FAA estimated that the fleet of aircraft to which 
the rule would apply would be approximately 6,000 turbojets and 
6,000 turboprops. The small entities associated with this size 
fleet constituted a substantial number and the cost impact was 
considered to be potentially significant. Therefore, the FAA took 
measures to mitigate the economic impact on small entities.

     The FAA made efforts to reduce the impact on these potentially 
affected small entities by requiring a substantially less expensive 
and easier to install TAWS for part 91 operators. The FAA 
determined that there are two classes of TAWS equipment that can 
provide the desired level of safety: Class A, which includes a 
terrain situational awareness display, and Class B, which includes 
only the basic TAWS safety features. The FAA allowed part 91 
operators to achieve the desired safety levels by installing the 
less expensive Class B TAWS equipment. This approach significantly 
reduced the cost of compliance to small entities, and still met the 
rule's safety goals.

     Finding of this 5 U.S.C. section 610 analysis and review: 
Although the FAA attempted to reduce the impact on the potentially 
affected small entities by requiring a substantially less expensive 
and easier to install TAWS for part 91 operators, compliance with 
the amendment still imposes a SEIOSNOSE. Therefore, based on this 
periodic analysis of the current impact of amendment No. 91-263 on 
small entities, there continues to be a SEIOSNOSE. The benefits 
justify their costs and the regulations impose the least burden 
while still meeting the rule's safety goals.

    Amendment No. 91-276 (Reduced Vertical Separation Minimum in 
Domestic United States Airspace)

     Amendment No. 91-276, Reduced Vertical Separation Minimum in 
Domestic United States Airspace, expanded Reduced Vertical 
Separation Minimum (RVSM) operations to aircraft operating between 
29,000 and 41,000 feet in the airspace of the contiguous 48 States 
of the United States and the District of Columbia, Alaska, that 
portion of the Gulf of Mexico where the FAA provides air traffic 
services, the San Juan Flight Information Region (FIR), and the 
airspace between Florida and the San Juan FIR. The amendment also 
required any aircraft that is equipped with TCAS II and flown in 
RVSM airspace to incorporate a version of TCAS II software that is 
compatible with RVSM operations. The goals of this amendment were 
to assist aircraft operators to save fuel and time, to enhance air 
traffic control flexibility, and to enhance airspace capacity.

     Original FAA finding: The FAA initially determined that this 
amendment would have a SEIOSNOSE. The FAA found through analysis 
that approximately 380 small operators would be significantly 
impacted by this amendment. These small operators were expected to 
experience some disadvantages relative to large transport carriers, 
such as less flexibility for rotating their fleets through the RVSM 
approval process without a disruption in service, or suffering a 
significant fuel penalty by continuing to operate below 29,000 feet 
if electing to not upgrade or to delay aircraft upgrade plans.

[[Page 21976]]

 Therefore, the FAA considered alternatives to mitigate the 
economic impact on these small entities.

     To reduce this economic impact, the FAA considered several 
alternative approaches to this rulemaking, including not enforcing 
the rule on small entities. Under this scenario, small operators 
would avoid $285.5 million in upgrade costs and downtime costs, but 
safety would be compromised as a result of some 2,400 non-approved 
aircraft operating in the RVSM stratum. Therefore, the FAA rejected 
this alternative. The FAA also considered a phased implementation 
of RVSM alternative to give small entities greater flexibility. It 
considered implementation of RVSM for a smaller band such as 33,000 
to 37,000 feet with eventual expansion to the full RVSM envelope of 
29,000 to 41,000 feet. This alternative was rejected on the basis 
of simulations that revealed system safety and airspace management 
were negatively impacted when RVSM was applied in any altitude band 
other than 29,000 to 41,000 feet. In addition, controller workload, 
the potential for controller error, and operational complexity all 
increased. The FAA rejected this alternative in favor of the rule, 
as well. The FAA concluded that the final rule represented the best 
balance of costs and benefits for airspace users and air traffic 
providers without a reduction in aviation safety.

     Finding of this 5 U.S.C. section 610 analysis and review: 
Since promulgation of this rule, circumstances have remained such 
that there is a continued need for the rule as implemented. Small 
entities retain the option of not upgrading their equipment to take 
advantage of RVSM operations and continuing to operate below 29,000 
feet if they feel this is more to their advantage. However, based 
on this periodic analysis of the current impact of amendment No. 
91-276, Reduced Vertical Separation Minimum in Domestic United 
States Airspace, on small entities, there continues to be a 
SEIOSNOSE. The FAA concludes that the final rule represents the 
best balance of costs and benefits for airspace users and air 
traffic providers without a reduction in aviation safety.

                                         FEDERAL HIGHWAY ADMINISTRATION
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                         Analysis
   Year                             Regulations To Be Reviewed                            Year       Review Year
----------------------------------------------------------------------------------------------------------------
1           None....................................................................          2008          2009
2           23 CFR parts 1 through 260..............................................          2009          2010
3           23 CFR parts 420 through 470............................................          2010          2011
4           23 CFR part 500.........................................................          2011          2012
5           23 CFR parts 620 through 637............................................          2012          2013
6           23 CFR parts 645 through 669............................................          2013          2014
7           23 CFR parts 710 through 924............................................          2014          2015
8           23 CFR parts 940 through 973............................................          2015          2016
9           23 CFR parts 1200 through 1252..........................................          2016          2017
10          New parts and subparts..................................................          2017          2018
----------------------------------------------------------------------------------------------------------------

Federal-Aid Highway Program
 The FHWA has adopted regulations in title 23 of the CFR, chapter I, 
related to the Federal-Aid Highway Program. These regulations implement 
and carry out the provisions of Federal law relating to the 
administration of Federal aid for highways. The primary law authorizing 
Federal aid for highways is chapter I of title 23 of the U.S.C. Section 
145 of title 23 expressly provides for a federally assisted State 
program. For this reason, the regulations adopted by the FHWA in title 
23 of the CFR primarily relate to the requirements that States must 
meet to receive Federal funds for the construction and other work 
related to highways. Because the regulations in title 23 primarily 
relate to States, which are not defined as small entities under the 
Regulatory Flexibility Act, the FHWA believes that its regulations in 
title 23 do not have a significant economic impact on a substantial 
number of small entities. The FHWA solicits public comment on this 
preliminary conclusion.

                                   FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations To Be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
1           49 CFR parts 372, subpart A, and 381....................................          2008          2009
2           49 CFR parts 386, 389, and 395..........................................          2009          2010
3           49 CFR parts 325, 388, 350, and 355.....................................          2010          2011
4           49 CFR parts 380 and 382 to 385.........................................          2011          2012
5           49 CFR parts 390 to 393 and 396 to 399..................................          2012          2013
6           49 CFR parts 356, 367, 369 to 371, 372, subparts B-C....................          2013          2014
7           49 CFR parts 373, 374, 376, and 379.....................................          2014          2015
8           49 CFR parts 360, 365, 366, and 368.....................................          2015          2016
9           49 CFR parts 377, 378, and 387..........................................          2016          2017
10          49 CFR parts 303, 375, and new parts and subparts.......................          2017          2018
----------------------------------------------------------------------------------------------------------------


[[Page 21977]]

Year 1 (fall 2008) List of rules that will be analyzed during the next 
year
49 CFR part 372, subpart A - Exemptions
49 CFR part 381 - Waivers, exemptions, and pilot programs
Year 10 (fall 2007) List of rules analyzed and a summary of results
49 CFR part 375 - Transportation of Household Goods in Interstate 
Commerce; Consumer Protection regulations
 Section 610: An ongoing review of the regulations indicates 
there is a SEIONOSE. This part applies to small household goods firms 
that are engaged in interstate operations.
 General: The Agency will assess the need for changes once the 
review of these regulations is complete. FMCSA's plain language review 
of these regulations indicates no need for substantial revision.
49 CFR part 395 - Hours of Service of Drivers

                                 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations To Be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
1           49 CFR 571.223 through 571.500, and parts 575 and 579...................          2008          2009
2           23 CFR parts 1200 and 1300..............................................          2009          2010
3           49 CFR parts 501 through 526 and 571.213................................          2010          2011
4           49 CFR 571.131, 571.217, 571.220, 571.221, and 571.222..................          2011          2012
5           49 CFR 571.101 through 571.110, and 571.135, 571.138 and 571.139........          2012          2013
6           49 CFR parts 529 through 578, except parts 571 and 575..................          2013          2014
7           49 CFR 571.111 through 571.129 and parts 580 through 588................          2014          2015
8           49 CFR 571.201 through 571.212..........................................          2015          2016
9           49 CFR 571.214 through 571.219, except 571.217..........................          2016          2017
10          49 CFR parts 591 through 595 and new parts and subparts.................          2017          2018
----------------------------------------------------------------------------------------------------------------

Year 1 (fall 2008) List of rules that will be analyzed during the next 
year
49 CFR part 571.223 - Standard No. 223; Rear impact guards
49 CFR part 571.224 - Standard No. 224; Rear impact protection
49 CFR part 571.225 - Standard No. 225; Child restraint anchorage 
systems
49 CFR part 571.301 - Standard No. 301; Fuel system integrity
49 CFR part 571.302 - Standard No. 302; Flammability of interior 
materials
49 CFR part 571.303 - Standard No. 303; Fuel system integrity of 
compressed natural gas vehicles
49 CFR part 571.304 - Standard No. 304; Compressed natural gas fuel 
container integrity
49 CFR part 571.305 - Standard No. 305; Electric-powered vehicles: 
electrolyte spillage and electrical shock protection
49 CFR part 571.401 - Standard No. 401; Interior trunk release
49 CFR part 571.403 - Standard No. 403; Platform lift systems for motor 
vehicles
49 CFR part 571.404 - Standard No. 404; Platform lift installations in 
motor vehicles
49 CFR part 571.500 - Standard No. 500; Low-speed vehicles
49 CFR part 575 - Consumer information
49 CFR part 579 - Reporting of Information And Communications About 
Potential Defects
Plan for Evaluating the Effectiveness of Vehicle and Behavioral 
Programs, 2008-2012
 In addition to reviewing its rules in accordance with the Section 610 
Review Plan, NHTSA issued an Evaluation Program Plan, 2008-2012, on 
August 21, 2008. This document describes the Office of Regulatory 
Analysis and Evaluation's ongoing and planned evaluations of existing 
Federal Motor Vehicle Safety Standards and other vehicle-safety, 
behavioral-safety and consumer programs. It also summarizes the results 
of completed program evaluations. On August 29, 2008, NHTSA also issued 
a notice in the Federal Register (page 51045) inviting public comment 
on the plan. You may review this plan at https://www-nrd.nhtsa.dot.gov/
Pubs/810983.PDF. You may review the Federal Register notice at https://
edocket.access.gpo.gov/2008/pdf/E8-20061.pdf or in HTML format at 
https://edocket.access.gpo.gov/2008/E8-20061.htm.

                                         FEDERAL RAILROAD ADMINISTRATION
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                         Analysis
   Year                             Regulations To Be Reviewed                            Year       Review Year
----------------------------------------------------------------------------------------------------------------
1            49 CFR parts 200 and 201...............................................          2008          2009
2            49 CFR parts 207, 209, 211, 215, 238, and 256..........................          2009          2010
3            49 CFR parts 210, 212, 214, 217, and 268...............................          2010          2011
4            49 CFR part 219........................................................          2011          2012
5            49 CFR parts 218, 221, 241, and 244....................................          2012          2013
6            49 CFR parts 216, 228, and 229.........................................          2013          2014
7            49 CFR parts 223 and 233...............................................          2014          2015

[[Page 21978]]

 
8            49 CFR parts 224, 225, 231, and 234....................................          2015          2016
9            49 CFR parts 222, 227, 235, 236, 250, 260, and 266.....................          2016          2017
10           49 CFR parts 213, 220, 230, 232, 239, 240, and 265.....................          2017          2018
----------------------------------------------------------------------------------------------------------------

Year 10 (fall 2007) List of rules analyzed and a summary of results
49 CFR part 213 - Track Safety Standards
 Section 610: There is a SEIOSNOSE. These are minimum safety 
requirements for railroad track that is part of the general railroad 
system of transportation. The FRA will conduct a formal review to 
identify whether opportunities may exist to reduce the burden on small 
railroads without compromising safety standards.
 Plain Language: FRA's plain language review of this rule 
indicates no need for substantial revision.
 General: Since the rule prescribes minimum safety requirements 
for railroad track that is part of the general railroad system of 
transportation, it will enhance the safety of rail transportation, 
protecting both those traveling and working on the system and those off 
the system who might be adversely affected by a rail incident.
49 CFR part 220 - Railroad Communications
 Section 610: There is a SEIOSNOSE. These are minimum 
requirements governing the use of wireless communications in connection 
with railroad operations. The FRA will conduct a formal review to 
identify whether opportunities may exist to reduce the burden on small 
railroads without compromising safety standards.
 Plain Language: FRA's plain language review of this rule 
indicates no need for substantial revision.
 General: Since the rule prescribes minimum requirements 
governing the use of wireless communications in connection with 
railroad operations, uniform standard communications procedures and 
requirements throughout the railroad industry are necessary to ensure 
the protection and safety of railroad employees and general public, and 
to minimize the number of casualties.
49 CFR part 230 - Steam Locomotive Inspection and Maintenance Standards
 Section 610: There is no SEIOSNOSE.
 Plain Language: FRA's plain language review of this rule 
indicates no need for substantial revision.
 General: Since the rule prescribes minimum Federal safety 
standards of inspection and maintenance for all steam locomotives 
operated on railroads, these requirements are necessary to ensure the 
protection and safety of railroad employees and general public, and to 
minimize the number of casualties.
49 CFR part 232 - Brake System Safety Standards for Freight and Other 
Non-Passenger Train and Equipment; End- of-Train Devices
 Section 610: There is a SEIOSNOSE. These are minimum Federal 
safety standards for freight and other non-passenger train track 
systems and equipment as well as for freight and other non-passenger 
train brake systems. The FRA will conduct a formal review to identify 
whether opportunities may exist to reduce the burden on small railroads 
without compromising safety standards.
 Plain Language: FRA's plain language review of this rule 
indicates no need for substantial revision.
 General: Since the rule prescribes minimum Federal safety 
standards for freight and other non-passenger train track systems and 
equipment as well as for freight and other non-passenger train brake 
systems, it will enhance the safety of rail transportation, protecting 
both those traveling and working on the system and those off the system 
who might be adversely affected by a rail incident.
49 CFR part 239 - Passenger Train Emergency Preparedness
 Section 610: There is no SEIOSNOSE.
 Plain Language: FRA's plain language review of this rule 
indicates no need for substantial revision.
 General: Since the rule prescribes minimum Federal safety 
standards for the preparation, adoption and implementation of emergency 
preparedness plans by railroads, these requirements are necessary to 
ensure the protection and safety of railroad passengers and employees 
as well as the general public, and to minimize the number of 
casualties.
49 CFR part 240 - Qualification and Certification of Locomotive 
Engineers
 Section 610: There is no SEIOSNOSE.
 Plain Language: FRA's plain language review of this rule 
indicates no need for substantial revision.
 General: Since the rule prescribes minimum Federal safety 
standards and guidelines for the eligibility, training, testing, 
certification and monitoring of all locomotive engineers, it will 
ensure and enhance the protection and safety of railroad employees and 
general public and minimize the number of casualties.
49 CFR part 265 - Nondiscrimination in Federally Assisted Railroad 
Programs
 Section 610: There is no SEIOSNOSE.
 Plain Language: FRA's plain language review of this rule 
indicates no need for substantial revision.
 General: The purpose of the rule is to ensures that no person 
in the United States shall on the grounds of race, color, national 
origin, or sex be excluded from participation in, or denied the 
benefits of, or be subjected to discrimination under, any project, 
program or activity funded in part through financial assistance under 
the Railroad Revitalization and Regulatory Reform Act of 1976, or any 
provision of law amended by the Act.

[[Page 21979]]

Year 1 (fall 2008) List of rule(s) that will be analyzed during next 
year
49 CFR part 200 - Informal Rules of Practice for Passenger Safety
49 CFR part 201 - Formal Rules of Practice for Passenger Service

                                         FEDERAL TRANSIT ADMINISTRATION
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                         Analysis
   Year                             Regulations To Be Reviewed                            Year       Review Year
----------------------------------------------------------------------------------------------------------------
 1          49 CFR parts 604, 605, and 633..........................................          2008          2009
2           49 CFR parts 661 and 665................................................          2009          2010
3           49 CFR part 633.........................................................          2010          2011
 4          49 CFR parts 609 and 611................................................          2011          2012
 5          49 CFR parts 613 and 614................................................          2012          2013
 6          49 CFR part 622.........................................................          2013          2014
7           49 CFR part 630.........................................................          2014          2015
8           49 CFR part 639.........................................................          2015          2016
9           49 CFR parts 659 and 663................................................          2016          2017
10          49 CFR part 665.........................................................          2017          2018
----------------------------------------------------------------------------------------------------------------

Year 10 (fall 2007) List of rules analyzed and summary of results
49 CFR part 624 - Clean Fuels Program
 Section 610: The Agency has determined that the rule will not 
have a significant effect on a substantial number of small entities. 
This rule imposes no new costs because it merely modifies the 
application procedures for an existing grant program.
 Plain Language: The rule was drafted using plain language 
techniques.
 General: No changes are necessary since the benefits of the 
rule justify its costs and the regulation imposes the least burden.
Year 1 (fall 2008) List of rules that will be analyzed during the next 
year
49 CFR part 604 - Charter Services
49 CFR part 605 - School Bus Operations
49 CFR part 633 - Project Management Oversight

                                             MARITIME ADMINISTRATION
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations To Be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
1           46 CFR parts 201 through 205............................................          2008          2009
2           46 CFR parts 221 through 232............................................          2009          2010
3           46 CFR parts 249 through 296............................................          2010          2011
4           46 CFR part 298.........................................................          2011          2012
5           46 CFR parts 307 through 309............................................          2012          2013
6           46 CFR part 310.........................................................          2013          2014
7           46 CFR parts 315 through 340............................................          2014          2015
8           46 CFR parts 345 through 381............................................          2015          2016
9           46 CFR parts 382 through 389............................................          2016          2017
10          46 CFR parts 390 through 393............................................          2017          2018
----------------------------------------------------------------------------------------------------------------

Year 10 (fall 2007) List of rules analyzed and a summary of the results
46 CFR part 390 - Capital Construction Fund
 Section 610: No SEIOSNOSE. Some small entities may be 
affected, but the economic impact on small entities will not be 
significant.
 Plain Language: Where confusing or wordy language has been 
identified, we will make revisions.
 General: No overall revision of the rule is needed at this 
time; however, technical amendments were made to the rule so that it 
correctly referenced sections in the United States Code.
46 CFR part 391 - Federal Income Tax Aspects of the Capital 
Construction Fund
 Section 610: No SEIOSNOSE. Some small entities may be 
affected, but the economic impact on small entities will not be 
significant.
 Plain Language: Where confusing or wordy language has been 
identified, we will make revisions.
 General: No changes are needed.
Year 1 (fall 2008) List of rules that will be analyzed during the next 
year
46 CFR part 201 - Rules of Practice and Procedure
46 CFR part 202 - Procedures Relating to Review by Secretary of 
Transportation of Actions by Maritime Subsidy Board

[[Page 21980]]

46 CFR part 203 - Procedures Relating to Conduct of Certain Hearings 
Under the Merchant Marine Act, 1936
46 CFR part 204 - Claims Against the Maritime Administration Under the 
Federal Tort Claim Act
46 CFR part 205 - Audit Appeals; Policy and Procedure

                         PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA)
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations To Be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
1           Part 178................................................................          2008          2009
2           Parts 178, 179, 180.....................................................          2009          2010
3           Parts 172 and 175.......................................................          2010          2011
4           Sections 171.15 and 171.16..............................................          2011          2012
5           Parts 106, 107, 171, 190, 195...........................................          2012          2013
6           Parts 174, 177, 191, 192................................................          2013          2014
7           Parts 176, 199..........................................................          2014          2015
8           Parts 172, 173, 174, 175, 176, 177, 178.................................          2015          2016
9           Parts 172, 173, 174, 176, 177, 193......................................          2016          2017
10          Parts 173, 194..........................................................          2017          2018
----------------------------------------------------------------------------------------------------------------

Year 8 (fall 2005) List of rules analyzed and a summary of the results
49 CFR part 110 - Hazardous Materials Public Sector Training and 
Planning Grants
 Section 610: No SEIOSNOSE. The vast majority of grant 
applicants are not considered small entities as SBA defines that term. 
In the past 10 years, only eight entities meeting the small business 
definition have applied for and received HMEP grants. Further, the 
grant application process is specifically designed to minimize the 
burden on all grantees, including those that meet the definition of 
small entity.
 Plain Language: Where confusing or wordy language has been 
identified, we will make revisions.
 General: No changes are necessary since the benefits of the 
rule justify its costs and the regulation imposes the least burden.
49 CFR part 195 - Transportation of Hazardous Liquids by Pipeline
 Section 610: NO SEIOSNOSE. The vast majority of hazardous 
liquid operators are not sma