Department Regulatory Agenda; Semiannual Summary, 79811-79835 [2010-30462]

Download as PDF Monday, December 20, 2010 Part XIII Department of Transportation jlentini on DSKJ8SOYB1PROD with PROPOSALS16 Semiannual Regulatory Agenda VerDate Mar<15>2010 22:14 Dec 17, 2010 Jkt 223001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\20DEP16.SGM 20DEP16 79812 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DEPARTMENT OF TRANSPORTATION (DOT) DEPARTMENT OF TRANSPORTATION Significant/Priority Rulemakings Office of the Secretary Explanation of Information on the Agenda 14 CFR Chs. I-III Request for Comments Purpose 23 CFR Chs. I-III Appendix A—Instructions for Obtaining Copies of Regulatory Documents 33 CFR Chs. I and IV 46 CFR Chs. I-III Appendix B—General Rulemaking Contact Persons 48 CFR Ch. 12 Appendix C—Public Rulemaking Dockets Appendix D—Review Plans for Section 610 and Other Requirements Agenda 49 CFR Subtitle A, Chs. I-VI and Chs. X-XII SUPPLEMENTARY INFORMATION: OST Docket 99-5129 Background Department Regulatory Agenda; Semiannual Summary AGENCY: Office of the Secretary, DOT. ACTION: Semiannual regulatory agenda. Improvement of our regulations is a prime goal of the Department of Transportation (Department or DOT). Our regulations should be clear, simple, timely, fair, reasonable, and necessary. They should not be issued without appropriate involvement of the public; once issued, they should be periodically reviewed and revised, as needed, to assure that they continue to meet the needs for which they originally were designed. To view additional information about the Department of Transportation’s regulatory activities online, go to http://regs.dot.gov. Among other things, this website provides a report, updated monthly, on the status of the DOT significant rulemakings listed in the semi-annual Agenda. 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 jlentini on DSKJ8SOYB1PROD with PROPOSALS16 SUMMARY: Supplementary Information: Background VerDate Mar<15>2010 22:14 Dec 17, 2010 Jkt 223001 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 April 26, 2010 (75 FR 21840). The next one is scheduled for publication in the Federal Register in spring 2011. PO 00000 Frm 00002 Fmt 1254 Sfmt 1254 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 fall 2010 memorandum from the Office of Management and Budget. E:\FR\FM\20DEP16.SGM 20DEP16 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 79813 jlentini on DSKJ8SOYB1PROD with PROPOSALS16 DOT First, the agenda is divided by initiating offices. Then, the agenda is divided into five categories: (1) Prerule stage, (2) proposed rule stage, (3) final 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 VerDate Mar<15>2010 22:14 Dec 17, 2010 Jkt 223001 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. PO 00000 Frm 00003 Fmt 1254 Sfmt 1254 Consultation With State, Local, and Tribal Governments Executive Orders 13132 and 13175 require us to develop an accountable process to ensure ‘‘meaningful and timely input’’ by State, local, and tribal officials in the development of regulatory policies that have federalism or tribal implications. These policies are defined in the Executive Orders to include regulations that have ‘‘substantial direct effects’’ on States or Indian tribes, on the relationship between the Federal Government and them, or on the distribution of power and responsibilities between the Federal Government and various levels of government or Indian tribes. Therefore, we encourage State and local governments or Indian tribes 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: September 24, 2010. Ray LaHood, Secretary of Transportation. Appendix A—Instructions for Obtaining Copies of Regulatory Documents To obtain a copy of a specific regulatory document in the agenda, you should communicate directly with the contact person listed with the regulation at the address below. We note that most, if not all, such documents, including the semiannual agenda, are available through the Internet at http://www.regulations.gov. See Appendix C for more information. (Name of contact person), (Name of the DOT agency), 1200 New Jersey Avenue SE., Washington, DC 20590. (For the Federal Aviation Administration, substitute the following address: Office of Rulemaking, ARM-1, E:\FR\FM\20DEP16.SGM 20DEP16 79814 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOT 800 Independence Avenue SW., Washington, DC 20591). Appendix C—Public Rulemaking Dockets Appendix B—General Rulemaking Contact Persons All comments via the Internet are submitted through the Federal Docket Management System (FDMS) at the following address: http://www.regulations.gov. The FDMS allows the public to search, view, download, and comment on all Federal agency rulemaking documents in one central online system. The above referenced Internet address also allows the public to sign up to receive notification when certain documents are placed in the dockets. The 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. LaFreniere, Regulatory Ombudsman, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-0596. Appendix D—Review Plans for Section 610 and Other Requirements Part I— The Plan 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 Ford, 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. jlentini on DSKJ8SOYB1PROD with PROPOSALS16 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. VerDate Mar<15>2010 22:14 Dec 17, 2010 Jkt 223001 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. General The Department of Transportation has long recognized the importance of regularly reviewing its existing regulations to determine whether they need to be revised or revoked. Our 1979 Regulatory Policies and Procedures require such reviews. We also have responsibilities under Executive Order 12866 ‘‘Regulatory Planning and Review’’ and section 610 of the Regulatory Flexibility Act to conduct such reviews. This includes the use of plain language techniques in new rules and considering its use in existing rules when we have the opportunity and resources permit its use. We are committed to continuing our reviews of existing rules and, if needed, will initiate rulemaking actions based on these reviews. Section 610 Review Plan Section 610 requires that we conduct reviews of rules that (1) have been published within the last 10 years and (2) have a ‘‘significant economic impact on a substantial number of small entities’’ (SEIOSNOSE). It also requires that we publish in the Federal Register each year a list of any such rules that we will review during the next year. The Office of the Secretary and each of the Department’s Operating Administrations have a 10-year review plan. These reviews comply with section 610 of the Regulatory Flexibility Act. PO 00000 Frm 00004 Fmt 1254 Sfmt 1254 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 E:\FR\FM\20DEP16.SGM 20DEP16 79815 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOT 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 triannual 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 Year jlentini on DSKJ8SOYB1PROD with PROPOSALS16 1 2 3 4 5 6 7 8 9 10 Regulations To Be Reviewed 49 48 14 14 14 14 14 14 49 49 CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR Analysis Year parts 91 through 99 and 14 CFR parts 200 through 212 ......................................................... parts 1201 through 1253 and new parts and subparts ............................................................ parts 213 through 232 ............................................................................................................... parts 234 through 254 ............................................................................................................... parts 255 through 298 and 49 CFR part 40 ............................................................................. parts 300 through 373 ............................................................................................................... parts 374 through 398 ............................................................................................................... part 399 and 49 CFR parts 1 through 11 ................................................................................. parts 17 through 28 ................................................................................................................... parts 29 through 39 and parts 41 through 89 ........................................................................... Review Year 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Year 1 (fall 2008) List of rules analyzed and a summary of results 49 CFR part 93 — Aircraft Allocation • Section 610: There is no SEIOSNOSE. • General: The agency will propose revising this regulation to reflect a transfer of the functions from the Office of Emergency Transportation (OET) to the Office of Intelligence, Security and Response (S-60). OET was absorbed into S-60 and no longer exists as a separate office. The proposed changes will not cause an economic impact. Year 1 (fall 2008) List of rules with ongoing analysis 49 CFR part 91—International Air Transportation Fair Competitive Practices 49 CFR part 92—Recovering Debts to the United States by Salary Offset 49 CFR part 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 VerDate Mar<15>2010 22:14 Dec 17, 2010 Jkt 223001 PO 00000 Frm 00005 Fmt 1254 Sfmt 1254 E:\FR\FM\20DEP16.SGM 20DEP16 79816 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda jlentini on DSKJ8SOYB1PROD with PROPOSALS16 DOT 14 CFR part 205—Aircraft Accident Liability Insurance 14 CFR part 206—Certificates of Public Convenience and Necessity: Special Authorizations and Exemptions 14 CFR part 207—Charter Trips by U.S. Scheduled Air Carriers 14 CFR part 208—Charter Trips by U.S. charter air Carriers 14 CFR part 211—Applications for Permits to Foreign Air Carriers 14 CFR part 212—Charter Rules for U.S. and Foreign Direct Air Carriers Year 2 (fall 2009) List of rules analyzed and a summary of results 48 CFR part 1201—Federal Acquisition Regulations System • Section 610: There is no SEIOSNOSE. • General: This rule prescribes Agency control and compliance procedures concerning the proliferation of acquisition regulations and any revisions. M-60’s plain language review of this rule indicates minor editorial changes are needed but no need for substantial revision. 48 CFR part 1202—Definitions of Words and Terms • Section 610: There is no SEIOSNOSE. • General: This rule provides definitions of words and terms concerning acquisitions in DOT. M-60’s plain language review of this rule indicates no need for substantial revision. 48 CFR part 1203—Improper Business Practices and Personal Conflicts of Interest • Section 610: There is no SEIOSNOSE. • General: This rule provides process for reporting suspected violations of the Gratuities clause. M-60’s plain language review of this rule indicates minor editorial changes are needed but no need for substantial revision. 48 CFR part 1204—Administrative Matters • Section 610: There is no SEIOSNOSE. • General: This rule provides procedures for closing out contract files and supporting closeout documents. M-60’s plain language review of this rule indicates no need for substantial revision. 48 CFR part 1205—Publicizing Contract Actions • Section 610: There is no SEIOSNOSE. • General: This rule provides methods of disseminating information. M-60’s plain language review of this rule indicates no need for substantial revision. 48 CFR part 1206—Competition Requirements • Section 610: There is no SEIOSNOSE. • General: This rule provides information concerning competition advocates. M-60’s plain language review of this rule indicates no need for substantial revision. 48 CFR part 1207—Acquisition Planning • Section 610: There is no SEIOSNOSE. • General: This rule provides information concerning requirements which will be followed when cost comparisons between Government and Contractor performance are conducted. M-60’s plain language review of this rule indicates no need for substantial revision. 48 CFR part 1211—Describing Agency Needs • Section 610: There is no SEIOSNOSE. • General: This provides information concerning the need to include, as applicable, safeguards to ensure safety, security, and environmental protection in requirements documents. M-60’s plain language review of this rule indicates no need for substantial revision. 48 CFR part 1213—Simplified Acquisition Procedures • Section 610: There is no SEIOSNOSE. • General: This provides DOT procedures for acquiring training services. M-60’s plain language review of this rule indicates no need for revision. 48 CFR part 1214—Sealed Bidding • Section 610: There is no SEIOSNOSE. • General: This rule provides for telegraphic bids to be communicated provided procedures have been established by the COCO. M-60’s plain language review of this rule indicates no need for revision. 48 CFR part 1215—Contracting By Negotiation • Section 610: There is no SEIOSNOSE. • General: This rule provides information concerning the solicitation and receipt of proposals and information including evaluation. M-60’s plain language review of this rule indicates no need for substantial revision. 48 CFR part 1216—Types of Contracts • Section 610: There is no SEIOSNOSE. • General: This rule provides information concerning Fixed-Price Contracts, Incentive Contracts, Indefinite-Delivery Contracts, and Time-and-Materials, Labor-Hour, and Letter Contracts. M-60’s plain language review of this rule indicates no need for substantial revision. 48 CFR part 1217—Special Contracting Methods • Section 610: There is no SEIOSNOSE. • General: This rule provides procedures for fixed price contracts for vessel repair, alteration, or conversion. M-60’s plain language review of this rule indicates no need for substantial revision. 48 CFR part 1219—Small Business Programs VerDate Mar<15>2010 22:14 Dec 17, 2010 Jkt 223001 PO 00000 Frm 00006 Fmt 1254 Sfmt 1254 E:\FR\FM\20DEP16.SGM 20DEP16 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 79817 jlentini on DSKJ8SOYB1PROD with PROPOSALS16 DOT • Section 610: There is no SEIOSNOSE. • General: This rule addresses contracting issues associated with subcontracting with Small Business, Small Disadvantaged Business, and Women-Owned Small Business concerns. It also provides some discussion of small business competitiveness demonstration program. 48 CFR part 1222—Application of Labor Laws to Government Acquisitions • Section 610: There is no SEIOSNOSE. • General: This rule covers aspects of basic labor policies and labor standards. Particular focus is directed to labor standards involving construction. 48 CFR part 1223—Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace • Section 610: There is no SEIOSNOSE. • General: This rule addresses safety requirements for selected DOT contracts. The emphasis here is on hazardous material identification and material safety data. 48 CFR part 1224—Protection of Privacy and Freedom of Information • Section 610: There is no SEIOSNOSE. • General: This rule includes discussion of procedures and appeals processes with a focus on the Freedom of Information Act. 48 CFR part 1227—Patents, Data, and Copyrights • Section 610: There is no SEIOSNOSE. • General: This rule includes discussion of procedures and appeals processes. 48 CFR part 1228—Bonds and Insurance • Section 610: There is no SEIOSNOSE. • General: This rule covers bonds and other financial protections, insurance, and performance and payment bonds for certain contracts. 48 CFR part 1231—Contract Cost Principles and Procedures • Section 610: There is no SEIOSNOSE. • General: This rule discusses contracts with commercial organizations. 48 CFR part 1232—Contract Financing • Section 610: There is no SEIOSNOSE. • General: This rule focuses on contract payment processes. 48 CFR part 1233—Protests, Disputes, and Appeals • Section 610: There is no SEIOSNOSE. • General: This rule focuses on the protests, disputes, and appeals process with a particular emphasis on CO decisions and alternative dispute resolution. 48 CFR part 1234—[Reserved] 48 CFR part 1235—Research and Development Contracting • Section 610: There is no SEIOSNOSE. • General: This rule includes discussion of research and development contracting and provides discussion on research misconduct. 48 CFR part 1236—Construction and Architect-Engineer Contracts • Section 610: There is no SEIOSNOSE. • General: This rule covers contract clauses for construction and architect-engineer contracts. It also includes discussion of special precautions for work at operating airports. 48 CFR part 1237—Service Contracting • Section 610: There is no SEIOSNOSE. • General: This rule includes information relating to DOT procedures for acquiring training services, and solicitation provisions and contract clauses. 48 CFR part 1239—Acquisition of Information Technology • Section 610: There is no SEIOSNOSE. • General: This rule includes solicitation procedures and contract clauses. 48 CFR part 1242—Contract Administration and Audit Services • Section 610: There is no SEIOSNOSE. • General: This rule includes appropriate contract clauses for use in audit services. 48 CFR part 1245—Government Property • Section 610: There is no SEIOSNOSE. • General: This rule focuses on the management of government property, reporting results of inventory, and audit of property control systems. 48 CFR part 1246—Quality Assurance • Section 610: There is no SEIOSNOSE. • General: This rule incorporates a discussion of warranties, and warranty terms and conditions. 48 CFR part 1247—Transportation • Section 610: There is no SEIOSNOSE. • General: This rule focuses on ocean transportation by U.S.-flag vessels. 48 CFR part 1252—Solicitation Provisions and Contract Clauses • Section 610: There is no SEIOSNOSE. VerDate Mar<15>2010 22:14 Dec 17, 2010 Jkt 223001 PO 00000 Frm 00007 Fmt 1254 Sfmt 1254 E:\FR\FM\20DEP16.SGM 20DEP16 79818 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOT • General: This rule includes, but is not limited to, evaluation of offers subject to an economic price adjustment, determination of award, performance evaluation plans, distribution of award fee, settlement of letter contracts, contract performance, subcontracts and liability and insurance. 48 CFR part 1253—Forms • Section 610: There is no SEIOSNOSE. • General: This rule includes prescriptions and illustrations of forms. Year 3 (fall 2010) List of rules to be analyzed during the next year 14 CFR part 213—Terms, Conditions, and Limitations of Foreign Air Carrier Permits 14 CFR part 214—Terms, Conditions, and Limitations of Foreign Air Carrier Permits Authorizing Charter Transportation Only 14 CFR part 215—Use and Change of Names of Air Carriers, Foreign Air Carriers and Commuter Air Carriers 14 CFR part 216—Comingling of Blind Sector Traffic by Foreign Air Carriers 14 CFR part 217—Reporting Traffic Statistics by Foreign Air Carriers in Civilian Scheduled, Charter, and Nonscheduled Services 14 CFR part 218—Lease by Foreign Air Carrier or Other Foreign Person of Aircraft With Crew 14 CFR part 221—Tariffs 14 CFR part 222—Intermodal Cargo Services by Foreign Air Carriers 14 CFR part 223—Free and Reduced-Rate Transportation 14 CFR part 232—Transportation of Mail, Review of Orders of Postmaster General FEDERAL AVIATION ADMINISTRATION SECTION 610 REVIEW PLAN Year 1 2 3 4 5 6 7 8 9 10 Regulations to be Reviewed 14 14 14 14 14 14 14 14 14 14 CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR parts parts parts parts parts parts parts parts parts parts Analysis Year 119 through 129 and parts 150 through 156 ................................................................... 133 through 139 and parts 157 through 169 ................................................................... 141 through 147 and parts 170 through 187 ................................................................... 189 through 198 and parts 1 through 16 ......................................................................... 17 through 33 ................................................................................................................... 34 through 39 and parts 400 through 405 ....................................................................... 43 through 49 and parts 406 through 415 ....................................................................... 60 through 77 ................................................................................................................... 91 through 105 ................................................................................................................. 417 through 460 ............................................................................................................... Review Year 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 jlentini on DSKJ8SOYB1PROD with PROPOSALS16 The FAA has elected to use the two-step, two-year process used by most DOT modes in past plans. As such, the FAA has divided its rules into 10 groups as displayed in the table below. During the first year (the ‘‘analysis year’’), all rules published during the previous 10 years within a 10% block of the regulations will be analyzed to identify those with a SEIONOSE. 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 3 (fall 2010) List of rules analyzed and summary of results 14 CFR part 141—Pilot Schools • Section 610: The agency conducted a Section 610 review of this part and found no SEISNOSE. • General: No changes are needed. These regulations are cost effective and impose the least burden. FAA’s plain language review of these rules indicates no need for substantial revision. 14 CFR part 142—Training Centers • Section 610: The agency conducted a Section 610 review of this part and found no SEISNOSE. • General: No changes are needed. These regulations are cost effective and impose the least burden. FAA’s plain language review of these rules indicates no need for substantial revision. 14 CFR part 145—Repair Stations • Section 610: The agency conducted a Section 610 review of this part and found no SEISNOSE. • General: No changes are needed. These regulations are cost effective and impose the least burden. FAA’s plain language review of these rules indicates no need for substantial revision. 14 CFR part 147—Aviation Maintenance Technician Schools • Section 610: The agency conducted a Section 610 review of this part and found no SEISNOSE. • General: No changes are needed. These regulations are cost effective and impose the least burden. FAA’s plain language review of these rules indicates no need for substantial revision. 14 CFR part 170—Establishment and Discontinuance Criteria for Air Traffic Control Services and Navigational Facilities • Section 610: The agency conducted a Section 610 review of this part and found no SEISNOSE. VerDate Mar<15>2010 22:14 Dec 17, 2010 Jkt 223001 PO 00000 Frm 00008 Fmt 1254 Sfmt 1254 E:\FR\FM\20DEP16.SGM 20DEP16 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 79819 DOT • General: No changes are needed. These regulations are cost effective and impose the least burden. FAA’s plain language review of these rules indicates no need for substantial revision. 14 CFR part 171—Non-Federal Navigation Facilities • Section 610: The agency conducted a Section 610 review of this part and found no SEISNOSE. • General: No changes are needed. These regulations are cost effective and impose the least burden. FAA’s plain language review of these rules indicates no need for substantial revision. 14 CFR part 183—Representatives of the Administrator • Section 610: The agency conducted a Section 610 review of this part and found no SEISNOSE. • General: No changes are needed. These regulations are cost effective and impose the least burden. FAA’s plain language review of these rules indicates no need for substantial revision. 14 CFR part 185—Testimony by Employees And Production of Records in Legal Proceedings, and Service of Legal Process and Pleadings • Section 610: 14 CFR part 185 does not affect small entities. Therefore, amendments to it cannot have a SEISNOSE. • General: No changes are needed. These regulations are cost effective and impose the least burden. FAA’s plain language review of these rules indicates no need for substantial revision. 14 CFR part 187—Fees • Section 610: The agency conducted a Section 610 review of this part and found no SEISNOSE. • General: No changes are needed. These regulations are cost effective and impose the least burden. FAA’s plain language review of these rules indicates no need for substantial revision. Year 4 (fall 2011) List of rules to be analyzed during the next year 14 CFR part 189—Use of Federal Aviation Administration Communications System 14 14 CFR part 198-Aviation Insurance 14 CFR part 1—Definitions and Abbreviations 14 CFR part 3—General Requirements 14 CFR part 11—General Rulemaking Procedures 14 CFR part 13—Investigative and Enforcement Procedures 14 CFR part 14—Rules Implementing the Equal Access to Justice Act of 1980 14 CFR part 15—Administrative Claims Under Federal Tort Claims Act 14 CFR part 16—Rules of Practice for Federally Assisted Airport Enforcement Proceedings FEDERAL HIGHWAY ADMINISTRATION SECTION 610 AND OTHER REVIEWS Regulations To Be Reviewed 1 2 3 4 5 6 7 8 9 10 jlentini on DSKJ8SOYB1PROD with PROPOSALS16 Year Analysis Year None ........................................................................................................................................................ 23 CFR parts 1 to 260 ............................................................................................................................ 23 CFR parts 420 to 470 ........................................................................................................................ 23 CFR part 500 ..................................................................................................................................... 23 CFR parts 620 to 637 ........................................................................................................................ 23 CFR parts 645 to 669 ........................................................................................................................ 23 CFR 710 to 924 ................................................................................................................................. 23 CFR 940 to 973 ................................................................................................................................. 23 CFR parts 1200 to 1252 .................................................................................................................... New parts and subparts .......................................................................................................................... Review Year 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Federal-Aid Highway Program The FHWA has adopted regulations in title 23 of the CFR, chapter I, related to the Federal-Aid Highway Program. These regulations implement and carry out the provisions of Federal law relating to the administration of Federal aid for highways. The primary law authorizing Federal aid for highways is chapter I of title 23 of the U.S.C. Section 145 of title 23 expressly provides for a federally assisted State program. For this reason, the regulations adopted by the FHWA in title 23 of the CFR primarily relate to the requirements that States must meet to receive Federal funds for the construction and other work related to highways. Because the regulations in title 23 primarily relate to States, which are not defined as small entities under the Regulatory Flexibility Act, the FHWA believes that its regulations in title 23 do not have a significant economic impact on a substantial number of small entities. The FHWA solicits public comment on this preliminary conclusion. Year 2 (fall 2009) List of rules analyzed and a summary of results 23 CFR part 1—General • Section 610: No SEIOSNOSE. No small entities are affected. • General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA’s plain language review of these rules indicates no need for substantial revision. 23 CFR part 140—Reimbursement • Section 610: No SEIOSNOSE. This section applies primarily to State transportation agencies that are not small entities. • General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA’s plain language review of these rules indicates no need for substantial revision. VerDate Mar<15>2010 22:14 Dec 17, 2010 Jkt 223001 PO 00000 Frm 00009 Fmt 1254 Sfmt 1254 E:\FR\FM\20DEP16.SGM 20DEP16 79820 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOT 23 CFR part 172—Administration of Engineering and Design-Related Service Contracts • Section 610: No SEIOSNOSE. This section applies primarily to State transportation agencies that are not small entities. • General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA’s plain language review of these rules indicates no need for substantial revision. 23 CFR part 180—Credit Assistance for Surface Transportation Projects • Section 610: No SEIOSNOSE. This section applies primarily to State transportation agencies that are not small entities. • General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA’s plain language review of these rules indicates no need for substantial revision. 23 CFR part 190—Incentive Payments for Controlling Outdoor Advertising on the Interstate System • Section 610: No SEIOSNOSE. This section applies primarily to State transportation agencies that are not small entities. • General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA’s plain language review of these rules indicates no need for substantial revision. 23 CFR part 192—Drug Offender’s Driver’s License Suspension • Section 610: No SEIOSNOSE. This section applies primarily to State transportation agencies that are not small entities. • General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA’s plain language review of these rules indicates no need for substantial revision. 23 CFR part 200—Title VI Program and Related Statutes-Implementation and Review procedures • Section 610: No SEIOSNOSE. This section applies primarily to State transportation agencies that are not small entities. • General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA’s plain language review of these rules indicates no need for substantial revision. 23 CFR part 230—External Programs • Section 610: No SEIOSNOSE. Some small entities may be affected, but the economic impact on small entities will not be significant. • General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA’s plain language review of these rules indicates no need for substantial revision. 23 CFR part 260—Education and Training Programs • Section 610: No SEIOSNOSE. No small entities are affected. • General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA’s plain language review of these rules indicates no need for substantial revision. Year 3 (fall 2010) List of rules that will be analyzed during the next year 23 CFR part 420—Planning and Research Program Administration 23 CFR part 450—Planning Assistance and Standards 23 CFR part 460—Public Road Mileage for Apportionment of Highway Safety Funds 23 CFR part 470—Highway Systems FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION SECTION 610 AND OTHER REVIEWS Year jlentini on DSKJ8SOYB1PROD with PROPOSALS16 1 2 3 4 5 6 7 8 9 10 Regulations To Be Reviewed 49 49 49 49 49 49 49 49 49 49 CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR parts parts parts parts parts parts parts parts parts parts Analysis Year 372, subpart A, and 381 .................................................................................................. 386, 389, and 395 ............................................................................................................ 325, 388, 350, and 355 .................................................................................................... 380 and 382 to 385 .......................................................................................................... 390 to 393 and 396 to 399 .............................................................................................. 356, 367, 369 to 371, 372, subparts B-C ........................................................................ 373, 374, 376, and 379 .................................................................................................... 360, 365, 366, and 368 .................................................................................................... 377, 378, and 387 ............................................................................................................ 303, 375, and new parts and subparts ............................................................................ Review Year 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Year 2 (fall 2009) List of rules analyzed and a summary of results 49 CFR part 386—Rules of Practice for Motor Carrier, Broker, Freight Forwarder, and Hazardous Materials Proceedings • Section 610: There is SEIOSNOSE, as a significant number of small entities are affected by fees and reporting requirements in the regulation. It was found that the cost of a formal hearing to appeal a decision may have a significant impact on small firms. • 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 • This has been postponed, due to initiation of new rulemaking; Agency is set to publish in July 2011. Year 2 (fall 2009) List of rules with ongoing analysis 49 CFR part 389—Rulemaking Procedures — Federal Motor Carrier Safety Regulations Year 3 (fall 2010) List of rules that will be analyzed during the next year 49 CFR part 325—Compliance With Interstate Motor Carrier Noise Emission VerDate Mar<15>2010 22:14 Dec 17, 2010 Jkt 223001 PO 00000 Frm 00010 Fmt 1254 Sfmt 1254 E:\FR\FM\20DEP16.SGM 20DEP16 79821 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOT 49 CFR part 388—Cooperative Agreements With States 49 CFR part 350—Commercial Motor Carrier Safety Assistance Program 49 CFR part 355—Compatibility of State Laws and Regulations Affecting Interstate Motor Carrier Operations NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION SECTION 610 AND OTHER REVIEWS Year jlentini on DSKJ8SOYB1PROD with PROPOSALS16 1 2 3 4 5 6 7 8 9 10 Regulations To Be Reviewed 49 23 49 49 49 49 49 49 49 49 CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR Analysis Year 571.223 through 571.500 and parts 575 and 579 .................................................................... parts 1200 and 1300 ................................................................................................................. parts 501 through 526 and 571.213 ......................................................................................... 571.131, 571.217, 571.220, 571.221, and 571.222 .................................................................. 571.101 through 571.110, and 571.135, 571.138, and 571.139 .............................................. parts 529 through 578, except parts 571 and 575 ................................................................... 571.111 through 571.129 and parts 580 through 588 .............................................................. 571.201 through 571.212 .......................................................................................................... 571.214 through 571.219, except 571.217 ............................................................................... parts 591 through 595 and new parts and subparts ................................................................ Review Year 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Year 2 (fall 2009) List of rules analyzed and a summary of the results 23 CFR part 1200—Uniform Procedures for State Highway Safety Programs • Section 610: No SEIOSNOSE. No small entities are affected. • General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA’s language review of these rules indicates no need for substantial revision. 23 CFR part 1205—Highway Safety Programs; Determinations of Effectiveness • Section 610: No SEIOSNOSE. No small entities are affected. • General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA’s language review of these rules indicates no need for substantial revision. 23 CFR part 1206—Rules of Procedure for Invoking Sanctions Under the Highway Safety Act of 1966 • Section 610: No SEIOSNOSE. No small entities are affected. • General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA’s language review of these rules indicates no need for substantial revision. 23 CFR part 1208—National Minimum Drinking Age • Section 610: No SEIOSNOSE. No small entities are affected. • General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA’s language review of these rules indicates no need for substantial revision. 23 CFR part 1210—Operation of Motor Vehicles by Intoxicated Minors • Section 610: No SEIOSNOSE. No small entities are affected. • General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA’s language review of these rules indicates no need for substantial revision. 23 CFR part 1215—Use of Safety Belts—Compliance and Transfer-of-Funds Procedures • Section 610: No SEIOSNOSE. No small entities are affected. • General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA’s language review of these rules indicates no need for substantial revision. 23 CFR part 1225—Operation of Motor Vehicles by Intoxicated Persons • Section 610: No SEIOSNOSE. No small entities are affected. • General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA’s language review of these rules indicates no need for substantial revision. 23 CFR part 1235—Uniform System for Parking for Persons with Disabilities • Section 610: No SEIOSNOSE. No small entities are affected. • General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA’s language review of these rules indicates no need for substantial revision. 23 CFR part 1240—Safety Incentive Grants for Use of Seat Belts-Allocations Based on Seat Belt Use Rates • Section 610: No SEIOSNOSE. No small entities are affected. • General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA’s language review of these rules indicates no need for substantial revision. 23 CFR part 1250—Political Subdivision Participation in State Highway Safety Programs • Section 610: No SEIOSNOSE. No small entities are affected. • General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA’s language review of these rules indicates no need for substantial revision. 23 CFR part 1251—State Highway Safety Agency • Section 610: No SEIOSNOSE. No small entities are affected. • General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA’s language review of these rules indicates no need for substantial revision. VerDate Mar<15>2010 22:14 Dec 17, 2010 Jkt 223001 PO 00000 Frm 00011 Fmt 1254 Sfmt 1254 E:\FR\FM\20DEP16.SGM 20DEP16 plain plain plain plain plain plain plain plain plain plain plain 79822 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOT 23 CFR part 1252—State Matching of Planning and Administration Costs • Section 610: No SEIOSNOSE. No small entities are affected. • General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA’s plain language review of these rules indicates no need for substantial revision. 23 CFR part 1270—Open Container Laws • Section 610: No SEIOSNOSE. No small entities are affected. • General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA’s plain language review of these rules indicates no need for substantial revision. 23 CFR part 1275—Repeat Intoxicated Driver Laws • Section 610: No SEIOSNOSE. No small entities are affected. • General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA’s plain language review of these rules indicates no need for substantial revision. 23 CFR part 1313—Incentive Grant Criteria for Alcohol-Impaired Driving Prevention Programs • Section 610: No SEIOSNOSE. No small entities are affected. • General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA’s plain language review of these rules indicates no need for substantial revision. 23 CFR part 1327-Procedures for Participating in and Receiving Information From the National Driver Register Problem Driver Pointer System • Section 610: No SEIOSNOSE. No small entities are affected. • General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA’s plain language review of these rules indicates no need for substantial revision. 23 CFR part 1335—State Highway Safety Data Improvements • Section 610: No SEIOSNOSE. No small entities are affected. • General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA’s plain language review of these rules indicates no need for substantial revision. 23 CFR part 1340—Uniform Criteria for State Observational Surveys of Seat Belt Use • Section 610: No SEIOSNOSE. No small entities are affected. • General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA’s plain language review of these rules indicates no need for substantial revision. 23 CFR part 1345—Incentive Grant Criteria for Occupant Protection Programs • Section 610: No SEIOSNOSE. No small entities are affected. • General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA’s plain language review of these rules indicates no need for substantial revision. 23 CFR part 1350—Incentive Grant Criteria for Motorcycle Safety Program • Section 610: No SEIOSNOSE. No small entities are affected. • General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA’s plain language review of these rules indicates no need for substantial revision. Year 3 (fall 2010) List of rules that will be analyzed during the next year 49 CFR part 501—Organization and Delegation of Powers and Duties 49 CFR part 509—OMB Control Numbers for Information Collection Requirements 49 CFR part 510—Information Gathering Powers 49 CFR part 511—Adjudicative Procedures 49 CFR part 512—Confidential Business Information 49 CFR part 520—Procedures for Considering Environmental Impacts 49 CFR part 523—Vehicle Classification 49 CFR part 525—Exemptions from Average Fuel Economy Standards 49 CFR part 526—Petitions and Plans for Relief Under the Automobile Fuel Efficiency Act of 1980 49 CFR 571.213—Child Restraint Systems FEDERAL RAILROAD ADMINISTRATION SECTION 610 AND OTHER REVIEWS jlentini on DSKJ8SOYB1PROD with PROPOSALS16 Year 1 2 3 4 5 6 7 8 9 10 Regulations To Be Reviewed 49 49 49 49 49 49 49 49 49 49 VerDate Mar<15>2010 CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR Analysis Year parts 200 and 201 ..................................................................................................................... parts 207, 209, 211, 215, 238, and 256 ................................................................................... parts 210, 212, 214, 217, and 268 ........................................................................................... part 219 ..................................................................................................................................... parts 218, 221, 241, and 244 .................................................................................................... parts 216, 228, and 229 ............................................................................................................ parts 223 and 233 ..................................................................................................................... parts 224, 225, 231, and 234 .................................................................................................... parts 222, 227, 235, 236, 250, 260, and 266 ........................................................................... parts 213, 220, 230, 232, 239, 240, and 265 ........................................................................... 22:14 Dec 17, 2010 Jkt 223001 PO 00000 Frm 00012 Fmt 1254 Sfmt 1254 E:\FR\FM\20DEP16.SGM 20DEP16 Review Year 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 79823 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOT Year 2 (fall 2009) List of rules analyzed and a summary of results 49 FR part 207—Railroad Police Officers • Section 610: There is no SEIOSNOSE. • General: No changes are needed. These regulations are cost effective and impose the least burden. FRA’s plain language review of this rule indicates no need for substantial revision. 49 CFR part 209—Railroad Safety Enforcement Procedures • Section 610: There is no SEIOSNOSE. • General: No changes are needed. These regulations are cost effective and impose the least burden. FRA’s plain language review of this rule indicates no need for substantial revision. 49 CFR part 211—Rules of Practice • Section 610: There is no SEIOSNOSE. • General: No changes are needed. These regulations are cost effective and impose the least burden. FRA’s plain language review of this rule indicates no need for substantial revision. 49 CFR part 215—Railroad Freight Car Safety Standards • Section 610: There is a SEIOSNOSE. • General: No changes are needed. This rule already limits economic impact on small entities through Appendix D of the rule. FRA’s plain language review of this rule indicates no need for substantial revision. 49 CFR part 238—Passenger Equipment Safety Standards • Section 610: There is no SEIOSNOSE. • General: No changes are needed. These regulations are cost effective and impose the least burden. FRA’s plain language review of this rule indicates no need for substantial revision. 49 CFR part 256—Financial Assistance for Railroad Passenger Terminals • Section 610: There is no SEIOSNOSE. • General: No changes are needed. These regulations are cost effective and impose the least burden. FRA’s plain language review of the rule indicates no need for substantial revision. Year 3 (fall 2010) List of rule(s) that will be analyzed during next year 49 CFR part 210—Railroad Noise Emission Compliance Regulations 49 CFR part 212—State Safety Participation Regulations 49 CFR part 214—Railroad Workplace Safety 49 CFR part 217—Railroad Operating Rules 49 CFR part 268—Magnetic Levitation Transportation Technology Deployment Program FEDERAL TRANSIT ADMINISTRATION SECTION 610 AND OTHER REVIEWS Year jlentini on DSKJ8SOYB1PROD with PROPOSALS16 1 2 3 4 5 6 7 8 9 10 Regulations To Be Reviewed 49 49 49 49 49 49 49 49 49 49 CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR Analysis Year parts 604, 605, and 633 ............................................................................................................ parts 661 and 665 ..................................................................................................................... part 633 ..................................................................................................................................... parts 609 and 611 ..................................................................................................................... parts 613 and 614 ..................................................................................................................... part 622 ..................................................................................................................................... part 630 ..................................................................................................................................... part 639 ..................................................................................................................................... parts 659 and 663 ..................................................................................................................... part 665 ..................................................................................................................................... Review Year 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Year 2 (fall 2009) List of rules analyzed and summary of results 49 CFR part 665—Bus Testing • Section 610: The Agency has determined that the rule will not have a significant effect on a substantial number of small entities. • General: This rulemaking amends FTA’s bus testing program to incorporate brake performance and emission tests. The rule also clarifies existing regulatory requirements and was drafted using plain language techniques. Year 3 (fall 2010) List of rules that will be analyzed during the next year 49 CFR part 605—School Bus Operations 49 CFR part 633—Capital Project Management MARITIME ADMINISTRATION SECTION 610 AND OTHER REVIEWS Year Regulations To Be Reviewed 1 46 CFR parts 201 through 205 ............................................................................................................... VerDate Mar<15>2010 22:14 Dec 17, 2010 Jkt 223001 PO 00000 Frm 00013 Fmt 1254 Sfmt 1254 Analysis Year E:\FR\FM\20DEP16.SGM 20DEP16 Review Year 2008 2009 79824 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOT MARITIME ADMINISTRATION (Continued) SECTION 610 AND OTHER REVIEWS Year 2 3 4 5 6 7 8 9 10 Regulations To Be Reviewed 46 46 46 46 46 46 46 46 46 CFR CFR CFR CFR CFR CFR CFR CFR CFR Analysis Year parts 221 through 232 ............................................................................................................... parts 249 through 296 ............................................................................................................... part 298 ..................................................................................................................................... parts 307 through 309 ............................................................................................................... part 310 ..................................................................................................................................... parts 315 through 340 ............................................................................................................... parts 345 through 381 ............................................................................................................... parts 382 through 389 ............................................................................................................... parts 390 through 393 ............................................................................................................... Review Year 2009 2010 2011 2012 2013 2014 2015 2016 2017 2010 2011 2012 2013 2014 2015 2016 2017 2018 Year 2 (fall 2009) List of rules analyzed and a summary of the results 46 CFR part 221—Regulated Transactions Involving Documented Vessels and Other Maritime Interests • Section 610: No SEIOSNOSE. Some small entities may be affected, but the economic impact on small entities will not be significant. • General: No changes are needed. Where confusing or wordy language has been identified, revisions will be made. 46 CFR part 232—Uniform Financial Reporting Requirements • Section 610: No SEIOSNOSE. Some small entities may be affected, but the economic impact on small entities will not be significant. • General: No changes are needed. Where confusing or wordy language has been identified, revisions will be made. Year 3 (fall 2010) List of rules that will be analyzed during the next year 46 CFR part 249—Approval of Underwriters for Marine Hull Insurance 46 CFR part 251—Application for Subsidies and Other Direct Financial Aid 46 CFR part 252—Operating-Differential Subsidy for Bulk Cargo Vessels Engaged in Worldwide Services 46 CFR part 272—Requirements and Procedures for Conducting Condition Surveys and Administering Maintenance and Repair Subsidy 46 CFR part 276—Construction-Differential Subsidy Repayment 46 CFR part 277—Domestic and Foreign Trade; Interpretations 46 CFR part 280—Limitations on the Award and Payment of Operating-Differential Subsidy for Liner Operators 46 CFR part 281—Information and Procedure Required under Liner Operating-Differential Subsidy Agreements 46 CFR part 282—Operating-Differential Subsidy for Liner Vessels Engaged in Essential Services in the Foreign Commerce of the United States 46 CFR part 283—Dividend Policy for Operators Receiving Operating-Differential Subsidy 46 CFR part 287—Establishment of Construction Reserve Funds 46 CFR part 289—Insurance of Construction-Differential Subsidy Vessels, Operating-Differential Subsidy Vessels, and of Vessels Sold or Adjusted Under the Merchant Ship Sales Act of 1946 46 CFR part 295—Maritime Security Program (MSP) 46 CFR part 296—Maritime Security Program (MSP) PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA) SECTION 610 AND OTHER REVIEWS jlentini on DSKJ8SOYB1PROD with PROPOSALS16 Year 1 2 3 4 5 6 7 8 9 10 Regulations To Be Reviewed 49 49 49 49 49 49 49 49 49 49 CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR Analysis Year part 178 ..................................................................................................................................... parts 178 through 180 ............................................................................................................... parts 172 and 175 ..................................................................................................................... part 171, sections 171.15 and 171.16 ...................................................................................... parts 106, 107, 171, 190, and 195 ........................................................................................... parts 174, 177, 191, and 192 .................................................................................................... parts 176 and 199 ..................................................................................................................... parts 172 through 178 ............................................................................................................... parts 172, 173, 174, 176, 177, and 193 ................................................................................... parts 173 and 194 ..................................................................................................................... Review Year 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Year 2 (fall 2009) List of rules analyzed and a summary of results 49 CFR part 178—Specifications for Packagings • Section 610: There is no SEIOSNOSE. A substantial number of small entities, particularly those that use performance oriented packagings, may be affected by this rule, but the economic impact on those entities is not significant. VerDate Mar<15>2010 22:14 Dec 17, 2010 Jkt 223001 PO 00000 Frm 00014 Fmt 1254 Sfmt 1254 E:\FR\FM\20DEP16.SGM 20DEP16 79825 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOT • General: This rule prescribes minimum Federal safety standards for the construction of DOT specification packagings, these requirements are necessary to protect transportation workers and the public and to ensure the survivability of DOT specification packagings during transportation incidents. PHMSA’s plain language review of this rule indicates no need for substantial revision. 49 CFR part 179—Specifications for Tank Cars • Section 610: There is no SEIOSNOSE. This rule prescribes specification requirements as minimum safety standards for rail tank cars used to transport hazardous materials in commerce. Some small entities may be affected, but the economic impact on small entities is not significant. • General: Specification requirements for tank cars are considered minimum Federal safety standards that are necessary to protect transportation workers and the public and to ensure the survivability of DOT specification packagings during transportation incidents. PHMSA’s plain language review of this rule indicates no need for substantial revision. 49 CFR part 180—Continuing Qualification and Maintenance of Packagings • Section 610: There is no SEIOSNOSE. This rule impacts a substantial number of small entities, but when the survivability, durability, and service life of DOT specification packagings covered under this rule are fully considered, the economic impact on those entities is not significant. • General: This rule prescribes requirements for maintaining and verifying the integrity of DOT specification packagings used for the transportation of hazardous materials in commerce. This rule ensures that DOT specification packagings continue to conform to the specifications to which they were originally manufactured and designed. PHMSA’s plain language review of this rule indicates no need for substantial revision. Year 3 (fall 2010) List of rules that will be analyzed during the next year 49 CFR part 172—Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, Training Requirements, and Security Plans 49 CFR part 175—Carriage By Aircraft RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION (RITA) SECTION 610 AND OTHER REVIEWS Year 1 2 3 4 5 6 7 8 9 10 Regulations To Be Reviewed 14 14 14 14 14 14 14 14 14 14 CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR part part part part part part part part part part Analysis Year Review Year 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 241, form 41 ....................................................................................................................... 241, schedule T-100, and part 217 ................................................................................... 298 ..................................................................................................................................... 241, section 19-7 ............................................................................................................... 291 ..................................................................................................................................... 234 ..................................................................................................................................... 249 ..................................................................................................................................... 248 ..................................................................................................................................... 250 ..................................................................................................................................... 374a, ICAO ........................................................................................................................ jlentini on DSKJ8SOYB1PROD with PROPOSALS16 Year 1 (fall 2008) List of rules with ongoing analysis 14 CFR part 241—Uniform System of Accounts and Reports for Large Certificated Air Carriers, Form 41 Year 2 (fall 2009) List of rules analyzed and a summary of the results 14 CFR part 241—Schedule T-100 • Section 610: There is no SEIONOSE. Part 241 Schedule T-100 applies to only large certificated air carriers. • General: Part 241 Schedule T-100 is a monthly report of on-flight market and nonstop segment traffic data for flights operated by large certificated air carriers. This regulation is being reviewed as part of an overall aviation data requirements review and modernization program, which will also take into account the plain language initiative. 14 CFR part 217—Reporting Traffic Statistics by Foreign Air Carriers in Civilian Scheduled, Charter, and Nonscheduled Services - Schedule T-100(f) • Section 610: There is no SEIONOSE. This regulation applies to foreign air carriers that operate to or from the United States. Currently 93 percent of the reporting carriers are large foreign air carriers. • General: This regulation requires the submission of traffic data for operations to or from the United States. This regulation is being reviewed as part of an overall aviation data requirements review and modernization program, which will also take into account the plain language initiative Year 3 (fall 2010) List of rules that will be analyzed during the next year 14 CFR part 298 Subpart F—Exemptions for Air Taxi and Commuter Air Carrier Operations-Reporting Requirements VerDate Mar<15>2010 22:14 Dec 17, 2010 Jkt 223001 PO 00000 Frm 00015 Fmt 1254 Sfmt 1254 E:\FR\FM\20DEP16.SGM 20DEP16 79826 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOT SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION SECTION 610 AND OTHER REVIEWS Year Regulations To Be Reviewed Analysis Year 1 33 CFR parts 401 through 403 ............................................................................................................... Review Year 2008 2009 Year 1 (fall 2008) List of rules with ongoing analysis 33 CFR part 401—Seaway Regulations and Rules 33 CFR part 402—Tariff of Tolls 33 CFR part 403—Rules of Procedure of the Joint Tolls Review Board Office of the Secretary—Proposed Rule Stage Sequence Number Title Regulation Identifier Number 408 Use of the Seat-Strapping Method for Carrying a Wheelchair on an Aircraft .............................................................. 2105–AD87 Œ DOT-designated significant regulation Office of the Secretary—Final Rule Stage Sequence Number Title Regulation Identifier Number 409 410 Disadvantaged Business Enterprise; Potential Program Improvements ...................................................................... ŒEnhancing Airline Passenger Protections—Part 2 (Reg Plan Seq No. 113) ............................................................ 2105–AD75 2105–AD92 Œ DOT-designated significant regulation References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. Office of the Secretary—Completed Actions Sequence Number Title Regulation Identifier Number 411 412 Procedures for Transportation Workplace Drug and Alcohol Testing Programs ......................................................... Posting of Flight Delay Data on Websites (Completion of a Section 610 Review) .................................................. 2105–AD95 2105–AE02 Federal Aviation Administration—Proposed Rule Stage Regulation Identifier Number Sequence Number Title 413 414 ŒQualification, Service, and Use of Crewmembers and Aircraft Dispatchers (Reg Plan Seq No. 114) ..................... ŒAir Ambulance and Commercial Helicopter Operations; Safety Initiatives and Miscellaneous Amendments (Reg Plan Seq No. 115) ...................................................................................................................................................... ŒOperation and Certification of Small Unmanned Aircraft Systems (SUAS) ............................................................... ŒRepair Stations ............................................................................................................................................................ 415 416 2120–AJ00 2120–AJ53 2120–AJ60 2120–AJ61 Œ DOT-designated significant regulation References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. jlentini on DSKJ8SOYB1PROD with PROPOSALS16 Federal Aviation Administration—Final Rule Stage Sequence Number Title Regulation Identifier Number 417 418 ŒPart 121 Activation of Ice Protection .......................................................................................................................... ŒFlight and Duty Time Limitations and Rest Requirements (Reg Plan Seq No. 116) ................................................ 2120–AJ43 2120–AJ58 Œ DOT-designated significant regulation References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. VerDate Mar<15>2010 22:14 Dec 17, 2010 Jkt 223001 PO 00000 Frm 00016 Fmt 1254 Sfmt 1254 E:\FR\FM\20DEP16.SGM 20DEP16 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 79827 DOT Federal Aviation Administration—Long-Term Actions Sequence Number Title Regulation Identifier Number 419 ŒPart 121 Exiting Icing Conditions ................................................................................................................................ 2120–AJ74 Œ DOT-designated significant regulation Federal Aviation Administration—Completed Actions Regulation Identifier Number Sequence Number Title 420 421 ŒCommuter Operations in Very Light Jets (VLJs) ........................................................................................................ ŒAutomatic Dependent Surveillance—Broadcast (ADS-B) Equipage Mandate To Support Air Traffic Control Service ................................................................................................................................................................................ 2120–AI84 2120–AI92 Œ DOT-designated significant regulation Federal Motor Carrier Safety Administration—Proposed Rule Stage Regulation Identifier Number Sequence Number Title 422 423 424 ŒUnified Registration System ........................................................................................................................................ ŒHours of Service (Reg Plan Seq No. 119) ................................................................................................................ ŒDrivers of Commercial Vehicles: Restricting the Use of Cellular Phones (Section 610 Review) (Reg Plan Seq No. 120) ....................................................................................................................................................................... 2126–AA22 2126–AB26 2126–AB29 Œ DOT-designated significant regulation References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. Federal Motor Carrier Safety Administration—Final Rule Stage Sequence Number Title Regulation Identifier Number 425 426 427 Brokers of Household Goods Transportation by Motor Vehicle ................................................................................... ŒNational Registry of Certified Medical Examiners (Reg Plan Seq No. 121) ............................................................. ŒCommercial Driver’s License Testing and Commercial Learner’s Permit Standards ................................................ 2126–AA84 2126–AA97 2126–AB02 Œ DOT-designated significant regulation References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. Federal Motor Carrier Safety Administration—Long-Term Actions Regulation Identifier Number Sequence Number Title 428 ŒSafety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor Carriers Operating in the United States ........................................................................................................................................................................... 2126–AA35 jlentini on DSKJ8SOYB1PROD with PROPOSALS16 Œ DOT-designated significant regulation Federal Motor Carrier Safety Administration—Completed Actions Sequence Number Title Regulation Identifier Number 429 ŒCargo Insurance for Property Loss or Damage .......................................................................................................... 2126–AB21 Œ DOT-designated significant regulation VerDate Mar<15>2010 22:14 Dec 17, 2010 Jkt 223001 PO 00000 Frm 00017 Fmt 1254 Sfmt 1254 E:\FR\FM\20DEP16.SGM 20DEP16 79828 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOT National Highway Traffic Safety Administration—Final Rule Stage Sequence Number Title Regulation Identifier Number 430 ŒEjection Mitigation (Reg Plan Seq No. 125) .............................................................................................................. 2127–AK23 Œ DOT-designated significant regulation References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. National Highway Traffic Safety Administration—Completed Actions Sequence Number Title Regulation Identifier Number 431 ŒPassenger Car and Light Truck Corporate Average Fuel Economy Standards MYs 2012-2016 ............................. 2127–AK50 Œ DOT-designated significant regulation Federal Railroad Administration—Proposed Rule Stage Regulation Identifier Number Sequence Number Title 432 ŒHours of Service: Passenger Train Employees (Rulemaking Resulting From a Section 610 Review) (Reg Plan Seq No. 126) ...................................................................................................................................................... 2130–AC15 Œ DOT-designated significant regulation References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. Federal Railroad Administration—Completed Actions Sequence Number Title Regulation Identifier Number 433 ŒPositive Train Control .................................................................................................................................................. 2130–AC03 Œ DOT-designated significant regulation Federal Transit Administration—Proposed Rule Stage Sequence Number Title Regulation Identifier Number 434 ŒCapital Project Management ....................................................................................................................................... 2132–AA92 Œ DOT-designated significant regulation Pipeline and Hazardous Materials Safety Administration—Final Rule Stage Sequence Number Title Regulation Identifier Number 435 ŒHazardous Materials: Revisions to Requirements for the Transportation of Lithium Batteries ................................. 2137–AE44 jlentini on DSKJ8SOYB1PROD with PROPOSALS16 Œ DOT-designated significant regulation Maritime Administration—Proposed Rule Stage Sequence Number Title Regulation Identifier Number 436 ŒCargo Preference—Compromise, Assessment, Mitigation, Settlement & Collection of Civil Penalties .................... 2133–AB75 Œ DOT-designated significant regulation VerDate Mar<15>2010 22:14 Dec 17, 2010 Jkt 223001 PO 00000 Frm 00018 Fmt 1254 Sfmt 1254 E:\FR\FM\20DEP16.SGM 20DEP16 79829 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda Department of Transportation (DOT) Office of the Secretary (OST) 408. USE OF THE SEAT–STRAPPING METHOD FOR CARRYING A WHEELCHAIR ON AN AIRCRAFT Legal Authority: 49 USC 41705 Abstract: This rulemaking would address whether carriers should be allowed to utilize the seat-strapping method to stow a passenger’s wheelchair in the aircraft cabin. Proposed Rule Stage Timetable: Action Date NPRM 03/00/11 FR Cite Regulatory Flexibility Analysis Required: Yes Agency Contact: Blane A. Workie, Attorney, Department of Transportation, Office of the Secretary, 1200 New Jersey Avenue SE, Washington, DC 20590 Phone: 202 366–9342 TDD Phone: 202 755–7687 Fax: 202 366–7152 Email: blane.workie@ost.dot.gov RIN: 2105–AD87 Department of Transportation (DOT) Office of the Secretary (OST) 409. DISADVANTAGED BUSINESS ENTERPRISE; POTENTIAL PROGRAM IMPROVEMENTS Legal Authority: 49 USC 329; 49 USC ch 401, 411, and 417; 49 USC 47107; 49 USC 47113; 49 USC 47123; PL 105— 59, sec 101(b) Abstract: This rulemaking would seek comments on alternatives concerning how to count participation by Disadvantaged Business Enterprise (DBE) firms in situations where the firms obtain items used in the performance of a contract from outside sources, including prime contractors. It would also seek comments on means of encouraging ‘‘unbundling’’ of contracts to facilitate participation by Final Rule Stage DBEs and other small businesses, on improving program forms and program oversight, and on ways of facilitating interstate certification. Timetable: Action Date ANPRM ANPRM Comment Period End NPRM NPRM Comment Period End Final Rule FR Cite 04/08/09 74 FR 15904 07/07/09 05/10/10 75 FR 25815 07/09/10 12/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Robert C Ashby, Deputy Assistant General Counsel for Regulation and Enforcement, Department of Transportation, Office of the Secretary, 1200 New Jersey Avenue SE, Washington, DC 20590 Phone: 202 366–4723 TDD Phone: 202 755–7687 Email: bob.ashby@ost.dot.gov RIN: 2105–AD75 410. ŒENHANCING AIRLINE PASSENGER PROTECTIONS—PART 2 Regulatory Plan: This entry is Seq. No. 113 in part II of this issue of the Federal Register. RIN: 2105–AD92 Department of Transportation (DOT) Office of the Secretary (OST) 411. PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS Timetable: Action jlentini on DSKJ8SOYB1PROD with PROPOSALS16 Legal Authority: 40 USC 102; 40 USC 301; 40 USC 322; 40 USC 5331; 40 USC 20140; 40 USC 31306; 40 USC 31306; 40 USC 54101 Abstract: This rulemaking would propose to amend certain provisions of its drug and alcohol testing procedures that will address collection and testing of urine specimens. These changes would affect the role and standards applying to collectors and Medical Review Officers (MROs). The proposed changes are intended to create consistency with requirements established by the U.S. Department of Health and Human Services. VerDate Mar<15>2010 22:14 Dec 17, 2010 Jkt 223001 Completed Actions Date NPRM NPRM Comment Period End Final Rule Final Rule Effective FR Cite 02/04/10 75 FR 5722 04/05/10 08/16/10 75 FR 49850 10/01/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Mr. Mark Snider, Senior Policy Advisor, Department of Transportation, Office of the Secretary, 1200 New Jersey Avenue SE, W62–300, Washington, DC 20590 Phone: 202 366–6367 Fax: 202 366–3897 Email: mark.snider@dot.gov RIN: 2105–AD95 PO 00000 Frm 00019 Fmt 1254 412. ∑ POSTING OF FLIGHT DELAY DATA ON WEBSITES (COMPLETION OF A SECTION 610 REVIEW) Legal Authority: 49 USC 329 chs 401 and 417 Abstract: This direct final rule amends the time period for uploading flight performance information to an air carrier’s website from anytime between the 20th and 23rd day of the month to the fourth Saturday of the month. Timetable: Action Date Direct Final Rule; Request for Comments Final Rule Effective Direct Final Rule; Confirmation of Effective Date FR Cite 06/21/10 75 FR 34925 07/21/10 07/22/10 75 FR 42599 Regulatory Flexibility Analysis Required: No Sfmt 1254 E:\FR\FM\20DEP16.SGM 20DEP16 79830 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOT—OST Completed Actions Agency Contact: Blane A. Workie, Attorney, Department of Transportation, Office of the Secretary, Fax: 202 366–7152 Email: blane.workie@ost.dot.gov 1200 New Jersey Avenue SE, Washington, DC 20590 Phone: 202 366–9342 TDD Phone: 202 755–7687 RIN: 2105–AE02 BILLING CODE 4910—9X—S Department of Transportation (DOT) Federal Aviation Administration (FAA) 413. ŒQUALIFICATION, SERVICE, AND USE OF CREWMEMBERS AND AIRCRAFT DISPATCHERS Regulatory Plan: This entry is Seq. No. 114 in part II of this issue of the Federal Register. RIN: 2120–AJ00 414. ŒAIR AMBULANCE AND COMMERCIAL HELICOPTER OPERATIONS; SAFETY INITIATIVES AND MISCELLANEOUS AMENDMENTS Proposed Rule Stage national airspace system (NAS). This action is necessary because it addresses the novel legal or policy issues about the minimum safety parameters for operating recreational remote control model and toy aircraft in the NAS. The intended effect of this action is to develop requirements and standards to ensure that risks are adequately mitigated, such that safety is maintained for the entire aviation community. Timetable: Regulatory Plan: This entry is Seq. No. 115 in part II of this issue of the Federal Register. Action Date NPRM 03/00/11 RIN: 2120–AJ53 Regulatory Flexibility Analysis Required: Yes 415. ŒOPERATION AND CERTIFICATION OF SMALL UNMANNED AIRCRAFT SYSTEMS (SUAS) Agency Contact: Stephen A Glowacki, Department of Transportation, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591 Phone: 202 385–4898 Email: stephen.a.glowacki@faa.gov Legal Authority: 49 USC 44701 Abstract: This rulemaking would enable small unmanned aircraft to safely operate in limited portions of the FR Cite 416. ŒREPAIR STATIONS Legal Authority: 49 USC 44701; 49 USC 44702; 49 USC 106(g); 49 USC 40113; 49 USC 44701 to 44702; 49 USC 44707; 49 USC 44709; 49 USC 44717 Abstract: This rulemaking would update and revise the regulations for repair stations. The action is necessary because many portions of the current regulations do not reflect current repair station business practices, aircraft maintenance practices, or advances in aircraft technology. Timetable: Action Date NPRM 03/00/11 Regulatory Flexibility Analysis Required: Yes Agency Contact: John J Goodwin, Department of Transportation, Federal Aviation Administration, 950 L’Enfant Plaza North SW, Washington, DC 20024 Phone: 202 385–6417 Email: john.j.goodwin@faa.gov RIN: 2120–AJ61 RIN: 2120–AJ60 jlentini on DSKJ8SOYB1PROD with PROPOSALS16 Department of Transportation (DOT) Federal Aviation Administration (FAA) 417. ŒPART 121 ACTIVATION OF ICE PROTECTION Legal Authority: 49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC 44101; 49 USC 44701; 49 USC 44705; 49 USC 44709 to 44711; 49 USC 44713; 49 USC 44716; 49 USC 44722; 49 USC 44901; 49 USC 44903; 49 USC 44912; 49 USC 46105; 49 USC 44702; 49 USC 44717; 49 USC 44904 Abstract: This rulemaking would amend the regulations applicable to operators of certain airplanes used in air carrier service and certificated for flight in icing conditions. The standards would require either the installation of ice detection equipment or changes to the Airplane Flight Manual to ensure timely activation of VerDate Mar<15>2010 22:14 Dec 17, 2010 Jkt 223001 Final Rule Stage the airframe ice protection system. This regulation is the result of information gathered from a review of icing accidents and incidents, and it is intended to improve the level of safety when airplanes are operated in icing conditions. Timetable: Action Date NPRM NPRM Comment Period End Final Rule Frm 00020 Fmt 1254 11/23/09 74 FR 61055 02/22/10 05/00/11 Sfmt 1254 Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591 Phone: 202 267–8166 Fax: 202 267–5229 Email: jerry.c.ostronic@faa.gov RIN: 2120–AJ43 FR Cite Regulatory Flexibility Analysis Required: Yes Agency Contact: Jerry Ostronic, Air Carrier Operations Branch, AFS 220, Department of Transportation, Federal PO 00000 FR Cite 418. ŒFLIGHT AND DUTY TIME LIMITATIONS AND REST REQUIREMENTS Regulatory Plan: This entry is Seq. No. 116 in part II of this issue of the Federal Register. RIN: 2120–AJ58 E:\FR\FM\20DEP16.SGM 20DEP16 79831 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda Department of Transportation (DOT) Federal Aviation Administration (FAA) 419. ∑ ŒPART 121 EXITING ICING CONDITIONS Legal Authority: 49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC 44101; 49 USC 44701; 49 USC 44702; 49 USC 44705; 49 USC 44709; 49 USC 44710; 49 USC 44711; 49 USC 44713; 49 USC 44716; 49 USC 44717; 49 USC 44722; 49 USC 44901; 49 USC 44903; 49 USC 44904; 49 USC 44912; 49 USC 46105 Abstract: This rulemaking would require detection of ice formation behind the airframe ice protection system and, upon detection, would Long-Term Actions require the pilot to exit icing conditions. If adopted, this rule would apply to aircraft with a maximum takeoff weight of less than 60,000 pounds. This rulemaking is based on recommendations from an Aviation Rulemaking Advisory Committee working group after reviewing certain accidents and incidents. The intended effect of this action is to avoid similar accidents and incidents in the future. Regulatory Flexibility Analysis Required: Yes Timetable: RIN: 2120–AJ74 Action Date NPRM Agency Contact: Robert Hettman, ANM–112, Transport Airplane Directorate, Department of Transportation, Federal Aviation Administration, 1601 Lind Avenue, SW, Renton, WA 98057 Phone: 425 227–2683 Email: robert.hettman@faa.gov FR Cite 12/00/11 Department of Transportation (DOT) Federal Aviation Administration (FAA) 420. ŒCOMMUTER OPERATIONS IN VERY LIGHT JETS (VLJS) Timetable: Action jlentini on DSKJ8SOYB1PROD with PROPOSALS16 Legal Authority: 49 USC 106(g); 49 USC 1155; 49 USC 40103; 49 USC 40113; 49 USC 40119; 49 USC 40120; 49 USC 44101; 49 USC 44111; 49 USC 44701; 49 USC 44705; 49 USC 44709 to 44713; 49 USC 44715 to 44717; 49 USC 44722; 49 USC 44901; 49 USC 44903; 49 USC 44912; 49 USC 46105; 49 USC 46306; 49 USC 46316; 49 USC 46504; 49 USC 46506; 49 USC 47122; 49 USC 47508; 49 USC 47528 to 47531; 49 USC 44702; 49 USC 44904; 49 USC 46507 Abstract: This rulemaking would establish a rule to allow passengercarrying commuter operations to be conducted under the provisions of part 135 using multiengine turbojets, certificated under either part 23 or part 25, configured with nine or fewer passenger seats. The rulemaking would allow multiengine turbojet operators to provide commuter service to the traveling public, thus accommodating new technologies and a new generation of turbojet airplanes that otherwise would not be allowed in part 135 commuter service. Since 1995, turbojets used in scheduled operations must operate under the provisions of part 121. This current rulemaking resulted, in part, from recommendations from the Aviation Rulemaking Committee for parts 14 CFR 135/125 and covers pilot crew, equipment, training, and dispatch requirements for the safe operation of this new generation airplane. VerDate Mar<15>2010 22:14 Dec 17, 2010 Jkt 223001 Completed Actions Date Terminated FR Cite 08/27/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Alberta Brown, Air Transportation Division, Department of Transportation, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591 Phone: 202 267–8321 RIN: 2120–AI84 421. ŒAUTOMATIC DEPENDENT SURVEILLANCE—BROADCAST (ADS–B) EQUIPAGE MANDATE TO SUPPORT AIR TRAFFIC CONTROL SERVICE Legal Authority: 49 USC 1155; 49 USC 40103; 49 USC 40113; 49 USC 40120; 49 USC 44101; 49 USC 44111; 49 USC 44701; 49 USC 44709; 49 USC 44711; 49 USC 44712; 49 USC 44715; 49 USC 44716; 49 USC 44717; 49 USC 44722; 49 USC 46306; 49 USC 46315; 49 USC 46316; 49 USC 46504; 49 USC 46506; 49 USC 47122; 49 USC 47508; 49 USC 47528 to 47531; 49 USC 106(g); Articles 12 and 29 of 61stat.1180; 49 USC 46507 Abstract: This rulemaking would add equipage requirements and performance standards for Automatic Dependent Surveillance-Broadcast (ADS-B) Out avionics on aircraft operating in specified classes of airspace within the U.S. National Airspace System. This action facilitates the use of ADS-B for PO 00000 Frm 00021 Fmt 1254 Sfmt 1254 aircraft surveillance by FAA and Department of Defense (DOD) air traffic controllers to safely and efficiently accommodate aircraft operations and the expected increase in demand for air transportation. This rule would also provide aircraft operators with a platform for additional flight applications and services. Timetable: Action Date NPRM NPRM Comment Period End NPRM Comment Period Extended Comment Period Extended NPRM Comment Period Reopened Comment Period End Final Action Technical Amendment Correction Final Action Effective Compliance Date FR Cite 10/05/07 72 56947 11/19/07 01/03/08 03/03/08 10/02/08 73 57270 11/03/08 05/28/10 75 30160 06/30/10 75 37712 06/30/10 75 37711 08/11/10 01/01/20 Regulatory Flexibility Analysis Required: Yes Agency Contact: Vincent Capezzuto, Federal Aviation Administration, Department of Transportation, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591 Phone: 202 385–8637 Email: vincent.capezzuto@faa.gov RIN: 2120–AI92 BILLING CODE 4910—13—S E:\FR\FM\20DEP16.SGM 20DEP16 79832 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda Department of Transportation (DOT) Federal Motor Carrier Safety Administration (FMCSA) 422. ŒUNIFIED REGISTRATION SYSTEM Legal Authority: PL 104–88; 109 Stat 803, 888 (1995); 49 USC 13908; PL 109–159, sec 4304 Abstract: This rulemaking would replace three current identification and registration systems: the US DOT number identification system, the commercial registration system, and the financial responsibility system, with an online Federal unified registration system (URS). This program would serve as a clearinghouse and depository of information on, and identification of, brokers, freight forwarders, and others required to register with the Department of Transportation. The Agency is revising this rulemaking to address amendments directed by SAFETEA-LU. The replacement system for the Single State Registration System, Proposed Rule Stage which the ICC Termination Act originally directed be merged under URS, was addressed separately in RIN 2126-AB09. The cargo insurance portion of this rulemaking has been split off into RIN 2126-AB21. Timetable: Action Date ANPRM ANPRM Comment Period End NPRM NPRM Comment Period End Supplemental NPRM FR Cite New Jersey Avenue SE., Washington, DC 20590 Phone: 202 366–0901 Email: valerie.height@dot.gov RIN: 2126–AA22 423. ŒHOURS OF SERVICE 08/26/96 61 FR 43816 10/25/96 Regulatory Plan: This entry is Seq. No. 119 in part II of this issue of the Federal Register. 05/19/05 70 FR 28990 08/17/05 RIN: 2126–AB26 03/00/11 424. ŒDRIVERS OF COMMERCIAL VEHICLES: RESTRICTING THE USE OF CELLULAR PHONES (SECTION 610 REVIEW) Regulatory Flexibility Analysis Required: Yes Agency Contact: Valerie Height, Management Analyst, Department of Transportation, Federal Motor Carrier Safety Administration, Office of Policy Plans and Regulation (MC–PRR), 1200 Regulatory Plan: This entry is Seq. No. 120 in part II of this issue of the Federal Register. RIN: 2126–AB29 Department of Transportation (DOT) Federal Motor Carrier Safety Administration (FMCSA) Timetable: 425. BROKERS OF HOUSEHOLD GOODS TRANSPORTATION BY MOTOR VEHICLE Action jlentini on DSKJ8SOYB1PROD with PROPOSALS16 Legal Authority: 49 USC 13501; SAFETEA–LU sec 4212; 49 USC 13901; 49 USC 13902 Abstract: FMCSA amends its regulations to require brokers that arrange the transportation of household goods in interstate or foreign commerce for consumers comply with certain consumer protection requirements. Brokers must provide: their U.S. DOT number on their advertisements and internet web sites; estimates of expected moving charges and brokerage fees; FMCSA pamphlets containing tips for successful moves and the consumer’s rights and responsibilities; and the broker’s policies concerning deposits, cancellations, and refunds. This rulemaking is in response to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) and a petition for rulemaking from the American Moving and Storage Association. This rulemaking is intended to ensure that individual shippers who arrange for transportation of household goods through brokers receive necessary information regarding their rights and responsibilities in connection with interstate household goods moves. VerDate Mar<15>2010 22:14 Dec 17, 2010 Jkt 223001 Final Rule Stage Date ANPRM ANPRM Comment Period End NPRM NPRM Comment Period End Final Rule FR Cite 12/22/04 69 FR 76664 02/22/05 02/08/07 72 FR 5947 05/09/07 12/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Brodie Mack, Lead Transportation Specialist, Department of Transportation, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590 Phone: 202 385–8045 Email: brodie.mac@dot.gov RIN: 2126–AA84 426. ŒNATIONAL REGISTRY OF CERTIFIED MEDICAL EXAMINERS Regulatory Plan: This entry is Seq. No. 121 in part II of this issue of the Federal Register. RIN: 2126–AA97 PO 00000 Frm 00022 Fmt 1254 Sfmt 1254 427. ŒCOMMERCIAL DRIVER’S LICENSE TESTING AND COMMERCIAL LEARNER’S PERMIT STANDARDS Legal Authority: PL 109–347, sec 703; 49 USC 31102; PL 105—178, 112 Stat 414 (1998); PL 99—570, title XII, 100 Stat.3207 (1086); PL 102—240, sec 4007(a)(1), Stat 1914, 2151; PL 109— 59 (2005), sec 4122; 49 USC 31136 Abstract: This rulemaking would establish revisions to the commercial driver’s license knowledge and skills testing standards as required by section 4019 of TEA-21, implement fraud detection and prevention initiatives at the State driver licensing agencies as required by the SAFE Port Act of 2006, and establish new minimum Federal standards for States to issue commercial learner’s permits (CLPs), based in part on the requirements of section 4122 of SAFETEA-LU. In addition to ensuring the applicant has the appropriate knowledge and skills to operate a commercial motor vehicle, this rule would establish the minimum information that must be on the CLP document and the electronic driver’s record. The rule would also establish maximum issuance and renewal periods, establish a minimum age limit, address issues related to a driver’s State of Domicile, and incorporate previous E:\FR\FM\20DEP16.SGM 20DEP16 79833 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOT—FMCSA Final Rule Stage regulatory guidance into the Federal regulations. This rule would also address issues raised in the SAFE Port Act. Timetable: Action Date NPRM NPRM Comment Period Extended FR Cite 04/09/08 73 FR 19282 06/09/08 73 FR 32520 Action Date NPRM Comment Period End Second NPRM Comment Period End Final Rule FR Cite 06/09/08 07/09/08 02/00/11 Regulatory Flexibility Analysis Required: Yes Agency Contact: Robert Redmond, Senior Transportation Specialist, Department of Transportation, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590 Phone: 202 366–5014 Email: robert.redmond@dot.gov RIN: 2126–AB02 Department of Transportation (DOT) Federal Motor Carrier Safety Administration (FMCSA) 428. ŒSAFETY MONITORING SYSTEM AND COMPLIANCE INITIATIVE FOR MEXICO–DOMICILED MOTOR CARRIERS OPERATING IN THE UNITED STATES Legal Authority: PL 107–87, sec 350; 49 USC 113; 49 USC 31136; 49 USC 31144; 49 USC 31502; 49 USC 504; 49 USC 5113; 49 USC 521(b)(5)(A) Abstract: This rule would implement a safety monitoring system and compliance initiative designed to evaluate the continuing safety fitness of all Mexico-domiciled carriers within 18 months after receiving a provisional Certificate of Registration or provisional authority to operate in the United States. It also would establish suspension and revocation procedures for provisional Certificates of Registration and operating authority, and incorporate criteria to be used by FMCSA in evaluating whether Mexicodomiciled carriers exercise basic safety Long-Term Actions management controls. The interim rule included requirements that were not proposed in the NPRM but which are necessary to comply with the FY-2002 DOT Appropriations Act. On January 16, 2003, the Ninth Circuit Court of Appeals remanded this rule, along with two other NAFTA-related rules, to the agency, requiring a full environmental impact statement and an analysis required by the Clean Air Act. On June 7, 2004, the Supreme Court reversed the Ninth Circuit and remanded the case, holding that FMCSA is not required to prepare the environmental documents. FMCSA originally planned to publish a final rule by November 28, 2003. FMCSA will determine the next steps to be taken after enactment of any pending legislation authorizing cross border trucking. Timetable: Action Date NPRM FR Cite 05/03/01 66 FR 22415 Action Date Regulatory Flexibility Analysis Required: Yes Agency Contact: Dominick Spataro, Chief, Borders Division, Department of Transportation, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590 Phone: 202 266–2995 Email: dom.spataro@dot.gov RIN: 2126–AA35 jlentini on DSKJ8SOYB1PROD with PROPOSALS16 Department of Transportation (DOT) Federal Motor Carrier Safety Administration (FMCSA) 429. ŒCARGO INSURANCE FOR PROPERTY LOSS OR DAMAGE Legal Authority: 49 USC 13906 Abstract: This final rule would eliminate the requirement for most forhire motor carriers of property and freight forwarders to maintain cargo insurance in prescribed minimum amounts and file evidence of this insurance with FMCSA. Household goods motor carriers and household VerDate Mar<15>2010 22:14 Dec 17, 2010 Jkt 223001 Completed Actions goods freight forwarders would continue to be subject to this cargo insurance requirement. This rule was split from RIN 2126-AA22. Timetable: Action Date Final Rule Final Rule Effective FR Cite 06/22/10 75 FR 35318 03/21/11 Regulatory Flexibility Analysis Required: Yes PO 00000 Frm 00023 Fmt 1254 FR Cite NPRM Comment 07/02/01 Period End Interim Final Rule 03/19/02 67 FR 12758 Interim Final Rule 04/18/02 Comment Period End Interim Final Rule 05/03/02 Effective Notice of Intent To 08/26/03 68 FR 51322 Prepare an EIS EIS Public Scoping 10/08/03 68 FR 58162 Meetings Next Action Undetermined Sfmt 1254 Agency Contact: Brodie Mack, Lead Transportation Specialist, Department of Transportation, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590 Phone: 202 385–8045 Email: brodie.mac@dot.gov RIN: 2126–AB21 BILLING CODE 4910—EX—S E:\FR\FM\20DEP16.SGM 20DEP16 79834 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda Department of Transportation (DOT) National Highway Traffic Safety Administration (NHTSA) Final Rule Stage 430. ŒEJECTION MITIGATION Regulatory Plan: This entry is Seq. No. 125 in part II of this issue of the Federal Register. RIN: 2127–AK23 Department of Transportation (DOT) National Highway Traffic Safety Administration (NHTSA) 431. ŒPASSENGER CAR AND LIGHT TRUCK CORPORATE AVERAGE FUEL ECONOMY STANDARDS MYS 2012–2016 Legal Authority: 49 USC 32902; delegation of authority at 49 CFR 1.50 Abstract: This rulemaking would address Corporate Average Fuel Economy (CAFE) standards for light trucks and passenger cars for model years 2012—2016. CAFE standards Completed Actions must be set at least 18 months prior to the start of a model year. Timetable: Action Date NPRM NPRM Comment Period End Final Rule Final Rule Effective FR Cite 09/28/09 74 FR 49453 11/27/09 05/07/10 75 FR 25324 07/06/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Stephen Wood, Director, Rulemaking Division, Department of Transportation, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590 Phone: 202 366–2992 Email: steve.wood@nhtsa.dot.gov RIN: 2127–AK50 BILLING CODE 4910—59—S Department of Transportation (DOT) Federal Railroad Administration (FRA) Proposed Rule Stage 432. ŒHOURS OF SERVICE: PASSENGER TRAIN EMPLOYEES (RULEMAKING RESULTING FROM A SECTION 610 REVIEW) Regulatory Plan: This entry is Seq. No. 126 in part II of this issue of the Federal Register. RIN: 2130–AC15 jlentini on DSKJ8SOYB1PROD with PROPOSALS16 Department of Transportation (DOT) Federal Railroad Administration (FRA) 433. ŒPOSITIVE TRAIN CONTROL Legal Authority: PL 110—432, sec 104 (Codified at 49 USC 20157); Rail Safety Improvement Act of 2008 Abstract: This rulemaking would regulate the submission of Positive Train Control plans; the implementation of the Positive Train Control Systems; and the qualification, installation, maintenance and use of the these systems required under 49 USC 20157 or specifically required by the Federal Railroad Administration. A Final Rule with Request for comments VerDate Mar<15>2010 22:14 Dec 17, 2010 Jkt 223001 Completed Actions was issued on 01/16/2010 and FRA is currently preparing responses to the comments received. Timetable: Action Date NPRM NPRM Comment Period End Final Rule; Request for Comments Final Rule Effective Final Rule Final Rule Effective PO 00000 Frm 00024 Fmt 1254 FR Cite 07/21/09 74 FR 35950 08/20/09 01/15/10 75 FR 2598 03/16/10 09/27/10 75 FR 59108 11/26/10 Sfmt 1254 Regulatory Flexibility Analysis Required: Yes Agency Contact: Kathryn Shelton, Trial Attorney, Department of Transportation, Federal Railroad Administration, 1200 New Jersey Avenue SE., Washington, DC 20590 Phone: 202 493–6063 Email: kathryn.shelton@fra.dot.gov RIN: 2130–AC03 BILLING CODE 4910—06—S E:\FR\FM\20DEP16.SGM 20DEP16 79835 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda Department of Transportation (DOT) Federal Transit Administration (FTA) 434. ŒCAPITAL PROJECT MANAGEMENT Legal Authority: 49 USC 5327(e) Abstract: The Federal Transit Administration (FTA) is proposing to transform its Project Management Oversight rule at 49 CFR part 633 into a Project Management rule governing all major capital projects funded under 49 U.S.C. chapter 53. As the first step in the rulemaking process, this rulemaking will obtain the views of the industry, other stakeholders, and the pubic on a number of subjects, including, specifically, the appropriate scope of such a rule; the definition of ‘‘major capital project’’; the technical Proposed Rule Stage capacity and capability of project sponsors; the requirements for Project Management Plans; readiness criteria for major capital projects; the role of risk assessments in project development; and financial plans for major capital projects. Action Timetable: Agency Contact: Jayme Blakesley, Attorney–Advisor, Department of Transportation, Federal Transit Administration, 1200 New Jersey Avenue, SE, Washington, DC 20590 Phone: 202 366–0304 Email: jayme.blakesley@dot.gov Action Date ANPRM ANPRM Comment Period End ANPRM Comment Period Extended FR Cite 09/10/09 74 FR 46515 11/09/09 11/10/09 74 FR 55279 Date ANPRM Extended Comment Period End NPRM BILLING CODE 4910—57—S Legal Authority: 49 USC 5101 et seq Abstract: This rulemaking would amend the Hazardous Materials Regulations to comprehensively address the safe transportation of lithium cells and batteries. The intent of the rulemaking is to strengthen the current regulatory framework by imposing more effective safeguards, including design testing to address risks related to Action Date NPRM NPRM Comment Period End Final Rule FR Cite 01/11/10 75 FR 1302 03/12/10 Final Rule Stage Regulatory Flexibility Analysis Required: Yes Agency Contact: Kevin Leary, Transportation Specialist, Department of Transportation, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590 Phone: 202 366–8553 Email: kevin.leary@dot.gov RIN: 2137–AE44 BILLING CODE 4910—60—S 01/00/11 Department of Transportation (DOT) Maritime Administration (MARAD) Legal Authority: PL 110—417 jlentini on DSKJ8SOYB1PROD with PROPOSALS16 Abstract: This rulemaking would establish part 383 of the Cargo Preference regulations. This rulemaking would cover Public Law 110-417, section 3511 National Defense Authorization Act for FY2009 statutory VerDate Mar<15>2010 22:14 Dec 17, 2010 Jkt 223001 12/00/10 RIN: 2132–AA92 internal short circuits, and enhanced packaging, hazard communication, and operational measures for various types and sizes of lithium batteries in specific transportation contexts. The rulemaking responds to several recommendations issued by the National Transportation Safety Board. Timetable: 436. ŒCARGO PREFERENCE— COMPROMISE, ASSESSMENT, MITIGATION, SETTLEMENT & COLLECTION OF CIVIL PENALTIES 01/08/10 Regulatory Flexibility Analysis Required: Yes Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) 435. ŒHAZARDOUS MATERIALS: REVISIONS TO REQUIREMENTS FOR THE TRANSPORTATION OF LITHIUM BATTERIES FR Cite Proposed Rule Stage changes to the cargo preference rules, which have not been substantially revised since 1971. The rulemaking also would include compromise, assessment, mitigation, settlement, and collection of civil penalties. Timetable: Action Date NPRM FR Cite 12/00/10 Regulatory Flexibility Analysis Required: Yes PO 00000 Frm 00025 Fmt 1254 Sfmt 1254 Agency Contact: Christine Gurland, Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE., Washington, DC 20590 Phone: 202 366–5157 Email: christine.gurland@dot.gov RIN: 2133–AB75 [FR Doc. 2010–30462 Filed 12–17–10; 8:45 am] BILLING CODE 4910–81–S E:\FR\FM\20DEP16.SGM 20DEP16

Agencies

[Federal Register Volume 75, Number 243 (Monday, December 20, 2010)]
[Unknown Section]
[Pages 79811-79835]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30462]


[[Page 79811]]

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Part XIII





Department of Transportation





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###Semiannual Regulatory Agenda###

[[Page 79812]]



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). Our regulations 
should be clear, simple, timely, fair, reasonable, and necessary. 
They should not be issued without appropriate involvement of the 
public; once issued, they should be periodically reviewed and 
revised, as needed, to assure that they continue to meet the needs 
for which they originally were designed. To view additional 
information about the Department of Transportation's regulatory 
activities online, go to http://regs.dot.gov. Among other things, 
this website provides a report, updated monthly, on the status of 
the DOT significant rulemakings listed in the semi-annual Agenda.

    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 April 26, 2010 (75 FR 21840). The next one 
is scheduled for publication in the Federal Register in spring 
2011.

    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 fall 2010 
memorandum from the Office of Management and Budget.

[[Page 79813]]

    First, the agenda is divided by initiating offices. Then, the 
agenda is divided into five categories: (1) Prerule stage, (2) 
proposed rule stage, (3) final 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.

Consultation With State, Local, and Tribal Governments

    Executive Orders 13132 and 13175 require us to develop an 
accountable process to ensure ``meaningful and timely input'' by 
State, local, and tribal officials in the development of regulatory 
policies that have federalism or tribal implications. These 
policies are defined in the Executive Orders to include regulations 
that have ``substantial direct effects'' on States or Indian 
tribes, on the relationship between the Federal Government and 
them, or on the distribution of power and responsibilities between 
the Federal Government and various levels of government or Indian 
tribes. Therefore, we encourage State and local governments or 
Indian tribes 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: September 24, 2010.

 Ray LaHood,

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

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

    (Name of contact person), (Name of the DOT agency), 1200 New 
Jersey Avenue SE., Washington, DC 20590. (For the Federal Aviation 
Administration, substitute the following address: Office of 
Rulemaking, ARM-1,

[[Page 79814]]

800 Independence Avenue SW., Washington, DC 20591).

Appendix B--General Rulemaking Contact Persons

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

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

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

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

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

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

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

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

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

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

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

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

Appendix C--Public Rulemaking Dockets

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

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

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

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

Section 610 Review Plan

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

Other Review Plan(s)

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

Changes to the Review Plan

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

Part II-- The Review Process
The Analysis

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

Section 610 Review

    The Agency will analyze each of the rules in a given year's 
group to determine whether any rule has a SEIOSNOSE and, thus, 
requires review in accordance with section 610 of the Regulatory 
Flexibility Act. The level of analysis will, of course, depend on 
the nature of the rule and its applicability. Publication of 
agencies' section 610 analyses listed each fall in this agenda 
provides the public with notice and an opportunity to comment 
consistent with

[[Page 79815]]

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
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations To Be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
1           49 CFR parts 91 through 99 and 14 CFR parts 200 through 212.............          2008          2009
2           48 CFR parts 1201 through 1253 and new parts and subparts...............          2009          2010
3           14 CFR parts 213 through 232............................................          2010          2011
4           14 CFR parts 234 through 254............................................          2011          2012
5           14 CFR parts 255 through 298 and 49 CFR part 40.........................          2012          2013
6           14 CFR parts 300 through 373............................................          2013          2014
7           14 CFR parts 374 through 398............................................          2014          2015
8           14 CFR part 399 and 49 CFR parts 1 through 11...........................          2015          2016
9           49 CFR parts 17 through 28..............................................          2016          2017
10          49 CFR parts 29 through 39 and parts 41 through 89......................          2017          2018
----------------------------------------------------------------------------------------------------------------

Year 1 (fall 2008) List of rules analyzed and a summary of results
49 CFR part 93 -- Aircraft Allocation
 Section 610: There is no SEIOSNOSE.
 General: The agency will propose revising this regulation to 
reflect a transfer of the functions from the Office of Emergency 
Transportation (OET) to the Office of Intelligence, Security and 
Response (S-60). OET was absorbed into S-60 and no longer exists as a 
separate office. The proposed changes will not cause an economic 
impact.
Year 1 (fall 2008) List of rules with ongoing analysis
49 CFR part 91--International Air Transportation Fair Competitive 
Practices
49 CFR part 92--Recovering Debts to the United States by Salary Offset
49 CFR part 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

[[Page 79816]]

14 CFR part 205--Aircraft Accident Liability Insurance
14 CFR part 206--Certificates of Public Convenience and Necessity: 
Special Authorizations and Exemptions
14 CFR part 207--Charter Trips by U.S. Scheduled Air Carriers
14 CFR part 208--Charter Trips by U.S. charter air Carriers
14 CFR part 211--Applications for Permits to Foreign Air Carriers
14 CFR part 212--Charter Rules for U.S. and Foreign Direct Air Carriers
Year 2 (fall 2009) List of rules analyzed and a summary of results
48 CFR part 1201--Federal Acquisition Regulations System
 Section 610: There is no SEIOSNOSE.
 General: This rule prescribes Agency control and compliance 
procedures concerning the proliferation of acquisition regulations and 
any revisions. M-60's plain language review of this rule indicates 
minor editorial changes are needed but no need for substantial 
revision.
48 CFR part 1202--Definitions of Words and Terms
 Section 610: There is no SEIOSNOSE.
 General: This rule provides definitions of words and terms 
concerning acquisitions in DOT. M-60's plain language review of this 
rule indicates no need for substantial revision.
48 CFR part 1203--Improper Business Practices and Personal Conflicts of 
Interest
 Section 610: There is no SEIOSNOSE.
 General: This rule provides process for reporting suspected 
violations of the Gratuities clause. M-60's plain language review of 
this rule indicates minor editorial changes are needed but no need for 
substantial revision.
48 CFR part 1204--Administrative Matters
 Section 610: There is no SEIOSNOSE.
 General: This rule provides procedures for closing out 
contract files and supporting closeout documents. M-60's plain language 
review of this rule indicates no need for substantial revision.
48 CFR part 1205--Publicizing Contract Actions
 Section 610: There is no SEIOSNOSE.
 General: This rule provides methods of disseminating 
information. M-60's plain language review of this rule indicates no 
need for substantial revision.
48 CFR part 1206--Competition Requirements
 Section 610: There is no SEIOSNOSE.
 General: This rule provides information concerning competition 
advocates. M-60's plain language review of this rule indicates no need 
for substantial revision.
48 CFR part 1207--Acquisition Planning
 Section 610: There is no SEIOSNOSE.
 General: This rule provides information concerning 
requirements which will be followed when cost comparisons between 
Government and Contractor performance are conducted. M-60's plain 
language review of this rule indicates no need for substantial 
revision.
48 CFR part 1211--Describing Agency Needs
 Section 610: There is no SEIOSNOSE.
 General: This provides information concerning the need to 
include, as applicable, safeguards to ensure safety, security, and 
environmental protection in requirements documents. M-60's plain 
language review of this rule indicates no need for substantial 
revision.
48 CFR part 1213--Simplified Acquisition Procedures
 Section 610: There is no SEIOSNOSE.
 General: This provides DOT procedures for acquiring training 
services. M-60's plain language review of this rule indicates no need 
for revision.
48 CFR part 1214--Sealed Bidding
 Section 610: There is no SEIOSNOSE.
 General: This rule provides for telegraphic bids to be 
communicated provided procedures have been established by the COCO. M-
60's plain language review of this rule indicates no need for revision.
48 CFR part 1215--Contracting By Negotiation
 Section 610: There is no SEIOSNOSE.
 General: This rule provides information concerning the 
solicitation and receipt of proposals and information including 
evaluation. M-60's plain language review of this rule indicates no need 
for substantial revision.
48 CFR part 1216--Types of Contracts
 Section 610: There is no SEIOSNOSE.
 General: This rule provides information concerning Fixed-Price 
Contracts, Incentive Contracts, Indefinite-Delivery Contracts, and 
Time-and-Materials, Labor-Hour, and Letter Contracts. M-60's plain 
language review of this rule indicates no need for substantial 
revision.
48 CFR part 1217--Special Contracting Methods
 Section 610: There is no SEIOSNOSE.
 General: This rule provides procedures for fixed price 
contracts for vessel repair, alteration, or conversion. M-60's plain 
language review of this rule indicates no need for substantial 
revision.
48 CFR part 1219--Small Business Programs

[[Page 79817]]

 Section 610: There is no SEIOSNOSE.
 General: This rule addresses contracting issues associated 
with subcontracting with Small Business, Small Disadvantaged Business, 
and Women-Owned Small Business concerns. It also provides some 
discussion of small business competitiveness demonstration program.
48 CFR part 1222--Application of Labor Laws to Government Acquisitions
 Section 610: There is no SEIOSNOSE.
 General: This rule covers aspects of basic labor policies and 
labor standards. Particular focus is directed to labor standards 
involving construction.
48 CFR part 1223--Environment, Energy and Water Efficiency, Renewable 
Energy Technologies, Occupational Safety, and Drug-Free Workplace
 Section 610: There is no SEIOSNOSE.
 General: This rule addresses safety requirements for selected 
DOT contracts. The emphasis here is on hazardous material 
identification and material safety data.
48 CFR part 1224--Protection of Privacy and Freedom of Information
 Section 610: There is no SEIOSNOSE.
 General: This rule includes discussion of procedures and 
appeals processes with a focus on the Freedom of Information Act.
48 CFR part 1227--Patents, Data, and Copyrights
 Section 610: There is no SEIOSNOSE.
 General: This rule includes discussion of procedures and 
appeals processes.
48 CFR part 1228--Bonds and Insurance
 Section 610: There is no SEIOSNOSE.
 General: This rule covers bonds and other financial 
protections, insurance, and performance and payment bonds for certain 
contracts.
48 CFR part 1231--Contract Cost Principles and Procedures
 Section 610: There is no SEIOSNOSE.
 General: This rule discusses contracts with commercial 
organizations.
48 CFR part 1232--Contract Financing
 Section 610: There is no SEIOSNOSE.
 General: This rule focuses on contract payment processes.
48 CFR part 1233--Protests, Disputes, and Appeals
 Section 610: There is no SEIOSNOSE.
 General: This rule focuses on the protests, disputes, and 
appeals process with a particular emphasis on CO decisions and 
alternative dispute resolution.
48 CFR part 1234--[Reserved]
48 CFR part 1235--Research and Development Contracting
 Section 610: There is no SEIOSNOSE.
 General: This rule includes discussion of research and 
development contracting and provides discussion on research misconduct.
48 CFR part 1236--Construction and Architect-Engineer Contracts
 Section 610: There is no SEIOSNOSE.
 General: This rule covers contract clauses for construction 
and architect-engineer contracts. It also includes discussion of 
special precautions for work at operating airports.
48 CFR part 1237--Service Contracting
 Section 610: There is no SEIOSNOSE.
 General: This rule includes information relating to DOT 
procedures for acquiring training services, and solicitation provisions 
and contract clauses.
48 CFR part 1239--Acquisition of Information Technology
 Section 610: There is no SEIOSNOSE.
 General: This rule includes solicitation procedures and 
contract clauses.
48 CFR part 1242--Contract Administration and Audit Services
 Section 610: There is no SEIOSNOSE.
 General: This rule includes appropriate contract clauses for 
use in audit services.
48 CFR part 1245--Government Property
 Section 610: There is no SEIOSNOSE.
 General: This rule focuses on the management of government 
property, reporting results of inventory, and audit of property control 
systems.
48 CFR part 1246--Quality Assurance
 Section 610: There is no SEIOSNOSE.
 General: This rule incorporates a discussion of warranties, 
and warranty terms and conditions.
48 CFR part 1247--Transportation
 Section 610: There is no SEIOSNOSE.
 General: This rule focuses on ocean transportation by U.S.-
flag vessels.
48 CFR part 1252--Solicitation Provisions and Contract Clauses
 Section 610: There is no SEIOSNOSE.

[[Page 79818]]

 General: This rule includes, but is not limited to, evaluation 
of offers subject to an economic price adjustment, determination of 
award, performance evaluation plans, distribution of award fee, 
settlement of letter contracts, contract performance, subcontracts and 
liability and insurance.
48 CFR part 1253--Forms
 Section 610: There is no SEIOSNOSE.
 General: This rule includes prescriptions and illustrations of 
forms.
Year 3 (fall 2010) List of rules to be analyzed during the next year
14 CFR part 213--Terms, Conditions, and Limitations of Foreign Air 
Carrier Permits
14 CFR part 214--Terms, Conditions, and Limitations of Foreign Air 
Carrier Permits Authorizing Charter Transportation Only
14 CFR part 215--Use and Change of Names of Air Carriers, Foreign Air 
Carriers and Commuter Air Carriers
14 CFR part 216--Comingling of Blind Sector Traffic by Foreign Air 
Carriers
14 CFR part 217--Reporting Traffic Statistics by Foreign Air Carriers 
in Civilian Scheduled, Charter, and Nonscheduled Services
14 CFR part 218--Lease by Foreign Air Carrier or Other Foreign Person 
of Aircraft With Crew
14 CFR part 221--Tariffs
14 CFR part 222--Intermodal Cargo Services by Foreign Air Carriers
14 CFR part 223--Free and Reduced-Rate Transportation
14 CFR part 232--Transportation of Mail, Review of Orders of Postmaster 
General

                                         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, two-year process used by most 
DOT modes in past plans. As such, the FAA has divided its rules into 10 
groups as displayed in the table below. During the first year (the 
``analysis year''), all rules published during the previous 10 years 
within a 10% block of the regulations will be analyzed to identify 
those with a SEIONOSE. 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 3 (fall 2010) List of rules analyzed and summary of results
14 CFR part 141--Pilot Schools
 Section 610: The agency conducted a Section 610 review of this 
part and found no SEISNOSE.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. FAA's plain language review of 
these rules indicates no need for substantial revision.
14 CFR part 142--Training Centers
 Section 610: The agency conducted a Section 610 review of this 
part and found no SEISNOSE.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. FAA's plain language review of 
these rules indicates no need for substantial revision.
14 CFR part 145--Repair Stations
 Section 610: The agency conducted a Section 610 review of this 
part and found no SEISNOSE.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. FAA's plain language review of 
these rules indicates no need for substantial revision.
14 CFR part 147--Aviation Maintenance Technician Schools
 Section 610: The agency conducted a Section 610 review of this 
part and found no SEISNOSE.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. FAA's plain language review of 
these rules indicates no need for substantial revision.
14 CFR part 170--Establishment and Discontinuance Criteria for Air 
Traffic Control Services and Navigational Facilities
 Section 610: The agency conducted a Section 610 review of this 
part and found no SEISNOSE.

[[Page 79819]]

 General: No changes are needed. These regulations are cost 
effective and impose the least burden. FAA's plain language review of 
these rules indicates no need for substantial revision.
14 CFR part 171--Non-Federal Navigation Facilities
 Section 610: The agency conducted a Section 610 review of this 
part and found no SEISNOSE.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. FAA's plain language review of 
these rules indicates no need for substantial revision.
14 CFR part 183--Representatives of the Administrator
 Section 610: The agency conducted a Section 610 review of this 
part and found no SEISNOSE.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. FAA's plain language review of 
these rules indicates no need for substantial revision.
14 CFR part 185--Testimony by Employees And Production of Records in 
Legal Proceedings, and Service of Legal Process and Pleadings
 Section 610: 14 CFR part 185 does not affect small entities. 
Therefore, amendments to it cannot have a SEISNOSE.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. FAA's plain language review of 
these rules indicates no need for substantial revision.
14 CFR part 187--Fees
 Section 610: The agency conducted a Section 610 review of this 
part and found no SEISNOSE.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. FAA's plain language review of 
these rules indicates no need for substantial revision.
Year 4 (fall 2011) List of rules to be analyzed during the next year
14 CFR part 189--Use of Federal Aviation Administration Communications 
System 14 14 CFR part 198-Aviation Insurance
14 CFR part 1--Definitions and Abbreviations
14 CFR part 3--General Requirements
14 CFR part 11--General Rulemaking Procedures
14 CFR part 13--Investigative and Enforcement Procedures
14 CFR part 14--Rules Implementing the Equal Access to Justice Act of 
1980
14 CFR part 15--Administrative Claims Under Federal Tort Claims Act
14 CFR part 16--Rules of Practice for Federally Assisted Airport 
Enforcement Proceedings

                                         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 to 260...................................................          2009          2010
3           23 CFR parts 420 to 470.................................................          2010          2011
4           23 CFR part 500.........................................................          2011          2012
5           23 CFR parts 620 to 637.................................................          2012          2013
6           23 CFR parts 645 to 669.................................................          2013          2014
7           23 CFR 710 to 924.......................................................          2014          2015
8           23 CFR 940 to 973.......................................................          2015          2016
9           23 CFR parts 1200 to 1252...............................................          2016          2017
10          New parts and subparts..................................................          2017          2018
----------------------------------------------------------------------------------------------------------------

Federal-Aid Highway Program
The FHWA has adopted regulations in title 23 of the CFR, chapter I, 
related to the Federal-Aid Highway Program. These regulations implement 
and carry out the provisions of Federal law relating to the 
administration of Federal aid for highways. The primary law authorizing 
Federal aid for highways is chapter I of title 23 of the U.S.C. Section 
145 of title 23 expressly provides for a federally assisted State 
program. For this reason, the regulations adopted by the FHWA in title 
23 of the CFR primarily relate to the requirements that States must 
meet to receive Federal funds for the construction and other work 
related to highways. Because the regulations in title 23 primarily 
relate to States, which are not defined as small entities under the 
Regulatory Flexibility Act, the FHWA believes that its regulations in 
title 23 do not have a significant economic impact on a substantial 
number of small entities. The FHWA solicits public comment on this 
preliminary conclusion.
Year 2 (fall 2009) List of rules analyzed and a summary of results
23 CFR part 1--General
 Section 610: No SEIOSNOSE. No small entities are affected.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. FHWA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR part 140--Reimbursement
 Section 610: No SEIOSNOSE. This section applies primarily to 
State transportation agencies that are not small entities.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. FHWA's plain language review of 
these rules indicates no need for substantial revision.

[[Page 79820]]

23 CFR part 172--Administration of Engineering and Design-Related 
Service Contracts
 Section 610: No SEIOSNOSE. This section applies primarily to 
State transportation agencies that are not small entities.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. FHWA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR part 180--Credit Assistance for Surface Transportation Projects
 Section 610: No SEIOSNOSE. This section applies primarily to 
State transportation agencies that are not small entities.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. FHWA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR part 190--Incentive Payments for Controlling Outdoor Advertising 
on the Interstate System
 Section 610: No SEIOSNOSE. This section applies primarily to 
State transportation agencies that are not small entities.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. FHWA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR part 192--Drug Offender's Driver's License Suspension
 Section 610: No SEIOSNOSE. This section applies primarily to 
State transportation agencies that are not small entities.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. FHWA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR part 200--Title VI Program and Related Statutes-Implementation 
and Review procedures
 Section 610: No SEIOSNOSE. This section applies primarily to 
State transportation agencies that are not small entities.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. FHWA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR part 230--External Programs
 Section 610: No SEIOSNOSE. Some small entities may be 
affected, but the economic impact on small entities will not be 
significant.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. FHWA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR part 260--Education and Training Programs
 Section 610: No SEIOSNOSE. No small entities are affected.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. FHWA's plain language review of 
these rules indicates no need for substantial revision.
Year 3 (fall 2010) List of rules that will be analyzed during the next 
year
23 CFR part 420--Planning and Research Program Administration
23 CFR part 450--Planning Assistance and Standards
23 CFR part 460--Public Road Mileage for Apportionment of Highway 
Safety Funds
23 CFR part 470--Highway Systems

                                   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
----------------------------------------------------------------------------------------------------------------

Year 2 (fall 2009) List of rules analyzed and a summary of results
49 CFR part 386--Rules of Practice for Motor Carrier, Broker, Freight 
Forwarder, and Hazardous Materials Proceedings
 Section 610: There is SEIOSNOSE, as a significant number of 
small entities are affected by fees and reporting requirements in the 
regulation. It was found that the cost of a formal hearing to appeal a 
decision may have a significant impact on small firms.
 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
 This has been postponed, due to initiation of new rulemaking; 
Agency is set to publish in July 2011.
Year 2 (fall 2009) List of rules with ongoing analysis
49 CFR part 389--Rulemaking Procedures -- Federal Motor Carrier Safety 
Regulations
Year 3 (fall 2010) List of rules that will be analyzed during the next 
year
49 CFR part 325--Compliance With Interstate Motor Carrier Noise 
Emission

[[Page 79821]]

49 CFR part 388--Cooperative Agreements With States
49 CFR part 350--Commercial Motor Carrier Safety Assistance Program
49 CFR part 355--Compatibility of State Laws and Regulations Affecting 
Interstate Motor Carrier Operations

                                 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 2 (fall 2009) List of rules analyzed and a summary of the results
23 CFR part 1200--Uniform Procedures for State Highway Safety Programs
 Section 610: No SEIOSNOSE. No small entities are affected.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR part 1205--Highway Safety Programs; Determinations of 
Effectiveness
 Section 610: No SEIOSNOSE. No small entities are affected.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR part 1206--Rules of Procedure for Invoking Sanctions Under the 
Highway Safety Act of 1966
 Section 610: No SEIOSNOSE. No small entities are affected.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR part 1208--National Minimum Drinking Age
 Section 610: No SEIOSNOSE. No small entities are affected.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR part 1210--Operation of Motor Vehicles by Intoxicated Minors
 Section 610: No SEIOSNOSE. No small entities are affected.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR part 1215--Use of Safety Belts--Compliance and Transfer-of-Funds 
Procedures
 Section 610: No SEIOSNOSE. No small entities are affected.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR part 1225--Operation of Motor Vehicles by Intoxicated Persons
 Section 610: No SEIOSNOSE. No small entities are affected.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR part 1235--Uniform System for Parking for Persons with 
Disabilities
 Section 610: No SEIOSNOSE. No small entities are affected.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR part 1240--Safety Incentive Grants for Use of Seat Belts-
Allocations Based on Seat Belt Use Rates
 Section 610: No SEIOSNOSE. No small entities are affected.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR part 1250--Political Subdivision Participation in State Highway 
Safety Programs
 Section 610: No SEIOSNOSE. No small entities are affected.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR part 1251--State Highway Safety Agency
 Section 610: No SEIOSNOSE. No small entities are affected.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.

[[Page 79822]]

23 CFR part 1252--State Matching of Planning and Administration Costs
 Section 610: No SEIOSNOSE. No small entities are affected.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR part 1270--Open Container Laws
 Section 610: No SEIOSNOSE. No small entities are affected.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR part 1275--Repeat Intoxicated Driver Laws
 Section 610: No SEIOSNOSE. No small entities are affected.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR part 1313--Incentive Grant Criteria for Alcohol-Impaired Driving 
Prevention Programs
 Section 610: No SEIOSNOSE. No small entities are affected.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR part 1327-Procedures for Participating in and Receiving 
Information From the National Driver Register Problem Driver Pointer 
System
 Section 610: No SEIOSNOSE. No small entities are affected.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR part 1335--State Highway Safety Data Improvements
 Section 610: No SEIOSNOSE. No small entities are affected.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR part 1340--Uniform Criteria for State Observational Surveys of 
Seat Belt Use
 Section 610: No SEIOSNOSE. No small entities are affected.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR part 1345--Incentive Grant Criteria for Occupant Protection 
Programs
 Section 610: No SEIOSNOSE. No small entities are affected.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR part 1350--Incentive Grant Criteria for Motorcycle Safety 
Program
 Section 610: No SEIOSNOSE. No small entities are affected.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
Year 3 (fall 2010) List of rules that will be analyzed during the next 
year
49 CFR part 501--Organization and Delegation of Powers and Duties
49 CFR part 509--OMB Control Numbers for Information Collection 
Requirements
49 CFR part 510--Information Gathering Powers
49 CFR part 511--Adjudicative Procedures
49 CFR part 512--Confidential Business Information
49 CFR part 520--Procedures for Considering Environmental Impacts
49 CFR part 523--Vehicle Classification
49 CFR part 525--Exemptions from Average Fuel Economy Standards
49 CFR part 526--Petitions and Plans for Relief Under the Automobile 
Fuel Efficiency Act of 1980
49 CFR 571.213--Child Restraint Systems

                                         FEDERAL RAILROAD ADMINISTRATION
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations To Be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
1           49 CFR parts 200 and 201................................................          2008          2009
2           49 CFR parts 207, 209, 211, 215, 238, and 256...........................          2009          2010
3           49 CFR parts 210, 212, 214, 217, and 268................................          2010          2011
4           49 CFR part 219.........................................................          2011          2012
5           49 CFR parts 218, 221, 241, and 244.....................................          2012          2013
6           49 CFR parts 216, 228, and 229..........................................          2013          2014
7           49 CFR parts 223 and 233................................................          2014          2015
8           49 CFR parts 224, 225, 231, and 234.....................................          2015          2016
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
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[[Page 79823]]

Year 2 (fall 2009) List of rules analyzed and a summary of results
49 FR part 207--Railroad Police Officers
 Section 610: There is no SEIOSNOSE.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. FRA's plain language review of 
this rule indicates no need for substantial revision.
49 CFR part 209--Railroad Safety Enforcement Procedures
 Section 610: There is no SEIOSNOSE.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. FRA's plain language review of 
this rule indicates no need for substantial revision.
49 CFR part 211--Rules of Practice
 Section 610: There is no SEIOSNOSE.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. FRA's plain language review of 
this rule indicates no need for substantial revision.
49 CFR part 215--Railroad Freight Car Safety Standards
 Section 610: There is a SEIOSNOSE.
 General: No changes are needed. This rule already limits 
economic impact on small entities through Appendix D of the rule. FRA's 
plain language review of this rule indicates no need for substantial 
revision.
49 CFR part 238--Passenger Equipment Safety Standards
 Section 610: There is no SEIOSNOSE.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. FRA's plain language review of 
this rule indicates no need for substantial revision.
49 CFR part 256--Financial Assistance for Railroad Passenger Terminals
 Section 610: There is no SEIOSNOSE.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. FRA's plain language review of 
the rule indicates no need for substantial revision.
Year 3 (fall 2010) List of rule(s) that will be analyzed during next 
year
49 CFR part 210--Railroad Noise Emission Compliance Regulations
49 CFR part 212--State Safety Participation Regulations
49 CFR part 214--Railroad Workplace Safety
49 CFR part 217--Railroad Operating Rules
49 CFR part 268--Magnetic Levitation Transportation Technology 
Deployment