Department Regulatory Agenda; Semiannual Summary, 40092-40113 [2011-15494]
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Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda
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
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Chs. I–III
23 CFR Chs. I–III
SUPPLEMENTARY INFORMATION:
33 CFR Chs. I and IV
Background
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
Office of the Secretary, DOT.
Semiannual regulatory agenda.
AGENCY:
ACTION:
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:
SUMMARY:
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.
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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
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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 https://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 (EO) 12866, ‘‘Regulatory Planning
and Review,’’ (58 FR 51735; Oct 4, 1993)
and the Department’s Regulatory
Policies and Procedures (44 FR 11034;
Feb 26, 1979), the Department prepares
a semiannual regulatory agenda. It
summarizes all current and projected
rulemaking, reviews of existing
regulations, and completed actions of
the Department. These are matters on
which action has begun or is projected
during the succeeding 12 months or
such longer period as may be
anticipated or for which action has been
completed since the last agenda.
The agendas are based on reports
submitted by the offices initiating the
rulemaking and are reviewed by the
Department Regulations Council. The
Department’s last agenda was published
in the Federal Register on December 20,
2010 (75 FR 79812). The next one is
scheduled for publication in the Federal
Register in fall 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;
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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, essential, 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
An Office of Management and Budget
memorandum, dated January 21, 2011,
requires the format for this agenda.
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
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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
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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.
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the Department’s regulatory activity and
should result in more effective public
participation. This publication in the
Federal Register does not impose any
binding obligation on the Department or
any of the offices within the Department
with regard to any specific item on the
agenda. Regulatory action, in addition to
the items listed, is not precluded.
Dated: March 28, 2011.
Ray LaHood,
Secretary of Transportation.
Appendix A—Instructions for
Obtaining Copies of Regulatory
Documents
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.
To obtain a copy of a specific
regulatory document in the agenda, you
should communicate directly with the
contact person listed with the regulation
at the address below. We note that most,
if not all, such documents, including the
semiannual agenda, are available
through the Internet at https://
www.regulations.gov. See Appendix C
for more information.
(Name of contact person), (Name of
the DOT agency), 1200 New Jersey
Avenue SE., Washington, DC 20590.
(For the Federal Aviation
Administration, substitute the following
address: Office of Rulemaking, ARM–1,
800 Independence Avenue SW.,
Washington, DC 20591).
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.
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.
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
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Appendix B—General Rulemaking
Contact Persons
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SLSDC—Carrie Mann Lavigne, Chief
Counsel, 1200 New Jersey Avenue SE.,
Washington, DC 20590; telephone (202)
366–0091.
PHMSA—Patricia Burke, Office of
Chief Counsel, 1200 New Jersey Avenue
SE., Washington, DC 20590; telephone
(202) 366–4400.
MARAD—Christine Gurland, Office of
Chief Counsel, Maritime
Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590;
telephone (202) 366–5157.
RITA—Robert Monniere, Office of
Chief Counsel, 1200 New Jersey Avenue
SE., Washington, DC 20590; telephone
(202) 366–5498.
OST—Neil Eisner, Office of
Regulation and Enforcement, 1200 New
Jersey Avenue SE., Washington, DC
20590; telephone (202) 366–4723.
Appendix C—Public Rulemaking
Dockets
All comments via the Internet are
submitted through the Federal Docket
Management System (FDMS) at the
following address: https://
www.regulations.gov. The FDMS allows
the public to search, view, download,
and comment on all Federal agency
rulemaking documents in one central
online system. The above referenced
Internet address also allows the public
to sign up to receive notification when
certain documents are placed in the
dockets.
The public also may review regulatory
dockets at, or deliver comments on
proposed rulemakings to, the Dockets
Office at 1200 New Jersey Avenue SE.,
Room W12–140, Washington, DC 20590,
1–800–647–5527. Working Hours: 9–5.
Appendix D—Review Plans for Section
610 and Other Requirements
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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 to permit its use. We are
committed to continuing our reviews of
existing rules and, if needed, will
initiate rulemaking actions based on
these reviews.
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As part of its implementation of
Executive Order 13563, ‘‘Improving
Regulation and Regulatory Review,’’
issued by the President on January 18,
2011, the Department has added another
element to its review plans. On
February 16, 2011, we published a
notice seeking public comments and
information from interested parties to
assist DOT in improving its methods for
reviewing existing rules to determine
whether any such regulations should be
modified, streamlined, expanded, or
repealed and helping us identify any
specific, existing rules that may be
outmoded, ineffective, insufficient, or
excessively burdensome. These new
actions are in addition to the other steps
described in this Appendix.
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.
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Part II—The Review Process
The Analysis
Generally, the agencies have divided
their rules into 10 different groups and
plan to analyze one group each year. For
purposes of these reviews, a year will
coincide with the fall-to-fall schedule
for publication of the agenda. Thus,
Year 1 (2008) begins in the fall of 2008
and ends in the fall of 2009; Year 2
(2009) begins in the fall of 2009 and
ends in the fall of 2010, and so on. We
request public comment on the timing
of the reviews. For example, is there a
reason for scheduling an analysis and
review for a particular rule earlier than
we have? Any comments concerning the
plan or particular analyses should be
submitted to the regulatory contacts
listed in Appendix B, General
Rulemaking Contact Persons.
Section 610 Review
The Agency will analyze each of the
rules in a given year’s group to
determine whether any rule has a
SEIOSNOSE and, thus, requires review
in accordance with section 610 of the
Regulatory Flexibility Act. The level of
analysis will, of course, depend on the
nature of the rule and its applicability.
Publication of agencies’ section 610
analyses listed each fall in this agenda
provides the public with notice and an
opportunity to comment consistent with
the requirements of the Regulatory
Flexibility Act. We request that public
comments be submitted to us early in
the analysis year concerning the small
entity impact of the rules to help us in
making our determinations.
In each fall agenda, the Agency will
publish the results of the analyses it has
completed during the previous year. For
rules that had a negative finding on
SEIOSNOSE, we will give a short
explanation (e.g., ‘‘these rules only
establish petition processes that have no
cost impact’’ or ‘‘these rules do not
apply to any small entities’’). For parts,
subparts, or other discrete sections of
rules that do have a SEIOSNOSE, we
will announce that we will be
conducting a formal section 610 review
during the following 12 months. At this
stage, we will add an entry to the
Agenda in the prerulemaking section
describing the review in more detail. We
also will seek public comment on how
best to lessen the impact of these rules
and provide a name or docket to which
public comments can be submitted. In
some cases, the section 610 review may
be part of another unrelated review of
the rule. In such a case, we plan to
clearly indicate which parts of the
review are being conducted under
section 610.
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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 to
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
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
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 ..................................................................
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.
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Year 1 (fall 2008) List of rules with
ongoing analysis
49 CFR part 91—International Air
Transportation Fair Competitive
Practices
49 CFR part 92—Recovering Debts to the
United States by Salary Offset
49 CFR part 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
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14 CFR part 201—Air Carrier Authority
Under Subtitle VII of Title 49 of the
United States Code [Amended]
14 CFR part 203—Waiver of Warsaw
Convention Liability Limits and
Defenses
14 CFR part 204—Data to Support
Fitness Determinations
14 CFR part 205—Aircraft Accident
Liability Insurance
14 CFR part 206—Certificates of Public
Convenience and Necessity: Special
Authorizations and Exemptions
14 CFR part 207—Charter Trips by U.S.
Scheduled Air Carriers
14 CFR part 208—Charter Trips by U.S.
Charter Air Carriers
14 CFR part 211—Applications for
Permits to Foreign Air Carriers
14 CFR part 212—Charter Rules for U.S.
and Foreign Direct Air Carriers
Year 2 (fall 2009) List of rules 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
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2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
Review year
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
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
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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
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• 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
• 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
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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
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• 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.
• 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 ReducedRate 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
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 ......................................................................................................
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
Section 610 Review Plan
The FAA has elected to use the twostep, 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 SEIOSNOSE. During the
second year (the ‘‘review year’’), each
rule identified in the analysis year as
having a SEIOSNOSE will be reviewed
in accordance with Section 610(b) to
determine if it should be continued
without change or changed to minimize
impact on small entities. Results of
those reviews will be published in the
DOT Semiannual Regulatory Agenda.
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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 SEIOSNOSE.
• 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 SEIOSNOSE.
• 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
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2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
Review year
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
• Section 610: The agency conducted
a Section 610 review of this part
and found no SEIOSNOSE.
• 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 SEIOSNOSE.
• 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
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Traffic Control Services and
Navigational Facilities
• Section 610: The agency conducted
a Section 610 review of this part
and found no SEIOSNOSE.
• 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 SEIOSNOSE.
• 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 SEIOSNOSE.
• 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
SEIOSNOSE.
• 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 SEIOSNOSE.
• 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
Year
Regulations to be reviewed
1 ..................
2 ..................
3 ..................
4 ..................
5 ..................
6 ..................
7 ..................
8 ..................
9 ..................
10 ................
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 .................................................................................................................
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
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
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Analysis year
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
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2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
Review year
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
substantial revision.
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
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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
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
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 ...................................................................
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
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
Analysis year
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
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
Review year
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
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
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
1
2
3
4
5
6
..................
..................
..................
..................
..................
..................
VerDate Mar<15>2010
Regulations to be reviewed
49
23
49
49
49
49
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 ..........................................................
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2009
2010
2011
2012
2013
Review year
2009
2010
2011
2012
2013
2014
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NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION—Continued
SECTION 610 AND OTHER REVIEWS
Year
7 ..................
8 ..................
9 ..................
10 ................
Regulations to be reviewed
49
49
49
49
CFR
CFR
CFR
CFR
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 .......................................................
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
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
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• 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
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2015
2016
2017
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2015
2016
2017
2018
and impose the least burden.
NHTSA’s plain language review of
these rules indicates no need for
substantial revision.
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.
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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
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
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 ..................................................................
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
Year 2 (fall 2009) List of rules analyzed
and a summary of results
49 CFR 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.
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• 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
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Review year
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
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
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FEDERAL TRANSIT ADMINISTRATION
SECTION 610 AND OTHER REVIEWS
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
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 ............................................................................................................................
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 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
Review year
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
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
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
1 ..................
2 ..................
3 ..................
4 ..................
5 ..................
6 ..................
7 ..................
8 ..................
9 ..................
10 ................
Regulations to be reviewed
46
46
46
46
46
46
46
46
46
46
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
parts 201 through 205 ......................................................................................................
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 ......................................................................................................
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.
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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—ConstructionDifferential Subsidy Repayment
46 CFR part 277—Domestic and Foreign
Trade; Interpretations
46 CFR part 280—Limitations on the
Award and Payment of OperatingDifferential Subsidy for Liner
Operators
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2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
Review year
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
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 OperatingDifferential 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)
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PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA)
SECTION 610 AND OTHER REVIEWS
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 ............................................................................................................
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.
• 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
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
Review year
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
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
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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
241, form 41 ..............................................................................................................
241, schedule T–100, and part 217 .........................................................................
298 ............................................................................................................................
241, section 19–7 .....................................................................................................
291 ............................................................................................................................
234 ............................................................................................................................
249 ............................................................................................................................
248 ............................................................................................................................
250 ............................................................................................................................
374a, ICAO ...............................................................................................................
Year 1 (fall 2008) List of rules with
ongoing analysis
Year 2 (fall 2009) List of rules analyzed
and a summary of the results
14 CFR part 241—Uniform system of
Accounts and Reports for Large
Certificated Air Carriers, Form 41
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.
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2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
Review year
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
• 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
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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
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION
SECTION 610 AND OTHER REVIEWS
Year
Regulations to be reviewed
1 ..................
33 CFR parts 401 through 403 ......................................................................................................
Year 1 (fall 2008) List of rules with
ongoing analysis
33 CFR part 401—Seaway Regulations
and Rules
Analysis year
2008
Review year
2009
33 CFR part 402—Tariff of Tolls
33 CFR part 403—Rules of Procedure of
the Joint Tolls Review Board
OFFICE OF THE SECRETARY—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
237 .............................
+Use of the Seat-Strapping Method for Carrying a Wheelchair on an Aircraft ......................................
2105–AD87
+ DOT-designated significant regulation
OFFICE OF THE SECRETARY—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
238 .............................
239 .............................
Disadvantaged Business Enterprise; Potential Program Improvements ................................................
+Enhancing Airline Passenger Protections—Part 2 ...............................................................................
2105–AD75
2105–AD92
+ DOT-designated significant regulation
FEDERAL AVIATION ADMINISTRATION—PROPOSED RULE STAGE
Sequence No.
240
241
242
243
244
245
246
.............................
.............................
.............................
.............................
.............................
.............................
.............................
Regulation
Identifier No.
Title
+Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers ........................................
+Operation and Certification of Small Unmanned Aircraft Systems (SUAS) .........................................
+Repair Stations .....................................................................................................................................
+Part 121 Exiting Icing Conditions ..........................................................................................................
+Air Carrier Maintenance Training Program (SECTION 610 REVIEW) ......................................................
+Safety Management Systems for Part 121 Certificate Holders (SECTION 610 REVIEW) ......................
+Flight Crewmember Mentoring, Leadership, and Professional Development (HR 5900) ....................
2120–AJ00
2120–AJ60
2120–AJ61
2120–AJ74
2120–AJ79
2120–AJ86
2120–AJ87
+ DOT-designated significant regulation
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
FEDERAL AVIATION ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
247 .............................
248 .............................
+Activation of Ice Protection ...................................................................................................................
+Air Ambulance and Commercial Helicopter Operations; Safety Initiatives and Miscellaneous
Amendments.
+Flight and Duty Time Limitations and Rest Requirements ...................................................................
249 .............................
+ DOT-designated significant regulation
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2120–AJ53
2120–AJ58
Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda
40105
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—PROPOSED RULE STAGE
Sequence No.
250
251
252
253
.............................
.............................
.............................
.............................
Regulation
Identifier No.
Title
+Unified Registration System ..................................................................................................................
+Electronic On-Board Recorders and Hours of Service Supporting Documents ...................................
+Hours of Service ...................................................................................................................................
+Drivers of Commercial Vehicles: Restricting the Use of Cellular Phones (SECTION 610 REVIEW) ......
2126–AA22
2126–AB20
2126–AB26
2126–AB29
+ DOT-designated significant regulation
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
254 .............................
+National Registry of Certified Medical Examiners ................................................................................
2126–AA97
+ DOT-designated significant regulation
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
255 .............................
+Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor Carriers Operating
in the United States.
2126–AA35
+ DOT-designated significant regulation
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
256 .............................
+Commercial Driver’s License Testing and Commercial Learner’s Permit Standards ..........................
2126–AB02
+ DOT-designated significant regulation
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
257 .............................
+Ejection Mitigation .................................................................................................................................
2127–AK23
+ DOT-designated significant regulation
FEDERAL RAILROAD ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
258 .............................
+Risk Reduction Program .......................................................................................................................
2130–AC11
+ DOT-designated significant regulation
FEDERAL RAILROAD ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
Sequence No.
Title
259 .............................
+Hours of Service: Passenger Train Employees (RULEMAKING RESULTING FROM A SECTION 610 REVIEW).
2130–AC15
+ DOT-designated significant regulation
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
260 .............................
Tariff of Tolls (COMPLETION OF A SECTION 610 REVIEW) .........................................................................
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40106
Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
261 .............................
+Hazardous Materials: Revisions to Requirements for the Transportation of Lithium Batteries ...........
2137–AE44
+ DOT-designated significant regulation
MARITIME ADMINISTRATION—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
262 .............................
+Cargo Preference—Compromise, Assessment, Mitigation, Settlement and Collection of Civil Penalties.
2133–AB75
+ DOT-designated significant regulation
DEPARTMENT OF TRANSPORTATION
(DOT)
Office of the Secretary (OST)
recipient accountability, and interstate
certification.
Timetable:
Proposed Rule Stage
Action
237. +Use of the Seat-Strapping Method
for Carrying a Wheelchair on an
Aircraft
Legal Authority: 49 U.S.C. 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. This
rulemaking was recently upgraded to
significant.
Timetable:
Action
Date
NPRM ..................
FR Cite
06/00/11
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,
E-mail: blane.workie@ost.dot.gov.
RIN: 2105–AD87
DEPARTMENT OF TRANSPORTATION
(DOT)
Office of the Secretary (OST)
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
Completed Actions
238. Disadvantaged Business
Enterprise; Potential Program
Improvements
Legal Authority: 49 U.S.C. 329; 49
U.S.C. ch 401, 411, and 417; 49 U.S.C.
47107; 49 U.S.C. 47113; 49 U.S.C.
47123; Pub. L. 105–59, sec 101(b)
Abstract: The rule makes several
improvements to the DBE program, in
areas including program oversight,
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Date
FR Cite
ANPRM ...............
ANPRM Comment
Period End.
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Final Rule Effective.
04/08/09
07/07/09
74 FR 15904
05/10/10
07/09/10
75 FR 25815
01/28/11
02/28/11
76 FR 5083
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,
E-mail: bob.ashby@ost.dot.gov.
RIN: 2105–AD75
239. +Enhancing Airline Passenger
Protections—Part 2
Legal Authority: 49 U.S.C. 41712; 49
U.S.C. 40101; 49 U.S.C. 41702
Abstract: This rulemaking would
enhance airline passenger protections
by addressing the following areas: (1)
Contingency plans for lengthy tarmac
delays; (2) reporting of tarmac delay
data; (3) customer service plans; (4)
notification to passengers of flight status
changes; (5) inflation adjustment for
denied boarding compensation; (6)
alternative transportation for passengers
on canceled flights; (7) opt-out
provisions (e.g. travel insurance);
(8) contract of carriage provisions;
(9) baggage fees disclosure; and (10) full
fare advertising.
Timetable:
Action
Date
FR Cite
NPRM ..................
06/08/10
75 FR 32318
PO 00000
Frm 00016
Fmt 4701
Sfmt 4702
Action
Date
FR Cite
Clarification to
NPRM.
NPRM Comment
Period Extended.
NPRM Comment
Period End.
Extended Comment Period
End.
Final Rule ............
Final Rule Effective.
06/25/10
75 FR 36300
08/03/10
75 FR 45562
08/09/10
09/23/10
04/27/11
08/23/11
76 FR 23110
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–AD92
BILLING CODE 4910–9X–P
DEPARTMENT OF TRANSPORTATION
(DOT)
Federal Aviation Administration (FAA)
Proposed Rule Stage
240. +Qualification, Service, and Use of
Crewmembers and Aircraft Dispatchers
Legal Authority: 49 U.S.C. 106(g); 49
U.S.C. 40113; 49 U.S.C. 40119; 49 U.S.C.
44101; 49 U.S.C. 44701; 49 U.S.C.
44702; 49 U.S.C. 44705; 49 U.S.C. 44709
to 44711; 49 U.S.C. 44713; 49 U.S.C.
44716 to 44717; 49 U.S.C. 44722; 49
U.S.C. 44901; 49 U.S.C. 44903 to 44904;
49 U.S.C. 44912; 49 U.S.C. 46105
Abstract: This rulemaking would
amend the regulations for crewmember
and dispatcher training programs in
domestic, flag, and supplemental
operations. The rulemaking would
enhance traditional training programs
by requiring the use of flight simulation
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Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda
training devices for flight crewmembers
and including additional training
requirements in areas that are critical to
safety. The rulemaking would also
reorganize and revise the qualification
and training requirements. The changes
are intended to contribute significantly
to reducing aviation accidents.
Timetable:
Action
Date
FR Cite
NPRM ..................
Proposed rule;
notice of public
meeting.
NPRM Comment
Period Extended.
Comment Period
End.
Extended Comment Period
End.
Supplemental
NPRM.
Supplemental
NPRM Comment Period
End.
01/12/09
03/12/09
74 FR 1280
74 FR 10689
04/20/09
74 FR 17910
05/12/09
242. +Repair Stations
Legal Authority: 49 U.S.C. 44701 to
44702; 49 U.S.C. 106(g); 49 U.S.C.
40113; 49 U.S.C. 44701 to 44702; 49
U.S.C. 44707; 49 U.S.C. 44709; 49 U.S.C.
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:
08/10/09
Action
05/20/11
76 FR 29336
07/19/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Nancy L Claussen,
Federal Aviation Administration,
Department of Transportation, Federal
Aviation Administration, 800
Independence Ave, SW, Washington,
DC 20591, Phone: 202–267–8166,
E-mail: nancy.claussen@faa.gov.
RIN: 2120–AJ00
241. +Operation and Certification of
Small Unmanned Aircraft Systems
(SUAS)
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
Independence Ave, SW, Washington,
DC 20591, Phone: 202–385–4898,
E-mail: stephen.a.glowacki@faa.gov.
RIN: 2120–AJ60
Legal Authority: 49 U.S.C. 44701
Abstract: This rulemaking would
enable small unmanned aircraft to safely
operate in limited portions of the
national airspace system (NAS). This
action is necessary because it addresses
the novel legal or policy issues about
the minimum safety parameters for
operating recreational remote control
model and toy aircraft in the NAS. The
intended effect of this action is to
develop requirements and standards to
ensure that risks are adequately
mitigated, such that safety is maintained
for the entire aviation community.
Timetable:
Action
Date
NPRM ..................
FR Cite
Date
NPRM ..................
11/00/11
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, E-mail:
john.j.goodwin@faa.gov.
RIN: 2120–AJ61
243. +Part 121 Exiting Icing Conditions
Legal Authority: 49 U.S.C. 106(g); 49
U.S.C. 40113; 49 U.S.C. 40119; 49 U.S.C.
44101; 49 U.S.C. 44701 to 44702; 49
U.S.C. 44705; 49 U.S.C. 44709 to 44711;
49 U.S.C. 44713; 49 U.S.C. 44716 to
44717; 49 U.S.C. 44722; 49 U.S.C.
44901; 49 U.S.C. 44903 to 44904; 49
U.S.C. 44912; 49 U.S.C. 46105
Abstract: This rulemaking would
require operators of certain airplanes
used in air carrier service and
certificated for flight in icing conditions
to: 1. enable the flightcrew to determine
when the airplane is in large drop icing
conditions, and 2. require follow-on
flightcrew action in these conditions for
certain airplanes with reversible flight
controls for the pitch and/or roll axis.
This rulemaking 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:
11/00/11
Action
VerDate Mar<15>2010
14:17 Jul 06, 2011
Jkt 223001
Date
NPRM ..................
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Stephen A Glowacki,
Department of Transportation, Federal
Aviation Administration, 800
FR Cite
FR Cite
04/00/12
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Robert Hettman,
ANM–112, Transport Airplane
PO 00000
Frm 00017
Fmt 4701
Sfmt 4702
40107
Directorate, Department of
Transportation, Federal Aviation
Administration, 1601 Lind Avenue, SW,
Renton, WA 98057, Phone: 425–227–
2683, E-mail: robert.hettman@faa.gov.
RIN: 2120–AJ74
244. +Air Carrier Maintenance
Training Program (Section 610 Review)
Legal Authority: 49 U.S.C. 44101; 49
U.S.C. 106(g); 49 U.S.C. 40113; 49
U.S.C. 40119; 49 U.S.C. 41706; 49 U.S.C.
44701; 49 U.S.C. 44702; 49 U.S.C.
44705; 49 U.S.C. 44709 to 47111; 49
U.S.C. 44713; 49 U.S.C. 44715 to 44717;
49 U.S.C. 44722; 49 U.S.C. 46105
Abstract: This proposed rule would
require FAA approval of an air carrier
maintenance program if they operate
aircraft with 10 or more passenger seats.
The intent of this proposed rule is to
reduce the number of accidents and
incidents caused by human error,
fatigue, improper maintenance,
inspection, or repair practices.
Timetable:
Action
Date
NPRM ..................
FR Cite
08/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: John J Hiles, Flight
Standards Service, Department of
Transportation, Federal Aviation
Administration, 950 L’Enfant Plaza
North, SW, Washington, DC 20591,
Phone: 202–385–6421, E-mail:
john.j.hiles@faa.gov.
RIN: 2120–AJ79
245. • +Safety Management Systems for
Part 121 Certificate Holders (Section
610 Review)
Legal Authority: 49 U.S.C. 106(g); 49
U.S.C. 40113; 49 U.S.C. 40119; 49 U.S.C.
41706; 49 U.S.C. 44101; 49 U.S.C. 44701
to 44702; 49 U.S.C. 44705; 49 U.S.C.
44709 to 44711; 49 U.S.C. 44713; 49
U.S.C. 44716 to 44717; 49 U.S.C. 44722;
49 U.S.C. 46105
Abstract: This rulemaking would
require all part 121 air carriers to
implement a safety management system
(SMS). Congress passed Public Law
111–216 instructing FAA to conduct a
rulemaking to require all part 121 air
carriers to implement an SMS. The
proposed rule must include the
following safety management elements:
Requirements based on risk
management, quality management
techniques to develop safety assurance,
use of interrelated systems to measure
effectiveness of safety measures, and
promotion of an organization-wide
safety culture. Congress further required
that the FAA consider at a minimum
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each of the following as part of the SMS
rulemaking: (1) An Aviation Safety
Action Program (ASAP), (2) A Flight
Operational Quality Assurance Program
(FOQA), (3) A Line Operations Safety
Audit, and (4) An Advance
Qualification Program.
Timetable:
Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
NPRM Comment
Period Extended.
NPRM Comment
Period Extended End.
Analyzing Comments.
11/05/10
02/03/11
75 FR 68224
01/31/11
76 FR 5296
03/07/11
07/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Scott VanBuren,
Department of Transportation, Federal
Aviation Administration, 800
Independence Ave, SW, Washington,
DC 20591, Phone: 202 494–8417, E-mail:
scott.vanburen@faa.gov.
RIN: 2120–AJ86
246. • +Flight Crewmember Mentoring,
Leadership, and Professional
Development (HR 5900)
Legal Authority: 49 U.S.C. 44701(a)(5)
Abstract: This rulemaking would
amend the regulations for air carrier
training programs under part 121. The
action is necessary to ensure that air
carriers establish or modify training
programs that address mentoring,
leadership, and professional
development of flight crewmembers in
part 121 operations. The amendments
are intended to contribute significantly
to airline safety by reducing aviation
accidents.
Timetable:
Date
NPRM ..................
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
Action
FR Cite
07/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Deke Abbott,
Department of Transportation, Federal
Aviation Administration, 800
Independence Ave., SW, Washington,
DC 20591, Phone: 202–267–8266,
E-mail: deke.abbott@faa.gov.
RIN: 2120–AJ87
VerDate Mar<15>2010
14:17 Jul 06, 2011
Jkt 223001
DEPARTMENT OF TRANSPORTATION
(DOT)
Federal Aviation Administration (FAA)
Final Rule Stage
247. +Activation of Ice Protection
Legal Authority: 49 U.S.C. 106(g); 49
U.S.C. 40113; 49 U.S.C. 40119; 49 U.S.C.
44101; 49 U.S.C. 44701; 49 U.S.C.
44705; 49 U.S.C. 44709 to 44711; 49
U.S.C. 44713; 49 U.S.C. 44716; 49 U.S.C.
44722; 49 U.S.C. 44901; 49 U.S.C.
44903; 49 U.S.C. 44912; 49 U.S.C.
46105; 49 U.S.C. 44702; 49 U.S.C.
44717; 49 U.S.C. 44904
Abstract: This rulemaking would
amend the regulations applicable to
operators of certain airplanes used in air
carrier service and certificated for flight
in icing conditions. The standards
would require either the installation of
ice detection equipment or changes to
the Airplane Flight Manual to ensure
timely activation of the airframe ice
protection system. This regulation is the
result of information gathered from a
review of icing accidents and incidents,
and it is intended to improve the level
of safety when airplanes are operated in
icing conditions.
Timetable:
Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
11/23/09
02/22/10
74 FR 61055
08/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jerry Ostronic, Air
Carrier Operations Branch, AFS 220,
Department of Transportation, Federal
Aviation Administration, 800
Independence Ave., SW, Washington,
DC 20591, Phone: 202–267–8166, Fax:
202–267–5229, E-mail:
jerry.c.ostronic@faa.gov.
RIN: 2120–AJ43
248. +Air Ambulance and Commercial
Helicopter Operations; Safety
Initiatives and Miscellaneous
Amendments
Legal Authority: 49 U.S.C. 106(g); 49
U.S.C. 1155; 49 U.S.C. 40101 to 40103;
49 U.S.C. 40120; 49 U.S.C. 41706; 49
U.S.C. 41721; 49 U.S.C. 44101; 49 U.S.C.
44106; 49 U.S.C. 44111; 49 U.S.C.
46306; 49 U.S.C. 46315; 49 U.S.C.
46316; 49 U.S.C. 46504; 49 U.S.C.
46506; 49 U.S.C. 46507; 49 U.S.C.
47122; 49 U.S.C. 47508; 49 U.S.C. 47528
to 47531
Abstract: This rulemaking would
change equipment and operating
requirements for commercial helicopter
operations, including many specifically
PO 00000
Frm 00018
Fmt 4701
Sfmt 4702
for helicopter air ambulance operations.
This rulemaking is necessary to increase
crew, passenger, and patient safety. The
intended effect is to implement National
Transportation Safety Board, Aviation
Rulemaking Committee, and internal
FAA recommendations.
Timetable:
Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
10/12/10
01/10/11
75 FR 62640
05/00/12
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Edwin Miller,
Department of Transportation, Federal
Aviation Administration, 800
Independence Ave., SW, Washington,
DC 20591, Phone: 202–267–7031, Email: edwin.miller@faa.gov.
RIN: 2120–AJ53
249. +Flight and Duty Time Limitations
and Rest Requirements
Legal Authority: 49 U.S.C. 106(g); 49
U.S.C. 40113; 49 U.S.C. 40119; 49 U.S.C.
41706; 49 U.S.C. 44101; 49 U.S.C. 44701
to 44702; 49 U.S.C. 44705; 49 U.S.C.
44709 to 44710; 49 U.S.C. 44711; 49
U.S.C. 44712; 49 U.S.C. 44713; 49 U.S.C.
44715; 49 U.S.C. 44716; 49 U.S.C.
44717; 49 U.S.C. 44722; 49 U.S.C. 45101
to 45105; 49 U.S.C. 46105
Abstract: This rulemaking would
amend existing flight, duty, and rest
regulations applicable to certificate
holders and their flightcrew members.
The new requirements would eliminate
the current distinctions between
domestic, flag, and supplemental
operations. Also, the rulemaking would
provide different requirements based on
the time of day, whether an individual
is acclimated to a new time zone, and
the likelihood of being able to sleep
under different circumstances. This
rulemaking is necessary to improve
aviation safety by providing applicable
persons with the opportunity for
sufficient rest. This rulemaking is
related to the following: an NPRM (RIN
2120–AF63), and a Withdrawal (RIN
2120–AI93).
Timetable:
Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
09/14/10
11/15/10
75 FR 55852
08/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Nancy L Claussen,
Federal Aviation Administration,
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Department of Transportation, Federal
Aviation Administration, 800
Independence Ave., SW, Washington,
DC 20591, Phone: 202–267–8166,
E-mail: nancy.claussen@faa.gov.
RIN: 2120–AJ58
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
(DOT)
Federal Motor Carrier Safety
Administration (FMCSA)
Proposed Rule Stage
250. +Unified Registration System
Legal Authority: Pub. L. 104–88; 109
Stat 803, 888 (1995); 49 U.S.C. 13908;
Pub. L. 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 Safe,
Accountable, Flexible, Efficient,
Transportation Equity Act: A Legacy for
Users (SAFETEA–LU). The replacement
system for the Single State Registration
System, 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:
Date
FR Cite
ANPRM ...............
ANPRM Comment
Period End.
NPRM ..................
NPRM Comment
Period End.
Supplemental
NPRM.
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
Action
08/26/96
10/25/96
61 FR 43816
05/19/05
08/17/05
70 FR 28990
10/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Valerie Height,
Management Analyst, Department of
Transportation, Federal Motor Carrier
Safety Administration, Office of Policy
Plans and Regulation (MC–PRR), 1200
New Jersey Avenue, SE., Washington,
DC 20590, Phone: 202–366–0901,
E-mail: valerie.height@dot.gov.
RIN: 2126–AA22
VerDate Mar<15>2010
14:17 Jul 06, 2011
Jkt 223001
251. +Electronic On-Board Recorders
and Hours of Service Supporting
Documents
Legal Authority: 49 U.S.C. 31502;
31136(a); Pub. L. 103.311; 49 U.S.C.
31137(a)
Abstract: This rulemaking will
consider revisions to RIN 2126–AA89
(Electronic On-Board Recorders for
Hours of Service Drivers) to expand the
number of motor carriers required to
install and operate Electronic On-Board
Recorders (EOBRs). FMCSA is
consolidating this follow-up to the
EOBR rule with the Hours Of Service Of
Drivers: Supporting Documents
rulemaking for development of a single
NPRM in RIN 2126–AB20. In addressing
Hours of Service Supporting Documents
requirements in this new rulemaking,
FMCSA will consider reducing or
eliminating current paperwork burdens
associated with supporting documents
in favor of expanded EOBR use.
On January 15, 2010, the American
Trucking Associations (ATA) filed a
Petition for a Writ of Mandamus in the
United States Court of Appeals for the
District of Columbia Circuit (D.C. Cir.
No. 10–1009). ATA petitioned the court
to direct FMCSA to issue an NPRM on
supporting documents in conformance
with the requirements set forth in
section 113 of the HMTAA within 60
days after the issuance of the writ and
a final rule no later than 6 months after
the issuance of the NPRM. The court
granted the petition for writ of
mandamus on September 30, 2010,
ordering FMCSA to issue an NPRM on
the supporting document regulations by
December 30, 2010. At the request of the
agency, the DC Circuit extended the
deadline to January 31, 2011.
Timetable:
Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
NPRM Comment
Period Extended.
NPRM Extended
Comment Period End.
Analyzing Comments.
02/01/11
02/28/11
76 FR 5537
03/10/11
76 FR 13121
Frm 00019
Fmt 4701
05/23/11
09/00/11
Sfmt 4702
252. +Hours of Service
Legal Authority: 49 U.S.C. 31502(b)
Abstract: This rulemaking would
propose changes to the hours of service
requirements for drivers operating a
commercial motor vehicle transporting
property. The requirement for this
rulemaking was established on October
26, 2009, when Public Citizen, et al.
(Petitioners) and FMCSA entered into a
settlement agreement under which
Petitioners´ petition for judicial review
of the November 19, 2008, Final Rule on
drivers´ hours of service will be held in
abeyance pending the publication of an
NPRM reevaluating the Hours of Service
rule.
Timetable:
Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
NPRM; Notice of
Availability of
Supplemental
Documents and
Corrections; Extension of Comment Period.
Extended Comment Period
End.
NPRM Comment
Period Reopened.
NPRM Comment
Period Reopened End.
12/29/10
02/02/11
75 FR 82170
02/16/11
76 FR 8990
03/02/11
05/29/11
76 FR 26681
06/08/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Thomas Yager,
Driver and Carrier Operations Division,
Department of Transportation, Federal
Motor Carrier Safety Administration,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, Phone: 202–
366–4325, E-mail: tom.yager@dot.gov.
RIN: 2126–AB26
253. +Drivers of Commercial Vehicles:
Restricting the Use of Cellular Phones
(Section 610 Review)
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Deborah M Freund,
Senior Transportation Specialist,
Department of Transportation, Federal
Motor Carrier Safety Administration,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, Phone: 202 366–
5370, E-mail: deborah.freund@dot.gov.
RIN: 2126–AB20
PO 00000
40109
Legal Authority: Pub. L. 98–554
Abstract: This rulemaking would
restrict the use of mobile telephones
while operating a commercial motor
vehicle. This rulemaking is in response
to Federal Motor Carrier Safety
Administration-sponsored studies that
analyzed safety incidents and distracted
drivers. This rulemaking addresses an
item on the National Transportation
Safety Board´s ‘‘Most Wanted List’’ of
safety recommendations.
Timetable:
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Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
Analyzing Comments.
12/21/10
03/21/11
75 FR 80014
06/00/11
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Mike Huntley, Chief,
Vehicle and Roadside Operations
Division, Department of Transportation,
Federal Motor Carrier Safety
Administration, 1200 New Jersey Ave,
SE., Washington, DC 20590, Phone: 202
366–9209, E-mail:
michael.huntley@dot.gov.
RIN: 2126–AB29
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Dr. Mary D. Gunnels,
Director, Office of Medical Programs,
Department of Transportation, Federal
Motor Carrier Safety Administration,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, Phone: 202–
366–4001, E-mail:
maggi.gunnels@dot.gov.
RIN: 2126–AA97
DEPARTMENT OF TRANSPORTATION
(DOT)
Federal Motor Carrier Safety
Administration (FMCSA)
Long-Term Actions
DEPARTMENT OF TRANSPORTATION
(DOT)
Federal Motor Carrier Safety
Administration (FMCSA)
Final Rule Stage
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
254. +National Registry of Certified
Medical Examiners
Legal Authority: Pub. L. 109–59
(2005), sec 4116
Abstract: This rulemaking would
establish training, testing and
certification standards for medical
examiners responsible for certifying that
interstate commercial motor vehicle
drivers meet established physical
qualifications standards; provide a
database (or National Registry) of
medical examiners that meet the
prescribed standards for use by motor
carriers, drivers, and Federal and State
enforcement personnel in determining
whether a medical examiner is qualified
to conduct examinations of interstate
truck and bus drivers; and require
medical examiners to transmit
electronically to FMCSA the name of
the driver and a numerical identifier for
each driver that is examined. The
rulemaking would also establish the
process by which medical examiners
that fail to meet or maintain the
minimum standards would be removed
from the National Registry. This action
is in response to section 4116 of Safe,
Accountable, Flexible, Efficient,
Transportation Equity Act: A Legacy for
Users (SAFETEA–LU).
Timetable:
Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
12/01/08
01/30/09
73 FR 73129
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255. +Safety Monitoring System and
Compliance Initiative for MexicoDomiciled Motor Carriers Operating in
the United States
Legal Authority: Pub. L. 107–87, sec
350; 49 U.S.C. 113; 49 U.S.C. 31136; 49
U.S.C. 31144; 49 U.S.C. 31502; 49 U.S.C.
504; 49 U.S.C. 5113; 49 U.S.C.
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
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:
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Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
Interim Final Rule
Interim Final Rule
Comment Period End.
Interim Final Rule
Effective.
Notice of Intent
To Prepare an
EIS.
EIS Public
Scoping Meetings.
Next Action Undetermined.
05/03/01
07/02/01
66 FR 22415
03/19/02
04/18/02
67 FR 12758
05/03/02
08/26/03
68 FR 51322
10/08/03
68 FR 58162
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Dominick Spataro,
Chief, Borders Division, Department of
Transportation, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Ave, SE, Washington, DC 20590, Phone:
202 266–2995, E-mail:
dom.spataro@dot.gov.
RIN: 2126–AA35
DEPARTMENT OF TRANSPORTATION
(DOT)
Federal Motor Carrier Safety
Administration (FMCSA)
Completed Actions
256. +Commercial Driver’s License
Testing and Commercial Learner’s
Permit Standards
Legal Authority: Pub. L. 109–347, sec
703; 49 U.S.C. 31102; Pub. L. 105–178,
112 Stat 414 (1998); Pub. L. 99–570, title
XII, 100 Stat 3207 (1086); Pub. L. 102–
240, sec 4007(a)(1), Stat 1914, 2151;
Pub. L. 109–59 (2005), sec 4122; 49
U.S.C. 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
Safe, Accountable, Flexible, Efficient,
Transportation Equity Act: A Legacy for
Users (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
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record. The rule would also establish
maximum issuance and renewal
periods, establish a minimum age limit,
address issues related to a driver’s State
of Domicile, and incorporate previous
regulatory guidance into the Federal
regulations. This rulemaking would also
address issues raised in the SAFE Port
Act.
Timetable:
Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
NPRM Comment
Period Extended.
NPRM Comment
Period End.
Final Rule ............
Final Rule Effective.
04/09/08
06/09/08
73 FR 19282
06/09/08
73 FR 32520
07/09/08
05/09/11
07/08/11
76 FR 26854
reduce complete and partial ejections of
vehicle occupants from outboard seating
positions. In formulating the standards
the Secretary shall consider various
ejection mitigation systems. The
Secretary shall issue a final rule under
this paragraph no later than October 1,
2009.’’ SAFETEA–LU also requires that,
if the Secretary determines that the
subject final rule deadline cannot be
met, the Secretary shall notify and
provide an explanation to the Senate
Committee on Commerce, Science and
Transportation and the House of
Representatives Committee on Energy
and Commerce of the delay. On
September 24, 2009, the Secretary
provided appropriate notification to
Congress that the final rule will be
delayed until January 31, 2011.
Timetable:
Action
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, E-mail:
robert.redmond@dot.gov.
RIN: 2126–AB02
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
(DOT)
National Highway Traffic Safety
Administration (NHTSA)
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Final Action Effective.
12/02/09
02/01/10
74 FR 63180
01/19/11
03/01/11
76 FR 3212
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Louis Molino, Safety
Standards Engineer, Department of
Transportation, National Highway
Traffic Safety Administration, 1200 New
Jersey Avenue, SE., Washington, DC
20590, Phone: 202–366–1833, Fax: 202–
366–4329, E-mail:
louis.molino@dot.gov.
RIN: 2127–AK23
BILLING CODE 4910–59–P
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Completed Actions
257. +Ejection Mitigation
Legal Authority: 49 U.S.C. 30111; 49
U.S.C. 30115; 49 U.S.C. 30117; 49 U.S.C.
30166; 49 U.S.C. 322; delegation of
authority at 49 CFR 1.50
Abstract: This rulemaking would
create a new Federal Motor Vehicle
Safety Standard (FMVSS) for reducing
occupant ejection. Currently, there are
over 52,000 annual ejections in motor
vehicle crashes, and over 10,000 ejected
fatalities per year. This rulemaking
would propose new requirements for
reducing occupant ejection through
passenger vehicle side widows. The
requirement would be an occupant
containment requirement on the amount
of allowable excursion through
passenger vehicle side windows. The
Safe, Accountable, Flexible, Efficient,
Transportation Equity Act (SAFETEA–
LU) requires that ‘‘[t]he Secretary shall
also initiate a rulemaking proceeding to
establish performance standards to
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DEPARTMENT OF TRANSPORTATION
(DOT)
Federal Railroad Administration (FRA)
Proposed Rule Stage
258. +Risk Reduction Program
Legal Authority: Pub. L. 110–432, Div
A, 122 Stat 4848 et seq.; Rail Safety
Improvement Act of 2008; sec 103, 49
U.S.C. 20156 ‘‘Railroad Safety Risk
Reduction Program’’
Abstract: This rulemaking would
consider appropriate contents for Risk
Reduction Programs and how they
should be implemented and reviewed
by FRA.
Timetable:
Action
Date
FR Cite
ANPRM ...............
ANPRM Comment
Period End.
12/08/10
02/07/11
75 FR 76345
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Action
Date
NPRM ..................
40111
FR Cite
10/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kathryn Shelton,
Trial Attorney, Department of
Transportation, Federal Railroad
Administration, 1200 New Jersey Ave.,
SE., Washington, DC 20590, Phone:
202–493–6063, E-mail:
kathryn.shelton@fra.dot.gov.
RIN: 2130–AC11
DEPARTMENT OF TRANSPORTATION
(DOT)
Federal Railroad Administration (FRA)
Final Rule Stage
259. +Hours of Service: Passenger Train
Employees (Rulemaking Resulting
From a Section 610 Review)
Legal Authority: Pub. L. 110–432, Div
A, 122 Stat 4848 et seq.; Rail Safety
Improvement Act of 2008; sec 108(e) (49
U.S.C. 21109)
Abstract: This rulemaking would
establish hours of service requirements
for train employees engaged in
commuter and intercity passenger rail
transport.
Timetable:
Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
03/22/11
05/23/11
76 FR 16200
08/00/11
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Kathryn Shelton,
Trial Attorney, Department of
Transportation, Federal Railroad
Administration, 1200 New Jersey Ave.,
SE., Washington, DC 20590, Phone:
202–493–6063, E-mail:
kathryn.shelton@fra.dot.gov.
RIN: 2130–AC15
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
(DOT)
Saint Lawrence Seaway Development
Corporation (SLSDC)
Completed Actions
260. • Tariff of Tolls (Completion of a
Section 610 Review)
Legal Authority: 33 U.S.C. 983(a); 33
U.S.C. 984(4) as amended and 49 CFR
1.52
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Abstract: The Saint Lawrence Seaway
Development Corporation (SLSDC) and
the St. Lawrence Seaway Management
Corporation (SLSMC) of Canada, under
international agreement, jointly publish
and presently administer the St.
Lawrence Seaway Tariff of Tolls in their
respective jurisdictions. The Tariff sets
forth the level of tolls assessed on all
commodities and vessels transiting the
facilities operated by the SLSDC and the
SLSMC. The SLSDC is revising its
regulations to reflect the fees and
charges levied by the SLSMC in Canada
starting in the 2009 navigation season,
which are effective only in Canada.
Timetable:
Action
Date
FR Cite
Final Rule ............
Final Rule Effective.
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Final Rule Effective.
03/12/09
03/12/09
74 FR 10677
01/28/11
02/28/11
76 FR 5104
03/10/11
03/20/11
76 FR 13088
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Craig H.
Middlebrook, Deputy Administrator,
Department of Transportation, Saint
Lawrence Seaway Development
Corporation, 1200 New Jersey Ave., SE.,
Washington, DC 20590, Phone: 202–
366–0091, Fax: 202–366–7147, E-mail:
craig.middlebrook@sls.dot.gov.
RIN: 2135–AA29
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DEPARTMENT OF TRANSPORTATION
(DOT)
Pipeline and Hazardous Materials
Safety Administration (PHMSA)
Avenue, SE., Washington, DC 20590,
Phone: 202–366–8553, E-mail:
kevin.leary@dot.gov.
RIN: 2137–AE44
BILLING CODE 4910–60–P
Final Rule Stage
261. +Hazardous Materials: Revisions
to Requirements for the Transportation
of Lithium Batteries
Legal Authority: 49 U.S.C. 5101 et seq.
Abstract: This rulemaking would
amend the Hazardous Materials
Regulations to comprehensively address
the safe transportation of lithium cells
and batteries. The intent of the
rulemaking is to strengthen the current
regulatory framework by imposing more
effective safeguards, including design
testing to address risks related to
internal short circuits, and enhanced
packaging, hazard communication, and
operational measures for various types
and sizes of lithium batteries in specific
transportation contexts. The rulemaking
responds to several recommendations
issued by the National Transportation
Safety Board.
Timetable:
Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
01/11/10
03/12/10
75 FR 1302
08/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kevin Leary,
Transportation Specialist, Department
of Transportation, Pipeline and
Hazardous Materials Safety
Administration, 1200 New Jersey
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DEPARTMENT OF TRANSPORTATION
(DOT)
Maritime Administration (MARAD)
Long-Term Actions
262. +Cargo Preference—Compromise,
Assessment, Mitigation, Settlement and
Collection of Civil Penalties
Legal Authority: Pub. L. 110–417
Abstract: This rulemaking would
establish part 383 of the Cargo
Preference regulations. This rulemaking
would cover Public Law 110–417,
section 3511 National Defense
Authorization Act for FY2009 statutory
changes to the cargo preference rules,
which have not been substantially
revised since 1971. The rulemaking also
would include compromise, assessment,
mitigation, settlement, and collection of
civil penalties.
Timetable: Next Action
Undetermined.
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Christine Gurland,
Department of Transportation, Maritime
Administration, 1200 New Jersey Ave.,
SE., Washington, DC 20590, Phone: 202
366–5157, E-mail:
christine.gurland@dot.gov.
RIN: 2133–AB75
[FR Doc. 2011–15494 Filed 7–6–11; 8:45 am]
BILLING CODE 4910–81–P
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Agencies
[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Unknown Section]
[Pages 40092-40113]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15494]
[[Page 40091]]
Vol. 76
Thursday,
No. 130
July 7, 2011
Part XII
Department of Transportation
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 76 , No. 130 / Thursday, July 7, 2011 /
Unified Agenda
[[Page 40092]]
-----------------------------------------------------------------------
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 https://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 (EO) 12866, ``Regulatory Planning and Review,'' (58 FR
51735; Oct 4, 1993) and the Department's Regulatory Policies and
Procedures (44 FR 11034; Feb 26, 1979), the Department prepares a
semiannual regulatory agenda. It summarizes all current and projected
rulemaking, reviews of existing regulations, and completed actions of
the Department. These are matters on which action has begun or is
projected during the succeeding 12 months or such longer period as may
be anticipated or for which action has been completed since the last
agenda.
The agendas are based on reports submitted by the offices
initiating the rulemaking and are reviewed by the Department
Regulations Council. The Department's last agenda was published in the
Federal Register on December 20, 2010 (75 FR 79812). The next one is
scheduled for publication in the Federal Register in fall 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, essential, 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
An Office of Management and Budget memorandum, dated January 21,
2011, requires the format for this agenda.
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
[[Page 40093]]
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: March 28, 2011.
Ray LaHood,
Secretary of Transportation.
Appendix A--Instructions for Obtaining Copies of Regulatory Documents
To obtain a copy of a specific regulatory document in the agenda,
you should communicate directly with the contact person listed with the
regulation at the address below. We note that most, if not all, such
documents, including the semiannual agenda, are available through the
Internet at https://www.regulations.gov. See Appendix C for more
information.
(Name of contact person), (Name of the DOT agency), 1200 New Jersey
Avenue SE., Washington, DC 20590. (For the Federal Aviation
Administration, substitute the following address: Office of Rulemaking,
ARM-1, 800 Independence Avenue SW., Washington, DC 20591).
Appendix B--General Rulemaking Contact Persons
The following is a list of persons who can be contacted within the
Department for general information concerning the 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.
[[Page 40094]]
SLSDC--Carrie Mann Lavigne, Chief Counsel, 1200 New Jersey Avenue
SE., Washington, DC 20590; telephone (202) 366-0091.
PHMSA--Patricia Burke, Office of Chief Counsel, 1200 New Jersey
Avenue SE., Washington, DC 20590; telephone (202) 366-4400.
MARAD--Christine Gurland, Office of Chief Counsel, Maritime
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone (202) 366-5157.
RITA--Robert Monniere, Office of Chief Counsel, 1200 New Jersey
Avenue SE., Washington, DC 20590; telephone (202) 366-5498.
OST--Neil Eisner, Office of Regulation and Enforcement, 1200 New
Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-4723.
Appendix C--Public Rulemaking Dockets
All comments via the Internet are submitted through the Federal
Docket Management System (FDMS) at the following address: https://www.regulations.gov. The FDMS allows the public to search, view,
download, and comment on all Federal agency rulemaking documents in one
central online system. The above referenced Internet address also
allows the public to sign up to receive notification when certain
documents are placed in the dockets.
The public also may review regulatory dockets at, or deliver
comments on proposed rulemakings to, the Dockets Office at 1200 New
Jersey Avenue SE., Room W12-140, Washington, DC 20590, 1-800-647-5527.
Working Hours: 9-5.
Appendix D--Review Plans for Section 610 and Other Requirements
Part I--The Plan
General
The Department of Transportation has long recognized the importance
of regularly reviewing its existing regulations to determine whether
they need to be revised or revoked. Our 1979 Regulatory Policies and
Procedures require such reviews. We also have responsibilities under
Executive Order 12866, ``Regulatory Planning and Review,'' and section
610 of the Regulatory Flexibility Act to conduct such reviews. This
includes the use of plain language techniques in new rules and
considering its use in existing rules when we have the opportunity and
resources to permit its use. We are committed to continuing our reviews
of existing rules and, if needed, will initiate rulemaking actions
based on these reviews.
As part of its implementation of Executive Order 13563, ``Improving
Regulation and Regulatory Review,'' issued by the President on January
18, 2011, the Department has added another element to its review plans.
On February 16, 2011, we published a notice seeking public comments and
information from interested parties to assist DOT in improving its
methods for reviewing existing rules to determine whether any such
regulations should be modified, streamlined, expanded, or repealed and
helping us identify any specific, existing rules that may be outmoded,
ineffective, insufficient, or excessively burdensome. These new actions
are in addition to the other steps described in this Appendix.
Section 610 Review Plan
Section 610 requires that we conduct reviews of rules that (1):
Have been published within the last 10 years and, (2) have a
``significant economic impact on a substantial number of small
entities'' (SEIOSNOSE). It also requires that we publish in the Federal
Register each year a list of any such rules that we will review during
the next year. The Office of the Secretary and each of the Department's
Operating Administrations have a 10-year review plan. These reviews
comply with section 610 of the Regulatory Flexibility Act.
Other Review Plan(s)
All elements of the Department, except for the Federal Aviation
Administration (FAA), have also elected to use this 10-year plan
process to comply with the review requirements of the Department's
Regulatory Policies and Procedures and Executive Order 12866.
Changes to the Review Plan
Some reviews may be conducted earlier than scheduled. For example,
to the extent resources permit, the plain language reviews will be
conducted more quickly. Other events, such as accidents, may result in
the need to conduct earlier reviews of some rules. Other factors may
also result in the need to make changes; for example, we may make
changes in response to public comment on this plan or in response to a
Presidentially mandated review. If there is any change to the review
plan, we will note the change in the following agenda. For any section
610 review, we will provide the required notice prior to the review.
Part II--The Review Process
The Analysis
Generally, the agencies have divided their rules into 10 different
groups and plan to analyze one group each year. For purposes of these
reviews, a year will coincide with the fall-to-fall schedule for
publication of the agenda. Thus, Year 1 (2008) begins in the fall of
2008 and ends in the fall of 2009; Year 2 (2009) begins in the fall of
2009 and ends in the fall of 2010, and so on. We request public comment
on the timing of the reviews. For example, is there a reason for
scheduling an analysis and review for a particular rule earlier than we
have? Any comments concerning the plan or particular analyses should be
submitted to the regulatory contacts listed in Appendix B, General
Rulemaking Contact Persons.
Section 610 Review
The Agency will analyze each of the rules in a given year's group
to determine whether any rule has a SEIOSNOSE and, thus, requires
review in accordance with section 610 of the Regulatory Flexibility
Act. The level of analysis will, of course, depend on the nature of the
rule and its applicability. Publication of agencies' section 610
analyses listed each fall in this agenda provides the public with
notice and an opportunity to comment consistent with the requirements
of the Regulatory Flexibility Act. We request that public comments be
submitted to us early in the analysis year concerning the small entity
impact of the rules to help us in making our determinations.
In each fall agenda, the Agency will publish the results of the
analyses it has completed during the previous year. For rules that had
a negative finding on 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.
[[Page 40095]]
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 to 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
------------------------------------------------------------------------
Regulations to be
Year reviewed Analysis year Review year
------------------------------------------------------------------------
1................... 49 CFR parts 91 2008 2009
through 99 and 14
CFR parts 200
through 212.
2................... 48 CFR parts 1201 2009 2010
through 1253 and
new parts and
subparts.
3................... 14 CFR parts 213 2010 2011
through 232.
4................... 14 CFR parts 234 2011 2012
through 254.
5................... 14 CFR parts 255 2012 2013
through 298 and
49 CFR part 40.
6................... 14 CFR parts 300 2013 2014
through 373.
7................... 14 CFR parts 374 2014 2015
through 398.
8................... 14 CFR part 399 2015 2016
and 49 CFR parts
1 through 11.
9................... 49 CFR parts 17 2016 2017
through 28.
10.................. 49 CFR parts 29 2017 2018
through 39 and
parts 41 through
89.
------------------------------------------------------------------------
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
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
[[Page 40096]]
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
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
[[Page 40097]]
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.
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
------------------------------------------------------------------------
Regulations to be
Year reviewed Analysis year Review year
------------------------------------------------------------------------
1................... 14 CFR parts 119 2008 2009
through 129 and
parts 150 through
156.
2................... 14 CFR parts 133 2009 2010
through 139 and
parts 157 through
169.
3................... 14 CFR parts 141 2010 2011
through 147 and
parts 170 through
187.
4................... 14 CFR parts 189 2011 2012
through 198 and
parts 1 through
16.
5................... 14 CFR parts 17 2012 2013
through 33.
6................... 14 CFR parts 34 2013 2014
through 39 and
parts 400 through
405.
7................... 14 CFR parts 43 2014 2015
through 49 and
parts 406 through
415.
8................... 14 CFR parts 60 2015 2016
through 77.
9................... 14 CFR parts 91 2016 2017
through 105.
10.................. 14 CFR parts 417 2017 2018
through 460.
------------------------------------------------------------------------
Section 610 Review Plan
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 SEIOSNOSE. During the second year (the ``review
year''), each rule identified in the analysis year as having a
SEIOSNOSE will be reviewed in accordance with Section 610(b) to
determine if it should be continued without change or changed to
minimize impact on small entities. Results of those reviews will be
published in the DOT Semiannual Regulatory Agenda.
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 SEIOSNOSE.
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 SEIOSNOSE.
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 SEIOSNOSE.
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 SEIOSNOSE.
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
[[Page 40098]]
Traffic Control Services and Navigational Facilities
Section 610: The agency conducted a Section 610 review of
this part and found no SEIOSNOSE.
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 SEIOSNOSE.
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 SEIOSNOSE.
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 SEIOSNOSE.
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 SEIOSNOSE.
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
Year reviewed Analysis year Review year
------------------------------------------------------------------------
1................... None.............. 2008 2009
2................... 23 CFR parts 1 to 2009 2010
260.
3................... 23 CFR parts 420 2010 2011
to 470.
4................... 23 CFR part 500... 2011 2012
5................... 23 CFR parts 620 2012 2013
to 637.
6................... 23 CFR parts 645 2013 2014
to 669.
7................... 23 CFR 710 to 924. 2014 2015
8................... 23 CFR 940 to 973. 2015 2016
9................... 23 CFR parts 1200 2016 2017
to 1252.
10.................. New parts and 2017 2018
subparts.
------------------------------------------------------------------------
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.
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
[[Page 40099]]
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
------------------------------------------------------------------------
Regulations to be
Year reviewed Analysis year Review year
------------------------------------------------------------------------
1................... 49 CFR parts 372, 2008 2009
subpart A, and
381.
2................... 49 CFR parts 386, 2009 2010
389, and 395.
3................... 49 CFR parts 325, 2010 2011
388, 350, and 355.
4................... 49 CFR parts 380 2011 2012
and 382 to 385.
5................... 49 CFR parts 390 2012 2013
to 393 and 396 to
399.
6................... 49 CFR parts 356, 2013 2014
367, 369 to 371,
372, subparts B-C.
7................... 49 CFR parts 373, 2014 2015
374, 376, and 379.
8................... 49 CFR parts 360, 2015 2016
365, 366, and 368.
9................... 49 CFR parts 377, 2016 2017
378, and 387.
10.................. 49 CFR parts 303, 2017 2018
375, and new
parts and
subparts.
------------------------------------------------------------------------
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
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
------------------------------------------------------------------------
Regulations to be
Year reviewed Analysis year Review year
------------------------------------------------------------------------
1................... 49 CFR 571.223 2008 2009
through 571.500
and parts 575 and
579.
2................... 23 CFR parts 1200 2009 2010
and 1300.
3................... 49 CFR parts 501 2010 2011
through 526 and
571.213.
4................... 49 CFR 571.131, 2011 2012
571.217, 571.220,
571.221, and
571.222.
5................... 49 CFR 571.101 2012 2013
through 571.110,
and 571.135,
571.138, and
571.139.
6................... 49 CFR parts 529 2013 2014
through 578,
except parts 571
and 575.
[[Page 40100]]
7................... 49 CFR 571.111 2014 2015
through 571.129
and parts 580
through 588.
8................... 49 CFR 571.201 2015 2016
through 571.212.
9................... 49 CFR 571.214 2016 2017
through 571.219,
except 571.217.
10.................. 49 CFR parts 591 2017 2018
through 595 and
new parts and
subparts.
------------------------------------------------------------------------
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.
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.
[[Page 40101]]
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
------------------------------------------------------------------------
Regulations to be
Year reviewed Analysis year Review year
------------------------------------------------------------------------
1................... 49 CFR parts 200 2008 2009
and 201.
2................... 49 CFR parts 207, 2009 2010
209, 211, 215,
238, and 256.
3................... 49 CFR parts 210, 2010 2011
212, 214, 217,
and 268.
4................... 49 CFR part 219... 2011 2012
5................... 49 CFR parts 218, 2012 2013
221, 241, and 244.
6................... 49 CFR parts 216, 2013 2014
228, and 229.
7................... 49 CFR parts 223 2014 2015
and 233.
8................... 49 CFR parts 224, 2015 2016
225, 231, and 234.
9................... 49 CFR parts 222, 2016 2017
227, 235, 236,
250, 260, and 266.
10..............