Department Regulatory Agenda; Semiannual Summary, 40092-40113 [2011-15494]

Download as PDF 40092 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. wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 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 VerDate Mar<15>2010 14:17 Jul 06, 2011 Jkt 223001 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; PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 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 E:\FR\FM\07JYP12.SGM 07JYP12 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 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 VerDate Mar<15>2010 14:17 Jul 06, 2011 Jkt 223001 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. 40093 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 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 Appendix B—General Rulemaking Contact Persons E:\FR\FM\07JYP12.SGM 07JYP12 40094 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 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 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 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. VerDate Mar<15>2010 14:17 Jul 06, 2011 Jkt 223001 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. PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 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. E:\FR\FM\07JYP12.SGM 07JYP12 40095 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 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. wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 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 VerDate Mar<15>2010 Analysis year 14:17 Jul 06, 2011 Jkt 223001 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 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 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 E:\FR\FM\07JYP12.SGM 07JYP12 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 40096 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 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 VerDate Mar<15>2010 14:17 Jul 06, 2011 Jkt 223001 • 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 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 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 E:\FR\FM\07JYP12.SGM 07JYP12 40097 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda • 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. VerDate Mar<15>2010 Analysis year 14:17 Jul 06, 2011 Jkt 223001 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 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 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 E:\FR\FM\07JYP12.SGM 07JYP12 40098 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 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 VerDate Mar<15>2010 14:17 Jul 06, 2011 Jkt 223001 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 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 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 E:\FR\FM\07JYP12.SGM 07JYP12 40099 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 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 .......................................................... 14:17 Jul 06, 2011 Jkt 223001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\07JYP12.SGM 07JYP12 2008 2009 2010 2011 2012 2013 Review year 2009 2010 2011 2012 2013 2014 40100 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 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 VerDate Mar<15>2010 Analysis year 14:17 Jul 06, 2011 Jkt 223001 • 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 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 2014 2015 2016 2017 Review year 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. E:\FR\FM\07JYP12.SGM 07JYP12 40101 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 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. VerDate Mar<15>2010 Analysis year 14:17 Jul 06, 2011 Jkt 223001 • 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 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 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 E:\FR\FM\07JYP12.SGM 07JYP12 40102 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 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. VerDate Mar<15>2010 Analysis year 14:17 Jul 06, 2011 Jkt 223001 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 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 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) E:\FR\FM\07JYP12.SGM 07JYP12 40103 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 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 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 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. VerDate Mar<15>2010 14:17 Jul 06, 2011 Jkt 223001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 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 E:\FR\FM\07JYP12.SGM 07JYP12 40104 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 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 VerDate Mar<15>2010 14:17 Jul 06, 2011 Jkt 223001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\07JYP12.SGM 07JYP12 2120–AJ43 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) ......................................................................... VerDate Mar<15>2010 14:17 Jul 06, 2011 Jkt 223001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\07JYP12.SGM 07JYP12 2135–AA29 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, VerDate Mar<15>2010 14:17 Jul 06, 2011 Jkt 223001 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 E:\FR\FM\07JYP12.SGM 07JYP12 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 E:\FR\FM\07JYP12.SGM 07JYP12 40108 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 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, E:\FR\FM\07JYP12.SGM 07JYP12 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 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: E:\FR\FM\07JYP12.SGM 07JYP12 40110 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 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 VerDate Mar<15>2010 12/00/11 14:17 Jul 06, 2011 Jkt 223001 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: PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 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 E:\FR\FM\07JYP12.SGM 07JYP12 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 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 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 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 VerDate Mar<15>2010 14:17 Jul 06, 2011 Jkt 223001 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 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 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 E:\FR\FM\07JYP12.SGM 07JYP12 40112 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 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 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 BILLING CODE 4910–61–P VerDate Mar<15>2010 14:17 Jul 06, 2011 Jkt 223001 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 PO 00000 Frm 00022 Fmt 4701 Sfmt 9990 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 E:\FR\FM\07JYP12.SGM 07JYP12 Vol. 76 Thursday, No. 130 July 7, 2011 Part XIII Department of the Treasury wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 Semiannual Regulatory Agenda VerDate Mar<15>2010 14:18 Jul 06, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\07JYP13.SGM 07JYP13

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











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Semiannual Regulatory Agenda



Federal Register / Vol. 76 , No. 130 / Thursday, July 7, 2011 / 

Unified Agenda



[[Page 40092]]





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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.



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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..............
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