Department Regulatory Agenda; Semiannual Summary, 35055-35076 [2015-14366]
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Vol. 80
Thursday,
No. 117
June 18, 2015
Part XII
Department of Transportation
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Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Unified Agenda
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
Appendix C—Public Rulemaking Dockets
Appendix D—Review Plans for Section 610
and Other Requirements
SUPPLEMENTARY INFORMATION:
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
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 intent of
the Agenda is to provide the public with
information about the Department of
Transportation’s regulatory activity
planned for the next 12 months. It is
expected that this information will
enable the public to more effectively
participate in the Department’s
regulatory process. 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
Jonathan Moss, Acting 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.
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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
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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
ensure that they continue to meet the
needs for which they originally were
designed. To view additional
information about the Department’s
regulatory activities online, go to
https://www.dot.gov/regulations. Among
other things, this Web site provides a
report updated monthly on the status of
the DOT significant rulemakings listed
in the semiannual regulatory agenda.
To help the Department achieve its
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
rulemakings, reviews of existing
regulations, and completed actions of
the Department. These are matters on
which action has begun or is projected
during the next 12 months 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 OST.
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.
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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 Rulemakings
The Agenda covers all rules and
regulations of the Department. We have
classified rules as significant in the
Agenda if they are, essentially, very
beneficial, controversial, or of
substantial public interest under our
Regulatory Policies and Procedures. All
DOT significant rulemaking documents
are subject to review by the Secretary of
Transportation. If the Office of
Management and Budget (OMB) decided
a rule is subject to its review under
Executive Order 12866, we have also
classified it as significant in the Agenda.
Explanation of Information on the
Agenda
An Office of Management and Budget
memorandum, dated February 23, 2015,
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
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
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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.’’ One such example of this
is the letters ‘‘SB,’’ ‘‘IC,’’ and ‘‘SLT.’’
These refer to information used as part
of our required reports on Retrospective
Review of DOT rulemakings. A ‘‘Y’’ or
an ‘‘N,’’ for yes and no, respectively,
follow the letters to indicate whether or
not a particular rulemaking would have
effects on: Small businesses (SB);
information collections (IC); or State,
local, or tribal (SLT) governments.
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
after 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
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the public with more helpful
information, as well as making 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. In response
to Executive Order 13563
‘‘Retrospective Review and Analysis of
Existing Rules,’’ in 2011 we prepared a
retrospective review plan providing
more detail on the process we use to
conduct reviews of existing rules,
including changes in response to
Executive Order 13563. We provided
the public opportunities to comment at
www.regulations.gov and Idea Scale on
both our process and any existing DOT
rules the public thought needed review.
The plan and the results of our review
can be found at https://www.dot.gov/
regulations.
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 (sec.
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
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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: April 16, 2015.
Anthony R. Foxx,
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 Regulatory 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—Mark Bury, Chief Counsel,
International Law, Legislation and
Regulations Division, 800 Independence
Avenue SW., Room 915A, Washington,
DC 20591; telephone (202) 267–3110.
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.
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NHTSA—Steve Wood, Office of Chief
Counsel, 1200 New Jersey Avenue SE.,
Washington, DC 20590; telephone (202)
366–2992.
FRA—Kathryn Gresham, Office of
Chief Counsel, 1200 New Jersey Avenue
SE., Room W31–214, Washington, DC
20590; telephone (202) 493–6063.
FTA—Bonnie Graves, Office of Chief
Counsel, 1200 New Jersey Avenue SE.,
Room E56–308, Washington, DC 20590;
telephone (202) 366–0675.
SLSDC—Carrie Mann Lavigne, Chief
Counsel, 180 Andrews Street, Massena,
NY 13662; telephone (315) 764–3200.
PHMSA—Karin Christian, 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.
OST—Jonathan Moss, 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: 9:00
a.m. to 5:00 p.m.
Appendix D—Review Plans for Section
610 and Other Requirements
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Part I—The Plan
General
The Department of Transportation has
long recognized the importance of
regularly reviewing its existing
regulations to determine whether they
need to be revised or revoked. Our
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
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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 it is needed, will
initiate rulemaking actions based on
these reviews.
In accordance with Executive Order
13563, ‘‘Improving Regulation and
Regulatory Review,’’ issued by the
President on January 18, 2011, the
Department has added other elements to
its review plan. The Department has
decided to improve its plan by adding
special oversight processes within the
Department, encouraging effective and
timely reviews, including providing
additional guidance on particular
problems that warrant review, and
expanding opportunities for public
participation. 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.
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
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for publication of the Agenda. Thus,
Year 1 (2008) begins in the fall of 2008
and ends in the fall of 2009; Year 2
(2009) begins in the fall of 2009 and
ends in the fall of 2010, and so on. We
request public comment on the timing
of the reviews. For example, is there a
reason for scheduling an analysis and
review for a particular rule earlier than
we have? Any comments concerning the
plan or particular analyses should be
submitted to the regulatory contacts
listed in appendix B, General
Rulemaking Contact Persons.
Section 610 Review
The agency will analyze each of the
rules in a given year’s group to
determine whether any rule has a
SEIOSNOSE and, thus, requires review
in accordance with section 610 of the
Regulatory Flexibility Act. The level of
analysis will, of course, depend on the
nature of the rule and its applicability.
Publication of agencies’ section 610
analyses listed each fall in this Agenda
provides the public with notice and an
opportunity to comment consistent with
the requirements of the Regulatory
Flexibility Act. We request that public
comments be submitted to us early in
the analysis year concerning the small
entity impact of the rules to help us in
making our determinations.
In each fall Agenda, the agency will
publish the results of the analyses it has
completed during the previous year. For
rules that had a negative finding on
SEIOSNOSE, we will give a short
explanation (e.g., ‘‘these rules only
establish petition processes that have no
cost impact’’ or ‘‘these rules do not
apply to any small entities’’). For parts,
subparts, or other discrete sections of
rules that do have a SEIOSNOSE, we
will announce that we will be
conducting a formal section 610 review
during the following 12 months. At this
stage, we will add an entry to the
Agenda in the prerulemaking section
describing the review in more detail. We
also will seek public comment on how
best to lessen the impact of these rules
and provide a name or docket to which
public comments can be submitted. In
some cases, the section 610 review may
be part of another unrelated review of
the rule. In such a case, we plan to
clearly indicate which parts of the
review are being conducted under
section 610.
Other Reviews
The agency will also examine the
specified rules to determine whether
any other reasons exist for revising or
revoking the rule or for rewriting the
rule in plain language. In each fall
Agenda, the agency will also publish
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information on the results of the
examinations completed during the
previous year.
Part III—List of Pending Section 610
Reviews
The Agenda identifies the pending
DOT section 610 Reviews by inserting
Year
1 ..................
2 ..................
3 ..................
4 ..................
5 ..................
6 ..................
7 ..................
8 ..................
9 ..................
10 ................
49
48
14
14
14
14
14
14
49
49
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
Office of the Secretary
Section 610 and Other Reviews
Analysis
year
parts 91 through 99 and 14 CFR parts 200 through 212 ................................................
parts 1201 through 1253 and new parts and subparts ...................................................
parts 213 through 232 ......................................................................................................
parts 234 through 254 ......................................................................................................
parts 255 through 298 and 49 CFR part 40 ....................................................................
parts 300 through 373 ......................................................................................................
parts 374 through 398 ......................................................................................................
part 399 and 49 CFR parts 1 through 11 ........................................................................
parts 17 through 28 ..........................................................................................................
parts 29 through 39 and parts 41 through 89 ..................................................................
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 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
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user would select the desired responses
on the search screen (by selecting
‘‘advanced search’’) and, in effect,
generate the desired ‘‘index’’ of reviews.
Regulations to be reviewed
Year 1 (Fall 2008) List of Rules With
Ongoing Analysis
Year 3 (Fall 2010) List of Rules With
Ongoing Analysis
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
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‘‘(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 in section 610 Reviews
under the Regulatory Flexibility Act, a
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14 CFR part 215—Use and Change of
Names of Air Carriers, Foreign Air
Carriers, and Commuter Air Carriers
14 CFR part 216—Commingling 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
14 CFR part 234—Airline Service
Quality Performance Reports
Year 4 (Fall 2011) List of Rules With
Ongoing Analysis
14 CFR part 240—Inspection of
Accounts and Property
14 CFR part 241—Uniform System of
Accounts and Reports for Large
Certificated Air Carriers
14 CFR part 243—Passenger Manifest
Information
14 CFR part 247—Direct Airport-toAirport Mileage Records
14 CFR part 248—Submission of Audit
Reports
14 CFR part 249—Preservation of Air
Carrier Records
Year 5 (Fall 2012) List of Rules With
Ongoing Analysis
14 CFR part 255—Airline Computer
Reservations Systems
14 CFR part 256—[Reserved]
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Review
year
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
14 CFR part 271—Guidelines for
Subsidizing Air Carriers Providing
Essential Air Transportation
14 CFR part 272—Essential Air Service
to the Freely Associated States
14 CFR part 291—Cargo Operations in
Interstate Air Transportation
14 CFR part 292—International Cargo
Transportation
14 CFR part 293—International
Passenger Transportation
14 CFR part 294—Canadian Charter Air
Taxi Operators
14 CFR part 296—Indirect Air
Transportation of Property
14 CFR part 297—Foreign Air Freight
Forwarders and Foreign
Cooperative Shippers Associations
14 CFR part 298—Exemptions for Air
Taxi and Commuter Air Carrier
Operations
Year 6 (2013) List of Rules With
Ongoing Analysis
14 CFR part 300—Rules of Conduct in
DOT Proceedings Under This
Chapter
14 CFR part 302—Rules of Practice in
Proceedings
14 CFR part 303—Review of Air Carrier
Agreements
14 CFR part 305—Rules of Practice in
Informal Nonpublic Investigations
14 CFR part 313—Implementation of the
Energy Policy and Conservation Act
14 CFR part 323—Terminations,
Suspensions, and Reductions of
Service
14 CFR part 325—Essential Air Service
Procedures
14 CFR part 330—Procedures For
Compensation of Air Carriers
14 CFR part 372—Overseas Military
Personnel Charters
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Year 7 (2014) List of Rules That Will be
Analyzed During the Next Year
14 CFR part 374—Implementation of the
Consumer Credit Protection Act
with Respect to Air Carriers and
Foreign Air Carriers
14 CFR part 374a—Extension of Credit
by Airlines to Federal Political
Candidates
14 CFR part 375—Navigation of Foreign
Civil Aircraft within the United
States
14 CFR part 377—Continuance of
Expired Authorizations by
Operation of Law Pending Final
Determination of Applications for
Renewal Thereof
14 CFR part 380—Public Charters
Year
1 ..................
2 ..................
3 ..................
4 ..................
5 ..................
6 ..................
7 ..................
8 ..................
9 ..................
10 ................
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Federal Aviation Administration
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 SEIONOSE will be reviewed in
accordance with Section 610 (b) to
determine if it should be continued
without change or changed to minimize
impact on small entities. Results of
those reviews will be published in the
DOT Semiannual Regulatory Agenda.
Regulations to be reviewed
14
14
14
14
14
14
14
14
14
14
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
parts
parts
parts
parts
parts
parts
parts
parts
parts
parts
Analysis year
119 through 129 and parts 150 through 156 ..........................................................
133 through 139 and parts 157 through 169 ..........................................................
141 through 147 and parts 170 through 187 ..........................................................
189 through 198 and parts 1 through 16 ................................................................
17 through 33 ..........................................................................................................
34 through 39 and parts 400 through 405 ..............................................................
43 through 49 and parts 406 through 415 ..............................................................
60 through 77 ..........................................................................................................
91 through 105 ........................................................................................................
417 through 460 ......................................................................................................
Year 7 (2014) List of Rules Analyzed
and Summary of Results
14 CFR part 43—Maintenance,
Preventive maintenance,
Rebuilding, and Alteration
• Section 610: The agency conducted
a Section 610 review of this part
and found no SEISNOSE.
• General: No changes are needed.
These regulations are cost effective
and impose the least burden. FAA’s
plain language review of these rules
indicates no need for substantial
revision.
14 CFR part 45—Identification and
Registration Marking
• Section 610: The agency conducted
a Section 610 review of this part
and found no SEISNOSE.
• General: No changes are needed.
These regulations are cost effective
and impose the least burden. FAA’s
plain language review of these rules
indicates no need for substantial
revision.
14 CFR part 47—Aircraft Registration
• Section 610: The agency conducted
a Section 610 review of this part
and found no SEISNOSE.
• General: No changes are needed.
These regulations are cost effective
and impose the least burden. FAA’s
plain language review of these rules
indicates no need for substantial
revision.
VerDate Sep<11>2014
14 CFR part 381—Special Event Tours
14 CFR part 382—Nondiscrimination
On The Basis Of Disability in Air
Travel
14 CFR part 383—Civil Penalties
14 CFR part 385—Staff Assignments and
Review of Action under
Assignments
14 CFR part 389—Fees and Charges for
Special Services
14 CFR part 398—Guidelines for
Individual Determinations of Basic
Essential Air Service
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14 CFR part 49—Recording of Aircraft
Titles and Security Documents
• Section 610: The agency conducted
a Section 610 review of this part
and found no SEISNOSE.
• General: No changes are needed.
These regulations are cost effective
and impose the least burden. FAA’s
plain language review of these rules
indicates no need for substantial
revision.
14 CFR part 406—Investigations,
Enforcement, and Administrative
Review
• Section 610: The agency conducted
a Section 610 review of this part
and found no SEISNOSE.
• General: No changes are needed.
These regulations are cost effective
and impose the least burden. FAA’s
plain language review of these rules
indicates no need for substantial
revision.
14 CFR part 413—License Application
Procedures
• Section 610: The agency conducted
a Section 610 review of this part
and found no SEISNOSE.
• General: No changes are needed.
These regulations are cost effective
and impose the least burden. FAA’s
plain language review of these rules
indicates no need for substantial
revision.
14 CFR part 414—Safety Approvals
• Section 610: The agency conducted
a Section 610 review of this part
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2009
2010
2011
2012
2013
2014
2015
2016
2017
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2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
and found no SEISNOSE.
• General: No changes are needed.
These regulations are cost effective
and impose the least burden. FAA’s
plain language review of these rules
indicates no need for substantial
revision.
14 CFR part 415—Launch License
• Section 610: The agency conducted
a Section 610 review of this part
and found no SEISNOSE.
• General: No changes are needed.
These regulations are cost effective
and impose the least burden. FAA’s
plain language review of these rules
indicates no need for substantial
revision.
Year 8 (2015) List of Rules To Be
Analyzed During the Next Year
14 CFR part 60—Flight Simulation
Training Device Initial and
Continuing Qualification and Use
14 CFR part 61—Certification: Pilots,
Flight Instructors, and Ground
Instructors
14 CFR part 63—Certification: Flight
Crewmembers other than Pilots
14 CFR part 65—Certification: Airmen
other than Flight Crewmembers
14 CFR part 67—Medical Standards and
Certification
14 CFR part 71—Designation of Class A,
B, C, D, and E Airspace Areas; Air
Traffic Service Routes; and
Reporting Points
14 CFR part 73—Special Use Airspace
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14 CFR part 77—Safe, Efficient Use, and
Preservation of the Navigable
Airspace
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 parts 710 to 924 ...............................................................................................................
23 CFR parts 940 to 973 ...............................................................................................................
23 CFR parts 1200 to 1252 ...........................................................................................................
New parts and subparts .................................................................................................................
Federal-Aid Highway Program
The Federal Highway Administration
(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 highway is chapter I of
title 23 of the U.S.C. 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.
tkelley on DSK3SPTVN1PROD with PROPOSALS 12
Year 6 (Fall 2013) List of Rules
Analyzed and a Summary of Results
23 CFR part 645—Utilities
• 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 646—Railroads
• 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 FR part 650—Bridges, Structures,
and Hydraulics
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Analysis year
• 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 652—Pedestrian and
Bicycle Accommodations and
Projects
• 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 655—Traffic Operations
• 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 656—Carpool and Vanpool
Projects
• 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 657—Certification of Size
and Weight Enforcement
• 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 658—Truck Size and
Weight, Route Designations—
Length, Width and Weight
Limitations
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2009
2010
2011
2012
2013
2014
2015
2016
2017
Review year
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
• 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 660—Special Programs
(Direct Federal)
• 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 661—Indian Reservation
Road Bridge 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.
FHWA’s plain language review of
these rules indicates no need for
substantial revision.
23 CFR part 668—Emergency Relief
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.
FHWA’s plain language review of
these rules indicates no need for
substantial revision.
23 CFR part 669—Enforcement of Heavy
Vehicle Use Tax
• 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.
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Year 7 (Fall 2014) List of Rules That
Will Be Analyzed During the Next Year
23 CFR part 710—Right-of-Way and
Real Estate
23 CFR part 750—Highway
Beautification
23 CFR part 751—Junkyard Control and
Acquisition
23 CFR part 752—Landscape and
Roadside Development
Year
1 ..................
2 ..................
3 ..................
4 ..................
5 ..................
6 ..................
7 ..................
8 ..................
9 ..................
10 ................
49
49
49
49
49
49
49
49
49
49
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
23 CFR part 810—Mass Transit and
Special Use Highway Projects
23 CFR part 924—Highway Safety
Improvement Program
Federal Motor Carrier Safety
Administration
Section 610 and Other Reviews
Analysis year
part 372, subpart A ..........................................................................................................
part 386 ............................................................................................................................
parts 325 and 390 (General) ............................................................................................
parts 390 (Small Passenger-Carrying Vehicles), 391 to 393 and 396 to 399 ................
part 387 ............................................................................................................................
parts 356, 367, 369 to 371, 372 (subparts B and C) ......................................................
parts 373, 374, 376, and 379 ...........................................................................................
parts 360, 365, 366, and 368 ...........................................................................................
part 395 ............................................................................................................................
parts 375, 377, 378 ..........................................................................................................
49 CFR part 325—Compliance With
Interstate Motor Carrier Noise
Emission
49 CFR part 390—Federal Motor Carrier
Safety Regulations, General
Year 4 (Fall 2011) List of Rules
Analyzed and a Summary of Results
49 CFR part 399—Employee Safety and
Health Standards
• Section 610: The agency conducted
a Section 610 review of these parts
and found no SEIOSNOSE. While
these parts affect a substantial
number of small entities, the
current requirements are prudent
business practices and do not
impose a significant economic
impact.
• General: No changes are needed.
These regulations are cost effective
and impose the least burden.
FMCSA’s plain language review of
these rules indicates no need for
substantial revision.
Year 4 (Fall 2011) List of Rules With
Ongoing Analysis
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23 CFR part 777—Mitigation of Impacts
to Wetlands and Natural Habitat
Regulations to be reviewed
Year 3 (Fall 2010) List of Rules With
Ongoing Analysis
49 CFR part 390—Definition of
Commercial Motor Vehicle (CMV)—
Requirements for Operators of
Small Passenger-Carrying CMVs.
• This rule was moved up from Year
4 as a result of the Department’s
Retrospective Regulatory Review.
49 CFR part 391—Driver Qualifications
49 CFR part 392—Driving of
Commercial Motor Vehicles
VerDate Sep<11>2014
23 CFR part 771—Environmental Impact
and Related Procedures
23 CFR part 772—Procedures for
Abatement of Highway Traffic
Noise and Construction Noise
23 CFR part 773—Surface
Transportation Project Delivery
Pilot Program
23 CFR part 774—Parks, Recreation
Areas, Wildlife and Waterfowl
Refuges, and Historic Sites (Section
4(f))
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49 CFR part 393—Parts and Accessories
Necessary for Safe Operation
49 CFR part 396—Inspection, Repair
and Maintenance of Commercial
Motor Vehicles
49 CFR part 397—Transportation of
Hazardous Materials; Driving and
Parking Rules
49 CFR part 398—Transportation of
Migrant Workers
Year 5 (Fall 2012) List of Rules
Analyzed and a Summary of Results
49 CFR part 387—Minimum Levels of
Financial Responsibility for Motor
Carriers
• Section 610: The agency conducted
a Section 610 review of this part
and found no SEIOSNOSE. While
part 387 affects a substantial
number of small entities, the
currently required minimum levels
of financial responsibility do not
impose a significant economic
impact because the industry
standard imposed by lenders
requires an even higher level of
coverage.
• General: On July 6, 2012, the
President signed Moving Ahead for
Progress in the 21st Century Act
(MAP–21) into law. Section 32104
of MAP–21 directed the Secretary to
issue a report on the
appropriateness of: (1) The current
minimum financial responsibility
requirements for the transportation
of passengers and property and (2)
the current bond and insurance
requirements for freight forwarders
and brokers, including for brokers
for motor carriers of passengers.
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2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
FMCSA issued this report in April
2014. Section 32104 also directed
the Secretary to determine the
appropriateness of these
requirements every four years and
to issue similar reports to Congress.
In its April 2014 report, FMCSA
concluded that the current financial
responsibility minimums are
inadequate to cover the costs of
some crashes. FMCSA is drafting an
Advance Notice of Proposed
Rulemaking to consider increasing
the current levels of minimum
financial responsibility.
Year 6 (Fall 2013) List of Rule(s) With
Ongoing Analysis
49 CFR part 356—Motor Carrier Routing
Regulations
49 CFR part 367—Standards for
Registration With States
49 CFR part 369—Reports of Motor
Carriers
49 CFR part 370—Principles and
Practices for the Investigation and
Voluntary Disposition of Loss and
Damage Claims and Processing
Salvage
49 CFR part 371—Brokers of Property
49 CFR part 372 (subparts B and C)—
Exemptions, Commercial Zones and
Terminal Areas
Year 7 (Fall 2014) List of Rule(s) That
Will Be Analyzed This Year
49 CFR part 373—Receipts and Bills
49 CFR part 374—Discrimination in
Operations of Interstate Motor
Common Carriers of Passengers
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49 CFR part 376—Lease and Interchange
of Vehicles
49 CFR part 379—Preservation of
Records
National Highway Traffic Safety
Administration
Section 610 and Other Reviews
Year
tkelley on DSK3SPTVN1PROD with PROPOSALS 12
1 ..................
2 ..................
3 ..................
4 ..................
5 ..................
6 ..................
7 ..................
8 ..................
9 ..................
10 ................
Regulations to be reviewed
49
23
49
49
49
49
49
49
49
49
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
parts
parts
parts
parts
parts
parts
parts
parts
parts
parts
571.223 through 571.500, and parts 575 and 579 .................................................
1200 through 1300 ..................................................................................................
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 ............................
529 through 578, except parts 571 and 575 ..........................................................
571.111 through 571.129 and parts 580 through 588 ............................................
571.201 through 571.212 ........................................................................................
571.214 through 571.219, except 571.217 .............................................................
591 through 595 and new parts and subparts .......................................................
Year 6 (Fall 2013) List of Rules
Analyzed and a Summary of the Results
49 CFR part 529—Manufacturers of
Multistage Automobiles
• Section 610: There is no
SEIOSNOSE.
• 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.
49 CFR part 531—Passenger Automobile
Average Fuel Economy
• Section 610: There is no
SEIOSNOSE.
• 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.
49 CFR part 533—Light Truck Fuel
Economy Standards
• Section 610: There is no
SEIOSNOSE.
• 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.
49 CFR part 534—Rights and
Responsibilities of Manufacturers in
the Context of Changes in Corporate
Relationships
• Section 610: There is no
SEIOSNOSE.
• 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.
49 CFR part 535—Medium- and HeavyDuty Vehicle Fuel Efficiency
Program
• Section 610: There is no
SEIOSNOSE.
• General: No changes are needed.
These regulations are cost effective
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and impose the least burden.
NHTSA’s plain language review of
these rules indicates no need for
substantial revision.
49 CFR part 536—Transfer and Trading
of Fuel Economy Credits
• Section 610: There is no
SEIOSNOSE.
• 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.
49 CFR part 537—Automotive Fuel
Economy Reports
• Section 610: There is no
SEIOSNOSE.
• 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.
49 CFR part 538—Manufacturing
Incentives for Alternative Fuel
Vehicles
• Section 610: There is no
SEIOSNOSE.
• 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.
49 CFR part 541—Federal Motor Vehicle
Theft Prevention Standard
• Section 610: There is no
SEIOSNOSE.
• 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.
49 CFR part 542—Procedures for
Selecting Light Duty Truck Lines to
be Covered by the Theft Prevention
Standard
• Section 610: There is no
SEIOSNOSE.
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2009
2010
2011
2012
2013
2014
2015
2016
2017
Review year
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
• 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.
49 CFR part 543—Exemption From
Vehicle Theft Prevention Standard
• Section 610: There is no
SEIOSNOSE.
• 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.
49 CFR part 545—Federal Motor Vehicle
Theft Prevention Standard Phase-In
and Small-Volume Line Reporting
Requirements
• Section 610: There is no
SEIOSNOSE.
• 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.
49 CFR part 551—Procedural Rules
• Section 610: There is no
SEIOSNOSE.
• 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.
49 CFR part 552—Petitions for
Rulemaking, Defect, and
Noncompliance Orders
• Section 610: There is no
SEIOSNOSE.
• 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.
49 CFR part 553—Rulemaking
Procedures
• Section 610: There is no
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SEIOSNOSE.
• 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.
49 CFR part 554—Standards
Enforcement and Defects
Investigation
• Section 610: There is no
SEIOSNOSE.
• 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.
49 CFR part 555—Temporary
Exemption from Motor Vehicle
Safety and Bumper Standards
• Section 610: There is no
SEIOSNOSE.
• 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.
49 CFR part 556—Exemption for
Inconsequential Defect or
Noncompliance
• Section 610: There is no
SEIOSNOSE.
• 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.
49 CFR part 557—Petitions for Hearings
on Notification and Remedy of
Defects
• Section 610: There is no
SEIOSNOSE.
• 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.
49 CFR part 563—Event Data Recorders
• Section 610: There is no
SEIOSNOSE.
• 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.
49 CFR part 564—Replaceable Light
Source and Sealed Beam Headlamp
Information
• Section 610: There is no
SEIOSNOSE.
• General: No changes are needed.
These regulations are cost effective
and impose the least burden.
NHTSA’s plain language review of
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these rules indicates no need for
substantial revision.
49 CFR part 565—Vehicle Identification
Number (VIN) Requirements
• Section 610: There is no
SEIOSNOSE.
• 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.
49 CFR part 566—Manufacturer
Identification
• Section 610: There is no
SEIOSNOSE.
• 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.
49 CFR part 567—Certification
• Section 610: There is no
SEIOSNOSE.
• 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.
49 CFR part 568—Vehicles
Manufactured in Two or More
Stages—All Incomplete,
Intermediate and Final-Stage
Manufacturers of Vehicles
Manufactured in Two or More
Stages
• Section 610: There is no
SEIOSNOSE.
• 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.
49 CFR part 569—Regrooved Tires
• Section 610: There is no
SEIOSNOSE.
• 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.
49 CFR part 570—Vehicle In Use
Inspection Standards
• Section 610: There is no
SEIOSNOSE.
• 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.
49 CFR part 572—Anthropomorphic
Test Devices
• Section 610: There is no
SEIOSNOSE.
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• General: No changes are needed.
These regulations are cost effective
and impose the least burden.
NHTSA’s plain language review of
these rules indicates no need for
substantial revision.
49 CFR part 573—Defect and
Noncompliance Responsibility and
Reports
• Section 610: There is no
SEIOSNOSE.
• 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.
49 CFR part 574—Tire Identification
and Recordkeeping
• Section 610: There is no
SEIOSNOSE.
• 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.
49 CFR part 576—Record Retention
• Section 610: There is no
SEIOSNOSE.
• 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.
49 CFR part 577—Defect and
Noncompliance Notification
• Section 610: There is no
SEIOSNOSE.
• 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.
49 CFR part 578—Civil and Criminal
Penalties
• Section 610: There is no
SEIOSNOSE.
• 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 7 (Fall 2014) List of Rules That
Will Be Analyzed During the Next Year
49 CFR part 571.111—Rear Visibility
49 CFR part 571.112—[Reserved]
49 CFR part 571.113—Hood Latch
System
49 CFR part 571.114—Theft Protection
and Rollaway Prevention
49 CFR part 571.115—[Reserved]
49 CFR part 571.116—Motor Vehicle
Brake Fluids
49 CFR part 571.117—Retreaded
Pneumatic Tires
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49 CFR part 571.118—Power-Operated
Window, Partition, and Roof Panel
Systems
49 CFR part 571.119—New Pneumatic
Tires For Motor Vehicles With a
GVWR of More Than 4,536
Kilograms (10,000 Pounds) and
Motorcycles
49 CFR part 571.120—Tire Selection
and Rims and Motor Home/
Recreation Vehicle Trailer Load
Carrying Capacity Information For
Motor Vehicles With a GVWR of
More Than 4,536 Kilograms (10,000
Pounds)
49 CFR part 571.121—Air Brake
Systems
Year
1 ..................
2 ..................
3 ..................
4 ..................
5 ..................
6 ..................
7 ..................
8 ..................
9 ..................
10 ................
49
49
49
49
49
49
49
49
49
49
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CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
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Year
VerDate Sep<11>2014
Federal Railroad Administration
Section 610 and Other Reviews
Analysis year
parts 200 and 201 ............................................................................................................
parts 207, 209, 211, 215, 238, and 256 ..........................................................................
parts 210, 212, 214, 217, and 268 ..................................................................................
part 219 ............................................................................................................................
parts 218, 221, 241, and 244 ...........................................................................................
parts 216, 228, and 229 ...................................................................................................
parts 223 and 233 ............................................................................................................
parts 224, 225, 231, and 234 ...........................................................................................
parts 222, 227, 235, 236, 250, 260, and 266 ..................................................................
parts 213, 220, 230, 232, 239, 240, and 265 ..................................................................
49 CFR part 216—Special Notice and
Emergency Order Procedures:
Railroad Track, Locomotive and
Equipment
• Section 610: There is no
SEIOSNOSE.
• General: Since the rule deals with
the special notices for repairs of
railroad freight car, locomotive,
passenger equipment, and track
class and prescribes for the issuance
and review of emergency orders for
removing dangerously substandard
track from service, it will provide
safety and security for railroad
employees and the public. FRA’s
plain language review of this rule
indicates no need for substantial
revision.
49 CFR part 228—Hours of Service of
Railroad Employees
• Section 610: There is no
SEIOSNOSE.
• General: Since the rule prescribes
reporting and recordkeeping
requirements regarding the hours of
..................
..................
..................
..................
..................
..................
49 CFR part 581—Bumper Standard
49 CFR part 582—Insurance Cost
Information Regulation
49 CFR part 583—Automobile Parts
Content Labeling
49 CFR part 585—Phase-In Reporting
Requirements
49 CFR part 586—[Reserved]
49 CFR part 587—Deformable Barriers
49 CFR part 588—Child Restraint
Systems Recordkeeping
Requirements
Regulations to be reviewed
Year 6 (Fall 2013) List of Rules
Analyzed and a Summary of Results
1
2
3
4
5
6
49 CFR part 571.122—Motorcycle Brake
Systems
49 CFR part 571.122a—Motorcycle
Brake Systems
49 CFR part 571.123—Motorcycle
Controls and Displays
49 CFR part 571.124—Accelerator
Control Systems
49 CFR part 571.125—Warning Devices
49 CFR part 571.126—Electronic
Stability Control Systems
49 CFR part 571.127–571.128—
[Reserved]
49 CFR part 571.129—New Nonpneumatic Tires For Passenger Cars
49 CFR part 580—Odometer Disclosure
Requirements
service of certain railroad
employees, railroad contractors and
subcontractors; establishes
requirements for electronic
recordkeeping systems for the
creation and maintenance of
required hours of service records;
establishes standards and
procedures concerning the
construction or reconstruction of
sleeping quarters; establishes
minimum safety and health
standards for camp cars provided
by a railroad as sleeping quarters;
and prescribes substantive hours of
service requirements for train
employees engaged in commuter or
intercity rail passenger
transportation. It promotes the
safety of railroad operations and
employees. FRA’s plain language
review of this rule indicates no
need for substantial revision.
49 CFR part 229—Railroad Locomotive
Safety Standards
• Section 610: There is a
SEIOSNOSE. These are minimum
Federal standards for railroad
locomotive safety. The FRA will
CFR
CFR
CFR
CFR
CFR
CFR
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
Year 7 (fall 2014) List of rule(s) that will
be analyzed during next year
49 CFR part 223—Safety Glazing
Standards—Locomotives, Passenger
Cars and Cabooses
49 CFR part 233—Signal System
Reporting Requirements
Federal Transit Administration
Section 610 and Other Reviews
Analysis year
parts 604, 605, and 633 ...................................................................................................
parts 661 and 665 ............................................................................................................
part 633 ............................................................................................................................
parts 609 and 611 ............................................................................................................
parts 613 and 614 ............................................................................................................
part 622 ............................................................................................................................
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2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
conduct a formal review to identify
whether opportunities may exist to
reduce the burden on small
railroads without compromising
safety standards.
• General: Since the rule prescribes
minimum Federal safety standards
for all locomotives except those
propelled by steam power, these
regulations are necessary to achieve
better and effective compliance of
railroad locomotive safety standards
and to minimize the number of
casualties. FRA’s plain language
review of this rule indicates that
there is no need for substantial
revision.
Regulations to be reviewed
49
49
49
49
49
49
Review year
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2009
2010
2011
2012
2013
Review year
2009
2010
2011
2012
2013
2014
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Year
7 ..................
8 ..................
9 ..................
10 ................
Regulations to be reviewed
49
49
49
49
CFR
CFR
CFR
CFR
part 630 ............................................................................................................................
part 639 ............................................................................................................................
parts 659 and 663 ............................................................................................................
part 665 ............................................................................................................................
Year 6 (fall 2013) List of rules analyzed
and summary of results
49 CFR part 622—Environmental Impact
and Related Procedures
• Section 610: The agency has
determined that the rule does not
have a significant effect on a
substantial number of small
entities. FTA and FHWA recently
revised the rule and evaluated the
likely effects of the final rule on
small entities and requested public
comment during the rulemaking
process. FTA and FHWA
determined that the rule does not
have a significant economic impact
on entities of any size. FTA and
FHWA expect the revisions to the
rule will expedite environmental
review. Thus, FTA and FHWA
Year
1 ..................
2 ..................
3 ..................
4 ..................
5 ..................
6 ..................
7 ..................
8 ..................
9 ..................
10 ................
tkelley on DSK3SPTVN1PROD with PROPOSALS 12
determined that the rule will not
have a significant economic impact
on a substantial number of small
entities. FTA and FHWA received
no comment on this issue in the
rulemaking process.
• General: FTA revised part 622 via a
final rule in January 2013, in order
to implement recent MAP–21
requirements (see 79 FR 2107). Part
622 cross-references 23 CFR part
771. FTA and FHWA joint
procedures at 23 CFR part 771
describe how FTA and FHWA
comply with NEPA and the Council
on Environmental Quality (CEQ)
regulations implementing NEPA.
Sections 1316 and 1317 of MAP–21
require the Secretary of
Transportation to promulgate
46
46
46
46
46
46
46
46
46
46
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CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
2014
2015
2016
2017
49 CFR part 630—National Transit
Database
Maritime Administration
Section 610 and Other Reviews
parts 201 through 205 ......................................................................................................
parts 221 through 232 ......................................................................................................
parts 249 through 296 ......................................................................................................
parts 221, 298, 308, and 309 ...........................................................................................
parts 307 through 309 ......................................................................................................
part 310 ............................................................................................................................
parts 315 through 340 ......................................................................................................
parts 345 through 381 ......................................................................................................
parts 382 through 389 ......................................................................................................
parts 390 through 393 ......................................................................................................
46 CFR part 221—Foreign Transfer
Regulations
• Section 610: There is no
SEIOSNOSE.
• General: An updated rule was
promulgated, providing technical
changes including corrections to
statutory references, updates to
citations and addresses, and deleted
other obsolete references.
46 CFR part 327—Administrative
Claims
• Section 610: There is no
SEIOSNOSE.
• General: An updated rule was
promulgated, providing clarity to
the public regarding the filing of
administrative claims and adopting
a procedural process for effectively
resolving claims under the Suits in
Admiralty Act, the Admiralty
Extension Act and the Clarification
Act.
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2015
2016
2017
2018
Year 7 (fall 2014) List of rules that will
be analyzed during the next year
Analysis year
46 CFR part 249—Approval of
Underwriters for Marine Hull
Insurance
• Section 610: There is no
SEIOSNOSE.
• General: No changes are needed.
MARAD’s plain language review of
this rule indicated no need for
substantial revision.
46 CFR part 287—Establishment of
Construction Reserve Funds
• Section 610: There is no
SEIOSNOSE.
• General: No changes are needed.
MARAD’s plain language review of
this rule indicated no need for
substantial revision.
46 CFR part 295—Maritime Security
Program (MSP)
• Section 610: There is no
SEIOSNOSE.
• General: No changes are needed.
MARAD’s plain language review of
this rule indicated no need for
substantial revision.
Review year
regulations designating two types of
actions as categorical exclusions in
23 CFR part 771: (1) Any project (as
defined in 23 U.S.C. 101(a)) within
an existing operational right-of-way
and (2) any project that receives less
than $5,000,000 of Federal funds or
with a total estimated cost of not
more than $30,000,000 and Federal
funds comprising less than 15
percent of the total estimated
project cost, respectively.
Regulations to be reviewed
Year 4 (Fall 2011) List of Rules
Analyzed and Summary of Results
VerDate Sep<11>2014
Analysis year
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
Review year
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
Year 4 (Fall 2011) List of Rules With
Ongoing Analysis
46 CFR part 381—Cargo Preference—
U.S.-Flag Vessels
46 CFR part 383—Cargo Preference—
Compromise, Assessment,
Mitigation, Settlement, and
Collection of Civil Penalties
46 CFR part 272—Requirements and
Procedures for Conducting
Condition Surveys and
Administering Maintenance and
Repair Subsidy
46 CFR part 296—Maritime Security
Program (MSP)
Year 5 (2012) List of Rules Analyzed
and Summary of Results
46 CFR part 308—War Risk Insurance
• Section 610: There is no
SEIOSNOSE.
• General: An updated rule was
promulgated, correcting numerous
citations, updating relevant agency
contact and underwriting agent
information, and removing other
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obsolete references.
46 CFR part 309—War Risk Ship
Valuation
• Section 610: There is no
SEIOSNOSE.
• General: No changes are needed.
MARAD’s plain language review of
this rule indicated no need for
substantial revision.
Year 5 (2012) List of Rules With
Ongoing Analysis
46 CFR part 307—Mandatory Position
Report System for Vessels
Year 6 (2013) List of Rules With
Ongoing Analysis
46 CFR part 310—Merchant Marine
Training
Year 7 (2014) List of Rules That Will Be
Analyzed During the Next Year
46 CFR part 315—Agency Agreements
and Appointment of Agents
46 CFR part 317—Bonding of Ship’s
Personnel
Year
1 ..................
2 ..................
3 ..................
4 ..................
5 ..................
6 ..................
7 ..................
8 ..................
9 ..................
10 ................
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Operated for the Account of the
National Shipping Authority Under
General Agency Agreement
46 CFR part 337—General Agent’s
responsibility in Connection with
Foreign Repair Custom’s Entries
46 CFR part 338—Procedure for
Accomplishment of Vessel Repairs
Under National Shipping Authority
Master Lump Sum Repair
Contract—NSA—Lumpsumrep
46 CFR part 339—Procedure for
Accomplishment of Ship Repairs
Under National Shipping Authority
Individual Contract for Minor
Repairs—NSA—Worksmalrep
46 CFR part 340—Priority Use and
Allocation of Shipping Services,
Container and Chassis and Port
Facilities and Services for National
Security and National Defense
Related Operations.
Pipeline and Hazardous Materials
Safety Administration (PHMSA)
Section 610 and Other Reviews
Analysis
year
Regulations to be reviewed
49
49
49
49
49
49
49
49
49
49
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
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 6 (Fall 2013) List of Rules
Analyzed and a Summary of Results
49 CFR part 174—Carriage by Rail
• Section 610: There is no
SEIOSNOSE. On August 27–28,
2013 (78 FR 42998)
PHMSA and FRA held a public
meeting to address the transportation of
hazardous materials by rail. This
meeting was part of PHMSA and FRA’s
comprehensive review of operational
factors that affect the safety of the
transportation of hazardous materials by
rail and sought input from stakeholders
and interested parties. Specifically, this
meeting sought comment from the
regulated community including small
entities on revision to part 174. PHMSA
and FRA have evaluated the comments
from this meeting. The comments to this
public meeting noted that some small
entities may be affected, but the
economic impact on small entities will
not be significant. As a result, the
agency determined that the rules do not
have a significant economic impact on
VerDate Sep<11>2014
46 CFR part 324—Procedural Rules for
Financial Transactions Under
Agency Agreements
46 CFR part 325—Procedure to be
Followed by General Agents in
Preparation of Invoices and
Payment of Compensation Pursuant
to Provisions of NSA Order No. 47
46 CFR part 326—Marine Protection and
Indemnity Insurance Under
Agreements with Agents
46 CFR part 327—Seamen’s Claims;
Administrative Action and
Litigation
46 CFR part 328—Slop Chests
46 CFR part 329—Voyage Data
46 CFR part 330—Launch Services
46 CFR part 332—Repatriation of
Seaman
46 CFR part 335—Authority and
Responsibility of General Agents to
Undertake Emergency Repairs in
Foreign Ports
46 CFR part 336—Authority and
Responsibility of General Agents to
Undertake in Continental United
States Ports Voyage Repairs and
Service Equipment of Vessels
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a substantial number of small entities. A
response to the public comments,
including those of small entities, and
proposals for corresponding revisions to
part 174 will be included in a future
rulemaking.
• General: The requirements in this
rule are necessary to protect rail
transportation workers and the
general public from the dangers
associated with hazardous materials
incidents in rail transportation.
PHMSA’s plain language review of
this rule indicates no need for
substantial revision; however, any
revisions to part 174 as part of a
future rulemaking will take into
account plain language principles
and where appropriate clarify
unclear language.
49 CFR part 177—Carriage by Public
Highway
• Section 610: There is no
SEIOSNOSE. This rule prescribes
minimum safety standards for the
transportation of hazardous
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2011
2012
2013
2014
2015
2016
2017
Review
year
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
materials for highway
transportation. Some small entities
may be affected, but the economic
impact on small entities will not be
significant.
• General: The requirements in this
rule are necessary to protect
highway transportation workers and
the general public from the dangers
associated with hazardous materials
incidents in highway
transportation. PHMSA’s plain
language review of this rule
indicates no need for substantial
revision.
49 CFR part 191—Transportation of
Natural and Other Gas by Pipeline;
Annual Reports, Incident Reports,
and Safety-Related Condition
Reports
• Section 610: There is no
SEIOSNOSE. Based on regulated
entities, PHMSA found that the majority
of operators are not small businesses.
Therefore, though some small entities
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may be affected, 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. PHMSA’s plain
language review of this rule indicates no
need for substantial revision.
49 CFR part 192—Transportation of
Natural and Other Gas by Pipeline:
Minimum Federal Safety Standards
• Section 610: There is no
SEIOSNOSE. Based on regulated
entities, PHMSA found that the
majority of operators are not small
businesses. Therefore, though some
small entities may be affected, 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.
PHMSA’s plain language review of
this rule indicates no need for
substantial revision.
Year 7 (Fall 2014) List of Rules That
Will Be Analyzed During the Next Year
49 CFR part 176—Carriage by Vessel
49 CFR part 199—Drug and Alcohol
Testing
Saint Lawrence Seaway Development
Corporation
Section 610 and Other Reviews
Analysis
year
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
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—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
184 ....................
+ Airline Pricing Transparency and Other Consumer Protection Issues .........................................................
2105–AE11
+ DOT-designated significant regulation.
FEDERAL AVIATION ADMINISTRATION—PRERULE STAGE
Regulation
Identifier No.
Sequence No.
Title
185 ....................
+ Applying the Flight, Duty, and Rest Rules of 14 CFR part 135 to Tail-End Ferry Operations (FAA Reauthorization).
2120–AK26
+ DOT-designated significant regulation.
FEDERAL AVIATION ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
186 ....................
187 ....................
+ Operation and Certification of Small Unmanned Aircraft Systems ...............................................................
Changing the Collective Risk Limits for Launches and Reentries, and Clarifying the Risk Limit Used to Establish Hazard Areas for Ships and Aircraft.
Flight Simulation Training Device (FSTD) Qualification Standards for Extended Envelope and Adverse
Weather Event Training.
+ Applying the Flight, Duty and Rest Requirements to Ferry Flights That Follow Domestic, Flag, or Supplemental All-Cargo Operations; (Reauthorization).
Reciprocal Waivers of Claims for Licensed or Permitted Launch and Reentry Activities (RRR) ...................
+ Reorganization ..............................................................................................................................................
188 ....................
189 ....................
190 ....................
191 ....................
2120–AJ60
2120–AK06
2120–AK08
2120–AK22
2120–AK44
2120–AK65
+ DOT-designated significant regulation.
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FEDERAL AVIATION ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
192 ....................
193 ....................
Acceptance Criteria for Portable Oxygen Concentrators Used Onboard Aircraft (RRR) ................................
+ Prohibition Against Certain Flights Within the Baghdad (ORBB) Flight Information Region (FIR) Amendment.
+ DOT-designated significant regulation.
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Regulation
Identifier No.
Sequence No.
Title
194 ....................
+ Drug and Alcohol Testing of Certain Maintenance Provider Employees Located Outside of the United
States.
2120–AK09
+ DOT-designated significant regulation.
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
195 ....................
+ Carrier Safety Fitness Determination ............................................................................................................
2126–AB11
+ DOT-designated significant regulation.
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
196 ....................
197 ....................
198 ....................
+ Commercial Driver’s License Drug and Alcohol Clearinghouse (MAP–21) ..................................................
+ Electronic Logging Devices and Hours of Service Supporting Documents (MAP–21) (RRR) .....................
+ Lease and Interchange of Vehicles; Motor Carriers of Passengers .............................................................
2126–AB18
2126–AB20
2126–AB44
+ DOT-designated significant regulation.
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
199 ....................
+ Entry-Level Driver Training (Section 610 Review) ......................................................................................
2126–AB66
+ DOT-designated significant regulation.
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
200 ....................
+ Inspection, Repair, and Maintenance; Driver-Vehicle Inspection Report (RRR) ..........................................
2126–AB46
+ DOT-designated significant regulation.
FEDERAL RAILROAD ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
201 ....................
202 ....................
+ Passenger Equipment Safety Standards ......................................................................................................
+ Train Crew Staffing and Location ..................................................................................................................
2130–AC46
2130–AC48
+ DOT-designated significant regulation.
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
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Sequence No.
Title
203 ....................
204 ....................
205 ....................
+ Pipeline Safety: Safety of Onshore Liquid Hazardous Pipelines ..................................................................
Pipeline Safety: Issues Related to the Use of Plastic Pipe in Gas Pipeline Industry .....................................
+ Pipeline Safety: Operator Qualification, Cost Recovery, Accident and Incident Notification, and Other
Changes (RRR).
+ Pipeline Safety: Amendments to Parts 192 and 195 to Require Valve Installation and Minimum Rupture
Detection Standards.
206 ....................
+ DOT-designated significant regulation.
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PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
207 ....................
+ Hazardous Materials: Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains.
2137–AE91
+ DOT-designated significant regulation.
MARITIME ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
208 ....................
+ Cargo Preference ..........................................................................................................................................
2133–AB74
+ DOT-designated significant regulation.
DEPARTMENT OF TRANSPORTATION
(DOT)
Office of the Secretary (OST)
(Enforcement Office) regarding its
interpretation of the rule.
Timetable:
tkelley on DSK3SPTVN1PROD with PROPOSALS 12
Final Rule Stage
Action
184. + Airline Pricing Transparency
and Other Consumer Protection Issues
Legal Authority: 49 U.S.C. 41712; 49
U.S.C. 40101; 49 U.S.C. 41702
Abstract: The Department is seeking
comment on a number of proposals to
enhance protections for air travelers and
to improve the air travel environment,
including a proposal to clarify and
codify the Department’s interpretation
of the statutory definition of ticket
agent.’’ This NPRM also would require
airlines and ticket agents to disclose at
all points of sale the fees for certain
basic ancillary services associated with
the air transportation consumers are
buying or considering buying. Other
proposals in this NPRM to enhance
airline passenger protections include:
expanding the pool of reporting’’
carriers; requiring enhanced reporting
by mainline carriers for their domestic
code-share partner operations; requiring
large travel agents to adopt minimum
customer service standards; codifying
the statutory requirement that carriers
and ticket agents disclose any codeshare arrangements on their Web sites;
and prohibiting unfair and deceptive
practices such as undisclosed biasing
and post-purchase price increases. The
Department also is considering whether
to require ticket agents to disclose the
carriers whose tickets they sell in order
to avoid having consumers mistakenly
believe they are searching all possible
flight options for a particular city-pair
market when there may be other options
available. Additionally, this NPRM
would correct drafting errors and make
minor changes to the Department’s
second Enhancing Airline Passenger
Protections rule to conform to guidance
issued by the Department’s Office of
Aviation Enforcement and Proceedings
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Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
05/23/14
08/21/14
79 FR 29970
12/00/15
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Blane A Workie,
Principal Deputy Assistant General
Counsel, Department of Transportation,
Office of the Secretary, 1200 New Jersey
Ave. SE., Washington, DC 20590, Phone:
202 366–9342, TDD Phone: 202 755–
7687, Fax: 202 366–7152, Email:
blane.workie@dot.gov.
RIN: 2105–AE11
BILLING CODE 4910–9X–P
DEPARTMENT OF TRANSPORTATION
(DOT)
accepts an additional assignment for
flying under part 91 from the air carrier
or from any other air carrier conducting
operations under part 121 or 135, to
apply the period of the additional
assignment toward any limitation
applicable to the flightcrew member
relating to duty periods or flight times
under part 135.
Timetable:
Action
Date
ANPRM ...............
FR Cite
08/00/15
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Dale Roberts,
Department of Transportation, Federal
Aviation Administration, 800
Independence Ave. SW., Washington,
DC 20591, Phone: 202 267–5749, Email:
dale.roberts@faa.gov.
RIN: 2120–AK26
Federal Aviation Administration (FAA)
DEPARTMENT OF TRANSPORTATION
(DOT)
Prerule Stage
Federal Aviation Administration (FAA)
185. + Applying the Flight, Duty, and
Rest Rules of 14 CFR Part 135 to TailEnd Ferry Operations (FAA
Reauthorization)
Proposed Rule Stage
Legal Authority: 49 U.S.C. 106(g); 49
U.S.C. 1153; 49 U.S.C. 40101; 49 U.S.C.
40102; 49 U.S.C. 40103; 49 U.S.C.
40113; 49 U.S.C. 41706; 49 U.S.C.
44105; 49 U.S.C. 44106; 49 U.S.C.
44111; 49 U.S.C. 44701 to 44717; 49
U.S.C. 44722; 49 U.S.C. 44901; 49 U.S.C.
44903; 49 U.S.C. 44904; 49 U.S.C.
44906; 49 U.S.C. 44912; 49 U.S.C.
44914; 49 U.S.C. 44936; 49 U.S.C.
44938; 49 U.S.C. 45101 to 45105; 49
U.S.C. 46103
Abstract: This rulemaking would
require a flightcrew member who is
employed by an air carrier conducting
operations under part 135, and who
Legal Authority: 49 U.S.C. 44701; Pub.
L. 112–95
Abstract: This rulemaking would
adopt specific rules to allow the
operation of small unmanned aircraft
systems in the National Airspace
System. These changes would address
the operation of unmanned aircraft
systems, certification of their operators,
registration, and display of registration
markings. The rulemaking also would
find that airworthiness certification is
not required for small unmanned
aircraft system operations that would be
subject to this proposed rule. Lastly, the
rulemaking would prohibit model
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186. + Operation and Certification of
Small Unmanned Aircraft Systems
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aircraft from endangering the safety of
the National Airspace System.
Timetable:
Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
Analyzing Comments.
02/23/15
04/24/15
80 FR 9544
08/00/15
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Lance Nuckolls,
Unmanned Aircraft Systems Integration
Office, Department of Transportation,
Federal Aviation Administration, 490
L’Enfant Plaza SW., Washington, DC
20024, Phone: 202 267–8447, Email:
uas-rule@faa.gov.
RIN: 2120–AJ60
187. Changing the Collective Risk
Limits for Launches and Reentries, and
Clarifying the Risk Limit Used To
Establish Hazard Areas for Ships and
Aircraft
Legal Authority: 51 U.S.C. 50901 to
50923
Abstract: This rulemaking would
revise the collective risk limits for
commercial launches and reentries.
With this rulemaking, the FAA would
separate its expected-number-ofcasualties limits for launches and
reentries. For commercial launches, the
FAA would aggregate the expectednumber-of-casualties posed by the
following hazards: (1) Impacting inert
and explosive debris, (2) toxic release,
and (3) far field blast overpressure to
one times ten to the minus four. This
rulemaking would also clarify the
regulatory requirements concerning
hazard areas for ships and aircraft.
Timetable:
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
Analyzing Comments.
tkelley on DSK3SPTVN1PROD with PROPOSALS 12
Action
07/21/14
10/20/14
79 FR 42241
06/00/15
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Rene Rey, Licensing
and Safety Division, Office of
Commercial Space, Department of
Transportation, Federal Aviation
Administration, 800 Independence Ave.
SW., Washington, DC 20590, Phone: 202
267–7538, Email: rene.rey@faa.gov.
RIN: 2120–AK06
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188. Flight Simulation Training Device
(FSTD) Qualification Standards for
Extended Envelope and Adverse
Weather Event Training
Legal Authority: 49 U.S.C. 106(g); 49
U.S.C. 40113; 49 U.S.C. 44701; Pub. L.
111–216
Abstract: This rulemaking would
amend evaluation qualifications for
simulators to ensure the simulators are
technically capable of performing new
flight training tasks as identified in the
Airline Safety and Federal Aviation
Administration Extension Act of 2010
(Pub. L. 111–216) and that are included
in a separate rulemaking (2120–AJ00).
By ensuring the simulators provide an
accurate and realistic simulation, this
rulemaking would allow for training on
the following tasks: (1) Full/
aerodynamic stall, and (2) upset
recognition and recovery, as identified
in Pub. L. 111–216. Furthermore, this
rulemaking would improve the
minimum FSTD evaluation
requirements for gusting crosswinds
(takeoff/landing), engine and airframe
icing, and bounced landing recovery
methods in response to NTSB and
Aviation Rulemaking Committee
recommendations. The intended effect
is to ensure an adequate level of
simulator fidelity.
Timetable:
Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period Extended.
NPRM Comment
Period End.
Comment Period
Extended.
Analyzing Comments.
07/10/14
09/16/14
79 FR 39461
79 FR 55407
10/08/14
01/06/15
06/00/15
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Larry McDonald,
Department of Transportation, Federal
Aviation Administration, P.O. Box
20636, Atlanta, GA 30320, Phone: 404–
474–5620, Email: larry.e.mcdonald@
faa.gov.
RIN: 2120–AK08
189. + Applying the Flight, Duty and
Rest Requirements to Ferry Flights That
Follow Domestic, Flag, or Supplemental
All-Cargo Operations;
(Reauthorization)
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; 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; 49 U.S.C.
44717
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35071
Abstract: This rulemaking would
require a flightcrew member who
accepts an additional assignment for
flying under part 91 from the air carrier
or from any other air carrier conducting
operations under part 121 or 135 of such
title, to apply the period of the
additional assignment toward any
limitation applicable to the flightcrew
member relating to duty periods or
flight times. This rule is necessary to
make part 121 flight, duty, and rest
limits applicable to tail-end ferries that
follow an all-cargo flight.
Timetable:
Action
Date
NPRM ..................
FR Cite
09/00/15
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Dale Roberts,
Department of Transportation, Federal
Aviation Administration, 800
Independence Ave. SW., Washington,
DC 20591, Phone: 202 267–5749, Email:
dale.roberts@faa.gov.
RIN: 2120–AK22
190. Reciprocal Waivers of Claims for
Licensed or Permitted Launch and
Reentry Activities (RRR)
Legal Authority: 49 U.S.C. 322; 51
U.S.C. 50910 to 50923
Abstract: This rulemaking would
extend the waiver of claims for all
customers involved in a launch or
reentry, amend the requirement
describing which entities are required to
sign the statutorily-mandated waiver of
claims, and add a new waiver template
for the customer´s use. This rulemaking
would ease the administrative burden
on customers, licensees, permittees, and
the FAA, especially when a new
customer is added only a short time
before the scheduled launch or reentry.
Timetable:
Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
Analyzing Comments.
01/13/15
03/16/15
80 FR 2015
06/00/15
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Shirley McBride,
Department of Transportation, Federal
Aviation Administration, 800
Independence Ave. SW., Washington,
DC 20591, Phone: 202 267–7470, Email:
shirley.mcbride@faa.gov.
RIN: 2120–AK44
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191. • +Reorganization
Legal Authority: 49 U.S.C. 106(g); 49
U.S.C. 40113; 49 U.S.C. 44701; 49 U.S.C.
44702; 49 U.S.C. 44704
Abstract: This rulemaking would
revise title 14, Code of Federal
Regulations (14 CFR) part 23 as a set of
performance-based regulations for the
design and certification of small
transport category aircraft. This
rulemaking would: (1) Reorganize part
23 into performance-based requirements
by removing the detailed design
requirements from part 23. The detailed
design provisions that would assist
applicants in complying with the new
performance-based requirements would
be identified in means of compliance
(MOC) documents to support this effort;
(2) promote the adoption of the newly
created performance-based
airworthiness design standard as an
internationally accepted standard by the
majority of other civil aviation
authorities; (3) realign the part 23
requirements to promote the
development of entry-level airplanes
similar to those certified under
Certification Specification for Very
Light Aircraft (CS–VLA); (4) enhance
the FAA’s ability to address new
technology; (5) increase the general
aviation (GA) level of safety provided by
new and modified airplanes; (6) amend
the stall, stall warning, and spin
requirements to reduce fatal accidents
and increase crashworthiness by
allowing new methods for occupant
protection; and (7) address icing
conditions that are currently not
included in part 23 regulations.
Timetable:
Action
Date
NPRM ..................
FR Cite
12/00/15
40103; 49 U.S.C. 40105; 49 U.S.C.
40109; 49 U.S.C. 40113; 49 U.S.C.
40119; 49 U.S.C. 40120; 49 U.S.C.
41706; 49 U.S.C. 44101; 49 U.S.C.
44110; 49 U.S.C. 44111; 49 U.S.C.
44502; 49 U.S.C. 44701; 49 U.S.C.
44702; 49 U.S.C. 44704; 49 U.S.C.
44705; 49 U.S.C. 44709 to 44713; 49
U.S.C. 44715 to 44717; 49 U.S.C. 44722;
49 U.S.C. 45101 to 45105; 49 U.S.C.
46102; 49 U.S.C. 46105; 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; 61 Stat. 1180—Articles 12 and
29
Abstract: This rulemaking would
establish FAA acceptance criteria for
portable oxygen concentrators (POC)
used by passengers in air carrier
operations, commercial operations, and
certain other operations using large
aircraft. To identify POCs that satisfy
the FAA acceptance criteria, POC
manufacturers will affix a label on the
exterior of the device. With the
establishment of POC acceptance
criteria, the FAA will discontinue the
use of Special Federal Aviation
Regulation (SFAR) No. 106 (‘‘the
SFAR’’), removing it from title 14 of the
Code of Federal Regulations (14 CFR)
parts 121, 125, and 135. POCs currently
identified in the SFAR will continue to
be identified in the regulatory text of the
final rule as approved for use on aircraft
and will not require a label prior to use.
Timetable:
Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
09/19/14
11/18/14
79 FR 56288
01/00/16
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Denise K Deaderick,
Air Transportation Division,
Department of Transportation, Federal
Aviation Administration, 800
Independence Ave. SW., Washington,
DC 20591, Phone: 202 267–8166, Email:
dk.deaderick@faa.gov.
RIN: 2120–AK32
DEPARTMENT OF TRANSPORTATION
(DOT)
tkelley on DSK3SPTVN1PROD with PROPOSALS 12
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Lowell Foster,
Department of Transportation, Federal
Aviation Administration, 901 Locust St.,
Kansas City, MO 64106, Phone: 816–
329–4125, Email: lowell.foster@faa.gov.
RIN: 2120–AK65
193. • +Prohibition Against Certain
Flights Within the Baghdad (ORBB)
Flight Information Region (FIR)
Amendment
Federal Aviation Administration (FAA)
Final Rule Stage
192. Acceptance Criteria for Portable
Oxygen Concentrators Used Onboard
Aircraft (RRR)
Legal Authority: 49 U.S.C. 106(f); 49
U.S.C. 106(g); 49 U.S.C. 1155; 49 U.S.C.
VerDate Sep<11>2014
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44711; 49 U.S.C. 44712; 49 U.S.C.
44715; 49 U.S.C. 44716; 49 U.S.C.
44717; 49 U.S.C. 44722; 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; 49 U.S.C. 47534; 61 Stat. 1180
Abstract: This action amends Special
Federal Aviation Regulation (SFAR) No.
77, section 91.1605, Prohibition Against
Certain Flights Within the Territory and
Airspace of Iraq, which prohibits certain
flight operations in the territory and
airspace of Iraq by all United States
(U.S.) air carriers, U.S. commercial
operators, persons exercising the
privileges of a U.S. airman certificate,
except when such persons are operating
a U.S.-registered civil aircraft for a
foreign air carrier, and operators of U.S.
registered civil aircraft, except when
such operators are foreign air carriers.
On August 8, 2014, the FAA issued a
Notice-to-Airmen (NOTAM) prohibiting
flight operations in the ORBB FIR at all
altitudes, subject to certain limited
exceptions, due to the armed conflict in
Iraq. This amendment to SFAR No. 77,
section 91.1605, incorporates the flight
prohibition set forth in the August 8,
2014, NOTAM into the rule. The FAA
is also making technical corrections to
a previously published amendment to
SFAR No. 77, section 91.1605, revising
the approval process for this SFAR for
other U.S. Government departments,
agencies, and instrumentalities, to make
it more similar to the approval process
for other recently published flight
prohibition SFARs, and adding an
expiration date.
Timetable:
Action
Date
Final Rule ............
05/00/15
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Robert Frenzel,
Department of Transportation, Federal
Aviation Administration, 800
Independence Ave. SW., Washington,
DC 20591, Phone: 202 267–7638.
RIN: 2120–AK60
Legal Authority: 126 Stat. 11; 49
U.S.C. 106(f); 49 U.S.C. 106(g); 49 U.S.C.
1155; 49 U.S.C. 40101; 49 U.S.C. 40103;
49 U.S.C. 40105; 49 U.S.C. 40113; 49
U.S.C. 40120; 49 U.S.C. 44101; 49 U.S.C.
44111; 49 U.S.C. 44701; 49 U.S.C.
44704; 49 U.S.C. 44709; 49 U.S.C.
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DEPARTMENT OF TRANSPORTATION
(DOT)
Federal Aviation Administration (FAA)
Long-Term Actions
194. +Drug and Alcohol Testing of
Certain Maintenance Provider
Employees Located Outside of the
United States
Legal Authority: 14 CFR; 49 U.S.C.
106(g); 49 U.S.C. 40113; 49 U.S.C.
44701; 49 U.S.C. 44702; 49 U.S.C.
44707; 49 U.S.C. 44709; 49 U.S.C. 44717
Abstract: This rulemaking is required
by the FAA Modernization and Reform
2012. It would require controlled
substance testing of some employees
working in repair stations located
outside the United States. The intended
effect is to increase participation by
companies outside of the United States
in testing of employees who perform
safety critical functions and testing
standards similar to those used in the
repair stations located in the United
States. This action is necessary to
increase the level of safety of the flying
public. This rulemaking is required by
the FAA Modernization and Reform Act
of 2012.
Timetable:
Action
Date
FR Cite
ANPRM ...............
Comment Period
Extended.
ANPRM Comment
Period End.
Comment Period
End.
03/17/14
05/01/14
79 FR 14621
79 FR 24631
Next Action Undetermined.
05/16/14
Action
Date
NPRM ..................
FR Cite
07/00/15
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Bryan Price,
Transportation Specialist, Department
of Transportation, Federal Motor Carrier
Safety Administration, 1000 Liberty
Ave., Suite 300, Pittsburgh, PA 15222,
Phone: 412 395–4816, Email:
bryan.price@dot.gov.
RIN: 2126–AB11
07/17/14
DEPARTMENT OF TRANSPORTATION
(DOT)
To Be Determined
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Vicky Dunne,
Department of Transportation, Federal
Aviation Administration, 800
Independence Ave. SW., Washington,
DC 20591, Phone: 202 267–8522, Email:
vicky.dunne@faa.gov.
RIN: 2120–AK09
tkelley on DSK3SPTVN1PROD with PROPOSALS 12
Abstract: FMCSA proposes to amend
the Federal Motor Carrier Safety
Regulations (FMCSRs) to adopt revised
methodologies that would result in a
safety fitness determination (SFD). The
proposed methodologies would
determine when a motor carrier is not
fit to operate commercial motor vehicles
(CMVs) in or affecting interstate
commerce based on (1) the carrier’s
performance in relation to five of the
Agency’s Behavioral Analysis and
Safety Improvement Categories
(BASICs); (2) an investigation; or (3) a
combination of on-road safety data and
investigation information. The intended
effect of this action is to reduce crashes
caused by CMV drivers and motor
carriers that result in death, injuries,
and property damage on U.S. highways
by more effectively using FMCSA data
and resources to identify unfit motor
carriers and remove them from the
Nation’s roadways.
Timetable:
Federal Motor Carrier Safety
Administration (FMCSA)
Final Rule Stage
196. +Commercial Driver’s License
Drug and Alcohol Clearinghouse (MAP–
21)
Legal Authority: 49 U.S.C. 31306
Abstract: This rulemaking would
create a central database for verified,
BILLING CODE 4910–13–P
positive controlled substances and
alcohol test results for commercial
driver’s license (CDL) holders and
DEPARTMENT OF TRANSPORTATION refusals by such drivers to submit to
testing. This rulemaking would require
(DOT)
employers of CDL holders and service
Federal Motor Carrier Safety
agents to report positive test results and
Administration (FMCSA)
refusals to test into the Clearinghouse.
Prospective employers, acting on an
Proposed Rule Stage
application for a CDL driver position
195. +Carrier Safety Fitness
with the applicant’s written consent to
Determination
access the Clearinghouse, would query
Legal Authority: Section 4009 of TEA– the Clearinghouse to determine if any
21
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applicant is in the Clearinghouse before
allowing the applicant to be hired and
to drive CMVs. This rulemaking is
intended to increase highway safety by
ensuring CDL holders, who have tested
positive or have refused to submit to
testing, have completed the U.S. DOT’s
return-to-duty process before driving
CMVs in interstate or intrastate
commerce. It is also intended to ensure
that employers are meeting their drug
and alcohol testing responsibilities.
Additionally, provisions in this
rulemaking would also be responsive to
requirements of the Moving Ahead for
Progress in the 21st Century (MAP–21)
Act to create the Clearinghouse by 10/
01/14.
Timetable:
Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
NPRM Comment
Period End.
NPRM Comment
Period Extended.
Final Rule ............
02/20/14
04/21/14
79 FR 9703
04/22/14
04/22/14
79 FR 22467
01/00/16
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Juan Moya,
Department of Transportation, Federal
Motor Carrier Safety Administration,
1200 New Jersey Ave. SE., Washington,
DC 20590, Phone: 202 366–4844, Email:
juan.moya@dot.gov.
RIN: 2126–AB18
197. +Electronic Logging Devices and
Hours of Service Supporting Documents
(MAP–21) (RRR)
Legal Authority: 49 U.S.C. 31502;
31136(a); Pub. L. 103.311; 49 U.S.C.
31137(a)
Abstract: This rulemaking would
establish the following: (1) Minimum
performance and design standards for
hours-of-service (HOS) electronic
logging devices (ELDs); (2) requirements
for the mandatory use of these devices
by drivers currently required to prepare
HOS records of duty status (RODS); (3)
requirements concerning HOS
supporting documents; and (4) measures
to address concerns about harassment
resulting from the mandatory use of
ELDs.
Timetable:
Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
NPRM Comment
Period Extended.
02/01/11
02/28/11
76 FR 5537
03/10/11
76 FR 13121
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Action
Date
NPRM Comment
Period Extended End.
SNPRM ...............
SNPRM Comment
Period End.
Final Rule ............
05/23/11
03/28/14
05/27/14
FR Cite
tkelley on DSK3SPTVN1PROD with PROPOSALS 12
FR Cite
11/19/13
09/00/15
79 FR 17656
09/00/15
198. +Lease and Interchange of
Vehicles; Motor Carriers of Passengers
Legal Authority: 49 U.S.C. 31502; 49
U.S.C. 13301; 49 U.S.C. 31136
Abstract: FMCSA adopts regulations
governing the lease and interchange of
passenger-carrying commercial motor
vehicles (CMVs) to: (1) Identify the
motor carrier operating a passengercarrying CMV and responsible for
compliance with the Federal Motor
Carrier Safety Regulations (FMCSRs)
and all other applicable Federal
regulations; (2) ensure that a lessor
surrenders control of the CMV for the
full term of the lease, or temporary
exchange of CMVs and drivers; and (3)
require motor carriers subject to a
prohibition on operating in interstate
commerce to notify FMCSA in writing
before leasing or otherwise transferring
control of their vehicles to other
carriers. This action would ensure that
unsafe passenger carriers do not evade
FMCSA oversight and enforcement by
operating under the authority of another
carrier that exercises no actual control
over those operations. This action will
enable the FMCSA, the National
Transportation Safety Board (NTSB),
and our Federal and State partners to
identify motor carriers transporting
passengers in interstate commerce and
correctly assign responsibility to these
entities for regulatory violations during
inspections, compliance investigations,
and crash studies. It also provides the
general public with the means to
identify the responsible motor carrier at
the time of transportation. While
detailed lease and interchange
regulations for cargo-carrying vehicles
have been in effect since 1950, this final
rule for passenger-carrying CMVs is
focused entirely on operational safety.
Timetable:
Action
Date
FR Cite
NPRM ..................
09/20/13
78 FR 57822
20:31 Jun 17, 2015
Date
NPRM Comment
Period End.
Final Rule ............
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Brian Routhier,
Department of Transportation, Federal
Motor Carrier Safety Administration,
1200 New Jersey Ave. SE., Washington,
DC 20590, Phone: 202 366–1225, Email:
brian.routhier@dot.gov.
RIN: 2126–AB20
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Action
Jkt 235001
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Wesley Barber,
Transportation Specialist, Department
of Transportation, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Ave. SE., Washington, DC 20590, Phone:
202 385–2428, Email: wesley.barber@
dot.gov.
RIN: 2126–AB44
DEPARTMENT OF TRANSPORTATION
(DOT)
Federal Motor Carrier Safety
Administration (FMCSA)
Long-Term Actions
199. +Entry-Level Driver Training
(Section 610 Review)
Legal Authority: 49 U.S.C. 31136
Abstract: The Agency is in the prerulemaking stage for this project. It will
move forward with a product that
focuses on the MAP–21 mandate and
make the best use of the wealth of
information provided by stakeholders
since the publication of the 2007 NPRM.
Timetable:
driver-vehicle inspection reports when
the driver has neither found nor been
made aware of any vehicle defects or
deficiencies. Specifically, this
rulemaking would remove a significant
information collection burden without
adversely impacting safety. This
rulemaking responds in part to the
President’s January 2012 Regulatory
Review and Reform initiative.
Timetable:
Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Final Rule Effective.
08/07/13
10/07/13
78 FR 48125
12/18/14
12/18/14
79 FR 75437
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Sean Gallagher, MC–
PRR, Department of Transportation,
Federal Motor Carrier Safety
Administration, 1200 New Jersey Ave.
SE., Washington, DC 20590, Phone: 202
366–3740, Email: sean.gallagher@
dot.gov.
RIN: 2126–AB46
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
(DOT)
Federal Railroad Administration (FRA)
Action
Date
NPRM ..................
To Be
FR Cite
Determined
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Sean Gallagher, MC–
PRR, Department of Transportation,
Federal Motor Carrier Safety
Administration, 1200 New Jersey Ave.
SE., Washington, DC 20590, Phone: 202
366–3740, Email: sean.gallagher@
dot.gov.
RIN: 2126–AB66
DEPARTMENT OF TRANSPORTATION
(DOT)
Proposed Rule Stage
201. +Passenger Equipment Safety
Standards
Legal Authority: 49 U.S.C. 20103
Abstract: This rulemaking would
amend 49 CFR part 238 to update
existing safety standards for passenger
rail equipment. Specifically, the
proposed rulemaking would add
standards for alternative compliance
with requirements for Tier I passenger
equipment, increase the maximum
authorized speed for Tier II passenger
equipment, and add requirements for a
new Tier III category of passenger
equipment.
Timetable:
Federal Motor Carrier Safety
Administration (FMCSA)
Action
Date
Completed Actions
NPRM ..................
09/00/15
200. +Inspection, Repair, and
Maintenance; Driver-Vehicle Inspection
Report (RRR)
Legal Authority: 49 U.S.C. 31502(b)
Abstract: This rulemaking would
rescind the requirement that
commercial motor vehicle (CMV)
drivers operating in interstate commerce
submit, and motor carriers retain,
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, Email: kathryn.shelton@
fra.dot.gov.
PO 00000
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35075
Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Unified Agenda
RIN: 2130–AC46
202. +Train Crew Staffing and Location
Legal Authority: 28 U.S.C. 2461, note;
49 CFR 1.89; 49 U.S.C. 20103; 49 U.S.C.
20107; 49 U.S.C. 21301 to 21302; 49
U.S.C. 21304
Abstract: This rulemaking would add
minimum requirements for the size of
different train crew staffs, depending on
the type of operation. The minimum
crew staffing requirements would reflect
the safety risks posed to railroad
employees, the general public, and the
environment. This rulemaking also
would establish minimum requirements
for the roles and responsibilities of the
second train crew member on a moving
train, and promote safe and effective
teamwork. Additionally, this
rulemaking would permit a railroad to
submit information to FRA and seek
approval if it wants to continue an
existing operation with a one-person
train crew or start up an operation with
less than two crew members.
Timetable:
Action
Date
NPRM ..................
FR Cite
06/00/15
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, Email: kathryn.shelton@
fra.dot.gov.
RIN: 2130–AC48
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
(DOT)
Pipeline and Hazardous Materials
Safety Administration (PHMSA)
tkelley on DSK3SPTVN1PROD with PROPOSALS 12
Proposed Rule Stage
203. +Pipeline Safety: Safety of Onshore
Liquid Hazardous Pipelines
Legal Authority: 49 U.S.C. 60101 et
seq.
Abstract: This rulemaking would
address effective procedures that
hazardous liquid operators can use to
improve the protection of High
Consequence Areas (HCA) and other
vulnerable areas along their hazardous
liquid onshore pipelines. PHMSA is
considering the following: whether
changes are needed to the regulations
covering hazardous liquid onshore
pipelines; whether other areas should be
included as HCAs for integrity
management (IM) protections; what the
VerDate Sep<11>2014
20:31 Jun 17, 2015
Jkt 235001
repair timeframes should be for areas
outside the HCAs that are assessed as
part of the IM program; whether leak
detection standards are necessary;
whether valve spacing requirements are
needed on new construction or existing
pipelines; and if PHMSA should extend
regulation to certain pipelines currently
exempt from regulation. The agency also
would address the public safety and
environmental aspects of any new
requirements, as well as the cost
implications and regulatory burden.
Timetable:
Action
Date
FR Cite
ANPRM ...............
ANPRM Comment
Period End.
ANPRM Comment
Period Extended.
ANPRM Extended
Comment Period End.
NPRM ..................
10/18/10
01/18/11
75 FR 63774
01/04/11
76 FR 303
Legal Authority: 49 U.S.C. 60101 et
seq.
Abstract: This rulemaking would
address miscellaneous issues that have
been raised because of the
reauthorization of the pipeline safety
program in 2012, and petitions for
rulemaking from many affected
stakeholders. Some of the issues that
this rulemaking would address include
renewal process for special permits, cost
recovery for design reviews, and
incident reporting.
Timetable:
08/00/15
Legal Authority: 49 U.S.C. 60101 et
seq.
Abstract: This rulemaking would
address a number of topics related to the
use of plastic pipe in the gas pipeline
industry. These topics include certain
newer types of plastic pipe such as PE
(polyethylene), PA11 (polyamide 11),
PA12 (polyamide 12), 50-year markings,
design factors, risers, incorporation by
reference of certain plastic pipe related
standards, and tracking and traceability.
Timetable:
Action
Date
NPRM ..................
FR Cite
05/00/15
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Cameron H.
Satterthwaite, Transportation
Regulations Specialist, Department of
Transportation, Pipeline and Hazardous
Materials Safety Administration, 1200
New Jersey Ave. SE., Washington, DC
20590, Phone: 202 366–8553, Email:
cameron.satterthwaite@dot.gov.
Fmt 4701
Sfmt 4702
Date
NPRM ..................
204. Pipeline Safety: Issues Related to
the Use of Plastic Pipe in Gas Pipeline
Industry
Frm 00021
205. +Pipeline Safety: Operator
Qualification, Cost Recovery, Accident
and Incident Notification, and Other
Changes (RRR)
Action
02/18/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: John A Gale,
Transportation Regulations Specialist,
Department of Transportation, Pipeline
and Hazardous Materials Safety
Administration, 1200 New Jersey Ave.
SE., Washington, DC 20590, Phone: 202
366–0434, Email: john.gale@dot.gov.
RIN: 2137–AE66
PO 00000
RIN: 2137–AE93
FR Cite
08/00/15
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: John A Gale,
Transportation Regulations Specialist,
Department of Transportation, Pipeline
and Hazardous Materials Safety
Administration, 1200 New Jersey Ave.
SE., Washington, DC 20590, Phone: 202
366–0434, Email: john.gale@dot.gov.
RIN: 2137–AE94
206. +Pipeline Safety: Amendments to
Parts 192 and 195 To Require Valve
Installation and Minimum Rupture
Detection Standards
Legal Authority: 49 U.S.C. 60101 et
seq.
Abstract: This rule would propose
installation of automatic shut-off valves,
remote controlled valves, or equivalent
technology and establish performancebased meaningful metrics for rupture
detection for gas and liquid
transmission pipelines. Rupture
detection metrics will be integrated with
ASV and RCV placement to improve
overall incident response. Rupture
response metrics would focus on
mitigating large, unsafe, uncontrolled
release events that have a greater
potential consequence. The areas
proposed to be covered include High
Consequence Areas (HCA) for hazardous
liquids and HCA, Class 3 and 4, for
natural gas (including ‘‘could affect’’
areas).
Timetable:
Action
NPRM ......
Date
FR Cite
09/00/15
Regulatory Flexibility Analysis
Required: Yes.
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Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Unified Agenda
Agency Contact: Lawrence White,
Attorney–Advisor, Department of
Transportation, Pipeline and Hazardous
Materials Safety Administration, 400
Seventh Street SW., Washington, DC
20590, Phone: 202 366–4400, Fax: 292
366–7041.
RIN: 2137–AF06
DEPARTMENT OF TRANSPORTATION
(DOT)
Pipeline and Hazardous Materials
Safety Administration (PHMSA)
Final Rule Stage
207. +Hazardous Materials: Enhanced
Tank Car Standards and Operational
Controls for High-Hazard Flammable
Trains
tkelley on DSK3SPTVN1PROD with PROPOSALS 12
Legal Authority: 49 U.S.C. 5101 et
seq.et seq.
Abstract: This rulemaking would
amend operational requirements for
certain trains transporting a large
volume of flammable materials, provide
improvements in tank car standards,
and revise the general requirements for
offerors to ensure proper classification
and characterization of mined gases and
liquids. These new requirements are
designed to lessen the consequences of
derailments involving ethanol, crude
oil, and certain trains transporting a
large volume of flammable materials.
The growing reliance on trains to
transport large volumes of flammable
VerDate Sep<11>2014
20:31 Jun 17, 2015
Jkt 235001
materials poses a significant risk to life,
property, and the environment. The
proposed changes also address National
Transportation Safety Board (NTSB)
recommendations on accurate
classification, enhanced tank cars, rail
routing, oversight, and adequate
response capabilities.
Timetable:
Action
Date
FR Cite
ANPRM ...............
ANPRM Comment
Period End.
Comment Period
Extended.
Comment Period
End.
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Final Rule Effective.
09/06/13
11/05/13
78 FR 54849
11/05/13
78 FR 66326
12/05/13
08/01/14
09/30/14
79 FR 45015
05/08/15
07/07/15
80 FR 26643
DEPARTMENT OF TRANSPORTATION
(DOT)
Maritime Administration (MARAD)
Proposed Rule Stage
208. +Cargo Preference
Legal Authority: 49 CFR 1.66; 46 app
U.S.C. 1101; 46 app U.S.C. 1241; 46
U.S.C. 2302 (e)(1); Pub. L. 91–469
Abstract: This rulemaking would
revise and clarify the cargo preference
regulations that have not been revised
substantially since 1971. The
rulemaking would also implement
statutory changes, including section
3511, Public Law 110–417, of The
National Defense Authorization Act for
FY 2009, which provides enforcement
authority.
Timetable:
Action
Date
NPRM ......
FR Cite
05/00/15
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Ben Supko,
Transportation Regulations Specialist,
Department of Transportation, Pipeline
and Hazardous Materials Safety
Administration, 1200 New Jersey Av.
SE., Washington, DC 20590, Phone: 202
366–8553, Email: ben.supko@dot.gov.
RIN: 2137–AE91
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, Email: christine.gurland@
dot.gov.
RIN: 2133–AB74
BILLING CODE 4910–60–P
BILLING CODE 4910–81–P
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Agencies
[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)]
[Unknown Section]
[Pages 35055-35076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14366]
[[Page 35055]]
Vol. 80
Thursday,
No. 117
June 18, 2015
Part XII
Department of Transportation
-----------------------------------------------------------------------
Unified Agenda
Federal Register / Vol. 80 , No. 117 / Thursday, June 18, 2015 /
Unified Agenda
[[Page 35056]]
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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.
-----------------------------------------------------------------------
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 intent of the Agenda is to
provide the public with information about the Department of
Transportation's regulatory activity planned for the next 12 months. It
is expected that this information will enable the public to more
effectively participate in the Department's regulatory process. 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 Jonathan Moss, Acting 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.
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
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 ensure that
they continue to meet the needs for which they originally were
designed. To view additional information about the Department's
regulatory activities online, go to https://www.dot.gov/regulations.
Among other things, this Web site provides a report updated monthly on
the status of the DOT significant rulemakings listed in the semiannual
regulatory agenda.
To help the Department achieve its 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
rulemakings, reviews of existing regulations, and completed actions of
the Department. These are matters on which action has begun or is
projected during the next 12 months 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 OST.
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 Rulemakings
The Agenda covers all rules and regulations of the Department. We
have classified rules as significant in the Agenda if they are,
essentially, very beneficial, controversial, or of substantial public
interest under our Regulatory Policies and Procedures. All DOT
significant rulemaking documents are subject to review by the Secretary
of Transportation. If the Office of Management and Budget (OMB) decided
a rule is subject to its review under Executive Order 12866, we have
also classified it as significant in the Agenda.
Explanation of Information on the Agenda
An Office of Management and Budget memorandum, dated February 23,
2015, 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 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
[[Page 35057]]
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.'' One such example of this
is the letters ``SB,'' ``IC,'' and ``SLT.'' These refer to information
used as part of our required reports on Retrospective Review of DOT
rulemakings. A ``Y'' or an ``N,'' for yes and no, respectively, follow
the letters to indicate whether or not a particular rulemaking would
have effects on: Small businesses (SB); information collections (IC);
or State, local, or tribal (SLT) governments.
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 after 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
making 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. In response to Executive Order
13563 ``Retrospective Review and Analysis of Existing Rules,'' in 2011
we prepared a retrospective review plan providing more detail on the
process we use to conduct reviews of existing rules, including changes
in response to Executive Order 13563. We provided the public
opportunities to comment at www.regulations.gov and Idea Scale on both
our process and any existing DOT rules the public thought needed
review. The plan and the results of our review can be found at https://www.dot.gov/regulations.
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 (sec. 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: April 16, 2015.
Anthony R. Foxx,
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 Regulatory 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--Mark Bury, Chief Counsel, International Law, Legislation and
Regulations Division, 800 Independence Avenue SW., Room 915A,
Washington, DC 20591; telephone (202) 267-3110.
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.
[[Page 35058]]
NHTSA--Steve Wood, Office of Chief Counsel, 1200 New Jersey Avenue
SE., Washington, DC 20590; telephone (202) 366-2992.
FRA--Kathryn Gresham, Office of Chief Counsel, 1200 New Jersey
Avenue SE., Room W31-214, Washington, DC 20590; telephone (202) 493-
6063.
FTA--Bonnie Graves, Office of Chief Counsel, 1200 New Jersey Avenue
SE., Room E56-308, Washington, DC 20590; telephone (202) 366-0675.
SLSDC--Carrie Mann Lavigne, Chief Counsel, 180 Andrews Street,
Massena, NY 13662; telephone (315) 764-3200.
PHMSA--Karin Christian, 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.
OST--Jonathan Moss, 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: 9:00 a.m. to 5:00 p.m.
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 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 it is needed, will initiate rulemaking
actions based on these reviews.
In accordance with Executive Order 13563, ``Improving Regulation
and Regulatory Review,'' issued by the President on January 18, 2011,
the Department has added other elements to its review plan. The
Department has decided to improve its plan by adding special oversight
processes within the Department, encouraging effective and timely
reviews, including providing additional guidance on particular problems
that warrant review, and expanding opportunities for public
participation. 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.
Changes to the Review Plan
Some reviews may be conducted earlier than scheduled. For example,
to the extent resources permit, the plain language reviews will be
conducted more quickly. Other events, such as accidents, may result in
the need to conduct earlier reviews of some rules. Other factors may
also result in the need to make changes; for example, we may make
changes in response to public comment on this plan or in response to a
presidentially mandated review. If there is any change to the review
plan, we will note the change in the following Agenda. For any section
610 review, we will provide the required notice prior to the review.
Part II--The Review Process
The Analysis
Generally, the agencies have divided their rules into 10 different
groups and plan to analyze one group each year. For purposes of these
reviews, a year will coincide with the fall-to-fall schedule for
publication of the Agenda. Thus, Year 1 (2008) begins in the fall of
2008 and ends in the fall of 2009; Year 2 (2009) begins in the fall of
2009 and ends in the fall of 2010, and so on. We request public comment
on the timing of the reviews. For example, is there a reason for
scheduling an analysis and review for a particular rule earlier than we
have? Any comments concerning the plan or particular analyses should be
submitted to the regulatory contacts listed in appendix B, General
Rulemaking Contact Persons.
Section 610 Review
The agency will analyze each of the rules in a given year's group
to determine whether any rule has a SEIOSNOSE and, thus, requires
review in accordance with section 610 of the Regulatory Flexibility
Act. The level of analysis will, of course, depend on the nature of the
rule and its applicability. Publication of agencies' section 610
analyses listed each fall in this Agenda provides the public with
notice and an opportunity to comment consistent with the requirements
of the Regulatory Flexibility Act. We request that public comments be
submitted to us early in the analysis year concerning the small entity
impact of the rules to help us in making our determinations.
In each fall Agenda, the agency will publish the results of the
analyses it has completed during the previous year. For rules that had
a negative finding on SEIOSNOSE, we will give a short explanation
(e.g., ``these rules only establish petition processes that have no
cost impact'' or ``these rules do not apply to any small entities'').
For parts, subparts, or other discrete sections of rules that do have a
SEIOSNOSE, we will announce that we will be conducting a formal section
610 review during the following 12 months. At this stage, we will add
an entry to the Agenda in the prerulemaking section describing the
review in more detail. We also will seek public comment on how best to
lessen the impact of these rules and provide a name or docket to which
public comments can be submitted. In some cases, the section 610 review
may be part of another unrelated review of the rule. In such a case, we
plan to clearly indicate which parts of the review are being conducted
under section 610.
Other Reviews
The agency will also examine the specified rules to determine
whether any other reasons exist for revising or revoking the rule or
for rewriting the rule in plain language. In each fall Agenda, the
agency will also publish
[[Page 35059]]
information on the results of the examinations completed during the
previous year.
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 in 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 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 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 3 (Fall 2010) List of Rules With Ongoing Analysis
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--Commingling 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
14 CFR part 234--Airline Service Quality Performance Reports
Year 4 (Fall 2011) List of Rules With Ongoing Analysis
14 CFR part 240--Inspection of Accounts and Property
14 CFR part 241--Uniform System of Accounts and Reports for Large
Certificated Air Carriers
14 CFR part 243--Passenger Manifest Information
14 CFR part 247--Direct Airport-to-Airport Mileage Records
14 CFR part 248--Submission of Audit Reports
14 CFR part 249--Preservation of Air Carrier Records
Year 5 (Fall 2012) List of Rules With Ongoing Analysis
14 CFR part 255--Airline Computer Reservations Systems
14 CFR part 256--[Reserved]
14 CFR part 271--Guidelines for Subsidizing Air Carriers Providing
Essential Air Transportation
14 CFR part 272--Essential Air Service to the Freely Associated States
14 CFR part 291--Cargo Operations in Interstate Air Transportation
14 CFR part 292--International Cargo Transportation
14 CFR part 293--International Passenger Transportation
14 CFR part 294--Canadian Charter Air Taxi Operators
14 CFR part 296--Indirect Air Transportation of Property
14 CFR part 297--Foreign Air Freight Forwarders and Foreign Cooperative
Shippers Associations
14 CFR part 298--Exemptions for Air Taxi and Commuter Air Carrier
Operations
Year 6 (2013) List of Rules With Ongoing Analysis
14 CFR part 300--Rules of Conduct in DOT Proceedings Under This Chapter
14 CFR part 302--Rules of Practice in Proceedings
14 CFR part 303--Review of Air Carrier Agreements
14 CFR part 305--Rules of Practice in Informal Nonpublic Investigations
14 CFR part 313--Implementation of the Energy Policy and Conservation
Act
14 CFR part 323--Terminations, Suspensions, and Reductions of Service
14 CFR part 325--Essential Air Service Procedures
14 CFR part 330--Procedures For Compensation of Air Carriers
14 CFR part 372--Overseas Military Personnel Charters
[[Page 35060]]
Year 7 (2014) List of Rules That Will be Analyzed During the Next Year
14 CFR part 374--Implementation of the Consumer Credit Protection Act
with Respect to Air Carriers and Foreign Air Carriers
14 CFR part 374a--Extension of Credit by Airlines to Federal Political
Candidates
14 CFR part 375--Navigation of Foreign Civil Aircraft within the United
States
14 CFR part 377--Continuance of Expired Authorizations by Operation of
Law Pending Final Determination of Applications for Renewal Thereof
14 CFR part 380--Public Charters
14 CFR part 381--Special Event Tours
14 CFR part 382--Nondiscrimination On The Basis Of Disability in Air
Travel
14 CFR part 383--Civil Penalties
14 CFR part 385--Staff Assignments and Review of Action under
Assignments
14 CFR part 389--Fees and Charges for Special Services
14 CFR part 398--Guidelines for Individual Determinations of Basic
Essential Air Service
Federal Aviation Administration
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 SEIONOSE
will be reviewed in accordance with Section 610 (b) to determine if it
should be continued without change or changed to minimize impact on
small entities. Results of those reviews will be published in the DOT
Semiannual Regulatory Agenda.
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
Year 7 (2014) List of Rules Analyzed and Summary of Results
14 CFR part 43--Maintenance, Preventive maintenance, Rebuilding, and
Alteration
Section 610: The agency conducted a Section 610 review of
this part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FAA's plain language review of
these rules indicates no need for substantial revision.
14 CFR part 45--Identification and Registration Marking
Section 610: The agency conducted a Section 610 review of
this part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FAA's plain language review of
these rules indicates no need for substantial revision.
14 CFR part 47--Aircraft Registration
Section 610: The agency conducted a Section 610 review of
this part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FAA's plain language review of
these rules indicates no need for substantial revision.
14 CFR part 49--Recording of Aircraft Titles and Security Documents
Section 610: The agency conducted a Section 610 review of
this part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FAA's plain language review of
these rules indicates no need for substantial revision.
14 CFR part 406--Investigations, Enforcement, and Administrative Review
Section 610: The agency conducted a Section 610 review of
this part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FAA's plain language review of
these rules indicates no need for substantial revision.
14 CFR part 413--License Application Procedures
Section 610: The agency conducted a Section 610 review of
this part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FAA's plain language review of
these rules indicates no need for substantial revision.
14 CFR part 414--Safety Approvals
Section 610: The agency conducted a Section 610 review of
this part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FAA's plain language review of
these rules indicates no need for substantial revision.
14 CFR part 415--Launch License
Section 610: The agency conducted a Section 610 review of
this part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FAA's plain language review of
these rules indicates no need for substantial revision.
Year 8 (2015) List of Rules To Be Analyzed During the Next Year
14 CFR part 60--Flight Simulation Training Device Initial and
Continuing Qualification and Use
14 CFR part 61--Certification: Pilots, Flight Instructors, and Ground
Instructors
14 CFR part 63--Certification: Flight Crewmembers other than Pilots
14 CFR part 65--Certification: Airmen other than Flight Crewmembers
14 CFR part 67--Medical Standards and Certification
14 CFR part 71--Designation of Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and Reporting Points
14 CFR part 73--Special Use Airspace
[[Page 35061]]
14 CFR part 77--Safe, Efficient Use, and Preservation of the Navigable
Airspace
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 parts 710 2014 2015
to 924.
8................... 23 CFR parts 940 2015 2016
to 973.
9................... 23 CFR parts 1200 2016 2017
to 1252.
10.................. New parts and 2017 2018
subparts.
------------------------------------------------------------------------
Federal-Aid Highway Program
The Federal Highway Administration (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 highway is chapter I of
title 23 of the U.S.C. 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 6 (Fall 2013) List of Rules Analyzed and a Summary of Results
23 CFR part 645--Utilities
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 646--Railroads
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 FR part 650--Bridges, Structures, and Hydraulics
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 652--Pedestrian and Bicycle Accommodations and Projects
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 655--Traffic Operations
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 656--Carpool and Vanpool Projects
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 657--Certification of Size and Weight Enforcement
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 658--Truck Size and Weight, Route Designations--Length,
Width and Weight Limitations
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 660--Special Programs (Direct Federal)
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 661--Indian Reservation Road Bridge 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. FHWA's plain language review of
these rules indicates no need for substantial revision.
23 CFR part 668--Emergency Relief 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. FHWA's plain language review of
these rules indicates no need for substantial revision.
23 CFR part 669--Enforcement of Heavy Vehicle Use Tax
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.
[[Page 35062]]
Year 7 (Fall 2014) List of Rules That Will Be Analyzed During the Next
Year
23 CFR part 710--Right-of-Way and Real Estate
23 CFR part 750--Highway Beautification
23 CFR part 751--Junkyard Control and Acquisition
23 CFR part 752--Landscape and Roadside Development
23 CFR part 771--Environmental Impact and Related Procedures
23 CFR part 772--Procedures for Abatement of Highway Traffic Noise and
Construction Noise
23 CFR part 773--Surface Transportation Project Delivery Pilot Program
23 CFR part 774--Parks, Recreation Areas, Wildlife and Waterfowl
Refuges, and Historic Sites (Section 4(f))
23 CFR part 777--Mitigation of Impacts to Wetlands and Natural Habitat
23 CFR part 810--Mass Transit and Special Use Highway Projects
23 CFR part 924--Highway Safety Improvement Program
Federal Motor Carrier Safety Administration
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to be
Year reviewed Analysis year Review year
------------------------------------------------------------------------
1................... 49 CFR part 372, 2008 2009
subpart A.
2................... 49 CFR part 386... 2009 2010
3................... 49 CFR parts 325 2010 2011
and 390 (General).
4................... 49 CFR parts 390 2011 2012
(Small Passenger-
Carrying
Vehicles), 391 to
393 and 396 to
399.
5................... 49 CFR part 387... 2012 2013
6................... 49 CFR parts 356, 2013 2014
367, 369 to 371,
372 (subparts B
and 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 part 395... 2016 2017
10.................. 49 CFR parts 375, 2017 2018
377, 378.
------------------------------------------------------------------------
Year 3 (Fall 2010) List of Rules With Ongoing Analysis
49 CFR part 325--Compliance With Interstate Motor Carrier Noise
Emission
49 CFR part 390--Federal Motor Carrier Safety Regulations, General
Year 4 (Fall 2011) List of Rules Analyzed and a Summary of Results
49 CFR part 399--Employee Safety and Health Standards
Section 610: The agency conducted a Section 610 review of
these parts and found no SEIOSNOSE. While these parts affect a
substantial number of small entities, the current requirements are
prudent business practices and do not impose a significant economic
impact.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FMCSA's plain language review of
these rules indicates no need for substantial revision.
Year 4 (Fall 2011) List of Rules With Ongoing Analysis
49 CFR part 390--Definition of Commercial Motor Vehicle (CMV)--
Requirements for Operators of Small Passenger-Carrying CMVs.
This rule was moved up from Year 4 as a result of the
Department's Retrospective Regulatory Review.
49 CFR part 391--Driver Qualifications
49 CFR part 392--Driving of Commercial Motor Vehicles
49 CFR part 393--Parts and Accessories Necessary for Safe Operation
49 CFR part 396--Inspection, Repair and Maintenance of Commercial Motor
Vehicles
49 CFR part 397--Transportation of Hazardous Materials; Driving and
Parking Rules
49 CFR part 398--Transportation of Migrant Workers
Year 5 (Fall 2012) List of Rules Analyzed and a Summary of Results
49 CFR part 387--Minimum Levels of Financial Responsibility for Motor
Carriers
Section 610: The agency conducted a Section 610 review of
this part and found no SEIOSNOSE. While part 387 affects a substantial
number of small entities, the currently required minimum levels of
financial responsibility do not impose a significant economic impact
because the industry standard imposed by lenders requires an even
higher level of coverage.
General: On July 6, 2012, the President signed Moving
Ahead for Progress in the 21st Century Act (MAP-21) into law. Section
32104 of MAP-21 directed the Secretary to issue a report on the
appropriateness of: (1) The current minimum financial responsibility
requirements for the transportation of passengers and property and (2)
the current bond and insurance requirements for freight forwarders and
brokers, including for brokers for motor carriers of passengers. FMCSA
issued this report in April 2014. Section 32104 also directed the
Secretary to determine the appropriateness of these requirements every
four years and to issue similar reports to Congress. In its April 2014
report, FMCSA concluded that the current financial responsibility
minimums are inadequate to cover the costs of some crashes. FMCSA is
drafting an Advance Notice of Proposed Rulemaking to consider
increasing the current levels of minimum financial responsibility.
Year 6 (Fall 2013) List of Rule(s) With Ongoing Analysis
49 CFR part 356--Motor Carrier Routing Regulations
49 CFR part 367--Standards for Registration With States
49 CFR part 369--Reports of Motor Carriers
49 CFR part 370--Principles and Practices for the Investigation and
Voluntary Disposition of Loss and Damage Claims and Processing Salvage
49 CFR part 371--Brokers of Property
49 CFR part 372 (subparts B and C)--Exemptions, Commercial Zones and
Terminal Areas
Year 7 (Fall 2014) List of Rule(s) That Will Be Analyzed This Year
49 CFR part 373--Receipts and Bills
49 CFR part 374--Discrimination in Operations of Interstate Motor
Common Carriers of Passengers
[[Page 35063]]
49 CFR part 376--Lease and Interchange of Vehicles
49 CFR part 379--Preservation of Records
National Highway Traffic Safety Administration
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to be
Year reviewed Analysis year Review year
------------------------------------------------------------------------
1................... 49 CFR parts 2008 2009
571.223 through
571.500, and
parts 575 and 579.
2................... 23 CFR parts 1200 2009 2010
through 1300.
3................... 49 CFR parts 501 2010 2011
through 526 and
571.213.
4................... 49 CFR parts 2011 2012
571.131, 571.217,
571.220, 571.221,
and 571.222.
5................... 49 CFR parts 2012 2013
571.101 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.
7................... 49 CFR parts 2014 2015
571.111 through
571.129 and parts
580 through 588.
8................... 49 CFR parts 2015 2016
571.201 through
571.212.
9................... 49 CFR parts 2016 2017
571.214 through
571.219, except
571.217.
10.................. 49 CFR parts 591 2017 2018
through 595 and
new parts and
subparts.
------------------------------------------------------------------------
Year 6 (Fall 2013) List of Rules Analyzed and a Summary of the Results
49 CFR part 529--Manufacturers of Multistage Automobiles
Section 610: There is no SEIOSNOSE.
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.
49 CFR part 531--Passenger Automobile Average Fuel Economy
Section 610: There is no SEIOSNOSE.
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.
49 CFR part 533--Light Truck Fuel Economy Standards
Section 610: There is no SEIOSNOSE.
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.
49 CFR part 534--Rights and Responsibilities of Manufacturers in the
Context of Changes in Corporate Relationships
Section 610: There is no SEIOSNOSE.
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.
49 CFR part 535--Medium- and Heavy-Duty Vehicle Fuel Efficiency Program
Section 610: There is no SEIOSNOSE.
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.
49 CFR part 536--Transfer and Trading of Fuel Economy Credits
Section 610: There is no SEIOSNOSE.
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.
49 CFR part 537--Automotive Fuel Economy Reports
Section 610: There is no SEIOSNOSE.
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.
49 CFR part 538--Manufacturing Incentives for Alternative Fuel Vehicles
Section 610: There is no SEIOSNOSE.
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.
49 CFR part 541--Federal Motor Vehicle Theft Prevention Standard
Section 610: There is no SEIOSNOSE.
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.
49 CFR part 542--Procedures for Selecting Light Duty Truck Lines to be
Covered by the Theft Prevention Standard
Section 610: There is no SEIOSNOSE.
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.
49 CFR part 543--Exemption From Vehicle Theft Prevention Standard
Section 610: There is no SEIOSNOSE.
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.
49 CFR part 545--Federal Motor Vehicle Theft Prevention Standard Phase-
In and Small-Volume Line Reporting Requirements
Section 610: There is no SEIOSNOSE.
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.
49 CFR part 551--Procedural Rules
Section 610: There is no SEIOSNOSE.
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.
49 CFR part 552--Petitions for Rulemaking, Defect, and Noncompliance
Orders
Section 610: There is no SEIOSNOSE.
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.
49 CFR part 553--Rulemaking Procedures
Section 610: There is no
[[Page 35064]]
SEIOSNOSE.
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.
49 CFR part 554--Standards Enforcement and Defects Investigation
Section 610: There is no SEIOSNOSE.
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.
49 CFR part 555--Temporary Exemption from Motor Vehicle Safety and
Bumper Standards
Section 610: There is no SEIOSNOSE.
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.
49 CFR part 556--Exemption for Inconsequential Defect or Noncompliance
Section 610: There is no SEIOSNOSE.
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.
49 CFR part 557--Petitions for Hearings on Notification and Remedy of
Defects
Section 610: There is no SEIOSNOSE.
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.
49 CFR part 563--Event Data Recorders
Section 610: There is no SEIOSNOSE.
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.
49 CFR part 564--Replaceable Light Source and Sealed Beam Headlamp
Information
Section 610: There is no SEIOSNOSE.
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.
49 CFR part 565--Vehicle Identification Number (VIN) Requirements
Section 610: There is no SEIOSNOSE.
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.
49 CFR part 566--Manufacturer Identification
Section 610: There is no SEIOSNOSE.
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.
49 CFR part 567--Certification
Section 610: There is no SEIOSNOSE.
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.
49 CFR part 568--Vehicles Manufactured in Two or More Stages--All
Incomplete, Intermediate and Final-Stage Manufacturers of Vehicles
Manufactured in Two or More Stages
Section 610: There is no SEIOSNOSE.
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.
49 CFR part 569--Regrooved Tires
Section 610: There is no SEIOSNOSE.
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.
49 CFR part 570--Vehicle In Use Inspection Standards
Section 610: There is no SEIOSNOSE.
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.
49 CFR part 572--Anthropomorphic Test Devices
Section 610: There is no SEIOSNOSE.
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.
49 CFR part 573--Defect and Noncompliance Responsibility and Reports
Section 610: There is no SEIOSNOSE.
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.
49 CFR part 574--Tire Identification and Recordkeeping
Section 610: There is no SEIOSNOSE.
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.
49 CFR part 576--Record Retention
Section 610: There is no SEIOSNOSE.
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.
49 CFR part 577--Defect and Noncompliance Notification
Section 610: There is no SEIOSNOSE.
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.
49 CFR part 578--Civil and Criminal Penalties
Section 610: There is no SEIOSNOSE.
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 7 (Fall 2014) List of Rules That Will Be Analyzed During the Next
Year
49 CFR part 571.111--Rear Visibility
49 CFR part 571.112--[Reserved]
49 CFR part 571.113--Hood Latch System
49 CFR part 571.114--Theft Protection and Rollaway Prevention
49 CFR part 571.115--[Reserved]
49 CFR part 571.116--Motor Vehicle Brake Fluids
49 CFR part 571.117--Retreaded Pneumatic Tires
[[Page 35065]]
49 CFR part 571.118--Power-Operated Window, Partition, and Roof Panel
Systems
49 CFR part 571.119--New Pneumatic Tires For Motor Vehicles With a GVWR
of More Than 4,536 Kilograms (10,000 Pounds) and Motorcycles
49 CFR part 571.120--Tire Selection and Rims and Motor Home/Recreation
Vehicle Trailer Load Carrying Capacity Information For Motor Vehicles
With a GVWR of More Than 4,536 Kilograms (10,000 Pounds)
49 CFR part 571.121--Air Brake Systems
49 CFR part 571.122--Motorcycle Brake Systems
49 CFR part 571.122a--Motorcycle Brake Systems
49 CFR part 571.123--Motorcycle Controls and Displays
49 CFR part 571.124--Accelerator Control Systems
49 CFR part 571.125--Warning Devices
49 CFR part 571.126--Electronic Stability Control Systems
49 CFR part 571.127-571.128--[Reserved]
49 CFR part 571.129--New Non-pneumatic Tires For Passenger Cars
49 CFR part 580--Odometer Disclosure Requirements
49 CFR part 581--Bumper Standard
49 CFR part 582--Insurance Cost Information Regulation
49 CFR part 583--Automobile Parts Content Labeling
49 CFR part 585--Phase-In Reporting Requirements
49 CFR part 586--[Reserved]
49 CFR part 587--Deformable Barriers
49 CFR part 588--Child Restraint Systems Recordkeeping Requirements
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.................. 49 CFR parts 213, 2017 2018
220, 230, 232,
239, 240, and 265.
------------------------------------------------------------------------
Year 6 (Fall 2013) List of Rules Analyzed and a Summary of Results
49 CFR part 216--Special Notice and Emergency Order Procedures:
Railroad Track, Locomotive and Equipment
Section 610: There is no SEIOSNOSE.
General: Since the rule deals with the special notices for
repairs of railroad freight car, locomotive, passenger equipment, and
track class and prescribes for the issuance and review of emergency
orders for removing dangerously substandard track from service, it will
provide safety and security for railroad employees and the public.
FRA's plain language review of this rule indicates no need for
substantial revision.
49 CFR part 228--Hours of Service of Railroad Employees
Section 610: There is no SEIOSNOSE.
General: Since the rule prescribes reporting and
recordkeeping requirements regarding the hours of service of certain
railroad employees, railroad contractors and subcontractors;
establishes requirements for electronic recordkeeping systems for the
creation and maintenance of required hours of service records;
establishes standards and procedures concerning the construction or
reconstruction of sleeping quarters; establishes minimum safety and
health standards for camp cars provided by a railroad as sleeping
quarters; and prescribes substantive hours of service requirements for
train employees engaged in commuter or intercity rail passenger
transportation. It promotes the safety of railroad operations and
employees. FRA's plain language review of this rule indicates no need
for substantial revision.
49 CFR part 229--Railroad Locomotive Safety Standards
Section 610: There is a SEIOSNOSE. These are minimum
Federal standards for railroad locomotive safety. The FRA will conduct
a formal review to identify whether opportunities may exist to reduce
the burden on small railroads without compromising safety standards.
General: Since the rule prescribes minimum Federal safety
standards for all locomotives except those propelled by steam power,
these regulations are necessary to achieve better and effective
compliance of railroad locomotive safety standards and to minimize the
number of casualties. FRA's plain language review of this rule
indicates that there is no need for substantial revision.
Year 7 (fall 2014) List of rule(s) that will be analyzed during next
year
49 CFR part 223--Safety Glazing Standards--Locomotives, Passenger Cars
and Cabooses
49 CFR part 233--Signal System Reporting Requirements
Federal Transit Administration
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to be
Year reviewed Analysis year Review year
------------------------------------------------------------------------
1................... 49 CFR parts 604, 2008 2009
605, and 633.
2................... 49 CFR parts 661 2009 2010
and 665.
3................... 49 CFR part 633... 2010 2011
4................... 49 CFR parts 609 2011 2012
and 611.
5................... 49 CFR parts 613 2012 2013
and 614.
6................... 49 CFR part 622... 2013 2014
[[Page 35066]]
7................... 49 CFR part 630... 2014 2015
8................... 49 CFR part 639... 2015 2016
9................... 49 CFR parts 659 2016 2017
and 663.
10.................. 49 CFR part 665... 2017 2018
------------------------------------------------------------------------
Year 6 (fall 2013) List of rules analyzed and summary of results
49 CFR part 622--Environmental Impact and Related Procedures
Section 610: The agency has determined that the rule does
not have a significant effect on a substantial number of small
entities. FTA and FHWA recently revised the rule and evaluated the
likely effects of the final rule on small entities and requested public
comment during the rulemaking process. FTA and FHWA determined that the
rule does not have a significant economic impact on entities of any
size. FTA and FHWA expect the revisions to the rule will expedite
environmental review. Thus, FTA and FHWA determined that the rule will
not have a significant economic impact on a substantial number of small
entities. FTA and FHWA received no comment on this issue in the
rulemaking process.
General: FTA revised part 622 via a final rule in January
2013, in order to implement recent MAP-21 requirements (see 79 FR
2107). Part 622 cross-references 23 CFR part 771. FTA and FHWA joint
procedures at 23 CFR part 771 describe how FTA and FHWA comply with
NEPA and the Council on Environmental Quality (CEQ) regulations
implementing NEPA. Sections 1316 and 1317 of MAP-21 require the
Secretary of Transportation to promulgate regulations designating two
types of actions as categorical exclusions in 23 CFR part 771: (1) Any
project (as defined in 23 U.S.C. 101(a)) within an existing operational
right-of-way and (2) any project that receives less than $5,000,000 of
Federal funds or with a total estimated cost of not more than
$30,000,000 and Federal funds comprising less than 15 percent of the
total estimated project cost, respectively.
Year 7 (fall 2014) List of rules that will be analyzed during the next
year
49 CFR part 630--National Transit Database
Maritime Administration
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to be
Year reviewed Analysis year Review year
------------------------------------------------------------------------
1................... 46 CFR parts 201 2008 2009
through 205.
2................... 46 CFR parts 221 2009 2010
through 232.
3................... 46 CFR parts 249 2010 2011
through 296.
4................... 46 CFR parts 221, 2011 2012
298, 308, and 309.
5................... 46 CFR parts 307 2012 2013
through 309.
6................... 46 CFR part 310... 2013 2014
7................... 46 CFR parts 315 2014 2015
through 340.
8................... 46 CFR parts 345 2015 2016
through 381.
9................... 46 CFR parts 382 2016 2017
through 389.
10.................. 46 CFR parts 390 2017 2018
through 393.
------------------------------------------------------------------------
Year 4 (Fall 2011) List of Rules Analyzed and Summary of Results
46 CFR part 221--Foreign Transfer Regulations
Section 610: There is no SEIOSNOSE.
General: An updated rule was promulgated, providing
technical changes including corrections to statutory references,
updates to citations and addresses, and deleted other obsolete
references.
46 CFR part 327--Administrative Claims
Section 610: There is no SEIOSNOSE.
General: An updated rule was promulgated, providing
clarity to the public regarding the filing of administrative claims and
adopting a procedural process for effectively resolving claims under
the Suits in Admiralty Act, the Admiralty Extension Act and the
Clarification Act.
46 CFR part 249--Approval of Underwriters for Marine Hull Insurance
Section 610: There is no SEIOSNOSE.
General: No changes are needed. MARAD's plain language
review of this rule indicated no need for substantial revision.
46 CFR part 287--Establishment of Construction Reserve Funds
Section 610: There is no SEIOSNOSE.
General: No changes are needed. MARAD's plain language
review of this rule indicated no need for substantial revision.
46 CFR part 295--Maritime Security Program (MSP)
Section 610: There is no SEIOSNOSE.
General: No changes are needed. MARAD's plain language
review of this rule indicated no need for substantial revision.
Year 4 (Fall 2011) List of Rules With Ongoing Analysis
46 CFR part 381--Cargo Preference--U.S.-Flag Vessels
46 CFR part 383--Cargo Preference--Compromise, Assessment, Mitigation,
Settlement, and Collection of Civil Penalties
46 CFR part 272--Requirements and Procedures for Conducting Condition
Surveys and Administering Maintenance and Repair Subsidy
46 CFR part 296--Maritime Security Program (MSP)
Year 5 (2012) List of Rules Analyzed and Summary of Results
46 CFR part 308--War Risk Insurance
Section 610: There is no SEIOSNOSE.
General: An updated rule was promulgated, correcting
numerous citations, updating relevant agency contact and underwriting
agent information, and removing other
[[Page 35067]]
obsolete references.
46 CFR part 309--War Risk Ship Valuation
Section 610: There is no SEIOSNOSE.
General: No changes are needed. MARAD's plain language
review of this rule indicated no need for substantial revision.
Year 5 (2012) List of Rules With Ongoing Analysis
46 CFR part 307--Mandatory Position Report System for Vessels
Year 6 (2013) List of Rules With Ongoing Analysis
46 CFR part 310--Merchant Marine Training
Year 7 (2014) List of Rules That Will Be Analyzed During the Next Year
46 CFR part 315--Agency Agreements and Appointment of Agents
46 CFR part 317--Bonding of Ship's Personnel
46 CFR part 324--Procedural Rules for Financial Transactions Under
Agency Agreements
46 CFR part 325--Procedure to be Followed by General Agents in
Preparation of Invoices and Payment of Compensation Pursuant to
Provisions of NSA Order No. 47
46 CFR part 326--Marine Protection and Indemnity Insurance Under
Agreements with Agents
46 CFR part 327--Seamen's Claims; Administrative Action and Litigation
46 CFR part 328--Slop Chests
46 CFR part 329--Voyage Data
46 CFR part 330--Launch Services
46 CFR part 332--Repatriation of Seaman
46 CFR part 335--Authority and Responsibility of General Agents to
Undertake Emergency Repairs in Foreign Ports
46 CFR part 336--Authority and Responsibility of General Agents to
Undertake in Continental United States Ports Voyage Repairs and Service
Equipment of Vessels Operated for the Account of the National Shipping
Authority Under General Agency Agreement
46 CFR part 337--General Agent's responsibility in Connection with
Foreign Repair Custom's Entries
46 CFR part 338--Procedure for Accomplishment of Vessel Repairs Under
National Shipping Authority Master Lump Sum Repair Contract--NSA--
Lumpsumrep
46 CFR part 339--Procedure for Accomplishment of Ship Repairs Under
National Shipping Authority Individual Contract for Minor Repairs--
NSA--Worksmalrep
46 CFR part 340--Priority Use and Allocation of Shipping Services,
Container and Chassis and Port Facilities and Services for National
Security and National Defense Related Operations.
Pipeline and Hazardous Materials Safety Administration (PHMSA)
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to be
Year reviewed Analysis year Review year
------------------------------------------------------------------------
1................... 49 CFR part 178... 2008 2009
2................... 49 CFR parts 178 2009 2010
through 180.
3................... 49 CFR parts 172 2010 2011
and 175.
4................... 49 CFR part 171, 2011 2012
sections 171.15
and 171.16.
5................... 49 CFR parts 106, 2012 2013
107, 171, 190,
and 195.
6................... 49 CFR parts 174, 2013 2014
177, 191, and 192.
7................... 49 CFR parts 176 2014 2015
and 199.
8................... 49 CFR parts 172 2015 2016
through 178.
9................... 49 CFR parts 172, 2016 2017
173, 174, 176,
177, and 193.
10.................. 49 CFR parts 173 2017 2018
and 194.
------------------------------------------------------------------------
Year 6 (Fall 2013) List of Rules Analyzed and a Summary of Results
49 CFR part 174--Carriage by Rail
Section 610: There is no SEIOSNOSE. On August 27-28, 2013
(78 FR 42998)
PHMSA and FRA held a public meeting to address the transportation
of hazardous materials by rail. This meeting was part of PHMSA and
FRA's comprehensive review of operational factors that affect the
safety of the transportation of hazardous materials by rail and sought
input from stakeholders and interested parties. Specifically, this
meeting sought comment from the regulated community including small
entities on revision to part 174. PHMSA and FRA have evaluated the
comments from this meeting. The comments to this public meeting noted
that some small entities may be affected, but the economic impact on
small entities will not be significant. As a result, the agency
determined that the rules do not have a significant economic impact on
a substantial number of small entities. A response to the public
comments, including those of small entities, and proposals for
corresponding revisions to part 174 will be included in a future
rulemaking.
General: The requirements in this rule are necessary to
protect rail transportation workers and the general public from the
dangers associated with hazardous materials incidents in rail
transportation. PHMSA's plain language review of this rule indicates no
need for substantial revision; however, any revisions to part 174 as
part of a future rulemaking will take into account plain language
principles and where appropriate clarify unclear language.
49 CFR part 177--Carriage by Public Highway
Section 610: There is no SEIOSNOSE. This rule prescribes
minimum safety standards for the transportation of hazardous materials
for highway transportation. Some small entities may be affected, but
the economic impact on small entities will not be significant.
General: The requirements in this rule are necessary to
protect highway transportation workers and the general public from the
dangers associated with hazardous materials incidents in highway
transportation. PHMSA's plain language review of this rule indicates no
need for substantial revision.
49 CFR part 191--Transportation of Natural and Other Gas by Pipeline;
Annual Reports, Incident Reports, and Safety-Related Condition Reports
Section 610: There is no SEIOSNOSE. Based on regulated
entities, PHMSA found that the majority of operators are not small
businesses. Therefore, though some small entities
[[Page 35068]]
may be affected, 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. PHMSA's plain language review of
this rule indicates no need for substantial revision.
49 CFR part 192--Transportation of Natural and Other Gas by Pipeline:
Minimum Federal Safety Standards
Section 610: There is no SEIOSNOSE. Based on regulated
entities, PHMSA found that the majority of operators are not small
businesses. Therefore, though some small entities may be affected, 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. PHMSA's plain language review of
this rule indicates no need for substantial revision.
Year 7 (Fall 2014) List of Rules That Will Be Analyzed During the Next
Year
49 CFR part 176--Carriage by Vessel
49 CFR part 199--Drug and Alcohol Testing
Saint Lawrence Seaway Development Corporation
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to be
Year reviewed Analysis year Review year
------------------------------------------------------------------------
1................... 33 CFR parts 401 2008 2009
through 403.
------------------------------------------------------------------------
Year 1 (Fall 2008) List of Rules With Ongoing Analysis
33 CFR part 401--Seaway Regulations and Rules
33 CFR part 402--Tariff of Tolls
33 CFR part 403--Rules of Procedure of the Joint Tolls Review Board
Office of the Secretary--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
184....................... + Airline Pricing 2105-AE11
Transparency and Other
Consumer Protection
Issues.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Aviation Administration--Prerule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
185....................... + Applying the Flight, 2120-AK26
Duty, and Rest Rules of
14 CFR part 135 to Tail-
End Ferry Operations (FAA
Reauthorization).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Aviation Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
186....................... + Operation and 2120-AJ60
Certification of Small
Unmanned Aircraft Systems.
187....................... Changing the Collective 2120-AK06
Risk Limits for Launches
and Reentries, and
Clarifying the Risk Limit
Used to Establish Hazard
Areas for Ships and
Aircraft.
188....................... Flight Simulation Training 2120-AK08
Device (FSTD)
Qualification Standards
for Extended Envelope and
Adverse Weather Event
Training.
189....................... + Applying the Flight, 2120-AK22
Duty and Rest
Requirements to Ferry
Flights That Follow
Domestic, Flag, or
Supplemental All-Cargo
Operations;
(Reauthorization).
190....................... Reciprocal Waivers of 2120-AK44
Claims for Licensed or
Permitted Launch and
Reentry Activities (RRR).
191....................... + Reorganization.......... 2120-AK65
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Aviation Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
192....................... Acceptance Criteria for 2120-AK32
Portable Oxygen
Concentrators Used
Onboard Aircraft (RRR).
193....................... + Prohibition Against 2120-AK60
Certain Flights Within
the Baghdad (ORBB) Flight
Information Region (FIR)
Amendment.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
[[Page 35069]]
Federal Aviation Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
194....................... + Drug and Alcohol Testing 2120-AK09
of Certain Maintenance
Provider Employees
Located Outside of the
United States.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Motor Carrier Safety Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
195....................... + Carrier Safety Fitness 2126-AB11
Determination.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Motor Carrier Safety Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
196....................... + Commercial Driver's 2126-AB18
License Drug and Alcohol
Clearinghouse (MAP-21).
197....................... + Electronic Logging 2126-AB20
Devices and Hours of
Service Supporting
Documents (MAP-21) (RRR).
198....................... + Lease and Interchange of 2126-AB44
Vehicles; Motor Carriers
of Passengers.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Motor Carrier Safety Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
199....................... + Entry-Level Driver 2126-AB66
Training (Section 610
Review).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Motor Carrier Safety Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
200....................... + Inspection, Repair, and 2126-AB46
Maintenance; Driver-
Vehicle Inspection Report
(RRR).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Railroad Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
201....................... + Passenger Equipment 2130-AC46
Safety Standards.
202....................... + Train Crew Staffing and 2130-AC48
Location.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Pipeline and Hazardous Materials Safety Administration--Proposed Rule
Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
203....................... + Pipeline Safety: Safety 2137-AE66
of Onshore Liquid
Hazardous Pipelines.
204....................... Pipeline Safety: Issues 2137-AE93
Related to the Use of
Plastic Pipe in Gas
Pipeline Industry.
205....................... + Pipeline Safety: 2137-AE94
Operator Qualification,
Cost Recovery, Accident
and Incident
Notification, and Other
Changes (RRR).
206....................... + Pipeline Safety: 2137-AF06
Amendments to Parts 192
and 195 to Require Valve
Installation and Minimum
Rupture Detection
Standards.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
[[Page 35070]]
Pipeline and Hazardous Materials Safety Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
207....................... + Hazardous Materials: 2137-AE91
Enhanced Tank Car
Standards and Operational
Controls for High-Hazard
Flammable Trains.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Maritime Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
208....................... + Cargo Preference........ 2133-AB74
------------------------------------------------------------------------
+ DOT-designated significant regulation.
DEPARTMENT OF TRANSPORTATION (DOT)
Office of the Secretary (OST)
Final Rule Stage
184. + Airline Pricing Transparency and Other Consumer Protection
Issues
Legal Authority: 49 U.S.C. 41712; 49 U.S.C. 40101; 49 U.S.C. 41702
Abstract: The Department is seeking comment on a number of
proposals to enhance protections for air travelers and to improve the
air travel environment, including a proposal to clarify and codify the
Department's interpretation of the statutory definition of ticket
agent.'' This NPRM also would require airlines and ticket agents to
disclose at all points of sale the fees for certain basic ancillary
services associated with the air transportation consumers are buying or
considering buying. Other proposals in this NPRM to enhance airline
passenger protections include: expanding the pool of reporting''
carriers; requiring enhanced reporting by mainline carriers for their
domestic code-share partner operations; requiring large travel agents
to adopt minimum customer service standards; codifying the statutory
requirement that carriers and ticket agents disclose any code-share
arrangements on their Web sites; and prohibiting unfair and deceptive
practices such as undisclosed biasing and post-purchase price
increases. The Department also is considering whether to require ticket
agents to disclose the carriers whose tickets they sell in order to
avoid having consumers mistakenly believe they are searching all
possible flight options for a particular city-pair market when there
may be other options available. Additionally, this NPRM would correct
drafting errors and make minor changes to the Department's second
Enhancing Airline Passenger Protections rule to conform to guidance
issued by the Department's Office of Aviation Enforcement and
Proceedings (Enforcement Office) regarding its interpretation of the
rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/23/14 79 FR 29970
NPRM Comment Period End............. 08/21/14
Final Rule.......................... 12/00/15
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Blane A Workie, Principal Deputy Assistant General
Counsel, Department of Transportation, Office of the Secretary, 1200
New Jersey Ave. SE., Washington, DC 20590, Phone: 202 366-9342, TDD
Phone: 202 755-7687, Fax: 202 366-7152, Email: blane.workie@dot.gov.
RIN: 2105-AE11
BILLING CODE 4910-9X-P
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Prerule Stage
185. + Applying the Flight, Duty, and Rest Rules of 14 CFR Part 135 to
Tail-End Ferry Operations (FAA Reauthorization)
Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 1153; 49 U.S.C. 40101;
49 U.S.C. 40102; 49 U.S.C. 40103; 49 U.S.C. 40113; 49 U.S.C. 41706; 49
U.S.C. 44105; 49 U.S.C. 44106; 49 U.S.C. 44111; 49 U.S.C. 44701 to
44717; 49 U.S.C. 44722; 49 U.S.C. 44901; 49 U.S.C. 44903; 49 U.S.C.
44904; 49 U.S.C. 44906; 49 U.S.C. 44912; 49 U.S.C. 44914; 49 U.S.C.
44936; 49 U.S.C. 44938; 49 U.S.C. 45101 to 45105; 49 U.S.C. 46103
Abstract: This rulemaking would require a flightcrew member who is
employed by an air carrier conducting operations under part 135, and
who accepts an additional assignment for flying under part 91 from the
air carrier or from any other air carrier conducting operations under
part 121 or 135, to apply the period of the additional assignment
toward any limitation applicable to the flightcrew member relating to
duty periods or flight times under part 135.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 08/00/15
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dale Roberts, Department of Transportation, Federal
Aviation Administration, 800 Independence Ave. SW., Washington, DC
20591, Phone: 202 267-5749, Email: dale.roberts@faa.gov.
RIN: 2120-AK26
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Proposed Rule Stage
186. + Operation and Certification of Small Unmanned Aircraft Systems
Legal Authority: 49 U.S.C. 44701; Pub. L. 112-95
Abstract: This rulemaking would adopt specific rules to allow the
operation of small unmanned aircraft systems in the National Airspace
System. These changes would address the operation of unmanned aircraft
systems, certification of their operators, registration, and display of
registration markings. The rulemaking also would find that
airworthiness certification is not required for small unmanned aircraft
system operations that would be subject to this proposed rule. Lastly,
the rulemaking would prohibit model
[[Page 35071]]
aircraft from endangering the safety of the National Airspace System.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/23/15 80 FR 9544
NPRM Comment Period End............. 04/24/15
Analyzing Comments.................. 08/00/15
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Lance Nuckolls, Unmanned Aircraft Systems
Integration Office, Department of Transportation, Federal Aviation
Administration, 490 L'Enfant Plaza SW., Washington, DC 20024, Phone:
202 267-8447, Email: uas-rule@faa.gov.
RIN: 2120-AJ60
187. Changing the Collective Risk Limits for Launches and Reentries,
and Clarifying the Risk Limit Used To Establish Hazard Areas for Ships
and Aircraft
Legal Authority: 51 U.S.C. 50901 to 50923
Abstract: This rulemaking would revise the collective risk limits
for commercial launches and reentries. With this rulemaking, the FAA
would separate its expected-number-of-casualties limits for launches
and reentries. For commercial launches, the FAA would aggregate the
expected-number-of-casualties posed by the following hazards: (1)
Impacting inert and explosive debris, (2) toxic release, and (3) far
field blast overpressure to one times ten to the minus four. This
rulemaking would also clarify the regulatory requirements concerning
hazard areas for ships and aircraft.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/21/14 79 FR 42241
NPRM Comment Period End............. 10/20/14
Analyzing Comments.................. 06/00/15
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Rene Rey, Licensing and Safety Division, Office of
Commercial Space, Department of Transportation, Federal Aviation
Administration, 800 Independence Ave. SW., Washington, DC 20590, Phone:
202 267-7538, Email: rene.rey@faa.gov.
RIN: 2120-AK06
188. Flight Simulation Training Device (FSTD) Qualification Standards
for Extended Envelope and Adverse Weather Event Training
Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 40113; 49 U.S.C.
44701; Pub. L. 111-216
Abstract: This rulemaking would amend evaluation qualifications for
simulators to ensure the simulators are technically capable of
performing new flight training tasks as identified in the Airline
Safety and Federal Aviation Administration Extension Act of 2010 (Pub.
L. 111-216) and that are included in a separate rulemaking (2120-AJ00).
By ensuring the simulators provide an accurate and realistic
simulation, this rulemaking would allow for training on the following
tasks: (1) Full/aerodynamic stall, and (2) upset recognition and
recovery, as identified in Pub. L. 111-216. Furthermore, this
rulemaking would improve the minimum FSTD evaluation requirements for
gusting crosswinds (takeoff/landing), engine and airframe icing, and
bounced landing recovery methods in response to NTSB and Aviation
Rulemaking Committee recommendations. The intended effect is to ensure
an adequate level of simulator fidelity.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/10/14 79 FR 39461
NPRM Comment Period Extended........ 09/16/14 79 FR 55407
NPRM Comment Period End............. 10/08/14
Comment Period Extended............. 01/06/15
Analyzing Comments.................. 06/00/15
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Larry McDonald, Department of Transportation,
Federal Aviation Administration, P.O. Box 20636, Atlanta, GA 30320,
Phone: 404-474-5620, Email: larry.e.mcdonald@faa.gov.
RIN: 2120-AK08
189. + Applying the Flight, Duty and Rest Requirements to Ferry Flights
That Follow Domestic, Flag, or Supplemental All-Cargo Operations;
(Reauthorization)
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; 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; 49 U.S.C. 44717
Abstract: This rulemaking would require a flightcrew member who
accepts an additional assignment for flying under part 91 from the air
carrier or from any other air carrier conducting operations under part
121 or 135 of such title, to apply the period of the additional
assignment toward any limitation applicable to the flightcrew member
relating to duty periods or flight times. This rule is necessary to
make part 121 flight, duty, and rest limits applicable to tail-end
ferries that follow an all-cargo flight.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/15
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dale Roberts, Department of Transportation, Federal
Aviation Administration, 800 Independence Ave. SW., Washington, DC
20591, Phone: 202 267-5749, Email: dale.roberts@faa.gov.
RIN: 2120-AK22
190. Reciprocal Waivers of Claims for Licensed or Permitted Launch and
Reentry Activities (RRR)
Legal Authority: 49 U.S.C. 322; 51 U.S.C. 50910 to 50923
Abstract: This rulemaking would extend the waiver of claims for all
customers involved in a launch or reentry, amend the requirement
describing which entities are required to sign the statutorily-mandated
waiver of claims, and add a new waiver template for the
customer[acute]s use. This rulemaking would ease the administrative
burden on customers, licensees, permittees, and the FAA, especially
when a new customer is added only a short time before the scheduled
launch or reentry.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/13/15 80 FR 2015
NPRM Comment Period End............. 03/16/15
Analyzing Comments.................. 06/00/15
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Shirley McBride, Department of Transportation,
Federal Aviation Administration, 800 Independence Ave. SW., Washington,
DC 20591, Phone: 202 267-7470, Email: shirley.mcbride@faa.gov.
RIN: 2120-AK44
[[Page 35072]]
191. +Reorganization
Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 40113; 49 U.S.C.
44701; 49 U.S.C. 44702; 49 U.S.C. 44704
Abstract: This rulemaking would revise title 14, Code of Federal
Regulations (14 CFR) part 23 as a set of performance-based regulations
for the design and certification of small transport category aircraft.
This rulemaking would: (1) Reorganize part 23 into performance-based
requirements by removing the detailed design requirements from part 23.
The detailed design provisions that would assist applicants in
complying with the new performance-based requirements would be
identified in means of compliance (MOC) documents to support this
effort; (2) promote the adoption of the newly created performance-based
airworthiness design standard as an internationally accepted standard
by the majority of other civil aviation authorities; (3) realign the
part 23 requirements to promote the development of entry-level
airplanes similar to those certified under Certification Specification
for Very Light Aircraft (CS-VLA); (4) enhance the FAA's ability to
address new technology; (5) increase the general aviation (GA) level of
safety provided by new and modified airplanes; (6) amend the stall,
stall warning, and spin requirements to reduce fatal accidents and
increase crashworthiness by allowing new methods for occupant
protection; and (7) address icing conditions that are currently not
included in part 23 regulations.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/15
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Lowell Foster, Department of Transportation,
Federal Aviation Administration, 901 Locust St., Kansas City, MO 64106,
Phone: 816-329-4125, Email: lowell.foster@faa.gov.
RIN: 2120-AK65
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Final Rule Stage
192. Acceptance Criteria for Portable Oxygen Concentrators Used Onboard
Aircraft (RRR)
Legal Authority: 49 U.S.C. 106(f); 49 U.S.C. 106(g); 49 U.S.C.
1155; 49 U.S.C. 40103; 49 U.S.C. 40105; 49 U.S.C. 40109; 49 U.S.C.
40113; 49 U.S.C. 40119; 49 U.S.C. 40120; 49 U.S.C. 41706; 49 U.S.C.
44101; 49 U.S.C. 44110; 49 U.S.C. 44111; 49 U.S.C. 44502; 49 U.S.C.
44701; 49 U.S.C. 44702; 49 U.S.C. 44704; 49 U.S.C. 44705; 49 U.S.C.
44709 to 44713; 49 U.S.C. 44715 to 44717; 49 U.S.C. 44722; 49 U.S.C.
45101 to 45105; 49 U.S.C. 46102; 49 U.S.C. 46105; 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; 61 Stat. 1180--Articles 12 and 29
Abstract: This rulemaking would establish FAA acceptance criteria
for portable oxygen concentrators (POC) used by passengers in air
carrier operations, commercial operations, and certain other operations
using large aircraft. To identify POCs that satisfy the FAA acceptance
criteria, POC manufacturers will affix a label on the exterior of the
device. With the establishment of POC acceptance criteria, the FAA will
discontinue the use of Special Federal Aviation Regulation (SFAR) No.
106 (``the SFAR''), removing it from title 14 of the Code of Federal
Regulations (14 CFR) parts 121, 125, and 135. POCs currently identified
in the SFAR will continue to be identified in the regulatory text of
the final rule as approved for use on aircraft and will not require a
label prior to use.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/19/14 79 FR 56288
NPRM Comment Period End............. 11/18/14
Final Rule.......................... 01/00/16
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Denise K Deaderick, Air Transportation Division,
Department of Transportation, Federal Aviation Administration, 800
Independence Ave. SW., Washington, DC 20591, Phone: 202 267-8166,
Email: dk.deaderick@faa.gov.
RIN: 2120-AK32
193. +Prohibition Against Certain Flights Within the Baghdad
(ORBB) Flight Information Region (FIR) Amendment
Legal Authority: 126 Stat. 11; 49 U.S.C. 106(f); 49 U.S.C. 106(g);
49 U.S.C. 1155; 49 U.S.C. 40101; 49 U.S.C. 40103; 49 U.S.C. 40105; 49
U.S.C. 40113; 49 U.S.C. 40120; 49 U.S.C. 44101; 49 U.S.C. 44111; 49
U.S.C. 44701; 49 U.S.C. 44704; 49 U.S.C. 44709; 49 U.S.C. 44711; 49
U.S.C. 44712; 49 U.S.C. 44715; 49 U.S.C. 44716; 49 U.S.C. 44717; 49
U.S.C. 44722; 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; 49 U.S.C. 47534; 61 Stat. 1180
Abstract: This action amends Special Federal Aviation Regulation
(SFAR) No. 77, section 91.1605, Prohibition Against Certain Flights
Within the Territory and Airspace of Iraq, which prohibits certain
flight operations in the territory and airspace of Iraq by all United
States (U.S.) air carriers, U.S. commercial operators, persons
exercising the privileges of a U.S. airman certificate, except when
such persons are operating a U.S.-registered civil aircraft for a
foreign air carrier, and operators of U.S. registered civil aircraft,
except when such operators are foreign air carriers. On August 8, 2014,
the FAA issued a Notice-to-Airmen (NOTAM) prohibiting flight operations
in the ORBB FIR at all altitudes, subject to certain limited
exceptions, due to the armed conflict in Iraq. This amendment to SFAR
No. 77, section 91.1605, incorporates the flight prohibition set forth
in the August 8, 2014, NOTAM into the rule. The FAA is also making
technical corrections to a previously published amendment to SFAR No.
77, section 91.1605, revising the approval process for this SFAR for
other U.S. Government departments, agencies, and instrumentalities, to
make it more similar to the approval process for other recently
published flight prohibition SFARs, and adding an expiration date.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 05/00/15
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Robert Frenzel, Department of Transportation,
Federal Aviation Administration, 800 Independence Ave. SW., Washington,
DC 20591, Phone: 202 267-7638.
RIN: 2120-AK60
[[Page 35073]]
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Long-Term Actions
194. +Drug and Alcohol Testing of Certain Maintenance Provider
Employees Located Outside of the United States
Legal Authority: 14 CFR; 49 U.S.C. 106(g); 49 U.S.C. 40113; 49
U.S.C. 44701; 49 U.S.C. 44702; 49 U.S.C. 44707; 49 U.S.C. 44709; 49
U.S.C. 44717
Abstract: This rulemaking is required by the FAA Modernization and
Reform 2012. It would require controlled substance testing of some
employees working in repair stations located outside the United States.
The intended effect is to increase participation by companies outside
of the United States in testing of employees who perform safety
critical functions and testing standards similar to those used in the
repair stations located in the United States. This action is necessary
to increase the level of safety of the flying public. This rulemaking
is required by the FAA Modernization and Reform Act of 2012.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 03/17/14 79 FR 14621
Comment Period Extended............. 05/01/14 79 FR 24631
ANPRM Comment Period End............ 05/16/14 .......................
Comment Period End.................. 07/17/14 .......................
-----------------------------------
Next Action Undetermined............ To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Vicky Dunne, Department of Transportation, Federal
Aviation Administration, 800 Independence Ave. SW., Washington, DC
20591, Phone: 202 267-8522, Email: vicky.dunne@faa.gov.
RIN: 2120-AK09
BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Motor Carrier Safety Administration (FMCSA)
Proposed Rule Stage
195. +Carrier Safety Fitness Determination
Legal Authority: Section 4009 of TEA-21
Abstract: FMCSA proposes to amend the Federal Motor Carrier Safety
Regulations (FMCSRs) to adopt revised methodologies that would result
in a safety fitness determination (SFD). The proposed methodologies
would determine when a motor carrier is not fit to operate commercial
motor vehicles (CMVs) in or affecting interstate commerce based on (1)
the carrier's performance in relation to five of the Agency's
Behavioral Analysis and Safety Improvement Categories (BASICs); (2) an
investigation; or (3) a combination of on-road safety data and
investigation information. The intended effect of this action is to
reduce crashes caused by CMV drivers and motor carriers that result in
death, injuries, and property damage on U.S. highways by more
effectively using FMCSA data and resources to identify unfit motor
carriers and remove them from the Nation's roadways.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/15 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Bryan Price, Transportation Specialist, Department
of Transportation, Federal Motor Carrier Safety Administration, 1000
Liberty Ave., Suite 300, Pittsburgh, PA 15222, Phone: 412 395-4816,
Email: bryan.price@dot.gov.
RIN: 2126-AB11
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Motor Carrier Safety Administration (FMCSA)
Final Rule Stage
196. +Commercial Driver's License Drug and Alcohol Clearinghouse (MAP-
21)
Legal Authority: 49 U.S.C. 31306
Abstract: This rulemaking would create a central database for
verified, positive controlled substances and alcohol test results for
commercial driver's license (CDL) holders and refusals by such drivers
to submit to testing. This rulemaking would require employers of CDL
holders and service agents to report positive test results and refusals
to test into the Clearinghouse. Prospective employers, acting on an
application for a CDL driver position with the applicant's written
consent to access the Clearinghouse, would query the Clearinghouse to
determine if any specific information about the driver applicant is in
the Clearinghouse before allowing the applicant to be hired and to
drive CMVs. This rulemaking is intended to increase highway safety by
ensuring CDL holders, who have tested positive or have refused to
submit to testing, have completed the U.S. DOT's return-to-duty process
before driving CMVs in interstate or intrastate commerce. It is also
intended to ensure that employers are meeting their drug and alcohol
testing responsibilities. Additionally, provisions in this rulemaking
would also be responsive to requirements of the Moving Ahead for
Progress in the 21st Century (MAP-21) Act to create the Clearinghouse
by 10/01/14.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/20/14 79 FR 9703
NPRM Comment Period End............. 04/21/14 .......................
NPRM Comment Period End............. 04/22/14 .......................
NPRM Comment Period Extended........ 04/22/14 79 FR 22467
Final Rule.......................... 01/00/16 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Juan Moya, Department of Transportation, Federal
Motor Carrier Safety Administration, 1200 New Jersey Ave. SE.,
Washington, DC 20590, Phone: 202 366-4844, Email: juan.moya@dot.gov.
RIN: 2126-AB18
197. +Electronic Logging Devices and Hours of Service Supporting
Documents (MAP-21) (RRR)
Legal Authority: 49 U.S.C. 31502; 31136(a); Pub. L. 103.311; 49
U.S.C. 31137(a)
Abstract: This rulemaking would establish the following: (1)
Minimum performance and design standards for hours-of-service (HOS)
electronic logging devices (ELDs); (2) requirements for the mandatory
use of these devices by drivers currently required to prepare HOS
records of duty status (RODS); (3) requirements concerning HOS
supporting documents; and (4) measures to address concerns about
harassment resulting from the mandatory use of ELDs.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/01/11 76 FR 5537
NPRM Comment Period End............. 02/28/11 .......................
NPRM Comment Period Extended........ 03/10/11 76 FR 13121
[[Page 35074]]
NPRM Comment Period Extended End.... 05/23/11 .......................
SNPRM............................... 03/28/14 79 FR 17656
SNPRM Comment Period End............ 05/27/14 .......................
Final Rule.......................... 09/00/15 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Brian Routhier, Department of Transportation,
Federal Motor Carrier Safety Administration, 1200 New Jersey Ave. SE.,
Washington, DC 20590, Phone: 202 366-1225, Email:
brian.routhier@dot.gov.
RIN: 2126-AB20
198. +Lease and Interchange of Vehicles; Motor Carriers of Passengers
Legal Authority: 49 U.S.C. 31502; 49 U.S.C. 13301; 49 U.S.C. 31136
Abstract: FMCSA adopts regulations governing the lease and
interchange of passenger-carrying commercial motor vehicles (CMVs) to:
(1) Identify the motor carrier operating a passenger-carrying CMV and
responsible for compliance with the Federal Motor Carrier Safety
Regulations (FMCSRs) and all other applicable Federal regulations; (2)
ensure that a lessor surrenders control of the CMV for the full term of
the lease, or temporary exchange of CMVs and drivers; and (3) require
motor carriers subject to a prohibition on operating in interstate
commerce to notify FMCSA in writing before leasing or otherwise
transferring control of their vehicles to other carriers. This action
would ensure that unsafe passenger carriers do not evade FMCSA
oversight and enforcement by operating under the authority of another
carrier that exercises no actual control over those operations. This
action will enable the FMCSA, the National Transportation Safety Board
(NTSB), and our Federal and State partners to identify motor carriers
transporting passengers in interstate commerce and correctly assign
responsibility to these entities for regulatory violations during
inspections, compliance investigations, and crash studies. It also
provides the general public with the means to identify the responsible
motor carrier at the time of transportation. While detailed lease and
interchange regulations for cargo-carrying vehicles have been in effect
since 1950, this final rule for passenger-carrying CMVs is focused
entirely on operational safety.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/20/13 78 FR 57822
NPRM Comment Period End............. 11/19/13 .......................
Final Rule.......................... 09/00/15 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Wesley Barber, Transportation Specialist,
Department of Transportation, Federal Motor Carrier Safety
Administration, 1200 New Jersey Ave. SE., Washington, DC 20590, Phone:
202 385-2428, Email: wesley.barber@dot.gov.
RIN: 2126-AB44
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Motor Carrier Safety Administration (FMCSA)
Long-Term Actions
199. +Entry-Level Driver Training (Section 610 Review)
Legal Authority: 49 U.S.C. 31136
Abstract: The Agency is in the pre-rulemaking stage for this
project. It will move forward with a product that focuses on the MAP-21
mandate and make the best use of the wealth of information provided by
stakeholders since the publication of the 2007 NPRM.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Sean Gallagher, MC-PRR, Department of
Transportation, Federal Motor Carrier Safety Administration, 1200 New
Jersey Ave. SE., Washington, DC 20590, Phone: 202 366-3740, Email:
sean.gallagher@dot.gov.
RIN: 2126-AB66
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Motor Carrier Safety Administration (FMCSA)
Completed Actions
200. +Inspection, Repair, and Maintenance; Driver-Vehicle Inspection
Report (RRR)
Legal Authority: 49 U.S.C. 31502(b)
Abstract: This rulemaking would rescind the requirement that
commercial motor vehicle (CMV) drivers operating in interstate commerce
submit, and motor carriers retain, driver-vehicle inspection reports
when the driver has neither found nor been made aware of any vehicle
defects or deficiencies. Specifically, this rulemaking would remove a
significant information collection burden without adversely impacting
safety. This rulemaking responds in part to the President's January
2012 Regulatory Review and Reform initiative.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/07/13 78 FR 48125
NPRM Comment Period End............. 10/07/13 .......................
Final Rule.......................... 12/18/14 79 FR 75437
Final Rule Effective................ 12/18/14 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Sean Gallagher, MC-PRR, Department of
Transportation, Federal Motor Carrier Safety Administration, 1200 New
Jersey Ave. SE., Washington, DC 20590, Phone: 202 366-3740, Email:
sean.gallagher@dot.gov.
RIN: 2126-AB46
BILLING CODE 4910-EX-P
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Railroad Administration (FRA)
Proposed Rule Stage
201. +Passenger Equipment Safety Standards
Legal Authority: 49 U.S.C. 20103
Abstract: This rulemaking would amend 49 CFR part 238 to update
existing safety standards for passenger rail equipment. Specifically,
the proposed rulemaking would add standards for alternative compliance
with requirements for Tier I passenger equipment, increase the maximum
authorized speed for Tier II passenger equipment, and add requirements
for a new Tier III category of passenger equipment.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/15
------------------------------------------------------------------------
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, Email:
kathryn.shelton@fra.dot.gov.
[[Page 35075]]
RIN: 2130-AC46
202. +Train Crew Staffing and Location
Legal Authority: 28 U.S.C. 2461, note; 49 CFR 1.89; 49 U.S.C.
20103; 49 U.S.C. 20107; 49 U.S.C. 21301 to 21302; 49 U.S.C. 21304
Abstract: This rulemaking would add minimum requirements for the
size of different train crew staffs, depending on the type of
operation. The minimum crew staffing requirements would reflect the
safety risks posed to railroad employees, the general public, and the
environment. This rulemaking also would establish minimum requirements
for the roles and responsibilities of the second train crew member on a
moving train, and promote safe and effective teamwork. Additionally,
this rulemaking would permit a railroad to submit information to FRA
and seek approval if it wants to continue an existing operation with a
one-person train crew or start up an operation with less than two crew
members.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
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NPRM................................ 06/00/15
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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, Email:
kathryn.shelton@fra.dot.gov.
RIN: 2130-AC48
BILLING CODE 4910-06-P
DEPARTMENT OF TRANSPORTATION (DOT)
Pipeline and Hazardous Materials Safety Administration (PHMSA)
Proposed Rule Stage
203. +Pipeline Safety: Safety of Onshore Liquid Hazardous Pipelines
Legal Authority: 49 U.S.C. 60101 et seq.
Abstract: This rulemaking would address effective procedures that
hazardous liquid operators can use to improve the protection of High
Consequence Areas (HCA) and other vulnerable areas along their
hazardous liquid onshore pipelines. PHMSA is considering the following:
whether changes are needed to the regulations covering hazardous liquid
onshore pipelines; whether other areas should be included as HCAs for
integrity management (IM) protections; what the repair timeframes
should be for areas outside the HCAs that are assessed as part of the
IM program; whether leak detection standards are necessary; whether
valve spacing requirements are needed on new construction or existing
pipelines; and if PHMSA should extend regulation to certain pipelines
currently exempt from regulation. The agency also would address the
public safety and environmental aspects of any new requirements, as
well as the cost implications and regulatory burden.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
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ANPRM............................... 10/18/10 75 FR 63774
ANPRM Comment Period End............ 01/18/11
ANPRM Comment Period Extended....... 01/04/11 76 FR 303
ANPRM Extended Comment Period End... 02/18/11
NPRM................................ 08/00/15
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: John A Gale, Transportation Regulations Specialist,
Department of Transportation, Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Ave. SE., Washington, DC 20590, Phone:
202 366-0434, Email: john.gale@dot.gov.
RIN: 2137-AE66
204. Pipeline Safety: Issues Related to the Use of Plastic Pipe in Gas
Pipeline Industry
Legal Authority: 49 U.S.C. 60101 et seq.
Abstract: This rulemaking would address a number of topics related
to the use of plastic pipe in the gas pipeline industry. These topics
include certain newer types of plastic pipe such as PE (polyethylene),
PA11 (polyamide 11), PA12 (polyamide 12), 50-year markings, design
factors, risers, incorporation by reference of certain plastic pipe
related standards, and tracking and traceability.
Timetable:
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Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/15
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Cameron H. Satterthwaite, Transportation
Regulations Specialist, Department of Transportation, Pipeline and
Hazardous Materials Safety Administration, 1200 New Jersey Ave. SE.,
Washington, DC 20590, Phone: 202 366-8553, Email:
cameron.satterthwaite@dot.gov.
RIN: 2137-AE93
205. +Pipeline Safety: Operator Qualification, Cost Recovery, Accident
and Incident Notification, and Other Changes (RRR)
Legal Authority: 49 U.S.C. 60101 et seq.
Abstract: This rulemaking would address miscellaneous issues that
have been raised because of the reauthorization of the pipeline safety
program in 2012, and petitions for rulemaking from many affected
stakeholders. Some of the issues that this rulemaking would address
include renewal process for special permits, cost recovery for design
reviews, and incident reporting.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/00/15
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: John A Gale, Transportation Regulations Specialist,
Department of Transportation, Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Ave. SE., Washington, DC 20590, Phone:
202 366-0434, Email: john.gale@dot.gov.
RIN: 2137-AE94
206. +Pipeline Safety: Amendments to Parts 192 and 195 To Require Valve
Installation and Minimum Rupture Detection Standards
Legal Authority: 49 U.S.C. 60101 et seq.
Abstract: This rule would propose installation of automatic shut-
off valves, remote controlled valves, or equivalent technology and
establish performance-based meaningful metrics for rupture detection
for gas and liquid transmission pipelines. Rupture detection metrics
will be integrated with ASV and RCV placement to improve overall
incident response. Rupture response metrics would focus on mitigating
large, unsafe, uncontrolled release events that have a greater
potential consequence. The areas proposed to be covered include High
Consequence Areas (HCA) for hazardous liquids and HCA, Class 3 and 4,
for natural gas (including ``could affect'' areas).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM............................ 09/00/15
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Regulatory Flexibility Analysis Required: Yes.
[[Page 35076]]
Agency Contact: Lawrence White, Attorney-Advisor, Department of
Transportation, Pipeline and Hazardous Materials Safety Administration,
400 Seventh Street SW., Washington, DC 20590, Phone: 202 366-4400, Fax:
292 366-7041.
RIN: 2137-AF06
DEPARTMENT OF TRANSPORTATION (DOT)
Pipeline and Hazardous Materials Safety Administration (PHMSA)
Final Rule Stage
207. +Hazardous Materials: Enhanced Tank Car Standards and Operational
Controls for High-Hazard Flammable Trains
Legal Authority: 49 U.S.C. 5101 et seq.et seq.
Abstract: This rulemaking would amend operational requirements for
certain trains transporting a large volume of flammable materials,
provide improvements in tank car standards, and revise the general
requirements for offerors to ensure proper classification and
characterization of mined gases and liquids. These new requirements are
designed to lessen the consequences of derailments involving ethanol,
crude oil, and certain trains transporting a large volume of flammable
materials. The growing reliance on trains to transport large volumes of
flammable materials poses a significant risk to life, property, and the
environment. The proposed changes also address National Transportation
Safety Board (NTSB) recommendations on accurate classification,
enhanced tank cars, rail routing, oversight, and adequate response
capabilities.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 09/06/13 78 FR 54849
ANPRM Comment Period End............ 11/05/13
Comment Period Extended............. 11/05/13 78 FR 66326
Comment Period End.................. 12/05/13
NPRM................................ 08/01/14 79 FR 45015
NPRM Comment Period End............. 09/30/14
Final Rule.......................... 05/08/15 80 FR 26643
Final Rule Effective................ 07/07/15
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ben Supko, Transportation Regulations Specialist,
Department of Transportation, Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Av. SE., Washington, DC 20590, Phone:
202 366-8553, Email: ben.supko@dot.gov.
RIN: 2137-AE91
BILLING CODE 4910-60-P
DEPARTMENT OF TRANSPORTATION (DOT)
Maritime Administration (MARAD)
Proposed Rule Stage
208. +Cargo Preference
Legal Authority: 49 CFR 1.66; 46 app U.S.C. 1101; 46 app U.S.C.
1241; 46 U.S.C. 2302 (e)(1); Pub. L. 91-469
Abstract: This rulemaking would revise and clarify the cargo
preference regulations that have not been revised substantially since
1971. The rulemaking would also implement statutory changes, including
section 3511, Public Law 110-417, of The National Defense Authorization
Act for FY 2009, which provides enforcement authority.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM............................ 05/00/15
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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, Email: christine.gurland@dot.gov.
RIN: 2133-AB74
[FR Doc. 2015-14366 Filed 6-17-15; 8:45 am]
BILLING CODE 4910-81-P