Department Regulatory and Deregulatory Agenda; Semiannual Summary, 1898-1923 [2017-28231]
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Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Chs. I–III
23 CFR Chs. I–III
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:
33 CFR Chs. I and IV
Background
46 CFR Chs. I–III
48 CFR Ch. 12
49 CFR Subtitle A, Chs. I–VI, and Chs.
X–XII
[DOT–OST–1999–5129]
Department Regulatory and
Deregulatory Agenda; Semiannual
Summary
Office of the Secretary, DOT.
Unified Agenda of Federal
Regulatory and Deregulatory Actions
(Regulatory Agenda).
AGENCY:
ACTION:
The Regulatory and
Deregulatory 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, Assistant General
Counsel for Regulation, Office of
General Counsel, Department of
Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590;
(202) 366–4723.
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Specific
You should direct all comments and
inquiries on particular items in the
Agenda to the individual listed for the
regulation or the general rulemaking
contact person for the operating
administration in appendix B.
Table of Contents
Supplementary Information:
Background
Significant/Priority Rulemakings
Explanation of Information on the Agenda
Request for Comments
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A primary goal of the Department of
Transportation (Department or DOT) is
to allow the public to understand how
we make decisions, which necessarily
includes being transparent in the way
we measure the risks, costs, and benefits
of engaging in—or deciding not to
engage in—a particular regulatory
action. As such, it is our policy to
provide an opportunity for public
comment on such actions to all
interested stakeholders. Above all,
transparency and meaningful
engagement mandate that regulations
should be straightforward, clear, and
accessible to any interested stakeholder.
The Department also embraces the
notion that there should be no more
regulations than necessary. We
emphasize consideration of nonregulatory solutions and have rigorous
processes in place for continual
reassessment of existing regulations.
These processes provide that regulations
and other agency actions are
periodically reviewed and, if
appropriate, are revised to ensure that
they continue to meet the needs for
which they were originally designed,
and that they remain cost-effective and
cost-justified.
To help the Department achieve its
goals and in accordance with Executive
Order (E.O.) 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 and deregulatory 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.
In addition, this Agenda was prepared
in accordance with three new Executive
orders issued by President Trump,
which directed agencies to further
scrutinize their regulations and other
agency actions. On January 30, 2017,
President Trump signed Executive
Order 13771, Reducing Regulation and
Controlling Regulatory Costs. Under
Section 2(a) of the Executive order,
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unless prohibited by law, whenever an
executive department or agency
publicly proposes for notice and
comment or otherwise promulgates a
new regulation, it must identify at least
two existing regulations to be repealed.
On February 24, 2017, President Trump
signed Executive Order 13777,
Enforcing the Regulatory Reform
Agenda. Under this Executive order,
each agency must establish a Regulatory
Reform Task Force (RRTF) to evaluate
existing regulations, and make
recommendations for their repeal,
replacement, or modification. On March
28, 2017, President Trump signed
Executive Order 13783, Promoting
Energy Independence and Economic
Growth, requiring agencies to review all
existing regulations, orders, guidance
documents, policies, and other similar
agency actions that potentially burden
the development or use of domestically
produced energy resources, with
particular attention to oil, natural gas,
coal, and nuclear energy resources.
In response to the mandate in
Executive Order 13777, the Department
formed an RRTF consisting of senior
career and non-career leaders, which
has already conducted extensive
reviews of existing regulations, and
identified a number of rules to be
repealed, replaced, or modified. While
each regulatory and deregulatory action
is evaluated on its own merits, the RRTF
augments the Department’s
consideration of prospective
rulemakings by conducting monthly
reviews across all OAs to identify
appropriate deregulatory actions. The
RRTF also works to ensure that any new
regulatory action is rigorously vetted
and non-regulatory alternatives are
considered. Further information on the
RRTF can be found online at: https://
www.transportation.gov/regulations/
regulatory-reform-task-force-report.
The Department’s ongoing regulatory
effort is guided by four fundamental
principles—safety, innovation,
investment in infrastructure, and
reducing unnecessary regulatory
burdens. These priorities are grounded
in our national interest in maintaining
U.S. global leadership in safety,
innovation, and economic growth. To
accomplish our regulatory goals, we
must create a regulatory environment
that fosters growth in new and
innovative industries without burdening
them with unnecessary restrictions. At
the same time, safety remains our
highest priority; we must remain
focused on managing safety risks and be
sure that we do not regress from the
successes already achieved. Our
planned regulatory actions reflect a
careful balance that emphasizes the
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Department’s priority in fostering
innovation while at the same time
meeting the challenges of maintaining a
safe, reliable, and sustainable
transportation system.
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.
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Significant Rulemakings
The Agenda covers all rules and
regulations of the Department. Subsets
of these rules have been classified as
significant rules under E.O. 12866 and
will be subject to review by the Office
of Management and Budget (OMB).
Explanation of Information on the
Agenda
An Office of Management and Budget
memorandum, dated August 18, 2017,
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
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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 when a rulemaking
document may publish; (8) whether the
rulemaking will affect small entities
and/or levels of Government and, if so,
which categories; (9) whether a
Regulatory Flexibility Act (RFA)
analysis is required (for rules that would
have a significant economic impact on
a substantial number of small entities);
(10) a listing of any analyses an office
will prepare or has prepared for the
action (with minor exceptions, DOT
requires an economic analysis for all its
rulemakings); (11) an agency contact
office or official who can provide
further information; (12) a Regulation
Identifier Number (RIN) assigned to
identify an individual rulemaking in the
Agenda and facilitate tracing further
action on the issue; (13) whether the
action is subject to the Unfunded
Mandates Reform Act; (14) whether the
action is subject to the Energy Act; and
(15) whether the action is major under
the congressional review provisions of
the Small Business Regulatory
Enforcement Fairness Act.
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 a rulemaking
document may publish. 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.
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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.
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.
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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: November 9, 2017.
Elaine L. Chao,
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.
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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—Lirio Liu, Director, Office of
Rulemaking, 800 Independence Avenue
SW, Washington, DC 20591; telephone
(202) 267–7833.
FHWA—Jennifer Outhouse, Office of
Chief Counsel, 1200 New Jersey Avenue
SE, Washington, DC 20590; telephone
(202) 366–0761.
FMCSA—Steven J. LaFreniere,
Regulatory Ombudsman, 1200 New
Jersey Avenue SE, Washington, DC
20590; telephone (202) 366–0596.
NHTSA—Steve Wood, Office of Chief
Counsel, 1200 New Jersey Avenue SE,
Washington, DC 20590; telephone (202)
366–2992.
FRA—Elliott Gillooly, Office of Chief
Counsel, 1200 New Jersey Avenue SE,
Washington, DC 20590; telephone (202)
493–6047.
FTA—Chaya Koffman, Office of Chief
Counsel, 1200 New Jersey Avenue SE,
Washington, DC 20590; telephone (202)
366–3101.
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SLSDC—Carrie Mann Lavigne, Chief
Counsel, 180 Andrews Street, Massena,
NY 13662; telephone (315) 764–3200.
PHMSA—Stephen Gordon, Office of
Chief Counsel, 1200 New Jersey Avenue
SE, Washington, DC 20590; telephone
(202) 366–1101.
MARAD—Gabriel Chavez, Office of
Chief Counsel, Maritime
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590;
telephone (202) 366–2621.
OST—Jonathan Moss, Assistant
General Counsel for Regulation, 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 E.O. 12866,
‘‘Regulatory Planning and Review,’’ E.O.
13563, ‘‘Improving Regulation and
Regulatory Review,’’ 76 FR 3821
(January 18, 2011), E.O. 13771
‘‘Reducing Regulation and Controlling
Regulatory Costs,’’ E.O. 13777,
‘‘Enforcing the Regulatory Agenda,’’ and
section 610 of the Regulatory Flexibility
Act to conduct such reviews. This
includes the designation of a Regulatory
Reform Officer, the establishment of a
Regulatory Reform Task Force, and the
use of plain language techniques in new
rules and considering its use in existing
rules when we have the opportunity and
resources to revise them. We are
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committed to continuing our reviews of
existing rules and, if it is needed, will
initiate rulemaking actions based on
these reviews. The Department will
begin a new 10-year review cycle with
the Fall 2018 Agenda.
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. Most
agencies provide historical information
about the reviews that have occurred
over the past 10 years. 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. The
exception to this general rule is the
FAA, which provides information about
the reviews it completed for this year
and prospective information about the
reviews it intends to complete in the
next 10 years. Thus, for FAA Year 1
(2017) begins in the fall of 2017 and
ends in the fall of 2018; Year 2 (2018)
begins in the fall of 2018 and ends in
the fall of 2019, and so on. We request
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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.
Year
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Other Reviews
The agency will also examine the
specified rules to determine whether
any other reasons exist for revising or
revoking the rule or for rewriting the
rule in plain language. In each fall
Agenda, the agency will also publish
information on the results of the
examinations completed during the
previous year.
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 reviewed
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
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 ............................................................
Year 10 (2017) List of Rules That Will
Be Analyzed During the Next Year
49 CFR part 30—Denial of Public Works
Contracts to Suppliers of Goods and
Services of Countries That Deny
Procurement Market Access to US
Contractors
49 CFR part 31—Program Fraud Civil
Remedies
49 CFR part 32—Governmentwide
Requirements for Drug-Free
Workplace (Financial Assistance)
49 CFR part 33—Transportation
Priorities and Allocation System
49 CFR part 37—Transportation
Services for Individuals With
Disabilities (ADA)
49 CFR part 38—Americans With
Disabilities Act (ADA) Accessibility
Specifications for Transportation
Vehicles
49 CFR part 39—Transportation for
Individuals With Disabilities:
Passenger Vessels
49 CFR part 41—Seismic Safety
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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 pre-rulemaking section
describing the review in more detail. We
also will seek public comment on how
best to lessen the impact of these rules
and provide a name or docket to which
public comments can be submitted. In
some cases, the section 610 review may
be part of another unrelated review of
the rule. In such a case, we plan to
clearly indicate which parts of the
review are being conducted under
section 610.
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49 CFR part 71—Standard Time Zone
Boundaries
49 CFR part 79—Medals of Honor
49 CFR part 80—Credit Assistance for
Surface Transportation Projects
49 CFR part 89—Implementation of
Federal Claims Collection Act
Year 9 (2016) List of Rules Analyzed
and a Summary of Results
49 CFR part 17—Intergovernmental
Review of Department of
Transportation Programs and
Activities
• Section 610: No SEIOSNOSE. This
rule, which implements a 1982
Executive order, is based on an OMB
model rule. It establishes procedures to
ensure that DOT agency actions are
appropriately coordinated with state
and local governments. It imposes no
burdens on State and local governments
of whatever size, and the coordination
of various policies or projects could
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2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
Review year
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
help to reduce burdens on small units
of government.
• General: There is no current need to
revise this rule. Any future revision
would have to be Governmentwide.
OST’s plain language review of this rule
indicates the part does not need a
substantial revision.
49 CFR part 20—New Restrictions on
Lobbying
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: During its review of part
OST has concluded that this part needs
to update definitions and subsections on
compilation of semi-annual
certifications. OST’s plain language
review of this rule indicates the part
does not need a substantial revision.
49 CFR part 21—Nondiscrimination in
Federally-Assisted Programs of the
Department of Transportation
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Effectuation of Title VI of the Civil
Rights Act 1964
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: During its review of part
OST has concluded that this part needs
to be updated to reflect changes to listed
authorities and to DOT’s structure and
organization. OST’s plain language
review of this rule indicates the part
does not need a substantial revision.
49 CFR part 22—Short-Term Lending
Program (STLP)
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: During its review of part
OST has concluded that further analysis
is needed to determine the applicability
of this part. Once determined, OST may
initiate a rulemaking to remove these
regulations. OST’s plain language
review of this rule indicates the part
does not need a substantial revision.
49 CFR part 23—Participation of
Disadvantaged Business Enterprise in
Airport Concessions
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: During its review of part
OST has concluded that this part needs
to updated to reflect adjustments in
business size standards, personal net
worth ceilings, updates to instructions,
definitions of several terms, good faith
efforts by car rental companies,
inclusion of a section on joint ventures,
accurate listing of firms in UCP
directories, and goal setting
requirements, among other things.
OST’s plain language review indicates
no need for substantial revision.
49 CFR part 24—Uniform Relocation
Assistance and Real Property
Acquisition for Federal and Federally
Assisted Programs
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Updating these regulations
are statutorily required and require
interagency coordination. OST would
initiate a rulemaking to updates these
regulations. OST’s plain language
review of this rule indicates the part
does not need a substantial revision.
49 CFR part 25—Nondiscrimination on
The Basis of Sex In Education
Programs Or Activities Receiving
Federal Financial Assistance
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: During its review of part
OST has concluded that this part needs
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to be updated to reflect changes to
several noted legal authorities and to
DOT’s structure and organization. OST
may initiate a rulemaking in the future
to make these updates. OST’s plain
language review of this rule indicates
the part does not need a substantial
revision.
49 CFR part 26—Participation by
Disadvantaged Business Enterprises
In Department of Transportation
Financial Assistance Programs.
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: During its review of part
OST has concluded that this part needs
to be updated in the following areas:
Errors in regulatory provisions; removal
of provisions that are routinely
misunderstood by UCPs and recipients;
various technical corrections; increased
goal-setting threshold; addressing
design-build agreements; and recipient
failure to meet overall goals. OST may
initiate a rulemaking in the future to
make these updates. OST’s plain
language review of this rule indicates
the part does not need a substantial
revision.
49 CFR part 27—Nondiscrimination on
The Basis of Disability in Programs or
Activities Receiving Federal Financial
Assistance.
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: During its review of part
OST has concluded that this part needs
to be updated to change obsolete
language, reflect changes to several
noted legal authorities, and to reflect
changes to the American With
Disabilities Act (ADA) Amendments
Act, Public Law 110–325 (2008). OST
may initiate a rulemaking in the future
to make these updates. OST’s plain
language review of this rule indicates
the part does not need a substantial
revision.
49 CFR part 28—Enforcement of
Nondiscrimination on The Basis of
Handicap In Programs or Activities
Conducted by The Department of
Transportation.
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: During its review of part
OST has concluded that this part needs
to be updated to change obsolete
language, reflect changes to several
noted legal authorities, and to reflect
changes to the American With
Disabilities Act (ADA) Amendments
Act, Public Law 110–325 (2008). OST
may initiate a rulemaking in the future
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to make these updates. OST’s plain
language review of this rule indicates
the part does not need a substantial
revision.
Year 8 (2015) List of Rules Analyzed
and a Summary of Results
14 CFR part 399—Statements of General
Policy
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the recodification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
49 CFR part 1—Organization and
Delegation of Power and Duties
• Section 610: OST conducted a
review of this part and found no
SEISNOSE.
• General: OST reviewed these
regulations and found that the part
needs to be updated to reflect changes
made in the Fixing America’s Surface
Transportation (FAST) Act, Public Law
114–94 (2015). OST may initiate a
rulemaking in the future to make these
updates. OST’s plain language review of
these rules indicates no need for
substantial revision.
49 CFR part 3—Official Seal
• Section 610: OST conducted a
review of this part and found no
SEISNOSE.
• General: OST has reviewed these
regulations and found that the part
needs to be updated to reduce costs and
ensure the regulations accurately
describe the actual design of the seal.
OST may initiate a rulemaking in the
future to make these updates. OST’s
plain language review of these rules
indicates no need for substantial
revision.
49 CFR part 5—Rulemaking Procedures
• Section 610: OST conducted a
review of this part and found no
SEISNOSE.
• General: OST has reviewed these
regulations and found that the part
needs to be updated to reflect current
Departmental procedures. OST may
initiate a rulemaking for these purposes.
OST’s plain language review of the rule
indicates a potential need for revision.
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49 CFR part 6—Implementation of Equal
Access to Justice Act in Agency
Proceedings
• Section 610: OST conducted a
review of this part and found no
SEISNOSE.
• General: OST has reviewed these
regulations and found that the part
needs to be updated to reflect the
current content of the relevant statute.
OST may initiate a rulemaking for these
purposes. OST’s plain language review
of the rule indicates a potential need for
revision.
49 CFR part 7—Public Availability of
Information
• Section 610: OST conducted a
review of this part and found no
SEISNOSE.
• General: OST has reviewed these
regulations and recently updated this
part to reflect recent statutory changes
to the Freedom of Information Act (82
FR 21139, May 5, 2017). OST’s plain
language review indicates no need for
revision.
49 CFR part 8—Classified Information:
Classification/Declassification/Access
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: OST has reviewed these
regulations and recently updated this
part to reflect organization changes and
updates to the legal authorities and
references (82 FR 40076, July 15, 2016).
OST’s plain language review indicates
no need for further revision at this time.
49 CFR part 9—Testimony of Employees
of the Department and Production of
Records in Legal Proceedings
• Section 610: OST conducted a
review of this part and found no
SEISNOSE.
• General: OST has reviewed these
regulations and found that the part
needs to be updated to reflect
organizational and other changes since
the last publication of the part. OST
may initiate a rulemaking for these
purposes. OST’s plain language review
of the rule indicates a potential need for
revision.
49 CFR part 10—Maintenance of and
Access to Records Pertaining to
Individuals
• Section 610: OST conducted a
review of this part and found no
SEISNOSE.
• General: OST has reviewed these
regulations and found that the part
needs to be updated to reflect
organizational and statutory changes
since the last publication of this rule.
OST has initiated a rulemaking for these
purposes. OST’s plain language review
of this rule indicates a need for revision.
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49 CFR part 11—Protection of Human
Subjects
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: No changes are needed at
this time. OST reviewed these
regulations and participated in a joint
update to the Common Rule, in
coordination with the U.S. Department
of Health and Human Services,
published at 82 FR 7149 (January 19,
2017). These regulations are cost
effective and impose the least burden on
the industries DOT regulates. OST’s
plain language review of these rules
indicates no need for substantial
revision.
49 CFR part 15—Protection of Sensitive
Security Information
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: When this rule was
enacted, it paralleled 49 CFR part 1520,
which creates an analogous Sensitive
Security Information regime
administered by the Transportation
Security Administration (TSA). Since
that time, parts 15 and 1520 have
diverged due to the two agencies not
coordinating amendments to the rules.
OST and TSA are completing a
rulemaking to eliminate inconsistencies
between the two rules. See RIN 2105–
AD59. OST’s plain language review
indicates no need for substantial
revision on that basis.
Year 7 (2014) List of Rules Analyzed
and Summary of Results
14 CFR part 374—Implementation of the
Consumer Credit Protection Act with
Respect to Air Carriers and Foreign
Air Carriers
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: The reviews performed for
the Aviation Clean-up Rule (RIN 2105–
AD86) revealed general updates are
needed. All changes are incorporated
into this rule. OST’s plain language
review indicated no need for substantial
revision on that basis.
14 CFR part 374a—Extension of Credit
by Airlines to Federal Political
Candidates
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: The reviews performed for
the Aviation Clean-up Rule (RIN 2105–
AD86) revealed general updates are
needed. All changes are incorporated
into this rule. OST’s plain language
review indicated no need. All changes
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are incorporated into this rule. OST’s
plain language review indicated no need
for substantial revision on that basis.
14 CFR part 375—Navigation of Foreign
Civil Aircraft within the United States
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
14 CFR part 377—Continuance of
Expired Authorizations by Operation
of Law Pending Final Determination
of Applications for Renewal Thereof
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
14 CFR part 380—Public Charters
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
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14 CFR part 381—Special Event Tours
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: No changes are needed.
This regulation is cost effective and
imposes the least burden. OST’s plain
language review of this rule indicates no
need for substantial revision.
14 CFR part 382—Nondiscrimination on
The Basis Of Disability in Air Travel
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Part 382 implements the
Air Carrier Access Act (49 U.S.C.
41705), which broadly prohibits
discrimination against a qualified
individual with a disability in air
transportation. OST’s review of Part 382
revealed a number of areas that could
benefit from clarification by rulemaking,
including: Deleting compliance dates
that have passed and are no longer
relevant; removal of antiquated conflict
of laws waiver request filing
requirements; clarification of assertion
of defense to enforcement action when
conflict of law waiver request is filed;
clarification of medical certificate
requirements; reordering of certain
sections; clarifying that Subpart G
requires prompt boarding deplaning and
connecting assistance; clarification of
requirements regarding baggage
containing assistive devices; handling of
complaints received via social media;
correction of typos; and certain citation
corrections. OST’s plain language
review indicates no need for substantial
revision on that basis.
14 CFR part 383—Civil Penalties
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: In accordance with the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015, these regulations would be
revised to implement a catch-up
adjustment for inflation and the
promulgation of a direct final rule to
complete the required annual inflation
adjustment to the maximum civil
penalty amounts for violations of certain
aviation economic statutes and the rules
and orders issued pursuant to these
statutes. OST would also make a
technical correction to reflect a listed
statutory authority. OST’s plain
language review of this rule indicates no
need for substantial revision.
14 CFR part 389—Fees and Charges for
Special Services
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
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• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
14 CFR part 398—Guidelines for
Individual Determinations of Basic
Essential Air Service
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
Year 7 (2014) List of Rules With
Ongoing Analysis
14 CFR part 385—Staff Assignments and
Review of Action under Assignments
Year 6 (2013) List of Rules Analyzed
and a Summary of Results
14 CFR part 300—Rules of Conduct in
DOT Proceedings Under This Chapter
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
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14 CFR part 302—Rules of Practice in
Proceedings
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
14 CFR part 303—Review of Air Carrier
Agreements
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
14 CFR part 305—Rules of Practice in
Informal Nonpublic Investigations
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Section 305 should be
updated to reflect current practice
regarding procedures such as retention
of evidence. The update will be made in
a rulemaking addressing other updates
to the rules. See RIN 2105–AD86. OST’s
plain language review indicates no need
for substantial revision on that basis.
14 CFR part 313—Implementation of the
Energy Policy and Conservation Act
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: These regulations would
need to be updated to conform with
existing statute. However further
analysis is needed because the statute
applies only to certain Title 49 actions.
OST’s plain language review indicates
no need for substantial revision on that
basis.
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14 CFR part 323—Terminations,
Suspensions, and Reductions of
Service
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
14 CFR part 325—Essential Air Service
Procedures
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
14 CFR part 330—Procedures For
Compensation of Air Carriers
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Part 330 established
procedures implementing the airline
compensation section of the Air
Transportation Safety and System
Stabilization Act, which was enacted
following the terrorist attacks of
September 11, 2001, Public Law 107–42,
(Sept. 22, 2001) (the Stabilization Act).
Section 103 of the Stabilization Act
appropriated up to $5 billion, to be
administered by the Department of
Transportation, to compensate air
carriers for losses they incurred due to
the attacks. Part 330 set out carrier
eligibility criteria, forms for applying for
the compensation payments, details on
types of losses that would and would
not be eligible for compensation, audit
procedures, and details on a set-aside
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program for certain air taxis, commuter
carriers, and other small carriers. Of the
427 applications processed, 407
applicants were deemed eligible under
part 330. These carriers received
payments in a total amount of $4.6
billion. All eligible appropriations have
been completed and payments have
now been processed and paid, and all
functions and responsibilities under this
section have been fulfilled. As a result,
Part 330 serves no further purpose and
should be removed. See RIN 2105–
AD86. OST’s plain language review
indicates no need for substantial
revision on that basis.
14 CFR part 372—Overseas Military
Personnel Charters
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: OST’s general review of
the regulations indicates that they may
be duplicative of other DOT regulations
governing charters. Therefore, OST will
conduct a rulemaking to evaluate the
necessity of part 372 and to rescind it
if necessary. OST’s plain language
review of these rules indicates no need
for substantial revision on that basis.
Year 5 (Fall 2012) List of Rules
Analyzed and a Summary of Results
14 CFR part 255—Airline Computer
Reservations Systems
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: This provision was
promulgated with a termination date of
July 31, 2004, unless extended. The rule
was not extended; therefore, it is no
longer in effect. These regulations were
removed in a final rule under RIN–
2105–AE11.
14 CFR part 256—Electronic Airline
Information Systems
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: No changes needed. This
regulation is cost effective and imposes
the least burden. OST’s plain language
review of this rule indicates no need for
substantial revision.
14 CFR part 257—Disclosure of CodeSharing Arrangements and Long Term
Wet-Leases
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
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made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
14 CFR part 259—Enhanced Protections
for Airline Passenger
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: This regulation would
need updating to conform with changes
made in the FAA Extension, Safety, and
Security Act of 2016. OST’s plain
language review indicates no need for
substantial revision.
14 CFR part 271—Guidelines for
Subsidizing Air Carriers Providing
Essential Air Transportation
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
14 CFR part 272—Essential Air Service
to the Freely Associated States
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Part 272 established
essential air service procedures for the
Freely Associated States comprising the
Federated States of Micronesia (Ponape,
Truk and Yap), the Marshall Islands
(Majuro and Kwajalein), and Koror in
Palau. The procedures include
requirements for airlines to file notice
before suspending service, an obligation
to continue to provide service when
subsidy is available, and carrierselection criteria. Section 272.12 states,
‘‘These provisions shall terminate on
October 1, 1998, unless the essential air
service program to the Federated States
of Micronesia, the Marshall Islands and
Palau is specifically extended by
Congress.’’ Congress did not extend the
program (Pub. L. 101–219, Sec. 110(b),
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(Dec.12,1989)). Thus, the statutory basis
for the regulation no longer exists and
Part 272 should be removed. See RIN
2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
14 CFR part 291—Cargo Operations in
Interstate Air Transportation
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
14 CFR part 293—International
Passenger Transportation
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE
• General: No changes are needed.
This regulation is cost effective and
imposes the least burden. OST’s plain
language review of this rule indicates no
need for substantial revision.
14 CFR part 294—Canadian Charter Air
Taxi Operators
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
14 CFR part 296—Indirect Air
Transportation of Property
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
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(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
14 CFR part 297—Foreign Air Freight
Forwarders and Foreign Cooperative
Shippers Associations
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
14 CFR part 298—Exemptions for Air
Taxi and Commuter Air Carrier
Operations
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
49 CFR part 40—Procedures for
Transportation Workplace Drug and
Alcohol Testing Programs
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: The OST review of this
regulation indicated a need to
harmonize it with the Department of
Health and Human Services
requirements by adding additional
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drugs requiring testing. OST’s plain
language review indicated no need for
substantial revision on that basis.
Year 5 (Fall 2012) List of Rules With
Ongoing Analysis
14 CFR part 258—Disclosure of Changeof-Gauge Services
14 CFR part 292—International Cargo
Transportation
Year 4 (Fall 2011) List of Rules
Analyzed and a Summary of Results
14 CFR part 234—Airline Service
Quality Performance Reports
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: In December 2016, this
part was reviewed as part of the rule for
Enhancing Airline Passenger Protections
(see RIN 2105–AE11). Also, OST is
proposing a rulemaking action under
RIN 2105–AE68 addressing how carriers
would report cancelled flights that are
satisfied by a partner airline. OST’s
plain language review indicated no need
for substantial revision on that basis.
14 CFR part 235—Reports by Air
Carriers on the Incidents Involving
Animals During Air Transport
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE
• General: No changes are needed.
This regulation is cost effective and
imposes the least burden. OST’s plain
language review of this rule indicates no
need for substantial revision.
14 CFR part 240—Inspection of
Accounts and Property
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: The review revealed that
general updates are needed. All changes
are incorporated into the Aviation
Clean-up Rule. See RIN 2105–AD86.
OST’s plain language review indicates
no need for substantial revision on that
basis.
14 CFR part 241—Uniform System of
Accounts and Reports for Large
Certificated Air Carriers
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: The reviews performed for
the Aviation Clean-up Rule (RIN 2105–
AD86) revealed general updates are
needed and all changes are incorporated
into this rule. OST’s plain language
review indicated no need for substantial
revision on that basis.
14 CFR part 243—Passenger Manifest
Information
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• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
14 CFR part 244—Reporting Tarmac
Delay Data
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: OST’s review revealed that
the language ‘‘a tarmac delay of three
hours or more,’’ in section 244.3(a) is
inaccurate and was the result of a
drafting oversight. The language should
be amended to, ‘‘a tarmac delay of more
than three hours.’’ Also, there was a
field omission regarding the information
airlines must include as part of their
Form 244 report. Subpart 244.3(a)(18)
should be added with the language,
‘‘Total length of tarmac delay over three
hours.’’ . As a result, OST will be
conducting a rulemaking to update the
regulation by modifying language.
OST’s plain language review of these
rules indicates no need for substantial
revision.
14 CFR part 247—Direct Airport-toAirport Mileage Records
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
14 CFR part 248—Submission of Audit
Reports
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
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• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
14 CFR part 249—Preservation of Air
Carrier Records
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
14 CFR part 250—Oversales
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: This part was last revised
in August 2015 to adjust denied
boarding compensation amounts for
inflation (80 FR 30144). OST is
considering revising several sections
(250.5, 250.9, and 250.11) for plain
language. OST is also considering
general revisions to conform with new
rules allowing for electronic payment of
denied boarding compensation, and to
account for the prevalence of eticketing.
14 CFR part 251—Carriage of Musical
Instruments
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: This regulation
implements section 403 of the FAA
Modernization and Reform Act of 2012
regarding the carriage of musical
instruments as carry-on baggage or
checked baggage on commercial
passenger flights operated by air
carriers. The rule text implements the
statute verbatim. There is no further
action necessary.
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14 CFR part 252—Smoking Aboard
Aircraft
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: This part was thoroughly
revised in March 2016 (81 FR 11415).
There is no further action necessary at
this time. The rule is currently being
challenged in the D.C. Circuit (CEI vs.
DOT; #16–1128). Revisions may be
required if the suit is successful. OST’s
plain language review indicates no need
for substantial revision on that basis.
14 CFR part 253—Notice of Terms of
Contract of Carriage
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: This part was last revised,
in part, in April 2011 (76 FR 26163).
OST has decided that additional
editorial updates are needed and to
remove certain outdated language. OST
has determined that Sections 253.1,
253.2, and 253.10 should be revised for
plain language.
14 CFR part 254—Domestic Baggage
Liability
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: This part was last revised
in August 2015 to adjust domestic
baggage liability limits (80 FR 30144).
OST is considering revising several
sections (254.1 and 254.2) for plain
language. No other revisions are
necessary.
14 CFR part 259—Enhancing
Protections for Airline Passengers
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: This part was last revised
in 2009, OST has determined that
changes are needed to make sections
259.3 and 259.4 consistent with 49
U.S.C. 42301. OST has a proposed
rulemaking action under RIN 2105–
AE47 that would make the necessary
updates to this regulation. OST’s plain
language review indicates no need for
substantial revision on that basis.
Year 3 (Fall 2010) List of Rules
Analyzed and a Summary of Results
14 CFR part 213—Terms, Conditions,
and Limitations of Foreign Air Carrier
Permits
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: No changes are needed.
OST plain language review of these
rules indicates no need for substantial
revision.
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14 CFR part 214—Terms, Conditions,
and Limitations of Foreign Air Carrier
Permits Authorizing Charter
Transportation Only
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
14 CFR part 215—Use and Change of
Names of Air Carriers, Foreign Air
Carriers, and Commuter Air Carriers
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
14 CFR part 216—Commingling of Blind
Sector Traffic by Foreign Air Carriers
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
14 CFR part 217—Reporting Traffic
Statistics by Foreign Air Carriers in
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Civilian Scheduled, Charter, and
Nonscheduled Services
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: The reviews performed for
the Aviation Clean-up Rule (RIN 2105–
AD86) revealed general updates are
needed. All changes are incorporated
into this rule. OST’s plain language
review indicated no need for substantial
revision on that basis.
14 CFR part 218—Lease by Foreign Air
Carrier or Other Foreign Person of
Aircraft With Crew
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
14 CFR part 221—Tariffs
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
14 CFR part 222—Intermodal Cargo
Services by Foreign Air Carriers
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
PO 00000
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of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
14 CFR part 223—Free and ReducedRate Transportation
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
14 CFR part 232—Transportation of
Mail, Review of Orders of Postmaster
General
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Part 232 established
procedures for a party aggrieved by an
order of the Postmaster General to
request a review by DOT. In 2008,
amendments to 49 U.S.C. 41902
removed from the statute the authority
for the Secretary of Transportation to
amend, modify, suspend, or cancel an
order of the Postal Service (Pub. L. 110–
405, Jan. 4, 2008). Accordingly, the
statutory basis for part 232 regulations
no longer exists and part 232 should be
removed. See RIN 2105–AD86. OST’s
plain language review indicates no need
for substantial revision on that basis.
Year 2 (Fall 2009) List of Rules With
Ongoing Analysis
48 CFR part 1200—[Reserved]
48 CFR part 1201—Federal Acquisition
Regulations System
48 CFR part 1202—Definitions of Words
and Terms—
48 CFR part 1203—Improper Business
Practices and Personal Conflicts of
Interest
48 CFR part 1204—Administrative
Matters
48 CFR part 1205—Publicizing Contract
Actions
48 CFR part 1206—Competition
Requirements
48 CFR part 1207—Acquisition
Planning
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48 CFR part 1208–1210—[Reserved]
48 CFR part 1211—Describing Agency
Needs
48 CFR part 1212—[Reserved]
48 CFR part 1213—Simplified
Acquisition Procedures
48 CFR part 1214—Sealed Bidding
48 CFR part 1215—Contracting By
Negotiation
48 CFR part 1216—Types of Contracts
48 CFR part 1217—Special Contracting
Methods
48 CFR part 1218—[Reserved]
48 CFR part 1219—Small Business
Programs
48 CFR part 1220—1221—[Reserved]
48 CFR part 1222—Application of Labor
Laws To Government Acquisitions
48 CFR part 1223—Environment, Energy
and Water Efficiency, Renewable
Energy Technologies, Occupational
Safety, and Drug-Free Workplace
48 CFR part 1224—Protection of Privacy
and Freedom of Information
48 CFR part 1225–1226—[Reserved]
48 CFR part 1227—Patents, Data, and
Copyrights
48 CFR part 1228—Bonds and Insurance
48 CFR part 1229–130—[Reserved]
48 CFR part 1231—Contract Cost
Principles and Procedures
48 CFR part 1232—Contract Financing
48 CFR part 1233—Protests, Disputes,
and Appeals
48 CFR part 1234—[Reserved]
48 CFR part 1235—Research and
Development Contracting
48 CFR part 1236—Construction and
Architect-Engineer Contracts
48 CFR part 1237—Service Contracting
48 CFR part 1238—[Reserved]
48 CFR part 1239—Acquisition of
Information Technology
48 CFR part 1240–1241—[Reserved]
48 CFR part 1242—Contract
Administration and Audit Services
48 CFR part 1243–1244—[Reserved]
48 CFR part 1245—Government
Property
48 CFR part 1246—Quality Assurance
48 CFR part 1247—Transportation
48 CFR part 1248–1251—[Reserved]
48 CFR part 1252—Solicitation
Provisions and Contract Clauses
48 CFR part 1253—Forms
48 CFR part 1254–1299—Reserved
49 CFR part 91—International Air
Transportation Fair Competitive
Practices
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: OST is considering a
rulemaking to rescind this rule since
there is already adequate procedure for
referral of violations of the criminal
post-Government employment rules to
the Inspector General or the Department
of Justice. See 5 CFR 2638.502.
49 CFR part 99—Employee
Responsibilities and Conduct
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Recommend rulemaking to
rescind this rule.
14 CFR part 200—Definitions and
Instructions
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the International Air
Transportation Fair Competitive
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
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Practices Act of 1974 was revised and
recodified within Subtitle VII of Title 49
of the United States Code (Pub. L. 103–
272, July 5, 1994). Furthermore, under
the Airline Deregulation Act of 1978,
the authority of the Civil Aeronautics
Board was transferred to the Department
of Transportation. As a result, OST will
seek to conduct a rulemaking to rescind
the rule. OST’s plain language review
indicates no need for substantial
revision on that basis.
49 CFR part 92—Recovering Debts to the
United States by Salary Offset
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Changes are needed to
make the regulations current regarding
certain administrative updates and
removal of outdated language. These
regulations are cost effective and impose
the least burden. OST’s plain language
review of these rules indicates no need
for substantial revision.
49 CFR part 93—Aircraft Allocation
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Upon OST review of this
rule it is recommended that to
regulation is repealed. However, before
moving forward DOT will need to
ascertain if this action would impact
DOD’s implementation of the Civil
Reserve Air fleet Program. OST’s plain
language review of these rules indicates
no need for substantial revision.
49 CFR part 98—Enforcement of
Restrictions on Post-Employment
Activities
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VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
14 CFR part 201—Air Carrier Authority
Under Subtitle VII of Title 49 of the
United States Code [Amended]
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
14 CFR part 203—Waiver of Warsaw
Convention Liability Limits and
Defenses
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
14 CFR part 204—Data to Support
Fitness Determinations
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
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the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
14 CFR part 205—Aircraft Accident
Liability Insurance
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
14 CFR part 206—Certificates of Public
Convenience and Necessity: Special
Authorizations and Exemptions
• Section 610: OST 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. OST’s plain
language review of these rules indicates
no need for substantial revision.
14 CFR part 207—Charter Trips by U.S.
Scheduled Air Carriers
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
sradovich on DSK3GMQ082PROD with PROPOSALS
Year
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
Federal Aviation Administration
Section 610 and Other Reviews
Section 610 Review Plan and Summary
The Federal Aviation Administration
(FAA) has elected to use the two-step,
two-year process used by most
Department of Transportation (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 significant economic impact on a
substantial number of small entities
(SEISNOSE). During the second year
(the ‘‘review year’’), each rule identified
in the analysis year as having a
SEISNOSE 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
1 ........................
2 ........................
3 ........................
4 ........................
5 ........................
6 ........................
7 ........................
8 ........................
9 ........................
10 ......................
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
The Regulatory Flexibility Act of 1980
as amended (RFA), (§§ 601 through 612
of Title 5, United States Code (5 U.S.C.))
19:21 Jan 11, 2018
Analysis year
417 through 460 ................................................................................................
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 ..................................................................................................
Background on the Regulatory
Flexibility Act
VerDate Sep<11>2014
• General: OST’s general review of
the regulations indicates that they may
be duplicative of the regulations of 14
CFR part 212. Therefore, OST will
conduct a rulemaking to evaluate the
necessity of part 207 and to rescind it
if necessary. See RIN 2105–AD86. OST’s
plain language review of these rules
indicates no need for substantial
revision on that basis.
14 CFR part 208—Charter Trips by U.S.
Charter Air Carriers
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: OST’s general review of
the regulations indicates that they may
be duplicative of the regulations of 14
CFR part 212. Therefore, OST will
conduct a rulemaking to evaluate the
necessity of part 208 and to rescind it
if necessary. See RIN 2105–AD86. OST’s
plain language review of these rules
indicates no need for substantial
revision on that basis.
14 CFR part 211—Applications for
Permits to Foreign Air Carriers
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: Since this rule was
enacted, the Federal Aviation Act was
revised and recodified within Subtitle
VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has
made numerous amendments to make
the CFR consistent with the provisions
of the current statute (49 U.S.C., Subtitle
VII). As a result, OST will be conducting
a rulemaking to update the economic
regulations by modifying language to
reflect current statutory provisions. See
RIN 2105–AD86. OST’s plain language
review indicates no need for substantial
revision on that basis.
14 CFR part 212—Charter Rules for U.S.
and Foreign Direct Air Carriers
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requires Federal regulatory agencies to
analyze all proposed and final rules to
determine their economic impact on
small entities, which includes small
businesses, small organizations, and
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2018
2019
2020
2021
2022
2023
2014
2025
2026
Review year
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
small governmental jurisdictions. The
primary purpose of the RFA is to
establish as a principle of regulatory
issuance that Federal agencies endeavor,
consistent with the objectives of the rule
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and applicable statutes, to fit regulatory
and informational requirements to the
scale of entities subject to the
regulation. The FAA performed the
required RFA analyses of each final
rulemaking action and amendment it
has initiated since enactment of the RFA
in 1980.
Section 610 of 5 U.S.C. requires
government agencies to periodically
review all regulations that will have a
SEISNOSE. The FAA must analyze each
rule within 10 years of its publication
date.
Defining SEISNOSE
The RFA does not define ‘‘significant
economic impact.’’ Therefore, there is
no clear rule or number to determine
when a significant economic impact
occurs. However, the Small Business
Administration (SBA) states that
significance should be determined by
considering the size of the business, the
size of the competitor’s business, and
the impact the same regulation has on
larger competitors.
Likewise, the RFA does not define
‘‘substantial number.’’ However, the
legislative history of the RFA suggests
that a substantial number must be at
least one but does not need to be an
overwhelming percentage such as more
than half. The SBA states that the
substantiality of the number of small
businesses affected should be
determined on an industry-specific
basis.
This analysis consisted of the
following three steps:
• Review of the number of small
entities affected by the amendments to
parts 417 through 460.
• Identification and analysis of all
amendments to parts 417 through 460
since 2007 to determine whether any
still have or now have a SEISNOSE.
• Review of the FAA Office of
Aviation Policy, and Plans regulatory
flexibility assessment of each
amendment performed as required by
the RFA.
sradovich on DSK3GMQ082PROD with PROPOSALS
Year 2 (2018) List of Rules To Be
Analyzed the Next Year
14 CFR part 119—Certification: Air
Carriers and Commercial Operators
14 CFR part 120—Drug and Alcohol
Testing Program
14 CFR part 121—Operating
Requirements: Domestic, Flag, and
Supplemental Operations
14 CFR part 125—Certification and
Operations: Airplanes Having a
Seating Capacity of 20 or More
Passengers or a Maximum Payload
Capacity of 6,000 Pounds or More;
and Rules Governing Persons on
Board Such Aircraft
14 CFR part 129—Operations: Foreign
Air Carriers and Foreign Operators of
U.S.-Registered Aircraft Engaged in
Common Carriage
14 CFR part 150—Airport Noise
Compatibility Planning
14 CFR part 151—Federal Aid to
Airports
14 CFR part 152—Airport Aid Program
14 CFR part 153—Airport Operations
14 CFR part 155—Release of Airport
Property from Surplus Property
Disposal Restriction
14 CFR part 156—State Block Grant
Pilot Program
Year 1 (2017) List of Rules Analyzed
and a Summary of Results
14 CFR part 417—Launch Safety
• Section 610: The agency conducted
a Section 610 review of this part and
found Amendment No. 417–5, 81 FR
59439, Aug. 30, 2016. Amendment 91–
314, 75 FR 30193, May 28, 2010;
Amendment 91–314, 75 FR 30193, May
28, 2010; and Amendment 91–330, 79
FR 9972, Feb. 21, 2014 trigger
SEISNOSE within the meaning of the
RFA.
• General: No changes are needed.
The FAA has considered a number of
alternatives in attempts to lower
compliance costs for small entities, but
could not go forward with the lower
cost alternatives without compromising
the safety for the industry. FAA’s plain
language review of these rules indicates
no need for substantial revision.
14 CFR part 420—License to Operate a
Launch Site
• 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 431—Launch and Reentry
of a Reusable Launch Vehicle (RLV)
• Section 610: Section 610: The
agency conducted a Section 610 review
of this part and found there were no
amendments since 2016. Therefore, part
99 does not trigger SEISNOSE.
• General: No changes are needed.
FAA’s plain language review of these
rules indicates no need for substantial
revision.
14 CFR part 433—License to Operate a
Reentry Site
• 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 435—Reentry of a Reentry
Vehicle Other Than a Reusable
Launch Vehicle (RLV)
• Section 610: The agency conducted
a Section 610 review of this part and
found there were no amendments since
2016. Therefore, part 99 does not trigger
SEISNOSE.
• General: No changes are needed.
FAA’s plain language review of these
rules indicates no need for substantial
revision.
14 CFR part 437—Experimental Permits
• 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 440—Financial
Responsibility
• Section 610: Section 610: The
agency conducted a Section 610 review
of this part and found there were no
amendments since 2016. Therefore, part
99 does not trigger SEISNOSE.
• General: No changes are needed.
FAA’s plain language review of these
rules indicates no need for substantial
revision.
14 CFR part 460—Human Space Flight
Requirements
• 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.
Federal Highway Administration
Section 610 and Other Reviews
Year
Regulations to be reviewed
1 ........................
2 ........................
3 ........................
None .........................................................................................................................................
23 CFR parts 1 to 260 ..............................................................................................................
23 CFR parts 420 to 470 ..........................................................................................................
VerDate Sep<11>2014
19:21 Jan 11, 2018
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Analysis year
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2009
2010
Review year
2009
2010
2011
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Year
Regulations to be reviewed
4 ........................
5 ........................
6 ........................
7 ........................
8 ........................
9 ........................
10 ......................
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.
Year 9 (Fall 2016) List of Rules
Analyzed and a Summary of Results
23 CFR part 1200—Uniform Procedures
for State Highway Safety Grant
Programs
• Section 610: No SEIOSNOSE. No
small entities are affected.
Year
sradovich on DSK3GMQ082PROD with PROPOSALS
• 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 1208—National Minimum
Drinking Age
• Section 610: No SEIOSNOSE. No
small entities are affected.
• General: No changes are needed.
These regulations are cost effective and
impose the least burden. FHWA’s plain
language review of these rules indicates
no need for substantial revision.
23 CFR part 1210—Operation of Motor
Vehicles by Intoxicated Minors
• Section 610: No SEIOSNOSE. No
small entities are affected.
• General: No changes are needed.
These regulations are cost effective and
impose the least burden. FHWA’s plain
language review of these rules indicates
no need for substantial revision.
23 CFR part 1215—Use of Safety Belts—
Compliance and Transfer-of-Funds
Procedures
• Section 610: No SEIOSNOSE. No
small entities are affected.
• General: No changes are needed.
These regulations are cost effective and
impose the least burden. FHWA’s plain
language review of these rules indicates
no need for substantial revision.
23 CFR part 1225—Uniform System for
Parking for Persons With Disabilities
49
49
49
49
49
49
49
49
49
49
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
49 CFR part 373—Receipts and Bills
• Section 610: There is no
SEIOSNOSE. FMCSA requires certain
motor carriers and freight forwarders to
19:21 Jan 11, 2018
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2012
2013
2014
2015
2016
2017
2018
Year 10 (Fall 2017) List of Rules That
Will be Analyzed During the Next Year
New Parts and Subparts since 2008 that
have not undergone review
23 CFR part 490—National Performance
Management Measures
23 CFR part 505—Projects of National
and Regional Significance Evaluation
and Rating
23 CFR part 511—Real-Time System
Management Information Program
23 CFR part 650 Subpart E—National
Tunnel Inspection Standards
Federal Motor Carrier Safety
Administration
Section 610 and Other Reviews
Analysis year
issue and retain a receipt or bill of
lading for property tendered for
transportation in interstate or foreign
commerce.
• General: These regulations are cost
effective and impose almost no additive
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2012
2013
2014
2015
2016
2017
• 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.
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 360, 365, 366, 368, 374, 377, and 378 .............................................................
parts 356, 367, 369, 370, 371, 372 (subparts B and C) ............................................
parts 373, 376, and 379 .............................................................................................
part 375 .......................................................................................................................
part 395 .......................................................................................................................
Year 8 (Fall 2014) List of Rules and a
Summary of Results
Review 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 1240—Safety Incentive
Grants for Use of Seat Belts—
Allocations Based on Seat Belt Use
Rates
Regulations to be reviewed
1 ........................
2 ........................
3 ........................
4 ........................
5 ........................
6 ........................
7 ........................
8 ........................
9 ........................
10 ......................
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
financial burden upon the carrier.
Retaining billing information constitutes
a prudent business practice which
would likely be required for tax and
customer service purposes. The rule is
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written in clear and unambiguous
language, and should be retained.
49 CFR part 376—Lease and Interchange
of Vehicles
• Section 610: There is no
SEIOSNOSE. FMCSA requires certain
authorized carriers that transport
equipment (that it does not own) to
retain a lease, and maintain appropriate
equipment records.
• General: These regulations are cost
effective and impose almost no additive
financial burden upon the carrier. The
rule principally defines the conditions
by which certain carriers must retain
leasing documents, insurance, financial
and other related documentation. The
stipulations in the rule are consistent
with prudent business practices in
support of customer service, accident
Year
liability, and financial matters. The rule
takes great pains to ‘‘exempt’’ carriers, is
written in clear and unambiguous
language, and should be retained.
49 CFR part 379—Preservation of
Records
• Section 610: There is no
SEIOSNOSE. The rule requires certain
companies to retain, protect, store, and
as appropriate, dispose of records in
accordance with minimum retention
periods stipulated in appendix A of part
379.
• General: These regulations are cost
effective and impose almost no additive
financial burden upon the carrier.
Retaining financial, contractual,
property/equipment, taxes, shipping
and other supporting business
documents represent a prudent business
49 CFR part 375—Transportation of
household goods in interstate
commerce; consumer protection
regulations
Year 10 (2016) List of Rules That Will
be Analyzed During the Next Year
49 CFR part 395—Hours of Service of
Drivers
National Highway Traffic Safety
Administration
Section 610 and Other Reviews
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
Analysis year
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 9 (Fall 2016) List of Rules With
Ongoing Analysis
49 CFR part 571.219—Windshield Zone
Intrusion
49 CFR part 571.214—Side Impact
Protection
49 CFR part 571.215—[Reserved]
49 CFR part 571.216—Roof Crush
Resistance; Applicable Unless a
Vehicle Is Certified to 571.216a
49 CFR part 571.216a—Roof Crush
Resistance; Upgraded Standard
49 CFR part 571.218—Motorcycle
Helmets
Year 10 (Fall 2017) List of Rules That
Will be Analyzed During the Next Year
Part 591 Importation of Vehicles and
Equipment Subject to Federal Safety,
Bumper and Theft Prevention
Standards
Part 592 Registered Importers of
Vehicles not Originally Manufactured
to Conform to the Federal Motor
Vehicle Safety Standards
Year
49
49
49
49
49
49
49
49
49
49
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
49 CFR part 222—Use of Locomotive
Horns at Public Highway-Rail Grade
Crossings
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2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
Section 610 and Other Reviews
Analysis year
• Section 610: There is no
SEIOSNOSE.
• General: The purpose of this rule is
to provide for safety at public highwayrail grade crossings by requiring
locomotive horn use at public highwayrail grade crossings except in quiet
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2009
2010
2011
2012
2013
2014
2015
2016
2017
Federal Railroad Administration
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, and 240 .....................................................................
Year 9 (Fall 2016) List of Rules
Analyzed and a Summary of Results
Review year
Part 593 Determinations That a Vehicle
not Originally Manufactured to
Conform to the Federal Motor Vehicle
Safety Standards Is Eligible for
Importation
Part 594 Schedule of Fees Authorized
by 49 U.S.C. 30141
Part 595 Make Inoperative Exemptions
Regulations to be reviewed
1 ........................
2 ........................
3 ........................
4 ........................
5 ........................
6 ........................
7 ........................
8 ........................
9 ........................
10 ......................
sradovich on DSK3GMQ082PROD with PROPOSALS
Year 9 (2015) List of Rules With
Ongoing Analysis
Regulations to be reviewed
1 ........................
2 ........................
3 ........................
4 ........................
5 ........................
6 ........................
7 ........................
8 ........................
9 ........................
10 ......................
VerDate Sep<11>2014
practice which the carrier should
already be doing. The rule is written in
clear and unambiguous language and
should be retained.
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
Review year
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
zones established and maintained in
accordance with this rule. FRA’s plain
language review of this rule indicates no
need of substantial revision.
49 CFR part 227—Occupational Noise
Exposure
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• Section 610: There is no
SEIOSNOSE.
• General: The main objective of the
rule is to protect the occupational health
and safety of employees whose
predominant noise exposure occurs in
the locomotive cab. The rule prescribes
minimum Federal health and safety
noise standards for locomotive cab
occupants. This rule does not restrict a
railroad or railroad contractor from
adopting and enforcing additional or
more stringent requirements. FRA’s
plain language review of this rule
indicates no need for substantial
revision.
49 CFR part 235—Instructions
Governing Applications for Approval
of a Discontinuance or Material
Modification of a Signal System or
Relief from the Requirements of Part
236
• Section 610: There is no
SEIOSNOSE.
• General: Since the rule prescribes
instructions regarding applications for
approval of a discontinuance or material
modification of a signal system or relief
from the requirements of Part 236, it
promotes and enhances the safety of
railroad operations. FRA’s plain
language review of this rule indicates no
need for substantial revision.
49 CFR part 236—Rules, Standards and
Instructions Governing the
Installation, Inspection, Maintenance
and Repair of Signal and Train
Control Systems, Devices and
Appliances
• Section 610: There is no
SEIOSNOSE.
• General: Since the rule prescribes
standards and instructions about the
installation, inspection, maintenance
and repair of signal and train control
systems, devices and appliances, and
performance-based safety standards for
PTC systems, it will promote and
enhance the safety of railroad
operations. FRA’s plain language review
sradovich on DSK3GMQ082PROD with PROPOSALS
Year
on certain sections under Part 260 in
administering the RRIF program.
49 CFR part 266—Assistance to States
for Local Rail Service Under Section
5 of the Department of Transportation
Act
• Section 610: There is no
SEIOSNOSE.
• General: The purpose of the rule is
to provide assistance to States for local
rail service which includes: Rail service
continuation assistance; acquisition
assistance; rehabilitation or
improvement assistance; substitute
service assistance; rail facility
construction assistance; planning
assistance; and program operations
assistance.
However, there are special limitations
on planning assistance and program
operations assistance. No appropriations
are currently available for providing the
assistance. FRA is currently evaluating
whether 49 CFR part 266 should be
rescinded because FRA does not
anticipate future funding of the
programs concerned.
Year 10 (Fall 2017) List of Rule(s) That
Will be Analyzed During Next Year
49 CFR part 213—Track Safety
Standards
49 CFR part 220—Railroad
Communications
49 CFR part 230—Steam Locomotive
Inspection and Maintenance
Standards
49 CFR part 232—Brake System Safety
Standards for Freight and Other NonPassenger Trains and Equipment; End
of Train Devices
49 CFR part 239—Passenger Train
Emergency Preparedness
49 CFR part 240—Qualification and
Certification of Locomotive Engineers
Federal Transit Administration
Section 610 and Other Reviews
Regulations to be reviewed
1 ........................
2 ........................
3 ........................
4 ........................
5 ........................
6 ........................
7 ........................
8 ........................
9 ........................
10 ......................
VerDate Sep<11>2014
of this rule indicates no need for
substantial revision.
49 CFR part 250—Guarantee of
Certificates of Trustees of Railroads in
Reorganization
• Section 610: There is no
SEIOSNOSE.
• General: The purpose of this rule is
to describe the requirements regarding
form and content of applications,
required exhibits, fees, execution and
filing of applications and general
instructions to obtain guarantee of
certificates by the Secretary of
Transportation for trustees of railroads
in reorganization under the former
Section 77 of the Bankruptcy Act. FRA’s
plain language review of this rule
indicates no need for substantial
revision.
49 CFR part 260—Regulations
Governing Loans and Loan
Guarantees Under the Railroad
Rehabilitation and Improvement
Financing Program
• Section 610: The Railroad
Rehabilitation and Improvement
Financing Program, which operates
under regulations in 49 CFR part 260
‘‘Regulations Governing Loans and Loan
Guarantees under the Railroad
Rehabilitation and Improvement
Financing Program’’, are now
administered by the Executive Director
of the Build America Bureau. The Build
America Bureau is reviewing the
regulations to determine what updates
are necessary.
• General: The purpose of this rule is
to provide direct loans and loan
guarantees to eligible applicants,
including State and local governments,
government sponsored authorities and
corporations and railroads. FRA is
assessing in, consultation with the Build
America Bureau, how to revise 49 CFR
part 260 to reflect the RRIF program
transfer. FRA is not rescinding the
regulations at this time because the
Build America Bureau necessarily relies
49
49
49
49
49
49
49
49
49
49
CFR
CFR
CFR
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CFR
CFR
CFR
CFR
CFR
CFR
Analysis year
parts 604, 605, and 633 .............................................................................................
parts 661 and 665 .......................................................................................................
part 633 .......................................................................................................................
parts 609 and 611 .......................................................................................................
parts 613 and 614 .......................................................................................................
part 622 .......................................................................................................................
part 630 .......................................................................................................................
part 639 .......................................................................................................................
parts 659 and 663 .......................................................................................................
part 665 .......................................................................................................................
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2010
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2015
2016
2017
Review year
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
1915
Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda
Year 9 (Fall 2016) List of Rules
Analyzed and Summary of Results
49 CFR part 659—Rail Fixed Guideway
Systems; State Safety Oversight
• Section 610: The agency has
determined that the rule continues to
not have a significant effect on a
substantial number of small entities.
Pursuant to the Moving Ahead for
Progress in the 21st Century Act (MAP–
21) (Pub. L. 112–141, July 6, 2012), FTA
has established a comprehensive public
transportation safety program, one
element of which is the State Safety
Oversight (SSO) Program. (See 49 U.S.C.
5329). FTA has issued a revised SSO
Program regulation (49 CFR part 674)
which became effective April 15, 2016;
however, Part 659 will remain in effect
until April 14, 2019 at which time it
will sunset. In the interim, SSO
Agencies will revise their programs to
meet the requirements of Part 674. Prior
to publication of the final rule (81 FR
14229, March 16, 2016), FTA evaluated
the likely effect of the proposals as
required by the Regulatory Flexibility
Act, and determined that this rule will
Year
46
46
46
46
46
46
46
46
46
46
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
sradovich on DSK3GMQ082PROD with PROPOSALS
49 CFR part 663—Pre-Award and PostDelivery Audits of Rolling Stock
Purchases
• Section 610: FTA conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: The rule was promulgated
to assist transit agencies conducting preaward and post-delivery audits of
rolling stock procurements, as required
under 49 U.S.C. 5323(m). The agency
has determined that the rule is costeffective and imposes the least possible
burden on small entities. FTA’s plain
language review of this rule indicates no
need for substantial revision.
Year 10 (Fall 2017)—List of Rule(s) That
Will be Analyzed This Year
49 CFR part 665—Bus Testing
Maritime Administration
Section 610 and Other Reviews
Analysis year
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 ................................................................................................
Year 8 (2015) List of Rules With
Ongoing Analysis
46 CFR part 345—Restrictions upon the
transfer or change in use or in terms
governing utilization of port facilities
46 CFR part 346—Federal port
controllers
46 CFR part 370—Claims
46 CFR part 381—Cargo preference—
U.S.-flag vessels
Year 9 (2016) List of Rules With
Ongoing Analysis
46 CFR part 382—Determination of fair
and reasonable rates for the carriage of
bulk and packaged preference cargoes
on U.S.-flag commercial vessels
Year
46 CFR part 385—Research and
development grant and cooperative
agreements regulations
46 CFR part 386—Regulations governing
public buildings and grounds at the
United States Merchant Marine
Academy
46 CFR part 387—Utilization and
disposal of surplus Federal real
property for development or operation
of a port facility
46 CFR part 388—Administrative
waivers of the Coastwise Trade Laws
46 CFR part 389—Determination of
availability of coast-wise-qualified
vessels for transportation of platform
jackets
49
49
49
49
49
49
CFR
CFR
CFR
CFR
CFR
CFR
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2009
2010
2011
2012
2013
2014
2015
2016
2017
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
46 CFR part 390—Capital Construction
Fund implementing regulations
46 CFR part 391—Federal Income Tax
Aspects of the Capital Construction
Fund
46 CFR part 393—America’s Marine
Highway Program implementing
regulations
Pipeline and Hazardous Materials
Safety Administration (PHMSA)
Section 610 and Other Reviews
Analysis year
part 178 .......................................................................................................................
parts 178 through 180 ................................................................................................
parts 172 and 175 .......................................................................................................
part 171, sections 171.15 and 171.16 ........................................................................
parts 106, 107, 171, 190, and 195 .............................................................................
parts 174, 177, 191, and 192 .....................................................................................
19:21 Jan 11, 2018
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Year 10 (2017) List of Rules That Will
be Analyzed During the Next Year
Regulations to be reviewed
........................
........................
........................
........................
........................
........................
VerDate Sep<11>2014
transportation systems throughout the
state. FTA’s plain language review of
this rule indicates no need for
substantial revision.
Regulations to be reviewed
1 ........................
2 ........................
3 ........................
4 ........................
5 ........................
6 ........................
7 ........................
8 ........................
9 ........................
10 ......................
1
2
3
4
5
6
have no SEISNOSE. Like Part 659, the
parties subject to the rule are those
states that must carry out the oversight
of rail fixed guideway public
transportation systems within their
jurisdictions.
• General: Congress enacted the
Moving Ahead for Progress in the 21st
Century Act (MAP–21) (Pub. L. 112–
141, July 6, 2012). FTA promulgated a
new rule, 49 CFR part 674, to
implement the MAP–21 requirements
which require a state to oversee the
safety and security of rail fixed
guideway systems within its
jurisdiction. Pursuant to MAP–21, Part
659 will be rescinded in April 2019; that
is, three-years following the effective
date of the Part 674. Meanwhile, states
will revise their SSO programs to
conform to the new MAP–21
requirements. Part 674 specifies that a
state must have its new program
standard certified by FTA. In addition,
a state must demonstrate its SSOA’s
financial and legal independence from
the RTAs it oversees and demonstrate
its ability to effectively oversee the
safety of the rail fixed guideway public
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2008
2009
2010
2011
2012
2013
Review year
2009
2010
2011
2012
2013
2014
1916
Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda
Year
Regulations to be reviewed
7 ........................
8 ........................
9 ........................
10 ......................
49
49
49
49
CFR
CFR
CFR
CFR
parts
parts
parts
parts
Analysis year
176 and 199 .......................................................................................................
172 and 178 .......................................................................................................
172, 173, 174, 176, 177, and 193 .....................................................................
173 and 194 .......................................................................................................
Year 9 (Fall 2017) List of Rules
Analyzed and a Summary of Results
49 CFR parts 172, 173, 174, 176, and
177—Hazardous Materials Table,
Special Provisions, Hazardous
Materials Communications,
Emergency Response Information,
Training Requirements, and Security
Plans; Shippers—General
Requirements for Shipments and
Packagings; Carriage by Rail; Carriage
by Vessel; and Carriage by Public
Highway.
• Section 610: There is no
SEIOSNOSE. A substantial number of
small entities may be affected by this
rule, but the economic impact on those
entities is not significant. Plain
Language: PHMSA’s plain language
review of this rule indicates no need for
substantial revision. Where confusing or
wordy language has been identified,
revisions will be proposed in the
upcoming biennial international
harmonization rulemaking.
• General: On March 30, 2017,
PHMSA issued a final rule titled
‘‘Hazardous Materials: Harmonization
with International Standards’’ that
amended the Hazardous Materials
Regulations (HMR) to maintain
consistency with international
regulations and standards by
incorporating various amendments,
including changes to proper shipping
names, hazard classes, packing groups,
special provisions, packaging
authorizations, air transport quantity
limitations, and vessel stowage
requirements (82 FR 15796). These
revisions were necessary to harmonize
the HMR with recent changes made to
the International Maritime Dangerous
Goods (IMDG) Code, the International
Civil Aviation Organization’s Technical
Instructions (ICAO TI) for the Safe
Transport of Dangerous Goods by Air,
and the United Nations (UN)
Recommendations on the Transport of
Dangerous Goods—Model Regulations.
Additionally, PHMSA adopted several
amendments to the HMR that resulted
from coordination with Canada under
the U.S.-Canada Regulatory Cooperation
Council.
This rulemaking action is part of our
ongoing biennial process to harmonize
the HMR with international regulations
and standards. Federal law and policy
strongly favor the harmonization of
domestic and international standards for
hazardous materials transportation. The
Federal hazardous materials
transportation law (Federal hazmat law;
49 U.S.C. 5101 et seq.) directs PHMSA
to participate in relevant international
standard-setting bodies and promotes
consistency of the HMR with
international transport standards to the
extent practicable. Federal hazmat law
permits PHMSA to depart from
international standards where
appropriate, including to promote safety
or other overriding public interests.
However, Federal hazmat law otherwise
encourages domestic and international
harmonization (see 49 U.S.C. 5120).
Harmonization facilitates
international trade by minimizing the
costs and other burdens of complying
with multiple or inconsistent safety
requirements for transportation of
hazardous materials. Safety is enhanced
by creating a uniform framework for
compliance, and as the volume of
hazardous materials transported in
international commerce continues to
grow, harmonization becomes
increasingly important.
49 CFR part 173—Shippers—General
Requirements for Shipments and
Packagings
49 CFR part 194—Response Plans for
Onshore Oil Pipelines
Saint Lawrence Seaway Development
Corporation
Section 610 and Other Reviews
sradovich on DSK3GMQ082PROD with PROPOSALS
1 ........................
33 CFR parts 401 through 403 ................................................................................................
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33 CFR part 402—Tariff of Tolls
33 CFR part 403—Rules of Procedure of
the Joint Tolls Review Board
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2015
2016
2017
2018
Year 10 (fall 2018) List of Rules That
Will be Analyzed During the Next Year
Regulations to be reviewed
33 CFR part 401—Seaway Regulations
and Rules
2014
2015
2016
2017
The impact that it will have on small
entities is not expected to be significant.
The final rule clarified provisions based
on PHMSA’s initiatives and
correspondence with the regulated
community and domestic and
international stakeholders. The changes
are generally intended to provide relief
and, as a result, marginal positive
economic benefits to shippers, carriers,
and packaging manufacturers and
testers, including small entities. These
benefits are not at a level that can be
considered economically significant.
Consequently, this final rule will not
have a significant economic impact on
a substantial number of small entities.
PHMSA’s plain language review of this
rule indicates no need for substantial
revision.
49 CFR part 193—Liquefied Natural Gas
Facilities: Federal Safety Standards
• Section 610: There is no
SEIOSNOSE.
• General: This rule prescribes safety
standards for LNG facilities used in the
transportation of gas by pipeline that is
subject to the pipeline safety laws (49
U.S.C. 60101 et seq.) and Part 192.
PHMSA’s plain language review of this
rule indicates no need for substantial
revision.
Year
Year 1 (Fall 2008) List of Rules With
Ongoing Analysis
Review year
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2017
Review year
2018
Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda
1917
FEDERAL AVIATION ADMINISTRATION—PRERULE STAGE
Regulation
Identifier No.
Sequence No.
Title
293 ....................
+ 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
294 ....................
Drug and Alcohol Testing of Certain Maintenance Provider Employees Located Outside of the United
States.
+ Applying the Flight, Duty, and Rest Requirements to Ferry Flights That Follow Domestic, Flag, or Supplemental All-Cargo Operations (Reauthorization).
+ Pilot Records Database (HR 5900) (Reg Plan Seq No. 71) .......................................................................
+ Aircraft Registration and Airmen Certification Fees ......................................................................................
+ Requirements to File Notice of Construction of Meteorological Evaluation Towers and Other Renewable
Energy Projects (Section 610 Review).
+ Operations of Small Unmanned Aircraft Over People (Reg Plan Seq No. 73) ...........................................
295 ....................
296 ....................
297 ....................
298 ....................
299 ....................
2120–AK09
2120–AK22
2120–AK31
2120–AK37
2120–AK77
2120–AK85
+ DOT-designated significant regulation.
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.
FEDERAL AVIATION ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
300 ....................
301 ....................
+ Airport Safety Management System .............................................................................................................
Updates to Rulemaking and Waiver Procedures and Expansion of the Equivalent Level of Safety Option
(Section 610 Review).
+Registration and Marking Requirements for Small Unmanned Aircraft (Reg Plan Seq No. 76) .................
302 ....................
2120–AJ38
2120–AK76
2120–AK82
+ DOT-designated significant regulation.
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.
FEDERAL AVIATION ADMINISTRATION—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
303 ....................
304 ....................
+ Regulation Of Flight Operations Conducted By Alaska Guide Pilots ...........................................................
+ Helicopter Air Ambulance Pilot Training and Operational Requirements (HAA II) (FAA Reauthorization) ..
2120–AJ78
2120–AK57
+ DOT-designated significant regulation.
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
305 ....................
306 ....................
Motorcoach Lap/Shoulder Seat Belts (Section 610 Review) ..........................................................................
Controlled Substances and Alcohol Testing: State Driver’s Licensing Agency Downgrade of Commercial
Driver’s License (Section 610 Review).
2126–AC08
2126–AC11
sradovich on DSK3GMQ082PROD with PROPOSALS
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
307 ....................
308 ....................
Commercial Learner’s Permit Validity (Section 610 Review) ..........................................................................
Incorporation by Reference; North American Standard Out-of-Service Criteria; Hazardous Materials Safety
Permits (Section 610 Review).
Fees for the Unified Carrier Plan and Agreement (Section 610 Review) .......................................................
309 ....................
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2126–AB98
2126–AC01
2126–AC03
1918
Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
310 ....................
+ Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor Carriers Operating in
the United States.
2126–AA35
+ DOT-designated significant regulation.
FEDERAL RAILROAD ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
311 ....................
+ Train Crew Staffing and Location ..................................................................................................................
2130–AC48
+ DOT-designated significant regulation.
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
312 ....................
Seaway Regulations and Rules: Periodic Update, Various Categories (Rulemaking Resulting From a Section 610 Review).
Tariff of Tolls (Rulemaking Resulting From a Section 610 Review) ...............................................................
313 ....................
2135–AA43
2135–AA44
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
314 ....................
Pipeline Safety: Amendments to Parts 192 and 195 to Require Valve Installation and Minimum Rupture
Detection Standards.
2137–AF06
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
315 ....................
316 ....................
317 ....................
+ Pipeline Safety: Safety of Hazardous Liquid Pipelines (Reg Plan Seq No. 83) ..........................................
Pipeline Safety: Issues Related to the Use of Plastic Pipe in Gas Pipeline Industry (RRR) .........................
+ Hazardous Materials: Oil Spill Response Plans and Information Sharing for High-Hazard Flammable
Trains (Reg Plan Seq No. 85).
2137–AE66
2137–AE93
2137–AF08
+ DOT-designated significant regulation.
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.
DEPARTMENT OF TRANSPORTATION
(DOT)
Federal Aviation Administration (FAA)
Prerule Stage
sradovich on DSK3GMQ082PROD with PROPOSALS
293. +Applying the Flight, Duty, and
Rest Rules of 14 CFR Part 135 to TailEnd Ferry Operations (FAA
Reauthorization)
E.O. 13771 Designation: Regulatory.
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.
VerDate Sep<11>2014
19:21 Jan 11, 2018
Jkt 244001
44938; 49 U.S.C. 45101 to 45105; 49
U.S.C. 46103
Abstract: This rulemaking would
require a flightcrew member employed
by an air carrier conducting operations
under part 135 and 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
04/00/18
Regulatory Flexibility Analysis
Required: Yes.
PO 00000
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Agency Contact: Dale Roberts,
Department of Transportation, Federal
Aviation Administration, 800
Independence Avenue 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
294. Drug and Alcohol Testing of
Certain Maintenance Provider
Employees Located Outside of the
United States
E.O. 13771 Designation: Not subject
to, not significant.
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1919
Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda
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 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 a statutory mandate under
section 308(d) of the FAA
Modernization and Reform Act of 2012
(Pub. L. 112–95).
Timetable:
Action
Date
ANPRM ...............
Comment Period
Extended.
ANPRM Comment
Period End.
Comment Period
End.
NPRM ..................
03/17/14
05/01/14
FR Cite
79 FR 14621
79 FR 24631
05/16/14
07/17/14
01/00/18
sradovich on DSK3GMQ082PROD with PROPOSALS
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Vicky Dunne,
Department of Transportation, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591, Phone: 202 267–8522, Email:
vicky.dunne@faa.gov.
RIN: 2120–AK09
295. +Applying the Flight, Duty, and
Rest Requirements to Ferry Flights That
Follow Domestic, Flag, or Supplemental
All-Cargo Operations (Reauthorization)
E.O. 13771 Designation: Regulatory.
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 as it
will make part 121 flight, duty, and rest
limits applicable to tail-end ferries that
follow an all-cargo flight.
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19:21 Jan 11, 2018
Jkt 244001
Timetable:
Action
Date
NPRM ..................
FR Cite
02/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Dale Roberts,
Department of Transportation, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591, Phone: 202 267–5749, Email:
dale.roberts@faa.gov.
RIN: 2120–AK22
296. +Pilot Records Database (HR 5900)
Regulatory Plan: This entry is Seq.
No. 71 in part II of this issue of the
Federal Register.
RIN: 2120–AK31
297. +Aircraft Registration and Airmen
Certification Fees
E.O. 13771 Designation: Regulatory.
Legal Authority: 31 U.S.C. 9701; 4
U.S.C. 1830; 49 U.S.C. 106(f); 49 U.S.C.
106(g); 49 U.S.C. 106(l)(6); 49 U.S.C.
40104; 49 U.S.C. 40105; 49 U.S.C.
40109; 49 U.S.C. 40113; 49 U.S.C.
40114; 49 U.S.C. 44101 to 44108; 49
U.S.C. 44110 to 44113; 49 U.S.C. 44701
to 44704; 49 U.S.C. 44707; 49 U.S.C.
44709 to 44711; 49 U.S.C. 44713; 49
U.S.C. 45102; 49 U.S.C. 45103; 49 U.S.C.
45301; 49 U.S.C. 45302; 49 U.S.C.
45305; 49 U.S.C. 46104; 49 U.S.C.
46301; Pub. L. 108–297, 118 Stat. 1095
Abstract: This rulemaking would
establish fees for airman certificates,
medical certificates, and provision of
legal opinions pertaining to aircraft
registration or recordation. This
rulemaking also would revise existing
fees for aircraft registration, recording of
security interests in aircraft or aircraft
parts, and replacement of an airman
certificate. This rulemaking addresses
provisions of the FAA Modernization
and Reform Act of 2012. This
rulemaking is intended to recover the
estimated costs of the various services
and activities for which fees would be
established or revised.
Timetable:
Action
Date
NPRM ..................
FR Cite
04/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Isra Raza,
Department of Transportation, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591, Phone: 202 267–8994, Email:
isra.raza@faa.gov.
RIN: 2120–AK37
PO 00000
Frm 00023
Fmt 4701
Sfmt 4702
298. +Requirements To File Notice of
Construction of Meteorological
Evaluation Towers and Other
Renewable Energy Projects (Section 610
Review)
E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 40103
Abstract: This rulemaking would add
specific requirements for proponents
who wish to construct meteorological
evaluation towers at a height of 50 feet
above ground level (AGL) up to 200 feet
AGL to file notice of construction with
the FAA. This rule also requires
sponsors of wind turbines to provide
certain specific data when filing notice
of construction with the FAA. This
rulemaking is a statutory mandate under
section 2110 of the FAA Extension,
Safety, and Security Act of 2016 (Pub.
L. 114–190).
Timetable:
Action
NPRM ..................
Date
FR Cite
08/00/18
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Sheri Edgett–Baron,
Air Traffic Service, Department of
Transportation, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591,
Phone: 202 267–9354.
RIN: 2120–AK77
299. +Operations of Small Unmanned
Aircraft Over People
Regulatory Plan: This entry is Seq.
No. 73 in part II of this issue of the
Federal Register.
RIN: 2120–AK85
DEPARTMENT OF TRANSPORTATION
(DOT)
Federal Aviation Administration (FAA)
Final Rule Stage
300. +Airport Safety Management
System
E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 44706; 49
U.S.C. 106(g); 49 U.S.C. 40113; 49
U.S.C. 44701 to 44706; 49 U.S.C. 44709;
49 U.S.C. 44719
Abstract: This rulemaking would
require certain airport certificate holders
to develop, implement, maintain, and
adhere to a safety management system
(SMS) for its aviation related activities.
An SMS is a formalized approach to
managing safety by developing an
organization-wide safety policy,
developing formal methods of
identifying hazards, analyzing and
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mitigating risk, developing methods for
ensuring continuous safety
improvement, and creating
organization-wide safety promotion
strategies.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period Extended.
NPRM Comment
Period End.
End of Extended
Comment Period.
Second Extension
of Comment
Period.
End of Second
Extended Comment Period.
Second NPRM ....
Second NPRM
Comment Period End.
Final Rule ............
10/07/10
12/10/10
FR Cite
75 FR 62008
75 FR 76928
01/05/11
03/07/11
03/07/11
76 FR 12300
07/05/11
07/14/16
09/12/16
81 FR 45871
sradovich on DSK3GMQ082PROD with PROPOSALS
301. Updates to Rulemaking and
Waiver Procedures and Expansion of
the Equivalent Level of Safety Option
(Section 610 Review)
E.O. 13771 Designation: Deregulatory.
Legal Authority: 51 U.S.C. 50901; 51
U.S.C. 50903; 51 U.S.C. 50904; 51 U.S.C.
50905
Abstract: This rulemaking would
streamline and improve commercial
space transportation’s general
rulemaking and petition procedures by
reflecting current practice; reorganizing
the regulations for clarity and flow; and
allowing petitioners to file their
petitions electronically. This action
would expand the option to satisfy
commercial space transportation
requirements by demonstrating an
equivalent level of safety. These changes
are necessary to ensure the regulations
are current, accurate, and are not
unnecessarily burdensome. The
intended effect of these changes is to
improve the clarity of the regulations
and reduce burden on the industry and
on the FAA.
Timetable:
Date
NPRM ..................
VerDate Sep<11>2014
06/01/16
19:21 Jan 11, 2018
Date
NPRM Comment
Period End.
Final Rule ............
FR Cite
08/01/16
11/00/17
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Shirley McBride,
Department of Transportation, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591, Phone: 202 267–7470, Email:
shirley.mcbride@faa.gov.
RIN: 2120–AK76
302. +Registration and Marking
Requirements for Small Unmanned
Aircraft
Regulatory Plan: This entry is Seq.
No. 76 in part II of this issue of the
Federal Register.
RIN: 2120–AK82
DEPARTMENT OF TRANSPORTATION
(DOT)
04/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Keri Lyons,
Department of Transportation, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591, Phone: 202 267–8972, Email:
keri.lyons@faa.gov.
RIN: 2120–AJ38
Action
Action
FR Cite
81 FR 34919
Jkt 244001
Federal Aviation Administration (FAA)
Long-Term Actions
303. +Regulation of Flight Operations
Conducted by Alaska Guide Pilots
E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 106(g) ; 49
U.S.C. 1153; 49 U.S.C. 1155; 49 U.S.C.
40101 to 40103; 49 U.S.C. 40113; 49
U.S.C. 40120; 49 U.S.C. 44101; 49 U.S.C.
44015 to 44016; 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 to
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.
46103; 49 U.S.C. 46105; 49 U.S.C.
46306; 49 U.S.C. 46315 to 46316; 49
U.S.C. 46504; 49 U.S.C. 46506 to 46507;
49 U.S.C. 47122; 49 U.S.C. 47508; 49
U.S.C. 47528 to 47531; articles 12 and
29 of 61 Statue 1180; Pub. L. 106–181,
sec. 732
Abstract: The rulemaking would
establish regulations concerning Alaska
guide pilot operations. The rulemaking
would implement Congressional
legislation and establish additional
safety requirements for the conduct of
these operations. The intended effect of
this rulemaking is to enhance the level
of safety for persons and property
transported in Alaska guide pilot
operations. In addition, the rulemaking
would add a general provision
applicable to pilots operating under the
general operating and flight rules
concerning falsification, reproduction,
and alteration of applications, logbooks,
reports, or records. This rulemaking is a
statutory mandate under section 732 of
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Fmt 4701
Sfmt 4702
the Wendell H. Ford Aviation
Investment and Reform Act for the 21st
Century, (Pub. L. 106–181).
Timetable: Next Action
Undetermined.
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jeff Smith,
Department of Transportation, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20785, Phone: 202 385–9615, Email:
jeffrey.smith@faa.gov.
RIN: 2120–AJ78
304. +Helicopter Air Ambulance Pilot
Training and Operational
Requirements (HAA II) (FAA
Reauthorization)
E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 106(f); 49
U.S.C. 106(g); 49 U.S.C. 40113; 49
U.S.C. 41706; 49 U.S.C. 44701; 49 U.S.C.
44702; 49 U.S.C. 44705; 49 U.S.C.
44709; 49 U.S.C. 44711 to 44713; 49
U.S.C. 44715 to 44717; 49 U.S.C. 44722;
49 U.S.C. 44730; 49 U.S.C. 45101 to
45105
Abstract: This rulemaking would
develop training requirements for crew
resource management, flight risk
evaluation, and operational control of
the pilot in command, as well as to
develop standards for the use of flight
simulation training devices and lineoriented flight training. Additionally, it
would establish requirements for the
use of safety equipment for flight
crewmembers and flight nurses. These
changes will aide in the increase in
aviation safety and increase
survivability in the event of an accident.
Without these changes, the Helicopter
Air Ambulance industry may continue
to see the unacceptable high rate of
aircraft accidents. This rulemaking is a
statutory mandate under section 306(e)
of the FAA Modernization and Reform
Act of 2012 (Pub. L. 112–95).
Timetable: Next Action
Undetermined.
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Chris Holliday,
Department of Transportation, Federal
Aviation Administration, 801
Pennsylvania Avenue NW, Washington,
DC 20024, Phone: 202 267–4552, Email:
chris.holliday@faa.gov.
RIN: 2120–AK57
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DEPARTMENT OF TRANSPORTATION
(DOT)
Federal Motor Carrier Safety
Administration (FMCSA)
Proposed Rule Stage
305. • Motorcoach Lap/Shoulder Seat
Belts (Section 610 Review)
E.O. 13771 Designation: Regulatory.
Legal Authority: Not Yet Determined
Abstract: The Federal Motor Carrier
Safety Administration proposes to
amend the Federal motor carrier safety
regulations to require all over-the-road
buses manufactured on or after
November 28, 2016, and other buses
with a gross vehicle weight rating
greater than 26,000 pounds and
manufactured during the same
timeframe to be equipped with lap/
shoulder seat belts in accordance with
Federal Motor Vehicle Safety Standard
No. 208 accommodating each passenger
seating position, with certain
exclusions. This rule will be a
companion rule to the final rule
published by the National Highway
Traffic Safety Administration’s final
rule published in November 2013.
Timetable:
Action
Date
NPRM ..................
FR Cite
03/00/18
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Larry W. Minor,
Director, Office of Bus and Truck
Standards and Operations, Department
of Transportation, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590,
Phone: 202 366–4009, Email:
larry.minor@dot.gov.
RIN: 2126–AC08
sradovich on DSK3GMQ082PROD with PROPOSALS
306. • Controlled Substances and
Alcohol Testing: State Driver’s
Licensing Agency Downgrade of
Commercial Driver’s License (Section
610 Review)
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 49 U.S.C. 31136(a);
49 U.S.C. 31305(a)
Abstract: The Commercial Driver’s
License Drug and Alcohol
Clearinghouse (Clearinghouse) final rule
(81 FR 87686 (Dec. 5, 2016), requires
State Driver Licensing Agencies
(SDLAs) to check the Clearinghouse
before issuing, renewing, transferring, or
upgrading a Commercial Driver’s
License (CDL) to determine whether the
driver is qualified to operate a
commercial motor vehicle. FMCSA
proposes to amend the Clearinghouse
VerDate Sep<11>2014
19:21 Jan 11, 2018
Jkt 244001
final rule to require SDLAs to
downgrade the CDL of any driver for
whom a verified positive controlled
substances (drug) test result, an alcohol
confirmation test with a concentration
of .04 or higher, a refusal to submit to
a drug or alcohol test, or an employer’s
actual knowledge of prohibited drug or
alcohol use is reported to the
Clearinghouse. Under this NPRM, the
CDL downgrade, currently defined in 49
CFR 383.5 as the removal of the CDL
privilege from the driver’s license, will
remain in effect until the driver
complies with return to duty
requirements set forth in 49 CFR part
40, subpart O. SDLAs will have
electronic access to relevant information
in the CDL holder’s Clearinghouse
record through the Commercial Driver’s
License Information System (CDLIS),
which will enable them to initiate the
downgrade process and to restore the
CDL privilege to the driver’s license
upon his or her completion of return to
duty requirements. This proposal is
intended to improve highway safety by
establishing a means to enforce the
existing requirement that CDL holders
who test positive or refuse to test, or
engage in other drug and alcohol
program violations, must not perform
safety-sensitive functions, including
driving a commercial motor vehicle in
intrastate or interstate commerce. This
NPRM does not propose any other
changes to the Clearinghouse final rule,
nor does it propose any changes to the
drug and alcohol testing requirements in
part 382 and part 40.
Timetable:
Action
Date
NPRM ..................
FR Cite
09/00/18
Regulatory Flexibility Analysis
Required: Undetermined.
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–AC11
DEPARTMENT OF TRANSPORTATION
(DOT)
Federal Motor Carrier Safety
Administration (FMCSA)
Final Rule Stage
307. Commercial Learner’s Permit
Validity (Section 610 Review)
E.O. 13771 Designation: Deregulatory.
Legal Authority: 49 U.S.C. 31305; 49
U.S.C. 31308
PO 00000
Frm 00025
Fmt 4701
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1921
Abstract: This rulemaking would
amend Commercial Driver’s License
(CDL) regulations to allow a commercial
learner’s permit to be issued for one
year, without renewal, rather than for no
more than 180 days with an additional
180 day renewal. This change would
reduce costs to CDL applicants who are
unable to complete the required training
and testing within the current validity
period, with no expected negative safety
benefits.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
NPRM Comment
Period End.
Final Rule ............
Date
06/12/17
08/11/17
FR Cite
82 FR 26888
08/11/17
03/00/18
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Thomas Yager,
Driver and Carrier Operations Division,
Department of Transportation, Federal
Motor Carrier Safety Administration,
1200 New Jersey Avenue SE,
Washington, DC 20590, Phone: 202 366–
4325, Email: tom.yager@dot.gov.
RIN: 2126–AB98
308. • Incorporation by Reference;
North American Standard Out-ofService Criteria; Hazardous Materials
Safety Permits (Section 610 Review)
E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 5105; 49
U.S.C. 5109
Abstract: This action will update an
existing incorporation by reference (by
the Commercial Vehicle Safety Alliance)
of the North American Standard Out-ofService Criteria and level VI inspection
procedures and out-of-service for
commercial highway vehicles
transporting transuranics and highway
route controlled quantities of
radioactive materials as defined in 49
CFR part 173.403.
Timetable:
Action
Final Rule ............
Date
FR Cite
11/00/17
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Stephanie Dunlap,
Department of Transportation, Federal
Motor Carrier Safety Administration,
1200 New Jersey Avenue SE,
Washington, DC 20590, Phone: 202 366–
3536, Email: stephanie.dunlap@dot.gov.
RIN: 2126–AC01
309. • Fees for the Unified Carrier Plan
and Agreement (Section 610 Review)
E.O. 13771 Designation: Regulatory.
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Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda
Legal Authority: 49 U.S.C. 14504a
Abstract: This rule will reset the
registration fees and a fee bracket
structure for the Unified Carrier
Registration Agreement set to begin in
calendar year 2018. The statute specifies
that the fees are to be determined by the
Federal Motor Carrier Safety
Administration based upon the
recommendation of the Unified Carrier
Registration Board of Directors.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
09/21/17
10/02/17
FR Cite
82 FR 44143
12/00/17
Action
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Frederic Wood,
Attorney, Department of Transportation,
Federal Motor Carrier Safety
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590,
Phone: 202 366–8542, Email:
frederic.wood@dot.gov.
RIN: 2126–AC03
DEPARTMENT OF TRANSPORTATION
(DOT)
Federal Motor Carrier Safety
Administration (FMCSA)
sradovich on DSK3GMQ082PROD with PROPOSALS
Long-Term Actions
310. +Safety Monitoring System and
Compliance Initiative for MexicoDomiciled Motor Carriers Operating in
the United States
E.O. 13771 Designation: Regulatory.
Legal Authority: Pub. L. 107–87, sec.
350; 49 U.S.C. 113; 49 U.S.C. 31136; 49
U.S.C. 31144; 49 U.S.C. 31502; 49 U.S.C.
504; 49 U.S.C. 5113; 49 U.S.C.
521(b)(5)(A)
Abstract: This rule would implement
a safety monitoring system and
compliance initiative designed to
evaluate the continuing safety fitness of
all Mexico-domiciled carriers within 18
months after receiving a provisional
certificate of registration or provisional
authority to operate in the United
States. It also would establish
suspension and revocation procedures
for provisional certificates of
registration and operating authority, and
incorporate criteria to be used by
FMCSA in evaluating whether Mexicodomiciled carriers exercise basic safety
management controls. The interim rule
included requirements that were not
proposed in the NPRM but which are
necessary to comply with the FY–2002
DOT Appropriations Act. On January
VerDate Sep<11>2014
16, 2003, the Ninth Circuit Court of
Appeals remanded this rule, along with
two other NAFTA-related rules, to the
Agency, requiring a full environmental
impact statement and an analysis
required by the Clean Air Act. On June
7, 2004, the Supreme Court reversed the
Ninth Circuit and remanded the case,
holding that FMCSA is not required to
prepare the environmental documents.
FMCSA originally planned to publish a
final rule by November 28, 2003.
FMCSA will determine the next steps to
be taken after the pilot program on the
long haul trucking provisions of NAFTA
is completed.
Timetable:
19:21 Jan 11, 2018
Jkt 244001
Date
NPRM ..................
NPRM Comment
Period End.
Interim Final Rule
Interim Final Rule
Comment Period End.
Interim Final Rule
Effective.
Notice of Intent
To Prepare an
EIS.
EIS Public
Scoping Meetings.
Next Action Undetermined.
FR Cite
05/03/01
07/02/01
67 FR 12758
Action
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
81 FR 13918
08/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Elliott Gillooly,
Department of Transportation, Federal
Railroad Administration, 1200 New
Jersey Avenue SE, Washington, DC
20590, Phone: 202 366–4000, Email:
elliott.gillooly@dot.gov.
RIN: 2130–AC48
DEPARTMENT OF TRANSPORTATION
(DOT)
Final Rule Stage
05/03/02
08/26/03
68 FR 51322
10/08/03
68 FR 58162
DEPARTMENT OF TRANSPORTATION
(DOT)
Federal Railroad Administration (FRA)
Final Rule Stage
312. • Seaway Regulations and Rules:
Periodic Update, Various Categories
(Rulemaking Resulting From a Section
610 Review)
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 33 U.S.C. 981 et seq.
Abstract: The Saint Lawrence Seaway
Development Corporation (SLSDC) and
the St. Lawrence Seaway Management
Corporation (SLSMC) of Canada, under
international agreement, jointly publish
and presently administer the St.
Lawrence Seaway Regulations and
Rules (Practices and Procedures in
Canada) in their respective jurisdictions.
Under agreement with the SLSMC, the
SLSDC is amending the joint regulations
by updating the Seaway regulations and
rules in various categories. These
amendments are necessary to take
account of updated procedures and will
enhance the safety of transits through
the Seaway.
Timetable:
311. +Train Crew Staffing and Location
E.O. 13771 Designation: Regulatory.
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 and 21302; 49
U.S.C. 21304
Abstract: This rule would establish
requirements to appropriately address
known safety risks posed by train
operations that use fewer than two
crewmembers. FRA is considering
options based on public comments on
the proposed rule and other
information.
Frm 00026
03/15/16
05/16/16
FR Cite
Saint Lawrence Seaway Development
Corporation (SLSDC)
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Ms. Dolores Macias,
Acting Division Chief, Department of
Transportation, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590,
Phone: 202 366–2995, Email:
dolores.macias@dot.gov.
RIN: 2126–AA35
PO 00000
Date
66 FR 22415
03/19/02
04/18/02
Timetable:
Fmt 4701
Sfmt 4702
Action
Final Rule ............
Date
FR Cite
02/00/18
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Carrie Lavigne,
Department of Transportation, Saint
Lawrence Seaway Development
Corporation, 1200 New Jersey Avenue
SE, Washington, DC 20590, Phone: 315
764–3231, Email: carrie.mann@dot.gov.
RIN: 2135–AA43
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313. • Tariff of Tolls (Rulemaking
Resulting From a Section 610 Review)
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 33 U.S.C. 981 et seq.
Abstract: The Saint Lawrence Seaway
Development Corporation (SLSDC) and
the St. Lawrence Seaway Management
Corporation (SLSMC) of Canada, under
international agreement, jointly publish
and presently administer the St.
Lawrence Seaway Tariff of Tolls in their
respective jurisdictions. The Tariff sets
forth the level of tolls assessed on all
commodities and vessels transiting the
facilities operated by the SLSDC and the
SLSMC. The SLSDC is revising its
regulations to reflect the fees and
charges levied by the SLSMC in Canada,
starting in the 2018 navigations season.
Timetable:
Action
Date
Final Rule ............
FR Cite
pipelines to improve rupture mitigation
and shorten pipeline segment isolation
times in high consequence and select
non-high consequence areas. The
proposed rule defines certain pipeline
events as ‘‘ruptures’’ and outlines
certain performance standards related to
rupture identification and pipeline
segment isolation. PHMSA also
proposes specific valve maintenance
and inspection requirements, and 9–1–
1 notification requirements to help
operators achieve better rupture
response and mitigation. These
proposals address Congressional
mandates, incorporate
recommendations from the National
Transportation Safety Board, and are
necessary to reduce the serious
consequences of large-volume,
uncontrolled releases of natural gas and
hazardous liquids.
Timetable:
02/00/18
Action
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Carrie Lavigne,
Department of Transportation, Saint
Lawrence Seaway Development
Corporation, 1200 New Jersey Avenue
SE, Washington, DC 20590, Phone: 315
764–3231, Email: carrie.mann@dot.gov.
RIN: 2135–AA44
DEPARTMENT OF TRANSPORTATION
(DOT)
Date
NPRM ..................
FR Cite
Pipeline and Hazardous Materials
Safety Administration (PHMSA)
sradovich on DSK3GMQ082PROD with PROPOSALS
E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 60101 et
seq.
Abstract: PHMSA is proposing to
revise the Pipeline Safety Regulations
applicable to newly constructed or
entirely replaced natural gas
transmission and hazardous liquid
VerDate Sep<11>2014
19:21 Jan 11, 2018
Jkt 244001
E.O. 13771 Designation: Deregulatory.
Legal Authority: 49 U.S.C. 60101 et
seq.
Abstract: PHMSA is amending the
Federal Pipeline Safety Regulations that
govern the use of plastic piping systems
in the transportation of natural and
other gas. These amendments are
necessary to enhance pipeline safety,
adopt innovative technologies and best
practices, and respond to petitions from
stakeholders. The amendments include
an increased design factor for
polyethylene (PE) pipe; stronger
mechanical fitting requirements; new
and updated riser standards; new
accepted uses of Polyamide-11 (PA-11)
thermoplastic pipe; authorization to use
Polyamide-12 (PA-12) thermoplastic
pipe; and new or updated consensus
standards for pipe, fittings, and other
components.
Timetable:
Action
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Robert Jagger,
Technical Writer, Department of
Transportation, Pipeline and Hazardous
Materials Safety Administration, 1200
New Jersey Avenue, Washington, DC
20590, Phone: 202–366–4595, Email:
robert.jagger@dot.gov.
RIN: 2137–AF06
DEPARTMENT OF TRANSPORTATION
(DOT)
314. Pipeline Safety: Amendments to
Parts 192 and 195 To Require Valve
Installation and Minimum Rupture
Detection Standards.
316. Pipeline Safety: Issues Related to
the Use of Plastic Pipe in Gas Pipeline
Industry (RRR)
04/00/18
Pipeline and Hazardous Materials
Safety Administration (PHMSA)
Proposed Rule Stage
Final Rule Stage
315. +Pipeline Safety: Safety of
Hazardous Liquid Pipelines
Regulatory Plan: This entry is Seq.
No. 83 in part II of this issue of the
Federal Register.
RIN: 2137–AE66
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Fmt 4701
Sfmt 9990
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Date
05/21/15
07/31/15
FR Cite
80 FR 29263
08/00/18
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 Avenue SE, Washington, DC
20590, Phone: 202–366–8553, Email:
cameron.satterthwaite@dot.gov.
RIN: 2137–AE93
317. +Hazardous Materials: Oil Spill
Response Plans and Information
Sharing for High-Hazard Flammable
Trains
Regulatory Plan: This entry is Seq.
No. 85 in part II of this issue of the
Federal Register.
RIN: 2137–AF08
[FR Doc. 2017–28231 Filed 1–11–18; 8:45 am]
BILLING CODE P
E:\FR\FM\12JAP13.SGM
12JAP13
]]>Agencies
[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)]
[Unknown Section]
[Pages 1898-1923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28231]
[[Page 1897]]
Vol. 83
Friday,
No. 9
January 12, 2018
Part XIII
Department of Transportation
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Semiannual Regulatory Agenda
Federal Register / Vol. 83 , No. 9 / Friday, January 12, 2018 /
Unified Agenda
[[Page 1898]]
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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
[DOT-OST-1999-5129]
Department Regulatory and Deregulatory Agenda; Semiannual Summary
AGENCY: Office of the Secretary, DOT.
ACTION: Unified Agenda of Federal Regulatory and Deregulatory Actions
(Regulatory Agenda).
-----------------------------------------------------------------------
SUMMARY: The Regulatory and Deregulatory 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, Assistant General Counsel for Regulation,
Office of General Counsel, 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
A primary goal of the Department of Transportation (Department or
DOT) is to allow the public to understand how we make decisions, which
necessarily includes being transparent in the way we measure the risks,
costs, and benefits of engaging in--or deciding not to engage in--a
particular regulatory action. As such, it is our policy to provide an
opportunity for public comment on such actions to all interested
stakeholders. Above all, transparency and meaningful engagement mandate
that regulations should be straightforward, clear, and accessible to
any interested stakeholder. The Department also embraces the notion
that there should be no more regulations than necessary. We emphasize
consideration of non-regulatory solutions and have rigorous processes
in place for continual reassessment of existing regulations. These
processes provide that regulations and other agency actions are
periodically reviewed and, if appropriate, are revised to ensure that
they continue to meet the needs for which they were originally
designed, and that they remain cost-effective and cost-justified.
To help the Department achieve its goals and in accordance with
Executive Order (E.O.) 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 and deregulatory 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.
In addition, this Agenda was prepared in accordance with three new
Executive orders issued by President Trump, which directed agencies to
further scrutinize their regulations and other agency actions. On
January 30, 2017, President Trump signed Executive Order 13771,
Reducing Regulation and Controlling Regulatory Costs. Under Section
2(a) of the Executive order, unless prohibited by law, whenever an
executive department or agency publicly proposes for notice and comment
or otherwise promulgates a new regulation, it must identify at least
two existing regulations to be repealed. On February 24, 2017,
President Trump signed Executive Order 13777, Enforcing the Regulatory
Reform Agenda. Under this Executive order, each agency must establish a
Regulatory Reform Task Force (RRTF) to evaluate existing regulations,
and make recommendations for their repeal, replacement, or
modification. On March 28, 2017, President Trump signed Executive Order
13783, Promoting Energy Independence and Economic Growth, requiring
agencies to review all existing regulations, orders, guidance
documents, policies, and other similar agency actions that potentially
burden the development or use of domestically produced energy
resources, with particular attention to oil, natural gas, coal, and
nuclear energy resources.
In response to the mandate in Executive Order 13777, the Department
formed an RRTF consisting of senior career and non-career leaders,
which has already conducted extensive reviews of existing regulations,
and identified a number of rules to be repealed, replaced, or modified.
While each regulatory and deregulatory action is evaluated on its own
merits, the RRTF augments the Department's consideration of prospective
rulemakings by conducting monthly reviews across all OAs to identify
appropriate deregulatory actions. The RRTF also works to ensure that
any new regulatory action is rigorously vetted and non-regulatory
alternatives are considered. Further information on the RRTF can be
found online at: https://www.transportation.gov/regulations/regulatory-reform-task-force-report.
The Department's ongoing regulatory effort is guided by four
fundamental principles--safety, innovation, investment in
infrastructure, and reducing unnecessary regulatory burdens. These
priorities are grounded in our national interest in maintaining U.S.
global leadership in safety, innovation, and economic growth. To
accomplish our regulatory goals, we must create a regulatory
environment that fosters growth in new and innovative industries
without burdening them with unnecessary restrictions. At the same time,
safety remains our highest priority; we must remain focused on managing
safety risks and be sure that we do not regress from the successes
already achieved. Our planned regulatory actions reflect a careful
balance that emphasizes the
[[Page 1899]]
Department's priority in fostering innovation while at the same time
meeting the challenges of maintaining a safe, reliable, and sustainable
transportation system.
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.
Subsets of these rules have been classified as significant rules under
E.O. 12866 and will be subject to review by the Office of Management
and Budget (OMB).
Explanation of Information on the Agenda
An Office of Management and Budget memorandum, dated August 18,
2017, 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 when a rulemaking document may publish; (8)
whether the rulemaking will affect small entities and/or levels of
Government and, if so, which categories; (9) whether a Regulatory
Flexibility Act (RFA) analysis is required (for rules that would have a
significant economic impact on a substantial number of small entities);
(10) a listing of any analyses an office will prepare or has prepared
for the action (with minor exceptions, DOT requires an economic
analysis for all its rulemakings); (11) an agency contact office or
official who can provide further information; (12) a Regulation
Identifier Number (RIN) assigned to identify an individual rulemaking
in the Agenda and facilitate tracing further action on the issue; (13)
whether the action is subject to the Unfunded Mandates Reform Act; (14)
whether the action is subject to the Energy Act; and (15) whether the
action is major under the congressional review provisions of the Small
Business Regulatory Enforcement Fairness Act.
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 a rulemaking
document may publish. 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.
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.
[[Page 1900]]
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: November 9, 2017.
Elaine L. Chao,
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.
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--Lirio Liu, Director, Office of Rulemaking, 800 Independence
Avenue SW, Washington, DC 20591; telephone (202) 267-7833.
FHWA--Jennifer Outhouse, Office of Chief Counsel, 1200 New Jersey
Avenue SE, Washington, DC 20590; telephone (202) 366-0761.
FMCSA--Steven J. LaFreniere, Regulatory Ombudsman, 1200 New Jersey
Avenue SE, Washington, DC 20590; telephone (202) 366-0596.
NHTSA--Steve Wood, Office of Chief Counsel, 1200 New Jersey Avenue
SE, Washington, DC 20590; telephone (202) 366-2992.
FRA--Elliott Gillooly, Office of Chief Counsel, 1200 New Jersey
Avenue SE, Washington, DC 20590; telephone (202) 493-6047.
FTA--Chaya Koffman, Office of Chief Counsel, 1200 New Jersey Avenue
SE, Washington, DC 20590; telephone (202) 366-3101.
SLSDC--Carrie Mann Lavigne, Chief Counsel, 180 Andrews Street,
Massena, NY 13662; telephone (315) 764-3200.
PHMSA--Stephen Gordon, Office of Chief Counsel, 1200 New Jersey
Avenue SE, Washington, DC 20590; telephone (202) 366-1101.
MARAD--Gabriel Chavez, Office of Chief Counsel, Maritime
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590;
telephone (202) 366-2621.
OST--Jonathan Moss, Assistant General Counsel for Regulation, 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
E.O. 12866, ``Regulatory Planning and Review,'' E.O. 13563, ``Improving
Regulation and Regulatory Review,'' 76 FR 3821 (January 18, 2011), E.O.
13771 ``Reducing Regulation and Controlling Regulatory Costs,'' E.O.
13777, ``Enforcing the Regulatory Agenda,'' and section 610 of the
Regulatory Flexibility Act to conduct such reviews. This includes the
designation of a Regulatory Reform Officer, the establishment of a
Regulatory Reform Task Force, and the use of plain language techniques
in new rules and considering its use in existing rules when we have the
opportunity and resources to revise them. We are committed to
continuing our reviews of existing rules and, if it is needed, will
initiate rulemaking actions based on these reviews. The Department will
begin a new 10-year review cycle with the Fall 2018 Agenda.
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. Most agencies provide historical information
about the reviews that have occurred over the past 10 years. 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. The exception to this general rule is the FAA, which provides
information about the reviews it completed for this year and
prospective information about the reviews it intends to complete in the
next 10 years. Thus, for FAA Year 1 (2017) begins in the fall of 2017
and ends in the fall of 2018; Year 2 (2018) begins in the fall of 2018
and ends in the fall of 2019, and so on. We request
[[Page 1901]]
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 pre-rulemaking section describing the
review in more detail. We also will seek public comment on how best to
lessen the impact of these rules and provide a name or docket to which
public comments can be submitted. In some cases, the section 610 review
may be part of another unrelated review of the rule. In such a case, we
plan to clearly indicate which parts of the review are being conducted
under section 610.
Other Reviews
The agency will also examine the specified rules to determine
whether any other reasons exist for revising or revoking the rule or
for rewriting the rule in plain language. In each fall Agenda, the
agency will also publish information on the results of the examinations
completed during the previous year.
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
Year be 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 2009 2010
1201 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 10 (2017) List of Rules That Will Be Analyzed During the Next Year
49 CFR part 30--Denial of Public Works Contracts to Suppliers of Goods
and Services of Countries That Deny Procurement Market Access to US
Contractors
49 CFR part 31--Program Fraud Civil Remedies
49 CFR part 32--Governmentwide Requirements for Drug-Free Workplace
(Financial Assistance)
49 CFR part 33--Transportation Priorities and Allocation System
49 CFR part 37--Transportation Services for Individuals With
Disabilities (ADA)
49 CFR part 38--Americans With Disabilities Act (ADA) Accessibility
Specifications for Transportation Vehicles
49 CFR part 39--Transportation for Individuals With Disabilities:
Passenger Vessels
49 CFR part 41--Seismic Safety
49 CFR part 71--Standard Time Zone Boundaries
49 CFR part 79--Medals of Honor
49 CFR part 80--Credit Assistance for Surface Transportation Projects
49 CFR part 89--Implementation of Federal Claims Collection Act
Year 9 (2016) List of Rules Analyzed and a Summary of Results
49 CFR part 17--Intergovernmental Review of Department of
Transportation Programs and Activities
Section 610: No SEIOSNOSE. This rule, which implements a
1982 Executive order, is based on an OMB model rule. It establishes
procedures to ensure that DOT agency actions are appropriately
coordinated with state and local governments. It imposes no burdens on
State and local governments of whatever size, and the coordination of
various policies or projects could help to reduce burdens on small
units of government.
General: There is no current need to revise this rule. Any
future revision would have to be Governmentwide. OST's plain language
review of this rule indicates the part does not need a substantial
revision.
49 CFR part 20--New Restrictions on Lobbying
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: During its review of part OST has concluded that
this part needs to update definitions and subsections on compilation of
semi-annual certifications. OST's plain language review of this rule
indicates the part does not need a substantial revision.
49 CFR part 21--Nondiscrimination in Federally-Assisted Programs of the
Department of Transportation
[[Page 1902]]
Effectuation of Title VI of the Civil Rights Act 1964
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: During its review of part OST has concluded that
this part needs to be updated to reflect changes to listed authorities
and to DOT's structure and organization. OST's plain language review of
this rule indicates the part does not need a substantial revision.
49 CFR part 22--Short-Term Lending Program (STLP)
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: During its review of part OST has concluded that
further analysis is needed to determine the applicability of this part.
Once determined, OST may initiate a rulemaking to remove these
regulations. OST's plain language review of this rule indicates the
part does not need a substantial revision.
49 CFR part 23--Participation of Disadvantaged Business Enterprise in
Airport Concessions
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: During its review of part OST has concluded that
this part needs to updated to reflect adjustments in business size
standards, personal net worth ceilings, updates to instructions,
definitions of several terms, good faith efforts by car rental
companies, inclusion of a section on joint ventures, accurate listing
of firms in UCP directories, and goal setting requirements, among other
things. OST's plain language review indicates no need for substantial
revision.
49 CFR part 24--Uniform Relocation Assistance and Real Property
Acquisition for Federal and Federally Assisted Programs
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Updating these regulations are statutorily
required and require interagency coordination. OST would initiate a
rulemaking to updates these regulations. OST's plain language review of
this rule indicates the part does not need a substantial revision.
49 CFR part 25--Nondiscrimination on The Basis of Sex In Education
Programs Or Activities Receiving Federal Financial Assistance
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: During its review of part OST has concluded that
this part needs to be updated to reflect changes to several noted legal
authorities and to DOT's structure and organization. OST may initiate a
rulemaking in the future to make these updates. OST's plain language
review of this rule indicates the part does not need a substantial
revision.
49 CFR part 26--Participation by Disadvantaged Business Enterprises In
Department of Transportation Financial Assistance Programs.
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: During its review of part OST has concluded that
this part needs to be updated in the following areas: Errors in
regulatory provisions; removal of provisions that are routinely
misunderstood by UCPs and recipients; various technical corrections;
increased goal-setting threshold; addressing design-build agreements;
and recipient failure to meet overall goals. OST may initiate a
rulemaking in the future to make these updates. OST's plain language
review of this rule indicates the part does not need a substantial
revision.
49 CFR part 27--Nondiscrimination on The Basis of Disability in
Programs or Activities Receiving Federal Financial Assistance.
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: During its review of part OST has concluded that
this part needs to be updated to change obsolete language, reflect
changes to several noted legal authorities, and to reflect changes to
the American With Disabilities Act (ADA) Amendments Act, Public Law
110-325 (2008). OST may initiate a rulemaking in the future to make
these updates. OST's plain language review of this rule indicates the
part does not need a substantial revision.
49 CFR part 28--Enforcement of Nondiscrimination on The Basis of
Handicap In Programs or Activities Conducted by The Department of
Transportation.
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: During its review of part OST has concluded that
this part needs to be updated to change obsolete language, reflect
changes to several noted legal authorities, and to reflect changes to
the American With Disabilities Act (ADA) Amendments Act, Public Law
110-325 (2008). OST may initiate a rulemaking in the future to make
these updates. OST's plain language review of this rule indicates the
part does not need a substantial revision.
Year 8 (2015) List of Rules Analyzed and a Summary of Results
14 CFR part 399--Statements of General Policy
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
recodification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
49 CFR part 1--Organization and Delegation of Power and Duties
Section 610: OST conducted a review of this part and found
no SEISNOSE.
General: OST reviewed these regulations and found that the
part needs to be updated to reflect changes made in the Fixing
America's Surface Transportation (FAST) Act, Public Law 114-94 (2015).
OST may initiate a rulemaking in the future to make these updates.
OST's plain language review of these rules indicates no need for
substantial revision.
49 CFR part 3--Official Seal
Section 610: OST conducted a review of this part and found
no SEISNOSE.
General: OST has reviewed these regulations and found that
the part needs to be updated to reduce costs and ensure the regulations
accurately describe the actual design of the seal. OST may initiate a
rulemaking in the future to make these updates. OST's plain language
review of these rules indicates no need for substantial revision.
49 CFR part 5--Rulemaking Procedures
Section 610: OST conducted a review of this part and found
no SEISNOSE.
General: OST has reviewed these regulations and found that
the part needs to be updated to reflect current Departmental
procedures. OST may initiate a rulemaking for these purposes. OST's
plain language review of the rule indicates a potential need for
revision.
[[Page 1903]]
49 CFR part 6--Implementation of Equal Access to Justice Act in Agency
Proceedings
Section 610: OST conducted a review of this part and found
no SEISNOSE.
General: OST has reviewed these regulations and found that
the part needs to be updated to reflect the current content of the
relevant statute. OST may initiate a rulemaking for these purposes.
OST's plain language review of the rule indicates a potential need for
revision.
49 CFR part 7--Public Availability of Information
Section 610: OST conducted a review of this part and found
no SEISNOSE.
General: OST has reviewed these regulations and recently
updated this part to reflect recent statutory changes to the Freedom of
Information Act (82 FR 21139, May 5, 2017). OST's plain language review
indicates no need for revision.
49 CFR part 8--Classified Information: Classification/Declassification/
Access
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: OST has reviewed these regulations and recently
updated this part to reflect organization changes and updates to the
legal authorities and references (82 FR 40076, July 15, 2016). OST's
plain language review indicates no need for further revision at this
time.
49 CFR part 9--Testimony of Employees of the Department and Production
of Records in Legal Proceedings
Section 610: OST conducted a review of this part and found
no SEISNOSE.
General: OST has reviewed these regulations and found that
the part needs to be updated to reflect organizational and other
changes since the last publication of the part. OST may initiate a
rulemaking for these purposes. OST's plain language review of the rule
indicates a potential need for revision.
49 CFR part 10--Maintenance of and Access to Records Pertaining to
Individuals
Section 610: OST conducted a review of this part and found
no SEISNOSE.
General: OST has reviewed these regulations and found that
the part needs to be updated to reflect organizational and statutory
changes since the last publication of this rule. OST has initiated a
rulemaking for these purposes. OST's plain language review of this rule
indicates a need for revision.
49 CFR part 11--Protection of Human Subjects
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: No changes are needed at this time. OST reviewed
these regulations and participated in a joint update to the Common
Rule, in coordination with the U.S. Department of Health and Human
Services, published at 82 FR 7149 (January 19, 2017). These regulations
are cost effective and impose the least burden on the industries DOT
regulates. OST's plain language review of these rules indicates no need
for substantial revision.
49 CFR part 15--Protection of Sensitive Security Information
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: When this rule was enacted, it paralleled 49 CFR
part 1520, which creates an analogous Sensitive Security Information
regime administered by the Transportation Security Administration
(TSA). Since that time, parts 15 and 1520 have diverged due to the two
agencies not coordinating amendments to the rules. OST and TSA are
completing a rulemaking to eliminate inconsistencies between the two
rules. See RIN 2105-AD59. OST's plain language review indicates no need
for substantial revision on that basis.
Year 7 (2014) List of Rules Analyzed and Summary of Results
14 CFR part 374--Implementation of the Consumer Credit Protection Act
with Respect to Air Carriers and Foreign Air Carriers
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: The reviews performed for the Aviation Clean-up
Rule (RIN 2105-AD86) revealed general updates are needed. All changes
are incorporated into this rule. OST's plain language review indicated
no need for substantial revision on that basis.
14 CFR part 374a--Extension of Credit by Airlines to Federal Political
Candidates
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: The reviews performed for the Aviation Clean-up
Rule (RIN 2105-AD86) revealed general updates are needed. All changes
are incorporated into this rule. OST's plain language review indicated
no need. All changes are incorporated into this rule. OST's plain
language review indicated no need for substantial revision on that
basis.
14 CFR part 375--Navigation of Foreign Civil Aircraft within the United
States
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 377--Continuance of Expired Authorizations by Operation of
Law Pending Final Determination of Applications for Renewal Thereof
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 380--Public Charters
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
[[Page 1904]]
14 CFR part 381--Special Event Tours
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: No changes are needed. This regulation is cost
effective and imposes the least burden. OST's plain language review of
this rule indicates no need for substantial revision.
14 CFR part 382--Nondiscrimination on The Basis Of Disability in Air
Travel
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Part 382 implements the Air Carrier Access Act
(49 U.S.C. 41705), which broadly prohibits discrimination against a
qualified individual with a disability in air transportation. OST's
review of Part 382 revealed a number of areas that could benefit from
clarification by rulemaking, including: Deleting compliance dates that
have passed and are no longer relevant; removal of antiquated conflict
of laws waiver request filing requirements; clarification of assertion
of defense to enforcement action when conflict of law waiver request is
filed; clarification of medical certificate requirements; reordering of
certain sections; clarifying that Subpart G requires prompt boarding
deplaning and connecting assistance; clarification of requirements
regarding baggage containing assistive devices; handling of complaints
received via social media; correction of typos; and certain citation
corrections. OST's plain language review indicates no need for
substantial revision on that basis.
14 CFR part 383--Civil Penalties
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: In accordance with the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015, these regulations
would be revised to implement a catch-up adjustment for inflation and
the promulgation of a direct final rule to complete the required annual
inflation adjustment to the maximum civil penalty amounts for
violations of certain aviation economic statutes and the rules and
orders issued pursuant to these statutes. OST would also make a
technical correction to reflect a listed statutory authority. OST's
plain language review of this rule indicates no need for substantial
revision.
14 CFR part 389--Fees and Charges for Special Services
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 398--Guidelines for Individual Determinations of Basic
Essential Air Service
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
Year 7 (2014) List of Rules With Ongoing Analysis
14 CFR part 385--Staff Assignments and Review of Action under
Assignments
Year 6 (2013) List of Rules Analyzed and a Summary of Results
14 CFR part 300--Rules of Conduct in DOT Proceedings Under This Chapter
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 302--Rules of Practice in Proceedings
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 303--Review of Air Carrier Agreements
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 305--Rules of Practice in Informal Nonpublic Investigations
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Section 305 should be updated to reflect current
practice regarding procedures such as retention of evidence. The update
will be made in a rulemaking addressing other updates to the rules. See
RIN 2105-AD86. OST's plain language review indicates no need for
substantial revision on that basis.
14 CFR part 313--Implementation of the Energy Policy and Conservation
Act
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: These regulations would need to be updated to
conform with existing statute. However further analysis is needed
because the statute applies only to certain Title 49 actions. OST's
plain language review indicates no need for substantial revision on
that basis.
[[Page 1905]]
14 CFR part 323--Terminations, Suspensions, and Reductions of Service
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 325--Essential Air Service Procedures
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 330--Procedures For Compensation of Air Carriers
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Part 330 established procedures implementing the
airline compensation section of the Air Transportation Safety and
System Stabilization Act, which was enacted following the terrorist
attacks of September 11, 2001, Public Law 107-42, (Sept. 22, 2001) (the
Stabilization Act). Section 103 of the Stabilization Act appropriated
up to $5 billion, to be administered by the Department of
Transportation, to compensate air carriers for losses they incurred due
to the attacks. Part 330 set out carrier eligibility criteria, forms
for applying for the compensation payments, details on types of losses
that would and would not be eligible for compensation, audit
procedures, and details on a set-aside program for certain air taxis,
commuter carriers, and other small carriers. Of the 427 applications
processed, 407 applicants were deemed eligible under part 330. These
carriers received payments in a total amount of $4.6 billion. All
eligible appropriations have been completed and payments have now been
processed and paid, and all functions and responsibilities under this
section have been fulfilled. As a result, Part 330 serves no further
purpose and should be removed. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 372--Overseas Military Personnel Charters
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: OST's general review of the regulations indicates
that they may be duplicative of other DOT regulations governing
charters. Therefore, OST will conduct a rulemaking to evaluate the
necessity of part 372 and to rescind it if necessary. OST's plain
language review of these rules indicates no need for substantial
revision on that basis.
Year 5 (Fall 2012) List of Rules Analyzed and a Summary of Results
14 CFR part 255--Airline Computer Reservations Systems
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: This provision was promulgated with a termination
date of July 31, 2004, unless extended. The rule was not extended;
therefore, it is no longer in effect. These regulations were removed in
a final rule under RIN-2105-AE11.
14 CFR part 256--Electronic Airline Information Systems
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: No changes needed. This regulation is cost
effective and imposes the least burden. OST's plain language review of
this rule indicates no need for substantial revision.
14 CFR part 257--Disclosure of Code-Sharing Arrangements and Long Term
Wet-Leases
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 259--Enhanced Protections for Airline Passenger
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: This regulation would need updating to conform
with changes made in the FAA Extension, Safety, and Security Act of
2016. OST's plain language review indicates no need for substantial
revision.
14 CFR part 271--Guidelines for Subsidizing Air Carriers Providing
Essential Air Transportation
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 272--Essential Air Service to the Freely Associated States
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Part 272 established essential air service
procedures for the Freely Associated States comprising the Federated
States of Micronesia (Ponape, Truk and Yap), the Marshall Islands
(Majuro and Kwajalein), and Koror in Palau. The procedures include
requirements for airlines to file notice before suspending service, an
obligation to continue to provide service when subsidy is available,
and carrier-selection criteria. Section 272.12 states, ``These
provisions shall terminate on October 1, 1998, unless the essential air
service program to the Federated States of Micronesia, the Marshall
Islands and Palau is specifically extended by Congress.'' Congress did
not extend the program (Pub. L. 101-219, Sec. 110(b),
[[Page 1906]]
(Dec.12,1989)). Thus, the statutory basis for the regulation no longer
exists and Part 272 should be removed. See RIN 2105-AD86. OST's plain
language review indicates no need for substantial revision on that
basis.
14 CFR part 291--Cargo Operations in Interstate Air Transportation
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 293--International Passenger Transportation
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE
General: No changes are needed. This regulation is cost
effective and imposes the least burden. OST's plain language review of
this rule indicates no need for substantial revision.
14 CFR part 294--Canadian Charter Air Taxi Operators
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 296--Indirect Air Transportation of Property
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 297--Foreign Air Freight Forwarders and Foreign Cooperative
Shippers Associations
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 298--Exemptions for Air Taxi and Commuter Air Carrier
Operations
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
49 CFR part 40--Procedures for Transportation Workplace Drug and
Alcohol Testing Programs
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: The OST review of this regulation indicated a
need to harmonize it with the Department of Health and Human Services
requirements by adding additional drugs requiring testing. OST's plain
language review indicated no need for substantial revision on that
basis.
Year 5 (Fall 2012) List of Rules With Ongoing Analysis
14 CFR part 258--Disclosure of Change-of-Gauge Services
14 CFR part 292--International Cargo Transportation
Year 4 (Fall 2011) List of Rules Analyzed and a Summary of Results
14 CFR part 234--Airline Service Quality Performance Reports
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: In December 2016, this part was reviewed as part
of the rule for Enhancing Airline Passenger Protections (see RIN 2105-
AE11). Also, OST is proposing a rulemaking action under RIN 2105-AE68
addressing how carriers would report cancelled flights that are
satisfied by a partner airline. OST's plain language review indicated
no need for substantial revision on that basis.
14 CFR part 235--Reports by Air Carriers on the Incidents Involving
Animals During Air Transport
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE
General: No changes are needed. This regulation is cost
effective and imposes the least burden. OST's plain language review of
this rule indicates no need for substantial revision.
14 CFR part 240--Inspection of Accounts and Property
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: The review revealed that general updates are
needed. All changes are incorporated into the Aviation Clean-up Rule.
See RIN 2105-AD86. OST's plain language review indicates no need for
substantial revision on that basis.
14 CFR part 241--Uniform System of Accounts and Reports for Large
Certificated Air Carriers
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: The reviews performed for the Aviation Clean-up
Rule (RIN 2105-AD86) revealed general updates are needed and all
changes are incorporated into this rule. OST's plain language review
indicated no need for substantial revision on that basis.
14 CFR part 243--Passenger Manifest Information
[[Page 1907]]
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 244--Reporting Tarmac Delay Data
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: OST's review revealed that the language ``a
tarmac delay of three hours or more,'' in section 244.3(a) is
inaccurate and was the result of a drafting oversight. The language
should be amended to, ``a tarmac delay of more than three hours.''
Also, there was a field omission regarding the information airlines
must include as part of their Form 244 report. Subpart 244.3(a)(18)
should be added with the language, ``Total length of tarmac delay over
three hours.'' . As a result, OST will be conducting a rulemaking to
update the regulation by modifying language. OST's plain language
review of these rules indicates no need for substantial revision.
14 CFR part 247--Direct Airport-to-Airport Mileage Records
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 248--Submission of Audit Reports
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 249--Preservation of Air Carrier Records
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 250--Oversales
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: This part was last revised in August 2015 to
adjust denied boarding compensation amounts for inflation (80 FR
30144). OST is considering revising several sections (250.5, 250.9, and
250.11) for plain language. OST is also considering general revisions
to conform with new rules allowing for electronic payment of denied
boarding compensation, and to account for the prevalence of e-
ticketing.
14 CFR part 251--Carriage of Musical Instruments
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: This regulation implements section 403 of the FAA
Modernization and Reform Act of 2012 regarding the carriage of musical
instruments as carry-on baggage or checked baggage on commercial
passenger flights operated by air carriers. The rule text implements
the statute verbatim. There is no further action necessary.
14 CFR part 252--Smoking Aboard Aircraft
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: This part was thoroughly revised in March 2016
(81 FR 11415). There is no further action necessary at this time. The
rule is currently being challenged in the D.C. Circuit (CEI vs. DOT;
#16-1128). Revisions may be required if the suit is successful. OST's
plain language review indicates no need for substantial revision on
that basis.
14 CFR part 253--Notice of Terms of Contract of Carriage
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: This part was last revised, in part, in April
2011 (76 FR 26163). OST has decided that additional editorial updates
are needed and to remove certain outdated language. OST has determined
that Sections 253.1, 253.2, and 253.10 should be revised for plain
language.
14 CFR part 254--Domestic Baggage Liability
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: This part was last revised in August 2015 to
adjust domestic baggage liability limits (80 FR 30144). OST is
considering revising several sections (254.1 and 254.2) for plain
language. No other revisions are necessary.
14 CFR part 259--Enhancing Protections for Airline Passengers
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: This part was last revised in 2009, OST has
determined that changes are needed to make sections 259.3 and 259.4
consistent with 49 U.S.C. 42301. OST has a proposed rulemaking action
under RIN 2105-AE47 that would make the necessary updates to this
regulation. OST's plain language review indicates no need for
substantial revision on that basis.
Year 3 (Fall 2010) List of Rules Analyzed and a Summary of Results
14 CFR part 213--Terms, Conditions, and Limitations of Foreign Air
Carrier Permits
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: No changes are needed. OST plain language review
of these rules indicates no need for substantial revision.
[[Page 1908]]
14 CFR part 214--Terms, Conditions, and Limitations of Foreign Air
Carrier Permits Authorizing Charter Transportation Only
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 215--Use and Change of Names of Air Carriers, Foreign Air
Carriers, and Commuter Air Carriers
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 216--Commingling of Blind Sector Traffic by Foreign Air
Carriers
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 217--Reporting Traffic Statistics by Foreign Air Carriers
in Civilian Scheduled, Charter, and Nonscheduled Services
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: The reviews performed for the Aviation Clean-up
Rule (RIN 2105-AD86) revealed general updates are needed. All changes
are incorporated into this rule. OST's plain language review indicated
no need for substantial revision on that basis.
14 CFR part 218--Lease by Foreign Air Carrier or Other Foreign Person
of Aircraft With Crew
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 221--Tariffs
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 222--Intermodal Cargo Services by Foreign Air Carriers
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 223--Free and Reduced-Rate Transportation
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 232--Transportation of Mail, Review of Orders of Postmaster
General
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Part 232 established procedures for a party
aggrieved by an order of the Postmaster General to request a review by
DOT. In 2008, amendments to 49 U.S.C. 41902 removed from the statute
the authority for the Secretary of Transportation to amend, modify,
suspend, or cancel an order of the Postal Service (Pub. L. 110-405,
Jan. 4, 2008). Accordingly, the statutory basis for part 232
regulations no longer exists and part 232 should be removed. See RIN
2105-AD86. OST's plain language review indicates no need for
substantial revision on that basis.
Year 2 (Fall 2009) List of Rules With Ongoing Analysis
48 CFR part 1200--[Reserved]
48 CFR part 1201--Federal Acquisition Regulations System
48 CFR part 1202--Definitions of Words and Terms--
48 CFR part 1203--Improper Business Practices and Personal Conflicts of
Interest
48 CFR part 1204--Administrative Matters
48 CFR part 1205--Publicizing Contract Actions
48 CFR part 1206--Competition Requirements
48 CFR part 1207--Acquisition Planning
[[Page 1909]]
48 CFR part 1208-1210--[Reserved]
48 CFR part 1211--Describing Agency Needs
48 CFR part 1212--[Reserved]
48 CFR part 1213--Simplified Acquisition Procedures
48 CFR part 1214--Sealed Bidding
48 CFR part 1215--Contracting By Negotiation
48 CFR part 1216--Types of Contracts
48 CFR part 1217--Special Contracting Methods
48 CFR part 1218--[Reserved]
48 CFR part 1219--Small Business Programs
48 CFR part 1220--1221--[Reserved]
48 CFR part 1222--Application of Labor Laws To Government Acquisitions
48 CFR part 1223--Environment, Energy and Water Efficiency, Renewable
Energy Technologies, Occupational Safety, and Drug-Free Workplace
48 CFR part 1224--Protection of Privacy and Freedom of Information
48 CFR part 1225-1226--[Reserved]
48 CFR part 1227--Patents, Data, and Copyrights
48 CFR part 1228--Bonds and Insurance
48 CFR part 1229-130--[Reserved]
48 CFR part 1231--Contract Cost Principles and Procedures
48 CFR part 1232--Contract Financing
48 CFR part 1233--Protests, Disputes, and Appeals
48 CFR part 1234--[Reserved]
48 CFR part 1235--Research and Development Contracting
48 CFR part 1236--Construction and Architect-Engineer Contracts
48 CFR part 1237--Service Contracting
48 CFR part 1238--[Reserved]
48 CFR part 1239--Acquisition of Information Technology
48 CFR part 1240-1241--[Reserved]
48 CFR part 1242--Contract Administration and Audit Services
48 CFR part 1243-1244--[Reserved]
48 CFR part 1245--Government Property
48 CFR part 1246--Quality Assurance
48 CFR part 1247--Transportation
48 CFR part 1248-1251--[Reserved]
48 CFR part 1252--Solicitation Provisions and Contract Clauses
48 CFR part 1253--Forms
48 CFR part 1254-1299--Reserved
Year 1 (Fall 2008) List of Rules Analyzed and a Summary of Results
49 CFR part 91--International Air Transportation Fair Competitive
Practices
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the International
Air Transportation Fair Competitive Practices Act of 1974 was revised
and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Furthermore, under the Airline
Deregulation Act of 1978, the authority of the Civil Aeronautics Board
was transferred to the Department of Transportation. As a result, OST
will seek to conduct a rulemaking to rescind the rule. OST's plain
language review indicates no need for substantial revision on that
basis.
49 CFR part 92--Recovering Debts to the United States by Salary Offset
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Changes are needed to make the regulations
current regarding certain administrative updates and removal of
outdated language. These regulations are cost effective and impose the
least burden. OST's plain language review of these rules indicates no
need for substantial revision.
49 CFR part 93--Aircraft Allocation
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Upon OST review of this rule it is recommended
that to regulation is repealed. However, before moving forward DOT will
need to ascertain if this action would impact DOD's implementation of
the Civil Reserve Air fleet Program. OST's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 98--Enforcement of Restrictions on Post-Employment
Activities
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: OST is considering a rulemaking to rescind this
rule since there is already adequate procedure for referral of
violations of the criminal post-Government employment rules to the
Inspector General or the Department of Justice. See 5 CFR 2638.502.
49 CFR part 99--Employee Responsibilities and Conduct
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Recommend rulemaking to rescind this rule.
14 CFR part 200--Definitions and Instructions
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 201--Air Carrier Authority Under Subtitle VII of Title 49
of the United States Code [Amended]
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 203--Waiver of Warsaw Convention Liability Limits and
Defenses
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 204--Data to Support Fitness Determinations
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since
[[Page 1910]]
the codification, the Department has made numerous amendments to make
the CFR consistent with the provisions of the current statute (49
U.S.C., Subtitle VII). As a result, OST will be conducting a rulemaking
to update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 205--Aircraft Accident Liability Insurance
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 206--Certificates of Public Convenience and Necessity:
Special Authorizations and Exemptions
Section 610: OST 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. OST's plain language review of
these rules indicates no need for substantial revision.
14 CFR part 207--Charter Trips by U.S. Scheduled Air Carriers
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: OST's general review of the regulations indicates
that they may be duplicative of the regulations of 14 CFR part 212.
Therefore, OST will conduct a rulemaking to evaluate the necessity of
part 207 and to rescind it if necessary. See RIN 2105-AD86. OST's plain
language review of these rules indicates no need for substantial
revision on that basis.
14 CFR part 208--Charter Trips by U.S. Charter Air Carriers
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: OST's general review of the regulations indicates
that they may be duplicative of the regulations of 14 CFR part 212.
Therefore, OST will conduct a rulemaking to evaluate the necessity of
part 208 and to rescind it if necessary. See RIN 2105-AD86. OST's plain
language review of these rules indicates no need for substantial
revision on that basis.
14 CFR part 211--Applications for Permits to Foreign Air Carriers
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 212--Charter Rules for U.S. and Foreign Direct Air Carriers
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
Federal Aviation Administration
Section 610 and Other Reviews
Section 610 Review Plan and Summary
The Federal Aviation Administration (FAA) has elected to use the
two-step, two-year process used by most Department of Transportation
(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 significant economic impact on a substantial number of
small entities (SEISNOSE). During the second year (the ``review
year''), each rule identified in the analysis year as having a SEISNOSE
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
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 14 CFR parts 417 2017 2018
through 460.
2..................... 14 CFR parts 119 2018 2019
through 129 and
parts 150
through 156.
3..................... 14 CFR parts 133 2019 2020
through 139 and
parts 157
through 169.
4..................... 14 CFR parts 141 2020 2021
through 147 and
parts 170
through 187.
5..................... 14 CFR parts 189 2021 2022
through 198 and
parts 1 through
16.
6..................... 14 CFR parts 17 2022 2023
through 33.
7..................... 14 CFR parts 34 2023 2024
through 39 and
parts 400
through 405.
8..................... 14 CFR parts 43 2014 2025
through 49 and
parts 406
through 415.
9..................... 14 CFR parts 60 2025 2026
through 77.
10.................... 14 CFR parts 91 2026 2027
through 105.
------------------------------------------------------------------------
Background on the Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 as amended (RFA),
(Sec. Sec. 601 through 612 of Title 5, United States Code (5 U.S.C.))
requires Federal regulatory agencies to analyze all proposed and final
rules to determine their economic impact on small entities, which
includes small businesses, small organizations, and small governmental
jurisdictions. The primary purpose of the RFA is to establish as a
principle of regulatory issuance that Federal agencies endeavor,
consistent with the objectives of the rule
[[Page 1911]]
and applicable statutes, to fit regulatory and informational
requirements to the scale of entities subject to the regulation. The
FAA performed the required RFA analyses of each final rulemaking action
and amendment it has initiated since enactment of the RFA in 1980.
Section 610 of 5 U.S.C. requires government agencies to
periodically review all regulations that will have a SEISNOSE. The FAA
must analyze each rule within 10 years of its publication date.
Defining SEISNOSE
The RFA does not define ``significant economic impact.'' Therefore,
there is no clear rule or number to determine when a significant
economic impact occurs. However, the Small Business Administration
(SBA) states that significance should be determined by considering the
size of the business, the size of the competitor's business, and the
impact the same regulation has on larger competitors.
Likewise, the RFA does not define ``substantial number.'' However,
the legislative history of the RFA suggests that a substantial number
must be at least one but does not need to be an overwhelming percentage
such as more than half. The SBA states that the substantiality of the
number of small businesses affected should be determined on an
industry-specific basis.
This analysis consisted of the following three steps:
Review of the number of small entities affected by the
amendments to parts 417 through 460.
Identification and analysis of all amendments to parts 417
through 460 since 2007 to determine whether any still have or now have
a SEISNOSE.
Review of the FAA Office of Aviation Policy, and Plans
regulatory flexibility assessment of each amendment performed as
required by the RFA.
Year 2 (2018) List of Rules To Be Analyzed the Next Year
14 CFR part 119--Certification: Air Carriers and Commercial Operators
14 CFR part 120--Drug and Alcohol Testing Program
14 CFR part 121--Operating Requirements: Domestic, Flag, and
Supplemental Operations
14 CFR part 125--Certification and Operations: Airplanes Having a
Seating Capacity of 20 or More Passengers or a Maximum Payload Capacity
of 6,000 Pounds or More; and Rules Governing Persons on Board Such
Aircraft
14 CFR part 129--Operations: Foreign Air Carriers and Foreign Operators
of U.S.-Registered Aircraft Engaged in Common Carriage
14 CFR part 150--Airport Noise Compatibility Planning
14 CFR part 151--Federal Aid to Airports
14 CFR part 152--Airport Aid Program
14 CFR part 153--Airport Operations
14 CFR part 155--Release of Airport Property from Surplus Property
Disposal Restriction
14 CFR part 156--State Block Grant Pilot Program
Year 1 (2017) List of Rules Analyzed and a Summary of Results
14 CFR part 417--Launch Safety
Section 610: The agency conducted a Section 610 review of
this part and found Amendment No. 417-5, 81 FR 59439, Aug. 30, 2016.
Amendment 91-314, 75 FR 30193, May 28, 2010; Amendment 91-314, 75 FR
30193, May 28, 2010; and Amendment 91-330, 79 FR 9972, Feb. 21, 2014
trigger SEISNOSE within the meaning of the RFA.
General: No changes are needed. The FAA has considered a
number of alternatives in attempts to lower compliance costs for small
entities, but could not go forward with the lower cost alternatives
without compromising the safety for the industry. FAA's plain language
review of these rules indicates no need for substantial revision.
14 CFR part 420--License to Operate a Launch Site
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 431--Launch and Reentry of a Reusable Launch Vehicle (RLV)
Section 610: Section 610: The agency conducted a Section
610 review of this part and found there were no amendments since 2016.
Therefore, part 99 does not trigger SEISNOSE.
General: No changes are needed. FAA's plain language
review of these rules indicates no need for substantial revision.
14 CFR part 433--License to Operate a Reentry Site
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 435--Reentry of a Reentry Vehicle Other Than a Reusable
Launch Vehicle (RLV)
Section 610: The agency conducted a Section 610 review of
this part and found there were no amendments since 2016. Therefore,
part 99 does not trigger SEISNOSE.
General: No changes are needed. FAA's plain language
review of these rules indicates no need for substantial revision.
14 CFR part 437--Experimental Permits
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 440--Financial Responsibility
Section 610: Section 610: The agency conducted a Section
610 review of this part and found there were no amendments since 2016.
Therefore, part 99 does not trigger SEISNOSE.
General: No changes are needed. FAA's plain language
review of these rules indicates no need for substantial revision.
14 CFR part 460--Human Space Flight Requirements
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.
Federal Highway Administration
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... None............ 2008 2009
2..................... 23 CFR parts 1 2009 2010
to 260.
3..................... 23 CFR parts 420 2010 2011
to 470.
[[Page 1912]]
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 2016 2017
1200 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 9 (Fall 2016) List of Rules Analyzed and a Summary of Results
23 CFR part 1200--Uniform Procedures for State Highway Safety Grant
Programs
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FHWA's plain language review of
these rules indicates no need for substantial revision.
23 CFR part 1208--National Minimum Drinking Age
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FHWA's plain language review of
these rules indicates no need for substantial revision.
23 CFR part 1210--Operation of Motor Vehicles by Intoxicated Minors
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FHWA's plain language review of
these rules indicates no need for substantial revision.
23 CFR part 1215--Use of Safety Belts--Compliance and Transfer-of-Funds
Procedures
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FHWA's plain language review of
these rules indicates no need for substantial revision.
23 CFR part 1225--Uniform System for Parking for Persons With
Disabilities
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FHWA's plain language review of
these rules indicates no need for substantial revision.
23 CFR part 1240--Safety Incentive Grants for Use of Seat Belts--
Allocations Based on Seat Belt Use Rates
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FHWA's plain language review of
these rules indicates no need for substantial revision.
Year 10 (Fall 2017) List of Rules That Will be Analyzed During the Next
Year
New Parts and Subparts since 2008 that have not undergone review
23 CFR part 490--National Performance Management Measures
23 CFR part 505--Projects of National and Regional Significance
Evaluation and Rating
23 CFR part 511--Real-Time System Management Information Program
23 CFR part 650 Subpart E--National Tunnel Inspection Standards
Federal Motor Carrier Safety Administration
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to
Year be 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 2013 2014
360, 365, 366,
368, 374, 377,
and 378.
7..................... 49 CFR parts 2014 2015
356, 367, 369,
370, 371, 372
(subparts B and
C).
8..................... 49 CFR parts 2015 2016
373, 376, and
379.
9..................... 49 CFR part 375. 2016 2017
10.................... 49 CFR part 395. 2017 2018
------------------------------------------------------------------------
Year 8 (Fall 2014) List of Rules and a Summary of Results
49 CFR part 373--Receipts and Bills
Section 610: There is no SEIOSNOSE. FMCSA requires certain
motor carriers and freight forwarders to issue and retain a receipt or
bill of lading for property tendered for transportation in interstate
or foreign commerce.
General: These regulations are cost effective and impose
almost no additive financial burden upon the carrier. Retaining billing
information constitutes a prudent business practice which would likely
be required for tax and customer service purposes. The rule is
[[Page 1913]]
written in clear and unambiguous language, and should be retained.
49 CFR part 376--Lease and Interchange of Vehicles
Section 610: There is no SEIOSNOSE. FMCSA requires certain
authorized carriers that transport equipment (that it does not own) to
retain a lease, and maintain appropriate equipment records.
General: These regulations are cost effective and impose
almost no additive financial burden upon the carrier. The rule
principally defines the conditions by which certain carriers must
retain leasing documents, insurance, financial and other related
documentation. The stipulations in the rule are consistent with prudent
business practices in support of customer service, accident liability,
and financial matters. The rule takes great pains to ``exempt''
carriers, is written in clear and unambiguous language, and should be
retained.
49 CFR part 379--Preservation of Records
Section 610: There is no SEIOSNOSE. The rule requires
certain companies to retain, protect, store, and as appropriate,
dispose of records in accordance with minimum retention periods
stipulated in appendix A of part 379.
General: These regulations are cost effective and impose
almost no additive financial burden upon the carrier. Retaining
financial, contractual, property/equipment, taxes, shipping and other
supporting business documents represent a prudent business practice
which the carrier should already be doing. The rule is written in clear
and unambiguous language and should be retained.
Year 9 (2015) List of Rules With Ongoing Analysis
49 CFR part 375--Transportation of household goods in interstate
commerce; consumer protection regulations
Year 10 (2016) List of Rules That Will be Analyzed During the Next Year
49 CFR part 395--Hours of Service of Drivers
National Highway Traffic Safety Administration
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to
Year be 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 2009 2010
1200 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 9 (Fall 2016) List of Rules With Ongoing Analysis
49 CFR part 571.214--Side Impact Protection
49 CFR part 571.215--[Reserved]
49 CFR part 571.216--Roof Crush Resistance; Applicable Unless a Vehicle
Is Certified to 571.216a
49 CFR part 571.216a--Roof Crush Resistance; Upgraded Standard
49 CFR part 571.218--Motorcycle Helmets
49 CFR part 571.219--Windshield Zone Intrusion
Year 10 (Fall 2017) List of Rules That Will be Analyzed During the Next
Year
Part 591 Importation of Vehicles and Equipment Subject to Federal
Safety, Bumper and Theft Prevention Standards
Part 592 Registered Importers of Vehicles not Originally Manufactured
to Conform to the Federal Motor Vehicle Safety Standards
Part 593 Determinations That a Vehicle not Originally Manufactured to
Conform to the Federal Motor Vehicle Safety Standards Is Eligible for
Importation
Part 594 Schedule of Fees Authorized by 49 U.S.C. 30141
Part 595 Make Inoperative Exemptions
Federal Railroad Administration
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 49 CFR parts 200 2008 2009
and 201.
2..................... 49 CFR parts 2009 2010
207, 209, 211,
215, 238, and
256.
3..................... 49 CFR parts 2010 2011
210, 212, 214,
217, and 268.
4..................... 49 CFR part 219. 2011 2012
5..................... 49 CFR parts 2012 2013
218, 221, 241,
and 244.
6..................... 49 CFR parts 2013 2014
216, 228, and
229.
7..................... 49 CFR parts 223 2014 2015
and 233.
8..................... 49 CFR parts 2015 2016
224, 225, 231,
and 234.
9..................... 49 CFR parts 2016 2017
222, 227, 235,
236, 250, 260,
and 266.
10.................... 49 CFR parts 2017 2018
213, 220, 230,
232, 239, and
240.
------------------------------------------------------------------------
Year 9 (Fall 2016) List of Rules Analyzed and a Summary of Results
49 CFR part 222--Use of Locomotive Horns at Public Highway-Rail Grade
Crossings
Section 610: There is no SEIOSNOSE.
General: The purpose of this rule is to provide for safety
at public highway-rail grade crossings by requiring locomotive horn use
at public highway-rail grade crossings except in quiet zones
established and maintained in accordance with this rule. FRA's plain
language review of this rule indicates no need of substantial revision.
49 CFR part 227--Occupational Noise Exposure
[[Page 1914]]
Section 610: There is no SEIOSNOSE.
General: The main objective of the rule is to protect the
occupational health and safety of employees whose predominant noise
exposure occurs in the locomotive cab. The rule prescribes minimum
Federal health and safety noise standards for locomotive cab occupants.
This rule does not restrict a railroad or railroad contractor from
adopting and enforcing additional or more stringent requirements. FRA's
plain language review of this rule indicates no need for substantial
revision.
49 CFR part 235--Instructions Governing Applications for Approval of a
Discontinuance or Material Modification of a Signal System or Relief
from the Requirements of Part 236
Section 610: There is no SEIOSNOSE.
General: Since the rule prescribes instructions regarding
applications for approval of a discontinuance or material modification
of a signal system or relief from the requirements of Part 236, it
promotes and enhances the safety of railroad operations. FRA's plain
language review of this rule indicates no need for substantial
revision.
49 CFR part 236--Rules, Standards and Instructions Governing the
Installation, Inspection, Maintenance and Repair of Signal and Train
Control Systems, Devices and Appliances
Section 610: There is no SEIOSNOSE.
General: Since the rule prescribes standards and
instructions about the installation, inspection, maintenance and repair
of signal and train control systems, devices and appliances, and
performance-based safety standards for PTC systems, it will promote and
enhance the safety of railroad operations. FRA's plain language review
of this rule indicates no need for substantial revision.
49 CFR part 250--Guarantee of Certificates of Trustees of Railroads in
Reorganization
Section 610: There is no SEIOSNOSE.
General: The purpose of this rule is to describe the
requirements regarding form and content of applications, required
exhibits, fees, execution and filing of applications and general
instructions to obtain guarantee of certificates by the Secretary of
Transportation for trustees of railroads in reorganization under the
former Section 77 of the Bankruptcy Act. FRA's plain language review of
this rule indicates no need for substantial revision.
49 CFR part 260--Regulations Governing Loans and Loan Guarantees Under
the Railroad Rehabilitation and Improvement Financing Program
Section 610: The Railroad Rehabilitation and Improvement
Financing Program, which operates under regulations in 49 CFR part 260
``Regulations Governing Loans and Loan Guarantees under the Railroad
Rehabilitation and Improvement Financing Program'', are now
administered by the Executive Director of the Build America Bureau. The
Build America Bureau is reviewing the regulations to determine what
updates are necessary.
General: The purpose of this rule is to provide direct
loans and loan guarantees to eligible applicants, including State and
local governments, government sponsored authorities and corporations
and railroads. FRA is assessing in, consultation with the Build America
Bureau, how to revise 49 CFR part 260 to reflect the RRIF program
transfer. FRA is not rescinding the regulations at this time because
the Build America Bureau necessarily relies on certain sections under
Part 260 in administering the RRIF program.
49 CFR part 266--Assistance to States for Local Rail Service Under
Section 5 of the Department of Transportation Act
Section 610: There is no SEIOSNOSE.
General: The purpose of the rule is to provide assistance
to States for local rail service which includes: Rail service
continuation assistance; acquisition assistance; rehabilitation or
improvement assistance; substitute service assistance; rail facility
construction assistance; planning assistance; and program operations
assistance.
However, there are special limitations on planning assistance and
program operations assistance. No appropriations are currently
available for providing the assistance. FRA is currently evaluating
whether 49 CFR part 266 should be rescinded because FRA does not
anticipate future funding of the programs concerned.
Year 10 (Fall 2017) List of Rule(s) That Will be Analyzed During Next
Year
49 CFR part 213--Track Safety Standards
49 CFR part 220--Railroad Communications
49 CFR part 230--Steam Locomotive Inspection and Maintenance Standards
49 CFR part 232--Brake System Safety Standards for Freight and Other
Non-Passenger Trains and Equipment; End of Train Devices
49 CFR part 239--Passenger Train Emergency Preparedness
49 CFR part 240--Qualification and Certification of Locomotive
Engineers
Federal Transit Administration
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 49 CFR parts 2008 2009
604, 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
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
------------------------------------------------------------------------
[[Page 1915]]
Year 9 (Fall 2016) List of Rules Analyzed and Summary of Results
49 CFR part 659--Rail Fixed Guideway Systems; State Safety Oversight
Section 610: The agency has determined that the rule
continues to not have a significant effect on a substantial number of
small entities. Pursuant to the Moving Ahead for Progress in the 21st
Century Act (MAP-21) (Pub. L. 112-141, July 6, 2012), FTA has
established a comprehensive public transportation safety program, one
element of which is the State Safety Oversight (SSO) Program. (See 49
U.S.C. 5329). FTA has issued a revised SSO Program regulation (49 CFR
part 674) which became effective April 15, 2016; however, Part 659 will
remain in effect until April 14, 2019 at which time it will sunset. In
the interim, SSO Agencies will revise their programs to meet the
requirements of Part 674. Prior to publication of the final rule (81 FR
14229, March 16, 2016), FTA evaluated the likely effect of the
proposals as required by the Regulatory Flexibility Act, and determined
that this rule will have no SEISNOSE. Like Part 659, the parties
subject to the rule are those states that must carry out the oversight
of rail fixed guideway public transportation systems within their
jurisdictions.
General: Congress enacted the Moving Ahead for Progress in
the 21st Century Act (MAP-21) (Pub. L. 112-141, July 6, 2012). FTA
promulgated a new rule, 49 CFR part 674, to implement the MAP-21
requirements which require a state to oversee the safety and security
of rail fixed guideway systems within its jurisdiction. Pursuant to
MAP-21, Part 659 will be rescinded in April 2019; that is, three-years
following the effective date of the Part 674. Meanwhile, states will
revise their SSO programs to conform to the new MAP-21 requirements.
Part 674 specifies that a state must have its new program standard
certified by FTA. In addition, a state must demonstrate its SSOA's
financial and legal independence from the RTAs it oversees and
demonstrate its ability to effectively oversee the safety of the rail
fixed guideway public transportation systems throughout the state.
FTA's plain language review of this rule indicates no need for
substantial revision.
49 CFR part 663--Pre-Award and Post-Delivery Audits of Rolling Stock
Purchases
Section 610: FTA conducted a Section 610 review of this
part and found no SEISNOSE.
General: The rule was promulgated to assist transit
agencies conducting pre-award and post-delivery audits of rolling stock
procurements, as required under 49 U.S.C. 5323(m). The agency has
determined that the rule is cost-effective and imposes the least
possible burden on small entities. FTA's plain language review of this
rule indicates no need for substantial revision.
Year 10 (Fall 2017)--List of Rule(s) That Will be Analyzed This Year
49 CFR part 665--Bus Testing
Maritime Administration
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to
Year be 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 2011 2012
221, 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 8 (2015) List of Rules With Ongoing Analysis
46 CFR part 345--Restrictions upon the transfer or change in use or in
terms governing utilization of port facilities
46 CFR part 346--Federal port controllers
46 CFR part 370--Claims
46 CFR part 381--Cargo preference--U.S.-flag vessels
Year 9 (2016) List of Rules With Ongoing Analysis
46 CFR part 382--Determination of fair and reasonable rates for the
carriage of bulk and packaged preference cargoes on U.S.-flag
commercial vessels
46 CFR part 385--Research and development grant and cooperative
agreements regulations
46 CFR part 386--Regulations governing public buildings and grounds at
the United States Merchant Marine Academy
46 CFR part 387--Utilization and disposal of surplus Federal real
property for development or operation of a port facility
46 CFR part 388--Administrative waivers of the Coastwise Trade Laws
46 CFR part 389--Determination of availability of coast-wise-qualified
vessels for transportation of platform jackets
Year 10 (2017) List of Rules That Will be Analyzed During the Next Year
46 CFR part 390--Capital Construction Fund implementing regulations
46 CFR part 391--Federal Income Tax Aspects of the Capital Construction
Fund
46 CFR part 393--America's Marine Highway Program implementing
regulations
Pipeline and Hazardous Materials Safety Administration (PHMSA)
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to
Year be 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 2012 2013
106, 107, 171,
190, and 195.
6..................... 49 CFR parts 2013 2014
174, 177, 191,
and 192.
[[Page 1916]]
7..................... 49 CFR parts 176 2014 2015
and 199.
8..................... 49 CFR parts 172 2015 2016
and 178.
9..................... 49 CFR parts 2016 2017
172, 173, 174,
176, 177, and
193.
10.................... 49 CFR parts 173 2017 2018
and 194.
------------------------------------------------------------------------
Year 9 (Fall 2017) List of Rules Analyzed and a Summary of Results
49 CFR parts 172, 173, 174, 176, and 177--Hazardous Materials Table,
Special Provisions, Hazardous Materials Communications, Emergency
Response Information, Training Requirements, and Security Plans;
Shippers--General Requirements for Shipments and Packagings; Carriage
by Rail; Carriage by Vessel; and Carriage by Public Highway.
Section 610: There is no SEIOSNOSE. A substantial number
of small entities may be affected by this rule, but the economic impact
on those entities is not significant. Plain Language: PHMSA's plain
language review of this rule indicates no need for substantial
revision. Where confusing or wordy language has been identified,
revisions will be proposed in the upcoming biennial international
harmonization rulemaking.
General: On March 30, 2017, PHMSA issued a final rule
titled ``Hazardous Materials: Harmonization with International
Standards'' that amended the Hazardous Materials Regulations (HMR) to
maintain consistency with international regulations and standards by
incorporating various amendments, including changes to proper shipping
names, hazard classes, packing groups, special provisions, packaging
authorizations, air transport quantity limitations, and vessel stowage
requirements (82 FR 15796). These revisions were necessary to harmonize
the HMR with recent changes made to the International Maritime
Dangerous Goods (IMDG) Code, the International Civil Aviation
Organization's Technical Instructions (ICAO TI) for the Safe Transport
of Dangerous Goods by Air, and the United Nations (UN) Recommendations
on the Transport of Dangerous Goods--Model Regulations. Additionally,
PHMSA adopted several amendments to the HMR that resulted from
coordination with Canada under the U.S.-Canada Regulatory Cooperation
Council.
This rulemaking action is part of our ongoing biennial process to
harmonize the HMR with international regulations and standards. Federal
law and policy strongly favor the harmonization of domestic and
international standards for hazardous materials transportation. The
Federal hazardous materials transportation law (Federal hazmat law; 49
U.S.C. 5101 et seq.) directs PHMSA to participate in relevant
international standard-setting bodies and promotes consistency of the
HMR with international transport standards to the extent practicable.
Federal hazmat law permits PHMSA to depart from international standards
where appropriate, including to promote safety or other overriding
public interests. However, Federal hazmat law otherwise encourages
domestic and international harmonization (see 49 U.S.C. 5120).
Harmonization facilitates international trade by minimizing the
costs and other burdens of complying with multiple or inconsistent
safety requirements for transportation of hazardous materials. Safety
is enhanced by creating a uniform framework for compliance, and as the
volume of hazardous materials transported in international commerce
continues to grow, harmonization becomes increasingly important.
The impact that it will have on small entities is not expected to
be significant. The final rule clarified provisions based on PHMSA's
initiatives and correspondence with the regulated community and
domestic and international stakeholders. The changes are generally
intended to provide relief and, as a result, marginal positive economic
benefits to shippers, carriers, and packaging manufacturers and
testers, including small entities. These benefits are not at a level
that can be considered economically significant.
Consequently, this final rule will not have a significant economic
impact on a substantial number of small entities. PHMSA's plain
language review of this rule indicates no need for substantial
revision.
49 CFR part 193--Liquefied Natural Gas Facilities: Federal Safety
Standards
Section 610: There is no SEIOSNOSE.
General: This rule prescribes safety standards for LNG
facilities used in the transportation of gas by pipeline that is
subject to the pipeline safety laws (49 U.S.C. 60101 et seq.) and Part
192. PHMSA's plain language review of this rule indicates no need for
substantial revision.
Year 10 (fall 2018) List of Rules That Will be Analyzed During the Next
Year
49 CFR part 173--Shippers--General Requirements for Shipments and
Packagings
49 CFR part 194--Response Plans for Onshore Oil Pipelines
Saint Lawrence Seaway Development Corporation
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 33 CFR parts 401 2017 2018
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
[[Page 1917]]
Federal Aviation Administration--Prerule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
293....................... + 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.
------------------------------------------------------------------------
294....................... Drug and Alcohol Testing 2120-AK09
of Certain Maintenance
Provider Employees
Located Outside of the
United States.
295....................... + Applying the Flight, 2120-AK22
Duty, and Rest
Requirements to Ferry
Flights That Follow
Domestic, Flag, or
Supplemental All-Cargo
Operations
(Reauthorization).
296....................... + Pilot Records Database 2120-AK31
(HR 5900) (Reg Plan Seq
No. 71).
297....................... + Aircraft Registration 2120-AK37
and Airmen Certification
Fees.
298....................... + Requirements to File 2120-AK77
Notice of Construction of
Meteorological Evaluation
Towers and Other
Renewable Energy Projects
(Section 610 Review).
299....................... + Operations of Small 2120-AK85
Unmanned Aircraft Over
People (Reg Plan Seq No.
73).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
Federal Aviation Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
300....................... + Airport Safety 2120-AJ38
Management System.
301....................... Updates to Rulemaking and 2120-AK76
Waiver Procedures and
Expansion of the
Equivalent Level of
Safety Option (Section
610 Review).
302....................... +Registration and Marking 2120-AK82
Requirements for Small
Unmanned Aircraft (Reg
Plan Seq No. 76).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
Federal Aviation Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
303....................... + Regulation Of Flight 2120-AJ78
Operations Conducted By
Alaska Guide Pilots.
304....................... + Helicopter Air Ambulance 2120-AK57
Pilot Training and
Operational Requirements
(HAA II) (FAA
Reauthorization).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Motor Carrier Safety Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
305....................... Motorcoach Lap/Shoulder 2126-AC08
Seat Belts (Section 610
Review).
306....................... Controlled Substances and 2126-AC11
Alcohol Testing: State
Driver's Licensing Agency
Downgrade of Commercial
Driver's License (Section
610 Review).
------------------------------------------------------------------------
Federal Motor Carrier Safety Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
307....................... Commercial Learner's 2126-AB98
Permit Validity (Section
610 Review).
308....................... Incorporation by 2126-AC01
Reference; North American
Standard Out-of-Service
Criteria; Hazardous
Materials Safety Permits
(Section 610 Review).
309....................... Fees for the Unified 2126-AC03
Carrier Plan and
Agreement (Section 610
Review).
------------------------------------------------------------------------
[[Page 1918]]
Federal Motor Carrier Safety Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
310....................... + Safety Monitoring System 2126-AA35
and Compliance Initiative
for Mexico-Domiciled
Motor Carriers Operating
in the United States.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Railroad Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
311....................... + Train Crew Staffing and 2130-AC48
Location.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Saint Lawrence Seaway Development Corporation--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
312....................... Seaway Regulations and 2135-AA43
Rules: Periodic Update,
Various Categories
(Rulemaking Resulting
From a Section 610
Review).
313....................... Tariff of Tolls 2135-AA44
(Rulemaking Resulting
From a Section 610
Review).
------------------------------------------------------------------------
Pipeline and Hazardous Materials Safety Administration--Proposed Rule
Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
314....................... Pipeline Safety: 2137-AF06
Amendments to Parts 192
and 195 to Require Valve
Installation and Minimum
Rupture Detection
Standards.
------------------------------------------------------------------------
Pipeline and Hazardous Materials Safety Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
315....................... + Pipeline Safety: Safety 2137-AE66
of Hazardous Liquid
Pipelines (Reg Plan Seq
No. 83).
316....................... Pipeline Safety: Issues 2137-AE93
Related to the Use of
Plastic Pipe in Gas
Pipeline Industry (RRR).
317....................... + Hazardous Materials: Oil 2137-AF08
Spill Response Plans and
Information Sharing for
High-Hazard Flammable
Trains (Reg Plan Seq No.
85).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Prerule Stage
293. +Applying the Flight, Duty, and Rest Rules of 14 CFR Part 135 to
Tail-End Ferry Operations (FAA Reauthorization)
E.O. 13771 Designation: Regulatory.
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
employed by an air carrier conducting operations under part 135 and
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............................... 04/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dale Roberts, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591, Phone: 202 267-5749, Email: [email protected].
RIN: 2120-AK26
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Proposed Rule Stage
294. Drug and Alcohol Testing of Certain Maintenance Provider Employees
Located Outside of the United States
E.O. 13771 Designation: Not subject to, not significant.
[[Page 1919]]
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 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 a statutory mandate under section 308(d) of
the FAA Modernization and Reform Act of 2012 (Pub. L. 112-95).
Timetable:
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Action Date FR Cite
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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 .......................
NPRM................................ 01/00/18 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Vicky Dunne, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591, Phone: 202 267-8522, Email: [email protected].
RIN: 2120-AK09
295. +Applying the Flight, Duty, and Rest Requirements to Ferry Flights
That Follow Domestic, Flag, or Supplemental All-Cargo Operations
(Reauthorization)
E.O. 13771 Designation: Regulatory.
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 as it
will make part 121 flight, duty, and rest limits applicable to tail-end
ferries that follow an all-cargo flight.
Timetable:
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Action Date FR Cite
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NPRM................................ 02/00/18 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dale Roberts, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591, Phone: 202 267-5749, Email: [email protected].
RIN: 2120-AK22
296. +Pilot Records Database (HR 5900)
Regulatory Plan: This entry is Seq. No. 71 in part II of this issue
of the Federal Register.
RIN: 2120-AK31
297. +Aircraft Registration and Airmen Certification Fees
E.O. 13771 Designation: Regulatory.
Legal Authority: 31 U.S.C. 9701; 4 U.S.C. 1830; 49 U.S.C. 106(f);
49 U.S.C. 106(g); 49 U.S.C. 106(l)(6); 49 U.S.C. 40104; 49 U.S.C.
40105; 49 U.S.C. 40109; 49 U.S.C. 40113; 49 U.S.C. 40114; 49 U.S.C.
44101 to 44108; 49 U.S.C. 44110 to 44113; 49 U.S.C. 44701 to 44704; 49
U.S.C. 44707; 49 U.S.C. 44709 to 44711; 49 U.S.C. 44713; 49 U.S.C.
45102; 49 U.S.C. 45103; 49 U.S.C. 45301; 49 U.S.C. 45302; 49 U.S.C.
45305; 49 U.S.C. 46104; 49 U.S.C. 46301; Pub. L. 108-297, 118 Stat.
1095
Abstract: This rulemaking would establish fees for airman
certificates, medical certificates, and provision of legal opinions
pertaining to aircraft registration or recordation. This rulemaking
also would revise existing fees for aircraft registration, recording of
security interests in aircraft or aircraft parts, and replacement of an
airman certificate. This rulemaking addresses provisions of the FAA
Modernization and Reform Act of 2012. This rulemaking is intended to
recover the estimated costs of the various services and activities for
which fees would be established or revised.
Timetable:
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Action Date FR Cite
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NPRM................................ 04/00/18 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Isra Raza, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591, Phone: 202 267-8994, Email: [email protected].
RIN: 2120-AK37
298. +Requirements To File Notice of Construction of Meteorological
Evaluation Towers and Other Renewable Energy Projects (Section 610
Review)
E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 40103
Abstract: This rulemaking would add specific requirements for
proponents who wish to construct meteorological evaluation towers at a
height of 50 feet above ground level (AGL) up to 200 feet AGL to file
notice of construction with the FAA. This rule also requires sponsors
of wind turbines to provide certain specific data when filing notice of
construction with the FAA. This rulemaking is a statutory mandate under
section 2110 of the FAA Extension, Safety, and Security Act of 2016
(Pub. L. 114-190).
Timetable:
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Action Date FR Cite
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NPRM................................ 08/00/18 .......................
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Regulatory Flexibility Analysis Required: No.
Agency Contact: Sheri Edgett-Baron, Air Traffic Service, Department
of Transportation, Federal Aviation Administration, 800 Independence
Avenue SW, Washington, DC 20591, Phone: 202 267-9354.
RIN: 2120-AK77
299. +Operations of Small Unmanned Aircraft Over People
Regulatory Plan: This entry is Seq. No. 73 in part II of this issue
of the Federal Register.
RIN: 2120-AK85
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Final Rule Stage
300. +Airport Safety Management System
E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 44706; 49 U.S.C. 106(g); 49 U.S.C.
40113; 49 U.S.C. 44701 to 44706; 49 U.S.C. 44709; 49 U.S.C. 44719
Abstract: This rulemaking would require certain airport certificate
holders to develop, implement, maintain, and adhere to a safety
management system (SMS) for its aviation related activities. An SMS is
a formalized approach to managing safety by developing an organization-
wide safety policy, developing formal methods of identifying hazards,
analyzing and
[[Page 1920]]
mitigating risk, developing methods for ensuring continuous safety
improvement, and creating organization-wide safety promotion
strategies.
Timetable:
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Action Date FR Cite
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NPRM................................ 10/07/10 75 FR 62008
NPRM Comment Period Extended........ 12/10/10 75 FR 76928
NPRM Comment Period End............. 01/05/11 .......................
End of Extended Comment Period...... 03/07/11 .......................
Second Extension of Comment Period.. 03/07/11 76 FR 12300
End of Second Extended Comment 07/05/11 .......................
Period.
Second NPRM......................... 07/14/16 81 FR 45871
Second NPRM Comment Period End...... 09/12/16 .......................
Final Rule.......................... 04/00/18 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Keri Lyons, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591, Phone: 202 267-8972, Email: [email protected].
RIN: 2120-AJ38
301. Updates to Rulemaking and Waiver Procedures and Expansion of the
Equivalent Level of Safety Option (Section 610 Review)
E.O. 13771 Designation: Deregulatory.
Legal Authority: 51 U.S.C. 50901; 51 U.S.C. 50903; 51 U.S.C. 50904;
51 U.S.C. 50905
Abstract: This rulemaking would streamline and improve commercial
space transportation's general rulemaking and petition procedures by
reflecting current practice; reorganizing the regulations for clarity
and flow; and allowing petitioners to file their petitions
electronically. This action would expand the option to satisfy
commercial space transportation requirements by demonstrating an
equivalent level of safety. These changes are necessary to ensure the
regulations are current, accurate, and are not unnecessarily
burdensome. The intended effect of these changes is to improve the
clarity of the regulations and reduce burden on the industry and on the
FAA.
Timetable:
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Action Date FR Cite
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NPRM................................ 06/01/16 81 FR 34919
NPRM Comment Period End............. 08/01/16 .......................
Final Rule.......................... 11/00/17 .......................
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Regulatory Flexibility Analysis Required: No.
Agency Contact: Shirley McBride, Department of Transportation,
Federal Aviation Administration, 800 Independence Avenue SW,
Washington, DC 20591, Phone: 202 267-7470, Email:
[email protected].
RIN: 2120-AK76
302. +Registration and Marking Requirements for Small Unmanned Aircraft
Regulatory Plan: This entry is Seq. No. 76 in part II of this issue
of the Federal Register.
RIN: 2120-AK82
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Long-Term Actions
303. +Regulation of Flight Operations Conducted by Alaska Guide Pilots
E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 106(g) ; 49 U.S.C. 1153; 49 U.S.C. 1155;
49 U.S.C. 40101 to 40103; 49 U.S.C. 40113; 49 U.S.C. 40120; 49 U.S.C.
44101; 49 U.S.C. 44015 to 44016; 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 to 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. 46103; 49 U.S.C. 46105; 49 U.S.C. 46306; 49
U.S.C. 46315 to 46316; 49 U.S.C. 46504; 49 U.S.C. 46506 to 46507; 49
U.S.C. 47122; 49 U.S.C. 47508; 49 U.S.C. 47528 to 47531; articles 12
and 29 of 61 Statue 1180; Pub. L. 106-181, sec. 732
Abstract: The rulemaking would establish regulations concerning
Alaska guide pilot operations. The rulemaking would implement
Congressional legislation and establish additional safety requirements
for the conduct of these operations. The intended effect of this
rulemaking is to enhance the level of safety for persons and property
transported in Alaska guide pilot operations. In addition, the
rulemaking would add a general provision applicable to pilots operating
under the general operating and flight rules concerning falsification,
reproduction, and alteration of applications, logbooks, reports, or
records. This rulemaking is a statutory mandate under section 732 of
the Wendell H. Ford Aviation Investment and Reform Act for the 21st
Century, (Pub. L. 106-181).
Timetable: Next Action Undetermined.
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jeff Smith, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20785, Phone: 202 385-9615, Email: [email protected].
RIN: 2120-AJ78
304. +Helicopter Air Ambulance Pilot Training and Operational
Requirements (HAA II) (FAA Reauthorization)
E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 106(f); 49 U.S.C. 106(g); 49 U.S.C.
40113; 49 U.S.C. 41706; 49 U.S.C. 44701; 49 U.S.C. 44702; 49 U.S.C.
44705; 49 U.S.C. 44709; 49 U.S.C. 44711 to 44713; 49 U.S.C. 44715 to
44717; 49 U.S.C. 44722; 49 U.S.C. 44730; 49 U.S.C. 45101 to 45105
Abstract: This rulemaking would develop training requirements for
crew resource management, flight risk evaluation, and operational
control of the pilot in command, as well as to develop standards for
the use of flight simulation training devices and line-oriented flight
training. Additionally, it would establish requirements for the use of
safety equipment for flight crewmembers and flight nurses. These
changes will aide in the increase in aviation safety and increase
survivability in the event of an accident. Without these changes, the
Helicopter Air Ambulance industry may continue to see the unacceptable
high rate of aircraft accidents. This rulemaking is a statutory mandate
under section 306(e) of the FAA Modernization and Reform Act of 2012
(Pub. L. 112-95).
Timetable: Next Action Undetermined.
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Chris Holliday, Department of Transportation,
Federal Aviation Administration, 801 Pennsylvania Avenue NW,
Washington, DC 20024, Phone: 202 267-4552, Email:
[email protected].
RIN: 2120-AK57
[[Page 1921]]
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Motor Carrier Safety Administration (FMCSA)
Proposed Rule Stage
305. Motorcoach Lap/Shoulder Seat Belts (Section 610 Review)
E.O. 13771 Designation: Regulatory.
Legal Authority: Not Yet Determined
Abstract: The Federal Motor Carrier Safety Administration proposes
to amend the Federal motor carrier safety regulations to require all
over-the-road buses manufactured on or after November 28, 2016, and
other buses with a gross vehicle weight rating greater than 26,000
pounds and manufactured during the same timeframe to be equipped with
lap/shoulder seat belts in accordance with Federal Motor Vehicle Safety
Standard No. 208 accommodating each passenger seating position, with
certain exclusions. This rule will be a companion rule to the final
rule published by the National Highway Traffic Safety Administration's
final rule published in November 2013.
Timetable:
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Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/00/18 .......................
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Regulatory Flexibility Analysis Required: No.
Agency Contact: Larry W. Minor, Director, Office of Bus and Truck
Standards and Operations, Department of Transportation, Federal Motor
Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington,
DC 20590, Phone: 202 366-4009, Email: [email protected].
RIN: 2126-AC08
306. Controlled Substances and Alcohol Testing: State Driver's
Licensing Agency Downgrade of Commercial Driver's License (Section 610
Review)
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 49 U.S.C. 31136(a); 49 U.S.C. 31305(a)
Abstract: The Commercial Driver's License Drug and Alcohol
Clearinghouse (Clearinghouse) final rule (81 FR 87686 (Dec. 5, 2016),
requires State Driver Licensing Agencies (SDLAs) to check the
Clearinghouse before issuing, renewing, transferring, or upgrading a
Commercial Driver's License (CDL) to determine whether the driver is
qualified to operate a commercial motor vehicle. FMCSA proposes to
amend the Clearinghouse final rule to require SDLAs to downgrade the
CDL of any driver for whom a verified positive controlled substances
(drug) test result, an alcohol confirmation test with a concentration
of .04 or higher, a refusal to submit to a drug or alcohol test, or an
employer's actual knowledge of prohibited drug or alcohol use is
reported to the Clearinghouse. Under this NPRM, the CDL downgrade,
currently defined in 49 CFR 383.5 as the removal of the CDL privilege
from the driver's license, will remain in effect until the driver
complies with return to duty requirements set forth in 49 CFR part 40,
subpart O. SDLAs will have electronic access to relevant information in
the CDL holder's Clearinghouse record through the Commercial Driver's
License Information System (CDLIS), which will enable them to initiate
the downgrade process and to restore the CDL privilege to the driver's
license upon his or her completion of return to duty requirements. This
proposal is intended to improve highway safety by establishing a means
to enforce the existing requirement that CDL holders who test positive
or refuse to test, or engage in other drug and alcohol program
violations, must not perform safety-sensitive functions, including
driving a commercial motor vehicle in intrastate or interstate
commerce. This NPRM does not propose any other changes to the
Clearinghouse final rule, nor does it propose any changes to the drug
and alcohol testing requirements in part 382 and part 40.
Timetable:
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Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/18 .......................
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Regulatory Flexibility Analysis Required: Undetermined.
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: 
