Department Regulatory and Deregulatory Agenda; Semiannual Summary, 27161-27190 [2018-11270]

Agencies

• DEPARTMENT OF TRANSPORTATION
• Office of the Secretary

[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Unknown Section]
[Pages 27161-27190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11270]



[[Page 27161]]

Vol. 83

Monday,

No. 112

June 11, 2018

Part XIII





 Department of Transportation





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Semiannual Regulatory Agenda

Federal Register / Vol. 83 , No. 112 / Monday, June 11, 2018 / 
Unified Agenda

[[Page 27162]]


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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).

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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, enabling 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 being sure that we do not regress from the successes 
already achieved. Our

[[Page 27163]]

planned regulatory actions reflect a careful balance that emphasizes 
the Department's priority in fostering innovation while at the same 
time meeting the challenges of maintaining a safe, reliable, and 
sustainable transportation system.
    For example, the National Highway Traffic Safety Administration 
(NHTSA) is working on reducing regulatory barriers to technology 
innovation, including the development of autonomous vehicles. 
Autonomous vehicles are expected to increase safety significantly by 
reducing the likelihood of human error when driving, which today 
accounts for the overwhelming majority of accidents on our nation's 
roadways. NHTSA plans to issue rulemakings that; (1) define a pilot 
program of limited duration for vehicles that may not meet FMVSS; (2) 
allow for permanent updates to current FMVSS reflecting new technology; 
and (3) allow for updates to NHTSA's regulations outlining the 
administrative processes for petitioning the agency for exemptions, 
rulemakings, and reconsiderations.
    Similarly, the Federal Aviation Administration (FAA) is working to 
enable, safely and efficiently, the integration of unmanned aircraft 
systems (UAS) into the National Airspace System. UAS are expected to 
continue to drive innovation and increase safety as operators and 
manufacturers find new and inventive uses for UAS. For instance, UAS 
are poised to assist human operators with a number of different mission 
sets such as inspection of critical infrastructure and search and 
rescue, enabling beneficial and lifesaving activities that would 
otherwise be difficult or even impossible for a human to accomplish 
unassisted. The Department has regulatory efforts underway to further 
integrate UAS safely and efficiently.
    The Department is also currently working on several rulemakings to 
facilitate a major transformation of our national space program from 
one in which the federal government has a primary role to one in which 
private industry drives growth in innovation and launches. 
Specifically, the Department is working on rules to: (1) Clarify, 
streamline, and update FAA's commercial space transportation 
regulations; (2) provide operators flexibility for protecting ships 
from a nearby commercial space launch or reentry; (3) streamline and 
improve FAA's commercial space transportation rulemaking and petition 
procedures; and (4) codify certain statutory requirements, increasing 
clarity for industry.

Explanation of Information in the Agenda

    An Office of Management and Budget memorandum, dated January 29, 
2018, establishes 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; (15) the action's 
designation under Executive Order 13771 explaining whether the action 
will have a regulatory or deregulatory effect; and (16) 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.
    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. A portion of 
the Agenda is published in the Federal Register, however, because the 
Regulatory Flexibility Act (5 U.S.C. 602) mandates publication for the 
regulatory flexibility agenda. Accordingly, 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.

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

[[Page 27164]]

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 account 
process to ensure ``meaningful and timely input'' by State, local, and 
tribal officials in the development of regulatory policies that have 
federalism or tribal implications. These policies are defined in the 
Executive orders to include regulations that have ``substantial direct 
effects'' on States or Indian tribes, on the relationship between the 
Federal Government and them, or on the distribution of power and 
responsibilities between the Federal Government and various levels of 
Government or Indian tribes. Therefore, we encourage State and local 
Governments or Indian tribes to provide us with information about how 
the Department's rulemakings impact them.

Purpose

    The Department is publishing this regulatory Agenda in the Federal 
Register to share with interested members of the public the 
Department's preliminary expectations regarding its future regulatory 
actions. This should enable the public to be more aware of the 
Department's regulatory activity and should result in more effective 
public participation. This publication in the Federal Register does not 
impose any binding obligation on the Department or any of the offices 
within the Department with regard to any specific item on the Agenda. 
Regulatory action, in addition to the items listed, is not precluded.

    Dated: February 22, 2018.
 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--Kathryn Gresham, Office of Chief Counsel, 1200 New Jersey 
Avenue SE, Washington, DC 20590; telephone (202) 493-6063.
    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 
Executive Order 12866, ``Regulatory Planning and Review,'' Executive 
Order 13563, ``Improving Regulation and Regulatory Review,'' 76 FR 3821 
(January 18, 2011), Executive Order 13771 ``Reducing Regulation and 
Controlling Regulatory Costs,'' Executive Order 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

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entities'' (SEISNOSE). 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 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 SEISNOSE 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 SEISNOSE, 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 
SEISNOSE, 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 U.S. 
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

[[Page 27166]]

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 SEISNOSE. 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 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

[[Page 27167]]

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.
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

[[Page 27168]]

     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.
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.

[[Page 27169]]

Year 7 (2014) List of Rules With Ongoing Analysis
14 CFR part 385--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 to 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.
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

[[Page 27170]]

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 to 
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), (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

[[Page 27171]]

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
     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

[[Page 27172]]

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 to 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.
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

[[Page 27173]]

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
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

[[Page 27174]]

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 the 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 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

[[Page 27175]]

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 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

[[Page 27176]]

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 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.
4.....................  23 CFR part 500.            2011            2012

[[Page 27177]]

 
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 SEISNOSE. 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 SEISNOSE. No small entities are affected
     General: No changes are needed. These regulations are cost 
effective and impose the least burden. FHWA's plain language review of 
these rules indicates no need for substantial revision.
23 FR part 1210--Operation of motor vehicles by intoxicated minors
     Section 610: No SEISNOSE. 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 SEISNOSE. 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 SEISNOSE. 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 SEISNOSE. 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 SEISNOSE. 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

[[Page 27178]]

is written in clear and unambiguous language, and should be retained.
49 CFR part 376--Lease and Interchange of Vehicles
     Section 610: There is no SEISNOSE. 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 SEISNOSE. 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 SEISNOSE.
     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.

[[Page 27179]]

49 CFR part 227--Occupational Noise Exposure
     Section 610: There is no SEISNOSE.
     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 SEISNOSE.
     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 SEISNOSE.
     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 SEISNOSE.
     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 SEISNOSE.
     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 Records
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 27180]]

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.

[[Page 27181]]

 
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.
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 Packaging; Carriage by 
Rail; Carriage by Vessel; and Carriage by Public Highway.
     Section 610: There is no SEISNOSE. 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 SEISNOSE.
     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 
Packaging
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            2008            2009
                         through 403.
------------------------------------------------------------------------


[[Page 27182]]

Year 1 (Fall 2008) List of Rules With Ongoing Analysis
33 CFR part 401--Seaway Regulations and Rules
33 CFR part 402--Tariff of Tolls
33 CFR part 403--Rules of Procedure of the Joint Tolls Review Board

              Office of the Secretary--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
150.......................  +Defining Unfair or                2105-AE72
                             Deceptive Practices.
------------------------------------------------------------------------
+ DOT-designated significant regulation.


             Federal Aviation Administration--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
151.......................  +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.
------------------------------------------------------------------------
152.......................  Drug and Alcohol Testing           2120-AK09
                             of Certain Maintenance
                             Provider Employees
                             Located Outside of the
                             United States.
153.......................  +Applying the Flight,              2120-AK22
                             Duty, and Rest
                             Requirements to Ferry
                             Flights That Follow
                             Domestic, Flag, or
                             Supplemental All-Cargo
                             Operations
                             (Reauthorization).
154.......................  +Pilot Records Database            2120-AK31
                             (HR 5900).
155.......................  +Aircraft Registration and         2120-AK37
                             Airmen Certification Fees.
156.......................  +Requirements to File              2120-AK77
                             Notice of Construction of
                             Meteorological Evaluation
                             Towers and Other
                             Renewable Energy Projects
                             (Section 610 Review).
157.......................  +Operations of Small               2120-AK85
                             Unmanned Aircraft Over
                             People.
------------------------------------------------------------------------
+ DOT-designated significant regulation.


            Federal Aviation Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
158.......................  +Airport Safety Management         2120-AJ38
                             System.
159.......................  Updates to Rulemaking and          2120-AK76
                             Waiver Procedures and
                             Expansion of the
                             Equivalent Level of
                             Safety Option (Section
                             610 Review).
160.......................  +Registration and Marking          2120-AK82
                             Requirements for Small
                             Unmanned Aircraft.
------------------------------------------------------------------------
+ DOT-designated significant regulation.


           Federal Aviation Administration--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
161.......................  +Regulation Of Flight              2120-AJ78
                             Operations Conducted By
                             Alaska Guide Pilots.
162.......................  +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.
------------------------------------------------------------------------
163.......................  Motorcoach Lap/Shoulder            2126-AC08
                             Seat Belts (Section 610
                             Review).
164.......................  Controlled Substances And          2126-AC11
                             Alcohol Testing: State
                             Driver's Licensing Agency
                             Downgrade of Commercial
                             Driver's License (Section
                             610 Review).
------------------------------------------------------------------------


[[Page 27183]]


      Federal Motor Carrier Safety Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
165.......................  Commercial Learner's               2126-AB98
                             Permit Validity (Section
                             610 Review).
166.......................  Incorporation by                   2126-AC01
                             Reference; North American
                             Standard Out-of-Service
                             Criteria; Hazardous
                             Materials Safety Permits
                             (Section 610 Review).
------------------------------------------------------------------------


     Federal Motor Carrier Safety Administration--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
167.......................  +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.
------------------------------------------------------------------------
168.......................  +Passenger Equipment               2130-AC46
                             Safety Standards
                             Amendments (RRTF).
------------------------------------------------------------------------
+ DOT-designated significant regulation.


           Federal Railroad Administration--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
169.......................  +Train Crew Staffing and           2130-AC48
                             Location.
------------------------------------------------------------------------
+ DOT-designated significant regulation.


    Saint Lawrence Seaway Development Corporation--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
170.......................  Seaway Regulations and             2135-AA43
                             Rules: Periodic Update,
                             Various Categories
                             (Completion of a Section
                             610 Review).
171.......................  Tariff of Tolls                    2135-AA44
                             (Completion of a Section
                             610 Review).
------------------------------------------------------------------------


  Pipeline and Hazardous Materials Safety Administration--Proposed Rule
                                  Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
172.......................  +Pipeline Safety:                  2137-AF06
                             Amendments to Parts 192
                             and 195 to Require Valve
                             Installation and Minimum
                             Rupture Detection
                             Standards.
------------------------------------------------------------------------
+ DOT-designated significant regulation.


Pipeline and Hazardous Materials Safety Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
173.......................  +Pipeline Safety: Safety           2137-AE66
                             of Hazardous Liquid
                             Pipelines.
174.......................  +Pipeline Safety: Issues           2137-AE93
                             Related to the Use of
                             Plastic Pipe in Gas
                             Pipeline Industry.
175.......................  +Hazardous Materials: Oil          2137-AF08
                             Spill Response Plans and
                             Information Sharing for
                             High-Hazard Flammable
                             Trains.
------------------------------------------------------------------------
+ DOT-designated significant regulation.



[[Page 27184]]

DEPARTMENT OF TRANSPORTATION (DOT)

Office of the Secretary (OST)

Proposed Rule Stage

150.  +Defining Unfair or Deceptive Practices

    E.O. 13771 Designation: Other.
    Legal Authority: 49 U.S.C. 41712
    Abstract: This rulemaking would define the phrase ``unfair or 
deceptive practice'' found in the Department's aviation consumer 
protection statute. The Department's statute is modeled after a similar 
statute granting the Federal Trade Commission (FTC) the authority to 
regulate unfair or deceptive practices. Using the FTC's policy 
statements as a guide, the Department has found a practice to be unfair 
if it causes or is likely to cause substantial harm, the harm cannot 
reasonably be avoided, and the harm is not outweighed by any 
countervailing benefits to consumers or to competition. Likewise, the 
Department has found a practice to be deceptive if it misleads or is 
likely to mislead a consumer acting reasonably under the circumstances 
with respect to a material issue (one that is likely to affect the 
consumer's decision with regard to a product or service). This 
rulemaking would codify the Department's existing interpretation of 
``unfair or deceptive practice,'' and seek comment on any whether 
changes are needed. The rulemaking is not expected to impose monetary 
costs, and will benefit regulated entities by providing a clearer 
understanding of the Department's interpretation of the statute.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/00/19
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Blaine A. Workie, Assistant General Counsel, 
Department of Transportation, Office of the Secretary, 1200 New Jersey 
Avenue SE, Washington, DC 20590, Phone: 202 366-9342, Fax: 202 366-
7153, Email: [email protected].
    RIN: 2105-AE72
BILLING CODE 4910-9X-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Prerule Stage

151. +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 
and 40102; 49 U.S.C. 40103; 49 U.S.C. 40113; 49 U.S.C. 41706; 49 U.S.C. 
44105 and 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 and 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 solicit information related to a 
congressional mandate to require a flightcrew member who is employed by 
an air carrier conducting operations under part 135, and who accepts an 
additional assignment for flying under part 91 from the air carrier or 
from any other air carrier conducting operations under part 121 or 135, 
to apply the period of the additional assignment toward any limitation 
applicable to the flightcrew member relating to duty periods or flight 
times under part 135.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   09/00/18
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dale Roberts, Department of Transportation, Federal 
Aviation Administration, 800 Independence Ave. SW, Washington, DC 
20591, Phone: 202-267-5749, Email: [email protected].
    RIN: 2120-AK26

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Proposed Rule Stage

152. Drug and Alcohol Testing of Certain Maintenance Provider Employees 
Located Outside of the United States

    E.O. 13771 Designation: Not subject to, not significant.
    Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 40113; 49 U.S.C. 
44701; 49 U.S.C. 44702; 49 U.S.C. 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            FR Cite
------------------------------------------------------------------------
ANPRM...............................   03/17/14  79 FR 14621
Comment Period Extended.............   05/01/14  79 FR 24631
ANPRM Comment Period End............   05/16/14
Comment Period End..................   07/17/14
NPRM................................   05/00/18
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Vicky Dunne, Department of Transportation, Federal 
Aviation Administration, 800 Independence Ave. SW, Washington, DC 
20591, Phone: 202-267-8522, Email: [email protected].
    RIN: 2120-AK09

153. +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 operation.
    Timetable:

[[Page 27185]]



------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/18
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dale Roberts, Department of Transportation, Federal 
Aviation Administration, 800 Independence Ave. SW, Washington, DC 
20591, Phone: 202-267-5749, Email: [email protected].
    RIN: 2120-AK22

154. +Pilot Records Database (HR 5900)

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 1155; 49 U.S.C. 40103; 
49 U.S.C. 40113; 49 U.S.C. 40119 and 40120; 49 U.S.C. 41706; 49 U.S.C. 
44101; 49 U.S.C. 44111; 49 U.S.C. 44701 to 44705; 49 U.S.C. 44709 to 
44713; 49 U.S.C. 44715 to 44717; 49 U.S.C. 44722; 49 U.S.C. 45101 to 
45105; 49 U.S.C. 46105; 49 U.S.C. 46306; 49 U.S.C. 46315 and 46316; 49 
U.S.C. 46504; 49 U.S.C. 46507; 49 U.S.C. 47122; 49 U.S.C. 47508; 49 
U.S.C. 47528 to 47531
    Abstract: This rulemaking would implement a Pilot Records Database 
as required by Public Law 111-216 (Aug. 1, 2010). Section 203 amends 
the Pilot Records Improvement Act by requiring the FAA to create a 
pilot records database that contains various types of pilot records. 
These records would be provided by the FAA, air carriers, and other 
persons who employ pilots. The FAA must maintain these records until it 
receives notice that a pilot is deceased. Air carriers would use this 
database to perform a record check on a pilot prior to making a hiring 
decision.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/18
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Christopher Morris, Department of Transportation, 
Federal Aviation Administration, 6500 S MacArthur Blvd., Oklahoma City, 
OK 73169, Phone: 405-954-4646, Email: [email protected].
    RIN: 2120-AK31

155. +Aircraft Registration and Airmen Certification Fees

    E.O. 13771 Designation: Other.
    Legal Authority: 31 U.S.C. 9701; 4 U.S.C. 1830; 49 U.S.C. 106(f) 
and (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; Public Law 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            FR Cite
------------------------------------------------------------------------
NPRM................................   07/00/18
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Isra Raza, Department of Transportation, Federal 
Aviation Administration, 800 Independence Ave. SW, Washington, DC 
20591, Phone: 202-267-8994, Email: [email protected].
    RIN: 2120-AK37

156. +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                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/00/19
------------------------------------------------------------------------

    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

157. +Operations of Small Unmanned Aircraft Over People

    E.O. 13771 Designation: Deregulatory.
    Legal Authority: 49 U.S.C. 106(f); 49 U.S.C. 40101; 49 U.S.C. 
40103(b); 49 U.S.C. 44701(a)(5); Pub. L. 112-95, sec. 333
    Abstract: This rulemaking would address the performance-based 
standards and means-of-compliance for operation of small unmanned 
aircraft systems (UAS) over people not directly participating in the 
operation or not under a covered structure or inside a stationary 
vehicle that can provide reasonable protection from a falling small 
unmanned aircraft. This rule would provide relief from certain 
operational restrictions implemented in the Operation and Certification 
of Small Unmanned Aircraft Systems final rule (RIN 2120-AJ60).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/00/18  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Guido Hassig, Department of Transportation, Federal 
Aviation Administration, 1 Airport Way, Rochester, NY 14624, Phone: 
585-436-3880, Email: [email protected].
    RIN: 2120-AK85

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Final Rule Stage

158. +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 mitigating risk, developing methods for ensuring 
continuous safety improvement, and creating

[[Page 27186]]

organization-wide safety promotion strategies.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
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..........................   09/00/18  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Keri Lyons, Department of Transportation, Federal 
Aviation Administration, 800 Independence Ave. SW, Washington, DC 
20591, Phone: 202-267-8972, Email: [email protected].
    RIN: 2120-AJ38

159. 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 and 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 not unnecessarily burdensome. 
The intended effect of these changes is to improve the clarity of the 
regulations and reduce burden on the industry and the FAA.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/01/16  81 FR 34919
NPRM Comment Period End.............   08/01/16  .......................
Final Rule..........................   05/00/18  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Joshua Easterson, Department of Transportation, 
Federal Aviation Administration, 800 Independence Ave. SW, Washington, 
DC 20591, Phone: 202-267-5150, Email: [email protected].
    RIN: 2120-AK76

160. +Registration and Marking Requirements or Small Unmanned Aircraft

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 49 U.S.C. 106(f), 49 U.S.C. 41703, 44101 to 44106, 
44110 to 44113, and 44701
    Abstract: This rulemaking would provide an alternative, 
streamlined, and simple web-based aircraft registration process for the 
registration of small unmanned aircraft, including small unmanned 
aircraft operated as model aircraft, to facilitate compliance with the 
statutory requirement that all aircraft register prior to operation. It 
would also provide a simpler method for marking small unmanned aircraft 
that is more appropriate for these aircraft. This action responds to 
public comments received regarding the proposed registration process in 
the Operation and Certification of Small Unmanned Aircraft notice of 
proposed rulemaking, the request for information regarding unmanned 
aircraft system registration, and the recommendations from the Unmanned 
Aircraft System Registration Task Force.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   12/16/15  80 FR 78593
Interim Final Rule Effective........   12/21/15  .......................
OMB Approval of Information            12/21/15  80 FR 79255
 Collection.
Interim Final Rule Comment Period      01/15/16  .......................
 End.
Final Rule..........................   12/00/18  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Sara Mikolop, Department of Transportation, Federal 
Aviation Administration, 800 Independence Ave. SW, Washington, DC 
20591, Phone: 202-267-7776, Email: [email protected].
    RIN: 2120-AK82

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Long-Term Actions

161. +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. 44105 and 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 and 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 and 46316; 49 U.S.C. 46504; 49 U.S.C. 46506 and 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

162. +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) and (g); 49 U.S.C. 40113; 49 
U.S.C. 41706; 49 U.S.C. 44701 and 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

[[Page 27187]]

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 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 an 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 Ave. NW, Washington, 
DC 20024, Phone: 202-267-4552, Email: [email protected].
    RIN: 2120-AK57
BILLING CODE 4910-13-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Proposed Rule Stage

163. Motorcoach Lap/Shoulder Seat Belts (Section 610 Review)

    E.O. 13771 Designation: Other.
    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            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/18  .......................
------------------------------------------------------------------------

    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: [email protected].
    RIN: 2126-AC08

164. Controlled Substances and Alcohol Testing: State Driver's 
Licensing Agency Downgrade of Commercial Driver's License (Section 610 
Review)

    E.O. 13771 Designation: Other.
    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:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/00/18  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    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: [email protected].
    RIN: 2126-AC11

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Final Rule Stage

165. 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
    Abstract: This rulemaking would amend Commercial Driver's License 
(CDL) regulations to allow a commercial learner's permit to be issued 
for 1 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                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/12/17  82 FR 26888
NPRM Comment Period End.............   08/11/17  .......................
Final Rule..........................   07/00/18  .......................
------------------------------------------------------------------------

    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: [email protected].
    RIN: 2126-AB98

[[Page 27188]]

166. Incorporation by Reference; North American Standard Out-of-Service 
Criteria; Hazardous Materials Safety Permits (Section 610 Review)

    E.O. 13771 Designation: Other.
    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-of-Service 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                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   11/00/18  .......................
------------------------------------------------------------------------

    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: 
[email protected].
    RIN: 2126-AC01

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Long-Term Actions

167. +Safety Monitoring System and Compliance Initiative for Mexico-
Domiciled Motor Carriers Operating in the United States

    E.O. 13771 Designation: Other.
    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 Mexico-domiciled carriers exercise 
basic safety management controls. The interim rule included 
requirements that were not proposed in the NPRM but which are necessary 
to comply with the FY-2002 DOT Appropriations Act. On January 16, 2003, 
the Ninth Circuit Court of Appeals remanded this rule, along with two 
other NAFTA-related rules, to the Agency, requiring a full 
environmental impact statement and an analysis required by the Clean 
Air Act. On June 7, 2004, the Supreme Court reversed the Ninth Circuit 
and remanded the case, holding that FMCSA is not required to prepare 
the environmental documents. FMCSA originally planned to publish a 
final rule by November 28, 2003.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/03/01  66 FR 22415
NPRM Comment Period End.............   07/02/01  .......................
Interim Final Rule..................   03/19/02  67 FR 12758
Interim Final Rule Comment Period      04/18/02  .......................
 End.
Interim Final Rule Effective........   05/03/02  .......................
Notice of Intent To Prepare an EIS..   08/26/03  68 FR 51322
EIS Public Scoping Meetings.........   10/08/03  68 FR 58162
Next Action Undetermined............             .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dolores Macias, Acting Division Chief, Department 
of Transportation, Federal Motor Carrier Safety Administration, 1200 
New Jersey Ave. SE, Washington, DC 20590, Phone: 202 366-2995, Email: 
[email protected].
    RIN: 2126-AA35

BILLING CODE 4910-EX-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Railroad Administration (FRA)

Final Rule Stage

168. +Passenger Equipment Safety Standards Amendments (RRTF)

    E.O. 13771 Designation: Deregulatory.
    Legal Authority: 49 U.S.C. 20103
    Abstract; This rulemaking would update existing safety standards 
for passenger rail equipment. Specifically, the rulemaking would add a 
new tier of passenger equipment safety standards (Tier III) to 
facilitate the safe implementation of nation-wide, interoperable, high-
speed passenger rail service at speeds up to 220 mph. The Tier III 
standards require operations at speeds above 125 mph to be in an 
exclusive right-of-way without grade crossings. This rule would also 
establish crashworthiness and occupant protection performance 
requirements as an alternative to those currently specified for Tier I 
passenger trainsets. Additionally, the rule would increase from 150 mph 
to 160 mph the maximum speed for passenger equipment that complies with 
FRA's Tier II standards. The rule is expected to ease regulatory 
burdens, allow the development of advanced technology, and increase 
safety benefits.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/06/16  81 FR 88006
NPRM Comment Period End.............   02/06/17  .......................
Final Rule..........................   09/00/18  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kathryn Gresham, Department of Transportation, 
Federal Railroad Administration, 1200 New Jersey Ave. SE, Washington, 
DC 20590, Phone: 202 493-6063, Email: [email protected].
    RIN: 2130-AC46

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Railroad Administration (FRA)

Long-Term Actions

169. +Train Crew Staffing and Location

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 28 U.S.C. 2461, note; 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.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/15/16  81 FR 13918
NPRM Comment Period End.............   05/16/16
Next Action Undetermined............
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kathryn Gresham, Trial Attorney, Department of

[[Page 27189]]

Transportation, Federal Railroad Administration, 1200 New Jersey Avenue 
SE, Washington, DC 20590, Phone: 202 493-6063, Email: 
[email protected].
    RIN: 2130-AC48

BILLING CODE 4910-06-P

DEPARTMENT OF TRANSPORTATION (DOT)

Saint Lawrence Seaway Development Corporation (SLSDC)

Completed Actions

170. Seaway Regulations and Rules: Periodic Update, Various Categories 
(Completion of 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:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   03/22/18  83 FR 12485
Final Rule Effective................   03/29/18  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Carrie Lavigne, Department of Transportation, Saint 
Lawrence Seaway Development Corporation, 1200 New Jersey Ave. SE, 
Washington, DC 20590, Phone: 315-764-3231, Email: [email protected].
    RIN: 2135-AA43

171. Tariff of Tolls (Completion of 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            FR Cite
------------------------------------------------------------------------
Final Rule..........................   03/23/18  83 FR 12667
Final Rule Effective................   03/29/18  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Carrie Lavigne, Department of Transportation, Saint 
Lawrence Seaway Development Corporation, 1200 New Jersey Ave. SE, 
Washington, DC 20590, Phone: 315-764-3231, Email: [email protected].
    RIN: 2135-AA44

BILLING CODE 4910-61-P

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Proposed Rule Stage

172. +Pipeline Safety: Amendments to Parts 192 and 195 To Require Valve 
Installation and Minimum Rupture Detection Standards

    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 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:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/00/18
------------------------------------------------------------------------

    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: [email protected].
    RIN: 2137-AF06

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Final Rule Stage

173. +Pipeline Safety: Safety of Hazardous Liquid Pipelines

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 49 U.S.C. 60101 et seq.
    Abstract: This rulemaking would amend the Pipeline Safety 
Regulations to improve protection of the public, property, and the 
environment by closing regulatory gaps where appropriate, and ensuring 
that operators are increasing the detection and remediation of unsafe 
conditions, and mitigating the adverse effects of hazardous liquid 
pipeline failures.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   10/18/10  75 FR 63774
Comment Period Extended.............   01/04/11  76 FR 303
ANPRM Comment Period End............   01/18/11
Extended Comment Period End.........   02/18/11
NPRM................................   10/13/15  80 FR 61610
NPRM Comment Period End.............   01/08/16
Final Rule..........................   09/00/18
------------------------------------------------------------------------

    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: 
[email protected].
    RIN: 2137-AE66

[[Page 27190]]

174. +Pipeline Safety: Issues Related to the Use of Plastic Pipe in Gas 
Pipeline Industry

    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                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/21/15  80 FR 29263
NPRM Comment Period End.............   07/31/15
Final Rule..........................   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: 
[email protected].
    RIN: 2137-AE93

175. +Hazardous Materials: Oil Spill Response Plans and Information 
Sharing for High-Hazard Flammable Trains

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 33 U.S.C. 1321; 49 U.S.C. 5101 et seq.
    Abstract: This rulemaking would expand the applicability of 
comprehensive oil spill response plans (OSRP) based on thresholds of 
liquid petroleum oil that apply to an entire train. The rulemaking 
would also require railroads to share information about high-hazard 
flammable train operations with State and Tribal emergency response 
commissions to improve community preparedness in accordance with the 
Fixing America's Surface Transportation Act of 2015 (FAST Act). 
Finally, the rulemaking would incorporate by reference an initial 
boiling point test for flammable liquids for better consistency with 
the American National Standards Institute/American Petroleum Institute 
Recommend Practices 3000, ``Classifying and Loading of Crude Oil into 
Rail Tank Cars,'' First Edition, September 2014.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   08/01/14  79 FR 45079
ANPRM Comment Period End............   09/30/14
NPRM................................   07/29/16  81 FR 50067
NPRM Comment Period End.............   09/27/16
Final Rule..........................   09/00/18
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Victoria Lehman, Transportation Specialist, 
Department of Transportation, Pipeline and Hazardous Materials Safety 
Administration, 1200 New Jersey Ave. SE, Washington, DC 20590, Phone: 
202-366-8553, Email: [email protected].
    RIN: 2137-AF08

[FR Doc. 2018-11270 Filed 6-8-18; 8:45 am]
 BILLING CODE 4910-60-P