Department Regulatory and Deregulatory Agenda; Semiannual Summary, 71161-71179 [2019-26583]
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Vol. 84
Thursday,
No. 247
December 26, 2019
Part XI
Department of Transportation
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Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / UA: Reg Flex Agenda
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
SUPPLEMENTARY INFORMATION:
49 CFR Subtitle A, Chs. I–VI, and Chs.
X–XII
[DOT–OST–1999–5129]
Department Regulatory and
Deregulatory Agenda; Semiannual
Summary
Office of the Secretary, DOT.
Unified Agenda of Federal
Regulatory and Deregulatory Actions
(Regulatory Agenda).
AGENCY:
ACTION:
The Regulatory and
Deregulatory Agenda is a semiannual
summary of all current and projected
rulemakings, reviews of existing
regulations, and completed actions of
the Department. The intent of the
Agenda is to provide the public with
information about the Department of
Transportation’s regulatory activity
planned for the next 12 months. It is
expected that this information will
enable the public to more effectively
participate in the Department’s
regulatory process. The public is also
invited to submit comments on any
aspect of this Agenda.
FOR FURTHER INFORMATION CONTACT:
SUMMARY:
General
You should direct all comments and
inquiries on the Agenda in general to
Jonathan Moss, Assistant General
Counsel for Regulation, Office of
General Counsel, Department of
Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590;
(202) 366–4723.
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Specific
You should direct all comments and
inquiries on particular items in the
Agenda to the individual listed for the
regulation or the general rulemaking
contact person for the operating
administration in appendix B.
Table of Contents
Supplementary Information:
Background
Significant/Priority Rulemakings
Explanation of Information on the
Agenda
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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
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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 nonregulatory solutions and have rigorous
processes in place for continual
reassessment of existing regulations.
These processes provide that regulations
and other agency actions are
periodically reviewed and, if
appropriate, are revised to ensure that
they continue to meet the needs for
which they were originally designed,
and that they remain cost-effective and
cost-justified.
To help the Department achieve its
goals and in accordance with Executive
Order (E.O.) 12866, ‘‘Regulatory
Planning and Review,’’ (58 FR 51735;
Oct. 4, 1993) and the Department’s
Regulatory Policies and Procedures (44
FR 11034; Feb. 26, 1979), the
Department prepares a semiannual
regulatory and deregulatory agenda. It
summarizes all current and projected
rulemakings, reviews of existing
regulations, and completed actions of
the Department. These are matters on
which action has begun or is projected
during the next 12 months or for which
action has been completed since the last
Agenda.
In addition, this Agenda was prepared
in accordance with three Executive
orders issued by President Trump,
which directed agencies to further
scrutinize their regulations and other
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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. As a
result of the RRTF’s work, since January
2017, the Department has issued
deregulatory actions that reduce
regulatory costs on the public by over
$3.2 billion (in net present value cost
savings). Even when the costs of
significant regulatory actions are
factored in, the Department’s
deregulatory actions still result in over
$2.9 billion in net cost savings (in net
present value). With the RRTF’s
assistance, the Department has achieved
these cost savings in a manner that is
fully consistent with enhancing safety.
For example, in March 2019, FMCSA
promulgated a rule titled ELDT Class B
to Class A Upgrade, which will save
truck drivers more than $250 million by
making it easier (and cheaper) for a
driver who already holds a Class B CDL
to upgrade to a Class A CDL, without
having to take the same training again.
This reduces waste without affecting
safety.
The Department has also significantly
increased the number of deregulatory
actions it is pursuing. Today, DOT is
pursuing over 130 deregulatory
rulemakings, up from just 16 in the fall
of 2016.
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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
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 integration of automated
vehicles, while continuing to focus on
safety. Automated 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 regulatory actions that; (1) allow
for permanent updates to current
FMVSS reflecting new technology; and
(2) 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
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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 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. The FAA has
proposed a rule that will fundamentally
change how FAA licenses launches and
reentries of commercial space vehicles
moving from prescriptive requirements
to a performance based approach.
Explanation of Information in the
Agenda
An Office of Management and Budget
memorandum, dated June 26, 2019,
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
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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
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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
you, the public, to make suggestions or
comments on how the Agenda could be
further improved.
Reviews
We also seek your suggestions on
which of our existing regulations you
believe need to be reviewed to
determine whether they should be
revised or revoked. We particularly
draw your attention to the Department’s
review plan in appendix D.
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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
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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.
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—Brandon Roberts, Acting
Executive Director, Office of
Rulemaking, 800 Independence Avenue
SW, Washington, DC 20591; telephone
(202) 267–9677.
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.
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FRA—Amanda Maizel, Office of Chief
Counsel, 1200 New Jersey Avenue SE,
Washington, DC 20590; telephone (202)
493–8014.
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
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section 610 of the Regulatory Flexibility
Act to conduct such reviews. This
includes the designation of a Regulatory
Reform Officer, the establishment of a
Regulatory Reform Task Force, and the
use of plain language techniques in new
rules and considering its use in existing
rules when we have the opportunity and
resources to revise them. We are
committed to continuing our reviews of
existing rules and, if it is needed, will
initiate rulemaking actions based on
these reviews. The Department will
begin a new 10-year review cycle with
the Fall 2018 Agenda.
Section 610 Review Plan
Section 610 requires that we conduct
reviews of rules that: (1) Have been
published within the last 10 years; and
(2) have a ‘‘significant economic impact
on a substantial number of small
entities’’ (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
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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 be reviewed
1 ........................
2
3
4
5
6
7
8
9
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
(2018) begins in the fall of 2018 and
ends in the fall of 2019; Year 2 (2019)
begins in the fall of 2019 and ends in
the fall of 2020, 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 analyses should be submitted to
the regulatory contacts listed in
appendix B, General Rulemaking
Contact Persons.
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Analysis year
parts 91 through 99 ....................................................................................................
parts 200 through 212
parts 1201 through 1224
parts 1227 through 1253 and new parts and subparts ..............................................
parts 213 through 232 ................................................................................................
parts 234 through 254 ................................................................................................
parts 255 through 298 and 49 CFR part 40 ...............................................................
parts 300 through 373 ................................................................................................
parts 374 through 398 ................................................................................................
part 399 and 49 CFR parts 1 through 15 ...................................................................
parts 17 through 28 ....................................................................................................
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Year
Regulations to be reviewed
10 ......................
49 CFR parts 29 through 39 and parts 41 through 89 ............................................................
Year 1 (Fall 2018) List of Rules That Are
Under Ongoing Analysis
49 CFR part 91—International Air
Transportation Fair Competitive
Practices
49 CFR part 92—Recovering Debts to the
United States by Salary Offset
• Section 610: OST conducted a
Section 610 review of this part and
found no SEISNOSE.
• General: The agency is aware of
several outdated references to operating
administrations within the Department
that need to be updated. OST’s plain
language review of these rules indicates
no need for substantial revision.
49 CFR part 93—Aircraft Allocation
49 CFR part 98—Enforcement of
Restrictions on Post-Employment
Activities
49 CFR part 99—Employee
Responsibilities and Conduct
14 CFR part 200—Definitions and
Instructions
14 CFR part 201—Air Carrier Authority
Under Subtitle VII of Title 49 of the
United States Code [Amended]
14 CFR part 203—Waiver of Warsaw
Convention Liability Limits and
Defenses
14 CFR part 204—Data To Support
Fitness Determinations
14 CFR part 205—Aircraft Accident
Liability Insurance
14 CFR part 206—Certificates of Public
Convenience and Necessity: Special
Authorizations and Exemptions
14 CFR part 207—Charter Trips by U.S.
Scheduled Air Carriers
14 CFR part 208—Charter Trips by U.S.
Charter Air Carriers
14 CFR part 211—Applications for
Permits to Foreign Air Carriers
14 CFR part 212—Charter Rules for U.S.
and Foreign Direct Air Carriers
48 CFR part 1201—Federal Acquisition
Regulations System
khammond on DSKJM1Z7X2PROD with PROPOSALS11
Year
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
Year 2 (Fall 2019) List of Rules That
Will Be Analyzed During the Next Year
48 CFR parts 1227 through 1253 and
new parts and subparts
48 CFR part 1227—Patents, Data, and
Copyrights
48 CFR part 1228—Bonds and Insurance
48 CFR part 1231—Contract Costs
Principles and Procedures
14
14
14
14
14
14
14
14
14
14
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CFR
CFR
CFR
CFR
CFR
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parts
parts
parts
parts
parts
parts
parts
parts
parts
parts
18:56 Dec 23, 2019
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Federal Aviation Administration
Section 610 and Other Reviews
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.
Analysis year
133 through 139 and parts 157 through 169 ....................................................
141 through 147 and parts 170 through 187 ....................................................
189 through 198 and parts 1 through 16 ..........................................................
17 through 33 ....................................................................................................
34 through 39 and parts 400 through 405 ........................................................
43 through 49 and parts 406 through 415 ........................................................
60 through 77 ....................................................................................................
91 through 105 ..................................................................................................
417 through 460 ................................................................................................
119 through 129 and parts 150 through 156 ....................................................
Jkt 250001
Review year
48 CFR part 1232—Contract Financing
48 CFR part 1233—Protests, Disputes,
and Appeals
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 1239—Acquisition of
Information Technology
48 CFR part 1242—Contract
Administration and Audit Services
48 CFR part 1245—Government
Contracting
48 CFR part 1246—Quality Assurance
48 CFR part 1247—Transportation
48 CFR part 1252—Solicitation
Provisions and Contract Clauses
48 CFR part 1253—Forms
Regulations to be reviewed
1 ........................
2 ........................
3 ........................
4 ........................
5 ........................
6 ........................
7 ........................
8 ........................
9 ........................
10 ......................
VerDate Sep<11>2014
Analysis year
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2020
2021
2022
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Review year
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
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Defining SEISNOSE for FAA
Regulations
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:
1. Review of the number of small
entities affected by the amendments to
parts 133 through 139 and parts 157
through 169.
2. Identification and analysis of all
amendments to parts 133 through 139
and parts 157 through 169 since 2009 to
determine whether any still have or now
have a SEISNOSE.
3. Review of the FAA’s regulatory
flexibility assessment of each
amendment performed as required by
the RFA.
khammond on DSKJM1Z7X2PROD with PROPOSALS11
Year 2 (2020) List of Rules To Be
Analyzed the Next Year
14 CFR part 141—Pilot Schools
14 CFR part 142—Training Centers
14 CFR part 143—Reserved
14 CFR part 145—Repair Stations
14 CFR part 147—Aviation Maintenance
Technician Schools
14 CFR part 170—Establishment and
Discontinuance Criteria for Air
Traffic Control Services and
Navigational Facilities
14 CFR part 171—Non-Federal
Navigation Facilities
14 CFR part 183—Representatives of the
Administrator
14 CFR part 185—Testimony by
Employees and Production of
Records in Legal Proceedings, and
Service of Legal Process and
Pleadings
14 CFR part 187—Fees
Year 2 (2019) List of Rules To Be
Analyzed the Next Year
14 CFR part 133—Rotorcraft ExternalLoad Operations
14 CFR part 135—Operating
Requirements: Commuter and On
Demand Operations and Rules
Governing Persons on Board Such
Aircraft
14 CFR part 136—Commercial Air Tours
and National Parks Air Tour
Management
14 CFR part 137—Agricultural Aircraft
Operations
14 CFR part 139—Certification of
Airports
14 CFR part 157—Notice of
Construction, Alteration,
Activation, and Deactivation of
Airports
14 CFR part 158—Passenger Facility
Charges
14 CFR part 161—Notice and Approval
of Airport Noise and Access
Restrictions
14 CFR part 169—Expenditure of
Federal Funds for Nonmilitary
Airports or Air Navigation Facilities
Thereon
Year 1 (2018) List of Rules Analyzed
and Summary of Results
14 CFR part 133—Rotorcraft ExternalLoad Operations
• 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.
14 CFR part 135—Operating
Requirements: Commuter and On
Demand Operations and Rules
Governing Persons on Board Such
Aircraft
• Section 610: The agency conducted
a Section 610 review of this part and
found Amendment 135–129, 79 FR
9973, Feb. 21, 2014 section 135.117
Briefing of passengers before flight in 14
CFR 135 promulgated since January
2009 has a SEISNOSE within the
meaning of the RFA.
• General: The FAA has considered a
number of alternatives and has taken
steps to minimize the impact on small
entities in attempts to lower compliance
costs for small entities, but could not go
forward without compromising the
safety for the industry. No revisions are
needed.
14 CFR part 136—Commercial Air Tours
and National Parks Air Tour
Management
• Section 610: The agency conducted
a Section 610 review of this part and
determined no amendments to 14 CFR
part 136 published since 2009. Thus, no
SEISNOSE exists in this part.
• General: No changes are needed.
14 CFR part 137—Agricultural Aircraft
Operations
• 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.
14 CFR part 139—Certification of
Airports
• 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
14 CFR part 157—Notice of
Construction, Alteration,
Activation, and Deactivation of
Airports
• Section 610: The agency conducted
a Section 610 review of this part and
determined no amendments to 14 CFR
part 136 published since 2009. Thus, no
SEISNOSE exists in this part.
• General: No changes are needed.
14 CFR part 158—Passenger Facility
Charges
• Section 610: The agency conducted
a Section 610 review of this part and
determined no amendments to 14 CFR
part 136 published since 2009. Thus, no
SEISNOSE exists in this part.
• General: No changes are needed.
14 CFR part 161—Notice and Approval
of Airport Noise and Access
Restrictions
• Section 610: The agency conducted
a Section 610 review of this part and
determined no amendments to 14 CFR
part 136 published since 2009. Thus, no
SEISNOSE exists in this part.
• General: No changes are needed.
14 CFR part 169—Expenditure of
Federal Funds for Nonmilitary
Airports or Air Navigation Facilities
Thereon
• Section 610: The agency conducted
a Section 610 review of this part and
determined no amendments to 14 CFR
part 136 published since 2009. Thus, no
SEISNOSE exists in this part.
• General: No changes are needed.
Federal Highway Administration
Section 610 and Other Reviews
Year
Regulations to be reviewed
1 ........................
None .........................................................................................................................................
VerDate Sep<11>2014
18:56 Dec 23, 2019
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2019
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Year
Regulations to be reviewed
2 ........................
3 ........................
4 ........................
5 ........................
6 ........................
7 ........................
8 ........................
9 ........................
10 ......................
23 CFR parts 1 to 260 ..............................................................................................................
23 CFR parts 420 to 470 ..........................................................................................................
23 CFR part 500 .......................................................................................................................
23 CFR parts 620 to 637 ..........................................................................................................
23 CFR parts 645 to 669 ..........................................................................................................
23 CFR parts 710 to 924 ..........................................................................................................
23 CFR parts 940 to 973 ..........................................................................................................
23 CFR parts 1200 to 1252 ......................................................................................................
New parts and subparts ...........................................................................................................
Federal-Aid Highway Program
The Federal Highway Administration
(FHWA) has adopted regulations in title
23 of the CFR, chapter I, related to the
Federal-Aid Highway Program. These
regulations implement and carry out the
provisions of Federal law relating to the
administration of Federal aid for
highways. The primary law authorizing
Federal aid for highways is chapter I of
title 23 of the U.S.C. 145, which
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 construction
and other work related to highways.
Because the regulations in title 23
Year
khammond on DSKJM1Z7X2PROD with PROPOSALS11
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 1 (Fall 2018) List of Rules
Analyzed and a Summary of Results
None
Year 2 (Fall 2019) List of Rules That
Will Be Analyzed During the Next Year
23 CFR part 1—General
23 CFR part 140—Reimbursement
23 CFR part 172—Procurement,
management, and administration of
49
49
49
49
49
49
49
49
49
49
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
2019
2020
2021
2022
2023
2024
2025
2026
2027
Section 610 and Other Reviews
Analysis year
18:56 Dec 23, 2019
Jkt 250001
reduced operational cost, maximized
productivity, lowered insurance,
improved vehicle diagnostics, reduced
administrative burden, and increased
profits.
General: FMCSA currently is engaged
in rulemakings that would: (1) Add
flexibilities to the HOS regulations; and
(2) clarify the meaning of ‘‘agricultural
commodities’’ whose transport is
exempt from the HOS regulations if
certain requirements are met. Aside
from the issues being addressed in these
rulemakings, FMCSA has determined
that the regulatory value of the HOS
regulations is significant and that it
should be retained. The rule reduces
fatigue related crashes, fatalities, and
injuries. These regulations are written
consistent with plain language
guidelines, and uses clear and
unambiguous language. The cost burden
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2021
2022
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2028
Federal Motor Carrier Safety
Administration
parts 386 .....................................................................................................................
part 385 .......................................................................................................................
part 383 and 384 ........................................................................................................
parts 382 .....................................................................................................................
part 387 .......................................................................................................................
part 398 .......................................................................................................................
part 392 .......................................................................................................................
part 375 .......................................................................................................................
part 367 .......................................................................................................................
part 395 .......................................................................................................................
Year 10 (Fall 2018) List of Rules With
Ongoing Analysis
49 CFR part 395—Hours of Service
(HOS) of Drivers
Section 610: FMCSA conducted a
review of 49 CFR part 395, and found
there was a significant economic impact
on a substantial number of small entities
(SEIOSNOSE). The rule restricts the
number of hours that a commercial
driver can operate a commercial motor
vehicle (CMV). The SEIOSNOSE is
driven by the potential loss of revenue
that drivers and motor carriers could
experience if they could operate without
restriction. The Federal HOS regulations
promote safe driving of CMV’s by
limiting on-duty driving time; thereby
improving the likelihood that drivers
have adequate time for restorative rest.
Tangible benefits to small businesses
include; streamlined operations,
Review year
engineering and design related
services
23 CFR part 180—Credit assistance for
surface transportation projects
23 CFR part 190—Incentive payments
for controlling outdoor advertising
on the interstate system
23 CFR part 192—Drug offender’s
driver’s license suspension
23 CFR part 200—Title VI program and
related statutes—implementation
and review procedures
23 CFR part 230—External programs
23 CFR part 260—Education and
training programs
Regulations to be reviewed
1 ........................
2 ........................
3 ........................
4 ........................
5 ........................
6 ........................
7 ........................
8 ........................
9 ........................
10 ......................
VerDate Sep<11>2014
Analysis year
Review year
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
imposed on a small business is
reasonable when compared to the
benefits.
Year 1 (2019) List of Rules With
Ongoing Analysis
49 CFR part 386 Rules of Practice for
Motor Carrier, Intermodal
Equipment Provider, Broker,
Freight Forwarder, and Hazardous
Materials Proceedings
Section 610: FMCSA conducted a
review of 49 CFR part 386, and found
no SEIOSNOSE. 49 CFR part 386 is a
permissive set of rules that establish
procedures and proceedings for
respondents, petitioners, and others
seeking relief from a determination of
non-compliance with Federal Motor
Carrier Safety Regulations or Hazardous
Materials Regulations. The rule also
provides a recourse for commercial
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Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / UA: Reg Flex Agenda
drivers to report harassment or coercion.
Although not required by the rule, a
small business could elect to incur
significant attorney and court fees to
challenge an unfavorable decision.
General: There is no need for
substantial revision. These regulations
provide necessary/clear guidance to
Year
49
23
49
49
49
49
49
49
49
49
CFR parts
CFR parts
CFR parts
CFR parts
CFR parts
CFR parts
CFR parts
parts CFR
parts CFR
CFR parts
49 CFR part 385—Safety Fitness
Procedures
National Highway Traffic Safety
Administration
Section 610 and Other Reviews
Analysis year
571.223 through 571.500, and parts 575 and 579 ...........................................
1200 and 1300 ...................................................................................................
501 through 526 and 571.213 ...........................................................................
571.131, 571.217, 571.220, 571.221, and 571.222 ..........................................
571.101 through 571.110, and 571.135, 571.136, 571.138 and 571.139 ........
571.141, 529 through 578, except parts 571 and 575 ......................................
571.111 through 571.129 and 580 through 588 ...............................................
571.201 through 571.212 ..................................................................................
571.214 through 571.219, except 571.217 .......................................................
591 through 595 and new parts and subparts ..................................................
Year 1 (Fall 2019) List of Rules With
Ongoing Analysis
49 CFR part 571.223—Rear Impact
Guards
49 CFR part 571.224—Rear Impact
Protection
49 CFR part 571.225—Child Restraint
Anchorage Systems
49 CFR part 571.226—Ejection
Mitigation
49 CFR part 571.301—Fuel System
Integrity
49 CFR part 571.302—Flammability of
Interior Materials
Year
49 CFR part 571.303—Fuel System
Integrity of Compressed Natural Gas
Vehicles
49 CFR part 571.304—Compressed
Natural Gas Fuel Container Integrity
49 CFR part 571.305—Electric-Powered
Vehicles: Electrolyte Spillage and
Electrical Shock Protection
49 CFR part 571.401—Interior Trunk
Release
49 CFR part 571.403—Platform Lift
Systems for Motor Vehicles
49 CFR part 571.404—Platform Lift
Installations in Motor Vehicles
49 CFR part 571.500—Low-Speed
Vehicles
49
49
49
49
49
49
49
49
49
49
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
parts
parts
parts
parts
parts
parts
parts
parts
parts
parts
200,
211,
216,
221,
227,
232,
237,
242,
261,
269,
207,
212,
217,
222,
228,
233,
238,
243,
262,
270,
49 CFR part 200—Informal Rules of
Practice for Passenger Service
D Section 610: There is no
SEIOSNOSE.
D General: The rule prescribes
procedures under which applications
are received and heard and by which
rules and orders are issued primarily
affecting the Class I railroads and
Amtrak, none of which are small
entities. FRA’s plain language review of
this rule indicates no need for
substantial revision.
18:56 Dec 23, 2019
Jkt 250001
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
Section 610 and Other Reviews
Analysis year
49 CFR part 207—Railroad Police
Officers
D Section 610: There is no
SEIOSNOSE.
D General: No changes are needed.
These regulations are cost effective and
impose the least burden. FRA’s plain
language review of this rule indicates no
need for substantial revision.
49 CFR part 209—Railroad Safety
Enforcement Procedures
D Section 610: There is no
SEIOSNOSE.
D General: No changes are needed.
These regulations are cost effective and
impose the least burden. FRA’s plain
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2020
2021
2022
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Federal Railroad Administration
209, and 210 .....................................................................................
213, 214, and 215 .............................................................................
218, 219, and 220 .............................................................................
223, 224, and 225 .............................................................................
229, 230, and 231 .............................................................................
234, 235, and 236 .............................................................................
249, 240, and 241 .............................................................................
244, 250, and 256 .............................................................................
264, 266, and 268 .............................................................................
and 272 .............................................................................................
Year 1 (Fall 2018) List of Rules
Analyzed and a Summary of Results
Review year
49 CFR part 575—Consumer
Information
49 CFR part 579—Reporting of
Information and Communications
About Potential Defects
23 CFR part 1200 Uniform Procedures
for State Highway Safety Grant
Programs
23 CFR part 1300 Uniform Procedures
for State Highway Safety Grant
Programs
Regulations to be reviewed
1 ........................
2 ........................
3 ........................
4 ........................
5 ........................
6 ........................
7 ........................
8 ........................
9 ........................
10 ......................
khammond on DSKJM1Z7X2PROD with PROPOSALS11
Year 2 (2020) List of Rules That Will Be
Analyzed During the Next Year
Regulations to be reviewed
1 ........................
2 ........................
3 ........................
4 ........................
5 ........................
6 ........................
7 ........................
8 ........................
9 ........................
10 ......................
VerDate Sep<11>2014
industry and drivers. The regulations
are written consistent with plain
language guidelines, are cost effective,
and impose the least economic burden
to industry.
Review year
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
language review of this rule indicates no
need for substantial revision.
49 CFR part 210—Railroad Noise
Emission Compliance Regulations
D Section 610: There is no
SEIOSNOSE.
D General: To support high-speed rail
operations, FRA has identified
substantive changes to the regulations.
Year 2 (Fall 2019) List of Rules(s) That
Will Be Analyzed During Next Year
49 CFR part 211—Rules of Practice
49 CFR part 212—State Safety
Participation Regulations
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Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / UA: Reg Flex Agenda
49 CFR part 213—Track Safety
Standards
49 CFR part 214—Railroad Workplace
Safety
49 CFR part 215—Railroad Freight Car
Safety Standards
Federal Transit Administration
Section 610 and Other Reviews
The Regulatory Flexibility Act of 1980
(RFA), as amended (sections 601
through 612 of title 5, United States
Code), requires Federal regulatory
Year
process used by most Department of
Transportation (DOT) modes. As such,
FTA has divided its rules into 10 groups
as displayed in the table below. During
the analysis year, the listed rules will be
analyzed to identify those with a
SEISNOSE. During 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
the impact on small entities.
Regulations to be reviewed
1 ........................
2 ........................
3 ........................
4 ........................
5 ........................
6 ........................
7 ........................
8 ........................
9 ........................
10 ......................
49
49
49
49
49
49
49
49
49
49
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
Analysis year
parts 604, 605, and 624 .............................................................................................
parts 609 and 640 .......................................................................................................
part 633 .......................................................................................................................
part 611 .......................................................................................................................
part 655 .......................................................................................................................
parts 602 and 614 .......................................................................................................
parts 661 and 663 .......................................................................................................
parts 625, 630, and 665 .............................................................................................
parts 613, 622, 670 and 674 ......................................................................................
parts 650, 672 and 673 ..............................................................................................
Year 1 (2018) List of Rules Analyzed
and Summary of Results
49 CFR part 604—Charter Service
• Section 610: FTA conducted a
Section 610 review of 49 CFR part 604,
and determined that it would not result
in a SEISNOSE within the meaning of
the RFA. The Charter Service rule
ensures that transit agencies, subsidized
with federal funds, do not unfairly
compete with privately-owned charter
bus companies. The rule also provides
an exception that allows public
transportation agencies to provide
charter service to qualified
organizations for the purpose of serving
persons with mobility limitations
related to advanced age, persons with
disabilities, or persons with low
income. As such, the rule is in place to
protect small entities.
• General: No changes are needed.
The regulation implements the
requirements of 49 U.S.C. 5323(d), FTA
estimated the costs and projected
benefits of the rule and believes it is
cost-effective and imposes the least
burden for statutory compliance. FTA’s
khammond on DSKJM1Z7X2PROD with PROPOSALS11
agencies to analyze all proposed and
final rules to determine their economic
impact on small entities, which include
small businesses, organizations, and
governmental jurisdictions. Section 610
requires government agencies to
periodically review all regulations that
will have a significant economic impact
on a substantial number of small entities
(SEISNOSE).
In complying with this section, the
Federal Transit Administration (FTA)
has elected to use the two-step, two-year
plain language review of this rule
indicates no need for substantial
revision.
49 CFR part 605—School Bus
Operations
• Section 610: FTA conducted a
Section 610 review of 49 CFR part 605
and determined that it would not result
in a SEISNOSE within the meaning of
the RFA. The School Bus Operations
regulation ensures that transit agencies,
subsidized with federal funds, do not
engage in operations exclusively for the
transportation of students and school
personnel. This type of exclusive
service is not public transportation and
would unfairly compete with private
school bus operators. As such, the rule
is in place to protect small entities.
• General: No changes are needed.
The regulation implements the
requirements of 49 U.S.C. 5323(f). FTA
estimated the costs and projected
benefits of the rule and believes it is
cost-effective and imposes the least
burden for statutory compliance. FTA’s
plain language review of this rule
indicates no need for substantial
revision.
49 CFR part 609—Transportation for
Elderly and Handicapped Persons
49 CFR part 640—Credit Assistance for
Surface Transportation Project
Maritime Administration
Section 610 and Other Reviews
1 ........................
46 CFR parts 201 through 205, 46 CFR parts 315 through 340, 46 CFR part 345 through
347, and 46 CFR parts 381 and 382.
46 CFR parts 221 through 232 ................................................................................................
46 CFR parts 249 through 296 ................................................................................................
46 CFR parts 221, 298, 308, and 309 .....................................................................................
46 CFR parts 307 through 309 ................................................................................................
46 CFR part 310 .......................................................................................................................
46 CFR parts 315 through 340 ................................................................................................
46 CFR parts 345 through 381 ................................................................................................
46 CFR parts 382 through 389 ................................................................................................
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2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
Year 2 (2019) List of Rules To Be
Analyzed the Next Year
Regulations to be reviewed
........................
........................
........................
........................
........................
........................
........................
........................
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
49 CFR part 624—Clean Fuels Grant
Program
• Section 610: FTA conducted a
Section 610 review of 49 CFR part 624
and determined that it would not result
in a SEISNOSE within the meaning of
the RFA. However, the Clean Fuels
Grant Program was repealed by Section
20002 of the Moving Ahead for Progress
in the 21st Century (MAP–21) Act (Pub.
L. 112–141), and therefore, part 624
implements a program no longer
authorized by law.
• General: FTA will rescind 49 CFR
part 624, because the requirements set
forth in the rule were rendered obsolete
by statute.
Year
2
3
4
5
6
7
8
9
Review year
Analysis year
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Review year
2018
2019
2019
2020
2021
2022
2023
2024
2025
2026
2020
2021
2022
2023
2024
2025
2026
2027
71171
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Year
Regulations to be reviewed
10 ......................
46 CFR parts 390 through 393 ................................................................................................
Year 1 (2018) List of Rules With
Ongoing Analysis
46 CFR part 201—Rules of Practice and
Procedure
46 CFR part 202—Procedures relating to
review by Secretary of
Transportation of actions by
Maritime Subsidy Board
46 CFR part 203—Procedures relating to
conduct of certain hearings under
the Merchant Marine Act, 1936, as
amended
46 CFR part 204—Claims against the
Maritime Administration under the
Federal Tort Claims Act
46 CFR part 205—Audit Appeals; Policy
and Procedure
46 CFR part 315—Agency Agreements
and Appointment of Agents
46 CFR part 317—Bonding of Ship’s
Personnel
46 CFR part 324—Procedural Rules for
Financial Transactions Under
Agency Agreements
46 CFR part 325—Procedure to Be
Followed by General Agents in
Preparation of Invoices and
Payment of Compensation Pursuant
to Provisions of NSA Order No. 47
46 CFR part 326—Marine Protection and
Indemnity Insurance Under
Agreements with Agents
Year
49
49
49
49
49
49
49
49
49
49
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
49 CFR part 178—Specifications for
Packaging Section 610: PHMSA
conducted a review of this part and
found no SEISNOSE.
• General: PHMSA has reviewed this
part and found that while the part does
not have a SEISNOSE, it could be
streamlined to reflect new technologies
and harmonize with certain
international references. Therefore, even
though the review indicated that the
economic impact on small entities is not
significant, PHMSA has initiated
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46 CFR part 340—Priority Use and
Allocation of Shipping Services,
Containers and Chassis, and Port
Facilities and Services for National
Security and National Defense
Related Operations
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 347—Operating Contract
46 CFR part 381—Cargo Preference—
U.S.-Flag Vessels
46 CFR part 382—Determination of Fair
and Reasonable Rates for the
Carriage of Bulk and Packaged
Preference Cargoes on U.S.-Flag
Commercial Vessels
Year 2 (Fall 2019) List of Rules That
Will Be Analyzed During the Next Year
46 CFR parts 221 and 232
46 CFR part 221 Regulated Transactions
Involving Documented Vessels and
Other Maritime Interests
46 CFR 232 Uniform Financial
Reporting Requirements
Pipeline and Hazardous Materials
Safety Administration (PHMSA)
Section 610 and Other Reviews
Analysis year
multiple new deregulatory rulemakings
to reduce the compliance burdens of
part 178. Further, PHMSA’s plain
language review of this part indicates no
need for substantial revision. Where
confusing or wordy language has been
identified, PHMSA plans to propose or
finalize revisions in the upcoming
biennial international harmonization
rulemaking or other deregulatory
rulemakings.
For example, the Harmonization of
International Standards, 2137–AF32,
rulemaking action is part of PHMSA’s
ongoing biennial process to harmonize
the HMR with international regulations
Review year
2027
part 178 .......................................................................................................................
parts 178 through 180 ................................................................................................
parts 172 and 175 .......................................................................................................
part 171, sections 171.15 and 171.16 ........................................................................
parts 106, 107, 171, 190, and 195 .............................................................................
parts 174, 177, and 199 .............................................................................................
parts 176, 191 and 192 ..............................................................................................
parts 172 and 178 .......................................................................................................
parts 172, 173, 174, 176, 177, and 193 .....................................................................
parts 173 and 194 .......................................................................................................
Year 1 (Fall 2019) List of Rules
Analyzed and a Summary of Results
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46 CFR part 327—Seamen’s Claims;
Administrative Action and
Litigation
46 CFR part 328—Slop Chests
46 CFR part 329—Voyage Data
46 CFR part 330—Launch Services
46 CFR part 332—Repatriation of
Seamen
46 CFR part 335—Authority and
Responsibility of General Agents to
Undertake Emergency Repairs in
Foreign Ports
46 CFR part 336—Authority and
Responsibility of General Agents to
Undertake in Continental United
States Ports Voyage Repairs and
Service Equipment of Vessels
Operated for the Account of The
National Shipping Authority Under
General Agency Agreement
46 CFR part 337—General Agent’s
Responsibility in Connection with
Foreign Repair Custom’s Entries
46 CFR part 338—Procedure for
Accomplishment of Vessel Repairs
Under National Shipping Authority
Master Lump Sum Repair
Contract—NSA-Lumpsumrep
46 CFR part 339—Procedure for
Accomplishment of Ship Repairs
Under National Shipping Authority
Individual Contract for Minor
Repairs—NSA-Worksmalrep
Regulations to be reviewed
1 ........................
2 ........................
3 ........................
4 ........................
5 ........................
6 ........................
7 ........................
8 ........................
9 ........................
10 ......................
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Analysis year
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
Review year
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
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.
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71172
Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / UA: Reg Flex Agenda
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 the 2137–AF32
rulemaking will have on small entities
is not expected to be significant. The
rulemaking will clarify 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, positive economic
benefits to shippers, carriers, and
packaging manufacturers and testers,
including small entities.
In conclusion, many companies will
realize economic benefits, because of
the amendments in the 2137–AF32
rulemaking. The amendments are
expected to result in an overall net cost
savings and ease the regulatory
compliance burden for shippers engaged
in domestic and international
commerce, including trans-border
shipments within North America.
Additionally, the effective changes of
this rulemaking will relieve U.S.
companies, including small entities
competing in foreign markets, from the
burden of complying with a dual system
of regulations. This rulemaking is one
example of PHMSA’s review of
rulemakings which ensures that our
rules do not have a significant economic
impact on a substantial number of small
entities.
Year 2 (Fall 2020) List of Rules That
Will Be Analyzed During the Next Year
49 CFR part 178—Specifications of
Packagings
49 CFR part 179—Specifications for
Tank Cars
49 CFR part 180—Continuing
Qualification and Maintenance of
Packagings
Saint Lawrence Seaway Development
Corporation
Section 610 and Other Reviews
Year
Regulations to be reviewed
Analysis year
1 ........................
*33 CFR parts 401 through 403 ...............................................................................................
2018
Review year
2019
*The review for these regulations is recurring each year of the 10-year review cycle (currently 2018 through 2027).
Year 1 (Fall 2018) List of Rules That
Will Be Analyzed During the Next Year
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
Identifier No.
Sequence No.
Title
303 ....................
304 ....................
+Defining Unfair or Deceptive Practices ..........................................................................................................
+Accessible Lavatories on Single-Aisle Aircraft: Part I (Rulemaking Resulting From a Section 610 Review).
2105–AE72
2105–AE88
+ DOT-designated significant regulation.
FEDERAL AVIATION ADMINISTRATION—PRERULE STAGE
Regulation
Identifier No.
Sequence No.
Title
305 ....................
+Applying the Flight, Duty, and Rest Requirements to Ferry Flights That Follow Domestic, Flag, or Supplemental All-Cargo Operations (Reauthorization).
+Applying the Flight, Duty, and Rest Rules of 14 CFR Part 135 to Tail-End Ferry Operations (FAA Reauthorization).
306 ....................
2120–AK22
2120–AK26
+ DOT-designated significant regulation.
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FEDERAL AVIATION ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
307 ....................
308 ....................
+Pilot Records Database (HR 5900) ...............................................................................................................
+Requirements to File Notice of Construction of Meteorological Evaluation Towers and Other Renewable
Energy Projects (Section 610 Review).
+Operations of Small Unmanned Aircraft Over People ...................................................................................
309 ....................
+ DOT-designated significant regulation.
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2120–AK31
2120–AK77
2120–AK85
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71173
FEDERAL AVIATION ADMINISTRATION—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
310 ....................
311 ....................
312 ....................
+Airport Safety Management System ..............................................................................................................
+Regulation Of Flight Operations Conducted By Alaska Guide Pilots ............................................................
+Drug and Alcohol Testing of Certain Maintenance Provider Employees Located Outside of the United
States.
+Aircraft Registration and Airmen Certification Fees ......................................................................................
+Helicopter Air Ambulance Pilot Training and Operational Requirements (HAA II) (FAA Reauthorization) ..
+Registration and Marking Requirements for Small Unmanned Aircraft ........................................................
313 ....................
314 ....................
315 ....................
2120–AJ38
2120–AJ78
2120–AK09
2120–AK37
2120–AK57
2120–AK82
+ DOT-designated significant regulation.
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
316 ....................
+Controlled Substances and Alcohol Testing: State Driver’s Licensing Agency Downgrade of Commercial
Driver’s License (Section 610 Review).
2126–AC11
+ DOT-designated significant regulation.
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
317 ....................
+Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor Carriers Operating in
the United States.
2126–AA35
+ DOT-designated significant regulation.
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
318 ....................
Incorporation by Reference; North American Standard Out-of-Service Criteria; Hazardous Materials Safety
Permits (Section 610 Review).
2126–AC01
FEDERAL RAILROAD ADMINISTRATION—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
319 ....................
+Train Crew Staffing and Location ..................................................................................................................
2130–AC48
+ DOT-designated significant regulation.
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
320 ....................
Tariff of Tolls (Section 610 Review) ...............................................................................................................
2135–AA47
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SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
321 ....................
Seaway Regulations and Rules: Periodic Update, Various Categories (Rulemaking Resulting From a
Section 610 Review).
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Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / UA: Reg Flex Agenda
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
322 ....................
+Pipeline Safety: Amendments to Parts 192 and 195 to Require Valve Installation and Minimum Rupture
Detection Standards.
2137–AF06
+ DOT-designated significant regulation.
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
323 ....................
+Pipeline Safety: Safety of Hazardous Liquid Pipelines .................................................................................
2137–AE66
+ DOT-designated significant regulation.
DEPARTMENT OF TRANSPORTATION
(DOT)
Office of the Secretary (OST)
Proposed Rule Stage
khammond on DSKJM1Z7X2PROD with PROPOSALS11
303. +Defining Unfair or Deceptive
Practices
E.O. 13771 Designation: Deregulatory.
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 whether any changes
are needed. The rulemaking is not
expected to impose monetary costs on
regulated entities, and will benefit
regulated entities by providing a clearer
understanding of the Department’s
interpretation of the statute.
Timetable:
Action
Date
NPRM ..................
FR Cite
12/00/19
Regulatory Flexibility Analysis
Required: Yes.
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18:56 Dec 23, 2019
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Agency Contact: Blane 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:
blane.workie@ost.dot.gov.
RIN: 2105–AE72
304. +Accessible Lavatories On SingleAisle Aircraft: Part I (Rulemaking
Resulting From a Section 610 Review)
E.O. 13771 Designation: Regulatory.
Legal Authority: Air Carrier Access
Act, 49 U.S.C. 41705; FAA
Reauthorization Act of 2016, sec. 2108
Abstract: This rulemaking would
require airlines to take steps to improve
the accessibility of lavatories on singleaisle aircraft short of increasing the size
of the lavatories. The rulemaking would
ensure the accessibility of features
within an aircraft lavatory, including
but not limited to toilet seat, assist
handles, faucets, flush control,
attendant call buttons, lavatory controls
and dispensers, lavatory door sill, and
door locks. The rulemaking would also
consider standards for the on-board
wheelchair to improve its safety/
maneuverability and easily permit its
entry into the aircraft lavatory.
Timetable:
Action
Date
NPRM ..................
FR Cite
12/00/19
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Federal Aviation Administration (FAA)
Prerule Stage
305. +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
apply the flight, duty, and rest
requirements for domestic, flag and
supplemental operations to ferry flights
that follow domestic, flag or
supplemental all-cargo operations. A
ferry flight that follows a domestic, flag
or supplemental all-cargo operation
would be subject to the same flight,
duty, and rest rules as the all-cargo
operation it follows. This rule is
necessary as it would make part 121
flight, duty, and rest limits applicable to
tail-end ferry flights that follow an allcargo operation.
Timetable:
Action
Regulatory Flexibility Analysis
Required: No.
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:
blane.workie@dot.gov.
RIN: 2105–AE88
BILLING CODE 4910–9X–P
DEPARTMENT OF TRANSPORTATION
(DOT)
ANPRM ...............
Date
FR Cite
05/00/20
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Dale E. Roberts,
Department of Transportation, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591, Phone: 202 267–5749, Email:
dale.e.roberts@faa.gov.
RIN: 2120–AK22
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306. +Applying the Flight, Duty, and
Rest Rules of 14 CFR Part 135 to TailEnd Ferry Operations (FAA
Reauthorization)
E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 106(g); 49
U.S.C. 1153; 49 U.S.C. 40101; 49 U.S.C.
40102; 49 U.S.C. 40103; 49 U.S.C.
40113; 49 U.S.C. 41706; 49 U.S.C.
44105; 49 U.S.C. 44106; 49 U.S.C.
44111; 49 U.S.C. 44701 to 44717; 49
U.S.C. 44722; 49 U.S.C. 44901; 49 U.S.C.
44903; 49 U.S.C. 44904; 49 U.S.C.
44906; 49 U.S.C. 44912; 49 U.S.C.
44914; 49 U.S.C. 44936; 49 U.S.C.
44938; 49 U.S.C. 45101 to 45105; 49
U.S.C. 46103
Abstract: This rulemaking would
require a flightcrew member who is
employed by an air carrier conducting
operations under part 135, and who
accepts an additional assignment for
flying under part 91 from the air carrier
or from any other air carrier conducting
operations under part 121 or 135, to
apply the period of the additional
assignment toward any limitation
applicable to the flightcrew member
relating to duty periods or flight times
under part 135.
Timetable:
Action
Date
ANPRM ...............
FR Cite
05/00/20
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Dale E. Roberts,
Department of Transportation, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591, Phone: 202 267–5749, Email:
dale.e.roberts@faa.gov.
RIN: 2120–AK26
DEPARTMENT OF TRANSPORTATION
(DOT)
Federal Aviation Administration (FAA)
Proposed Rule Stage
khammond on DSKJM1Z7X2PROD with PROPOSALS11
307. +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; 49 U.S.C.
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; 49 U.S.C. 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
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Abstract: This rulemaking would
implement a Pilot Records Database as
required by Public Law 111–216
(August 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
NPRM ..................
FR Cite
12/00/19
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Christopher Morris,
Department of Transportation, Federal
Aviation Administration, 6500 South
MacArthur Boulevard, Oklahoma City,
OK 73169, Phone: 405 954–4646, Email:
christopher.morris@faa.gov.
RIN: 2120–AK31
308. +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
NPRM ..................
FR Cite
04/00/20
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
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71175
309. +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 (sUAS) 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
NPRM ..................
NPRM Comment
Period End.
Analyzing Comments.
Date
02/13/19
04/15/19
FR Cite
84 FR 3856
12/00/19
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: guido.hassig@faa.gov.
RIN: 2120–AK85
DEPARTMENT OF TRANSPORTATION
(DOT)
Federal Aviation Administration (FAA)
Long-Term Actions
310. +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 their 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
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organization-wide safety promotion
strategies.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period Extended.
NPRM Comment
Period End.
End of Extended
Comment Period.
Second Extension
of Comment
Period.
End of Second
Extended Comment Period.
Second NPRM ....
Second NPRM
Comment Period End.
Final Rule ............
10/07/10
12/10/10
FR Cite
75 FR 62008
75 FR 76928
01/05/11
03/07/11
03/07/11
76 FR 12300
07/05/11
07/14/16
09/12/16
81 FR 45871
11/00/20
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Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Dale Williams,
Department of Transportation, Federal
Aviation Administration, 800
Independence Avenue, Washington, DC
20591, Phone: 202 267–4179, Email:
dale.williams@faa.gov.
RIN: 2120–AJ38
311. +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 to 44016; 49 U.S.C. 44111; 49
U.S.C. 44701 to 44717; 49 U.S.C. 44722;
49 U.S.C. 44901; 49 U.S.C. 44903 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 Stat. 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
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18:56 Dec 23, 2019
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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:
jeffrey.smith@faa.gov.
RIN: 2120–AJ78
312. +Drug and Alcohol Testing of
Certain Maintenance Provider
Employees Located Outside of the
United States
E.O. 13771 Designation: Fully or
Partially Exempt.
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 of the United
States. The intended effect is to increase
participation by companies outside of
the United States in testing of
employees who perform safety critical
functions and testing standards similar
to those used in the repair stations
located in the United States. This action
is necessary to increase the level of
safety of the flying public. This
rulemaking is a statutory mandate under
section 308(d) of the FAA
Modernization and Reform Act of 2012
(Pub. L. 112–95).
Timetable:
Action
Date
ANPRM ...............
ANPRM Comment
Period Extended.
ANPRM Comment
Period End.
ANPRM Comment
Period Extended End.
NPRM ..................
03/17/14
05/01/14
FR Cite
79 FR 14621
79 FR 24631
05/16/14
07/17/14
11/00/20
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Vicky Dunne,
Department of Transportation, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591, Phone: 202 267–8522, Email:
vicky.dunne@faa.gov.
RIN: 2120–AK09
PO 00000
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313. +Aircraft Registration and Airmen
Certification Fees
E.O. 13771 Designation: Fully or
Partially Exempt.
Legal Authority: 31 U.S.C. 9701; 4
U.S.C. 1830; 49 U.S.C. 106(f); 49 U.S.C.
106(g); 49 U.S.C. 106(l)(6); 49 U.S.C.
40104; 49 U.S.C. 40105; 49 U.S.C.
40109; 49 U.S.C. 40113; 49 U.S.C.
40114; 49 U.S.C. 44101 to 44108; 49
U.S.C. 44110 to 44113; 49 U.S.C. 44701
to 44704; 49 U.S.C. 44707; 49 U.S.C.
44709 to 44711; 49 U.S.C. 44713; 49
U.S.C. 45102; 49 U.S.C. 45103; 49 U.S.C.
45301; 49 U.S.C. 45302; 49 U.S.C.
45305; 49 U.S.C. 46104; 49 U.S.C.
46301; Pub. L. 108–297, 118 Stat. 1095
Abstract: This rulemaking would
establish fees for airman certificates,
medical certificates, and provision of
legal opinions pertaining to aircraft
registration or recordation. This
rulemaking also would revise existing
fees for aircraft registration, recording of
security interests in aircraft or aircraft
parts, and replacement of an airman
certificate. This rulemaking addresses
provisions of the FAA Modernization
and Reform Act of 2012. This
rulemaking is intended to recover the
estimated costs of the various services
and activities for which fees would be
established or revised.
Timetable:
Action
NPRM ..................
Date
FR Cite
12/00/20
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Isra Raza,
Department of Transportation, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591, Phone: 202 267–8994, Email:
isra.raza@faa.gov.
RIN: 2120–AK37
314. +Helicopter Air Ambulance Pilot
Training and Operational
Requirements (HAA II) (FAA
Reauthorization)
E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 106(f); 49
U.S.C. 106(g); 49 U.S.C. 40113; 49
U.S.C. 41706; 49 U.S.C. 44701; 49 U.S.C.
44702; 49 U.S.C. 44705; 49 U.S.C.
44709; 49 U.S.C. 44711 to 44713; 49
U.S.C. 44715 to 44717; 49 U.S.C. 44722;
49 U.S.C. 44730; 49 U.S.C. 45101 to
45105
Abstract: This rulemaking would
develop training requirements for crew
resource management, flight risk
evaluation, and operational control of
the pilot in command, as well as
develop standards for the use of flight
simulation training devices and line-
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oriented flight training. Additionally, it
would establish requirements for the
use of safety equipment for flight
crewmembers and flight nurses. These
changes will aid 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 Avenue NW, Washington,
DC 20024, Phone: 202 267–4552, Email:
chris.holliday@faa.gov.
RIN: 2120–AK57
315. +Registration and Marking
Requirements for Small Unmanned
Aircraft
E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 106(f); 49
U.S.C. 41703; 49 U.S.C. 44101 to 44106;
49 U.S.C. 44110 to 44113; 49 U.S.C.
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:
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Action
Date
Interim Final Rule
Interim Final Rule
Effective.
OMB Approval of
Information Collection.
Interim Final Rule
Comment Period End.
Final Rule ............
VerDate Sep<11>2014
FR Cite
12/16/15
12/21/15
80 FR 78593
12/21/15
80 FR 79255
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Bonnie Lefko,
Department of Transportation, Federal
Aviation Administration, 6500 South
MacArthur Boulevard, Registry Building
26, Room 118, Oklahoma City, OK
73169, Phone: 405 954–7461, Email:
bonnie.lefko@faa.gov.
RIN: 2120–AK82.
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
(DOT)
Federal Motor Carrier Safety,
Administration (FMCSA)
Proposed Rule Stage
316. +Controlled Substances and
Alcohol Testing: State Driver’s
Licensing Agency Downgrade of
Commercial Driver’s License (Section
610 Review)
E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 31136 (a);
49 U.S.C. 31305 (a); 49 U.S.C. 31306a;
U.S.C. 31311(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 (CMV).
Drivers who commit drug or alcohol
testing violations are prohibited from
operating a CMV until complying with
return-to-duty requirements. FMCSA
plans to propose requirements on
SDLAs to take specific actions for
individuals’ subject to the CMV driving
prohibition. FMCSA also looks to
propose alternate additional actions
SDLAs may be required to take after
receiving notice that a driver licensed in
their State is subject to the driving ban.
The NPRM would also revise how
reports of actual knowledge violations,
based on a citation for Driving Under
the Influence (DUI) in a CMV, would be
maintained in the Clearinghouse. These
proposed changes would improve
highway safety by increasing
compliance with existing drug and
alcohol program requirements.
Timetable:
Action
Date
FR Cite
01/15/16
NPRM ..................
12/00/20
Regulatory Flexibility Analysis
Required: No.
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Agency Contact: Juan Moya,
Department of Transportation, Federal
Motor Carrier Safety Administration,
1200 New Jersey Ave SE, Washington,
DC 20590, Phone: 202–366–4844, Email:
Juan.Moya@dot.gov.
RIN: 2126–AC11
DEPARTMENT OF TRANSPORTATION
(DOT)
Federal Motor Carrier Safety
Administration (FMCSA)
Long-Term Actions
317. +Safety Monitoring System and
Compliance Initiative for MexicoDomiciled Motor Carriers Operating in
the United States
E.O. 13771 Designation: Regulatory.
Legal Authority: Pub. L. 107–87, sec.
350; 49 U.S.C. 113; 49 U.S.C. 31136; 49
U.S.C. 31144; 49 U.S.C. 31502; 49 U.S.C.
504; 49 U.S.C. 5113; 49 U.S.C.
521(b)(5)(A)
Abstract: This rule would implement
a safety monitoring system and
compliance initiative designed to
evaluate the continuing safety fitness of
all Mexico-domiciled carriers within 18
months after receiving a provisional
Certificate of Registration or provisional
authority to operate in the United
States. It also would establish
suspension and revocation procedures
for provisional Certificates of
Registration and operating authority,
and incorporate criteria to be used by
FMCSA in evaluating whether Mexicodomiciled carriers exercise basic safety
management controls. The interim rule
included requirements that were not
proposed in the NPRM, but which are
necessary to comply with the FY–2002
DOT Appropriations Act. On January
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
NPRM ..................
NPRM Comment
Period End.
Interim Final Rule
Interim Final Rule
Comment Period End.
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Date
FR Cite
05/03/01
07/02/01
66 FR 22415
03/19/02
04/18/02
67 FR 12758
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Action
Date
Interim Final Rule
Effective.
Notice of Intent
To Prepare an
EIS.
EIS Public
Scoping Meetings.
Next Action Undetermined.
RIN: 2126–AC01
FR Cite
BILLING CODE 4910–EX–P
05/03/02
08/26/03
10/08/03
68 FR 51322
68 FR 58162
Long-Term Actions
DEPARTMENT OF TRANSPORTATION
(DOT)
Completed Actions
318. Incorporation by Reference; North
American Standard Out-of-Service
Criteria; Hazardous Materials Safety
Permits (Section 610 Review)
E.O. 13771 Designation: Fully or
Partially Exempt.
Legal Authority: 49 U.S.C. 5105; 49
U.S.C. 5109
Abstract: This action will update an
existing Incorporation by Reference (by
the Commercial Vehicle Safety Alliance)
of the North American Standard Out-ofService Criteria and Level VI Inspection
Procedures and Out-of-Service for
Commercial Highway Vehicles
Transporting Transuranics and Highway
Route Controlled Quantities of
Radioactive Materials as defined in 49
CFR part 173.403.
Timetable:
khammond on DSKJM1Z7X2PROD with PROPOSALS11
Date
FR Cite
12/31/18
01/30/19
83 FR 67705
07/08/19
07/08/19
84 FR 32323
18:56 Dec 23, 2019
Jkt 250001
Date
NPRM ..................
NPRM Comment
Period End.
Next Action Undetermined.
03/15/16
05/16/16
FR Cite
81 FR 13918
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Amanda Maizel,
Attorney Adviser, Department of
Transportation, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590,
Phone: 202 493–8014, Email:
amanda.maizel@dot.gov.
RIN: 2130–AC48
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
(DOT)
Saint Lawrence Seaway Development
Corporation (SLSDC)
Proposed Rule Stage
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Stephanie Dunlap,
Department of Transportation, Federal
Motor Carrier Safety Administration,
1200 New Jersey Avenue SE,
Washington, DC 20590, Phone: 202 366–
3536, Email: stephanie.dunlap@dot.gov.
VerDate Sep<11>2014
319. +Train Crew Staffing and Location
E.O. 13771 Designation: Regulatory.
Legal Authority: 28 U.S.C. 2461, note;
49 CFR 1.89; 49 U.S.C. 20103; 49 U.S.C.
20107; 49 U.S.C. 21301 and 21302; 49
U.S.C. 21304
Abstract: This rule would establish
requirements to appropriately address
known safety risks posed by train
operations that use fewer than two
crewmembers. FRA is considering
options based on public comments on
the proposed rule and other
information.
Timetable:
Action
Federal Motor Carrier Safety
Administration (FMCSA)
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Final Rule Effective.
DEPARTMENT OF TRANSPORTATION
(DOT)
Federal Railroad Administration (FRA)
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Dolores Macias,
Acting Division Chief, Department of
Transportation, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590,
Phone: 202 366–2995, Email:
dolores.macias@dot.gov.
RIN: 2126–AA35
Action
commodities and vessels transiting the
facilities operated by the SLSDC and the
SLSMC.
Timetable:
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
Frm 00018
Fmt 4701
NPRM ..................
Sfmt 4702
Date
FR Cite
03/00/20
Regulatory Flexibility Analysis
Required: Undetermined.
Agency Contact: Carrie Lynn Lavigne,
Chief Counsel, Department of
Transportation, Saint Lawrence Seaway
Development Corporation, 180 Andrews
Street, Massena, NY 13662, Phone: 315
764–3231, Email: carrie.lavigne@
dot.gov.
RIN: 2135–AA47
DEPARTMENT OF TRANSPORTATION
(DOT)
Saint Lawrence Seaway Development
Corporation (SLSDC)
Final Rule Stage
321. • Seaway Regulations and Rules:
Periodic Update, Various Categories
(Rulemaking Resulting From a Section
610 Review)
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 33 U.S.C. 981 et seq.
Abstract: The Saint Lawrence Seaway
Development Corporation (SLSDC), the
Saint Lawrence Seaway Management
Corporation, and the Saint Lawrence
Seaway Management Corporation
(SLSMC) of Canada, under international
agreement, jointly publish and presently
administer the Saint 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.
Timetable:
Action
320. • Tariff of Tolls (Section 610
Review)
PO 00000
Action
Final Rule ............
Date
FR Cite
03/00/20
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Carrie Lynn Lavigne,
Chief Counsel, Department of
Transportation, Saint Lawrence Seaway
Development Corporation, 180 Andrews
Street, Massena, NY 13662, Phone: 315
764–3231, Email: carrie.lavigne@
dot.gov.
RIN: 2135–AA48
BILLING CODE 4910–61–P
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DEPARTMENT OF TRANSPORTATION
(DOT)
Pipeline and Hazardous Materials
Safety Administration (PHMSA)
consequences of large-volume,
uncontrolled releases of natural gas and
hazardous liquids.
Timetable:
Action
Proposed Rule Stage
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322. +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. The rule
addresses Congressional mandates,
incorporates recommendations from the
National Transportation Safety Board,
and is necessary to reduce the serious
VerDate Sep<11>2014
18:56 Dec 23, 2019
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Date
NPRM ..................
FR Cite
11/00/19
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Robert Jagger,
Technical Writer, Department of
Transportation, Pipeline and Hazardous
Materials Safety Administration, 1200
New Jersey Avenue SE, Washington, DC
20590, Phone: 202 366–4595, Email:
robert.jagger@dot.gov.
RIN: 2137–AF06
DEPARTMENT OF TRANSPORTATION
(DOT)
Pipeline and Hazardous Materials
Safety Administration (PHMSA)
Completed Actions
323. +Pipeline Safety: Safety of
Hazardous Liquid Pipelines
E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 60101 et
seq.
Abstract: This rulemaking amends the
Pipeline Safety Regulations to improve
protection of the public, property, and
the environment by closing regulatory
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71179
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
ANPRM ...............
Comment Period
Extended.
ANPRM Comment
Period End.
Extended Comment Period
End.
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Final Rule Effective.
Date
10/18/10
01/04/11
FR Cite
75 FR 63774
76 FR 303
01/18/11
02/18/11
10/13/15
01/08/16
80 FR 61610
10/01/19
07/01/20
84 FR 52260
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Cameron H.
Satterthwaite, Transportation
Regulations Specialist, Department of
Transportation, Pipeline and Hazardous
Materials Safety Administration, 1200
New Jersey Avenue SE, Washington, DC
20590, Phone: 202–366–8553, Email:
cameron.satterthwaite@dot.gov.
RIN: 2137–AE66
[FR Doc. 2019–26583 Filed 12–23–19; 8:45 am]
BILLING CODE 4910–60–P
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[Federal Register Volume 84, Number 247 (Thursday, December 26, 2019)]
[Unknown Section]
[Pages 71161-71179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26583]
[[Page 71161]]
Vol. 84
Thursday,
No. 247
December 26, 2019
Part XI
Department of Transportation
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Seminannual Regulatory Agenda
Federal Register / Vol. 84 , No. 247 / Thursday, December 26, 2019 /
UA: Reg Flex Agenda
[[Page 71162]]
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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
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.
As a result of the RRTF's work, since January 2017, the Department has
issued deregulatory actions that reduce regulatory costs on the public
by over $3.2 billion (in net present value cost savings). Even when the
costs of significant regulatory actions are factored in, the
Department's deregulatory actions still result in over $2.9 billion in
net cost savings (in net present value). With the RRTF's assistance,
the Department has achieved these cost savings in a manner that is
fully consistent with enhancing safety. For example, in March 2019,
FMCSA promulgated a rule titled ELDT Class B to Class A Upgrade, which
will save truck drivers more than $250 million by making it easier (and
cheaper) for a driver who already holds a Class B CDL to upgrade to a
Class A CDL, without having to take the same training again. This
reduces waste without affecting safety.
The Department has also significantly increased the number of
deregulatory actions it is pursuing. Today, DOT is pursuing over 130
deregulatory rulemakings, up from just 16 in the fall of 2016.
[[Page 71163]]
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 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 integration of automated vehicles, while
continuing to focus on safety. Automated 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 regulatory
actions that; (1) allow for permanent updates to current FMVSS
reflecting new technology; and (2) 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 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. The FAA has proposed
a rule that will fundamentally change how FAA licenses launches and
reentries of commercial space vehicles moving from prescriptive
requirements to a performance based approach.
Explanation of Information in the Agenda
An Office of Management and Budget memorandum, dated June 26, 2019,
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
[[Page 71164]]
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 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.
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--Brandon Roberts, Acting Executive Director, Office of
Rulemaking, 800 Independence Avenue SW, Washington, DC 20591; telephone
(202) 267-9677.
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--Amanda Maizel, Office of Chief Counsel, 1200 New Jersey Avenue
SE, Washington, DC 20590; telephone (202) 493-8014.
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
[[Page 71165]]
section 610 of the Regulatory Flexibility Act to conduct such reviews.
This includes the designation of a Regulatory Reform Officer, the
establishment of a Regulatory Reform Task Force, and the use of plain
language techniques in new rules and considering its use in existing
rules when we have the opportunity and resources to revise them. We are
committed to continuing our reviews of existing rules and, if it is
needed, will initiate rulemaking actions based on these reviews. The
Department will begin a new 10-year review cycle with the Fall 2018
Agenda.
Section 610 Review Plan
Section 610 requires that we conduct reviews of rules that: (1)
Have been published within the last 10 years; and (2) have a
``significant economic impact on a substantial number of small
entities'' (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 (2018) begins in the fall of 2018 and ends in the fall of 2019; Year
2 (2019) begins in the fall of 2019 and ends in the fall of 2020, 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 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 2018 2019
through 99.
14 CFR parts 200
through 212.
48 CFR parts
1201 through
1224.
2..................... 48 CFR parts 2019 2020
1227 through
1253 and new
parts and
subparts.
3..................... 14 CFR parts 213 2020 2021
through 232.
4..................... 14 CFR parts 234 2021 2022
through 254.
5..................... 14 CFR parts 255 2022 2023
through 298 and
49 CFR part 40.
6..................... 14 CFR parts 300 2023 2024
through 373.
7..................... 14 CFR parts 374 2024 2025
through 398.
8..................... 14 CFR part 399 2025 2026
and 49 CFR
parts 1 through
15.
9..................... 49 CFR parts 17 2026 2027
through 28.
[[Page 71166]]
10.................... 49 CFR parts 29 2027 2028
through 39 and
parts 41
through 89.
------------------------------------------------------------------------
Year 1 (Fall 2018) List of Rules That Are Under Ongoing Analysis
49 CFR part 91--International Air Transportation Fair Competitive
Practices
49 CFR part 92--Recovering Debts to the United States by Salary Offset
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: The agency is aware of several outdated
references to operating administrations within the Department that need
to be updated. OST's plain language review of these rules indicates no
need for substantial revision.
49 CFR part 93--Aircraft Allocation
49 CFR part 98--Enforcement of Restrictions on Post-Employment
Activities
49 CFR part 99--Employee Responsibilities and Conduct
14 CFR part 200--Definitions and Instructions
14 CFR part 201--Air Carrier Authority Under Subtitle VII of Title 49
of the United States Code [Amended]
14 CFR part 203--Waiver of Warsaw Convention Liability Limits and
Defenses
14 CFR part 204--Data To Support Fitness Determinations
14 CFR part 205--Aircraft Accident Liability Insurance
14 CFR part 206--Certificates of Public Convenience and Necessity:
Special Authorizations and Exemptions
14 CFR part 207--Charter Trips by U.S. Scheduled Air Carriers
14 CFR part 208--Charter Trips by U.S. Charter Air Carriers
14 CFR part 211--Applications for Permits to Foreign Air Carriers
14 CFR part 212--Charter Rules for U.S. and Foreign Direct Air Carriers
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
Year 2 (Fall 2019) List of Rules That Will Be Analyzed During the Next
Year
48 CFR parts 1227 through 1253 and new parts and subparts
48 CFR part 1227--Patents, Data, and Copyrights
48 CFR part 1228--Bonds and Insurance
48 CFR part 1231--Contract Costs Principles and Procedures
48 CFR part 1232--Contract Financing
48 CFR part 1233--Protests, Disputes, and Appeals
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 1239--Acquisition of Information Technology
48 CFR part 1242--Contract Administration and Audit Services
48 CFR part 1245--Government Contracting
48 CFR part 1246--Quality Assurance
48 CFR part 1247--Transportation
48 CFR part 1252--Solicitation Provisions and Contract Clauses
48 CFR part 1253--Forms
Federal Aviation Administration
Section 610 and Other Reviews
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 133 2019 2020
through 139 and
parts 157
through 169.
2..................... 14 CFR parts 141 2020 2021
through 147 and
parts 170
through 187.
3..................... 14 CFR parts 189 2021 2022
through 198 and
parts 1 through
16.
4..................... 14 CFR parts 17 2022 2023
through 33.
5..................... 14 CFR parts 34 2023 2024
through 39 and
parts 400
through 405.
6..................... 14 CFR parts 43 2024 2025
through 49 and
parts 406
through 415.
7..................... 14 CFR parts 60 2025 2026
through 77.
8..................... 14 CFR parts 91 2026 2027
through 105.
9..................... 14 CFR parts 417 2027 2028
through 460.
10.................... 14 CFR parts 119 2028 2029
through 129 and
parts 150
through 156.
------------------------------------------------------------------------
[[Page 71167]]
Defining SEISNOSE for FAA Regulations
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:
1. Review of the number of small entities affected by the
amendments to parts 133 through 139 and parts 157 through 169.
2. Identification and analysis of all amendments to parts 133
through 139 and parts 157 through 169 since 2009 to determine whether
any still have or now have a SEISNOSE.
3. Review of the FAA's regulatory flexibility assessment of each
amendment performed as required by the RFA.
Year 2 (2020) List of Rules To Be Analyzed the Next Year
14 CFR part 141--Pilot Schools
14 CFR part 142--Training Centers
14 CFR part 143--Reserved
14 CFR part 145--Repair Stations
14 CFR part 147--Aviation Maintenance Technician Schools
14 CFR part 170--Establishment and Discontinuance Criteria for Air
Traffic Control Services and Navigational Facilities
14 CFR part 171--Non-Federal Navigation Facilities
14 CFR part 183--Representatives of the Administrator
14 CFR part 185--Testimony by Employees and Production of Records in
Legal Proceedings, and Service of Legal Process and Pleadings
14 CFR part 187--Fees
Year 2 (2019) List of Rules To Be Analyzed the Next Year
14 CFR part 133--Rotorcraft External-Load Operations
14 CFR part 135--Operating Requirements: Commuter and On Demand
Operations and Rules Governing Persons on Board Such Aircraft
14 CFR part 136--Commercial Air Tours and National Parks Air Tour
Management
14 CFR part 137--Agricultural Aircraft Operations
14 CFR part 139--Certification of Airports
14 CFR part 157--Notice of Construction, Alteration, Activation, and
Deactivation of Airports
14 CFR part 158--Passenger Facility Charges
14 CFR part 161--Notice and Approval of Airport Noise and Access
Restrictions
14 CFR part 169--Expenditure of Federal Funds for Nonmilitary Airports
or Air Navigation Facilities Thereon
Year 1 (2018) List of Rules Analyzed and Summary of Results
14 CFR part 133--Rotorcraft External-Load Operations
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.
14 CFR part 135--Operating Requirements: Commuter and On Demand
Operations and Rules Governing Persons on Board Such Aircraft
Section 610: The agency conducted a Section 610 review of
this part and found Amendment 135-129, 79 FR 9973, Feb. 21, 2014
section 135.117 Briefing of passengers before flight in 14 CFR 135
promulgated since January 2009 has a SEISNOSE within the meaning of the
RFA.
General: The FAA has considered a number of alternatives
and has taken steps to minimize the impact on small entities in
attempts to lower compliance costs for small entities, but could not go
forward without compromising the safety for the industry. No revisions
are needed.
14 CFR part 136--Commercial Air Tours and National Parks Air Tour
Management
Section 610: The agency conducted a Section 610 review of
this part and determined no amendments to 14 CFR part 136 published
since 2009. Thus, no SEISNOSE exists in this part.
General: No changes are needed.
14 CFR part 137--Agricultural Aircraft Operations
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.
14 CFR part 139--Certification of Airports
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
14 CFR part 157--Notice of Construction, Alteration, Activation, and
Deactivation of Airports
Section 610: The agency conducted a Section 610 review of
this part and determined no amendments to 14 CFR part 136 published
since 2009. Thus, no SEISNOSE exists in this part.
General: No changes are needed.
14 CFR part 158--Passenger Facility Charges
Section 610: The agency conducted a Section 610 review of
this part and determined no amendments to 14 CFR part 136 published
since 2009. Thus, no SEISNOSE exists in this part.
General: No changes are needed.
14 CFR part 161--Notice and Approval of Airport Noise and Access
Restrictions
Section 610: The agency conducted a Section 610 review of
this part and determined no amendments to 14 CFR part 136 published
since 2009. Thus, no SEISNOSE exists in this part.
General: No changes are needed.
14 CFR part 169--Expenditure of Federal Funds for Nonmilitary Airports
or Air Navigation Facilities Thereon
Section 610: The agency conducted a Section 610 review of
this part and determined no amendments to 14 CFR part 136 published
since 2009. Thus, no SEISNOSE exists in this part.
General: No changes are needed.
Federal Highway Administration
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... None............ 2018 2019
[[Page 71168]]
2..................... 23 CFR parts 1 2019 2020
to 260.
3..................... 23 CFR parts 420 2020 2021
to 470.
4..................... 23 CFR part 500. 2021 2022
5..................... 23 CFR parts 620 2022 2023
to 637.
6..................... 23 CFR parts 645 2023 2024
to 669.
7..................... 23 CFR parts 710 2024 2025
to 924.
8..................... 23 CFR parts 940 2025 2026
to 973.
9..................... 23 CFR parts 2026 2027
1200 to 1252.
10.................... New parts and 2027 2028
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 highways is chapter I of
title 23 of the U.S.C. 145, which 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 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 1 (Fall 2018) List of Rules Analyzed and a Summary of Results
None
Year 2 (Fall 2019) List of Rules That Will Be Analyzed During the Next
Year
23 CFR part 1--General
23 CFR part 140--Reimbursement
23 CFR part 172--Procurement, management, and administration of
engineering and design related services
23 CFR part 180--Credit assistance for surface transportation projects
23 CFR part 190--Incentive payments for controlling outdoor advertising
on the interstate system
23 CFR part 192--Drug offender's driver's license suspension
23 CFR part 200--Title VI program and related statutes--implementation
and review procedures
23 CFR part 230--External programs
23 CFR part 260--Education and training programs
Federal Motor Carrier Safety Administration
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 49 CFR parts 386 2018 2019
2..................... 49 CFR part 385. 2019 2020
3..................... 49 CFR part 383 2020 2021
and 384.
4..................... 49 CFR parts 382 2021 2022
5..................... 49 CFR part 387. 2022 2023
6..................... 49 CFR part 398. 2023 2024
7..................... 49 CFR part 392. 2024 2025
8..................... 49 CFR part 375. 2025 2026
9..................... 49 CFR part 367. 2026 2027
10.................... 49 CFR part 395. 2027 2028
------------------------------------------------------------------------
Year 10 (Fall 2018) List of Rules With Ongoing Analysis
49 CFR part 395--Hours of Service (HOS) of Drivers
Section 610: FMCSA conducted a review of 49 CFR part 395, and found
there was a significant economic impact on a substantial number of
small entities (SEIOSNOSE). The rule restricts the number of hours that
a commercial driver can operate a commercial motor vehicle (CMV). The
SEIOSNOSE is driven by the potential loss of revenue that drivers and
motor carriers could experience if they could operate without
restriction. The Federal HOS regulations promote safe driving of CMV's
by limiting on-duty driving time; thereby improving the likelihood that
drivers have adequate time for restorative rest. Tangible benefits to
small businesses include; streamlined operations, reduced operational
cost, maximized productivity, lowered insurance, improved vehicle
diagnostics, reduced administrative burden, and increased profits.
General: FMCSA currently is engaged in rulemakings that would: (1)
Add flexibilities to the HOS regulations; and (2) clarify the meaning
of ``agricultural commodities'' whose transport is exempt from the HOS
regulations if certain requirements are met. Aside from the issues
being addressed in these rulemakings, FMCSA has determined that the
regulatory value of the HOS regulations is significant and that it
should be retained. The rule reduces fatigue related crashes,
fatalities, and injuries. These regulations are written consistent with
plain language guidelines, and uses clear and unambiguous language. The
cost burden imposed on a small business is reasonable when compared to
the benefits.
Year 1 (2019) List of Rules With Ongoing Analysis
49 CFR part 386 Rules of Practice for Motor Carrier, Intermodal
Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials
Proceedings
Section 610: FMCSA conducted a review of 49 CFR part 386, and found
no SEIOSNOSE. 49 CFR part 386 is a permissive set of rules that
establish procedures and proceedings for respondents, petitioners, and
others seeking relief from a determination of non-compliance with
Federal Motor Carrier Safety Regulations or Hazardous Materials
Regulations. The rule also provides a recourse for commercial
[[Page 71169]]
drivers to report harassment or coercion. Although not required by the
rule, a small business could elect to incur significant attorney and
court fees to challenge an unfavorable decision.
General: There is no need for substantial revision. These
regulations provide necessary/clear guidance to industry and drivers.
The regulations are written consistent with plain language guidelines,
are cost effective, and impose the least economic burden to industry.
Year 2 (2020) List of Rules That Will Be Analyzed During the Next Year
49 CFR part 385--Safety Fitness Procedures
National Highway Traffic Safety Administration
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 49 CFR parts 2018 2019
571.223 through
571.500, and
parts 575 and
579.
2..................... 23 CFR parts 2019 2020
1200 and 1300.
3..................... 49 CFR parts 501 2020 2021
through 526 and
571.213.
4..................... 49 CFR parts 2021 2022
571.131,
571.217,
571.220,
571.221, and
571.222.
5..................... 49 CFR parts 2022 2023
571.101 through
571.110, and
571.135,
571.136,
571.138 and
571.139.
6..................... 49 CFR parts 2023 2024
571.141, 529
through 578,
except parts
571 and 575.
7..................... 49 CFR parts 2024 2025
571.111 through
571.129 and 580
through 588.
8..................... 49 parts CFR 2025 2026
571.201 through
571.212.
9..................... 49 parts CFR 2026 2027
571.214 through
571.219, except
571.217.
10.................... 49 CFR parts 591 2027 2028
through 595 and
new parts and
subparts.
------------------------------------------------------------------------
Year 1 (Fall 2019) List of Rules With Ongoing Analysis
49 CFR part 571.223--Rear Impact Guards
49 CFR part 571.224--Rear Impact Protection
49 CFR part 571.225--Child Restraint Anchorage Systems
49 CFR part 571.226--Ejection Mitigation
49 CFR part 571.301--Fuel System Integrity
49 CFR part 571.302--Flammability of Interior Materials
49 CFR part 571.303--Fuel System Integrity of Compressed Natural Gas
Vehicles
49 CFR part 571.304--Compressed Natural Gas Fuel Container Integrity
49 CFR part 571.305--Electric-Powered Vehicles: Electrolyte Spillage
and Electrical Shock Protection
49 CFR part 571.401--Interior Trunk Release
49 CFR part 571.403--Platform Lift Systems for Motor Vehicles
49 CFR part 571.404--Platform Lift Installations in Motor Vehicles
49 CFR part 571.500--Low-Speed Vehicles
49 CFR part 575--Consumer Information
49 CFR part 579--Reporting of Information and Communications About
Potential Defects
23 CFR part 1200 Uniform Procedures for State Highway Safety Grant
Programs
23 CFR part 1300 Uniform Procedures for State Highway Safety Grant
Programs
Federal Railroad Administration
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 49 CFR parts 2018 2019
200, 207, 209,
and 210.
2..................... 49 CFR parts 2019 2020
211, 212, 213,
214, and 215.
3..................... 49 CFR parts 2020 2021
216, 217, 218,
219, and 220.
4..................... 49 CFR parts 2021 2022
221, 222, 223,
224, and 225.
5..................... 49 CFR parts 2022 2023
227, 228, 229,
230, and 231.
6..................... 49 CFR parts 2023 2024
232, 233, 234,
235, and 236.
7..................... 49 CFR parts 2024 2025
237, 238, 249,
240, and 241.
8..................... 49 CFR parts 2025 2026
242, 243, 244,
250, and 256.
9..................... 49 CFR parts 2026 2027
261, 262, 264,
266, and 268.
10.................... 49 CFR parts 2027 2028
269, 270, and
272.
------------------------------------------------------------------------
Year 1 (Fall 2018) List of Rules Analyzed and a Summary of Results
49 CFR part 200--Informal Rules of Practice for Passenger Service
[ssquf] Section 610: There is no SEIOSNOSE.
[ssquf] General: The rule prescribes procedures under which
applications are received and heard and by which rules and orders are
issued primarily affecting the Class I railroads and Amtrak, none of
which are small entities. FRA's plain language review of this rule
indicates no need for substantial revision.
49 CFR part 207--Railroad Police Officers
[ssquf] Section 610: There is no SEIOSNOSE.
[ssquf] General: No changes are needed. These regulations are cost
effective and impose the least burden. FRA's plain language review of
this rule indicates no need for substantial revision.
49 CFR part 209--Railroad Safety Enforcement Procedures
[ssquf] Section 610: There is no SEIOSNOSE.
[ssquf] General: No changes are needed. These regulations are cost
effective and impose the least burden. FRA's plain language review of
this rule indicates no need for substantial revision.
49 CFR part 210--Railroad Noise Emission Compliance Regulations
[ssquf] Section 610: There is no SEIOSNOSE.
[ssquf] General: To support high-speed rail operations, FRA has
identified substantive changes to the regulations.
Year 2 (Fall 2019) List of Rules(s) That Will Be Analyzed During Next
Year
49 CFR part 211--Rules of Practice
49 CFR part 212--State Safety Participation Regulations
[[Page 71170]]
49 CFR part 213--Track Safety Standards
49 CFR part 214--Railroad Workplace Safety
49 CFR part 215--Railroad Freight Car Safety Standards
Federal Transit Administration
Section 610 and Other Reviews
The Regulatory Flexibility Act of 1980 (RFA), as amended (sections
601 through 612 of title 5, United States Code), requires Federal
regulatory agencies to analyze all proposed and final rules to
determine their economic impact on small entities, which include small
businesses, organizations, and governmental jurisdictions. Section 610
requires government agencies to periodically review all regulations
that will have a significant economic impact on a substantial number of
small entities (SEISNOSE).
In complying with this section, the Federal Transit Administration
(FTA) has elected to use the two-step, two-year process used by most
Department of Transportation (DOT) modes. As such, FTA has divided its
rules into 10 groups as displayed in the table below. During the
analysis year, the listed rules will be analyzed to identify those with
a SEISNOSE. During 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 the impact on small entities.
------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 49 CFR parts 2018 2019
604, 605, and
624.
2..................... 49 CFR parts 609 2019 2020
and 640.
3..................... 49 CFR part 633. 2020 2021
4..................... 49 CFR part 611. 2021 2022
5..................... 49 CFR part 655. 2022 2023
6..................... 49 CFR parts 602 2023 2024
and 614.
7..................... 49 CFR parts 661 2024 2025
and 663.
8..................... 49 CFR parts 2025 2026
625, 630, and
665.
9..................... 49 CFR parts 2026 2027
613, 622, 670
and 674.
10.................... 49 CFR parts 2027 2028
650, 672 and
673.
------------------------------------------------------------------------
Year 1 (2018) List of Rules Analyzed and Summary of Results
49 CFR part 604--Charter Service
Section 610: FTA conducted a Section 610 review of 49 CFR
part 604, and determined that it would not result in a SEISNOSE within
the meaning of the RFA. The Charter Service rule ensures that transit
agencies, subsidized with federal funds, do not unfairly compete with
privately-owned charter bus companies. The rule also provides an
exception that allows public transportation agencies to provide charter
service to qualified organizations for the purpose of serving persons
with mobility limitations related to advanced age, persons with
disabilities, or persons with low income. As such, the rule is in place
to protect small entities.
General: No changes are needed. The regulation implements
the requirements of 49 U.S.C. 5323(d), FTA estimated the costs and
projected benefits of the rule and believes it is cost-effective and
imposes the least burden for statutory compliance. FTA's plain language
review of this rule indicates no need for substantial revision.
49 CFR part 605--School Bus Operations
Section 610: FTA conducted a Section 610 review of 49 CFR
part 605 and determined that it would not result in a SEISNOSE within
the meaning of the RFA. The School Bus Operations regulation ensures
that transit agencies, subsidized with federal funds, do not engage in
operations exclusively for the transportation of students and school
personnel. This type of exclusive service is not public transportation
and would unfairly compete with private school bus operators. As such,
the rule is in place to protect small entities.
General: No changes are needed. The regulation implements
the requirements of 49 U.S.C. 5323(f). FTA estimated the costs and
projected benefits of the rule and believes it is cost-effective and
imposes the least burden for statutory compliance. FTA's plain language
review of this rule indicates no need for substantial revision.
49 CFR part 624--Clean Fuels Grant Program
Section 610: FTA conducted a Section 610 review of 49 CFR
part 624 and determined that it would not result in a SEISNOSE within
the meaning of the RFA. However, the Clean Fuels Grant Program was
repealed by Section 20002 of the Moving Ahead for Progress in the 21st
Century (MAP-21) Act (Pub. L. 112-141), and therefore, part 624
implements a program no longer authorized by law.
General: FTA will rescind 49 CFR part 624, because the
requirements set forth in the rule were rendered obsolete by statute.
Year 2 (2019) List of Rules To Be Analyzed the Next Year
49 CFR part 609--Transportation for Elderly and Handicapped Persons
49 CFR part 640--Credit Assistance for Surface Transportation Project
Maritime Administration
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 46 CFR parts 201 2018 2019
through 205, 46
CFR parts 315
through 340, 46
CFR part 345
through 347,
and 46 CFR
parts 381 and
382.
2..................... 46 CFR parts 221 2019 2020
through 232.
3..................... 46 CFR parts 249 2020 2021
through 296.
4..................... 46 CFR parts 2021 2022
221, 298, 308,
and 309.
5..................... 46 CFR parts 307 2022 2023
through 309.
6..................... 46 CFR part 310. 2023 2024
7..................... 46 CFR parts 315 2024 2025
through 340.
8..................... 46 CFR parts 345 2025 2026
through 381.
9..................... 46 CFR parts 382 2026 2027
through 389.
[[Page 71171]]
10.................... 46 CFR parts 390 2027 2028
through 393.
------------------------------------------------------------------------
Year 1 (2018) List of Rules With Ongoing Analysis
46 CFR part 201--Rules of Practice and Procedure
46 CFR part 202--Procedures relating to review by Secretary of
Transportation of actions by Maritime Subsidy Board
46 CFR part 203--Procedures relating to conduct of certain hearings
under the Merchant Marine Act, 1936, as amended
46 CFR part 204--Claims against the Maritime Administration under the
Federal Tort Claims Act
46 CFR part 205--Audit Appeals; Policy and Procedure
46 CFR part 315--Agency Agreements and Appointment of Agents
46 CFR part 317--Bonding of Ship's Personnel
46 CFR part 324--Procedural Rules for Financial Transactions Under
Agency Agreements
46 CFR part 325--Procedure to Be Followed by General Agents in
Preparation of Invoices and Payment of Compensation Pursuant to
Provisions of NSA Order No. 47
46 CFR part 326--Marine Protection and Indemnity Insurance Under
Agreements with Agents
46 CFR part 327--Seamen's Claims; Administrative Action and Litigation
46 CFR part 328--Slop Chests
46 CFR part 329--Voyage Data
46 CFR part 330--Launch Services
46 CFR part 332--Repatriation of Seamen
46 CFR part 335--Authority and Responsibility of General Agents to
Undertake Emergency Repairs in Foreign Ports
46 CFR part 336--Authority and Responsibility of General Agents to
Undertake in Continental United States Ports Voyage Repairs and Service
Equipment of Vessels Operated for the Account of The National Shipping
Authority Under General Agency Agreement
46 CFR part 337--General Agent's Responsibility in Connection with
Foreign Repair Custom's Entries
46 CFR part 338--Procedure for Accomplishment of Vessel Repairs Under
National Shipping Authority Master Lump Sum Repair Contract--NSA-
Lumpsumrep
46 CFR part 339--Procedure for Accomplishment of Ship Repairs Under
National Shipping Authority Individual Contract for Minor Repairs--NSA-
Worksmalrep
46 CFR part 340--Priority Use and Allocation of Shipping Services,
Containers and Chassis, and Port Facilities and Services for National
Security and National Defense Related Operations
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 347--Operating Contract
46 CFR part 381--Cargo Preference--U.S.-Flag Vessels
46 CFR part 382--Determination of Fair and Reasonable Rates for the
Carriage of Bulk and Packaged Preference Cargoes on U.S.-Flag
Commercial Vessels
Year 2 (Fall 2019) List of Rules That Will Be Analyzed During the Next
Year
46 CFR parts 221 and 232
46 CFR part 221 Regulated Transactions Involving Documented Vessels and
Other Maritime Interests
46 CFR 232 Uniform Financial Reporting Requirements
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. 2018 2019
2..................... 49 CFR parts 178 2019 2020
through 180.
3..................... 49 CFR parts 172 2020 2021
and 175.
4..................... 49 CFR part 171, 2021 2022
sections 171.15
and 171.16.
5..................... 49 CFR parts 2022 2023
106, 107, 171,
190, and 195.
6..................... 49 CFR parts 2023 2024
174, 177, and
199.
7..................... 49 CFR parts 2024 2025
176, 191 and
192.
8..................... 49 CFR parts 172 2025 2026
and 178.
9..................... 49 CFR parts 2026 2027
172, 173, 174,
176, 177, and
193.
10.................... 49 CFR parts 173 2027 2028
and 194.
------------------------------------------------------------------------
Year 1 (Fall 2019) List of Rules Analyzed and a Summary of Results
49 CFR part 178--Specifications for Packaging Section 610: PHMSA
conducted a review of this part and found no SEISNOSE.
General: PHMSA has reviewed this part and found that while
the part does not have a SEISNOSE, it could be streamlined to reflect
new technologies and harmonize with certain international references.
Therefore, even though the review indicated that the economic impact on
small entities is not significant, PHMSA has initiated multiple new
deregulatory rulemakings to reduce the compliance burdens of part 178.
Further, PHMSA's plain language review of this part indicates no need
for substantial revision. Where confusing or wordy language has been
identified, PHMSA plans to propose or finalize revisions in the
upcoming biennial international harmonization rulemaking or other
deregulatory rulemakings.
For example, the Harmonization of International Standards, 2137-
AF32, rulemaking action is part of PHMSA's 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.
[[Page 71172]]
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 the 2137-AF32 rulemaking will have on small
entities is not expected to be significant. The rulemaking will clarify
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,
positive economic benefits to shippers, carriers, and packaging
manufacturers and testers, including small entities.
In conclusion, many companies will realize economic benefits,
because of the amendments in the 2137-AF32 rulemaking. The amendments
are expected to result in an overall net cost savings and ease the
regulatory compliance burden for shippers engaged in domestic and
international commerce, including trans-border shipments within North
America. Additionally, the effective changes of this rulemaking will
relieve U.S. companies, including small entities competing in foreign
markets, from the burden of complying with a dual system of
regulations. This rulemaking is one example of PHMSA's review of
rulemakings which ensures that our rules do not have a significant
economic impact on a substantial number of small entities.
Year 2 (Fall 2020) List of Rules That Will Be Analyzed During the Next
Year
49 CFR part 178--Specifications of Packagings
49 CFR part 179--Specifications for Tank Cars
49 CFR part 180--Continuing Qualification and Maintenance of Packagings
Saint Lawrence Seaway Development Corporation
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... *33 CFR parts 2018 2019
401 through 403.
------------------------------------------------------------------------
*The review for these regulations is recurring each year of the 10-year
review cycle (currently 2018 through 2027).
Year 1 (Fall 2018) List of Rules That Will Be Analyzed During the Next
Year
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.
------------------------------------------------------------------------
303....................... +Defining Unfair or 2105-AE72
Deceptive Practices.
304....................... +Accessible Lavatories on 2105-AE88
Single-Aisle Aircraft:
Part I (Rulemaking
Resulting From a Section
610 Review).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Aviation Administration--Prerule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
305....................... +Applying the Flight, 2120-AK22
Duty, and Rest
Requirements to Ferry
Flights That Follow
Domestic, Flag, or
Supplemental All-Cargo
Operations
(Reauthorization).
306....................... +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.
------------------------------------------------------------------------
307....................... +Pilot Records Database 2120-AK31
(HR 5900).
308....................... +Requirements to File 2120-AK77
Notice of Construction of
Meteorological Evaluation
Towers and Other
Renewable Energy Projects
(Section 610 Review).
309....................... +Operations of Small 2120-AK85
Unmanned Aircraft Over
People.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
[[Page 71173]]
Federal Aviation Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
310....................... +Airport Safety Management 2120-AJ38
System.
311....................... +Regulation Of Flight 2120-AJ78
Operations Conducted By
Alaska Guide Pilots.
312....................... +Drug and Alcohol Testing 2120-AK09
of Certain Maintenance
Provider Employees
Located Outside of the
United States.
313....................... +Aircraft Registration and 2120-AK37
Airmen Certification Fees.
314....................... +Helicopter Air Ambulance 2120-AK57
Pilot Training and
Operational Requirements
(HAA II) (FAA
Reauthorization).
315....................... +Registration and Marking 2120-AK82
Requirements for Small
Unmanned Aircraft.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Motor Carrier Safety Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
316....................... +Controlled Substances and 2126-AC11
Alcohol Testing: State
Driver's Licensing Agency
Downgrade of Commercial
Driver's License (Section
610 Review).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Motor Carrier Safety Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
317....................... +Safety Monitoring System 2126-AA35
and Compliance Initiative
for Mexico-Domiciled
Motor Carriers Operating
in the United States.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Motor Carrier Safety Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
318....................... Incorporation by 2126-AC01
Reference; North American
Standard Out-of-Service
Criteria; Hazardous
Materials Safety Permits
(Section 610 Review).
------------------------------------------------------------------------
Federal Railroad Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
319....................... +Train Crew Staffing and 2130-AC48
Location.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Saint Lawrence Seaway Development Corporation--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
320....................... Tariff of Tolls (Section 2135-AA47
610 Review).
------------------------------------------------------------------------
Saint Lawrence Seaway Development Corporation--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
321....................... Seaway Regulations and 2135-AA48
Rules: Periodic Update,
Various Categories
(Rulemaking Resulting
From a Section 610
Review).
------------------------------------------------------------------------
[[Page 71174]]
Pipeline and Hazardous Materials Safety Administration--Proposed Rule
Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
322....................... +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--Completed
Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
323....................... +Pipeline Safety: Safety 2137-AE66
of Hazardous Liquid
Pipelines.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
DEPARTMENT OF TRANSPORTATION (DOT)
Office of the Secretary (OST)
Proposed Rule Stage
303. +Defining Unfair or Deceptive Practices
E.O. 13771 Designation: Deregulatory.
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 whether any
changes are needed. The rulemaking is not expected to impose monetary
costs on regulated entities, and will benefit regulated entities by
providing a clearer understanding of the Department's interpretation of
the statute.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Blane 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
304. +Accessible Lavatories On Single-Aisle Aircraft: Part I
(Rulemaking Resulting From a Section 610 Review)
E.O. 13771 Designation: Regulatory.
Legal Authority: Air Carrier Access Act, 49 U.S.C. 41705; FAA
Reauthorization Act of 2016, sec. 2108
Abstract: This rulemaking would require airlines to take steps to
improve the accessibility of lavatories on single-aisle aircraft short
of increasing the size of the lavatories. The rulemaking would ensure
the accessibility of features within an aircraft lavatory, including
but not limited to toilet seat, assist handles, faucets, flush control,
attendant call buttons, lavatory controls and dispensers, lavatory door
sill, and door locks. The rulemaking would also consider standards for
the on-board wheelchair to improve its safety/maneuverability and
easily permit its entry into the aircraft lavatory.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
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-AE88
BILLING CODE 4910-9X-P
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Prerule Stage
305. +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 apply the flight, duty, and rest
requirements for domestic, flag and supplemental operations to ferry
flights that follow domestic, flag or supplemental all-cargo
operations. A ferry flight that follows a domestic, flag or
supplemental all-cargo operation would be subject to the same flight,
duty, and rest rules as the all-cargo operation it follows. This rule
is necessary as it would make part 121 flight, duty, and rest limits
applicable to tail-end ferry flights that follow an all-cargo
operation.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 05/00/20 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dale E. Roberts, Department of Transportation,
Federal Aviation Administration, 800 Independence Avenue SW,
Washington, DC 20591, Phone: 202 267-5749, Email:
[email protected].
RIN: 2120-AK22
[[Page 71175]]
306. +Applying the Flight, Duty, and Rest Rules of 14 CFR Part 135 to
Tail-End Ferry Operations (FAA Reauthorization)
E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 1153; 49 U.S.C. 40101;
49 U.S.C. 40102; 49 U.S.C. 40103; 49 U.S.C. 40113; 49 U.S.C. 41706; 49
U.S.C. 44105; 49 U.S.C. 44106; 49 U.S.C. 44111; 49 U.S.C. 44701 to
44717; 49 U.S.C. 44722; 49 U.S.C. 44901; 49 U.S.C. 44903; 49 U.S.C.
44904; 49 U.S.C. 44906; 49 U.S.C. 44912; 49 U.S.C. 44914; 49 U.S.C.
44936; 49 U.S.C. 44938; 49 U.S.C. 45101 to 45105; 49 U.S.C. 46103
Abstract: This rulemaking would require a flightcrew member 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............................... 05/00/20 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dale E. Roberts, Department of Transportation,
Federal Aviation Administration, 800 Independence Avenue SW,
Washington, DC 20591, Phone: 202 267-5749, Email:
[email protected].
RIN: 2120-AK26
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Proposed Rule Stage
307. +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; 49 U.S.C. 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; 49
U.S.C. 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 (August 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................................ 12/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Christopher Morris, Department of Transportation,
Federal Aviation Administration, 6500 South MacArthur Boulevard,
Oklahoma City, OK 73169, Phone: 405 954-4646, Email:
[email protected].
RIN: 2120-AK31
308. +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................................ 04/00/20 .......................
------------------------------------------------------------------------
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
309. +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 (sUAS) 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................................ 02/13/19 84 FR 3856
NPRM Comment Period End............. 04/15/19 .......................
Analyzing Comments.................. 12/00/19 .......................
------------------------------------------------------------------------
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)
Long-Term Actions
310. +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 their 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 71176]]
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.......................... 11/00/20 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dale Williams, Department of Transportation,
Federal Aviation Administration, 800 Independence Avenue, Washington,
DC 20591, Phone: 202 267-4179, Email: [email protected].
RIN: 2120-AJ38
311. +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 to 44016; 49 U.S.C. 44111; 49 U.S.C. 44701 to
44717; 49 U.S.C. 44722; 49 U.S.C. 44901; 49 U.S.C. 44903 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 Stat. 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
312. +Drug and Alcohol Testing of Certain Maintenance Provider
Employees Located Outside of the United States
E.O. 13771 Designation: Fully or Partially Exempt.
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 of
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
ANPRM Comment Period Extended....... 05/01/14 79 FR 24631
ANPRM Comment Period End............ 05/16/14 .......................
ANPRM Comment Period Extended End... 07/17/14 .......................
NPRM................................ 11/00/20 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Vicky Dunne, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591, Phone: 202 267-8522, Email: [email protected].
RIN: 2120-AK09
313. +Aircraft Registration and Airmen Certification Fees
E.O. 13771 Designation: Fully or Partially Exempt.
Legal Authority: 31 U.S.C. 9701; 4 U.S.C. 1830; 49 U.S.C. 106(f);
49 U.S.C. 106(g); 49 U.S.C. 106(l)(6); 49 U.S.C. 40104; 49 U.S.C.
40105; 49 U.S.C. 40109; 49 U.S.C. 40113; 49 U.S.C. 40114; 49 U.S.C.
44101 to 44108; 49 U.S.C. 44110 to 44113; 49 U.S.C. 44701 to 44704; 49
U.S.C. 44707; 49 U.S.C. 44709 to 44711; 49 U.S.C. 44713; 49 U.S.C.
45102; 49 U.S.C. 45103; 49 U.S.C. 45301; 49 U.S.C. 45302; 49 U.S.C.
45305; 49 U.S.C. 46104; 49 U.S.C. 46301; Pub. L. 108-297, 118 Stat.
1095
Abstract: This rulemaking would establish fees for airman
certificates, medical certificates, and provision of legal opinions
pertaining to aircraft registration or recordation. This rulemaking
also would revise existing fees for aircraft registration, recording of
security interests in aircraft or aircraft parts, and replacement of an
airman certificate. This rulemaking addresses provisions of the FAA
Modernization and Reform Act of 2012. This rulemaking is intended to
recover the estimated costs of the various services and activities for
which fees would be established or revised.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/20 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Isra Raza, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591, Phone: 202 267-8994, Email: [email protected].
RIN: 2120-AK37
314. +Helicopter Air Ambulance Pilot Training and Operational
Requirements (HAA II) (FAA Reauthorization)
E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 106(f); 49 U.S.C. 106(g); 49 U.S.C.
40113; 49 U.S.C. 41706; 49 U.S.C. 44701; 49 U.S.C. 44702; 49 U.S.C.
44705; 49 U.S.C. 44709; 49 U.S.C. 44711 to 44713; 49 U.S.C. 44715 to
44717; 49 U.S.C. 44722; 49 U.S.C. 44730; 49 U.S.C. 45101 to 45105
Abstract: This rulemaking would develop training requirements for
crew resource management, flight risk evaluation, and operational
control of the pilot in command, as well as develop standards for the
use of flight simulation training devices and line-
[[Page 71177]]
oriented flight training. Additionally, it would establish requirements
for the use of safety equipment for flight crewmembers and flight
nurses. These changes will aid 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 Avenue NW,
Washington, DC 20024, Phone: 202 267-4552, Email:
[email protected].
RIN: 2120-AK57
315. +Registration and Marking Requirements for Small Unmanned Aircraft
E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 106(f); 49 U.S.C. 41703; 49 U.S.C. 44101
to 44106; 49 U.S.C. 44110 to 44113; 49 U.S.C. 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.......................... 12/00/20 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Bonnie Lefko, Department of Transportation, Federal
Aviation Administration, 6500 South MacArthur Boulevard, Registry
Building 26, Room 118, Oklahoma City, OK 73169, Phone: 405 954-7461,
Email: [email protected].
RIN: 2120-AK82.
BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Motor Carrier Safety, Administration (FMCSA)
Proposed Rule Stage
316. +Controlled Substances and Alcohol Testing: State Driver's
Licensing Agency Downgrade of Commercial Driver's License (Section 610
Review)
E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 31136 (a); 49 U.S.C. 31305 (a); 49
U.S.C. 31306a; U.S.C. 31311(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 (CMV). Drivers who
commit drug or alcohol testing violations are prohibited from operating
a CMV until complying with return-to-duty requirements. FMCSA plans to
propose requirements on SDLAs to take specific actions for individuals'
subject to the CMV driving prohibition. FMCSA also looks to propose
alternate additional actions SDLAs may be required to take after
receiving notice that a driver licensed in their State is subject to
the driving ban. The NPRM would also revise how reports of actual
knowledge violations, based on a citation for Driving Under the
Influence (DUI) in a CMV, would be maintained in the Clearinghouse.
These proposed changes would improve highway safety by increasing
compliance with existing drug and alcohol program requirements.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/00/20 .......................
------------------------------------------------------------------------
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)
Long-Term Actions
317. +Safety Monitoring System and Compliance Initiative for Mexico-
Domiciled Motor Carriers Operating in the United States
E.O. 13771 Designation: Regulatory.
Legal Authority: Pub. L. 107-87, sec. 350; 49 U.S.C. 113; 49 U.S.C.
31136; 49 U.S.C. 31144; 49 U.S.C. 31502; 49 U.S.C. 504; 49 U.S.C. 5113;
49 U.S.C. 521(b)(5)(A)
Abstract: This rule would implement a safety monitoring system and
compliance initiative designed to evaluate the continuing safety
fitness of all Mexico-domiciled carriers within 18 months after
receiving a provisional Certificate of Registration or provisional
authority to operate in the United States. It also would establish
suspension and revocation procedures for provisional Certificates of
Registration and operating authority, and incorporate criteria to be
used by FMCSA in evaluating whether 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.
[[Page 71178]]
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 Avenue SE, Washington, DC 20590, Phone: 202 366-2995, Email:
[email protected].
RIN: 2126-AA35
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Motor Carrier Safety Administration (FMCSA)
Completed Actions
318. Incorporation by Reference; North American Standard Out-of-Service
Criteria; Hazardous Materials Safety Permits (Section 610 Review)
E.O. 13771 Designation: Fully or Partially Exempt.
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
------------------------------------------------------------------------
NPRM................................ 12/31/18 83 FR 67705
NPRM Comment Period End............. 01/30/19 .......................
Final Rule.......................... 07/08/19 84 FR 32323
Final Rule Effective................ 07/08/19 .......................
------------------------------------------------------------------------
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
BILLING CODE 4910-EX-P
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Railroad Administration (FRA)
Long-Term Actions
319. +Train Crew Staffing and Location
E.O. 13771 Designation: Regulatory.
Legal Authority: 28 U.S.C. 2461, note; 49 CFR 1.89; 49 U.S.C.
20103; 49 U.S.C. 20107; 49 U.S.C. 21301 and 21302; 49 U.S.C. 21304
Abstract: This rule would establish requirements to appropriately
address known safety risks posed by train operations that use fewer
than two crewmembers. FRA is considering options based on public
comments on the proposed rule and other information.
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: Amanda Maizel, Attorney Adviser, Department of
Transportation, Federal Railroad Administration, 1200 New Jersey Avenue
SE, Washington, DC 20590, Phone: 202 493-8014, Email:
[email protected].
RIN: 2130-AC48
BILLING CODE 4910-06-P
DEPARTMENT OF TRANSPORTATION (DOT)
Saint Lawrence Seaway Development Corporation (SLSDC)
Proposed Rule Stage
320. Tariff of Tolls (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.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/00/20 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Agency Contact: Carrie Lynn Lavigne, Chief Counsel, Department of
Transportation, Saint Lawrence Seaway Development Corporation, 180
Andrews Street, Massena, NY 13662, Phone: 315 764-3231, Email:
[email protected].
RIN: 2135-AA47
DEPARTMENT OF TRANSPORTATION (DOT)
Saint Lawrence Seaway Development Corporation (SLSDC)
Final Rule Stage
321. Seaway Regulations and Rules: Periodic Update, Various
Categories (Rulemaking Resulting From a Section 610 Review)
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 33 U.S.C. 981 et seq.
Abstract: The Saint Lawrence Seaway Development Corporation
(SLSDC), the Saint Lawrence Seaway Management Corporation, and the
Saint Lawrence Seaway Management Corporation (SLSMC) of Canada, under
international agreement, jointly publish and presently administer the
Saint 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.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 03/00/20 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Carrie Lynn Lavigne, Chief Counsel, Department of
Transportation, Saint Lawrence Seaway Development Corporation, 180
Andrews Street, Massena, NY 13662, Phone: 315 764-3231, Email:
[email protected].
RIN: 2135-AA48
BILLING CODE 4910-61-P
[[Page 71179]]
DEPARTMENT OF TRANSPORTATION (DOT)
Pipeline and Hazardous Materials Safety Administration (PHMSA)
Proposed Rule Stage
322. +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. The rule
addresses Congressional mandates, incorporates recommendations from the
National Transportation Safety Board, and is necessary to reduce the
serious consequences of large-volume, uncontrolled releases of natural
gas and hazardous liquids.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Robert Jagger, Technical Writer, Department of
Transportation, Pipeline and Hazardous Materials Safety Administration,
1200 New Jersey Avenue SE, Washington, DC 20590, Phone: 202 366-4595,
Email: [email protected].
RIN: 2137-AF06
DEPARTMENT OF TRANSPORTATION (DOT)
Pipeline and Hazardous Materials Safety Administration (PHMSA)
Completed Actions
323. +Pipeline Safety: Safety of Hazardous Liquid Pipelines
E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 60101 et seq.
Abstract: This rulemaking amends 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.......................... 10/01/19 84 FR 52260
Final Rule Effective................ 07/01/20 .......................
------------------------------------------------------------------------
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
[FR Doc. 2019-26583 Filed 12-23-19; 8:45 am]
BILLING CODE 4910-60-P