Department Regulatory and Deregulatory Agenda; Semiannual Summary, 71161-71179 [2019-26583]

Download as PDF Vol. 84 Thursday, No. 247 December 26, 2019 Part XI Department of Transportation khammond on DSKJM1Z7X2PROD with PROPOSALS11 Seminannual Regulatory Agenda VerDate Sep<11>2014 18:56 Dec 23, 2019 Jkt 250001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\26DEP11.SGM 26DEP11 71162 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. khammond on DSKJM1Z7X2PROD with PROPOSALS11 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 VerDate Sep<11>2014 18:56 Dec 23, 2019 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 Jkt 250001 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 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 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. E:\FR\FM\26DEP11.SGM 26DEP11 khammond on DSKJM1Z7X2PROD with PROPOSALS11 Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / UA: Reg Flex Agenda 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 VerDate Sep<11>2014 18:56 Dec 23, 2019 Jkt 250001 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 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 71163 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 E:\FR\FM\26DEP11.SGM 26DEP11 71164 Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / UA: Reg Flex Agenda 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. khammond on DSKJM1Z7X2PROD with PROPOSALS11 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 VerDate Sep<11>2014 18:56 Dec 23, 2019 Jkt 250001 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 http:// 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. PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 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: http:// 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 E:\FR\FM\26DEP11.SGM 26DEP11 71165 Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / UA: Reg Flex Agenda 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 khammond on DSKJM1Z7X2PROD with PROPOSALS11 Year ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ VerDate Sep<11>2014 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. 49 14 48 48 14 14 14 14 14 14 49 CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR 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 .................................................................................................... 18:56 Dec 23, 2019 Jkt 250001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\26DEP11.SGM 26DEP11 Review year 2018 2019 2019 2020 2021 2022 2023 2024 2025 2026 2020 2021 2022 2023 2024 2025 2026 2027 71166 Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / UA: Reg Flex Agenda 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 CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR parts parts parts parts parts parts parts parts parts parts 18:56 Dec 23, 2019 2027 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 2028 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 E:\FR\FM\26DEP11.SGM 26DEP11 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 Review year 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 71167 Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / UA: Reg Flex Agenda 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 Jkt 250001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 Analysis year E:\FR\FM\26DEP11.SGM 26DEP11 2018 Review year 2019 71168 Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / UA: Reg Flex Agenda 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 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 2020 2021 2022 2023 2024 2025 2026 2027 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 E:\FR\FM\26DEP11.SGM 26DEP11 71169 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 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 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 E:\FR\FM\26DEP11.SGM 26DEP11 71170 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 ................................................................................................ VerDate Sep<11>2014 18:56 Dec 23, 2019 Jkt 250001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 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 E:\FR\FM\26DEP11.SGM 26DEP11 Review year 2018 2019 2019 2020 2021 2022 2023 2024 2025 2026 2020 2021 2022 2023 2024 2025 2026 2027 71171 Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / UA: Reg Flex Agenda 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 18:56 Dec 23, 2019 Jkt 250001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 2028 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 khammond on DSKJM1Z7X2PROD with PROPOSALS11 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 ...................... VerDate Sep<11>2014 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. E:\FR\FM\26DEP11.SGM 26DEP11 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. khammond on DSKJM1Z7X2PROD with PROPOSALS11 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. VerDate Sep<11>2014 18:56 Dec 23, 2019 Jkt 250001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\26DEP11.SGM 26DEP11 2120–AK31 2120–AK77 2120–AK85 Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / UA: Reg Flex Agenda 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 khammond on DSKJM1Z7X2PROD with PROPOSALS11 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). VerDate Sep<11>2014 18:56 Dec 23, 2019 Jkt 250001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\26DEP11.SGM 26DEP11 2135–AA48 71174 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. VerDate Sep<11>2014 18:56 Dec 23, 2019 Jkt 250001 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 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 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 E:\FR\FM\26DEP11.SGM 26DEP11 Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / UA: Reg Flex Agenda 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 VerDate Sep<11>2014 18:56 Dec 23, 2019 Jkt 250001 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 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 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 E:\FR\FM\26DEP11.SGM 26DEP11 71176 Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / UA: Reg Flex Agenda 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 khammond on DSKJM1Z7X2PROD with PROPOSALS11 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 VerDate Sep<11>2014 18:56 Dec 23, 2019 Jkt 250001 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 Frm 00016 Fmt 4701 Sfmt 4702 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- E:\FR\FM\26DEP11.SGM 26DEP11 Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / UA: Reg Flex Agenda 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: khammond on DSKJM1Z7X2PROD with PROPOSALS11 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. 18:56 Dec 23, 2019 Jkt 250001 PO 00000 Frm 00017 01/00/20 Fmt 4701 Sfmt 4702 71177 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. E:\FR\FM\26DEP11.SGM 26DEP11 Date FR Cite 05/03/01 07/02/01 66 FR 22415 03/19/02 04/18/02 67 FR 12758 71178 Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / UA: Reg Flex Agenda 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 E:\FR\FM\26DEP11.SGM 26DEP11 Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / UA: Reg Flex Agenda 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 khammond on DSKJM1Z7X2PROD with PROPOSALS11 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 Jkt 250001 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 PO 00000 Frm 00019 Fmt 4701 Sfmt 9990 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 E:\FR\FM\26DEP11.SGM 26DEP11

Agencies

[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 http://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: http://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