Department Regulatory and Deregulatory Agenda; Semiannual Summary, 5256-5275 [2021-27948]

Download as PDF 5256 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / UA: Reg Flex Agenda DEPARTMENT OF TRANSPORTATION Office of the Secretary 14 CFR Chs. I–III 23 CFR Chs. I–III Purpose Appendix A—Instructions for Obtaining Copies of Regulatory Documents Appendix B—General Rulemaking Contact Persons Appendix C—Public Rulemaking Dockets Appendix D—Review Plans for Section 610 and Other Requirements SUPPLEMENTARY INFORMATION: 33 CFR Chs. I and IV Background 46 CFR Chs. I–III 48 CFR Ch. 12 49 CFR Subtitle A, Chs. I–VI, and Chs. X–XII [DOT–OST–1999–5129] Department Regulatory and Deregulatory Agenda; Semiannual Summary Office of the Secretary, DOT. Unified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda). AGENCY: ACTION: The Regulatory Agenda is a semiannual summary of all current and projected rulemakings, reviews of existing regulations, and completed actions of the Department of Transportation. 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 participate more effectively 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 Daniel Cohen, Assistant General Counsel for Regulation, Office of the General Counsel, Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590; (202) 366–4702. khammond on DSKJM1Z7X2PROD with PROPOSALS4 Specific You should direct all comments and inquiries on 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 VerDate Sep<11>2014 18:29 Jan 28, 2022 Jkt 256001 The U.S. Department of Transportation (Department or DOT) issues regulations to ensure that the United States transportation system is the safest in the world and address other urgent challenges facing the Nation, including the coronavirus disease 2019 (COVID–19) pandemic, job creation, equity, and climate change. These issues are addressed, in part, by encouraging innovation, thereby ensuring that the Department’s regulations keep pace with the latest developments and reflect its top priorities. 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), the Department prepares a semiannual Agenda. The Agenda 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 to begin during the next 12 months or for which action has been completed since the publication of the last Agenda in July 2021. The Department’s actions are also governed by several recent executive orders issued by the President, which direct agencies to utilize all available regulatory tools to address current national challenges. On January 20, 2021, the President signed Executive Order 13992, Revocation of Certain Executive Orders Concerning Federal Regulation. This Executive Order directs Federal agencies to promptly take steps to rescind any orders, rules, regulations, guidelines, or policies that would hamper the agencies’ flexibility to use robust regulatory action to address national priorities. On January 20, the President also issued Executive Order 13990, Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis. This Executive Order directs Federal agencies to review all regulatory actions issued in the previous Administration and revise or rescind any of those actions that do not adequately respond to climate change, protect the environment, advance environmental justice, or improve public health. Section 2(a)(ii) of Executive Order PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 13990 specifically requires the Department of Transportation to review ‘‘The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Program,’’ 84 FR 51310 (September 27, 2019) (SAFE I Rule) and ‘‘The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021–2026 Passenger Cars and Light Trucks,’’ 85 FR 24174 (April 30, 2020) (SAFE II Rule). On July 9, 2021, the President signed Executive Order 14036, Promoting Competition in the American Economy. Among other things, this Executive Order requires the Department to enhance consumer access to airline flight information and ensure that consumers are not exposed or subject to advertising, marketing, pricing, and charging of ancillary fees that may constitute an unfair or deceptive practice or an unfair method of competition. This Executive Order also requires the Department to: (1) Publish a notice of proposed rulemaking (NPRM) requiring airlines to refund baggage fees when a passenger’s luggage is substantially delayed and other ancillary fees when passengers pay for a service that is not provided; and (2) consider initiating a rulemaking to ensure that consumers have ancillary fee information, including ‘‘baggage fees,’’ ‘‘change fees,’’ and ‘‘cancellation fees,’’ at the time of ticket purchase. On August 5, 2021, the President signed Executive Order 14037, Strengthening American Leadership in Clean Cars and Trucks. This Executive Order requires that the Department consider beginning work on a rulemaking to establish new fuel economy standards for passenger cars and light-duty trucks beginning with model year 2027 and extending through and including at least model year 2030. This Executive Order also requires the Department to consider beginning work on a rulemaking to establish new fuel efficiency standards for heavy-duty pickup trucks and vans beginning with model year 2028 and extending through and including at least model year 2030. Finally, this Executive Order requires the Department to consider beginning work on a rulemaking to establish new fuel efficiency standards for mediumand heavy-duty engines and vehicles to begin as soon as model year 2030. In response to Executive Order 13992, in April 2021, the Department issued a final rule revising the regulations governing its regulatory process to ensure that it has the maximum flexibility necessary to quickly respond to the urgent challenges facing our Nation. Following implementation of the final rule, in June 2021, the E:\FR\FM\31JAP12.SGM 31JAP12 khammond on DSKJM1Z7X2PROD with PROPOSALS4 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / UA: Reg Flex Agenda Secretary of Transportation signed a Departmental Order strengthening the Department’s internal rulemaking procedures and revitalizing the partnership between Operating Administrations and the Office of the Secretary in promulgating regulations to better achieve the Department’s goals and priorities. As part of this critical overhaul, a Regulatory Leadership Group was established, led by the Deputy Secretary of Transportation, which provides vital legal and policy guidance on the Department’s regulatory agenda. In response to Executive Order 13990, in May 2021, the Department issued a notice of proposed rulemaking (NPRM) proposing to repeal the SAFE I Rule and associated guidance documents. In August 2021, the Department issued a Supplemental Notice of Proposed Rulemaking inviting comments on the appropriate path forward regarding civil penalties imposed for violations of DOT’s vehicle emissions rules. Finally, in September 2021, the Department issued an NPRM proposing more stringent vehicle emission limits than those set by the SAFE II Rule. In response to Executive Orders 14036 and 14037, the Department is considering the following rulemakings: (1) Refunding Fees for Delayed Checked Bags and Ancillary Services That Are Not Provided; (2) Airline Ticket Refunds; (3) Amendments to Department’s Procedures in Regulating Unfair and Deceptive Practices; and (4) fuel economy standards for passenger cars, light-duty trucks, heavy-duty pickup trucks, and vans. The Department is also providing rapid response to, and emergency review of legal and operational challenges presented by COVID–19 within the transportation network. Since the beginning of this Administration, our efforts have focused on ensuring compliance with the mask requirements issued by the Centers for Disease Control and Prevention and the Transportation Security Administration. These requirements help reduce the spread of the COVID–19 disease within the transportation sector and among the traveling public. DOT is also addressing regulatory compliance made impracticable by the COVID–19 public health emergency due to office closures, personnel shortages, and other restrictions. In addition to the pressing national concerns discussed above, the Department’s regulatory activities are directed toward the fundamental priority of protecting public safety. Safety is our North Star; the Department remains focused on managing safety VerDate Sep<11>2014 18:29 Jan 28, 2022 Jkt 256001 risks and ensuring that the United States has the safest transportation system in the world. Our planned regulatory actions reflect a careful balance that emphasizes the Department’s robust response to the challenges facing our Nation while at the same time maintaining a safe, reliable, and sustainable transportation system that boosts our economic productivity and global competitiveness and enhances the quality of life for all Americans. Explanation of Information in the Agenda An Office of Management and Budget memorandum, dated August 16, 2021, establishes the format for this Agenda. First, the Agenda is divided by initiating office. Then, the Agenda is divided into five categories: (1) Prerule stage; (2) proposed rule stage; (3) final rule stage; (4) long-term actions; and (5) completed actions. For each entry, the Agenda provides the following information: (1) Its ‘‘significance’’; (2) a short, descriptive title; (3) its legal basis; (4) the related regulatory citation in the Code of Federal Regulations; (5) any legal deadline and, if so, for what action (e.g., NPRM, final rule); (6) an abstract; (7) a timetable, including the earliest expected date for when a rulemaking document may publish; (8) whether the rulemaking will affect small entities and/or levels of Government and, if so, which categories; (9) whether a Regulatory Flexibility Act (RFA) analysis is required (for rules that would have a significant economic impact on a substantial number of small entities); (10) a listing of any analyses an office will prepare or has prepared for the action (with minor exceptions, DOT requires an economic analysis for all its rulemakings); (11) an agency contact office or official who can provide further information; (12) a Regulation Identifier Number (RIN) assigned to identify an individual rulemaking in the Agenda and facilitate tracing further action on the issue; (13) whether the action is subject to the Unfunded Mandates Reform Act; (14) whether the action is subject to the Energy Act; and (15) whether the action is major under the congressional review provisions of the Small Business Regulatory Enforcement Fairness Act. To keep the operational requirements, current 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), 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 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 5257 regulations; we do not list individual regulations. In the ‘‘Timetable’’ column, we use abbreviations to indicate the 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 decided 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. However, a portion of the Agenda is published in the Federal Register because the Regulatory Flexibility Act (5 U.S.C. 602) mandates publication for the regulatory flexibility agenda. Accordingly, DOT’s printed Agenda entries include only: 1. The agency’s Agenda preamble. 2. Rules that are in the agency’s regulatory flexibility agenda, in accordance with the Regulatory Flexibility Act, because they are likely to have a significant economic impact on a substantial number of small entities; and 3. Any rules that the agency has identified for periodic review under section 610 of the Regulatory Flexibility Act. Printing of these entries is limited to fields that contain information required by the Regulatory Flexibility Act’s Agenda requirements. These elements are: Sequence Number; Title; Section 610 Review, if applicable; Legal Authority; Abstract; Timetable; Regulatory Flexibility Analysis Required; Agency Contact; and Regulation Identifier Number (RIN). Additional information (for detailed list, see section heading ‘‘Explanation of Information on the Agenda’’) on these entries is available in the Unified Agenda published on the internet. E:\FR\FM\31JAP12.SGM 31JAP12 5258 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / UA: Reg Flex Agenda Request for Comments General DOT’s Agenda is intended primarily for the use of the public. Since its inception, the Department has made modifications and refinements that 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. Regulatory Flexibility Act The Department is 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 the Department, 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. khammond on DSKJM1Z7X2PROD with PROPOSALS4 Consultation With State, Local, and Tribal Governments Executive Orders 13132 and 13175 require the Department to develop a 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 VerDate Sep<11>2014 18:29 Jan 28, 2022 Jkt 256001 participation. This publication in the Federal Register does not impose any binding obligation on the Department or any of the offices within the Department about any specific item on the Agenda. Regulatory action, in addition to the items listed, is not precluded. Dated: September 13, 2021. Peter Paul Montgomery Buttigieg, Secretary of Transportation. Appendix A—Instructions for Obtaining Copies of Regulatory Documents To obtain a copy of a specific regulatory document in the Agenda, you should communicate directly with the contact person listed with the regulation at the address below. We note that most, if not all, such documents, including the Semiannual Regulatory Agenda, are available through the internet at https://www.regulations.gov. See appendix C for more information. Appendix B—General Rulemaking Contact Persons The following is a list of persons who can be contacted within the Department for general information concerning the rulemaking process within the various operating administrations. FAA—Timothy R. Adams, 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—Dee Fujita, 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 E, Washington, DC 20590; telephone (202) 366– 3101. GLS—Carrie Mann Lavigne, Chief Counsel, 180 Andrews Street, Massena, NY 13662; telephone (315) 764–3200. PHMSA—Robert Ross, Office of Chief Counsel, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone (202) 768– 1365. MARAD—Gabriel Chavez, Office of Chief Counsel, Maritime Administration, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone (202) 366–2621. OST—Daniel Cohen, Assistant General Counsel for Regulation, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone (202) 366–4723. PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 Appendix C—Public Rulemaking Dockets All comments submitted via the internet are submitted through the Federal Docket Management System (FDMS) at the following address: https://www.regulations.gov. The FDMS allows the public to search, view, download, and comment on all Federal agency rulemaking documents in one central online system. The above referenced internet address also allows the public to sign up to receive notification when certain documents are placed in the dockets. The public also may review regulatory dockets at or deliver comments on proposed rulemakings to the Dockets Office at 1200 New Jersey Avenue SE, Room W12–140, Washington, DC 20590, 1–800–647–5527. Working Hours: 9:00 a.m. to 5:00 p.m. Appendix D—Review Plans for Section 610 and Other Requirements Part I—The Plan General The Department of Transportation has long recognized the importance of regularly reviewing its existing regulations to determine whether they need to be revised or revoked. Our Regulatory Policies and Procedures require such reviews. DOT also has responsibilities under section 610 of the Regulatory Flexibility Act, Executive Order 12866, ‘‘Regulatory Planning and Review,’’ and Executive Order 13563, ‘‘Improving Regulation and Regulatory Review,’’ 76 FR 3821 (January 18, 2011) to conduct such reviews. 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 began 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, 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. E:\FR\FM\31JAP12.SGM 31JAP12 5259 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / UA: Reg Flex Agenda 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 each year’s group to determine whether Year 2 ........................ 3 ........................ 4 ........................ 5 ........................ 6 ........................ 7 ........................ 8 ........................ 9 ........................ 10 ...................... 49 14 48 48 14 14 14 14 14 14 49 49 CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR 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 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 .................................................................................................... parts 29 through 39 and parts 41 through 89 ............................................................ Year 10 (Fall 2018) List of Rules Analyzed and Summary of Results 49 CFR part 30—Denial of Public Works Contracts to Suppliers of Goods and Services of Countries that Deny Procurement Market Access to U.S. Contractors khammond on DSKJM1Z7X2PROD with PROPOSALS4 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. Regulations to be reviewed 1 ........................ • Section 610: OST conducted a Section 610 review of this part and found no SEISNOSE. • General: No changes are needed. These regulations are cost effective and impose the least burden. OST’s plain language review of these rules indicates no need for substantial revision. 49 CFR part 31—Program Fraud Civil Remedies • Section 610: OST conducted a Section 610 review of this part and found no SEISNOSE. VerDate Sep<11>2014 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 the Department 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, DOT will add an entry to the Agenda in the prerulemaking section describing the review in more detail. We also will seek public comment on how best to lessen the impact of these rules and provide a name or docket to which public comments can be submitted. 18:29 Jan 28, 2022 Jkt 256001 • General: No changes are needed. These regulations are cost effective and impose the least burden. OST’s plain language review of these rules indicates no need for substantial revision. 49 CFR part 37—Transportation Services for Individuals with Disabilities (ADA) • The U.S. Department of Transportation (DOT) Office of the Secretary (OST), with the assistance of its Operating Administrations, including the Federal Transit Administration (FTA), is in the process of issuing multiple rulemakings that call for changes to the regulatory language in 49 CFR part 37. Specifically, OST is administering a rulemaking titled: ‘‘Transportation for Individuals with Disabilities; Service Animals and Technical Corrections’’ (RIN 2105– PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 Review year 2018 2019 2019 2020 2021 2022 2023 2024 2025 2026 2027 2020 2021 2022 2023 2024 2025 2026 2027 2028 AF08) which would propose changes to the definition of ‘‘service animal’’ in 49 CFR part 37.3, and several other technical corrections to outdated provisions, such as that referencing a make and model of a lift that has been out of production for three decades (49 CFR part 37.165(g)). In addition, OST is developing a rulemaking titled ‘‘Equitable Access to Transit Facilities’’ (RIN 2105–AF07) in which DOT would consider requirements for secondary elevators, induction loops, and improvements in wayfinding in transit stations. In conjunction with these pending rulemakings, DOT will need to conduct a section 610 review of this part, and, if appropriate, initiate additional rulemaking(s) to minimize the SEISNOSE, bring the regulation into compliance with statutory requirements, E:\FR\FM\31JAP12.SGM 31JAP12 khammond on DSKJM1Z7X2PROD with PROPOSALS4 5260 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / UA: Reg Flex Agenda and/or revise the regulation for plain language. 49 CFR part 38—Americans with Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles • The U.S. Department of Transportation (DOT) Office of the Secretary (OST), with the assistance of its Operating Administrations, including the Federal Transit Administration (FTA), is in the process of issuing a rulemaking that calls for changes to the regulatory language in 49 CFR part 38. Specifically, OST is developing a rulemaking titled: ‘‘Transportation for Individuals with Disabilities; Adoption of Accessibility Standards for Buses and Vans’’ (RIN 2105–AF09) in order to consider new standards for accessible buses and vans based on updated accessibility guidelines issued by the U.S. Access Board (USAB) on December 14, 2016. In conjunction with this pending rulemaking, OST will need to conduct a Section 610 review of this part, and, if appropriate, initiate additional rulemaking(s) to minimize the SEISNOSE, bring the regulation into compliance with statutory requirements, and/or revise the regulation for plain language. 49 CFR part 39—Transportation for Individuals with Disabilities: Passenger Vessels • Section 610: The U.S. Department of Transportation (DOT) Office of the Secretary (OST) conducted a Section 610 review of this part and found SEISNOSE. The regulation requires owners and operators of passenger vessels to (1) ensure their vessels and related facilities are accessible; and (2) take steps to accommodate passengers with disabilities. These requirements can entail significant investments from owners and operators of passenger vessels, many of whom qualify as small businesses as defined by the U.S. Small Business Administration. OST plans to explore whether it is appropriate to initiate a rulemaking to revise this regulation to minimize the SEISNOSE. • General: The definition of ‘‘service animal’’ contained in 49 CFR 39.3 is inconsistent with the amendments made by the Department of Justice (DOJ) on July 23, 2010, (see 28 CFR 35.104 and 35.136), as well as the definition under DOT’s Air Carrier Access Act regulations (see 14 CFR 382.3), as amended on December 10, 2020. The current requirement under 49 CFR 39.3 defines service animals as ‘‘any guide dog, signal dog, or other animal individually trained to work or perform tasks for an individual with a VerDate Sep<11>2014 18:29 Jan 28, 2022 Jkt 256001 disability.’’ DOJ defines a service animal in terms of ‘‘any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability’’ (see 28 CFR 35.104) (emphasis added). And under 28 CFR 35.136(i), reasonable modifications in policy and practices must be made where necessary to accommodate miniature horses as service animals. As such, failure to update this regulation will leave the passenger vessel industry subject to accommodating unusual service animals, such as reptiles and primates. On the other hand, updating the definition of ‘‘service animal’’ under 49 CFR 39.3 will ensure consistency across Federal regulations, which is essential to removing the confusion that results for individuals with service animals when different standards apply to different public facilities and modes of transportation. OST has already recognized the need to update the ‘‘service animal’’ definition contained in 49 CFR 37.3 for the aforementioned reasons and is in the process of developing a rulemaking titled: ‘‘Transportation for Individuals with Disabilities; Service Animals and Technical Corrections’’ (RIN 2105– AF08) in order to make the necessary change. In addition, 49 CFR 39.31 addresses the ability of passenger vessel owners or operators to limit access to or use of their vessels because a passenger has a communicable disease. The regulation permits owners or operators to limit access or use where: (1) A U.S. or international public health authority has determined that persons with a particular condition should not be permitted to travel or should travel only under specified conditions; or (2) an individual has a condition that is both readily transmissible by casual contact in the context of traveling on or using a passenger vessel and has serious health consequences. The regulation provides examples of conditions that passengers may have (e.g., a common cold, HIV/AIDS, SARS, or a norovirus) and the appropriate actions (if any) that passenger vessel owners or operators may take in response. However, the regulation does not address how passenger vessel owners or operators should handle passengers with the novel Coronavirus Disease 2019 (COVID–19). Given the ubiquity of the virus and its likely presence and impact in the future, the regulation should be revised to expressly address COVID–19 in the example section. As a result, OST will need to conduct a rulemaking to bring this regulation PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 into compliance with the statutory requirements and to bring consistency to the regulatory regime governing different modes of transportation. OST’s plain language review of this regulation indicates no need for substantial revision. It is also worth noting that the U.S. Access Board (USAB) is in the process of developing guidelines under the Americans with Disabilities Act (ADA) for access to ferries, cruise ships, excursion boats, and other large passenger vessels. Those guidelines have not been finalized yet, however, and OST proposes incorporating only final guidelines into DOT’s regulations. 49 CFR part 71—Standard Time Zone Boundaries • Section 610: OST has reviewed these regulations and found no SEISNOSE. • General: OST has reviewed these regulations and found that some nonsubstantive technical corrections are needed. OST is exploring initiating a rulemaking to make these corrections. 49 CFR part 79—Medals of Honor • Section 610: The U.S. Department of Transportation (DOT) Office of the Secretary (OST) conducted a Section 610 review of this part and found no SEISNOSE. • General: No changes are needed. These regulations are cost effective and impose the least burden. OST’s plain language review of these rules indicates no need for substantial revision. Year 1 (Fall 2018) List of Rules That Are Under Ongoing Analysis • Section 610: OST conducted a Section 610 review of this part and found no SEISNOSE. • General: Since the rule was enacted, the DOT Operating Administrations have changed. As a result, the agencies listed at 49 CFR 92.5(g)—Definitions should be revised to: (g) DOT operating element (see 49 CFR 1.3) means a DOT Operating Administration including— (1) The Office of the Secretary. (2) Federal Aviation Administration. (3) Federal Highway Administration. (4) Federal Railroad Administration. (5) National Highway Traffic Safety Administration. (6) Office of the Inspector General. (7) St. Lawrence Seaway Development Corporation. (8) Maritime Administration. OST will be conducting a rulemaking to make these revisions. These regulations are cost effective and impose the least burden. OST’s plain language review of these rules indicates no need for substantial revision. E:\FR\FM\31JAP12.SGM 31JAP12 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / UA: Reg Flex Agenda khammond on DSKJM1Z7X2PROD with PROPOSALS4 49 CFR part 93—Aircraft Allocation 49 CFR part 98—Enforcement of Restrictions on Post-Employment Activities • Section 610: OST conducted a Section 610 review of this part and found no SEISNOSE. • General: Since the rule was enacted, the U.S. Department of Transportation’s organizational structure changed, and as a result the list of DOT Operating Administrations (OAs) listed in 49 CFR 98.2 must be updated to reflect the current listing of DOT OAs. The following changes are needed in 49 CFR 89.2(a): (1) References to the U.S. Coast Guard (at 49 CFR 98.2(a)(1)), Urban Mass Transportation Administration (at 49 CFR 98.2(a)(6), and Research and Special Programs Administration (at 49 CFR 98.2(a)(8) should be deleted; (2) reference to the Saint Lawrence Seaway Development Corporation at 49 CFR 98.2(a)(7) should be changed to the Great Lakes Saint Lawrence Seaway Development Corporation; and (3) references to the Federal Motor Carrier Safety Administration, Federal Transit Administration, and Pipeline and Hazardous Materials Safety Administration should be added. In addition, since the rule was enacted, the title of the Assistant General Counsel for Environmental, Civil Rights, and General Law has been updated to the Assistant General Counsel for General Law, so the following changes are needed in 49 CFR 98.3 and 98.4: References to the Assistant General Counsel for Environmental, Civil Rights, and General Law should be updated to the Assistant General Counsel for General Law. OST’s plain language review of these rules indicates no need for substantial revision. 49 CFR part 99—Employee Responsibilities and Conduct • Section 610: OST conducted a Section 610 review of this part and found no SEISNOSE. • General: No changes are needed. These regulations are cost effective and impose the least burden. OST’s plain language review of these rules indicates no need for substantial revision. 14 CFR part 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 VerDate Sep<11>2014 18:29 Jan 28, 2022 Jkt 256001 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 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 1219—Small Business Programs 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 Analyzed and Summary of Results 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 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 5261 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 DOT has determined that updates need to be made to the regulations identified under Year 2. The regulations will be updated as part of RIN 2105– AE26 (Revisions to the Transportation Acquisition Regulations). Year 3 (Fall 2020) List of Rules Analyzed and Summary of Results 14 CFR parts 213 through 232 14 CFR 213—Terms, Conditions and Limitations of Foreign Air Carrier Permits • Section 610: OST conducted a Section 610 review of this part and found no SEISNOSE. • General: No changes are needed. These regulations are cost effective and impose the least burden. 14 CFR 214—Terms, Conditions, and Limitations for Foreign Air Carrier Permits Authorizing Charter Transportation Only • Section 610: OST conducted a Section 610 review of this part and found no SEISNOSE. • General: No changes are needed. These regulations are cost effective and impose the least burden. 14 CFR 215—Use and Change of Names of Air Carriers, Foreign Air Carriers and Commuter Air Carriers • Section 610: OST conducted a Section 610 review of this part and found no SEISNOSE. • General: No changes are needed. These regulations are cost effective and impose the least burden. 14 CFR 216—Commingling of Blind Sector Traffic by Foreign Air Carriers • Section 610: OST conducted a Section 610 review of this part and found no SEISNOSE. • General: No changes are needed. These regulations are cost effective and impose the least burden. 14 CFR 218—Lease by Foreign Air Carrier or Other Foreign Person of Aircraft with Crew • Section 610: OST conducted a Section 610 review of this part and found no SEISNOSE. • General: No changes are needed. These regulations are cost effective and impose the least burden. 14 CFR 221—TARIFFS • Section 610: OST conducted a Section 610 review of this part and found no SEISNOSE. E:\FR\FM\31JAP12.SGM 31JAP12 5262 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / UA: Reg Flex Agenda • General: OST reviewed and has found that a non-substantive technical correction is necessary and will explore options to make this correction. 14 CFR 222—Intermodal Cargo Services by Foreign Air Carriers • Section 610: OST conducted a Section 610 review of this part and found no SEISNOSE. • General: No changes are needed. These regulations are cost effective and impose the least burden. 14 CFR 223—Free and Reduced-Rate Transportation Year 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 14 14 14 14 14 14 14 14 14 14 CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR parts parts parts parts parts parts parts parts parts parts Analysis year 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 107 .................................................................................................. 417 through 460 ................................................................................................ 119 through 129 and parts 150 through 156 .................................................... 133 through 139 and parts 157 through 169 .................................................... Defining SEISNOSE for FAA Regulations amendment performed as required by the RFA. 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 141 through 147 and parts 170 through 187. 2. Identification and analysis of all amendments to parts 141 through 147 and parts 170 through 187 since July 2010 to determine whether any still have or now have a SEISNOSE. 3. Review of the FAA’s regulatory flexibility assessment of each Year 2 (Fall 2021) List of Rules Analyzed 14 CFR part 1—Definitions and abbreviations 14 CFR part 3—General requirements 14 CFR part 11—General rulemaking procedures 14 CFR part 13—Investigative and enforcement procedures 14 CFR part 14—Rules implementing the Equal Access to Justice Act of 1980 14 CFR part 15—Administrative claims under Federal Tort Claims Act 14 CFR part 16—Rules of practice for Federally-assisted airport enforcement proceedings 14 CFR part 189—Use of Federal Aviation Administration communications system 14 CFR part 193—Protection of voluntarily submitted information 14 CFR part 198—Aviation insurance VerDate Sep<11>2014 first year (the ‘‘analysis year’’), all rules published during the previous 10 years within a 10% block of the regulations will be analyzed to identify those with a significant economic impact on a substantial number of small entities (SEISNOSE). During the second year (the ‘‘review year’’), each rule identified in the analysis year as having a SEISNOSE will be reviewed in accordance with section 610 (b) to determine if it should be continued without change or changed to minimize impact on small entities. Results of those reviews will be published in the DOT Semiannual Regulatory Agenda. Regulations to be reviewed 1 ........................ 2 ........................ 3 ........................ 4 ........................ 5 ........................ 6 ........................ 7 ........................ 8 ........................ 9 ........................ 10 ...................... khammond on DSKJM1Z7X2PROD with PROPOSALS4 • Section 610: OST conducted a Section 610 review of this part and found no SEISNOSE. • General: No changes are needed. These regulations are cost effective and impose the least burden. 18:29 Jan 28, 2022 Jkt 256001 Year 1 (Fall 2020) List of Rules Analyzed and Summary of Results 14 CFR part 141—Pilot Schools 14 CFR part 142—Training Centers 14 CFR part 143—Reserved 14 CFR part 144—Does not exist 14 CFR part 145—Repair Stations 14 CFR part 146—Does not exist 14 CFR part 147—Aviation Maintenance Technician Schools 14 CFR part 170—Establishment and Discontinuance Criteria for Air Traffic PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Review year 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Control Services and Navigational Facilities 14 CFR part 171—Non-Federal Navigation Facilities 14 CFR part 172—through 182 Does not exist 14 CFR part 183—Representatives of the Administrator 14 CFR part 184—Does not exist Year 1 (2020) List of Rules Analyzed and Summary of Results 14 CFR part 141—Pilot Schools • Section 610: The agency conducted a Section 610 review of this part and found no SEISNOSE. • General: No changes are needed. 14 CFR part 142—Training Centers • Section 610: The agency conducted a Section 610 review of this part and found no SEISNOSE. • General: No changes are needed. 14 CFR part 145—Repair Stations • Section 610: The agency conducted a Section 610 review of this part and found no SEISNOSE. • General: No changes are needed. 14 CFR part 147—Aviation Maintenance Technician Schools • Section 610: The agency conducted a Section 610 review of this part and found no SEISNOSE. • General: No changes are needed. 14 CFR part 170—Establishment and Discontinuance Criteria for Air Traffic Control Services and Navigational Facilities E:\FR\FM\31JAP12.SGM 31JAP12 5263 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / UA: Reg Flex Agenda • Section 610: The agency conducted a Section 610 review of this part and found no SEISNOSE. • General: No changes are needed. 14 CFR part 171—Non-Federal Navigational Facilities • Section 610: The agency conducted a Section 610 review of this part and found no amendments to 14 CFR 185 since July 2010. Thus, no SEISNOSE exists in this part. • General: No changes are needed. found no amendments to 14 CFR 185 since July 2010. Thus, no SEISNOSE exists in this part. • General: No changes are needed. 14 CFR part 187—Fees • Section 610: The agency conducted a section 610 review of this part and found no SEISNOSE. • General: No changes are needed. Federal Highway Administration Section 610 and Other Reviews Year Regulations to be reviewed 1 ........................ 2 ........................ 3 ........................ 4 ........................ 5 ........................ 6 ........................ 7 ........................ 8 ........................ 9 ........................ 10 ...................... None ......................................................................................................................................... 23 CFR parts 1 to 260 .............................................................................................................. 23 CFR parts 420 to 470 .......................................................................................................... 23 CFR part 500 ....................................................................................................................... 23 CFR parts 620 to 637 .......................................................................................................... 23 CFR parts 645 to 669 .......................................................................................................... 23 CFR parts 710 to 924 .......................................................................................................... 23 CFR parts 940 to 973 .......................................................................................................... 23 CFR parts 1200 to 1252 ...................................................................................................... New parts and subparts ........................................................................................................... Federal-Aid Highway Program The Federal Highway Administration (FHWA) has adopted regulations in title 23 of the CFR, chapter I, related to the Federal-Aid Highway Program. These regulations implement and carry out the provisions of Federal law relating to the administration of Federal aid for highways. The primary law authorizing Federal aid for 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 Year khammond on DSKJM1Z7X2PROD with PROPOSALS4 14 CFR part 183—Representatives of the Administrator • Section 610: The agency conducted a Section 610 review of this part and found no SEISNOSE. • General: No changes are needed. 14 CFR part 185—Testimony by Employees and Production of Records in Legal Proceedings, and Service of Legal Process and Pleadings • Section 610: The agency conducted a section 610 review of this part and comment on this preliminary conclusion. Year 3 (Fall 2020) List of Rules Analyzed and a Summary of the Results 23 CFR part 420—Planning and research program administration • Section 610: No SEISNOSE. No small entities are affected. • General: No changes are needed for purposes of the Regulatory Flexibility Act. FHWA’s plain language review of the regulations indicates no need for substantial revision. 23 CFR part 450—Planning assistance and standards • Section 610: No SEISNOSE. No small entities are affected. • General: No changes are needed for purposes of the Regulatory Flexibility Act. FHWA is proposing to revise aspects of the Part 450 regulations under RIN 2125–AF98 and RIN 2125–AG09. FHWA’s plain language review of the regulations indicates no need for substantial revision. 49 49 49 49 49 49 49 49 49 49 CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR Jkt 256001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 • Section 610: No SEISNOSE. No small entities are affected. • General: No changes are needed for purposes of the Regulatory Flexibility Act. FHWA’s plain language review of the regulations indicates no need for substantial revision. 23 CFR part 470—Highway systems • Section 610: No SEISNOSE. No small entities are affected. • General: No changes are needed for purposes of the Regulatory Flexibility Act. FHWA’s plain language review of the regulations indicates no need for substantial revision. Year 4 (Fall 2021) List of Rules That Will Be Analyzed During the Next Year 23 CFR part 500—Management and Monitoring Systems Federal Motor Carrier Safety Administration Section 610 and Other Reviews Analysis year part 386 ....................................................................................................................... part 385 ....................................................................................................................... parts 382 and 383 ....................................................................................................... part 380 ....................................................................................................................... part 387 ....................................................................................................................... part 398 ....................................................................................................................... part 392 ....................................................................................................................... part 375 ....................................................................................................................... part 367 ....................................................................................................................... part 395 ....................................................................................................................... 18:29 Jan 28, 2022 Review year 23 CFR part 460—Public road mileage for apportionment of highway safety funds Regulations to be reviewed 1 ........................ 2 ........................ 3 ........................ 4 ........................ 5 ........................ 6 ........................ 7 ........................ 8 ........................ 9 ........................ 10 ...................... VerDate Sep<11>2014 Analysis year E:\FR\FM\31JAP12.SGM 31JAP12 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 Review year 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 5264 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / UA: Reg Flex Agenda Year 2 (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 analyzed 49 CFR part 386 and found no SEISNOSE. 49 CFR part 386 is a permissive set of rules that establish procedures 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 recourse for commercial drivers to report employer harassment or coercion to violate rules. • 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. 49 CFR part 385—Safety Fitness Procedures • Section 610: FMCSA analyzed 49 CFR part 385 and found no SEISNOSE. 49 CFR part 385 provides guidance on safety fitness procedures including monitoring, new entrants, intermodal equipment, and hazardous materials safety permits. The rule addresses safety initiatives whose cost are required by 49 Year 49 23 49 49 49 49 49 49 49 49 CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR Year 3 (2021) List of Rules That Will Be Analyzed During the Next Year 49 CFR part 380—Special Training Requirements National Highway Traffic Safety Administration Section 610 and Other Reviews Analysis year 571.223 through 571.500, and parts 575 and 579 ..................................................... part 1300 ..................................................................................................................... parts 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, and 49 CFR parts 529 through 578, except parts 571 and 575 ................. 571.111 through 571.129 and parts 580 through 588 ............................................... 571.201 through 571.212 ............................................................................................ 571.214 through 571.219, except 571.217 ................................................................. parts 591 through 595 and new parts and subparts .................................................. Years 1 Through 3 (Fall 2019–2021) List of Rules With Ongoing Analysis khammond on DSKJM1Z7X2PROD with PROPOSALS4 Year 3 (2020) List of Rules With Ongoing Analysis 49 CFR part 382—Controlled Substances and Alcohol Use and Testing • Section 610: FMCSA analyzed 49 CFR part 382 but found no SEIOSNOSE. 49 CFR part 382 requires carriers to establish a drug and alcohol program. Primary costs are fees to participate in a drug and alcohol consortium that facilitates drug and alcohol testing. Ancillary costs include a loss of productivity due to employees taking time away from their primary responsibilities to take periodic drug and alcohol tests and receive education on controlled substances. The rule also drives modest record keeping and drug and alcohol clearing house access costs. • General: There is no need for substantial revision. These regulations provide necessary/clear guidance to industry employers and drivers. The regulations are written consistent with plain language guidelines, are cost effective, and impose the least economic burden to the industry. 49 CFR part 383—Commercial Driver’s License Standards; Requirements and Penalties • Section 610: FMCSA analyzed 49 CFR part 383 and found no SEISNOSE. 49 CFR part 383 establishes minimum standards for employers to comply with regulations that ensure drivers are qualified to operate a commercial motor vehicle (CMV) and retain only one CMV license. The rule also communicates the circumstances that disqualify a CMV driver. The rule presents minimal costs to small carriers. Most of these costs are beyond the Agency’s discretion as they are predominately mandated by statute and represent sound business practices in support of driver safety. • General: There is no need for substantial revision as these regulations provide necessary guidance to the industry. The regulations are written consistent with plain language guidelines and impose the least economic burden to carriers. Regulations to be reviewed 1 ........................ 2 ........................ 3 ........................ 4 ........................ 5 ........................ 6 ........................ 7 ........................ 8 ........................ 9 ........................ 10 ...................... 49 CFR part 571.213—Child Restraint Systems 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 VerDate Sep<11>2014 CFR parts 360, 367, 387, and 390. These rules do not result in a SEISNOSE, because they do not introduce new costs to small carriers. • General: There is no need for substantial revision as these regulations provide necessary guidance to the industry. The regulations are written consistent with plain language guidelines and impose the least economic burden to industry. 18:29 Jan 28, 2022 Jkt 256001 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 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 Review year 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 49 CFR part 501—Organization and Delegation of Powers and Duties 49 CFR part 509—OMB Control Numbers for Information Collection Requirements 49 CFR part 510—Information Gathering Powers 49 CFR part 511—Adjudicative Procedures 49 CFR part 512—Confidential Business Information 49 CFR part 520—Procedures for Considering Environmental Impacts 49 CFR part 523—Vehicle Classification 49 CFR part 525—Exemptions from Average Fuel Economy Standards E:\FR\FM\31JAP12.SGM 31JAP12 5265 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / UA: Reg Flex Agenda 49 CFR part 526—Petitions and Plans for Relief under the Automobile Fuel Efficiency Act of 1980 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 Year khammond on DSKJM1Z7X2PROD with PROPOSALS4 Year 4 (Fall 2022) List of Rules That Will Be Analyzed During Next Year 49 CFR part 571.131—School Bus Pedestrian Safety Devices 49 CFR part 571.217—Bus Emergency Exits and Window Retention and Release 49 CFR part 571.220—School Bus Rollover Protection 49 CFR part 571.221—School Bus Body Joint Strength 49 CFR part 571.222—School Bus Passenger Seating and Crash Protection Federal Railroad Administration Section 610 and Other Reviews 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 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, 18:29 Jan 28, 2022 Jkt 256001 Analysis year 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 3 (Fall 2020) List of Rules Analyzed and a Summary of Results 49 CFR part 216—Special Notice and Emergency Order Procedures: Railroad Track, Locomotive and Equipment • Section 610: There is no SEISNOSE. • General: Part 216 provides safety and security for railroad employees and the public through special notices for repairs of railroad freight car, locomotive, passenger equipment, and track class, as well as for the issuance and review of emergency orders for removing dangerously substandard track from service. FRA’s plain language review of this rule indicates no need for substantial revision. 49 CFR part 217—Railroad Operating Rules • Section 610: There is no SEISNOSE. 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 218—Railroad Operating Practices D Section 610: There is no SEIOSNOSE. D General: The rule prescribes minimum requirements for railroad operating rules and practices. No changes are needed. FRA’s plain language review of this rule indicates no need for substantial revision. 49 CFR part 219—Control of Alcohol and Drug Use D Section 610: There is no SEISNOSE. D General: No changes are needed. This rule is cost effective and imposes the least burden. FRA’s plain language VerDate Sep<11>2014 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs review of this rule indicates no need for substantial revision. 49 CFR part 220—Railroad Communications D Section 610: This rule has significant economic impacts on a substantial number of small entities. However, the actual burden on most of these railroads varies because of their different operating characteristics. Entities that are not subject to this rule include railroads that do not operate on the general railroad system of transportation. The communication requirements of this rule have been designed to minimize the impact on small railroads. For instance, while large railroads are required to have a working radio and wireless communication redundancy in every train, small railroads are only required to comply with this standard for trains used to transport passengers. As part of the rulemaking process, FRA conducted a review of the impact that this rulemaking could have on small businesses and whether any opportunities may exist to reduce the burdens on small railroads without compromising safety. FRA’s plain language review of this rule indicates no need for substantial revision. D General: The rule prescribes minimum requirements governing the use of wireless communications in connection with railroad operations. Uniform standard communications procedures and requirements throughout the railroad industry are necessary to ensure the protection and safety of railroad employees and the public, and to minimize potential casualties. PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 Review year 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 Year 4 (Fall 2021) List of Rules(s) That Will Be Analyzed During This Year 49 CFR part 221—Rear End Marking Device—Passenger, Commuter and Freight Trains 49 CFR part 222—Use of Locomotive Horns at Public Highway-Rail Grade Crossings 49 CFR part 223—Safety Glazing Standards—Locomotives, Passenger Cars and Cabooses 49 CFR part 224—Reflectorization of Rail Freight Rolling Stock 49 CFR part 225—Rail Accidents/ Incidents: Reports Classification, and Investigations 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 E:\FR\FM\31JAP12.SGM 31JAP12 5266 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / UA: Reg Flex Agenda rule identified in the analysis year as having a SEISNOSE will be reviewed in Year 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 3 (2020) List of Rules Analyzed and Summary of Results 49 CFR part 633—Project Management Oversight • Section 610: FTA conducted a Section 610 review of 49 CFR part 633 and determined that it would not result in a SEISNOSE within the meaning of the RFA. The regulation implements statutorily required procedures for project management oversight of major capital public transportation projects. • General: No changes are needed. FTA amended the Project Management Oversight regulation in 2020 (85 FR 59672) to make it consistent with statutory changes and to modify the scope and applicability of project management oversight. FTA estimated the costs and projected benefits of the rule and determined that it would result Maritime Administration Section 610 and Other Reviews 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 ................................................................................................ 46 CFR parts 390 through 393 ................................................................................................ VerDate Sep<11>2014 18:29 Jan 28, 2022 Jkt 256001 Analysis year 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 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 49 CFR part 611—Major Capital Investment Projects 1 ........................ 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 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 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 Year 4 (2021) List of Rules To Be Analyzed This Year Regulations to be reviewed Year 1 (2018) List of Rules With Ongoing Analysis Review year in an overall burden reduction by reducing recipients’ labor hours for oversight procedures. Year 2 ........................ 3 ........................ 4 ........................ 5 ........................ 6 ........................ 7 ........................ 8 ........................ 9 ........................ 10 ...................... khammond on DSKJM1Z7X2PROD with PROPOSALS4 accordance with section 610(b) to determine if it should be continued Review year 2018 2019 2019 2020 2021 2022 2023 2024 2025 2026 2027 2020 2021 2022 2023 2024 2025 2026 2027 2028 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-Workmanship 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 E:\FR\FM\31JAP12.SGM 31JAP12 5267 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / UA: Reg Flex Agenda Cargoes on U.S.-Flag Commercial Vessels Year 1 (2018) List of Rules Analyzed and a Summary of Results 46 CFR part 204—Claims against the Maritime Administration under the Federal Tort Claims Act • Section 610: There is no SEIOSNOSE. • General: The purpose of this rule is to prescribe the requirements and procedures for administrative claims against the United States involving the Maritime Administration under the Federal Tort Claims Act. The agency has determined that the rule is cost-effective and imposes the least possible burden on small entities. MARAD’s plain language review of this rule indicates no need of substantial revision. Year 2 (2019) List of Rules Analyzed and a Summary of Results 46 CFR part 221 Regulated Transactions Involving Documented Vessels and Other Maritime Interests • Section 610: There is no SEIOSNOSE. Year 49 49 49 49 49 49 49 49 49 49 CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR • Section 610: There is no SEIOSNOSE. • General: The purpose of this rule is to govern practice and procedure to all participants in financial assistance programs administered by the Maritime Administration. The agency has determined that the rule is cost-effective and imposes the least possible burden on small entities. MARAD’s plain language review of this rule indicates no need of substantial revision. 46 CFR part 249—Approval of Underwriters for Marine Hull Insurance 46 CFR part 272—Requirements and Procedures for Conducting Condition Surveys and Administering Maintenance and Repair Subsidy 46 CFR part 277—Domestic and Foreign Trade; Interpretations 46 CFR part 287—Establishment of Construction Reserve Funds 46 CFR part 289—Insurance of Construction-Differential Subsidy Vessels, Operating-Differential Subsidy Vessels and of Vessels Sold or Adjusted Under the Merchant Ship Sales Act of 1946 46 CFR part 295—Maritime Security Program 46 CFR part 296—Maritime Security Program Pipeline and Hazardous Materials Safety Administration (PHMSA) Section 610 and Other Reviews Analysis year part 178 ....................................................................................................................... parts 178 through 180 ................................................................................................ parts 172 and 175 ....................................................................................................... part 171, sections 171.15 and 171.16 ........................................................................ parts 106, 107, 171, 190, and 195 ............................................................................. parts 174, 177, and 199 ............................................................................................. parts 176, 191 and 192 .............................................................................................. parts 172 and 178 ....................................................................................................... parts 172, 173, 174, 176, 177, and 193 ..................................................................... parts 173 and 194 ....................................................................................................... Year 3 (Fall 2021) List of Rules Analyzed and a Summary of Results 49 CFR part 172—Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, Training Requirements, and Security Plans 49 CFR part 175—Carriage by Aircraft khammond on DSKJM1Z7X2PROD with PROPOSALS12 46 CFR 232 Uniform Financial Reporting Requirements Year 3 (2020) List of Rules That Will Be Analyzed During the Year Regulations to be reviewed 1 ........................ 2 ........................ 3 ........................ 4 ........................ 5 ........................ 6 ........................ 7 ........................ 8 ........................ 9 ........................ 10 ...................... • Section 610: PHMSA conducted a review of these parts and found no SEISNOSE. • General: PHMSA has reviewed these parts and found that while these parts do not have SEISNOSE, they could be revised to reflect new technologies and updated to reflect current practices. Therefore, PHMSA has initiated rulemakings to revise portions of parts 172 and 175. Otherwise, PHMSA’s plain language review of these parts indicates no need for substantial revision. Where confusing or ambiguous language has been identified, PHMSA plans to VerDate Sep<11>2014 • General: The purpose of this rule is to govern practice and procedure in regulating interest in or control of Documented Vessels owned by Citizens of the United States to Noncitizens and transactions involving certain maritime interests in time of war or national emergency. The agency has determined that the rule is cost-effective and imposes the least possible burden on small entities. MARAD’s plain language review of this rule indicates no need of substantial revision. 18:29 Jan 28, 2022 Jkt 256001 propose or finalize revisions by way of rulemakings. As an example, the ‘‘Hazardous Materials: Advancing Safety of Modal Specific Provisions’’ (2137–AF41) rulemaking action is part of PHMSA’s response to clarify current regulatory requirements and address public comments. This rulemaking also proposes to address a variety of petitions for rulemaking, specific to modal stakeholders, and other issues identified by PHMSA during its regulatory review. The impact that the 2137–AF41 rulemaking will have on small entities is not expected to be significant. The rulemaking is based on PHMSA’s initiatives and correspondence with the regulated community, as well as PHMSA’s consultation with its modal partners, including FMCSA, FRA, and the United States Coast Guard (USCG). The proposed amendments are expected to result in an overall net cost savings and PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 Review year 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 ease the regulatory compliance burden for small entities, shippers, carriers, manufacturers, and requalifiers, specifically those modal-specific packaging and requalification requirements. 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. For a second example, the ‘‘Hazardous Materials: Harmonization With International Standards’’ (2137– AF46) rulemaking action is part of PHMSA’s ongoing biennial process to harmonize the Hazardous Materials Regulations (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 E:\FR\FM\31JAP12.SGM 31JAP12 5268 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / UA: Reg Flex Agenda 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 hazardous materials law permits PHMSA to depart from international standards where appropriate, including to promote safety or other overriding public interests. However, Federal hazardous materials 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–AF46 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, which helps promote safety through increased regulatory compliance. 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. This rulemaking is expected to lead to both economic and safety benefits. The amendments are expected to result in net benefits 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 a second example of PHMSA’s review of rulemakings which helps ensure that the HMR do not have a significant economic impact on a substantial number of small entities. Year 4 (Fall 2022) List of Rules That Will Be Analyzed During the Next Year 49 CFR part 171—Sections 171.15 and 171.16—Incident Reporting Great Lakes 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 337 .................... + Enhancing Transparency of Airline Ancillary Service Fees (Reg Plan Seq No. 131) ................................. 2105–AF10 + DOT-designated significant regulation. References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. OFFICE OF THE SECRETARY—LONG-TERM ACTIONS Regulation Identifier No. Sequence No. Title 338 .................... + Air Transportation Consumer Protection Requirements for Ticket Agents (Section 610 Review) ............. 2105–AE57 + DOT-designated significant regulation. FEDERAL AVIATION ADMINISTRATION—PROPOSED RULE STAGE Regulation Identifier No. Sequence No. Title 339 .................... + Drug and Alcohol Testing of Certain Maintenance Provider Employees Located Outside of the United States. 2120–AK09 khammond on DSKJM1Z7X2PROD with PROPOSALS12 + DOT-designated significant regulation. FEDERAL AVIATION ADMINISTRATION—FINAL RULE STAGE Regulation Identifier No. Sequence No. Title 340 .................... 341 .................... + Airport Safety Management System ............................................................................................................. + Registration and Marking Requirements for Small Unmanned Aircraft (Reg Plan Seq No. 132) ............... + DOT-designated significant regulation. References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. VerDate Sep<11>2014 18:29 Jan 28, 2022 Jkt 256001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\31JAP12.SGM 31JAP12 2120–AJ38 2120–AK82 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / UA: Reg Flex Agenda 5269 FEDERAL AVIATION ADMINISTRATION—LONG-TERM ACTIONS Regulation Identifier No. Sequence No. Title 342 .................... 343 .................... + Regulation Of Flight Operations Conducted By Alaska Guide Pilots ........................................................... + Applying the Flight, Duty, and Rest Requirements to Ferry Flights that Follow Commuter or On-Demand Operations (FAA Reauthorization). + Aircraft Registration and Airmen Certification Fees ...................................................................................... + Helicopter Air Ambulance Pilot Training and Operational Requirements (HAA II) (FAA Reauthorization) .. Requirements to File Notice of Construction of Meteorological Evaluation Towers and Other Renewable Energy Projects (Section 610 Review). 344 .................... 345 .................... 346 .................... 2120–AJ78 2120–AK26 2120–AK37 2120–AK57 2120–AK77 + DOT-designated significant regulation. FEDERAL AVIATION ADMINISTRATION—COMPLETED ACTIONS Regulation Identifier No. Sequence No. Title 347 .................... + Pilot Records Database (HR 5900) ............................................................................................................... 2120–AK31 + DOT-designated significant regulation. FEDERAL HIGHWAY ADMINISTRATION—PROPOSED RULE STAGE Regulation Identifier No. Sequence No. Title 348 .................... Incorporating Safety Into Federal-aid Programs and Projects (Section 610 Review) ................................... 2125–AG08 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—LONG-TERM ACTIONS Regulation Identifier No. Sequence No. Title 349 .................... + 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 350 .................... Controlled Substances and Alcohol Testing: State Driver’s Licensing Agency Downgrade of Commercial Driver’s License (Completion of a Section 610 Review). 2126–AC11 FEDERAL RAILROAD ADMINISTRATION—PROPOSED RULE STAGE Regulation Identifier No. Sequence No. Title 351 .................... + Train Crew Staffing (Reg Plan Seq No. 139) .............................................................................................. 2130–AC88 + DOT-designated significant regulation. References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. khammond on DSKJM1Z7X2PROD with PROPOSALS12 SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION—PROPOSED RULE STAGE Regulation Identifier No. Sequence No. Title 352 .................... Seaway Regulations and Rules: Periodic Update, Various Categories (Rulemaking Resulting From a Section 610 Review). Tariff of Tolls (Rulemaking Resulting From a Section 610 Review) .......................................................... 353 .................... 2135–AA51 2135–AA52 PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—PROPOSED RULE STAGE Regulation Identifier No. Sequence No. Title 354 .................... + Pipeline Safety: Gas Pipeline Leak Detection and Repair ........................................................................... VerDate Sep<11>2014 18:29 Jan 28, 2022 Jkt 256001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\31JAP12.SGM 31JAP12 2137–AF51 5270 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / UA: Reg Flex Agenda PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—PROPOSED RULE STAGE—Continued Regulation Identifier No. Sequence No. Title 355 .................... + Pipeline Safety: Safety of Gas Distribution Pipelines ................................................................................... 2137–AF53 + DOT-designated significant regulation. PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—FINAL RULE STAGE Regulation Identifier No. Sequence No. Title 356 .................... + Pipeline Safety: Amendments to Parts 192 and 195 to require Valve installation and Minimum Rupture Detection Standards. + Hazardous Materials: Enhanced Safety Provisions for Lithium Batteries Transported by Aircraft (FAA Reauthorization Act of 2018). 357 .................... 2137–AF06 2137–AF20 + DOT-designated significant regulation. PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—LONG-TERM ACTIONS Regulation Identifier No. Sequence No. Title 358 .................... + Pipeline Safety: Pipeline Operational Status ................................................................................................ 2137–AF52 + DOT-designated significant regulation. DEPARTMENT OF TRANSPORTATION (DOT) Office of the Secretary (OST) Proposed Rule Stage 337. • +Enhancing Transparency of Airline Ancillary Service Fees Regulatory Plan: This entry is Seq. No. 131 in part II of this issue of the Federal Register. RIN: 2105–AF10 DEPARTMENT OF TRANSPORTATION (DOT) known as Airline Pricing Transparency and Other Consumer Protection Issues, (2105–AE11) have been separated into this proceeding. Timetable: Next Action Undetermined. Regulatory Flexibility Analysis Required: No. 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–AE57 Office of the Secretary (OST) khammond on DSKJM1Z7X2PROD with PROPOSALS12 Long-Term Actions 338. +Air Transportation Consumer Protection Requirements for Ticket Agents (Section 610 Review) Legal Authority: 49 U.S.C. 41712; FAA Reauthorization Act of 2018, sec. 427 Abstract: This rulemaking would address a number of proposals to enhance protections for air travelers and to improve the air travel environment. Specifically, this rulemaking would enhance airline passenger protections by addressing whether to codify in regulation a definition of the term ‘‘ticket agent.’’ The rulemaking would also consider whether to require large travel agents to adopt minimum customer service standards and prohibit the unfair and deceptive practice of post-purchase price increases. These issues, previously part of a rulemaking VerDate Sep<11>2014 18:29 Jan 28, 2022 Jkt 256001 DEPARTMENT OF TRANSPORTATION (DOT) Federal Aviation Administration (FAA) Proposed Rule Stage 339. +Drug and Alcohol Testing of Certain Maintenance Provider Employees Located Outside of the United States Legal Authority: 14 CFR; 49 U.S.C. 106(g); 49 U.S.C. 40113; 49 U.S.C. 44701; 49 U.S.C. 44702; 49 U.S.C. 44707; 49 U.S.C. 44709; 49 U.S.C. 44717 Abstract: This rulemaking would require controlled substance testing of some employees working in repair stations located outside the United States. The intended effect is to increase participation by companies outside of the United States in testing of employees who perform safety critical functions and testing standards similar PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 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 ANPRM ............... Comment Period Extended. ANPRM Comment Period End. Comment Period End. NPRM .................. Date 03/17/14 05/01/14 FR Cite 79 FR 14621 79 FR 24631 05/16/14 07/17/14 07/00/22 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Julia Brady, Program Analyst, Program Policy Branch, Department of Transportation, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591, Phone: 202 267–8083, Email: julia.brady@faa.gov. RIN: 2120–AK09 E:\FR\FM\31JAP12.SGM 31JAP12 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / UA: Reg Flex Agenda DEPARTMENT OF TRANSPORTATION (DOT) RIN: 2120–AK82 Federal Aviation Administration (FAA) Final Rule Stage DEPARTMENT OF TRANSPORTATION (DOT) 340. +Airport Safety Management System Federal Aviation Administration (FAA) Legal Authority: 49 U.S.C. 44706; 49 U.S.C. 106(g); 49 U.S.C. 40113; 49 U.S.C. 44701 to 44706; 49 U.S.C. 44709; 49 U.S.C. 44719 Abstract: This rulemaking would require certain airport certificate holders to develop, implement, maintain, and adhere to a safety management system (SMS) for its aviation related activities. An SMS is a formalized approach to managing safety by developing an organization-wide safety policy, developing formal methods of identifying hazards, analyzing and mitigating risk, developing methods for ensuring continuous safety improvement, and creating organization-wide safety promotion strategies. Timetable: Action Date khammond on DSKJM1Z7X2PROD with PROPOSALS12 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. Analyzing Comments. 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 12/00/21 01/00/22 Regulatory Flexibility Analysis Required: Yes. Agency Contact: James Schroeder, Office of Airport Safety and Standards, Department of Transportation, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591, Phone: 202 267–4974, Email: james.schroeder@faa.gov. RIN: 2120–AJ38 Long-Term Actions 342. +Regulation of Flight Operations Conducted by Alaska Guide Pilots 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 to 44904; 49 U.S.C. 44906; 49 U.S.C. 44912; 49 U.S.C. 44914; 49 U.S.C. 44936; 49 U.S.C. 44938; 49 U.S.C. 46103; 49 U.S.C. 46105; 49 U.S.C. 46306; 49 U.S.C. 46315 to 46316; 49 U.S.C. 46504; 49 U.S.C. 46506 to 46507; 49 U.S.C. 47122; 49 U.S.C. 47508; 49 U.S.C. 47528 to 47531; Articles 12 and 29 of 61 Statue 1180; Pub. L. 106–181, sec. 732 Abstract: The rulemaking would establish regulations concerning Alaska guide pilot operations. The rulemaking would implement Congressional legislation and establish additional safety requirements for the conduct of these operations. The intended effect of this rulemaking is to enhance the level of safety for persons and property transported in Alaska guide pilot operations. In addition, the rulemaking would add a general provision applicable to pilots operating under the general operating and flight rules concerning falsification, reproduction, and alteration of applications, logbooks, reports, or records. This rulemaking is a statutory mandate under section 732 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (Pub. L. 106–181). Timetable: Next Action Undetermined. Regulatory Flexibility Analysis Required: Yes. Agency Contact: Jeff Smith, Department of Transportation, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20785, Phone: 202 365–3617, Email:jeffrey.smith@faa.gov. RIN: 2120–AJ78 341. +Registration and Marking Requirements for Small Unmanned Aircraft 343. +Applying the Flight, Duty, and Rest Requirements to Ferry Flights That Follow Commuter or On-Demand Operations (FAA Reauthorization) Regulatory Plan: This entry is Seq. No. 132 in part II of this issue of the Federal Register. Legal Authority: 49 U.S.C. 106(f); 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. VerDate Sep<11>2014 18:29 Jan 28, 2022 Jkt 256001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 5271 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 ANPRM ............... Date FR Cite 11/00/22 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Chester Piolunek, Department of Transportation, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591, Phone: 202 267–3711, Email: chester.piolunek@faa.gov. RIN: 2120–AK26 344. +Aircraft Registration and Airmen Certification Fees 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. E:\FR\FM\31JAP12.SGM 31JAP12 5272 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / UA: Reg Flex Agenda Timetable: Action Date NPRM .................. FR Cite 12/00/22 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 khammond on DSKJM1Z7X2PROD with PROPOSALS12 345. +Helicopter Air Ambulance Pilot Training and Operational Requirements (HAA II) (FAA Reauthorization) Legal Authority: 49 U.S.C. 106(f); 49 U.S.C. 106(g); 49 U.S.C. 40113; 49 U.S.C. 41706; 49 U.S.C. 44701; 49 U.S.C. 44702; 49 U.S.C. 44705; 49 U.S.C. 44709; 49 U.S.C. 44711 to 44713; 49 U.S.C. 44715 to 44717; 49 U.S.C. 44722; 49 U.S.C. 44730; 49 U.S.C. 45101 to 45105 Abstract: This rulemaking would develop training requirements for crew resource management, flight risk evaluation, and operational control of the pilot in command, as well as to develop standards for the use of flight simulation training devices and lineoriented flight training. Additionally, it would establish requirements for the use of safety equipment for flight crewmembers and flight nurses. These changes will aide in the increase in aviation safety and increase survivability in the event of an accident. Without these changes, the Helicopter Air Ambulance industry may continue to see the unacceptable high rate of aircraft accidents. This rulemaking is a statutory mandate under section 306(e) of the FAA Modernization and Reform Act of 2012 (Pub. L. 112–95). Timetable: Next Action Undetermined. Regulatory Flexibility Analysis Required: Yes. Agency Contact: Chris Holliday, Department of Transportation, Federal Aviation Administration, 801 Pennsylvania Avenue NW, Washington, DC 20024, Phone: 202 267–4552, Email: chris.holliday@faa.gov. RIN: 2120–AK57 346. Requirements To File Notice of Construction of Meteorological Evaluation Towers and Other Renewable Energy Projects (Section 610 Review) Legal Authority: 49 U.S.C. 40103 Abstract: This rulemaking would add specific requirements for proponents VerDate Sep<11>2014 18:29 Jan 28, 2022 Jkt 256001 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 12/00/22 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, Email: sheri.edgett-baron@faa.gov. RIN: 2120–AK77 Action NPRM Comment Period End. NPRM Comment Period End. Final Rule ............ Correction ............ Final Rule Effective. Date FR Cite 06/29/20 06/29/20 06/10/21 06/17/21 08/09/21 86 FR 31006 86 FR 32185 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Christopher Morris, Department of Transportation, Federal Aviation Administration, 6500 S MacArthur Boulevard, Oklahoma City, OK 73169, Phone: 405 954–4646, Email: christopher.morris@faa.gov. RIN: 2120–AK31 BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION (DOT) Federal Highway Administration (FHWA) DEPARTMENT OF TRANSPORTATION (DOT) Federal Aviation Administration (FAA) Completed Actions 347. +Pilot Records Database (HR 5900) Legal Authority: 49 U.S.C. 106(f); 49 U.S.C. 106(g); 49 U.S.C. 1155; 49 U.S.C. 40103; 49 U.S.C. 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 (Aug. 1, 2010). Section 203 amends the Pilot Records Improvement Act by requiring the FAA to create a pilot records database that contains various types of pilot records. These records would be provided by the FAA, air carriers, and other persons who employ pilots, and used by potential employers prior to making hiring decisions. The FAA must maintain these records until it receives notice that a pilot is deceased. Timetable: Action Date NPRM .................. PO 00000 Frm 00018 03/30/20 Fmt 4701 Sfmt 4702 Proposed Rule Stage 348. • Incorporating Safety Into Federal-Aid Programs and Projects (Section 610 Review) Legal Authority: 23 U.S.C. 109 Abstract: This rulemaking would establish new FHWA regulations to require safety integration across all Federal-aid highway programs and necessary mitigation on some or all Federal-aid highway projects. The new regulations would assist State agencies in making meaningful safety investments to save lives and reduce injuries on the Nation’s highways. Timetable: Action NPRM .................. Date FR Cite 05/00/22 Regulatory Flexibility Analysis Required: No. Agency Contact: Phillip Bobitz, Department of Transportation, Federal Highway Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, Phone: 717–221–4574, Email: phillip.bobitz@dot.gov. RIN: 2125–AG08 BILLING CODE 4910–22–P FR Cite 85 FR 17660 E:\FR\FM\31JAP12.SGM 31JAP12 5273 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / UA: Reg Flex Agenda DEPARTMENT OF TRANSPORTATION (DOT) Federal Motor Carrier Safety Administration (FMCSA) Long-Term Actions 349. +Safety Monitoring System and Compliance Initiative for MexicoDomiciled Motor Carriers Operating in the United States 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. khammond on DSKJM1Z7X2PROD with PROPOSALS12 Action Date NPRM .................. NPRM Comment Period End. Interim Final Rule Interim Final Rule Comment Period End. Interim Final Rule Effective. Notice of Intent to Prepare an EIS. EIS Public Scoping Meetings. Next Action Undetermined. FR Cite 05/03/01 07/02/01 66 FR 22415 03/19/02 04/18/02 67 FR 12758 05/03/02 08/26/03 68 FR 51322 10/08/03 68 FR 58162 18:29 Jan 28, 2022 DEPARTMENT OF TRANSPORTATION (DOT) Federal Motor Carrier Safety Administration (FMCSA) Completed Actions Jkt 256001 Action Final Rule; Correction. Final Rule Effective. Date 10/29/21 FR Cite 86 FR 59871 11/08/21 Regulatory Flexibility Analysis Required: No. Agency Contact: Gian Marshall, Management and Program Analyst, Department of Transportation, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, Phone: 202 366– 0928, Email: gian.marshall@dot.gov. RIN: 2126–AC11 350. Controlled Substances and Alcohol Testing: State Driver’s Licensing Agency Downgrade of Commercial Driver’s License (Completion of a Section 610 Review) BILLING CODE 4910–EX–P Legal Authority: 49 U.S.C. 31136(a); 49 U.S.C. 31305(a) Abstract: FMCSA is amending its regulations to establish requirements for State Driver’s Licensing Agencies (SDLAs) to access and use information obtained through the Drug and Alcohol Clearinghouse (DACH or Clearinghouse), an FMCSAadministered database containing driver-specific controlled substance (drug) and alcohol records. SDLAs must not issue, renew, upgrade, or transfer a commercial driver’s license (CDL), or commercial learner’s permit (CLP), as applicable, for any individual prohibited under FMCSA’s regulations from performing safety-sensitive functions, including driving a commercial motor vehicle (CMV), due to one or more drug and alcohol program violations. Further, SDLAs must remove the CLP or CDL privilege from the driver’s license of an individual subject to the CMV driving prohibition, which would result in a downgrade of the license until the driver complies with return-toduty (RTD) requirements. This rule also requires States receiving Motor Carrier Safety Assistance Program (MCSAP) grant funds to adopt a compatible CMV driving prohibition applicable to CLP and CDL holders who violate FMCSA’s drug and alcohol program requirements, and makes clarifying and conforming changes to current regulations. The final rule will help keep unsafe drivers off the road by increasing compliance with the CMV driving prohibition. Timetable: Federal Railroad Administration (FRA) Action Regulatory Flexibility Analysis Required: Yes. VerDate Sep<11>2014 Agency Contact: Sarah Stella, Division Chief, Department of Transportation, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, Phone: 202 493–0192, Email: sarah.stella@dot.gov. RIN: 2126–AA35 Date NPRM .................. Final Rule ............ PO 00000 Frm 00019 04/28/20 10/07/21 Fmt 4701 Sfmt 4702 FR Cite 85 FR 23670 86 FR 55718 DEPARTMENT OF TRANSPORTATION (DOT) Proposed Rule Stage 351. +Train Crew Staffing Regulatory Plan: This entry is Seq. No. 139 in part II of this issue of the Federal Register. RIN: 2130–AC88 BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION (DOT) Saint Lawrence Seaway Development Corporation (SLSDC) Proposed Rule Stage 352. • Seaway Regulations and Rules: Periodic Update, Various Categories (Rulemaking Resulting From a Section 610 Review) Legal Authority: 33 U.S.C. 981 et seq. Abstract: The Great Lakes St. Lawrence Seaway Development Corporation (GLS) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Regulations and Rules (Practices and Procedures in Canada) in their respective jurisdictions. Under agreement with the SLSMC, the GLS is amending the joint regulations by updating the Regulations and Rules in various categories. Timetable: Action NPRM .................. Date FR Cite 11/00/21 Regulatory Flexibility Analysis Required: No. E:\FR\FM\31JAP12.SGM 31JAP12 5274 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / UA: Reg Flex Agenda Agency Contact: Michal Chwedczuk, Department of Transportation, Saint Lawrence Seaway Development Corporation, 1200 New Jersey Avenue SE, Washington, DC 20590, Phone: 202 366–0091, Email: michal.chwedczuk@ dot.gov. RIN: 2135–AA51 353. • Tariff Of Tolls (Rulemaking Resulting From a Section 610 Review) Legal Authority: 33 U.S.C. 981 et seq. Abstract: The Great Lakes St. Lawrence Seaway Development Corporation (GLS) 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 GLS and the SLSMC. Timetable: Action Date NPRM .................. FR Cite Date NPRM .................. 05/00/22 355. +Pipeline Safety: Safety of Gas Distribution Pipelines Legal Authority: 49 U.S.C. 60101 et seq. Abstract: This rulemaking would amend the pipeline safety regulations to enhance the safety requirements for gas distribution pipelines. The proposed rule is necessary to respond to several mandates from title II of the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020 (PIPES Act of 2020). Timetable: Action BILLING CODE 4910–61–P FR Cite Regulatory Flexibility Analysis Required: Yes. Agency Contact: Sayler Palabrica, Department of Transportation, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE, District of Columbia, DC 20590, Phone: 202–366–0559, Email: sayler.palabrica@dot.gov. RIN: 2137–AF51 11/00/21 Regulatory Flexibility Analysis Required: No. Agency Contact: Michal Chwedczuk, Department of Transportation, Saint Lawrence Seaway Development Corporation, 1200 New Jersey Avenue SE, Washington, DC 20590, Phone: 202 366–0091, Email: michal.chwedczuk@ dot.gov. RIN: 2135–AA52 khammond on DSKJM1Z7X2PROD with PROPOSALS12 Action Date NPRM .................. FR Cite 07/00/22 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Ashlin Bollacker, Technical Writer, Department of Transportation, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE, Washington DC, DC 20590, Phone: 202–366–4203, Email: ashlin.bollacker@dot.gov. RIN: 2137–AF53 DEPARTMENT OF TRANSPORTATION (DOT) DEPARTMENT OF TRANSPORTATION (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) Pipeline and Hazardous Materials Safety Administration (PHMSA) Proposed Rule Stage Final Rule Stage 354. +Pipeline Safety: Gas Pipeline Leak Detection and Repair 356. +Pipeline Safety: Amendments to Parts 192 and 195 To Require Valve Installation and Minimum Rupture Detection Standards Legal Authority: 49 U.S.C. 60101 et seq. Abstract: This rulemaking action would revise the Pipeline Safety Regulations applicable to most newly constructed and entirely replaced onshore natural gas transmission and hazardous liquid pipelines to improve rupture mitigation and shorten pipeline segment isolation times. The rulemaking action would define ‘‘notification of potential rupture’’ and outline certain Legal Authority: 49 U.S.C. 60101 et seq. Abstract: This rulemaking would amend the pipeline safety regulations to enhance requirements for detecting and repairing leaks on new and existing natural gas distribution, gas transmission, and gas gathering pipelines. The proposed rule is necessary to respond to a mandate from section 113 of the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020. Timetable: VerDate Sep<11>2014 18:29 Jan 28, 2022 Jkt 256001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 performance standards related to rupture identification and pipeline segment isolation. This rulemaking action also would require specific valve maintenance and inspection requirements, and 9–1–1 notification requirements to help operators achieve better rupture response and mitigation. Timetable: Action NPRM .................. NPRM Comment Period End. Final Rule ............ Date 02/06/20 04/06/20 FR Cite 85 FR 7162 02/00/22 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Robert Jagger, Technical Writer, Department of Transportation, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue, Washington, DC 20590, Phone: 202–366–4595, Email: robert.jagger@dot.gov. RIN: 2137–AF06 357. +Hazardous Materials: Enhanced Safety Provisions for Lithium Batteries Transported by Aircraft (FAA Reauthorization Act of 2018) Legal Authority: 49 U.S.C. 44701; 49 U.S.C. 5103(b); 49 U.S.C. 5120(b) Abstract: This rulemaking amends the Hazardous Materials Regulations (HMR) to (1) prohibit the transport of lithium ion cells and batteries as cargo on passenger aircraft; (2) require all lithium ion cells and batteries to be shipped at not more than a 30 percent state of charge on cargo-only aircraft; and (3) limit the use of alternative provisions for small lithium cell or battery to one package per consignment. The amendments do not restrict passengers or crew members from bringing personal items or electronic devices containing lithium cells or batteries aboard aircraft, or restrict the air transport of lithium ion cells or batteries when packed with or contained in equipment. To accommodate persons in areas potentially not serviced daily by cargo aircraft, PHMSA provides a limited exception for not more than two replacement lithium cells or batteries specifically used for medical devices to be transported by passenger aircraft and at a state of charge greater than 30 percent, under certain conditions and as approved by the Associate Administrator. This rulemaking is necessary to meet the FAA Reauthorization Act of 2018, address a safety hazard, and harmonize the HMR with emergency amendments to the 2015–2016 edition of the International Civil Aviation Organization’s Technical E:\FR\FM\31JAP12.SGM 31JAP12 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / UA: Reg Flex Agenda Instructions for the Safe Transport of Dangerous Goods by Air. Timetable: Action Date Interim Final Rule Interim Final Rule Effective. Interim Final Rule Comment Period End. Final Rule ............ 03/06/19 03/06/19 DEPARTMENT OF TRANSPORTATION (DOT) FR Cite 84 FR 8006 05/06/19 02/00/22 khammond on DSKJM1Z7X2PROD with PROPOSALS12 18:29 Jan 28, 2022 Jkt 256001 from the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020. Timetable: Long-Term Actions Action 358. +Pipeline Safety: Pipeline Operational Status Regulatory Flexibility Analysis Required: Yes. Agency Contact: Shelby Geller, Transportation Regulations Specialist, Transportation & Security, 1200 New Jersey Avenue SE, Washington, DC 20590, Phone: 202 366–8553, Email: shelby.h.geller@omb.eop.gov. RIN: 2137–AF20 VerDate Sep<11>2014 Pipeline and Hazardous Materials Safety Administration (PHMSA) Legal Authority: 49 U.S.C. 60101 et seq. Abstract: This rulemaking would amend the pipeline safety regulations to define an idled operational status for natural gas and hazardous liquid pipelines that are temporarily removed from service, set operations and maintenance requirements for idled pipelines, and establish inspection requirements for idled pipelines that are returned to service. The proposed rule is necessary to respond to a mandate PO 00000 Frm 00021 Fmt 4701 Sfmt 9990 5275 NPRM .................. Date FR Cite 04/00/23 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Sayler Palabrica, Department of Transportation, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE, District of Columbia, DC 20590, Phone: 202–366–0559, Email: sayler.palabrica@dot.gov. RIN: 2137–AF52 [FR Doc. 2021–27948 Filed 1–28–22; 8:45 am] BILLING CODE 4910–60–P E:\FR\FM\31JAP12.SGM 31JAP12

Agencies

[Federal Register Volume 87, Number 20 (Monday, January 31, 2022)]
[Unknown Section]
[Pages 5256-5275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27948]

[[Page 5255]]

Vol. 87

Monday,

No. 20

January 31, 2022

Part XII

Department of Transportation

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Semiannual Regulatory Agenda

Federal Register / Vol. 87 , No. 20 / Monday, January 31, 2022 / UA:
Reg Flex Agenda

[[Page 5256]]

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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 Agenda is a semiannual summary of all current
and projected rulemakings, reviews of existing regulations, and
completed actions of the Department of Transportation. 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 participate more effectively 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 Daniel Cohen, Assistant General Counsel for Regulation,
Office of the General Counsel, Department of Transportation, 1200 New
Jersey Avenue SE, Washington, DC 20590; (202) 366-4702.

Specific

You should direct all comments and inquiries on 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

The U.S. Department of Transportation (Department or DOT) issues
regulations to ensure that the United States transportation system is
the safest in the world and address other urgent challenges facing the
Nation, including the coronavirus disease 2019 (COVID-19) pandemic, job
creation, equity, and climate change. These issues are addressed, in
part, by encouraging innovation, thereby ensuring that the Department's
regulations keep pace with the latest developments and reflect its top
priorities.
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), the Department prepares a semiannual Agenda.
The Agenda 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 to begin during
the next 12 months or for which action has been completed since the
publication of the last Agenda in July 2021.
The Department's actions are also governed by several recent
executive orders issued by the President, which direct agencies to
utilize all available regulatory tools to address current national
challenges. On January 20, 2021, the President signed Executive Order
13992, Revocation of Certain Executive Orders Concerning Federal
Regulation. This Executive Order directs Federal agencies to promptly
take steps to rescind any orders, rules, regulations, guidelines, or
policies that would hamper the agencies' flexibility to use robust
regulatory action to address national priorities. On January 20, the
President also issued Executive Order 13990, Protecting Public Health
and the Environment and Restoring Science To Tackle the Climate Crisis.
This Executive Order directs Federal agencies to review all regulatory
actions issued in the previous Administration and revise or rescind any
of those actions that do not adequately respond to climate change,
protect the environment, advance environmental justice, or improve
public health. Section 2(a)(ii) of Executive Order 13990 specifically
requires the Department of Transportation to review ``The Safer
Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National
Program,'' 84 FR 51310 (September 27, 2019) (SAFE I Rule) and ``The
Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years
2021-2026 Passenger Cars and Light Trucks,'' 85 FR 24174 (April 30,
2020) (SAFE II Rule).
On July 9, 2021, the President signed Executive Order 14036,
Promoting Competition in the American Economy. Among other things, this
Executive Order requires the Department to enhance consumer access to
airline flight information and ensure that consumers are not exposed or
subject to advertising, marketing, pricing, and charging of ancillary
fees that may constitute an unfair or deceptive practice or an unfair
method of competition. This Executive Order also requires the
Department to: (1) Publish a notice of proposed rulemaking (NPRM)
requiring airlines to refund baggage fees when a passenger's luggage is
substantially delayed and other ancillary fees when passengers pay for
a service that is not provided; and (2) consider initiating a
rulemaking to ensure that consumers have ancillary fee information,
including ``baggage fees,'' ``change fees,'' and ``cancellation fees,''
at the time of ticket purchase.
On August 5, 2021, the President signed Executive Order 14037,
Strengthening American Leadership in Clean Cars and Trucks. This
Executive Order requires that the Department consider beginning work on
a rulemaking to establish new fuel economy standards for passenger cars
and light-duty trucks beginning with model year 2027 and extending
through and including at least model year 2030. This Executive Order
also requires the Department to consider beginning work on a rulemaking
to establish new fuel efficiency standards for heavy-duty pickup trucks
and vans beginning with model year 2028 and extending through and
including at least model year 2030. Finally, this Executive Order
requires the Department to consider beginning work on a rulemaking to
establish new fuel efficiency standards for medium- and heavy-duty
engines and vehicles to begin as soon as model year 2030.
In response to Executive Order 13992, in April 2021, the Department
issued a final rule revising the regulations governing its regulatory
process to ensure that it has the maximum flexibility necessary to
quickly respond to the urgent challenges facing our Nation. Following
implementation of the final rule, in June 2021, the

[[Page 5257]]

Secretary of Transportation signed a Departmental Order strengthening
the Department's internal rulemaking procedures and revitalizing the
partnership between Operating Administrations and the Office of the
Secretary in promulgating regulations to better achieve the
Department's goals and priorities. As part of this critical overhaul, a
Regulatory Leadership Group was established, led by the Deputy
Secretary of Transportation, which provides vital legal and policy
guidance on the Department's regulatory agenda.
In response to Executive Order 13990, in May 2021, the Department
issued a notice of proposed rulemaking (NPRM) proposing to repeal the
SAFE I Rule and associated guidance documents. In August 2021, the
Department issued a Supplemental Notice of Proposed Rulemaking inviting
comments on the appropriate path forward regarding civil penalties
imposed for violations of DOT's vehicle emissions rules. Finally, in
September 2021, the Department issued an NPRM proposing more stringent
vehicle emission limits than those set by the SAFE II Rule.
In response to Executive Orders 14036 and 14037, the Department is
considering the following rulemakings: (1) Refunding Fees for Delayed
Checked Bags and Ancillary Services That Are Not Provided; (2) Airline
Ticket Refunds; (3) Amendments to Department's Procedures in Regulating
Unfair and Deceptive Practices; and (4) fuel economy standards for
passenger cars, light-duty trucks, heavy-duty pickup trucks, and vans.
The Department is also providing rapid response to, and emergency
review of legal and operational challenges presented by COVID-19 within
the transportation network. Since the beginning of this Administration,
our efforts have focused on ensuring compliance with the mask
requirements issued by the Centers for Disease Control and Prevention
and the Transportation Security Administration. These requirements help
reduce the spread of the COVID-19 disease within the transportation
sector and among the traveling public. DOT is also addressing
regulatory compliance made impracticable by the COVID-19 public health
emergency due to office closures, personnel shortages, and other
restrictions.
In addition to the pressing national concerns discussed above, the
Department's regulatory activities are directed toward the fundamental
priority of protecting public safety. Safety is our North Star; the
Department remains focused on managing safety risks and ensuring that
the United States has the safest transportation system in the world.
Our planned regulatory actions reflect a careful balance that
emphasizes the Department's robust response to the challenges facing
our Nation while at the same time maintaining a safe, reliable, and
sustainable transportation system that boosts our economic productivity
and global competitiveness and enhances the quality of life for all
Americans.

Explanation of Information in the Agenda

An Office of Management and Budget memorandum, dated August 16,
2021, establishes the format for this Agenda.
First, the Agenda is divided by initiating office. Then, the Agenda
is divided into five categories: (1) Prerule stage; (2) proposed rule
stage; (3) final rule stage; (4) long-term actions; and (5) completed
actions. For each entry, the Agenda provides the following information:
(1) Its ``significance''; (2) a short, descriptive title; (3) its legal
basis; (4) the related regulatory citation in the Code of Federal
Regulations; (5) any legal deadline and, if so, for what action (e.g.,
NPRM, final rule); (6) an abstract; (7) a timetable, including the
earliest expected date for when a rulemaking document may publish; (8)
whether the rulemaking will affect small entities and/or levels of
Government and, if so, which categories; (9) whether a Regulatory
Flexibility Act (RFA) analysis is required (for rules that would have a
significant economic impact on a substantial number of small entities);
(10) a listing of any analyses an office will prepare or has prepared
for the action (with minor exceptions, DOT requires an economic
analysis for all its rulemakings); (11) an agency contact office or
official who can provide further information; (12) a Regulation
Identifier Number (RIN) assigned to identify an individual rulemaking
in the Agenda and facilitate tracing further action on the issue; (13)
whether the action is subject to the Unfunded Mandates Reform Act; (14)
whether the action is subject to the Energy Act; and (15) whether the
action is major under the congressional review provisions of the Small
Business Regulatory Enforcement Fairness Act.
To keep the operational requirements, current 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), 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
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 decided 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. However, a
portion of the Agenda is published in the Federal Register because the
Regulatory Flexibility Act (5 U.S.C. 602) mandates publication for the
regulatory flexibility agenda.
Accordingly, DOT's printed Agenda entries include only:
1. The agency's Agenda preamble.
2. Rules that are in the agency's regulatory flexibility agenda, in
accordance with the Regulatory Flexibility Act, because they are likely
to have a significant economic impact on a substantial number of small
entities; and
3. Any rules that the agency has identified for periodic review
under section 610 of the Regulatory Flexibility Act.
Printing of these entries is limited to fields that contain
information required by the Regulatory Flexibility Act's Agenda
requirements. These elements are: Sequence Number; Title; Section 610
Review, if applicable; Legal Authority; Abstract; Timetable; Regulatory
Flexibility Analysis Required; Agency Contact; and Regulation
Identifier Number (RIN). Additional information (for detailed list, see
section heading ``Explanation of Information on the Agenda'') on these
entries is available in the Unified Agenda published on the internet.

[[Page 5258]]

Request for Comments

General

DOT's Agenda is intended primarily for the use of the public. Since
its inception, the Department has made modifications and refinements
that 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.

Regulatory Flexibility Act

The Department is 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 the Department, 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 the Department to develop
a 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 about any specific item on the Agenda. Regulatory
action, in addition to the items listed, is not precluded.

Dated: September 13, 2021.
Peter Paul Montgomery Buttigieg,
Secretary of Transportation.

Appendix A--Instructions for Obtaining Copies of Regulatory Documents

To obtain a copy of a specific regulatory document in the
Agenda, you should communicate directly with the contact person
listed with the regulation at the address below. We note that most,
if not all, such documents, including the Semiannual Regulatory
Agenda, are available through the internet at https://www.regulations.gov. See appendix C for more information.

Appendix B--General Rulemaking Contact Persons

The following is a list of persons who can be contacted within
the Department for general information concerning the rulemaking
process within the various operating administrations.
FAA--Timothy R. Adams, 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--Dee Fujita, 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 E, Washington, DC 20590; telephone (202) 366-3101.
GLS--Carrie Mann Lavigne, Chief Counsel, 180 Andrews Street,
Massena, NY 13662; telephone (315) 764-3200.
PHMSA--Robert Ross, Office of Chief Counsel, 1200 New Jersey
Avenue SE, Washington, DC 20590; telephone (202) 768-1365.
MARAD--Gabriel Chavez, Office of Chief Counsel, Maritime
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590;
telephone (202) 366-2621.
OST--Daniel Cohen, Assistant General Counsel for Regulation,
1200 New Jersey Avenue SE, Washington, DC 20590; telephone (202)
366-4723.

Appendix C--Public Rulemaking Dockets

All comments submitted via the internet are submitted through
the Federal Docket Management System (FDMS) at the following
address: https://www.regulations.gov. The FDMS allows the public to
search, view, download, and comment on all Federal agency rulemaking
documents in one central online system. The above referenced
internet address also allows the public to sign up to receive
notification when certain documents are placed in the dockets.
The public also may review regulatory dockets at or deliver
comments on proposed rulemakings to the Dockets Office at 1200 New
Jersey Avenue SE, Room W12-140, Washington, DC 20590, 1-800-647-
5527. Working Hours: 9:00 a.m. to 5:00 p.m.

Appendix D--Review Plans for Section 610 and Other Requirements

Part I--The Plan

General

The Department of Transportation has long recognized the
importance of regularly reviewing its existing regulations to
determine whether they need to be revised or revoked. Our Regulatory
Policies and Procedures require such reviews. DOT also has
responsibilities under section 610 of the Regulatory Flexibility
Act, Executive Order 12866, ``Regulatory Planning and Review,'' and
Executive Order 13563, ``Improving Regulation and Regulatory
Review,'' 76 FR 3821 (January 18, 2011) to conduct such reviews. 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 began 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, 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.

[[Page 5259]]

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 each 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 the Department 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, DOT 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.
10.................... 49 CFR parts 29 2027 2028
through 39 and
parts 41
through 89.
------------------------------------------------------------------------

Year 10 (Fall 2018) List of Rules Analyzed and Summary of Results
49 CFR part 30--Denial of Public Works Contracts to Suppliers of Goods
and Services of Countries that Deny Procurement Market Access to U.S.
Contractors

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. OST's plain language review of
these rules indicates no need for substantial revision.

49 CFR part 31--Program Fraud Civil Remedies

49 CFR part 37--Transportation Services for Individuals with
Disabilities (ADA)

The U.S. Department of Transportation (DOT) Office of the
Secretary (OST), with the assistance of its Operating Administrations,
including the Federal Transit Administration (FTA), is in the process
of issuing multiple rulemakings that call for changes to the regulatory
language in 49 CFR part 37. Specifically, OST is administering a
rulemaking titled: ``Transportation for Individuals with Disabilities;
Service Animals and Technical Corrections'' (RIN 2105-AF08) which would
propose changes to the definition of ``service animal'' in 49 CFR part
37.3, and several other technical corrections to outdated provisions,
such as that referencing a make and model of a lift that has been out
of production for three decades (49 CFR part 37.165(g)). In addition,
OST is developing a rulemaking titled ``Equitable Access to Transit
Facilities'' (RIN 2105-AF07) in which DOT would consider requirements
for secondary elevators, induction loops, and improvements in
wayfinding in transit stations. In conjunction with these pending
rulemakings, DOT will need to conduct a section 610 review of this
part, and, if appropriate, initiate additional rulemaking(s) to
minimize the SEISNOSE, bring the regulation into compliance with
statutory requirements,

[[Page 5260]]

and/or revise the regulation for plain language.

49 CFR part 38--Americans with Disabilities Act (ADA) Accessibility
Specifications for Transportation Vehicles

The U.S. Department of Transportation (DOT) Office of the
Secretary (OST), with the assistance of its Operating Administrations,
including the Federal Transit Administration (FTA), is in the process
of issuing a rulemaking that calls for changes to the regulatory
language in 49 CFR part 38. Specifically, OST is developing a
rulemaking titled: ``Transportation for Individuals with Disabilities;
Adoption of Accessibility Standards for Buses and Vans'' (RIN 2105-
AF09) in order to consider new standards for accessible buses and vans
based on updated accessibility guidelines issued by the U.S. Access
Board (USAB) on December 14, 2016. In conjunction with this pending
rulemaking, OST will need to conduct a Section 610 review of this part,
and, if appropriate, initiate additional rulemaking(s) to minimize the
SEISNOSE, bring the regulation into compliance with statutory
requirements, and/or revise the regulation for plain language.

49 CFR part 39--Transportation for Individuals with Disabilities:
Passenger Vessels

Section 610: The U.S. Department of Transportation (DOT)
Office of the Secretary (OST) conducted a Section 610 review of this
part and found SEISNOSE. The regulation requires owners and operators
of passenger vessels to (1) ensure their vessels and related facilities
are accessible; and (2) take steps to accommodate passengers with
disabilities. These requirements can entail significant investments
from owners and operators of passenger vessels, many of whom qualify as
small businesses as defined by the U.S. Small Business Administration.
OST plans to explore whether it is appropriate to initiate a rulemaking
to revise this regulation to minimize the SEISNOSE.
General: The definition of ``service animal'' contained in
49 CFR 39.3 is inconsistent with the amendments made by the Department
of Justice (DOJ) on July 23, 2010, (see 28 CFR 35.104 and 35.136), as
well as the definition under DOT's Air Carrier Access Act regulations
(see 14 CFR 382.3), as amended on December 10, 2020. The current
requirement under 49 CFR 39.3 defines service animals as ``any guide
dog, signal dog, or other animal individually trained to work or
perform tasks for an individual with a disability.'' DOJ defines a
service animal in terms of ``any dog that is individually trained to do
work or perform tasks for the benefit of an individual with a
disability, including a physical, sensory, psychiatric, intellectual,
or other mental disability'' (see 28 CFR 35.104) (emphasis added). And
under 28 CFR 35.136(i), reasonable modifications in policy and
practices must be made where necessary to accommodate miniature horses
as service animals. As such, failure to update this regulation will
leave the passenger vessel industry subject to accommodating unusual
service animals, such as reptiles and primates. On the other hand,
updating the definition of ``service animal'' under 49 CFR 39.3 will
ensure consistency across Federal regulations, which is essential to
removing the confusion that results for individuals with service
animals when different standards apply to different public facilities
and modes of transportation. OST has already recognized the need to
update the ``service animal'' definition contained in 49 CFR 37.3 for
the aforementioned reasons and is in the process of developing a
rulemaking titled: ``Transportation for Individuals with Disabilities;
Service Animals and Technical Corrections'' (RIN 2105-AF08) in order to
make the necessary change.
In addition, 49 CFR 39.31 addresses the ability of passenger vessel
owners or operators to limit access to or use of their vessels because
a passenger has a communicable disease. The regulation permits owners
or operators to limit access or use where: (1) A U.S. or international
public health authority has determined that persons with a particular
condition should not be permitted to travel or should travel only under
specified conditions; or (2) an individual has a condition that is both
readily transmissible by casual contact in the context of traveling on
or using a passenger vessel and has serious health consequences. The
regulation provides examples of conditions that passengers may have
(e.g., a common cold, HIV/AIDS, SARS, or a norovirus) and the
appropriate actions (if any) that passenger vessel owners or operators
may take in response. However, the regulation does not address how
passenger vessel owners or operators should handle passengers with the
novel Coronavirus Disease 2019 (COVID-19). Given the ubiquity of the
virus and its likely presence and impact in the future, the regulation
should be revised to expressly address COVID-19 in the example section.
As a result, OST will need to conduct a rulemaking to bring this
regulation into compliance with the statutory requirements and to bring
consistency to the regulatory regime governing different modes of
transportation. OST's plain language review of this regulation
indicates no need for substantial revision.
It is also worth noting that the U.S. Access Board (USAB) is in the
process of developing guidelines under the Americans with Disabilities
Act (ADA) for access to ferries, cruise ships, excursion boats, and
other large passenger vessels. Those guidelines have not been finalized
yet, however, and OST proposes incorporating only final guidelines into
DOT's regulations.

49 CFR part 71--Standard Time Zone Boundaries

Section 610: OST has reviewed these regulations and found
no SEISNOSE.
General: OST has reviewed these regulations and found that
some nonsubstantive technical corrections are needed. OST is exploring
initiating a rulemaking to make these corrections.

49 CFR part 79--Medals of Honor

Section 610: The U.S. Department of Transportation (DOT)
Office of the Secretary (OST) conducted a Section 610 review of this
part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. OST's plain language review of
these rules indicates no need for substantial revision.
Year 1 (Fall 2018) List of Rules That Are Under Ongoing Analysis
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since the rule was enacted, the DOT Operating
Administrations have changed. As a result, the agencies listed at 49
CFR 92.5(g)--Definitions should be revised to:
(g) DOT operating element (see 49 CFR 1.3) means a DOT Operating
Administration including--
(1) The Office of the Secretary.
(2) Federal Aviation Administration.
(3) Federal Highway Administration.
(4) Federal Railroad Administration.
(5) National Highway Traffic Safety Administration.
(6) Office of the Inspector General.
(7) St. Lawrence Seaway Development Corporation.
(8) Maritime Administration.
OST will be conducting a rulemaking to make these revisions. These
regulations are cost effective and impose the least burden. OST's plain
language review of these rules indicates no need for substantial
revision.

[[Page 5261]]

49 CFR part 93--Aircraft Allocation
49 CFR part 98--Enforcement of Restrictions on Post-Employment
Activities

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since the rule was enacted, the U.S. Department
of Transportation's organizational structure changed, and as a result
the list of DOT Operating Administrations (OAs) listed in 49 CFR 98.2
must be updated to reflect the current listing of DOT OAs. The
following changes are needed in 49 CFR 89.2(a): (1) References to the
U.S. Coast Guard (at 49 CFR 98.2(a)(1)), Urban Mass Transportation
Administration (at 49 CFR 98.2(a)(6), and Research and Special Programs
Administration (at 49 CFR 98.2(a)(8) should be deleted; (2) reference
to the Saint Lawrence Seaway Development Corporation at 49 CFR
98.2(a)(7) should be changed to the Great Lakes Saint Lawrence Seaway
Development Corporation; and (3) references to the Federal Motor
Carrier Safety Administration, Federal Transit Administration, and
Pipeline and Hazardous Materials Safety Administration should be added.
In addition, since the rule was enacted, the title of the Assistant
General Counsel for Environmental, Civil Rights, and General Law has
been updated to the Assistant General Counsel for General Law, so the
following changes are needed in 49 CFR 98.3 and 98.4: References to the
Assistant General Counsel for Environmental, Civil Rights, and General
Law should be updated to the Assistant General Counsel for General Law.
OST's plain language review of these rules indicates no need for
substantial revision.

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 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 1219--Small Business Programs
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 Analyzed and Summary of Results
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

DOT has determined that updates need to be made to the regulations
identified under Year 2. The regulations will be updated as part of RIN
2105-AE26 (Revisions to the Transportation Acquisition Regulations).
Year 3 (Fall 2020) List of Rules Analyzed and Summary of Results
14 CFR parts 213 through 232
14 CFR 213--Terms, Conditions and Limitations of Foreign Air Carrier
Permits

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden.

14 CFR 214--Terms, Conditions, and Limitations for Foreign Air Carrier
Permits Authorizing Charter Transportation Only

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden.

14 CFR 215--Use and Change of Names of Air Carriers, Foreign Air
Carriers and Commuter Air Carriers

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden.

14 CFR 216--Commingling of Blind Sector Traffic by Foreign Air Carriers

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden.

14 CFR 218--Lease by Foreign Air Carrier or Other Foreign Person of
Aircraft with Crew

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden.

14 CFR 221--TARIFFS

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.

[[Page 5262]]

General: OST reviewed and has found that a non-substantive
technical correction is necessary and will explore options to make this
correction.

14 CFR 222--Intermodal Cargo Services by Foreign Air Carriers

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden.

14 CFR 223--Free and Reduced-Rate Transportation

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden.

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 141 2020 2021
through 147 and
parts 170
through 187.
2..................... 14 CFR parts 189 2021 2022
through 198 and
parts 1 through
16.
3..................... 14 CFR parts 17 2022 2023
through 33.
4..................... 14 CFR parts 34 2023 2024
through 39 and
parts 400
through 405.
5..................... 14 CFR parts 43 2024 2025
through 49 and
parts 406
through 415.
6..................... 14 CFR parts 60 2025 2026
through 77.
7..................... 14 CFR parts 91 2026 2027
through 107.
8..................... 14 CFR parts 417 2027 2028
through 460.
9..................... 14 CFR parts 119 2028 2029
through 129 and
parts 150
through 156.
10.................... 14 CFR parts 133 2029 2030
through 139 and
parts 157
through 169.
------------------------------------------------------------------------

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 141 through 147 and parts 170 through 187.
2. Identification and analysis of all amendments to parts 141
through 147 and parts 170 through 187 since July 2010 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 (Fall 2021) List of Rules Analyzed
14 CFR part 1--Definitions and abbreviations
14 CFR part 3--General requirements
14 CFR part 11--General rulemaking procedures
14 CFR part 13--Investigative and enforcement procedures
14 CFR part 14--Rules implementing the Equal Access to Justice Act of
1980
14 CFR part 15--Administrative claims under Federal Tort Claims Act
14 CFR part 16--Rules of practice for Federally-assisted airport
enforcement proceedings
14 CFR part 189--Use of Federal Aviation Administration communications
system
14 CFR part 193--Protection of voluntarily submitted information
14 CFR part 198--Aviation insurance
Year 1 (Fall 2020) List of Rules Analyzed and Summary of Results
14 CFR part 141--Pilot Schools
14 CFR part 142--Training Centers
14 CFR part 143--Reserved
14 CFR part 144--Does not exist
14 CFR part 145--Repair Stations
14 CFR part 146--Does not exist
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 172--through 182 Does not exist
14 CFR part 183--Representatives of the Administrator
14 CFR part 184--Does not exist
Year 1 (2020) List of Rules Analyzed and Summary of Results
14 CFR part 141--Pilot Schools

Section 610: The agency conducted a Section 610 review of
this part and found no SEISNOSE.
General: No changes are needed.

14 CFR part 142--Training Centers

Section 610: The agency conducted a Section 610 review of
this part and found no SEISNOSE.
General: No changes are needed.

14 CFR part 145--Repair Stations

Section 610: The agency conducted a Section 610 review of
this part and found no SEISNOSE.
General: No changes are needed.

14 CFR part 147--Aviation Maintenance Technician Schools

Section 610: The agency conducted a Section 610 review of
this part and found no SEISNOSE.
General: No changes are needed.

14 CFR part 170--Establishment and Discontinuance Criteria for Air
Traffic Control Services and Navigational Facilities

[[Page 5263]]

Section 610: The agency conducted a Section 610 review of
this part and found no SEISNOSE.
General: No changes are needed.

14 CFR part 171--Non-Federal Navigational Facilities

Section 610: The agency conducted a Section 610 review of
this part and found no amendments to 14 CFR 185 since July 2010. Thus,
no SEISNOSE exists in this part.
General: No changes are needed.

14 CFR part 183--Representatives of the Administrator

Section 610: The agency conducted a Section 610 review of
this part and found no SEISNOSE.
General: No changes are needed.

14 CFR part 185--Testimony by Employees and Production of Records in
Legal Proceedings, and Service of Legal Process and Pleadings

Section 610: The agency conducted a section 610 review of
this part and found no amendments to 14 CFR 185 since July 2010. Thus,
no SEISNOSE exists in this part.
General: No changes are needed.

14 CFR part 187--Fees

Section 610: The agency conducted a section 610 review of
this part and found no SEISNOSE.
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
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 3 (Fall 2020) List of Rules Analyzed and a Summary of the Results
23 CFR part 420--Planning and research program administration

23 CFR part 450--Planning assistance and standards

Section 610: No SEISNOSE. No small entities are affected.
General: No changes are needed for purposes of the
Regulatory Flexibility Act. FHWA is proposing to revise aspects of the
Part 450 regulations under RIN 2125-AF98 and RIN 2125-AG09. FHWA's
plain language review of the regulations indicates no need for
substantial revision.

23 CFR part 460--Public road mileage for apportionment of highway
safety funds

23 CFR part 470--Highway systems

Section 610: No SEISNOSE. No small entities are affected.
General: No changes are needed for purposes of the
Regulatory Flexibility Act. FHWA's plain language review of the
regulations indicates no need for substantial revision.
Year 4 (Fall 2021) List of Rules That Will Be Analyzed During the Next
Year
23 CFR part 500--Management and Monitoring Systems

Federal Motor Carrier Safety Administration

Section 610 and Other Reviews

[[Page 5264]]

Year 2 (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 analyzed 49 CFR part 386 and found no
SEISNOSE. 49 CFR part 386 is a permissive set of rules that establish
procedures 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
recourse for commercial drivers to report employer harassment or
coercion to violate rules.
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.

49 CFR part 385--Safety Fitness Procedures

Section 610: FMCSA analyzed 49 CFR part 385 and found no
SEISNOSE. 49 CFR part 385 provides guidance on safety fitness
procedures including monitoring, new entrants, intermodal equipment,
and hazardous materials safety permits. The rule addresses safety
initiatives whose cost are required by 49 CFR parts 360, 367, 387, and
390. These rules do not result in a SEISNOSE, because they do not
introduce new costs to small carriers.
General: There is no need for substantial revision as
these regulations provide necessary guidance to the industry. The
regulations are written consistent with plain language guidelines and
impose the least economic burden to industry.
Year 3 (2020) List of Rules With Ongoing Analysis
49 CFR part 382--Controlled Substances and Alcohol Use and Testing

Section 610: FMCSA analyzed 49 CFR part 382 but found no
SEIOSNOSE. 49 CFR part 382 requires carriers to establish a drug and
alcohol program. Primary costs are fees to participate in a drug and
alcohol consortium that facilitates drug and alcohol testing. Ancillary
costs include a loss of productivity due to employees taking time away
from their primary responsibilities to take periodic drug and alcohol
tests and receive education on controlled substances. The rule also
drives modest record keeping and drug and alcohol clearing house access
costs.
General: There is no need for substantial revision. These
regulations provide necessary/clear guidance to industry employers and
drivers. The regulations are written consistent with plain language
guidelines, are cost effective, and impose the least economic burden to
the industry.

49 CFR part 383--Commercial Driver's License Standards; Requirements
and Penalties

Section 610: FMCSA analyzed 49 CFR part 383 and found no
SEISNOSE. 49 CFR part 383 establishes minimum standards for employers
to comply with regulations that ensure drivers are qualified to operate
a commercial motor vehicle (CMV) and retain only one CMV license. The
rule also communicates the circumstances that disqualify a CMV driver.
The rule presents minimal costs to small carriers. Most of these costs
are beyond the Agency's discretion as they are predominately mandated
by statute and represent sound business practices in support of driver
safety.
General: There is no need for substantial revision as
these regulations provide necessary guidance to the industry. The
regulations are written consistent with plain language guidelines and
impose the least economic burden to carriers.
Year 3 (2021) List of Rules That Will Be Analyzed During the Next Year
49 CFR part 380--Special Training Requirements

National Highway Traffic Safety Administration

Section 610 and Other Reviews

------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 49 CFR 571.223 2018 2019
through
571.500, and
parts 575 and
579.
2..................... 23 CFR part 1300 2019 2020
3..................... 49 CFR parts 501 2020 2021
through 526 and
571.213.
4..................... 49 CFR 571.131, 2021 2022
571.217,
571.220,
571.221, and
571.222.
5..................... 49 CFR 571.101 2022 2023
through
571.110, and
571.135,
571.136,
571.138 and
571.139.
6..................... 49 CFR 571.141, 2023 2024
and 49 CFR
parts 529
through 578,
except parts
571 and 575.
7..................... 49 CFR 571.111 2024 2025
through 571.129
and parts 580
through 588.
8..................... 49 CFR 571.201 2025 2026
through 571.212.
9..................... 49 CFR 571.214 2026 2027
through
571.219, except
571.217.
10.................... 49 CFR parts 591 2027 2028
through 595 and
new parts and
subparts.
------------------------------------------------------------------------

Years 1 Through 3 (Fall 2019-2021) List of Rules With Ongoing Analysis
49 CFR part 571.213--Child Restraint Systems
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 501--Organization and Delegation of Powers and Duties
49 CFR part 509--OMB Control Numbers for Information Collection
Requirements
49 CFR part 510--Information Gathering Powers
49 CFR part 511--Adjudicative Procedures
49 CFR part 512--Confidential Business Information
49 CFR part 520--Procedures for Considering Environmental Impacts
49 CFR part 523--Vehicle Classification
49 CFR part 525--Exemptions from Average Fuel Economy Standards

[[Page 5265]]

49 CFR part 526--Petitions and Plans for Relief under the Automobile
Fuel Efficiency Act of 1980
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
Year 4 (Fall 2022) List of Rules That Will Be Analyzed During Next Year
49 CFR part 571.131--School Bus Pedestrian Safety Devices
49 CFR part 571.217--Bus Emergency Exits and Window Retention and
Release
49 CFR part 571.220--School Bus Rollover Protection
49 CFR part 571.221--School Bus Body Joint Strength
49 CFR part 571.222--School Bus Passenger Seating and Crash Protection

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 3 (Fall 2020) List of Rules Analyzed and a Summary of Results
49 CFR part 216--Special Notice and Emergency Order Procedures:
Railroad Track, Locomotive and Equipment

Section 610: There is no SEISNOSE.
General: Part 216 provides safety and security for
railroad employees and the public through special notices for repairs
of railroad freight car, locomotive, passenger equipment, and track
class, as well as for the issuance and review of emergency orders for
removing dangerously substandard track from service. FRA's plain
language review of this rule indicates no need for substantial
revision.

49 CFR part 217--Railroad Operating Rules

Section 610: There is no SEISNOSE.
[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 218--Railroad Operating Practices

[ssquf] Section 610: There is no SEIOSNOSE.
[ssquf] General: The rule prescribes minimum requirements for
railroad operating rules and practices. No changes are needed. FRA's
plain language review of this rule indicates no need for substantial
revision.

49 CFR part 219--Control of Alcohol and Drug Use

[ssquf] Section 610: There is no SEISNOSE.
[ssquf] General: No changes are needed. This rule is cost effective
and imposes the least burden. FRA's plain language review of this rule
indicates no need for substantial revision.

49 CFR part 220--Railroad Communications

[ssquf] Section 610: This rule has significant economic impacts on
a substantial number of small entities. However, the actual burden on
most of these railroads varies because of their different operating
characteristics. Entities that are not subject to this rule include
railroads that do not operate on the general railroad system of
transportation. The communication requirements of this rule have been
designed to minimize the impact on small railroads. For instance, while
large railroads are required to have a working radio and wireless
communication redundancy in every train, small railroads are only
required to comply with this standard for trains used to transport
passengers. As part of the rulemaking process, FRA conducted a review
of the impact that this rulemaking could have on small businesses and
whether any opportunities may exist to reduce the burdens on small
railroads without compromising safety. FRA's plain language review of
this rule indicates no need for substantial revision.
[ssquf] General: The rule prescribes minimum requirements governing
the use of wireless communications in connection with railroad
operations. Uniform standard communications procedures and requirements
throughout the railroad industry are necessary to ensure the protection
and safety of railroad employees and the public, and to minimize
potential casualties.
Year 4 (Fall 2021) List of Rules(s) That Will Be Analyzed During This
Year
49 CFR part 221--Rear End Marking Device--Passenger, Commuter and
Freight Trains
49 CFR part 222--Use of Locomotive Horns at Public Highway-Rail Grade
Crossings
49 CFR part 223--Safety Glazing Standards--Locomotives, Passenger Cars
and Cabooses
49 CFR part 224--Reflectorization of Rail Freight Rolling Stock
49 CFR part 225--Rail Accidents/Incidents: Reports Classification, and
Investigations

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

[[Page 5266]]

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 3 (2020) List of Rules Analyzed and Summary of Results
49 CFR part 633--Project Management Oversight

Section 610: FTA conducted a Section 610 review of 49 CFR
part 633 and determined that it would not result in a SEISNOSE within
the meaning of the RFA. The regulation implements statutorily required
procedures for project management oversight of major capital public
transportation projects.
General: No changes are needed. FTA amended the Project
Management Oversight regulation in 2020 (85 FR 59672) to make it
consistent with statutory changes and to modify the scope and
applicability of project management oversight. FTA estimated the costs
and projected benefits of the rule and determined that it would result
in an overall burden reduction by reducing recipients' labor hours for
oversight procedures.
Year 4 (2021) List of Rules To Be Analyzed This Year
49 CFR part 611--Major Capital Investment Projects

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.
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 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-
Workmanship
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

[[Page 5267]]

Cargoes on U.S.-Flag Commercial Vessels
Year 1 (2018) List of Rules Analyzed and a Summary of Results
46 CFR part 204--Claims against the Maritime Administration under the
Federal Tort Claims Act

Section 610: There is no SEIOSNOSE.
General: The purpose of this rule is to prescribe the
requirements and procedures for administrative claims against the
United States involving the Maritime Administration under the Federal
Tort Claims Act. The agency has determined that the rule is cost-
effective and imposes the least possible burden on small entities.
MARAD's plain language review of this rule indicates no need of
substantial revision.
Year 2 (2019) List of Rules Analyzed and a Summary of Results
46 CFR part 221 Regulated Transactions Involving Documented Vessels and
Other Maritime Interests

Section 610: There is no SEIOSNOSE.
General: The purpose of this rule is to govern practice
and procedure in regulating interest in or control of Documented
Vessels owned by Citizens of the United States to Noncitizens and
transactions involving certain maritime interests in time of war or
national emergency. The agency has determined that the rule is cost-
effective and imposes the least possible burden on small entities.
MARAD's plain language review of this rule indicates no need of
substantial revision.

46 CFR 232 Uniform Financial Reporting Requirements

Section 610: There is no SEIOSNOSE.
General: The purpose of this rule is to govern practice
and procedure to all participants in financial assistance programs
administered by the Maritime Administration. The agency has determined
that the rule is cost-effective and imposes the least possible burden
on small entities. MARAD's plain language review of this rule indicates
no need of substantial revision.
Year 3 (2020) List of Rules That Will Be Analyzed During the Year
46 CFR part 249--Approval of Underwriters for Marine Hull Insurance
46 CFR part 272--Requirements and Procedures for Conducting Condition
Surveys and Administering Maintenance and Repair Subsidy
46 CFR part 277--Domestic and Foreign Trade; Interpretations
46 CFR part 287--Establishment of Construction Reserve Funds
46 CFR part 289--Insurance of Construction-Differential Subsidy
Vessels, Operating-Differential Subsidy Vessels and of Vessels Sold or
Adjusted Under the Merchant Ship Sales Act of 1946
46 CFR part 295--Maritime Security Program
46 CFR part 296--Maritime Security Program

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 3 (Fall 2021) List of Rules Analyzed and a Summary of Results
49 CFR part 172--Hazardous Materials Table, Special Provisions,
Hazardous Materials Communications, Emergency Response Information,
Training Requirements, and Security Plans
49 CFR part 175--Carriage by Aircraft

Section 610: PHMSA conducted a review of these parts and
found no SEISNOSE.
General: PHMSA has reviewed these parts and found that
while these parts do not have SEISNOSE, they could be revised to
reflect new technologies and updated to reflect current practices.
Therefore, PHMSA has initiated rulemakings to revise portions of parts
172 and 175. Otherwise, PHMSA's plain language review of these parts
indicates no need for substantial revision. Where confusing or
ambiguous language has been identified, PHMSA plans to propose or
finalize revisions by way of rulemakings.
As an example, the ``Hazardous Materials: Advancing Safety of Modal
Specific Provisions'' (2137-AF41) rulemaking action is part of PHMSA's
response to clarify current regulatory requirements and address public
comments. This rulemaking also proposes to address a variety of
petitions for rulemaking, specific to modal stakeholders, and other
issues identified by PHMSA during its regulatory review. The impact
that the 2137-AF41 rulemaking will have on small entities is not
expected to be significant. The rulemaking is based on PHMSA's
initiatives and correspondence with the regulated community, as well as
PHMSA's consultation with its modal partners, including FMCSA, FRA, and
the United States Coast Guard (USCG). The proposed amendments are
expected to result in an overall net cost savings and ease the
regulatory compliance burden for small entities, shippers, carriers,
manufacturers, and requalifiers, specifically those modal-specific
packaging and requalification requirements. 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.
For a second example, the ``Hazardous Materials: Harmonization With
International Standards'' (2137-AF46) rulemaking action is part of
PHMSA's ongoing biennial process to harmonize the Hazardous Materials
Regulations (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

[[Page 5268]]

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 hazardous
materials law permits PHMSA to depart from international standards
where appropriate, including to promote safety or other overriding
public interests. However, Federal hazardous materials 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-AF46 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, which helps
promote safety through increased regulatory compliance. 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. This rulemaking is expected to
lead to both economic and safety benefits. The amendments are expected
to result in net benefits 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 a second example of PHMSA's review of
rulemakings which helps ensure that the HMR do not have a significant
economic impact on a substantial number of small entities.
Year 4 (Fall 2022) List of Rules That Will Be Analyzed During the Next
Year
49 CFR part 171--Sections 171.15 and 171.16--Incident Reporting

Great Lakes Saint Lawrence Seaway Development Corporation

Section 610 and Other Reviews

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.
------------------------------------------------------------------------
337....................... + Enhancing Transparency 2105-AF10
of Airline Ancillary
Service Fees (Reg Plan
Seq No. 131).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.

Office of the Secretary--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
338....................... + Air Transportation 2105-AE57
Consumer Protection
Requirements for Ticket
Agents (Section 610
Review).
------------------------------------------------------------------------
+ DOT-designated significant regulation.

Federal Aviation Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
339....................... + Drug and Alcohol Testing 2120-AK09
of Certain Maintenance
Provider Employees
Located Outside of the
United States.
------------------------------------------------------------------------
+ DOT-designated significant regulation.

Federal Aviation Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
340....................... + Airport Safety 2120-AJ38
Management System.
341....................... + Registration and Marking 2120-AK82
Requirements for Small
Unmanned Aircraft (Reg
Plan Seq No. 132).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.

[[Page 5269]]

Federal Aviation Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
342....................... + Regulation Of Flight 2120-AJ78
Operations Conducted By
Alaska Guide Pilots.
343....................... + Applying the Flight, 2120-AK26
Duty, and Rest
Requirements to Ferry
Flights that Follow
Commuter or On-Demand
Operations (FAA
Reauthorization).
344....................... + Aircraft Registration 2120-AK37
and Airmen Certification
Fees.
345....................... + Helicopter Air Ambulance 2120-AK57
Pilot Training and
Operational Requirements
(HAA II) (FAA
Reauthorization).
346....................... Requirements to File 2120-AK77
Notice of Construction of
Meteorological Evaluation
Towers and Other
Renewable Energy Projects
(Section 610 Review).
------------------------------------------------------------------------
+ DOT-designated significant regulation.

Federal Aviation Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
347....................... + Pilot Records Database 2120-AK31
(HR 5900).
------------------------------------------------------------------------
+ DOT-designated significant regulation.

Federal Highway Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
348....................... Incorporating Safety Into 2125-AG08
Federal-aid Programs and
Projects (Section 610
Review).
------------------------------------------------------------------------

Federal Motor Carrier Safety Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
349....................... + 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.
------------------------------------------------------------------------
350....................... Controlled Substances and 2126-AC11
Alcohol Testing: State
Driver's Licensing Agency
Downgrade of Commercial
Driver's License
(Completion of a Section
610 Review).
------------------------------------------------------------------------

Federal Railroad Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
351....................... + Train Crew Staffing (Reg 2130-AC88
Plan Seq No. 139).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.

Saint Lawrence Seaway Development Corporation--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
352....................... Seaway Regulations and 2135-AA51
Rules: Periodic Update,
Various Categories
(Rulemaking Resulting
From a Section 610
Review).
353....................... Tariff of Tolls 2135-AA52
(Rulemaking Resulting
From a Section 610
Review).
------------------------------------------------------------------------

Pipeline and Hazardous Materials Safety Administration--Proposed Rule
Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
354....................... + Pipeline Safety: Gas 2137-AF51
Pipeline Leak Detection
and Repair.

[[Page 5270]]

355....................... + Pipeline Safety: Safety 2137-AF53
of Gas Distribution
Pipelines.
------------------------------------------------------------------------
+ DOT-designated significant regulation.

Pipeline and Hazardous Materials Safety Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
356....................... + Pipeline Safety: 2137-AF06
Amendments to Parts 192
and 195 to require Valve
installation and Minimum
Rupture Detection
Standards.
357....................... + Hazardous Materials: 2137-AF20
Enhanced Safety
Provisions for Lithium
Batteries Transported by
Aircraft (FAA
Reauthorization Act of
2018).
------------------------------------------------------------------------
+ DOT-designated significant regulation.

Pipeline and Hazardous Materials Safety Administration--Long-Term
Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
358....................... + Pipeline Safety: 2137-AF52
Pipeline Operational
Status.
------------------------------------------------------------------------
+ DOT-designated significant regulation.

DEPARTMENT OF TRANSPORTATION (DOT)

Office of the Secretary (OST)

Proposed Rule Stage

337. +Enhancing Transparency of Airline Ancillary Service Fees

Regulatory Plan: This entry is Seq. No. 131 in part II of this
issue of the Federal Register.
RIN: 2105-AF10

DEPARTMENT OF TRANSPORTATION (DOT)

Office of the Secretary (OST)

Long-Term Actions

338. +Air Transportation Consumer Protection Requirements for Ticket
Agents (Section 610 Review)

Legal Authority: 49 U.S.C. 41712; FAA Reauthorization Act of 2018,
sec. 427
Abstract: This rulemaking would address a number of proposals to
enhance protections for air travelers and to improve the air travel
environment. Specifically, this rulemaking would enhance airline
passenger protections by addressing whether to codify in regulation a
definition of the term ``ticket agent.'' The rulemaking would also
consider whether to require large travel agents to adopt minimum
customer service standards and prohibit the unfair and deceptive
practice of post-purchase price increases. These issues, previously
part of a rulemaking known as Airline Pricing Transparency and Other
Consumer Protection Issues, (2105-AE11) have been separated into this
proceeding.
Timetable: Next Action Undetermined.
Regulatory Flexibility Analysis Required: No.
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-AE57

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Proposed Rule Stage

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

Legal Authority: 14 CFR; 49 U.S.C. 106(g); 49 U.S.C. 40113; 49
U.S.C. 44701; 49 U.S.C. 44702; 49 U.S.C. 44707; 49 U.S.C. 44709; 49
U.S.C. 44717
Abstract: This rulemaking would require controlled substance
testing of some employees working in repair stations located outside
the United States. The intended effect is to increase participation by
companies outside of the United States in testing of employees who
perform safety critical functions and testing standards similar to
those used in the repair stations located in the United States. This
action is necessary to increase the level of safety of the flying
public. This rulemaking is a statutory mandate under section 308(d) of
the FAA Modernization and Reform Act of 2012 (Pub. L. 112-95).
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Julia Brady, Program Analyst, Program Policy
Branch, Department of Transportation, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591, Phone: 202 267-8083,
Email: [email protected].
RIN: 2120-AK09

[[Page 5271]]

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Final Rule Stage

340. +Airport Safety Management System

Legal Authority: 49 U.S.C. 44706; 49 U.S.C. 106(g); 49 U.S.C.
40113; 49 U.S.C. 44701 to 44706; 49 U.S.C. 44709; 49 U.S.C. 44719
Abstract: This rulemaking would require certain airport certificate
holders to develop, implement, maintain, and adhere to a safety
management system (SMS) for its aviation related activities. An SMS is
a formalized approach to managing safety by developing an organization-
wide safety policy, developing formal methods of identifying hazards,
analyzing and mitigating risk, developing methods for ensuring
continuous safety improvement, and creating 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
Analyzing Comments.................. 12/00/21
Final Rule.......................... 01/00/22
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: James Schroeder, Office of Airport Safety and
Standards, Department of Transportation, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591,
Phone: 202 267-4974, Email: [email protected].
RIN: 2120-AJ38

341. +Registration and Marking Requirements for Small Unmanned Aircraft

Regulatory Plan: This entry is Seq. No. 132 in part II of this
issue of the Federal Register.
RIN: 2120-AK82

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Long-Term Actions

342. +Regulation of Flight Operations Conducted by Alaska Guide Pilots

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 to 44904; 49
U.S.C. 44906; 49 U.S.C. 44912; 49 U.S.C. 44914; 49 U.S.C. 44936; 49
U.S.C. 44938; 49 U.S.C. 46103; 49 U.S.C. 46105; 49 U.S.C. 46306; 49
U.S.C. 46315 to 46316; 49 U.S.C. 46504; 49 U.S.C. 46506 to 46507; 49
U.S.C. 47122; 49 U.S.C. 47508; 49 U.S.C. 47528 to 47531; Articles 12
and 29 of 61 Statue 1180; Pub. L. 106-181, sec. 732
Abstract: The rulemaking would establish regulations concerning
Alaska guide pilot operations. The rulemaking would implement
Congressional legislation and establish additional safety requirements
for the conduct of these operations. The intended effect of this
rulemaking is to enhance the level of safety for persons and property
transported in Alaska guide pilot operations. In addition, the
rulemaking would add a general provision applicable to pilots operating
under the general operating and flight rules concerning falsification,
reproduction, and alteration of applications, logbooks, reports, or
records. This rulemaking is a statutory mandate under section 732 of
the Wendell H. Ford Aviation Investment and Reform Act for the 21st
Century (Pub. L. 106-181).
Timetable: Next Action Undetermined.
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jeff Smith, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20785, Phone: 202 365-3617, Email:[email protected].
RIN: 2120-AJ78

343. +Applying the Flight, Duty, and Rest Requirements to Ferry Flights
That Follow Commuter or On-Demand Operations (FAA Reauthorization)

Legal Authority: 49 U.S.C. 106(f); 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............................... 11/00/22 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Chester Piolunek, Department of Transportation,
Federal Aviation Administration, 800 Independence Avenue SW,
Washington, DC 20591, Phone: 202 267-3711, Email:
[email protected].
RIN: 2120-AK26

344. +Aircraft Registration and Airmen Certification Fees

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.

[[Page 5272]]

Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/22 .......................
------------------------------------------------------------------------

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

345. +Helicopter Air Ambulance Pilot Training and Operational
Requirements (HAA II) (FAA Reauthorization)

Legal Authority: 49 U.S.C. 106(f); 49 U.S.C. 106(g); 49 U.S.C.
40113; 49 U.S.C. 41706; 49 U.S.C. 44701; 49 U.S.C. 44702; 49 U.S.C.
44705; 49 U.S.C. 44709; 49 U.S.C. 44711 to 44713; 49 U.S.C. 44715 to
44717; 49 U.S.C. 44722; 49 U.S.C. 44730; 49 U.S.C. 45101 to 45105
Abstract: This rulemaking would develop training requirements for
crew resource management, flight risk evaluation, and operational
control of the pilot in command, as well as to develop standards for
the use of flight simulation training devices and line-oriented flight
training. Additionally, it would establish requirements for the use of
safety equipment for flight crewmembers and flight nurses. These
changes will aide in the increase in aviation safety and increase
survivability in the event of an accident. Without these changes, the
Helicopter Air Ambulance industry may continue to see the unacceptable
high rate of aircraft accidents. This rulemaking is a statutory mandate
under section 306(e) of the FAA Modernization and Reform Act of 2012
(Pub. L. 112-95).
Timetable: Next Action Undetermined.
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Chris Holliday, Department of Transportation,
Federal Aviation Administration, 801 Pennsylvania Avenue NW,
Washington, DC 20024, Phone: 202 267-4552, Email:
[email protected].
RIN: 2120-AK57

346. Requirements To File Notice of Construction of Meteorological
Evaluation Towers and Other Renewable Energy Projects (Section 610
Review)

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................................ 12/00/22 .......................
------------------------------------------------------------------------

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, Email:
[email protected].
RIN: 2120-AK77

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Completed Actions

347. +Pilot Records Database (HR 5900)

Legal Authority: 49 U.S.C. 106(f); 49 U.S.C. 106(g); 49 U.S.C.
1155; 49 U.S.C. 40103; 49 U.S.C. 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 (Aug. 1, 2010). Section 203 amends
the Pilot Records Improvement Act by requiring the FAA to create a
pilot records database that contains various types of pilot records.
These records would be provided by the FAA, air carriers, and other
persons who employ pilots, and used by potential employers prior to
making hiring decisions. The FAA must maintain these records until it
receives notice that a pilot is deceased.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/30/20 85 FR 17660
NPRM Comment Period End............. 06/29/20 .......................
NPRM Comment Period End............. 06/29/20 .......................
Final Rule.......................... 06/10/21 86 FR 31006
Correction.......................... 06/17/21 86 FR 32185
Final Rule Effective................ 08/09/21 .......................
------------------------------------------------------------------------

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

BILLING CODE 4910-13-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Highway Administration (FHWA)

Proposed Rule Stage

348. Incorporating Safety Into Federal-Aid Programs and
Projects (Section 610 Review)

Legal Authority: 23 U.S.C. 109
Abstract: This rulemaking would establish new FHWA regulations to
require safety integration across all Federal-aid highway programs and
necessary mitigation on some or all Federal-aid highway projects. The
new regulations would assist State agencies in making meaningful safety
investments to save lives and reduce injuries on the Nation's highways.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/22 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: No.
Agency Contact: Phillip Bobitz, Department of Transportation,
Federal Highway Administration, 1200 New Jersey Avenue SE, Washington,
DC 20590, Phone: 717-221-4574, Email: [email protected].
RIN: 2125-AG08

BILLING CODE 4910-22-P

[[Page 5273]]

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Long-Term Actions

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

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.

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

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Sarah Stella, Division Chief, Department of
Transportation, Federal Motor Carrier Safety Administration, 1200 New
Jersey Avenue SE, Washington, DC 20590, Phone: 202 493-0192, Email:
[email protected].
RIN: 2126-AA35

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Completed Actions

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

Legal Authority: 49 U.S.C. 31136(a); 49 U.S.C. 31305(a)
Abstract: FMCSA is amending its regulations to establish
requirements for State Driver's Licensing Agencies (SDLAs) to access
and use information obtained through the Drug and Alcohol Clearinghouse
(DACH or Clearinghouse), an FMCSA-administered database containing
driver-specific controlled substance (drug) and alcohol records. SDLAs
must not issue, renew, upgrade, or transfer a commercial driver's
license (CDL), or commercial learner's permit (CLP), as applicable, for
any individual prohibited under FMCSA's regulations from performing
safety-sensitive functions, including driving a commercial motor
vehicle (CMV), due to one or more drug and alcohol program violations.
Further, SDLAs must remove the CLP or CDL privilege from the
driver's license of an individual subject to the CMV driving
prohibition, which would result in a downgrade of the license until the
driver complies with return-to-duty (RTD) requirements. This rule also
requires States receiving Motor Carrier Safety Assistance Program
(MCSAP) grant funds to adopt a compatible CMV driving prohibition
applicable to CLP and CDL holders who violate FMCSA's drug and alcohol
program requirements, and makes clarifying and conforming changes to
current regulations. The final rule will help keep unsafe drivers off
the road by increasing compliance with the CMV driving prohibition.
Timetable:

Regulatory Flexibility Analysis Required: No.
Agency Contact: Gian Marshall, Management and Program Analyst,
Department of Transportation, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, Phone:
202 366-0928, Email: [email protected].
RIN: 2126-AC11

BILLING CODE 4910-EX-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Railroad Administration (FRA)

Proposed Rule Stage

351. +Train Crew Staffing

Regulatory Plan: This entry is Seq. No. 139 in part II of this
issue of the Federal Register.
RIN: 2130-AC88

BILLING CODE 4910-06-P

DEPARTMENT OF TRANSPORTATION (DOT)

Saint Lawrence Seaway Development Corporation (SLSDC)

Proposed Rule Stage

352. Seaway Regulations and Rules: Periodic Update, Various
Categories (Rulemaking Resulting From a Section 610 Review)

Legal Authority: 33 U.S.C. 981 et seq.
Abstract: The Great Lakes St. Lawrence Seaway Development
Corporation (GLS) and the St. Lawrence Seaway Management Corporation
(SLSMC) of Canada, under international agreement, jointly publish and
presently administer the St. Lawrence Seaway Regulations and Rules
(Practices and Procedures in Canada) in their respective jurisdictions.
Under agreement with the SLSMC, the GLS is amending the joint
regulations by updating the Regulations and Rules in various
categories.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/21 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: No.

[[Page 5274]]

Agency Contact: Michal Chwedczuk, Department of Transportation,
Saint Lawrence Seaway Development Corporation, 1200 New Jersey Avenue
SE, Washington, DC 20590, Phone: 202 366-0091, Email:
[email protected].
RIN: 2135-AA51

353. Tariff Of Tolls (Rulemaking Resulting From a Section 610
Review)

Legal Authority: 33 U.S.C. 981 et seq.
Abstract: The Great Lakes St. Lawrence Seaway Development
Corporation (GLS) 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 GLS and the SLSMC.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/21 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: No.
Agency Contact: Michal Chwedczuk, Department of Transportation,
Saint Lawrence Seaway Development Corporation, 1200 New Jersey Avenue
SE, Washington, DC 20590, Phone: 202 366-0091, Email:
[email protected].
RIN: 2135-AA52

BILLING CODE 4910-61-P

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Proposed Rule Stage

354. +Pipeline Safety: Gas Pipeline Leak Detection and Repair

Legal Authority: 49 U.S.C. 60101 et seq.
Abstract: This rulemaking would amend the pipeline safety
regulations to enhance requirements for detecting and repairing leaks
on new and existing natural gas distribution, gas transmission, and gas
gathering pipelines. The proposed rule is necessary to respond to a
mandate from section 113 of the Protecting our Infrastructure of
Pipelines and Enhancing Safety Act of 2020.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/22 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Sayler Palabrica, Department of Transportation,
Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey
Avenue SE, District of Columbia, DC 20590, Phone: 202-366-0559, Email:
[email protected].
RIN: 2137-AF51

355. +Pipeline Safety: Safety of Gas Distribution Pipelines

Legal Authority: 49 U.S.C. 60101 et seq.
Abstract: This rulemaking would amend the pipeline safety
regulations to enhance the safety requirements for gas distribution
pipelines. The proposed rule is necessary to respond to several
mandates from title II of the Protecting our Infrastructure of
Pipelines and Enhancing Safety Act of 2020 (PIPES Act of 2020).
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/22 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ashlin Bollacker, Technical Writer, Department of
Transportation, Pipeline and Hazardous Materials Safety Administration,
1200 New Jersey Avenue SE, Washington DC, DC 20590, Phone: 202-366-
4203, Email: [email protected].
RIN: 2137-AF53

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Final Rule Stage

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

Legal Authority: 49 U.S.C. 60101 et seq.
Abstract: This rulemaking action would revise the Pipeline Safety
Regulations applicable to most newly constructed and entirely replaced
onshore natural gas transmission and hazardous liquid pipelines to
improve rupture mitigation and shorten pipeline segment isolation
times. The rulemaking action would define ``notification of potential
rupture'' and outline certain performance standards related to rupture
identification and pipeline segment isolation. This rulemaking action
also would require specific valve maintenance and inspection
requirements, and 9-1-1 notification requirements to help operators
achieve better rupture response and mitigation.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Robert Jagger, Technical Writer, Department of
Transportation, Pipeline and Hazardous Materials Safety Administration,
1200 New Jersey Avenue, Washington, DC 20590, Phone: 202-366-4595,
Email: [email protected].
RIN: 2137-AF06

357. +Hazardous Materials: Enhanced Safety Provisions for Lithium
Batteries Transported by Aircraft (FAA Reauthorization Act of 2018)

Legal Authority: 49 U.S.C. 44701; 49 U.S.C. 5103(b); 49 U.S.C.
5120(b)
Abstract: This rulemaking amends the Hazardous Materials
Regulations (HMR) to (1) prohibit the transport of lithium ion cells
and batteries as cargo on passenger aircraft; (2) require all lithium
ion cells and batteries to be shipped at not more than a 30 percent
state of charge on cargo-only aircraft; and (3) limit the use of
alternative provisions for small lithium cell or battery to one package
per consignment. The amendments do not restrict passengers or crew
members from bringing personal items or electronic devices containing
lithium cells or batteries aboard aircraft, or restrict the air
transport of lithium ion cells or batteries when packed with or
contained in equipment. To accommodate persons in areas potentially not
serviced daily by cargo aircraft, PHMSA provides a limited exception
for not more than two replacement lithium cells or batteries
specifically used for medical devices to be transported by passenger
aircraft and at a state of charge greater than 30 percent, under
certain conditions and as approved by the Associate Administrator. This
rulemaking is necessary to meet the FAA Reauthorization Act of 2018,
address a safety hazard, and harmonize the HMR with emergency
amendments to the 2015-2016 edition of the International Civil Aviation
Organization's Technical

[[Page 5275]]

Instructions for the Safe Transport of Dangerous Goods by Air.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 03/06/19 84 FR 8006
Interim Final Rule Effective........ 03/06/19 .......................
Interim Final Rule Comment Period 05/06/19 .......................
End.
Final Rule.......................... 02/00/22 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Shelby Geller, Transportation Regulations
Specialist, Transportation & Security, 1200 New Jersey Avenue SE,
Washington, DC 20590, Phone: 202 366-8553, Email:
[email protected].
RIN: 2137-AF20

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Long-Term Actions

358. +Pipeline Safety: Pipeline Operational Status

Legal Authority: 49 U.S.C. 60101 et seq.
Abstract: This rulemaking would amend the pipeline safety
regulations to define an idled operational status for natural gas and
hazardous liquid pipelines that are temporarily removed from service,
set operations and maintenance requirements for idled pipelines, and
establish inspection requirements for idled pipelines that are returned
to service. The proposed rule is necessary to respond to a mandate from
the Protecting our Infrastructure of Pipelines and Enhancing Safety Act
of 2020.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/00/23 .......................
------------------------------------------------------------------------

[FR Doc. 2021-27948 Filed 1-28-22; 8:45 am]
BILLING CODE 4910-60-P

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