Department Regulatory and Deregulatory Agenda; Semiannual Summary, 11258-11276 [2023-02031]
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Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda
14 CFR Chs. I–III
Appendix B—General Rulemaking Contact
Persons
Appendix C—Public Rulemaking Dockets
Appendix D—Review Plans for Section 610
and Other Requirements
23 CFR Chs. I–III
Background
33 CFR Chs. I and IV
The U.S. Department of
Transportation (Department or DOT)
issues regulations to make our
transportation system safer for all
people, grow an inclusive and
sustainable economy, reduce inequities
across our transportation systems and
the communities they affect, help tackle
the climate crisis, and spur research and
innovation.
To achieve these goals in accordance
with Executive Order 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 the fall of 2021.
The Department has issued the
National Roadway Safety Strategy,
which outlines the Department’s
comprehensive plan to significantly
reduce serious injuries and deaths on
our Nation’s highways, roads, and
streets. This is the first step in the
ambitious long-term goal of reaching
zero roadway fatalities. The Department
is currently working on a number of
rulemakings to help achieve this goal.
For example, NHTSA is working to
facilitate the deployment of new
technology, such as automatic
emergency braking systems, in certain
vehicles to improve the safety of our
Nation’s roads.
The Department is also moving to
rapidly implement the provisions of the
Bipartisan Infrastructure Law (BIL).1 For
example, FHWA is currently working on
a BIL-required rulemaking to establish
minimum standards and requirements
for the implementation of a program
that will result in a national network of
500,000 electric vehicle charging
stations by 2030.
To help address climate change, the
Department is working on rulemakings
such as a NHTSA rule to enhance fuel
economy for trucks and heavy-duty
engines and vehicles. This rulemaking
is in addition to other recentlycompleted NHTSA rules that, in
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
SUPPLEMENTARY INFORMATION:
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 Agenda provides
the public information about the
Department of Transportation’s planned
regulatory activity for the next 12
months. This information enables the
public to participate in the Department’s
regulatory process. The public is
encouraged to submit comments on any
aspect of this Agenda.
FOR FURTHER INFORMATION CONTACT:
SUMMARY:
General
Please direct all general comments
and inquiries on the Agenda 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
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Please direct all comments and
inquiries relative to specific 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
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aggregate, establish more stringent fuel
economy standards. Similarly, PHMSA
is preparing to enhance requirements for
detecting and repairing leaks on new
and existing natural gas distribution, gas
transmission, and gas gathering
pipelines.
The Department is also developing
rules increasing access to our
transportation system for individuals
with disabilities and thereby advancing
equity in transportation. For example,
OST is developing a rulemaking to
enhance the safety of air travel for
individuals who use wheelchairs and
rely on the physical assistance of airline
personnel or contractors.
The Department is also working on
several consumer protection regulations.
For example, OST is developing a rule
that would amend DOT’s aviation
consumer protection program to ensure
that, at the time of ticket purchase,
consumers have ancillary fee
information, including baggage and
change fees.
Explanation of Information in the
Agenda
An Office of Management and Budget
memorandum, dated September 2, 2022,
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
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(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
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by the Regulatory Flexibility Act’s
Agenda requirements. These elements
are: Sequence Number; Title; Section
610 Review, if applicable; Legal
Authority; Abstract; Timetable;
Regulatory Flexibility Analysis
Required; Agency Contact; and
Regulation Identifier Number (RIN).
Additional information (for detailed list,
see section heading ‘‘Explanation of
Information on the Agenda’’) on these
entries is available in the Unified
Agenda published on the internet.
Request for Comments
General
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
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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: January 11, 2023.
John Putnam,
General Counsel, Department of
Transportation.
Appendix A—Instructions for
Obtaining Copies of Regulatory
Documents
To obtain a copy of a specific regulatory
document in the Agenda, you should
communicate directly with the contact
person listed with the regulation at the
address below. We note that most, if not all,
such documents, including the Semiannual
Regulatory Agenda, are available through the
internet at https://www.regulations.gov. See
appendix C for more information.
Appendix B—General Rulemaking
Contact Persons
The following is a list of persons who can
be contacted within the Department for
general information concerning the
rulemaking process within the various
operating administrations.
FAA—Brandon Roberts, 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—Crystal Williams, Regulatory
Ombudsman, 1200 New Jersey Avenue SE,
Washington, DC 20590; telephone (202) 366–
2904.
NHTSA—Terrence Sommers, Office of
Chief Counsel, 1200 New Jersey Avenue SE,
Washington, DC 20590; telephone (202) 366–
7577.
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.
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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 https://
www.regulations.gov. This website 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.
Appendix D—Review Plans for Section
610 and Other Requirements
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. Generally, each DOT operating
administration divides its rules into 10
different groups and plans to analyze one
group each year. In each Fall Agenda, the
operating administration will publish the
results of the analyses it has completed
during the previous year.
Appendix D—Review Plans for Section
610 and Other Requirements
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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.
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 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.
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
Year
Regulations to be reviewed
1 ................................
49 CFR parts 91 through 99 ............................................................................................
14 CFR parts 200 through 212.
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Review year
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Year
Regulations to be reviewed
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6 ................................
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10 ..............................
48
48
14
14
14
14
14
14
49
49
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
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 ....................................................
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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
• 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 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, and/or revise the
regulation for plain language.
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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
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2021
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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
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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.
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
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(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
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
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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 determined that updates needed to be
made to the regulations identified under Year
2. The regulations were 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.
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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.
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.
Year 4 (Fall 2021) List of Rules Analyzed and
Summary of Results
14 CFR parts 234 through 254
14 CFR 234—Airline Service Quality
Performance Reports
Section 610: OST conducted a Section 610
review of this part and found no SEISNOSE.
General: OST’s review revealed some
outdated references and rule text in Part 234.
In addition, improvements to portions of the
rule text are needed for plain language. Since
the Department last amended Part 234, it has
received feedback from airlines and others on
the Part 234 requirements addressing airline
reporting of cancelled and delayed flights,
airline categorization of cancellations and
delays, and airline reporting of mishandled
baggage data, which the Department is
considering. The Department has initiated
two rulemakings to evaluate changes to Part
234, ‘‘Improving Accuracy of Flight
Cancellation Reporting’’ (2105–AE68) and
‘‘Reporting of Data for Mishandled Baggage
and Wheelchairs and Scooters Transported in
Aircraft Cargo Compartments II’’ (RIN: 2105–
AE77).
14 CFR 235—Reports by Air Carriers on
Incidents Involving Animals During Air
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.
14 CFR 240—Inspections of Accounts and
Property
Section 610: OST conducted a Section 610
review of this part and found no SEISNOSE.
General: Update required to reflect office
name change from ‘‘Office of Aviation
Enforcement and Proceedings’’ to ‘‘Office of
Aviation Consumer Protection’’ in section
240.1(b). Updates should be considered to
section 240.1(c) credential language and
section 240.2 to permit DOT access to
physical facilities of ticket agents:
authorization is granted to enter/inspect
physical property of carriers (but not
explicitly ticket agents) while authorization
to copy documents/records extends to both
ticket agents and carriers
14 CFR 241—Uniform System of Accounts
and Reports for Large Certificated Air
Carriers
Section 610: OST conducted a Section 610
review of this part and found no SEISNOSE.
General: No changes are needed. These
regulations are cost effective and impose the
least burden.
14 CFR 243—Passenger Manifest Information
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 244—Reporting Tarmac Delay Data
Section 610: OST conducted a Section 610
review of this part and found no SEISNOSE.
General: OST reviewed and has found that
a non-substantive technical correction is
necessary and will explore options to make
this correction.
14 CFR 247—Direct Airport-to-Airport
Mileage Records
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 248—Submission of Audit Reports
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 249—Preservation of Air Carrier
Records
Section 610: OST conducted a Section 610
review of this part and found no SEISNOSE.
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Year
Federal Aviation Administration
Section 610 and Other Reviews
The Federal Aviation Administration
(FAA) has elected to use the two-step, twoyear process used by most Department of
Transportation (DOT) modes in past plans.
As such, the FAA has divided its rules into
10 groups as displayed in the table below.
During the first year (the ‘‘analysis year’’), all
rules published during the previous 10 years
within a 10% block of the regulations will be
analyzed to identify those with a significant
economic impact on a substantial number of
small entities (SEISNOSE). During the second
year (the ‘‘review year’’), each rule identified
in the analysis year as having a SEISNOSE
will be reviewed in accordance with section
610 (b) to determine if it should be continued
without change or changed to minimize
impact on small entities. Results of those
reviews will be published in the DOT
Semiannual Regulatory Agenda.
Regulations to be reviewed
1 ................................
2 ................................
3 ................................
4 ................................
5 ................................
6 ................................
7 ................................
8 ................................
9 ................................
10 ..............................
VerDate Sep<11>2014
General: No changes are needed. These
regulations are cost effective and impose the
least burden.
14 CFR 250—Oversales
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 251—Carriage of Musical Instruments
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 252—Smoking Aboard Aircraft
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 253—Notice of Terms of Contract of
Carriage
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 254—Domestic Baggage Liability
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
14
14
14
14
14
14
14
14
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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 ............................................
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2021
2022
2023
2024
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2026
2027
2028
2029
Review year
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
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Defining SEISNOSE for FAA Regulations
The RFA does not define ‘‘significant
economic impact.’’ Therefore, there is no
clear rule or number to determine when a
significant economic impact occurs.
However, the Small Business Administration
(SBA) states that significance should be
determined by considering the size of the
business, the size of the competitor’s
business and the impact the same regulation
has on larger competitors.
Likewise, the RFA does not define
‘‘substantial number.’’ However, the
legislative history of the RFA suggests that a
substantial number must be at least one but
does not need to be an overwhelming
percentage such as more than half. The SBA
states that the substantiality of the number of
small businesses affected should be
determined on an industry-specific basis.
This analysis consisted of the following
three steps:
1. Review of the number of small entities
affected by the amendments to parts 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 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
• 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
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
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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.
The Federal Highway Administration
(FHWA) has adopted regulations in title 23
of the CFR, chapter I, related to the FederalAid 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
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Analysis year
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.
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2019
2020
2021
2022
2023
2024
2025
2026
2027
Review year
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
Year 4 (Fall 2021) List of Rules Analyzed and
a Summary of the Results
23 CFR part 500—Management and
Monitoring Systems
• Section 610: No SEISNOSE. No small
entities are affected.
• General: Section 1519(b) of the Moving
Ahead for Progress in the 21st Century
(MAP–21) Act (Pub. L. 112–141) repealed
section 23 U.S.C. 303, which is the statutory
basis for this regulation. FHWA plans on
removing these obsolete regulations from Part
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23, Code of Federal Regulations, as part of its
rulemaking in RIN 2125–AF96.
Year 5 (Fall 2022) List of Rules That Will Be
Analyzed During the Next Year
23 CFR part 620—Engineering
23 CFR part 625—Design Standards for
Highways
Year
49
49
49
49
49
49
49
49
49
49
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
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 .......................................................................................................................
Year 4 (2021) List of Rules With Ongoing
Analysis
49 CFR part 380—Special Training
Requirements
1. Section 610: FMCSA analyzed 49 CFR
part 380 but found no SEIOSNOSE. 49 CFR
part 380 regulates two distinct trainingrelated functions. The first presents
requirements for longer combination vehicles
(LCVs) and associated driver instructors; the
second establishes minimum entry level
commercial motor vehicle (CMV) training
requirements. The major change is the
introduction of the Entry-Level Driver
Training (ELDT) rule which has a compliance
date of February 7, 2022. The rule was
Year
updated to ensure entry-level drivers seeking
a CDL or a hazardous material (H), passenger
(P), or school bus (S) endorsement received
quality training. Small motor carriers and
training providers are affected. Entry-level
drivers are not small entities as defined by
the U.S. Small Business Administration
(SBA) and are therefore not included in the
analysis. The ELDT rule requires motor
carriers to maintain minimal training records.
Motor carriers and training/educational
institutions seeking to register on the
Training Provider Registry (TPR) as training
providers will incur some rule-driven
administrative costs and prudent businessrelated costs.
49
23
49
49
49
49
49
49
49
49
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CFR
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CFR
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2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
Section 610 and Other Reviews
Analysis year
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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
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2020
2021
2022
2023
2024
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2026
2027
2028
National Highway Traffic Safety
Administration
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
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
Review year
2. General: There is no need for substantial
revision. These regulations provide
necessary/clear guidance to industry
employers, drivers, and training providers.
The regulations are written consistent with
plain language guidelines, are cost effective,
and impose the least economic burden to the
industry.
Year 5 (2022) List of Rules That Will Be
Analyzed During the Year
49 CFR part 387—Minimum Levels of
Financial Responsibility for Motor Carriers.
Regulations to be reviewed
1 ........................
2 ........................
3 ........................
4 ........................
5 ........................
6 ........................
7 ........................
8 ........................
9 ........................
10 ......................
lotter on DSK11XQN23PROD with PROPOSALS13
23 CFR part 636—Design-build Contracting
23 CFR part 637—Construction Inspection
and Approval
Regulations to be reviewed
1 ........................
2 ........................
3 ........................
4 ........................
5 ........................
6 ........................
7 ........................
8 ........................
9 ........................
10 ......................
VerDate Sep<11>2014
23 CFR part 626—Pavement Policy
23 CFR part 627—Value Engineering
23 CFR part 630—Preconstruction
Procedures
23 CFR part 633—Required Contract
Provisions
23 CFR part 635—Construction and
Maintenance
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 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
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49 CFR part 571.221—School Bus Body Joint
Strength
Year
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,
209,
213,
218,
223,
229,
234,
239,
244,
264,
271,
Year 4 (Fall 2021) List of Rules Analyzed and
a Summary of Results
49 CFR part 221—Rear End Marking
Device—Passenger, Commuter and Freight
Trains
• Section 610: There is no SEISNOSE.
• General: Since the rule prescribes
minimum requirements for railroads to equip
the rear car of passenger, commuter and
freight trains with highly visible markers, it
provides safety and security not only for
railroad employees but also for the general
public. No changes are needed. FRA’s plain
language review of this rule indicates no
need for substantial revision.
49 CFR part 222—Use of Locomotive Horns
at Public Highway-Rail Grade Crossings
• Section 610: There is no SEISNOSE.
• General: The purpose of this rule is to
require locomotive horn use at public
highway-rail grade crossings except in quiet
zones established and maintained in
accordance with this rule. FRA’s plain
language review of this rule indicates no
need for substantial revision.
49 CFR part 223—Safety Glazing Standards—
Locomotives, Passenger Cars and Cabooses
• Section 610: There is no SEISNOSE.
• General: The rule provides minimum
standards for glazing materials and is
necessary to protect railroad employees and
railroad passengers from injury because of
objects striking the windows of locomotives,
passenger cars and cabooses. Proposed
amendments will reduce the regulatory
burden on the railroad industry by
eliminating the need to continue to use the
waiver process for relief, while providing the
railroad industry with regulatory certainty as
to the applicability of part 223 to certain
older equipment. FRA’s plain language
review of this rule indicates no need for
substantial revision.
Year
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Federal Railroad Administration
Section 610 and Other Reviews
Regulations to be reviewed
1 ........................
2 ........................
3 ........................
4 ........................
5 ........................
6 ........................
7 ........................
8 ........................
9 ........................
10 ......................
Analysis year
and 210 .....................................................................................
214, and 215 .............................................................................
219, and 220 .............................................................................
224, and 225 .............................................................................
230, and 231 .............................................................................
235, and 236 .............................................................................
240, and 241 .............................................................................
250, and 256 .............................................................................
266, and 268 .............................................................................
272, and 273 .............................................................................
49 CFR part 224—Reflectorization of Rail
Freight Rolling Stock
• Section 610: There is no SEISNOSE.
• General: The regulation requires freight
rolling stock owners and railroads to have all
freight rolling properly equipped with
retroreflective material within 10 years of the
effective date of the final rule for the purpose
of enhancing its detectability at highway-rail
crossings. Freight rolling stock owners and
railroads are also required to periodically
inspect and maintain that material. The rule
also established a 10-year implementation
schedule to help facilitate the initial
application of retroreflective material to nonreflectorized freight rolling stock. Further,
the regulation prescribes standards for the
application, inspection, and maintenance of
retroreflective material on rail freight rolling.
FRA’s plain language review of this rule
indicates no need for revision.
49 CFR part 225—Railroad Accidents/
Incidents: Reports Classification and
Investigations
• Section 610: There is no SEISNOSE.
Section 225.3 specifically states that certain
Internal Control Plan and recordkeeping
requirements are not applicable to railroads
below a certain size. FRA also makes
available a free software package to all
railroads that would allow for FRA
recordkeeping and reporting.
• General: Since FRA needs accurate
information on the hazards and risks that
exist on the nation’s railroads to effectively
carry out its regulatory responsibilities, to
determine comparative trends of railroad
safety, and to develop hazard elimination
and risk reduction programs that focus on
preventing railroad injuries and accidents,
the requirements set forth in part 225 will
improve railroad safety for industry
employees and the general public.
49
49
49
49
49
49
49
49
49
49
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
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2020
2021
2022
2023
2024
2025
2026
2027
2028
49 CFR part 227—Occupational Noise
Exposure
49 CFR part 228—Passenger Train Employee
Hours of Service; Recordkeeping and
Reporting; Sleeping Quarters
49 CFR part 229—Railroad Locomotive
Safety Standards
49 CFR part 230—Steam Locomotive
Inspection and Maintenance Standards
49 CFR part 231—Railroad Safety Appliance
Standards
Federal Transit Administration
Section 610 and Other Reviews
The Regulatory Flexibility Act of 1980
(RFA), as amended (sections 601 through 612
of title 5, United States Code), requires
Federal regulatory agencies to analyze all
proposed and final rules to determine their
economic impact on small entities, which
include small businesses, organizations, and
governmental jurisdictions. Section 610
requires government agencies to periodically
review all regulations that will have a
significant economic impact on a substantial
number of small entities (SEISNOSE).
In complying with this section, the Federal
Transit Administration (FTA) has elected to
use the two-step, two-year process used by
most Department of Transportation (DOT)
modes. As such, FTA has divided its rules
into 10 groups as displayed in the table
below. During the analysis year, the listed
rules will be analyzed to identify those with
a SEISNOSE. During the review year, each
rule identified in the analysis year as having
a SEISNOSE will be reviewed in accordance
with section 610(b) to determine if it should
be continued without change or changed to
minimize the impact on small entities.
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 ..............................................................................................
21:22 Feb 21, 2023
Review year
Year 5 (Fall 2022) List of Rules(s) That Will
Be Analyzed During This Year
Regulations to be reviewed
1 ........................
2 ........................
3 ........................
4 ........................
5 ........................
6 ........................
7 ........................
8 ........................
9 ........................
10 ......................
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49 CFR part 571.222—School Bus Passenger
Seating and Crash Protection
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2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
Review year
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda
Year 4 (2021) 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 611 and
determined that it would not result in a
SEISNOSE within the meaning of the RFA.
Year 5 (2022) List of Rules To Be Analyzed
This Year
49 CFR part 655—Prevention of Alcohol
Misuse and Prohibited Drug Use in Transit
Operations
Maritime Administration
Section 610 and Other Reviews
Year
Regulations to be reviewed
1 ........................
46 CFR parts 201 through 205, 46 CFR parts 315 through 340, 46 CFR part 345 through
347, and 46 CFR parts 381 and 382.
46 CFR parts 221 through 232 ................................................................................................
46 CFR parts 249 through 296 ................................................................................................
46 CFR parts 221, 298, 308, and 309 .....................................................................................
46 CFR parts 307 through 309 ................................................................................................
46 CFR part 310 .......................................................................................................................
46 CFR parts 315 through 340 ................................................................................................
46 CFR parts 345 through 381 ................................................................................................
46 CFR parts 382 through 389 ................................................................................................
46 CFR parts 390 through 393 ................................................................................................
2 ........................
3 ........................
4 ........................
5 ........................
6 ........................
7 ........................
8 ........................
9 ........................
10 ......................
Year 1 (2018) List of Rules With Ongoing
Analysis
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The regulation implements the statutorily
required process that applicants must follow
to be considered eligible for fixed guideway
capital investment grants.
• General: No changes are needed. FTA is
currently updating its capital investment
grant policy guidance pursuant to 49 U.S.C.
5309(g)(5).
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
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Analysis year
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—NSAWorkmanship
46 CFR part 340—Priority Use and Allocation
of Shipping Services, Containers and
Chassis, and Port Facilities and Services
for National Security and National Defense
Related Operations
46 CFR part 345—Restrictions Upon the
Transfer or Change in Use or In Terms
Governing Utilization of Port Facilities
46 CFR part 346—Federal Port Controllers
46 CFR part 347—Operating Contract
46 CFR part 381—Cargo Preference—U.S.Flag Vessels
46 CFR part 382—Determination of Fair and
Reasonable Rates for the Carriage of Bulk
and Packaged Preference Cargoes on U.S.Flag Commercial Vessels
Year 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 costeffective 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.
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Review year
2018
2019
2019
2020
2021
2022
2023
2024
2025
2026
2027
2020
2021
2022
2023
2024
2025
2026
2027
2028
• 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 ConstructionDifferential Subsidy Vessels, OperatingDifferential 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
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Year
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
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 4 (Fall 2022) List of Rules Analyzed and
a Summary of Results
49 CFR part 171—General Information,
Regulations, Definitions
49 CFR 171.15—Immediate notice of certain
hazardous materials incidents
49 CFR 171.16—Detailed hazardous materials
incident reports
• Section 610: PHMSA conducted a review
of this part and these sections and found no
SEISNOSE.
• General: PHMSA’s plain language review
of these areas indicate no need for substantial
revision. These regulations provide
necessary/clear guidance to stakeholders on
the applicability of the hazardous materials
regulations, use of international transport
standards, and PHMSA’s incident reporting
requirements—among other provisions. The
regulations are written consistent with plain
language guidelines, are cost effective, and
impose the least economic burden to the
industry.
For an 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
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 clarified
provisions based on PHMSA’s initiatives and
correspondence with the regulated
Review year
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
community and domestic and international
stakeholders, which helps promote safety
through increased regulatory compliance.
The changes were 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 an 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 5 (Fall 2023) List of Rules That Will Be
Analyzed During the Next Year
49 CFR parts 106, 107, 171, 190, and 195
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
BILLING CODE 4910–81–P
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OFFICE OF THE SECRETARY—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
374 ....................
++A Refunding Airline Tickets and Fees for Delayed Checked Bags and Ancillary Services That are not
Provided.
+ DOT-designated significant regulation.
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Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda
11269
OFFICE OF THE SECRETARY—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
375 ....................
+Air Transportation Consumer Protection Requirements for Ticket Agents (Section 610 Review) ..............
2105–AE57
+ DOT-designated significant regulation.
OFFICE OF THE SECRETARY—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
376 ....................
Refunding Fees for Delayed Checked Bags and Unused Ancillary Services .................................................
2105–AE53
FEDERAL AVIATION ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
377 ....................
+Airport Safety Management System ..............................................................................................................
2120–AJ38
+ DOT-designated significant regulation.
FEDERAL AVIATION ADMINISTRATION—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
378 ....................
379 ....................
+Regulation Of Flight Operations Conducted By Alaska Guide Pilots ............................................................
+Drug and Alcohol Testing of Certain Maintenance Provider Employees Located Outside of the United
States.
+Applying the Flight, Duty, and Rest Requirements to Ferry Flights That Follow 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) (Section 610 Review).
+Registration and Marking Requirements for Small Unmanned Aircraft ........................................................
380 ....................
381 ....................
382 ....................
383 ....................
384 ....................
2120–AJ78
2120–AK09
2120–AK26
2120–AK37
2120–AK57
2120–AK77
2120–AK82
+ DOT-designated significant regulation.
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
385 ....................
386 ....................
Self-Insurance Program Cost Recovery (Section 610 Review) .....................................................................
Parts and Accessories Necessary for Safe Operation; Electronic Stability Control (Section 610 Review) ..
2126–AC58
2126–AC59
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
387 ....................
+Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor Carriers Operating in
the United States.
2126–AA35
+ DOT-designated significant regulation.
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FEDERAL RAILROAD ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
388 ....................
+Train Crew Staffing (Section 610 Review) (Reg Plan Seq No. 153) ..........................................................
2130–AC88
+ DOT-designated significant regulation. References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.
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Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda
FEDERAL RAILROAD ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
389 ....................
Risk Reduction Program (Section 610 Review) .............................................................................................
2130–AC89
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION—FINAL RULE STAGE
Sequence No.
390 ....................
391 ....................
392 ....................
393 ....................
Regulation
Identifier No.
Title
Seaway Regulations and Rules: Periodic Update, Various
Section 610 Review).
Tariff of Tolls (Rulemaking Resulting From a Section 610
Seaway Regulations and Rules: Periodic Update, Various
Section 610 Review).
Tariff of Tolls (Rulemaking Resulting From a Section 610
Categories (Rulemaking Resulting From a
2135–AA51
Review) ..........................................................
Categories (Rulemaking Resulting From a
2135–AA52
2135–AA53
Review) ..........................................................
2135–AA54
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
394 ....................
395 ....................
396 ....................
+Pipeline Safety: Gas Pipeline Leak Detection and Repair ............................................................................
+Pipeline Safety: Pipeline Operational Status .................................................................................................
+Pipeline Safety: Safety of Gas Distribution Pipelines and Other Pipeline Safety Initiatives .........................
2137–AF51
2137–AF52
2137–AF53
+ DOT-designated significant regulation.
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
397 ....................
+Hazardous Materials: Enhanced Safety Provisions for Lithium Batteries Transported by Aircraft (FAA Reauthorization Act of 2018).
2137–AF20
+ DOT-designated significant regulation.
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
398 ....................
+Pipeline Safety: Amendments to Parts 192 and 195 to require Valve installation and Minimum Rupture
Detection Standards.
2137–AF06
+ DOT-designated significant regulation.
DEPARTMENT OF TRANSPORTATION
(DOT)
Office of the Secretary (OST)
Proposed Rule Stage
lotter on DSK11XQN23PROD with PROPOSALS13
374. ++A Refunding Airline Tickets and
Fees for Delayed Checked Bags and
Ancillary Services That Are Not
Provided [2105–AF04]
Legal Authority: 49 U.S.C. 41712; 49
U.S.C. 40101, 49 U.S.C. 41702
Abstract: The Department of
Transportation has consistently
interpreted 49 U.S.C. 41712, which
prohibits U.S. air carriers, foreign air
carriers, and ticket agents from engaging
in unfair practices in the sale of air
transportation, to require carriers and
ticket agents to provide requested
refunds to passengers when a carrier
VerDate Sep<11>2014
21:22 Feb 21, 2023
Jkt 250001
cancels or significantly changes a flight
to, from, or within the United States.
This rulemaking would clarify that,
under the Department’s rule requiring
airlines to provide prompt refunds
when ticket refunds are due and its rule
requiring ticket agents to make refunds
promptly when service cannot be
performed as contracted, carriers and
ticket agents must provide prompt ticket
refunds to passengers when a carrier
cancels or makes a significant change to
a flight. This rulemaking would define
cancellation and significant change,
including addressing whether new
itineraries involving delays of a certain
length or additional stops constitute a
significant change requiring a refund.
This rulemaking would also address
protections for consumers who are
unable to travel due to government
PO 00000
Frm 00014
Fmt 4701
Sfmt 4702
restrictions. In addition, the rulemaking
under RIN 2105–AE53 has been merged
into this rulemaking. As such, this
rulemaking would also require airlines
to refund checked baggage fees when
they fail to deliver the bags in a timely
manner as provided by the FAA
Extension, Safety and Security Act of
2016, and require airlines to promptly
provide a refund to a passenger of any
ancillary fees paid for services that the
passenger did not receive as provided
by the FAA Reauthorization Act of
2018.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
E:\FR\FM\22FEP13.SGM
22FEP13
Date
08/22/22
12/00/22
FR Cite
87 FR 51550
Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda
Action
Date
Final Rule ............
FR Cite
11/00/23
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Blane A. Workie,
Assistant General Counsel, Department
of Transportation, Office of the
Secretary, 1200 New Jersey Avenue SE,
Washington, DC 20590, Phone: 202 366–
9342, Fax: 202 366–7153, Email:
blane.workie@ost.dot.gov.
RIN: 2105–AF04
DEPARTMENT OF TRANSPORTATION
(DOT)
Office of the Secretary (OST)
Long-Term Actions
lotter on DSK11XQN23PROD with PROPOSALS13
375. +Air Transportation Consumer
Protection Requirements for Ticket
Agents (Section 610 Review) [2105–
AE57]
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:
blane.workie@ost.dot.gov.
RIN: 2105–AE57
VerDate Sep<11>2014
21:22 Feb 21, 2023
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11271
(SMS) for its aviation related activities.
An SMS is a formalized approach to
managing safety by developing an
Office of the Secretary (OST)
organization-wide safety policy,
developing formal methods of
Completed Actions
identifying hazards, analyzing and
376. Refunding Fees for Delayed
mitigating risk, developing methods for
Checked Bags and Unused Ancillary
ensuring continuous safety
Services [2105–AE53]
improvement, and creating
Legal Authority: Pub. L. 115–254; Pub. organization-wide safety promotion
L. 114–190
strategies.
Timetable:
Abstract: The Department of
Transportation (DOT or Department)
Action
Date
FR Cite
would require airlines to refund
checked baggage fees when they fail to
NPRM ..................
10/07/10 75 FR 62008
deliver the bags in a timely manner as
NPRM Comment
12/10/10 75 FR 76928
provided by the FAA Extension, Safety
Period Exand Security Act of 2016. The
tended.
Department would also require airlines
NPRM Comment
01/05/11
Period End.
to promptly provide a refund to a
End of Extended
03/07/11
passenger of any ancillary fees paid for
Comment Peservices that the passenger did not
riod.
receive as provided by the FAA
Second Extension
03/07/11 76 FR 12300
Reauthorization Act of 2018. This
of Comment
rulemaking has been merged with the
Period.
rulemaking under RIN 2105–AF04. As
End of Second
07/05/11
such, a combined final rule will be
Extended Comissued under RIN 2105–AF04 to address
ment Period.
the matters proposed in this rulemaking. Second NPRM .... 07/14/16 81 FR 45871
Second NPRM
09/12/16
Timetable:
DEPARTMENT OF TRANSPORTATION
(DOT)
Action
Date
ANPRM ...............
ANPRM Comment
Period End.
NPRM ..................
NPRM Comment
Period End.
Terminated ..........
FR Cite
10/31/16
11/30/16
81 FR 75347
07/21/21
09/20/21
86 FR 38420
10/26/22
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Blane A. Workie,
Assistant General Counsel, Department
of Transportation, Office of the
Secretary, 1200 New Jersey Avenue SE,
Washington, DC 20590, Phone: 202 366–
9342, Fax: 202 366–7153, Email:
blane.workie@ost.dot.gov.
RIN: 2105–AE53
DEPARTMENT OF TRANSPORTATION
(DOT)
Federal Aviation Administration (FAA)
Final Rule Stage
377. +Airport Safety Management
System [2120–AJ38]
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
PO 00000
Frm 00015
Fmt 4701
Sfmt 4702
Comment Period End.
Final Rule ............
12/00/22
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
DEPARTMENT OF TRANSPORTATION
(DOT)
Federal Aviation Administration (FAA)
Long-Term Actions
378. +Regulation of Flight Operations
Conducted by Alaska Guide Pilots
[2120–AJ78]
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
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Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda
lotter on DSK11XQN23PROD with PROPOSALS13
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
379. +Drug and Alcohol Testing of
Certain Maintenance Provider
Employees Located Outside of the
United States [2120–AK09]
Legal Authority: 14 CFR; 49 U.S.C.
106(g); 49 U.S.C. 40113; 49 U.S.C.
44701; 49 U.S.C. 44702; 49 U.S.C.
44707; 49 U.S.C. 44709; 49 U.S.C. 44717
Abstract: This rulemaking would
require controlled substance testing of
some employees working in repair
stations located outside the United
States. The intended effect is to increase
participation by companies outside of
the United States in testing of
employees who perform safety critical
functions and testing standards similar
to those used in the repair stations
located in the United States. This action
is necessary to increase the level of
safety of the flying public. This
rulemaking is a statutory mandate under
section 308(d) of the FAA
Modernization and Reform Act of 2012
(Pub. L. 112–95).
Timetable:
Action
Date
ANPRM ...............
Comment Period
Extended.
ANPRM Comment
Period End.
VerDate Sep<11>2014
03/17/14
05/01/14
FR Cite
79 FR 14621
79 FR 24631
05/16/14
21:22 Feb 21, 2023
Jkt 250001
Action
Date
Comment Period
End.
Next Action Undetermined.
FR Cite
07/17/14
................
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
380. +Applying the Flight, Duty, and
Rest Requirements to Ferry Flights That
Follow Commuter or On-Demand
Operations (FAA Reauthorization)
[2120–AK26]
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: Next Action
Undetermined.
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
381. +Aircraft Registration and Airmen
Certification Fees [2120–AK37]
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
PO 00000
Frm 00016
Fmt 4701
Sfmt 4702
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.
Abstract: This rulemaking would
establish fees for airman certificates,
medical certificates, and provision of
legal opinions pertaining to aircraft
registration or recordation. This
rulemaking also would revise existing
fees for aircraft registration, recording of
security interests in aircraft or aircraft
parts, and replacement of an airman
certificate. This rulemaking addresses
provisions of the FAA Modernization
and Reform Act of 2012. This
rulemaking is intended to recover the
estimated costs of the various services
and activities for which fees would be
established or revised.
Timetable:
Action
NPRM ..................
Date
FR Cite
To Be Determined
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
382. +Helicopter Air Ambulance Pilot
Training and Operational
Requirements (HAA II) (FAA
Reauthorization) [2120–AK57]
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)
E:\FR\FM\22FEP13.SGM
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Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda
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, 800
Independence Ave. SW, Washington,
DC 20591, Phone: 202–267–4552, Email:
chris.holliday@faa.gov.
RIN: 2120–AK57
lotter on DSK11XQN23PROD with PROPOSALS13
383. Requirements To File Notice of
Construction of Meteorological
Evaluation Towers and Other
Renewable Energy Projects (Section 610
Review) (Section 610 Review) [2120–
AK77]
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: Next Action
Undetermined.
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Brian Konie, Air
Traffic Service, Department of
Transportation, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591,
Phone: 202 267–8783, Email:
brian.konie@faa.gov.
RIN: 2120–AK77
384. +Registration and Marking
Requirements for Small Unmanned
Aircraft [2120–AK82]
Legal Authority: 49 U.S.C. 106(f), 49
U.S.C. 41703, 44101–44106, 44110–
44113, and 44701
Abstract: This rulemaking would
provide an alternative, streamlined and
simple, web-based aircraft registration
process for the registration of small,
unmanned aircraft, including small
unmanned aircraft operated exclusively
for limited recreational operations, to
facilitate compliance with the statutory
requirement that all aircraft register
prior to operation. It would also provide
a simpler method for marking small,
unmanned aircraft that is more
appropriate for these aircraft. This
action responds to public comments
received regarding the proposed
VerDate Sep<11>2014
21:22 Feb 21, 2023
Jkt 250001
registration process in the Operation
and Certification of Small Unmanned
Aircraft notice of proposed rulemaking,
the request for information regarding
unmanned aircraft system registration,
and the recommendations from the
Unmanned Aircraft System Registration
Task Force.
Timetable:
Action
Date
Interim Final Rule
Interim Final Rule
Effective.
OMB approval of
information collection.
Interim Final Rule
Comment Period End.
Final Rule ............
FR Cite
12/16/15
12/21/15
80 FR 78593
12/21/15
80 FR 79255
01/15/16
02/00/24
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Bonnie Lefko,
Department of Transportation, Federal
Aviation Administration, 6500 S
MacArthur Boulevard, Registry Building
26, Room 118, Oklahoma City, OK
73169, Phone: 866 762–9434, Email:
bonnie.lefko@faa.gov.
RIN: 2120–AK82
BILLING CODE 4910–13–P
Action
NPRM ..................
Federal Motor Carrier Safety
Administration (FMCSA)
Proposed Rule Stage
385. Self-Insurance Program Cost
Recovery (Section 610 Review) [2126–
AC58]
Legal Authority: 31 U.S.C. 9701 and
49 U.S.C. 13906(d); 49 U.S.C. 13908(d)
Abstract: FMCSA will propose to
amend fees collected for the processing
of new self-insurance applications and
add new fees for ongoing monitoring of
carrier compliance with the selfinsurance program requirements.
Application fees will be directed to
FMCSA’s Licensing and Insurance (L&I)
Account while monitoring fees must be
sent to the Treasury. This rulemaking
will amend 49 CFR 360.3T/360.3 to
ensure that the limited number of
primarily large motor carriers that
benefit from the program bear a
proportionate cost of participating in the
program. FMCSA may also need to
amend 49 CFR 360.5T/360.5 to reflect
any specific updates to the user fee
methodology that are required by this
rulemaking.
Timetable:
PO 00000
Frm 00017
Fmt 4701
Sfmt 4702
FR Cite
04/00/23
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Kenneth Riddle,
Office Director, Department of
Transportation, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE, W65–308, Washington, DC
20590, Phone: 202 366–9616, Email:
kenneth.riddle@dot.gov.
RIN: 2126–AC58
386. • Parts and Accessories Necessary
for Safe Operation; Electronic Stability
Control (Section 610 Review) [2126–
AC59]
Legal Authority: Not Yet Determined
Abstract: Federal Motor Carrier Safety
Administration (FMCSA) would crossreference the National Highway Traffic
Safety Administration’s (NHTSA)
requirements for original equipment
manufacturers to install electronic
stability control (ESC) on new vehicles
and require interstate motor carriers to
maintain the systems on commercial
motor vehicles (CMVs).
Timetable:
Action
NPRM ..................
DEPARTMENT OF TRANSPORTATION
(DOT)
Date
11273
Date
FR Cite
12/00/22
Regulatory Flexibility Analysis
Required: Undetermined.
Agency Contact: Sarah Stella,
Department of Transportation, Federal
Motor Carrier Safety Administration,
1200 New Jersey Avenue SE,
Washington, DC 20590, Phone: 202 366–
0192, Email: sarah.stella@dot.gov.
RIN: 2126–AC59
DEPARTMENT OF TRANSPORTATION
(DOT)
Federal Motor Carrier Safety
Administration (FMCSA)
Long-Term Actions
387. +Safety Monitoring System and
Compliance Initiative for MexicoDomiciled Motor Carriers Operating in
the United States [2126–AA35]
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
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Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda
Certificate of Registration or provisional
authority to operate in the United
States. It also would establish
suspension and revocation procedures
for provisional Certificates of
Registration and operating authority,
and incorporate criteria to be used by
FMCSA in evaluating whether Mexicodomiciled carriers exercise basic safety
management controls. The interim rule
included requirements that were not
proposed in the NPRM but which are
necessary to comply with the FY–2002
DOT Appropriations Act. On January
16, 2003, the Ninth Circuit Court of
Appeals remanded this rule, along with
two other NAFTA-related rules, to the
agency, requiring a full environmental
impact statement and an analysis
required by the Clean Air Act. On June
7, 2004, the Supreme Court reversed the
Ninth Circuit and remanded the case,
holding that FMCSA is not required to
prepare the environmental documents.
FMCSA originally planned to publish a
final rule by November 28, 2003.
Timetable:
Action
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
DEPARTMENT OF TRANSPORTATION
(DOT)
Federal Railroad Administration (FRA)
Final Rule Stage
389. Risk Reduction Program (Section
610 Review) [2130–AC89]
Legal Authority: 49 U.S.C. 20103; 49
U.S.C. 20156
Abstract: FRA published the Risk
Reduction Program (RRP) final rule on
February 18, 2020, as required by 49
U.S.C. 20156. The RRP final rule
established regulations at 49 CFR part
271, requiring Class I freight railroads
and Class II and III freight railroads that
demonstrate inadequate safety
performance to develop and implement
an RRP to improve the safety of their
operations. This NPRM would address a
procedural issue raised in an
Association of American Railroads
(AAR) petition to remove 49 CFR
271.3(c), which states that employees of
railroad contractors that perform a
‘‘Significant portion of a railroad’s
operation’’ are considered the railroad’s
‘‘directly affected employees’’ for
purposes of the RRP rule.
Timetable:
Action
05/03/02
08/26/03
68 FR 51322
10/08/03
68 FR 58162
................
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Sarah Stella,
Department of Transportation, Federal
Motor Carrier Safety Administration,
1200 New Jersey Avenue SE,
Washington, DC 20590, Phone: 202 366–
0192, Email: sarah.stella@dot.gov.
RIN: 2126–AA35
Date
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
09/08/22
11/07/22
FR Cite
87 FR 54938
05/00/23
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Amanda Maizel,
Attorney Adviser, Department of
Transportation, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590,
Phone: 202 493–8014, Email:
amanda.maizel@dot.gov.
RIN: 2130–AC89
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
Final Rule ............
Date
FR Cite
12/00/22
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–AA51
391. Tariff of Tolls (Rulemaking
Resulting From a Section 610 Review)
[2135–AA52]
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
Final Rule ............
Date
FR Cite
12/00/22
DEPARTMENT OF TRANSPORTATION
(DOT)
Saint Lawrence Seaway Development
Corporation (SLSDC)
Federal Railroad Administration (FRA)
Final Rule Stage
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
Proposed Rule Stage
390. Seaway Regulations and Rules:
Periodic Update, Various Categories
(Rulemaking Resulting From a Section
610 Review) [2135–AA51]
Legal Authority: 33 U.S.C. 981 et seq.
Abstract: The Great Lakes St.
Lawrence Seaway Development
392. • Seaway Regulations and Rules:
Periodic Update, Various Categories
(Rulemaking Resulting From a Section
610 Review) [2135–AA53]
Legal Authority: 33 U.S.C. 981 et seq.
Abstract: The Great Lakes St.
Lawrence Seaway Development
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RIN: 2130–AC88
DEPARTMENT OF TRANSPORTATION
(DOT)
388. +Train Crew Staffing (Section 610
Review) [2130–AC88]
Regulatory Plan: This entry is Seq.
No. 153 in part II of this issue of the
Federal Register.
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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
Final Rule ............
FR Cite
12/00/22
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–AA53
393. • Tariff of Tolls (Rulemaking
Resulting From a Section 610 Review)
[2135–AA54]
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
lotter on DSK11XQN23PROD with PROPOSALS13
Final Rule ............
FR Cite
12/00/22
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–AA54
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DEPARTMENT OF TRANSPORTATION
(DOT)
Pipeline and Hazardous Materials
Safety Administration (PHMSA)
Proposed Rule Stage
394. +Pipeline Safety: Gas Pipeline
Leak Detection and Repair [2137–AF51]
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
NPRM ..................
FR Cite
03/00/23
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–AF51
395. +Pipeline Safety: Pipeline
Operational Status [2137–AF52]
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
NPRM ..................
FR Cite
11/00/23
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
PO 00000
Frm 00019
Fmt 4701
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11275
20590, Phone: 202 366–0559, Email:
sayler.palabrica@dot.gov.
RIN: 2137–AF52
396. +Pipeline Safety: Safety of Gas
Distribution Pipelines and Other
Pipeline Safety Initiatives [2137–AF53]
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
NPRM ..................
Date
FR Cite
05/00/23
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
20590, Phone: 202 366–4203, Email:
ashlin.bollacker@dot.gov.
RIN: 2137–AF53
DEPARTMENT OF TRANSPORTATION
(DOT)
Pipeline and Hazardous Materials
Safety Administration (PHMSA)
Final Rule Stage
397. +Hazardous Materials: Enhanced
Safety Provisions for Lithium Batteries
Transported by Aircraft (FAA
Reauthorization Act of 2018) [2137–
AF20]
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
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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
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
FR Cite
84 FR 8006
05/06/19
01/00/23
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Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Eugenio Cardez,
Transportation Regulations Specialist,
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Department of Transportation, Pipeline
and Hazardous Materials Safety
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590,
Phone: 202 366–8553, Email:
eugenio.cardez@dot.gov.
RIN: 2137–AF20
DEPARTMENT OF TRANSPORTATION
(DOT)
Pipeline and Hazardous Materials
Safety Administration (PHMSA)
Completed Actions
398. +Pipeline Safety: Amendments to
Parts 192 and 195 To Require Valve
Installation and Minimum Rupture
Detection Standards [2137–AF06]
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
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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 ............
Final Rule Effective.
Date
FR Cite
02/06/20
04/06/20
85 FR 7162
04/08/22
10/05/22
87 FR 20940
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Robert Jagger,
Technical Writer, Department of
Transportation, Pipeline and Hazardous
Materials Safety Administration, 1200
New Jersey Avenue SE, Washington, DC
20590, Phone: 202 366–4595, Email:
robert.jagger@dot.gov.
RIN: 2137–AF06
[FR Doc. 2023–02031 Filed 2–21–23; 8:45 am]
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]]>Agencies
[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Unknown Section]
[Pages 11258-11276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02031]
[[Page 11257]]
Vol. 88
Wednesday,
No. 35
February 22, 2023
Part XIII
Department of Transportation
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 /
UA: Reg Flex Agenda
[[Page 11258]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Chs. I-III
23 CFR Chs. I-III
33 CFR Chs. I and IV
46 CFR Chs. I-III
48 CFR Ch. 12
49 CFR Subtitle A, Chs. I-VI, and Chs. X-XII
[DOT-OST-1999-5129]
Department Regulatory and Deregulatory Agenda; Semiannual Summary
AGENCY: Office of the Secretary, DOT.
ACTION: Unified Agenda of Federal Regulatory and Deregulatory Actions
(Regulatory Agenda).
-----------------------------------------------------------------------
SUMMARY: The Regulatory Agenda is a semiannual summary of all current
and projected rulemakings, reviews of existing regulations, and
completed actions of the Department of Transportation. The Agenda
provides the public information about the Department of
Transportation's planned regulatory activity for the next 12 months.
This information enables the public to participate in the Department's
regulatory process. The public is encouraged to submit comments on any
aspect of this Agenda.
FOR FURTHER INFORMATION CONTACT:
General
Please direct all general comments and inquiries on the Agenda 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
Please direct all comments and inquiries relative to specific 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 make our transportation system safer for all people,
grow an inclusive and sustainable economy, reduce inequities across our
transportation systems and the communities they affect, help tackle the
climate crisis, and spur research and innovation.
To achieve these goals in accordance with Executive Order 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 the fall of 2021.
The Department has issued the National Roadway Safety Strategy,
which outlines the Department's comprehensive plan to significantly
reduce serious injuries and deaths on our Nation's highways, roads, and
streets. This is the first step in the ambitious long-term goal of
reaching zero roadway fatalities. The Department is currently working
on a number of rulemakings to help achieve this goal. For example,
NHTSA is working to facilitate the deployment of new technology, such
as automatic emergency braking systems, in certain vehicles to improve
the safety of our Nation's roads.
The Department is also moving to rapidly implement the provisions
of the Bipartisan Infrastructure Law (BIL).\1\ For example, FHWA is
currently working on a BIL-required rulemaking to establish minimum
standards and requirements for the implementation of a program that
will result in a national network of 500,000 electric vehicle charging
stations by 2030.
---------------------------------------------------------------------------
\1\ Infrastructure Investment and Jobs Act, Public Law 117-58
(2021).
---------------------------------------------------------------------------
To help address climate change, the Department is working on
rulemakings such as a NHTSA rule to enhance fuel economy for trucks and
heavy-duty engines and vehicles. This rulemaking is in addition to
other recently-completed NHTSA rules that, in aggregate, establish more
stringent fuel economy standards. Similarly, PHMSA is preparing to
enhance requirements for detecting and repairing leaks on new and
existing natural gas distribution, gas transmission, and gas gathering
pipelines.
The Department is also developing rules increasing access to our
transportation system for individuals with disabilities and thereby
advancing equity in transportation. For example, OST is developing a
rulemaking to enhance the safety of air travel for individuals who use
wheelchairs and rely on the physical assistance of airline personnel or
contractors.
The Department is also working on several consumer protection
regulations. For example, OST is developing a rule that would amend
DOT's aviation consumer protection program to ensure that, at the time
of ticket purchase, consumers have ancillary fee information, including
baggage and change fees.
Explanation of Information in the Agenda
An Office of Management and Budget memorandum, dated September 2,
2022, 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
[[Page 11259]]
(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.
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: January 11, 2023.
John Putnam,
General Counsel, Department of Transportation.
Appendix A--Instructions for Obtaining Copies of Regulatory Documents
To obtain a copy of a specific regulatory document in the
Agenda, you should communicate directly with the contact person
listed with the regulation at the address below. We note that most,
if not all, such documents, including the Semiannual Regulatory
Agenda, are available through the internet at https://www.regulations.gov. See appendix C for more information.
Appendix B--General Rulemaking Contact Persons
The following is a list of persons who can be contacted within
the Department for general information concerning the rulemaking
process within the various operating administrations.
FAA--Brandon Roberts, 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--Crystal Williams, Regulatory Ombudsman, 1200 New Jersey
Avenue SE, Washington, DC 20590; telephone (202) 366-2904.
NHTSA--Terrence Sommers, Office of Chief Counsel, 1200 New
Jersey Avenue SE, Washington, DC 20590; telephone (202) 366-7577.
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.
[[Page 11260]]
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
https://www.regulations.gov. This website 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.
Appendix D--Review Plans for Section 610 and Other Requirements
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.
Generally, each DOT operating administration divides its rules into
10 different groups and plans to analyze one group each year. In
each Fall Agenda, the operating administration will publish the
results of the analyses it has completed during the previous year.
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.
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
----------------------------------------------------------------------------------------------------------------
Year Regulations to be reviewed Analysis year Review year
----------------------------------------------------------------------------------------------------------------
1............................................. 49 CFR parts 91 through 99...... 2018 2019
14 CFR parts 200 through 212....
[[Page 11261]]
48 CFR parts 1201 through 1224..
2............................................. 48 CFR parts 1227 through 1253 2019 2020
and new parts and subparts.
3............................................. 14 CFR parts 213 through 232.... 2020 2021
4............................................. 14 CFR parts 234 through 254.... 2021 2022
5............................................. 14 CFR parts 255 through 298 and 2022 2023
49 CFR part 40.
6............................................. 14 CFR parts 300 through 373.... 2023 2024
7............................................. 14 CFR parts 374 through 398.... 2024 2025
8............................................. 14 CFR part 399 and 49 CFR parts 2025 2026
1 through 15.
9............................................. 49 CFR parts 17 through 28...... 2026 2027
10............................................ 49 CFR parts 29 through 39 and 2027 2028
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
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 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, 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
[[Page 11262]]
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.
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
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 determined that updates needed to be made to the regulations
identified under Year 2. The regulations were 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.
[[Page 11263]]
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.
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.
Year 4 (Fall 2021) List of Rules Analyzed and Summary of Results
14 CFR parts 234 through 254
14 CFR 234--Airline Service Quality Performance Reports
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: OST's review revealed some outdated references and rule
text in Part 234. In addition, improvements to portions of the rule
text are needed for plain language. Since the Department last
amended Part 234, it has received feedback from airlines and others
on the Part 234 requirements addressing airline reporting of
cancelled and delayed flights, airline categorization of
cancellations and delays, and airline reporting of mishandled
baggage data, which the Department is considering. The Department
has initiated two rulemakings to evaluate changes to Part 234,
``Improving Accuracy of Flight Cancellation Reporting'' (2105-AE68)
and ``Reporting of Data for Mishandled Baggage and Wheelchairs and
Scooters Transported in Aircraft Cargo Compartments II'' (RIN: 2105-
AE77).
14 CFR 235--Reports by Air Carriers on Incidents Involving Animals
During Air 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.
14 CFR 240--Inspections of Accounts and Property
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Update required to reflect office name change from
``Office of Aviation Enforcement and Proceedings'' to ``Office of
Aviation Consumer Protection'' in section 240.1(b). Updates should
be considered to section 240.1(c) credential language and section
240.2 to permit DOT access to physical facilities of ticket agents:
authorization is granted to enter/inspect physical property of
carriers (but not explicitly ticket agents) while authorization to
copy documents/records extends to both ticket agents and carriers
14 CFR 241--Uniform System of Accounts and Reports for Large
Certificated Air Carriers
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden.
14 CFR 243--Passenger Manifest Information
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 244--Reporting Tarmac Delay Data
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: OST reviewed and has found that a non-substantive
technical correction is necessary and will explore options to make
this correction.
14 CFR 247--Direct Airport-to-Airport Mileage Records
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 248--Submission of Audit Reports
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 249--Preservation of Air Carrier Records
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 250--Oversales
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 251--Carriage of Musical Instruments
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 252--Smoking Aboard Aircraft
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 253--Notice of Terms of Contract of Carriage
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 254--Domestic Baggage Liability
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.
----------------------------------------------------------------------------------------------------------------
Year Regulations to be reviewed Analysis year Review year
----------------------------------------------------------------------------------------------------------------
1............................................. 14 CFR parts 141 through 147 and 2020 2021
parts 170 through 187.
2............................................. 14 CFR parts 189 through 198 and 2021 2022
parts 1 through 16.
3............................................. 14 CFR parts 17 through 33...... 2022 2023
4............................................. 14 CFR parts 34 through 39 and 2023 2024
parts 400 through 405.
5............................................. 14 CFR parts 43 through 49 and 2024 2025
parts 406 through 415.
6............................................. 14 CFR parts 60 through 77...... 2025 2026
7............................................. 14 CFR parts 91 through 107..... 2026 2027
8............................................. 14 CFR parts 417 through 460.... 2027 2028
9............................................. 14 CFR parts 119 through 129 and 2028 2029
parts 150 through 156.
10............................................ 14 CFR parts 133 through 139 and 2029 2030
parts 157 through 169.
----------------------------------------------------------------------------------------------------------------
[[Page 11264]]
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
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 4 (Fall 2021) List of Rules Analyzed and a Summary of the Results
23 CFR part 500--Management and Monitoring Systems
Section 610: No SEISNOSE. No small entities are
affected.
General: Section 1519(b) of the Moving Ahead for
Progress in the 21st Century (MAP-21) Act (Pub. L. 112-141) repealed
section 23 U.S.C. 303, which is the statutory basis for this
regulation. FHWA plans on removing these obsolete regulations from
Part
[[Page 11265]]
23, Code of Federal Regulations, as part of its rulemaking in RIN
2125-AF96.
Year 5 (Fall 2022) List of Rules That Will Be Analyzed During the Next
Year
23 CFR part 620--Engineering
23 CFR part 625--Design Standards for Highways
23 CFR part 626--Pavement Policy
23 CFR part 627--Value Engineering
23 CFR part 630--Preconstruction Procedures
23 CFR part 633--Required Contract Provisions
23 CFR part 635--Construction and Maintenance
23 CFR part 636--Design-build Contracting
23 CFR part 637--Construction Inspection and Approval
Federal Motor Carrier Safety Administration
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 49 CFR part 386. 2018 2019
2..................... 49 CFR part 385. 2019 2020
3..................... 49 CFR parts 382 2020 2021
and 383.
4..................... 49 CFR part 380. 2021 2022
5..................... 49 CFR part 387. 2022 2023
6..................... 49 CFR part 398. 2023 2024
7..................... 49 CFR part 392. 2024 2025
8..................... 49 CFR part 375. 2025 2026
9..................... 49 CFR part 367. 2026 2027
10.................... 49 CFR part 395. 2027 2028
------------------------------------------------------------------------
Year 4 (2021) List of Rules With Ongoing Analysis
49 CFR part 380--Special Training Requirements
1. Section 610: FMCSA analyzed 49 CFR part 380 but found no
SEIOSNOSE. 49 CFR part 380 regulates two distinct training-related
functions. The first presents requirements for longer combination
vehicles (LCVs) and associated driver instructors; the second
establishes minimum entry level commercial motor vehicle (CMV)
training requirements. The major change is the introduction of the
Entry-Level Driver Training (ELDT) rule which has a compliance date
of February 7, 2022. The rule was updated to ensure entry-level
drivers seeking a CDL or a hazardous material (H), passenger (P), or
school bus (S) endorsement received quality training. Small motor
carriers and training providers are affected. Entry-level drivers
are not small entities as defined by the U.S. Small Business
Administration (SBA) and are therefore not included in the analysis.
The ELDT rule requires motor carriers to maintain minimal training
records. Motor carriers and training/educational institutions
seeking to register on the Training Provider Registry (TPR) as
training providers will incur some rule-driven administrative costs
and prudent business-related costs.
2. General: There is no need for substantial revision. These
regulations provide necessary/clear guidance to industry employers,
drivers, and training providers. The regulations are written
consistent with plain language guidelines, are cost effective, and
impose the least economic burden to the industry.
Year 5 (2022) List of Rules That Will Be Analyzed During the Year
49 CFR part 387--Minimum Levels of Financial Responsibility for
Motor Carriers.
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
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
[[Page 11266]]
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, 239,
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, 271,
272, and 273.
------------------------------------------------------------------------
Year 4 (Fall 2021) List of Rules Analyzed and a Summary of Results
49 CFR part 221--Rear End Marking Device--Passenger, Commuter and
Freight Trains
Section 610: There is no SEISNOSE.
General: Since the rule prescribes minimum requirements
for railroads to equip the rear car of passenger, commuter and
freight trains with highly visible markers, it provides safety and
security not only for railroad employees but also for the general
public. No changes are needed. FRA's plain language review of this
rule indicates no need for substantial revision.
49 CFR part 222--Use of Locomotive Horns at Public Highway-Rail
Grade Crossings
Section 610: There is no SEISNOSE.
General: The purpose of this rule is to require
locomotive horn use at public highway-rail grade crossings except in
quiet zones established and maintained in accordance with this rule.
FRA's plain language review of this rule indicates no need for
substantial revision.
49 CFR part 223--Safety Glazing Standards--Locomotives, Passenger
Cars and Cabooses
Section 610: There is no SEISNOSE.
General: The rule provides minimum standards for
glazing materials and is necessary to protect railroad employees and
railroad passengers from injury because of objects striking the
windows of locomotives, passenger cars and cabooses. Proposed
amendments will reduce the regulatory burden on the railroad
industry by eliminating the need to continue to use the waiver
process for relief, while providing the railroad industry with
regulatory certainty as to the applicability of part 223 to certain
older equipment. FRA's plain language review of this rule indicates
no need for substantial revision.
49 CFR part 224--Reflectorization of Rail Freight Rolling Stock
Section 610: There is no SEISNOSE.
General: The regulation requires freight rolling stock
owners and railroads to have all freight rolling properly equipped
with retroreflective material within 10 years of the effective date
of the final rule for the purpose of enhancing its detectability at
highway-rail crossings. Freight rolling stock owners and railroads
are also required to periodically inspect and maintain that
material. The rule also established a 10-year implementation
schedule to help facilitate the initial application of
retroreflective material to non-reflectorized freight rolling stock.
Further, the regulation prescribes standards for the application,
inspection, and maintenance of retroreflective material on rail
freight rolling. FRA's plain language review of this rule indicates
no need for revision.
49 CFR part 225--Railroad Accidents/Incidents: Reports
Classification and Investigations
Section 610: There is no SEISNOSE. Section 225.3
specifically states that certain Internal Control Plan and
recordkeeping requirements are not applicable to railroads below a
certain size. FRA also makes available a free software package to
all railroads that would allow for FRA recordkeeping and reporting.
General: Since FRA needs accurate information on the
hazards and risks that exist on the nation's railroads to
effectively carry out its regulatory responsibilities, to determine
comparative trends of railroad safety, and to develop hazard
elimination and risk reduction programs that focus on preventing
railroad injuries and accidents, the requirements set forth in part
225 will improve railroad safety for industry employees and the
general public.
Year 5 (Fall 2022) List of Rules(s) That Will Be Analyzed During This
Year
49 CFR part 227--Occupational Noise Exposure
49 CFR part 228--Passenger Train Employee Hours of Service;
Recordkeeping and Reporting; Sleeping Quarters
49 CFR part 229--Railroad Locomotive Safety Standards
49 CFR part 230--Steam Locomotive Inspection and Maintenance
Standards
49 CFR part 231--Railroad Safety Appliance Standards
Federal Transit Administration
Section 610 and Other Reviews
The Regulatory Flexibility Act of 1980 (RFA), as amended
(sections 601 through 612 of title 5, United States Code), requires
Federal regulatory agencies to analyze all proposed and final rules
to determine their economic impact on small entities, which include
small businesses, organizations, and governmental jurisdictions.
Section 610 requires government agencies to periodically review all
regulations that will have a significant economic impact on a
substantial number of small entities (SEISNOSE).
In complying with this section, the Federal Transit
Administration (FTA) has elected to use the two-step, two-year
process used by most Department of Transportation (DOT) modes. As
such, FTA has divided its rules into 10 groups as displayed in the
table below. During the analysis year, the listed rules will be
analyzed to identify those with a SEISNOSE. During the review year,
each rule identified in the analysis year as having a SEISNOSE will
be reviewed in accordance with section 610(b) to determine if it
should be continued without change or changed to minimize the impact
on small entities.
------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 49 CFR parts 2018 2019
604, 605, and
624.
2..................... 49 CFR parts 609 2019 2020
and 640.
3..................... 49 CFR part 633. 2020 2021
4..................... 49 CFR part 611. 2021 2022
5..................... 49 CFR part 655. 2022 2023
6..................... 49 CFR parts 602 2023 2024
and 614.
7..................... 49 CFR parts 661 2024 2025
and 663.
8..................... 49 CFR parts 2025 2026
625, 630, and
665.
9..................... 49 CFR parts 2026 2027
613, 622, 670
and 674.
10.................... 49 CFR parts 2027 2028
650, 672 and
673.
------------------------------------------------------------------------
[[Page 11267]]
Year 4 (2021) 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 611 and determined that it would not result in a SEISNOSE
within the meaning of the RFA. The regulation implements the
statutorily required process that applicants must follow to be
considered eligible for fixed guideway capital investment grants.
General: No changes are needed. FTA is currently
updating its capital investment grant policy guidance pursuant to 49
U.S.C. 5309(g)(5).
Year 5 (2022) List of Rules To Be Analyzed This Year
49 CFR part 655--Prevention of Alcohol Misuse and Prohibited Drug
Use in Transit Operations
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 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
[[Page 11268]]
------------------------------------------------------------------------
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 4 (Fall 2022) List of Rules Analyzed and a Summary of Results
49 CFR part 171--General Information, Regulations, Definitions
49 CFR 171.15--Immediate notice of certain hazardous materials
incidents
49 CFR 171.16--Detailed hazardous materials incident reports
Section 610: PHMSA conducted a review of this part and
these sections and found no SEISNOSE.
General: PHMSA's plain language review of these areas
indicate no need for substantial revision. These regulations provide
necessary/clear guidance to stakeholders on the applicability of the
hazardous materials regulations, use of international transport
standards, and PHMSA's incident reporting requirements--among other
provisions. The regulations are written consistent with plain
language guidelines, are cost effective, and impose the least
economic burden to the industry.
For an 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 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 clarified 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 were 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 an 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 5 (Fall 2023) List of Rules That Will Be Analyzed During the Next
Year
49 CFR parts 106, 107, 171, 190, and 195
Great Lakes Saint Lawrence Seaway Development Corporation
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... * 33 CFR parts 2018 2019
401 through 403.
------------------------------------------------------------------------
* The review for these regulations is recurring each year of the 10-year
review cycle (currently 2018 through 2027).
Year 1 (Fall 2018) List of Rules That Will Be Analyzed During the Next
Year
33 CFR part 401--Seaway Regulations and Rules
33 CFR part 402--Tariff of Tolls
33 CFR part 403--Rules of Procedure of the Joint Tolls Review Board
BILLING CODE 4910-81-P
Office of the Secretary--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
374....................... ++A Refunding Airline 2105-AF04
Tickets and Fees for
Delayed Checked Bags and
Ancillary Services That
are not Provided.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
[[Page 11269]]
Office of the Secretary--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
375....................... +Air Transportation 2105-AE57
Consumer Protection
Requirements for Ticket
Agents (Section 610
Review).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Office of the Secretary--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
376....................... Refunding Fees for Delayed 2105-AE53
Checked Bags and Unused
Ancillary Services.
------------------------------------------------------------------------
Federal Aviation Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
377....................... +Airport Safety Management 2120-AJ38
System.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Aviation Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
378....................... +Regulation Of Flight 2120-AJ78
Operations Conducted By
Alaska Guide Pilots.
379....................... +Drug and Alcohol Testing 2120-AK09
of Certain Maintenance
Provider Employees
Located Outside of the
United States.
380....................... +Applying the Flight, 2120-AK26
Duty, and Rest
Requirements to Ferry
Flights That Follow
Commuter or On-Demand
Operations (FAA
Reauthorization).
381....................... +Aircraft Registration and 2120-AK37
Airmen Certification Fees.
382....................... +Helicopter Air Ambulance 2120-AK57
Pilot Training and
Operational Requirements
(HAA II) (FAA
Reauthorization).
383....................... Requirements to File 2120-AK77
Notice of Construction of
Meteorological Evaluation
Towers and Other
Renewable Energy Projects
(Section 610 Review)
(Section 610 Review).
384....................... +Registration and Marking 2120-AK82
Requirements for Small
Unmanned Aircraft.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Motor Carrier Safety Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
385....................... Self-Insurance Program 2126-AC58
Cost Recovery (Section
610 Review).
386....................... Parts and Accessories 2126-AC59
Necessary for Safe
Operation; Electronic
Stability Control
(Section 610 Review).
------------------------------------------------------------------------
Federal Motor Carrier Safety Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
387....................... +Safety Monitoring System 2126-AA35
and Compliance Initiative
for Mexico-Domiciled
Motor Carriers Operating
in the United States.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Railroad Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
388....................... +Train Crew Staffing 2130-AC88
(Section 610 Review) (Reg
Plan Seq No. 153).
------------------------------------------------------------------------
+ DOT-designated significant regulation. References in boldface appear
in The Regulatory Plan in part II of this issue of the Federal
Register.
[[Page 11270]]
Federal Railroad Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
389....................... Risk Reduction Program 2130-AC89
(Section 610 Review).
------------------------------------------------------------------------
Saint Lawrence Seaway Development Corporation--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
390....................... Seaway Regulations and 2135-AA51
Rules: Periodic Update,
Various Categories
(Rulemaking Resulting
From a Section 610
Review).
391....................... Tariff of Tolls 2135-AA52
(Rulemaking Resulting
From a Section 610
Review).
392....................... Seaway Regulations and 2135-AA53
Rules: Periodic Update,
Various Categories
(Rulemaking Resulting
From a Section 610
Review).
393....................... Tariff of Tolls 2135-AA54
(Rulemaking Resulting
From a Section 610
Review).
------------------------------------------------------------------------
Pipeline and Hazardous Materials Safety Administration--Proposed Rule
Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
394....................... +Pipeline Safety: Gas 2137-AF51
Pipeline Leak Detection
and Repair.
395....................... +Pipeline Safety: Pipeline 2137-AF52
Operational Status.
396....................... +Pipeline Safety: Safety 2137-AF53
of Gas Distribution
Pipelines and Other
Pipeline Safety
Initiatives.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Pipeline and Hazardous Materials Safety Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
397....................... +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--Completed
Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
398....................... +Pipeline Safety: 2137-AF06
Amendments to Parts 192
and 195 to require Valve
installation and Minimum
Rupture Detection
Standards.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
DEPARTMENT OF TRANSPORTATION (DOT)
Office of the Secretary (OST)
Proposed Rule Stage
374. ++A Refunding Airline Tickets and Fees for Delayed Checked Bags
and Ancillary Services That Are Not Provided [2105-AF04]
Legal Authority: 49 U.S.C. 41712; 49 U.S.C. 40101, 49 U.S.C. 41702
Abstract: The Department of Transportation has consistently
interpreted 49 U.S.C. 41712, which prohibits U.S. air carriers, foreign
air carriers, and ticket agents from engaging in unfair practices in
the sale of air transportation, to require carriers and ticket agents
to provide requested refunds to passengers when a carrier cancels or
significantly changes a flight to, from, or within the United States.
This rulemaking would clarify that, under the Department's rule
requiring airlines to provide prompt refunds when ticket refunds are
due and its rule requiring ticket agents to make refunds promptly when
service cannot be performed as contracted, carriers and ticket agents
must provide prompt ticket refunds to passengers when a carrier cancels
or makes a significant change to a flight. This rulemaking would define
cancellation and significant change, including addressing whether new
itineraries involving delays of a certain length or additional stops
constitute a significant change requiring a refund. This rulemaking
would also address protections for consumers who are unable to travel
due to government restrictions. In addition, the rulemaking under RIN
2105-AE53 has been merged into this rulemaking. As such, this
rulemaking would also require airlines to refund checked baggage fees
when they fail to deliver the bags in a timely manner as provided by
the FAA Extension, Safety and Security Act of 2016, and require
airlines to promptly provide a refund to a passenger of any ancillary
fees paid for services that the passenger did not receive as provided
by the FAA Reauthorization Act of 2018.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/22/22 87 FR 51550
NPRM Comment Period End............. 12/00/22 .......................
[[Page 11271]]
Final Rule.......................... 11/00/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Blane A. Workie, Assistant General Counsel,
Department of Transportation, Office of the Secretary, 1200 New Jersey
Avenue SE, Washington, DC 20590, Phone: 202 366-9342, Fax: 202 366-
7153, Email: [email protected].
RIN: 2105-AF04
DEPARTMENT OF TRANSPORTATION (DOT)
Office of the Secretary (OST)
Long-Term Actions
375. +Air Transportation Consumer Protection Requirements for Ticket
Agents (Section 610 Review) [2105-AE57]
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)
Office of the Secretary (OST)
Completed Actions
376. Refunding Fees for Delayed Checked Bags and Unused Ancillary
Services [2105-AE53]
Legal Authority: Pub. L. 115-254; Pub. L. 114-190
Abstract: The Department of Transportation (DOT or Department)
would require airlines to refund checked baggage fees when they fail to
deliver the bags in a timely manner as provided by the FAA Extension,
Safety and Security Act of 2016. The Department would also require
airlines to promptly provide a refund to a passenger of any ancillary
fees paid for services that the passenger did not receive as provided
by the FAA Reauthorization Act of 2018. This rulemaking has been merged
with the rulemaking under RIN 2105-AF04. As such, a combined final rule
will be issued under RIN 2105-AF04 to address the matters proposed in
this rulemaking.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 10/31/16 81 FR 75347
ANPRM Comment Period End............ 11/30/16 .......................
NPRM................................ 07/21/21 86 FR 38420
NPRM Comment Period End............. 09/20/21 .......................
Terminated.......................... 10/26/22 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Blane A. Workie, Assistant General Counsel,
Department of Transportation, Office of the Secretary, 1200 New Jersey
Avenue SE, Washington, DC 20590, Phone: 202 366-9342, Fax: 202 366-
7153, Email: [email protected].
RIN: 2105-AE53
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Final Rule Stage
377. +Airport Safety Management System [2120-AJ38]
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 .......................
Final Rule.......................... 12/00/22 .......................
------------------------------------------------------------------------
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
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Long-Term Actions
378. +Regulation of Flight Operations Conducted by Alaska Guide Pilots
[2120-AJ78]
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
[[Page 11272]]
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
379. +Drug and Alcohol Testing of Certain Maintenance Provider
Employees Located Outside of the United States [2120-AK09]
Legal Authority: 14 CFR; 49 U.S.C. 106(g); 49 U.S.C. 40113; 49
U.S.C. 44701; 49 U.S.C. 44702; 49 U.S.C. 44707; 49 U.S.C. 44709; 49
U.S.C. 44717
Abstract: This rulemaking would require controlled substance
testing of some employees working in repair stations located outside
the United States. The intended effect is to increase participation by
companies outside of the United States in testing of employees who
perform safety critical functions and testing standards similar to
those used in the repair stations located in the United States. This
action is necessary to increase the level of safety of the flying
public. This rulemaking is a statutory mandate under section 308(d) of
the FAA Modernization and Reform Act of 2012 (Pub. L. 112-95).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 03/17/14 79 FR 14621
Comment Period Extended............. 05/01/14 79 FR 24631
ANPRM Comment Period End............ 05/16/14 .......................
Comment Period End.................. 07/17/14 .......................
Next Action Undetermined............ ......... .......................
------------------------------------------------------------------------
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
380. +Applying the Flight, Duty, and Rest Requirements to Ferry Flights
That Follow Commuter or On-Demand Operations (FAA Reauthorization)
[2120-AK26]
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: Next Action Undetermined.
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
381. +Aircraft Registration and Airmen Certification Fees [2120-AK37]
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.
Abstract: This rulemaking would establish fees for airman
certificates, medical certificates, and provision of legal opinions
pertaining to aircraft registration or recordation. This rulemaking
also would revise existing fees for aircraft registration, recording of
security interests in aircraft or aircraft parts, and replacement of an
airman certificate. This rulemaking addresses provisions of the FAA
Modernization and Reform Act of 2012. This rulemaking is intended to
recover the estimated costs of the various services and activities for
which fees would be established or revised.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ To Be Determined
------------------------------------------------------------------------
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
382. +Helicopter Air Ambulance Pilot Training and Operational
Requirements (HAA II) (FAA Reauthorization) [2120-AK57]
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)
[[Page 11273]]
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, 800 Independence Ave. SW, Washington,
DC 20591, Phone: 202-267-4552, Email: [email protected].
RIN: 2120-AK57
383. Requirements To File Notice of Construction of Meteorological
Evaluation Towers and Other Renewable Energy Projects (Section 610
Review) (Section 610 Review) [2120-AK77]
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: Next Action Undetermined.
Regulatory Flexibility Analysis Required: No.
Agency Contact: Brian Konie, Air Traffic Service, Department of
Transportation, Federal Aviation Administration, 800 Independence
Avenue SW, Washington, DC 20591, Phone: 202 267-8783, Email:
[email protected].
RIN: 2120-AK77
384. +Registration and Marking Requirements for Small Unmanned Aircraft
[2120-AK82]
Legal Authority: 49 U.S.C. 106(f), 49 U.S.C. 41703, 44101-44106,
44110-44113, and 44701
Abstract: This rulemaking would provide an alternative, streamlined
and simple, web-based aircraft registration process for the
registration of small, unmanned aircraft, including small unmanned
aircraft operated exclusively for limited recreational operations, to
facilitate compliance with the statutory requirement that all aircraft
register prior to operation. It would also provide a simpler method for
marking small, unmanned aircraft that is more appropriate for these
aircraft. This action responds to public comments received regarding
the proposed registration process in the Operation and Certification of
Small Unmanned Aircraft notice of proposed rulemaking, the request for
information regarding unmanned aircraft system registration, and the
recommendations from the Unmanned Aircraft System Registration Task
Force.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 12/16/15 80 FR 78593
Interim Final Rule Effective........ 12/21/15 .......................
OMB approval of information 12/21/15 80 FR 79255
collection.
Interim Final Rule Comment Period 01/15/16 .......................
End.
Final Rule.......................... 02/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Bonnie Lefko, Department of Transportation, Federal
Aviation Administration, 6500 S MacArthur Boulevard, Registry Building
26, Room 118, Oklahoma City, OK 73169, Phone: 866 762-9434, Email:
[email protected].
RIN: 2120-AK82
BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Motor Carrier Safety Administration (FMCSA)
Proposed Rule Stage
385. Self-Insurance Program Cost Recovery (Section 610 Review) [2126-
AC58]
Legal Authority: 31 U.S.C. 9701 and 49 U.S.C. 13906(d); 49 U.S.C.
13908(d)
Abstract: FMCSA will propose to amend fees collected for the
processing of new self-insurance applications and add new fees for
ongoing monitoring of carrier compliance with the self-insurance
program requirements. Application fees will be directed to FMCSA's
Licensing and Insurance (L&I) Account while monitoring fees must be
sent to the Treasury. This rulemaking will amend 49 CFR 360.3T/360.3 to
ensure that the limited number of primarily large motor carriers that
benefit from the program bear a proportionate cost of participating in
the program. FMCSA may also need to amend 49 CFR 360.5T/360.5 to
reflect any specific updates to the user fee methodology that are
required by this rulemaking.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/00/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Kenneth Riddle, Office Director, Department of
Transportation, Federal Motor Carrier Safety Administration, 1200 New
Jersey Avenue SE, W65-308, Washington, DC 20590, Phone: 202 366-9616,
Email: [email protected].
RIN: 2126-AC58
386. Parts and Accessories Necessary for Safe Operation;
Electronic Stability Control (Section 610 Review) [2126-AC59]
Legal Authority: Not Yet Determined
Abstract: Federal Motor Carrier Safety Administration (FMCSA) would
cross-reference the National Highway Traffic Safety Administration's
(NHTSA) requirements for original equipment manufacturers to install
electronic stability control (ESC) on new vehicles and require
interstate motor carriers to maintain the systems on commercial motor
vehicles (CMVs).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/22 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Agency Contact: Sarah Stella, Department of Transportation, Federal
Motor Carrier Safety Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590, Phone: 202 366-0192, Email: [email protected].
RIN: 2126-AC59
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Motor Carrier Safety Administration (FMCSA)
Long-Term Actions
387. +Safety Monitoring System and Compliance Initiative for Mexico-
Domiciled Motor Carriers Operating in the United States [2126-AA35]
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
[[Page 11274]]
Certificate of Registration or provisional authority to operate in the
United States. It also would establish suspension and revocation
procedures for provisional Certificates of Registration and operating
authority, and incorporate criteria to be used by FMCSA in evaluating
whether Mexico-domiciled carriers exercise basic safety management
controls. The interim rule included requirements that were not proposed
in the NPRM but which are necessary to comply with the FY-2002 DOT
Appropriations Act. On January 16, 2003, the Ninth Circuit Court of
Appeals remanded this rule, along with two other NAFTA-related rules,
to the agency, requiring a full environmental impact statement and an
analysis required by the Clean Air Act. On June 7, 2004, the Supreme
Court reversed the Ninth Circuit and remanded the case, holding that
FMCSA is not required to prepare the environmental documents. FMCSA
originally planned to publish a final rule by November 28, 2003.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/03/01 66 FR 22415
NPRM Comment Period End............. 07/02/01 .......................
Interim Final Rule.................. 03/19/02 67 FR 12758
Interim Final Rule Comment Period 04/18/02 .......................
End.
Interim Final Rule Effective........ 05/03/02 .......................
Notice of Intent to Prepare an EIS.. 08/26/03 68 FR 51322
EIS Public Scoping Meetings......... 10/08/03 68 FR 58162
Next Action Undetermined............ ......... .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Sarah Stella, Department of Transportation, Federal
Motor Carrier Safety Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590, Phone: 202 366-0192, Email: [email protected].
RIN: 2126-AA35
BILLING CODE 4910-EX-P
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Railroad Administration (FRA)
Proposed Rule Stage
388. +Train Crew Staffing (Section 610 Review) [2130-AC88]
Regulatory Plan: This entry is Seq. No. 153 in part II of this
issue of the Federal Register.
RIN: 2130-AC88
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Railroad Administration (FRA)
Final Rule Stage
389. Risk Reduction Program (Section 610 Review) [2130-AC89]
Legal Authority: 49 U.S.C. 20103; 49 U.S.C. 20156
Abstract: FRA published the Risk Reduction Program (RRP) final rule
on February 18, 2020, as required by 49 U.S.C. 20156. The RRP final
rule established regulations at 49 CFR part 271, requiring Class I
freight railroads and Class II and III freight railroads that
demonstrate inadequate safety performance to develop and implement an
RRP to improve the safety of their operations. This NPRM would address
a procedural issue raised in an Association of American Railroads (AAR)
petition to remove 49 CFR 271.3(c), which states that employees of
railroad contractors that perform a ``Significant portion of a
railroad's operation'' are considered the railroad's ``directly
affected employees'' for purposes of the RRP rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/08/22 87 FR 54938
NPRM Comment Period End............. 11/07/22 .......................
Final Rule.......................... 05/00/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Amanda Maizel, Attorney Adviser, Department of
Transportation, Federal Railroad Administration, 1200 New Jersey Avenue
SE, Washington, DC 20590, Phone: 202 493-8014, Email:
[email protected].
RIN: 2130-AC89
BILLING CODE 4910-06-P
DEPARTMENT OF TRANSPORTATION (DOT)
Saint Lawrence Seaway Development Corporation (SLSDC)
Final Rule Stage
390. Seaway Regulations and Rules: Periodic Update, Various Categories
(Rulemaking Resulting From a Section 610 Review) [2135-AA51]
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
------------------------------------------------------------------------
Final Rule.......................... 12/00/22 .......................
------------------------------------------------------------------------
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-AA51
391. Tariff of Tolls (Rulemaking Resulting From a Section 610 Review)
[2135-AA52]
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
------------------------------------------------------------------------
Final Rule.......................... 12/00/22 .......................
------------------------------------------------------------------------
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
392. Seaway Regulations and Rules: Periodic Update, Various
Categories (Rulemaking Resulting From a Section 610 Review) [2135-AA53]
Legal Authority: 33 U.S.C. 981 et seq.
Abstract: The Great Lakes St. Lawrence Seaway Development
[[Page 11275]]
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
------------------------------------------------------------------------
Final Rule.......................... 12/00/22 .......................
------------------------------------------------------------------------
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-AA53
393. Tariff of Tolls (Rulemaking Resulting From a Section 610
Review) [2135-AA54]
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
------------------------------------------------------------------------
Final Rule.......................... 12/00/22 .......................
------------------------------------------------------------------------
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-AA54
BILLING CODE 4910-61-P
DEPARTMENT OF TRANSPORTATION (DOT)
Pipeline and Hazardous Materials Safety Administration (PHMSA)
Proposed Rule Stage
394. +Pipeline Safety: Gas Pipeline Leak Detection and Repair [2137-
AF51]
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................................ 03/00/23 .......................
------------------------------------------------------------------------
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:
[email protected].
RIN: 2137-AF51
395. +Pipeline Safety: Pipeline Operational Status [2137-AF52]
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................................ 11/00/23 .......................
------------------------------------------------------------------------
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:
[email protected].
RIN: 2137-AF52
396. +Pipeline Safety: Safety of Gas Distribution Pipelines and Other
Pipeline Safety Initiatives [2137-AF53]
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................................ 05/00/23 .......................
------------------------------------------------------------------------
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 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
397. +Hazardous Materials: Enhanced Safety Provisions for Lithium
Batteries Transported by Aircraft (FAA Reauthorization Act of 2018)
[2137-AF20]
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
[[Page 11276]]
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 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.......................... 01/00/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Eugenio Cardez, Transportation Regulations
Specialist, Department of Transportation, Pipeline and Hazardous
Materials Safety Administration, 1200 New Jersey Avenue SE, Washington,
DC 20590, Phone: 202 366-8553, Email: [email protected].
RIN: 2137-AF20
DEPARTMENT OF TRANSPORTATION (DOT)
Pipeline and Hazardous Materials Safety Administration (PHMSA)
Completed Actions
398. +Pipeline Safety: Amendments to Parts 192 and 195 To Require Valve
Installation and Minimum Rupture Detection Standards [2137-AF06]
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:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/06/20 85 FR 7162
NPRM Comment Period End............. 04/06/20 .......................
Final Rule.......................... 04/08/22 87 FR 20940
Final Rule Effective................ 10/05/22 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Robert Jagger, Technical Writer, Department of
Transportation, Pipeline and Hazardous Materials Safety Administration,
1200 New Jersey Avenue SE, Washington, DC 20590, Phone: 202 366-4595,
Email: [email protected].
RIN: 2137-AF06
[FR Doc. 2023-02031 Filed 2-21-23; 8:45 am]
BILLING CODE 4910-60-P
