Department Regulatory and Deregulatory Agenda; Semiannual Summary, 9608-9624 [2024-00449]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Chs. I–III
23 CFR Chs. I–III
33 CFR Chs. I and IV
46 CFR Chs. I–III
48 CFR Ch. 12
Request for Comments
49 CFR Subtitle A, Chs. I–VI, and Chs.
X–XII
General
[DOT–OST–1999–5129]
DOT’s Regulatory 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
Regulatory Agenda easier to use. We
would like you, the public, to make
suggestions or comments on how the
Regulatory Agenda could be further
improved.
Department Regulatory and
Deregulatory Agenda; Semiannual
Summary
Office of the Secretary,
Department of Transportation.
ACTION: Unified Agenda of Federal
Regulatory and Deregulatory Actions
(Regulatory Agenda).
AGENCY:
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information contained in the Regulatory
Agenda should enable the public to be
aware of the Department’s planned
regulatory activities 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 Regulatory Agenda.
Regulatory action, in addition to the
items listed, is not precluded.
The Regulatory Agenda is a
semiannual summary of all current and
projected rulemakings, reviews of
existing regulations, and completed
rulemaking actions of the Department of
Transportation (DOT). The Regulatory
Agenda provides the public with
information about DOT’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 Regulatory Agenda.
FOR FURTHER INFORMATION CONTACT:
Please direct all comments and inquiries
on the Regulatory Agenda to Daniel
Cohen, Assistant General Counsel for
Regulation and Legislation, Office of the
General Counsel, Department of
Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590;
(202) 366–4702.
To obtain a copy of a specific
regulatory document in the Regulatory
Agenda, you should communicate
directly with the contact person listed
with the regulation. We note that most
such documents, including the
Semiannual Regulatory Agenda, are
available through the internet at https://
www.regulations.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Regulatory Flexibility Act
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. The
The Department 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
Regulatory Agenda, each operating
administration will publish the results
of the analyses it has completed during
the previous year. The most recent
results appeared in the Department’s
2022 Fall Regulatory Agenda Preamble,
which was published in the Federal
Register on February 22, 2023. 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.
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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.
Subash Iyer,
Acting General Counsel, Department of
Transportation.
Appendix A—Review Plans for Section
610 and Other Requirements
Part I—The Plan
General
The Department of Transportation has
responsibilities under section 610 of the
Regulatory Flexibility Act and subsequent
executive orders to conduct reviews of its
existing regulations. 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.
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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
publication annually of the fall 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?
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
Year
2 ........................
3 ........................
4 ........................
5 ........................
6 ........................
7 ........................
8 ........................
9 ........................
10 ......................
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part of another unrelated review of the rule.
In such a case, we plan to clearly indicate
which parts of the review are being
conducted under section 610.
Other Reviews
The agency will also examine the specified
rules to determine whether any other reasons
exist for revising or revoking the rule or for
rewriting the rule in plain language. In each
Fall Agenda, the agency will also publish
information on the results of the
examinations completed during the previous
year.
Part III—List of Pending Section 610
Reviews
The Agenda identifies the pending DOT
section 610 Reviews by inserting ‘‘(Section
610 Review)’’ after the title for the specific
entry. For further information on the pending
reviews, see the Agenda entries at
www.reginfo.gov. For example, to obtain a list
of all entries that are in section 610 Reviews
under the Regulatory Flexibility Act, a user
would select the desired responses on the
search screen (by selecting ‘‘advanced
search’’) and, in effect, generate the desired
‘‘index’’ of reviews.
Office of the Secretary
Section 610 and Other Reviews
Regulations to be reviewed
1 ........................
49
14
48
48
14
14
14
14
14
14
49
49
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
Analysis year
parts 91 through 99 ....................................................................................................
parts 200 through 212 ................................................................................................
parts 1201 through 1224 ............................................................................................
parts 1227 through 1253 and new parts and subparts ..............................................
parts 213 through 232 ................................................................................................
parts 234 through 254 ................................................................................................
parts 255 through 298 and 49 CFR part 40 ...............................................................
parts 300 through 373 ................................................................................................
parts 374 through 398 ................................................................................................
part 399 and 49 CFR parts 1 through 15 ...................................................................
parts 17 through 28 ....................................................................................................
parts 29 through 39 and parts 41 through 89 ............................................................
Year 10 (Fall 2018) List of Rules Analyzed
and Summary of Results
49 CFR part 30—Denial of Public Works
Contracts to Suppliers of Goods and
Services of Countries that Deny
Procurement Market Access to U.S.
Contractors
• 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.
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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
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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 Other Amendments’’ (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
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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
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.
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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: In considering ways to
minimize the SEISNOSE for Part 39, DOT
plans to explore whether to modify the
definition of ‘‘service animal’’ in 49 CFR
39.3. The current definition 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). Under DOJ
regulations at 28 CFR 35.136(i), reasonable
modifications in policy and practices must
also be made where necessary to
accommodate miniature horses as service
animals. In contrast, the passenger vessel
industry operating under Part 39 remains
subject to requirements for accommodating
unusual service animals, such as reptiles and
primates. Updating the definition of ‘‘service
animal’’ under 49 CFR 39.3 would ensure
consistency across Federal regulations and
remove the confusion that results for
individuals with service animals when
different standards apply to different public
facilities and modes of transportation. OST
has already determined to consider updates
to the ‘‘service animal’’ definition contained
in 49 CFR 37.3 (Part 37 governs
Transportation Services for Individuals with
Disabilities (ADA)) for the aforementioned
reasons and is in the process of developing
a rulemaking on that issue titled:
‘‘Transportation for Individuals with
Disabilities; Service Animals and Technical
Corrections’’ (RIN 2105–AF08).
As a result, OST will consider whether to
conduct a rulemaking to bring this regulation
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into compliance with the statutory
requirements and to bring consistency to the
regulatory regime governing different modes
of transportation. OST’s plain language
review of this regulation indicates no need
for substantial revision.
In addition to the above considerations,
DOT notes 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 has initiated 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.
49 CFR part 92—Recovering Debts to the
United States by Salary Offset
• Section 610: OST conducted a Section
610 review of this part and found no
SEISNOSE.
• General: These regulations are cost
effective and impose the least burden. OST’s
plain language review of these rules indicates
no need for substantial revision. Since the
rule was enacted, however, the DOT
Operating Administrations have changed. As
a result, DOT will consider a rulemaking to
update the agencies listed at 49 CFR 92.5(g)—
Definitions 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 consider a rulemaking to make
these revisions. These regulations are cost
effective and impose the least burden. OST’s
plain language review of these rules
indicated no need for substantial revision.
49 CFR part 98—Enforcement of Restrictions
on Post-Employment Activities
• Section 610: OST conducted a Section
610 review of this part and found no
SEISNOSE.
• General: These regulations are cost
effective and impose the least burden. OST’s
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plain language review of these rules indicates
no need for substantial revision. Since the
rule was enacted, the U.S. Department of
Transportation’s organizational structure
changed, and as a result DOT will consider
updating the list of DOT Operating
Administrations (OAs) listed in 49 CFR 98.2
to reflect the current listing of DOT OAs in
49 CFR 89.2(a), as follows: (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 change would be considered
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.
48 CFR parts 1201–1224
• Section 610: OST has reviewed the
regulations at 48 CFR parts 1201–1224 and
found no SEISNOSE.
• General: OST determined that updates
were needed to the regulations at 48 CFR
parts 1201–1224. The regulations were
updated as part of RIN 2105–AE26 (Revisions
to the Transportation Acquisition
Regulations) The final rule published on
October 7, 2022.
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
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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 1 (Fall 2018) List of Rules That Are
Under Ongoing Analysis
49 CFR part 93—Aircraft Allocation
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
Year 2 (Fall 2019) List of Rules Analyzed and
Summary of Results
48 CFR parts 1227 through 1253 and new
parts and subparts
• Section 610: OST has reviewed the
regulations at 48 CFR parts 1227–1253 and
found no SEISNOSE.
• General: OST determined that updates
were needed to the regulations at 48 CFR
parts 1227–1253. The regulations were
updated as part of RIN 2105–AE26 (Revisions
to the Transportation Acquisition
Regulations) The final rule published on
October 7, 2022.
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
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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
Year 3 (Fall 2020) List of Rules Analyzed and
Summary of Results
14 CFR parts 213 through 232
14 CFR 213—Terms, Conditions and
Limitations of Foreign Air Carrier Permits
Section 610: OST conducted a Section 610
review of this part and found no SEISNOSE.
General: No changes are needed. These
regulations are cost effective and impose the
least burden.
14 CFR 214—Terms, Conditions, and
Limitations for Foreign Air Carrier Permits
Authorizing Charter Transportation Only
• Section 610: OST conducted a Section
610 review of this part and found no
SEISNOSE.
• General: No changes are needed. These
regulations are cost effective and impose the
least burden.
14 CFR 215—Use and Change of Names of
Air Carriers, Foreign Air Carriers and
Commuter Air Carriers
Section 610: OST conducted a Section 610
review of this part and found no SEISNOSE.
General: No changes are needed. These
regulations are cost effective and impose the
least burden.
14 CFR 216—Commingling of Blind Sector
Traffic by Foreign Air Carriers
Section 610: OST conducted a Section 610
review of this part and found no SEISNOSE.
General: No changes are needed. These
regulations are cost effective and impose the
least burden.
14 CFR 218—Lease by Foreign Air Carrier or
Other Foreign Person of Aircraft with Crew
Section 610: OST conducted a Section 610
review of this part and found no SEISNOSE.
General: No changes are needed. These
regulations are cost effective and impose the
least burden.
14 CFR 221—TARIFFS
Section 610: OST conducted a Section 610
review of this part and found no SEISNOSE.
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.
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Year 6 (Fall 2024) List of Rules That Will Be
Analyzed During the Next Year
14 CFR part 300—RULES OF CONDUCT IN
DOT PROCEEDING UNDER THIS
CHAPTER
14 CFR part 302—RULES OF PRACTICE IN
PROCEEDINGS
• Section 610 (Subpart D): 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 (Subpart D): 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. Rule was
updated in 2019.
14 CFR part 303—REVIEW OF AIR CARRIER
AGREEMENTS
14 CFR part 305—RULES OF PRACTICE IN
INFORMAL NONPUBLIC
INVESTIGATIONS
• 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. Rule was updated in 2019.
14 CFR part 313—IMPLEMENTATION OF
THE ENERGY POLICY AND
CONSERVATION ACT
14 CFR part 323—TERMINATIONS,
SUSPENSIONS, AND REDUCTIONS
14 CFR part 325—ESSENTIAL AIR SERVICE
PROCEDURES
14 CFR part 330—PROCEDURES FOR
COMPENSATION OF AIR CARRIERS
14 CFR part 372—OVERSEAS MILITARY
PERSONNEL CHARTERS
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.
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Year
Regulations to be reviewed
1 ........................
2 ........................
3 ........................
4 ........................
5 ........................
6 ........................
7 ........................
8 ........................
9 ........................
10 ......................
14
14
14
14
14
14
14
14
14
14
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
parts
parts
parts
parts
parts
parts
parts
parts
parts
parts
141 through 147 and parts 170 through 187 ....................................................
189 through 198 and parts 1 through 16 ..........................................................
17 through 33 ....................................................................................................
34 through 39 and parts 400 through 405 ........................................................
43 through 49 and parts 406 through 415 ........................................................
60 through 77 ....................................................................................................
91 through 107 ..................................................................................................
417 through 460 ................................................................................................
119 through 129 and parts 150 through 156 ....................................................
133 through 139 and parts 157 through 169 ....................................................
Defining SEISNOSE for FAA Regulations
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 34
through 39, and parts 400 through 405.
2. Identification and analysis of all
amendments to parts 34 through 39, and
parts 400 through 405 since 2013 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 1 (Fall 2023) List of Rules Analyzed and
Summary of Results
14 CFR part 34—Fuel Venting and Exhaust
Emission Requirements for Turbine Engine
Powered Airplanes
Section 610: The agency conducted a
Section 610 Review of this part and
determined no amendments to 14 CFR part
34 promulgated since January 2013 has or
will have a SEISNOSE.
ddrumheller on DSK120RN23PROD with PROPOSALS13
Analysis year
General: No changes are needed. These
regulations are cost effective and impose the
least burden.
14 CFR part 35—Airworthiness Standards:
Propellers
Section 610: The agency conducted a
Section 610 Review of this part and
determined no amendments to 14 CFR part
35 promulgated since January 2013 has or
will have a SEISNOSE.
General: No changes are needed. These
regulations are cost effective and impose the
least burden.
14 CFR part 36—Noise Standards: Aircraft
Type and Airworthiness Certification
Section 610: The agency conducted a
Section 610 Review of this part and
determined no amendments to 14 CFR part
36 promulgated since January 2013 has or
will have a SEISNOSE.
General: No changes are needed.
14 CFR part 39—Airworthiness Directives
Section 610: The agency conducted a
Section 610 Review of this part and
determined no amendments to 14 CFR part
39 promulgated since January 2013 has or
will have a SEISNOSE.
General: No changes are needed. These
regulations are cost effective and impose the
least burden.
14 CFR part 400—Basis and Scope
Section 610: The agency conducted a
Section 610 Review of this part and
determined no amendments to 14 CFR part
400 promulgated since January 2013 has or
will have a SEISNOSE.
General: No changes are needed. These
regulations are cost effective and impose the
least burden.
14 CFR part 401—Organization and
Definitions
Section 610: The agency conducted a
Section 610 Review of this part and
Section 610 and Other Reviews
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 ...........................................................................................................
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2022
2023
2024
2025
2026
2027
2028
2029
2030
Federal Highway Administration
Regulations to be reviewed
21:05 Feb 08, 2024
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
determined no amendments to 14 CFR part
401 promulgated since January 2013 has or
will have a SEISNOSE.
General: No changes are needed.
14 CFR part 404—Petition and Rulemaking
Procedures
Section 610: The agency conducted a
Section 610 Review of this part and
determined no amendments to 14 CFR part
404 promulgated since January 2013 has or
will have a SEISNOSE.
General: No changes are needed.
14 CFR part 405—Compliance and
Enforcement
Section 610: The agency conducted a
Section 610 Review of this part and
determined no amendments to 14 CFR part
405 promulgated since January 2013 has or
will have a SEISNOSE.
General: No changes are needed.
Year 2 (2024) List of Rules To Be Analyzed
the Next Year
14 CFR parts 43 through 49 and parts 406
through 415
14 CFR part 43—Maintenance, Preventive
Maintenance, Rebuilding, and Alteration
14 CFR part 45—Identification and
Registration Marking
14 CFR part 47—Aircraft Registration
14 CFR part 48—Registration and Marking
Requirements for Small Unmanned
Aircraft
14 CFR part 49—Recording of Aircraft Titles
and Security Documents
14 CFR part 406—Investigations,
Enforcement, and Administrative Review
14 CFR part 413—License Application
Procedures
14 CFR part 414—Safety Element Approvals
14 CFR part 415—Launch License
Year
VerDate Sep<11>2014
Review year
Analysis year
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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. 89, No. 28 / Friday, February 9, 2024 / UA: Reg Flex Agenda
Federal-Aid Highway Program
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
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 5 (Fall 2022) List of Rules Analyzed and
a Summary of the Results
23 CFR part 620—Engineering
• Section 610: No SEISNOSE. No small
entities are affected.
• General: No changes are needed for
purposes of the Regulatory Flexibility Act.
FHWA’s plain language review of the
regulations indicates no need for substantial
revision.
23 CFR part 625—Design Standards for
Highways
• Section 610: No SEISNOSE. No small
entities are affected.
• General: No changes are needed for
purposes of the Regulatory Flexibility Act.
FHWA recently updated aspects of the part
625 regulations under RIN 2125–AF88 (87 FR
32, (January 3, 2022)). FHWA’s plain
language review of the regulations indicates
no need for substantial revision.
23 CFR part 626—Pavement Policy
Year
ddrumheller on DSK120RN23PROD with PROPOSALS13
language review of the regulations indicates
no need for substantial revision.
23 CFR part 636—Design-build Contracting
• Section 610: No SEISNOSE. No small
entities are affected.
• General: No changes are needed for
purposes of the Regulatory Flexibility Act.
FHWA’s plain language review of the
regulations indicates no need for substantial
revision.
23 CFR part 637—Construction Inspection
and Approval
• Section 610: No SEISNOSE. No small
entities are affected.
• General: No changes are needed for
purposes of the Regulatory Flexibility Act.
FHWA’s plain language review of the
regulations indicates no need for substantial
revision.
Year 6 (Fall 2023) List of Rules That Will Be
Analyzed During the Next Year
23 CFR part 645—Utilities
23 CFR part 646—Railroads
23 CFR part 650—Bridges, Structures, and
Hydraulics
23 CFR part 655—Traffic Operations
23 CFR part 656—Carpool and Vanpool
Projects
23 CFR part 657—Certification of Size and
Weight Enforcement
23 CFR part 658—Truck Size and Weight,
Route Designations—Length, Width and
Weight Limitations
23 CFR part 660—Special Programs (Direct
Federal)
23 CFR part 661—Indian Reservation Road
Bridge Program
23 CFR part 667—Periodic Evaluation of
Facilities Repeatedly Requiring Repair and
Reconstruction Due to Emergency Events
23 CFR part 668—Emergency Relief Program
23 CFR part 669—Enforcement of Heavy
Vehicle Use Tax
Federal Motor Carrier Safety Administration
Section 610 and Other Reviews
Regulations to be reviewed
1 ........................
2 ........................
3 ........................
4 ........................
5 ........................
6 ........................
7 ........................
8 ........................
9 ........................
10 ......................
49
49
49
49
49
49
49
49
49
49
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
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
• Section 610: FMCSA analyzed 49 CFR
part 380 and found no SEISNOSE.
• 49 CFR part 380 is comprised of two
distinct training matters. Subparts A through
D establish minimum requirements for
operators of longer combination vehicles
VerDate Sep<11>2014
• Section 610: No SEISNOSE. No small
entities are affected.
• General: No changes are needed for
purposes of the Regulatory Flexibility Act.
FHWA is proposing to revise aspects of the
part 626 regulations under RIN 2125–AF96.
FHWA’s plain language review of the
regulations indicates no need for substantial
revision.
23 CFR part 627—Value Engineering
• Section 610: No SEISNOSE. No small
entities are affected.
• General: No changes are needed for
purposes of the Regulatory Flexibility Act.
FHWA’s plain language review of the
regulations indicates no need for substantial
revision.
23 CFR part 630—Preconstruction
Procedures
• Section 610: No SEISNOSE. No small
entities are affected.
• General: No changes are needed for
purposes of the Regulatory Flexibility Act.
FHWA is proposing to revise aspects of the
part 630 regulations under RINs 2125–AG03
and 2125–AG05. FHWA’s plain language
review of the regulations indicates no need
for substantial revision.
23 CFR part 633—Required Contract
Provisions
• Section 610: No SEISNOSE. No small
entities are affected.
• General: No changes are needed for
purposes of the Regulatory Flexibility Act.
FHWA is proposing to revise aspects of the
part 633 regulations under RIN 2125–AG11.
FHWA’s plain language review of the
regulations indicates no need for substantial
revision.
23 CFR part 635—Construction and
Maintenance
• Section 610: No SEISNOSE. No small
entities are affected.
• General: No changes are needed for
purposes of the Regulatory Flexibility Act.
FHWA recently updated aspects of the part
635 regulations under RIN 2125–AF83 (87 FR
67553 (November 9, 2022)). FHWA’s plain
21:05 Feb 08, 2024
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(LCVs) and LCV driver-instructors. These
parts introduce minor administrative costs of
retaining records in case of a future
investigation and training costs as directed
by statute.1 It identifies prudent business1 Section 31307. Minimum training requirements
for operators of longer combination vehicles (a)
Definition. In this section, ‘‘longer combination
vehicle’’ means a vehicle consisting of a truck
tractor and more than one trailer or semitrailer that
operates on the Dwight D. Eisenhower System of
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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
related costs that a small business desiring to
Interstate and Defense Highways with a gross
vehicle weight of more than 80,000 pounds. (b)
Requirements. The Secretary of Transportation shall
maintain regulations establishing minimum training
requirements for operators of longer combination
vehicles. The training shall include certification of
an operator’s proficiency by an instructor who has
met the requirements established by the Secretary.
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provide such training would incur whether
the rule existed or not.
• Subparts E through G address entry-level
driver training. A major regulatory change
was the introduction of the Entry-Level
Driver Training (ELDT) rule which directed
a compliance date of February 7, 2022.
• The rule was updated to ensure new
entrant drivers are qualified. The rule affects
entry-level drivers seeking a CDL or a
hazardous material (H), passenger (P), or
school bus (S) endorsement, motor carriers,
and training providers. Entry-level drivers
are not small entities as defined by the U.S.
Small Business Administration (SBA) and are
therefore not included in this analysis. This
rule does not directly regulate motor carriers
except in cases where the carrier elects to
register as a certified trainer. The ELDT rule
requires motor carriers to maintain training
records which drives a minimal cost.
• Motor carriers and training/educational
institutions seeking to register on the
Training Provider Registry (TRP) as training
providers must retain certain records and
update the TPR website with company and
student information. The costs are minimal.
It also requires lesson plans and training
criteria to comply with federal, state, and
local requirements.
Year
ddrumheller on DSK120RN23PROD with PROPOSALS13
requires a higher level of coverage. Also,
because the financial responsibility
requirements were imposed by an act of
Congress, FMCSA cannot further reduce the
burden and satisfy the statutory directive
Beyond the costs of obtaining insurance, 49
CFR part 387, subpart C, requires for-hire
motor carriers subject to the Agency’s
jurisdiction under 49 U.S.C. 13501 to file
evidence of financial responsibility with
FMCSA. The cost of this administrative
activity is minimal and does not rise to the
level of a significant economic impact.
General: There is no need for substantial
revision. These regulations provide
necessary/clear guidance to ‘‘For-hire’’
property and passenger motor carriers. The
regulations are cost-effective and impose the
least economic burden on the industry.
Year 6 (2023) List of Rules That Will Be
Analyzed During the Next Year
49 CFR part 398—Transportation of Migrant
Workers
National Highway Traffic Safety
Administration
Section 610 and Other Reviews
Regulations to be reviewed
1 ........................
2 ........................
3 ........................
4 ........................
5 ........................
6 ........................
7 ........................
8 ........................
9 ........................
10 ......................
49
23
49
49
49
49
49
49
49
49
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
Analysis year
571.223 through 571.500, and parts 575 and 579 .....................................................
part 1300 .....................................................................................................................
parts 501 through 526 and 571.213 ...........................................................................
571.131, 571.217, 571.220, 571.221, and 571.222 ...................................................
571.101 through 571.110, and 571.135, 571.136, 571.138 and 571.139 .................
571.141, and 49 CFR parts 529 through 578, except parts 571 and 575. ................
571.111 through 571.129 and parts 580 through 588 ...............................................
571.201 through 571.212 ............................................................................................
571.214 through 571.219, except 571.217 .................................................................
parts 591 through 595 and new parts and subparts ..................................................
Years 1 Through 6 (Fall 2019–2024) List of
Rules With Ongoing or Pending Analysis
49 CFR part 571.101—Controls and displays
49 CFR part 571.102—Transmission shift
position sequence, starter interlock, and
transmission braking effect
49 CFR part 571.103—Windshield defrosting
and defogging systems
49 CFR part 571.104—Windshield wiping
and washing systems
49 CFR part 571.105—Hydraulic and electric
brake systems
49 CFR part 571.106—Brake hoses
49 CFR part 571.108—Lamps, reflective
devices, and associated equipment
49 CFR part 571.109—New pneumatic tires
for vehicles manufactured from 1949 to
1975, bias ply tires, and T-type spare tires
49 CFR part 571.110—Tire selection and rims
and motor home/recreation vehicle trailer
load carrying capacity information for
motor vehicles with a GVWR of 4,536
kilograms (10,000 pounds) or less
49 CFR part 571.131—School Bus Pedestrian
Safety Devices
49 CFR part 571.135—Light vehicle brake
systems
49 CFR part 571.136—Electronic stability
control systems for heavy vehicles
49 CFR part 571.138—Tire pressure
monitoring systems
VerDate Sep<11>2014
• 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 on the
industry.
Year 5 (2022) List of Rules With Ongoing
Analysis
49 CFR part 387—Minimum Levels of
Financial Responsibility for Motor Carriers
• Section 610: FMCSA analyzed 49 CFR
part 387 but found no SEIOSNOSE.
• Under 49 U.S.C. 31138 and 31139,
FMCSA is required to establish minimum
levels of financial responsibility at or above
the levels set by Congress. FMCSA’s
regulations (49 CFR part 387 subparts A and
B) require for-hire property, passenger motor
carriers, and all motor carriers transporting
hazardous materials to maintain financial
responsibility at the statutory minimums set
forth in 49 U.S.C. 31138 and 31139.
• 49 CFR part 387 affects a substantial
number of small entities, but the cost of
required minimums does not impose a
significant economic impact because the
industry standard imposed by most lenders
21:05 Feb 08, 2024
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49 CFR part 571.139—New pneumatic radial
tires for light vehicles
49 CFR 571.141—Minimum Sound
Requirements for Hybrid and Electric
Vehicles
49 CFR part 571.213—Child Restraint
Systems
49 CFR part 571.217—Bus Emergency Exits
and Window Retention and Release
49 CFR part 571.220—School Bus Rollover
Protection
49 CFR part 571.221—School Bus Body Joint
Strength
49 CFR part 571.222—School Bus Passenger
Seating and Crash Protection
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
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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
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 529—Manufacturers of
Multistage Automobiles
49 CFR part 531—Passenger Automobile
Average Fuel Economy Standards
49 CFR part 533—Light Truck Fuel Economy
Standards
49 CFR part 534—Rights and Responsibilities
of Manufacturers in the Context of Changes
in Corporate Relationships
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49 CFR part 535—Medium- and Heavy-Duty
Vehicle Fuel Efficiency Program
49 CFR part 536—Transfer and Trading of
Fuel Economy Credits
49 CFR part 537—Automotive Fuel Economy
Reports
49 CFR part 538—Manufacturing Incentives
for Alternative Fuel Vehicles
49 CFR part 541—Federal Motor Vehicle
Theft Prevention Standard
49 CFR part 542—Procedures for Selecting
Light Duty Truck Lines to Be Covered by
the Theft Prevention Standard
49 CFR part 543—Exemption from Vehicle
Theft Prevention Standard
49 CFR part 545—Federal Motor Vehicle
Theft Prevention Standard Phase-in and
Small-Volume Line Reporting
Requirements
49 CFR part 551—Procedural Rules
49 CFR part 552—Petitions for Rulemaking,
Defect, and Noncompliance Orders
49 CFR part 553—Rulemaking Procedures
49 CFR part 554—Standards Enforcement
and Defects Investigation
Year
ddrumheller on DSK120RN23PROD with PROPOSALS13
49 CFR part 572—Anthropomorphic Test
Devices
49 CFR part 573—Defect and Noncompliance
Responsibility and Reports
49 CFR part 574—Tire Identification and
Recordkeeping
49 CFR part 575—Consumer Information
49 CFR part 576—Record Retention
49 CFR part 577—Defect and Noncompliance
Notification
49 CFR part 578—Civil and Criminal
Penalties
49 CFR part 579—Reporting of Information
and Communications About Potential
Defects
23 CFR part 1200—Uniform Procedures for
State Highway Safety Grant Programs
23 CFR part 1300—Uniform Procedures for
State Highway Safety Grant Programs
Federal Railroad Administration
Section 610 and Other Reviews
Regulations to be reviewed
1 ........................
2 ........................
3 ........................
4 ........................
5 ........................
6 ........................
7 ........................
8 ........................
9 ........................
10 ......................
49
49
49
49
49
49
49
49
49
49
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
parts
parts
parts
parts
parts
parts
parts
parts
parts
parts
200,
211,
216,
221,
227,
232,
237,
242,
261,
269,
207,
212,
217,
222,
228,
233,
238,
243,
262,
270,
21:05 Feb 08, 2024
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Analysis year
209, and 210 .....................................................................................
213, 214, and 215 .............................................................................
218, 219, and 220 .............................................................................
223, 224, and 225 .............................................................................
229, 230, and 231 .............................................................................
234, 235, and 236 .............................................................................
249, 240, and 241 .............................................................................
244, 250, and 256 .............................................................................
264, 266, and 268 .............................................................................
and 272 .............................................................................................
Year 5 (Fall 2022) List of Rules Analyzed and
a Summary of Results
49 CFR part 227—Occupational Noise
Exposure
D Section 610: There is no SEISNOSE.
D General: The main objective of the rule
is to protect the occupational health and
safety of employees whose predominant
noise exposure occurs in the locomotive cab.
Hearing loss is an important issue in the
railroad industry and there is a continuing
safety need for this rule. The rule prescribes
minimum Federal health and safety noise
standards for locomotive cab occupants. This
rule does not restrict a railroad or railroad
contractor from adopting and enforcing
additional or more stringent requirements.
FRA’s plain language review of this rule
indicates no need for substantial revision.
49 CFR part 228—Hours of Service of
Railroad Employees
D Section 610: There is no SEISNOSE.
D General: This rule prescribes reporting
and recordkeeping requirements regarding
the hours of service of certain railroad
employees, railroad contractors and
subcontractors and establishes standards and
procedures concerning the construction of
sleeping quarters. In general, this rule
promotes the safety of railroad operations
and employees. FRA’s plain language review
of this rule indicates no need for substantial
revision.
49 CFR part 229—Railroad Locomotive
Safety Standards
VerDate Sep<11>2014
49 CFR part 555—Temporary Exemption
from Motor Vehicle Safety and Bumper
Standards
49 CFR part 556—Exemption for
Inconsequential Defect or Noncompliance
49 CFR part 557—Petitions for Hearings on
Notification and Remedy of Defects
49 CFR part 562—Lighting and Marking of
Agricultural Equipment
49 CFR part 563—Event Data Recorders
49 CFR part 564—Replaceable Light Source
and Sealed Beam Headlamp Information
49 CFR part 565—Vehicle Identification
Number (VIN) Requirements
49 CFR part 566—Manufacturer
Identification
49 CFR part 567—Certification
49 CFR part 568—Vehicles Manufactured in
Two or More Stages—All Incomplete,
Intermediate and Final-Stage
Manufacturers of Vehicles Manufactured in
Two or More Stages
49 CFR part 569—Regrooved Tires
49 CFR part 570—Vehicle in Use Inspection
Standards
D Section 610: There is a SEISNOSE.
D General: Since the rule prescribes
minimum Federal safety standards for all
locomotives except those propelled by steam
power, these regulations are necessary to
achieve better and effective compliance of
railroad locomotive safety standards, and to
minimize the number of casualties. FRA’s
plain language review of this rule indicates
that there is no need for substantial revision.
49 CFR part 230—Steam Locomotive
Inspection and Maintenance Standards
D Section 610: There is no SEISNOSE.
D General: The rule prescribes minimum
Federal safety standards of inspection and
maintenance for all steam locomotive
operated on railroads. These requirements
are necessary to ensure the protection and
safety of railroad employees and the general
public, and to minimize the number of
casualties. FRA’s plain language review of
this rule indicates no need for substantial
revision.
49 CFR part 231—Railroad Safety Appliances
Standards
• Section 610: There is no SEISNOSE.
• General: The rule provides for railroad
safety standards which are necessary to
ensure the protection and safety of railroad
employees and public, and to minimize the
number of casualties. Small railroads
generally purchase rail equipment that has
already been used in transportation by Class
I and Class II railroads. As a result, rail
equipment used by small railroads is often in
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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
compliance with part 231 standards at the
time of acquisition. In addition, small
railroads are not substantially affected by rail
equipment maintenance costs that are
associated with part 231 requirements
because most rail equipment repairs are
performed by Class I and Class II railroads
and/or billed to the car owner. Although part
231 may have some impact on small
railroads, FRA has deemed any such impact
to be necessary to ensure uniform and
consistent equipment design requirements,
which contribute to the safety of railroad
employees who work on or about the rail
equipment. FRA’s plain language review of
this rule indicates no need for substantial
revision.
Year 6 (Fall 2023) List of Rules(s) That Will
Be Analyzed During This Year
49 CFR part 232—Brake System Safety
Standards for Freight and Other NonPassenger Trains and Equipment; End-ofTrain Devices
49 CFR part 233—Signal Systems Reporting
Requirements
49 CFR part 234—Grade Crossing Safety
49 CFR part 235—Instructions Governing
Applications for Approval of a
Discontinuance or Material Modification of
a Signal System or Relief from the
Requirements of Part 236
49 CFR part 236—Rules, Standards, and
Instructions Governing the Installation,
Inspection, Maintenance, and Repair of
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Signal and Train Control Systems, Devices,
and Appliances
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
Year
modes. As such, FTA has divided its rules
into 10 groups as displayed in the table
below. During the analysis year, the listed
rules will be analyzed to identify those with
a SEISNOSE. During the review year, each
rule identified in the analysis year as having
a SEISNOSE will be reviewed in accordance
with section 610(b) to determine if it should
be continued without change or changed to
minimize the impact on small entities.
Regulations to be reviewed
1 ........................
2 ........................
3 ........................
4 ........................
5 ........................
6 ........................
7 ........................
8 ........................
9 ........................
10 ......................
49
49
49
49
49
49
49
49
49
49
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
Analysis year
parts 604, 605, and 624 .............................................................................................
parts 609 and 640 .......................................................................................................
part 633 .......................................................................................................................
part 611 .......................................................................................................................
part 655 .......................................................................................................................
parts 602 and 614 .......................................................................................................
parts 661 and 663 .......................................................................................................
parts 625, 630, and 665 .............................................................................................
parts 613, 622, 670 and 674 ......................................................................................
parts 650, 672 and 673 ..............................................................................................
Year 5 (Fall 2022) List of Rules Analyzed and
Summary of Results
49 CFR part 655—Prevention of Alcohol
Misuse and Prohibited Drug Use in Transit
Operations
• Section 610: FTA conducted a Section
610 review of 49 CFR part 655 and
determined that it would not result in a
SEISNOSE within the meaning of the RFA.
The regulation implements statutorily
required procedures for alcohol and
controlled substance testing.
• General: No changes are needed. FTA
amended the Prevention of Alcohol Misuse
and Prohibited Drug Use in Transit
Operations regulation in 2023 (88 FR 27596)
to include oral fluid testing and to harmonize
testing procedures with the Mandatory
Guidelines for Federal Workplace Drug
Testing Programs Using Oral Fluid
established by the U.S. Department of Health
and Human Services.
The rule increases flexibility for smallentity transportation employers and drug test
collection sites by allowing them to use oral
fluid testing instead of urine testing to meet
Maritime Administration
Section 610 and Other Reviews
46 CFR parts 201 through 205, 46 CFR parts 315 through 340, 46 CFR part 345 through
347, and 46 CFR parts 381 and 382.
46 CFR parts 221 through 232 ................................................................................................
46 CFR parts 249 through 296 ................................................................................................
46 CFR parts 298 .....................................................................................................................
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 ................................................................................................
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Analysis year
Year 5 (2023) List of Rules Analyzed and
Summary of Results
46 CFR part 307—Mandatory Position Report
System for Vessels
Section 307: There is no SEISNOSE.
• General: No changes are needed.
MARAD’s plain language review of this rule
indicated no need for substantial revision.
46 CFR part 308—War Risk Insurance
• Section 610: There is no SEISNOSE.
• General: No changes are needed.
MARAD’s plain language review of this rule
indicated no need for substantial revision.
46 CFR part 309—War Risk Ship Valuation
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2020
2021
2022
2023
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2026
2027
2028
49 CFR part 602—Emergency Relief
49 CFR part 614—Transportation
Infrastructure Management
1 ........................
VerDate Sep<11>2014
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
Year 6 (Fall 2023) List of Rules To Be
Analyzed This Year
Regulations to be reviewed
Year 4 (2022) List of Rules Analyzed and
Summary of Results
46 CFR 298—Vessel Financing Assistance
• Section 610: There is no SEISNOSE.
• General: MARAD has reviewed part 298
and found that while it does not have
SEISNOSE, it is necessary to amend the rule
to implement statutory changes and update
the existing financial requirements imposed
on Title XI Program obligors to align with
more up-to-date vessel financing and federal
credit best practices. Accordingly, MARAD
has initiated a rulemaking to amend the rule.
MARAD’s rulemaking amending part 298
will include plain language revisions.
Review year
DOT testing requirements. Accordingly, FTA
determined that the rule would not have a
significant economic impact on a substantial
number of small entities.
Year
2 ........................
3 ........................
4 ........................
5 ........................
6 ........................
7 ........................
8 ........................
9 ........................
10 ......................
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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)
Review year
2018
2019
2019
2020
2021
2022
2023
2024
2025
2026
2027
2020
2021
2022
2023
2024
2025
2026
2027
2028
• Section 610: There is no SEISNOSE.
• General: No changes are needed.
MARAD’s plain language review of this rule
indicated no need for substantial revision.
Year 6 (2024) List of Rules With Ongoing
Analysis
46 CFR part 310—Merchant Marine Training
Pipeline and Hazardous Materials Safety
Administration (PHMSA)
Section 610 and Other Reviews
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Year
Regulations to be reviewed
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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 5 (Fall 2023) List of Rules Analyzed and
a Summary of Results
49 CFR part 106—RULEMAKING
PROCEDURES
49 CFR part 107—HAZARDOUS
MATERIALS PROGRAM PROCEDURES
49 CFR part 171—GENERAL
INFORMATION, REGULATIONS, AND
DEFINITIONS
• Section 610: PHMSA conducted a review
of these parts and found no SEISNOSE.
• General: PHMSA has reviewed these
parts and found that while these parts do not
have SEISNOSE, they could be revised to
reflect new technologies and updated to
reflect current practices. Therefore, PHMSA
has initiated rulemakings that—where
necessary—revise portions of parts 106, 107,
and 171. Otherwise, PHMSA’s plain language
review of these parts indicates no need for
substantial revision. Where confusing or
ambiguous language has been identified,
PHMSA plans to propose or finalize revisions
by way of rulemakings.
As an example, the ‘‘Hazardous Materials:
Advancing Safety of Modal Specific
Provisions’’ (2137–AF41) rulemaking action
is part of PHMSA’s response to clarify
current regulatory requirements and address
public comments. This rulemaking also
proposes to address a variety of petitions for
rulemaking, specific to modal stakeholders,
and other issues identified by PHMSA during
its regulatory review. The impact that the
2137–AF41 rulemaking will have on small
entities is not expected to be significant. The
rulemaking is based on PHMSA’s initiatives
and correspondence with the regulated
community, as well as PHMSA’s consultation
with its modal partners, including FMCSA,
FRA, and the United States Coast Guard
(USCG). The proposed amendments are
expected to result in an overall net cost
savings and ease the regulatory compliance
burden for small entities, shippers, carriers,
manufacturers, and requalifiers, specifically
those modal-specific packaging and
requalification requirements. This
rulemaking is one example of PHMSA’s
review of rulemakings which ensures that
our rules do not have a significant economic
impact on a substantial number of small
entities.
For a second example, the ‘‘Hazardous
Materials: Harmonization With International
Standards’’ (2137–AF57) 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–AF57 rulemaking will have on
small entities is not expected to be
significant. The rulemaking will clarify
provisions based on PHMSA’s initiatives and
correspondence with the regulated
community and domestic and international
stakeholders, which helps promote safety
through increased regulatory compliance.
The changes are generally intended to
provide relief and, as a result, positive
economic benefits to shippers, carriers, and
packaging manufacturers and testers,
including small entities. This rulemaking is
expected to lead to both economic and safety
benefits. The amendments are expected to
result in net benefits for shippers engaged in
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
Year 6 (Fall 2024) List of Rules That Will Be
Analyzed During the Next Year
49 CFR part 174—CARRIAGE BY RAIL
49 CFR part 177—CARRIAGE BY PUBLIC
HIGHWAY
49 CFR part 199—DRUG AND ALCOHOL
TESTING
Great Lakes Saint Lawrence Seaway
Development Corporation
Section 610 and Other Reviews
Regulations to be reviewed
1 ........................
Analysis year
* 33 CFR parts 401 through 403 ..............................................................................................
* The review for these regulations is recurring each year of the 10-year review cycle (currently 2018 through 2027).
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2020
2021
2022
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2025
2026
2027
2028
domestic and international commerce,
including trans-border shipments within
North America. Additionally, the effective
changes of this rulemaking will relieve U.S.
companies, including small entities
competing in foreign markets, from the
burden of complying with a dual system of
regulations. This rulemaking is a second
example of PHMSA’s review of rulemakings
which helps ensure that the HMR do not
have a significant economic impact on a
substantial number of small entities.
49 CFR part 190—PIPELINE SAFETY
ENFORCEMENT AND REGULATORY
PROCEDURES
• Section 610: PHMSA conducted a review
of this part and found no SEISNOSE.
• General: No changes are needed.
49 CFR part 195—TRANSPORTATION OF
HAZARDOUS LIQUIDS BY PIPELINE
• Section 610: PHMSA conducted a review
of this part and found no SEISNOSE.
However, PHMSA conducts regular
regulatory reviews to ensure that the Office
of Pipeline Safety regulations keep up to date
with new technologies and to be responsive
to petitions, mandates, recommendations,
and safety issues. When necessary, PHMSA’s
Office of Pipeline Safety proposes
amendments to provide relief to small
businesses by clarifying and updating its
regulations. Additionally, PHMSA’s Office of
Pipeline Safety regularly incorporates
voluntary consensus standards—which are
reviewed by committees representing
government, industry, and material
manufacturers—as a part of its rulemaking
activities.
Year
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Review year
2019
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Year 1 (Fall 2018) List of Rules That Will Be
Analyzed During the Next Year
33 CFR part 401—Seaway Regulations and
Rules
33 CFR part 402—Tariff of Tolls
33 CFR part 403—Rules of Procedure of the
Joint Tolls Review Board
OFFICE OF THE SECRETARY—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
396 ....................
Refunding Airline Tickets Ancillary Service Fees ............................................................................................
2105–AF04
FEDERAL AVIATION ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
397 ....................
Drug and Alcohol Testing of Certain Maintenance Provider Employees Located Outside of the United
States.
Requirements to File Notice of Construction of Meteorological Evaluation Towers and Other Renewable
Energy Projects (Section 610 Review).
398 ....................
2120–AK09
2120–AK77
FEDERAL AVIATION ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
399 ....................
Registration and Marking Requirements for Small Unmanned Aircraft ..........................................................
2120–AK82
FEDERAL AVIATION ADMINISTRATION—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
400 ....................
401 ....................
Regulation Of Flight Operations Conducted By Alaska Guide Pilots ..............................................................
Applying the Flight, Duty, and Rest Requirements to Ferry Flights That Follow Commuter or On-Demand
Operations (FAA Reauthorization).
Aircraft Registration and Airmen Certification Fees ........................................................................................
Helicopter Air Ambulance Pilot Training and Operational Requirements (HAA II) (FAA Reauthorization) ....
402 ....................
403 ....................
2120–AJ78
2120–AK26
2120–AK37
2120–AK57
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
404 ....................
Self-Insurance Program Cost Recovery (Section 610 Review) .....................................................................
2126–AC58
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
405 ....................
Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor Carriers Operating in the
United States.
2126–AA35
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FEDERAL RAILROAD ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
406 ....................
Positive Train Control Systems (Section 610 Review) ..................................................................................
2130–AC95
FEDERAL RAILROAD ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
407 ....................
Train Crew Staffing ..........................................................................................................................................
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SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION—PRERULE STAGE
Regulation
Identifier No.
Sequence No.
Title
408 ....................
Seaway Regulations and Rules: Periodic Update, Various Categories (Completion of a Section 610 Review).
Tariff of Tolls (Completion of a Section 610 Review) ..................................................................................
409 ....................
2135–AA55
2135–AA56
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
410 ....................
411 ....................
412 ....................
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
MARITIME ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
413 ....................
Cargo Preference—U.S. Flag Vessels Regulatory Update (Section 610 Review) .......................................
2133–AB97
MARITIME ADMINISTRATION—FINAL RULE STAGE
Title
414 ....................
Amendment to the Federal Ship Financing Program Regulations; Financial Requirements (Section 610
Review).
Establishing Safe and Secure Merchant Marine Training (Section 610 Review) ..........................................
415 ....................
DEPARTMENT OF TRANSPORTATION
(DOT)
Office of the Secretary (OST)
Final Rule Stage
396. Refunding Airline Tickets
Ancillary Service Fees [2105–AF04]
ddrumheller on DSK120RN23PROD with PROPOSALS13
Regulation
Identifier No.
Sequence No.
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
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21:05 Feb 08, 2024
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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. This rulemaking is informed by
feedback received at four public
meetings: three meetings of the Aviation
Consumer Protection Advisory
Committee on August 22, 2022,
December 8, 2022, and January 12, 2023,
and one public hearing on March 21,
2023. The docket for this rule was also
open to public comment submission for
approximately 130 days.
Timetable:
Action
Date
NPRM ..................
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FR Cite
87 FR 51550
Action
NPRM Comment
Period End.
Final Rule ............
Date
2133–AB98
2133–AB99
FR Cite
03/28/23
I
02/00/24
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@dot.gov.
RIN: 2105–AF04
DEPARTMENT OF TRANSPORTATION
(DOT)
Federal Aviation Administration (FAA)
Proposed Rule Stage
397. 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
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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
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.
Comment Period
End.
NPRM ..................
03/17/14
05/01/14
FR Cite
79 FR 14621
79 FR 24631
05/16/14
07/17/14
12/00/23
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
398. Requirements To File Notice of
Construction of Meteorological
Evaluation Towers and Other
Renewable Energy Projects (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:
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Action
Date
NPRM ..................
FR Cite
01/00/24
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Juan Yanguas,
Department of Transportation, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591, Phone: 202 267–1082, Email:
juan.s.yanguas@faa.gov.
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RIN: 2120–AK77
DEPARTMENT OF TRANSPORTATION
(DOT)
Federal Aviation Administration (FAA)
DEPARTMENT OF TRANSPORTATION
(DOT)
Federal Aviation Administration (FAA)
Final Rule Stage
399. Registration and Marking
Requirements for Small Unmanned
Aircraft [2120–AK82]
Legal Authority: 49 U.S.C. 106(f), 49
U.S.C. 41703, 44101 to 44106, 44110 to
44113, and 44701
Abstract: This rulemaking would
provide an alternative, streamlined and
simple, web-based aircraft registration
process for the registration of small,
unmanned aircraft, including small
unmanned aircraft operated 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
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
PO 00000
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Long-Term Actions
400. 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
U.S.C. 47528 to 47531; Articles 12 and
29 of 61 Statue 1180; P.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
401. 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.
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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
402. Aircraft Registration and Airmen
Certification Fees [2120–AK37]
Legal Deadline: 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
Next Action Undetermined.
VerDate Sep<11>2014
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
403. 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)
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 Avenue SW, Washington,
DC 20591, Phone: 202 267–4552, Email:
chris.holliday@faa.gov.
RIN: 2120–AK57
BILLING CODE 4910–13–P
FR Cite
To Be Determined
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9621
DEPARTMENT OF TRANSPORTATION
(DOT)
Federal Motor Carrier Safety
Administration (FMCSA)
Proposed Rule Stage
404. 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:
Action
NPRM ..................
Date
FR Cite
10/00/24
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
DEPARTMENT OF TRANSPORTATION
(DOT)
Federal Motor Carrier Safety
Administration (FMCSA)
Long-Term Actions
405. 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
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evaluate the continuing safety fitness of
all Mexico-domiciled carriers within 18
months after receiving a provisional
Certificate of Registration or provisional
authority to operate in the United
States. It also would establish
suspension and revocation procedures
for provisional Certificates of
Registration and operating authority,
and incorporate criteria to be used by
FMCSA in evaluating whether Mexicodomiciled carriers exercise basic safety
management controls. The interim rule
included requirements that were not
proposed in the NPRM but which are
necessary to comply with the FY–2002
DOT Appropriations Act. On January
16, 2003, the Ninth Circuit Court of
Appeals remanded this rule, along with
two other NAFTA-related rules, to the
agency, requiring a full environmental
impact statement and an analysis
required by the Clean Air Act. On June
7, 2004, the Supreme Court reversed the
Ninth Circuit and remanded the case,
holding that FMCSA is not required to
prepare the environmental documents.
FMCSA originally planned to publish a
final rule by November 28, 2003.
Timetable:
Action
Date
ddrumheller on DSK120RN23PROD with PROPOSALS13
NPRM ..................
NPRM Comment
Period End.
Interim Final Rule
Interim Final Rule
Comment Period End.
Interim Final Rule
Effective.
Notice of Intent to
Prepare an EIS.
EIS Public
Scoping Meetings.
Next Action Undetermined.
FR Cite
05/03/01
07/02/01
66 FR 22415
03/19/02
04/18/02
67 FR 12758
05/03/02
08/26/03
68 FR 51322
10/08/03
68 FR 58162
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Crystal E. Williams,
Department of Transportation, Federal
Motor Carrier Safety Administration,
1200 New Jersey Avenue SE,
Washington, DC 20590, Phone: 202 366–
0596, Email: crystal.williams@dot.gov.
RIN: 2126–AA35
BILLING CODE 4910–EX–P
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DEPARTMENT OF TRANSPORTATION
(DOT)
DEPARTMENT OF TRANSPORTATION
(DOT)
Federal Railroad Administration (FRA)
Federal Railroad Administration (FRA)
Proposed Rule Stage
Final Rule Stage
406. • Positive Train Control Systems
(Section 610 Review) [2130–AC95]
407. Train Crew Staffing [2130–AC88]
Legal Authority: 49 CFR 1.89(a); 49
U.S.C. 20103
Abstract: This rulemaking would
address the potential safety impact of
one-person train operations, including
appropriate measures to mitigate an
accident’s impact and severity, and the
patchwork of State laws concerning
minimum crew staffing requirements.
This rulemaking would address the
issue of minimum requirements for the
size of train crews, depending on the
type of operations. In an effort to
encourage public participation, FRA
extended the comment period from 60
to 146 days and held a public hearing
on December 14, 2022.
Timetable:
Legal Authority: 49 U.S.C. 20157; 49
U.S.C. 20103
Abstract: This rulemaking will amend
FRA’s PTC regulations—Title 49 Code
of Federal Regulations (CFR) part 236,
subpart I—to accomplish two objectives:
(1) Improve FRA’s oversight of the
performance of PTC technology by
clarifying and expanding certain
reporting requirements, and (2) provide
a clear framework under which
railroads may safely operate without
PTC technology, subject to operating
restrictions and other requirements, in
certain necessary situations.
FRA has found that its existing PTC
regulations do not provide sufficient
flexibility to railroads to continue
operating following initialization
failures or in cases where a PTC system
needs to be temporarily disabled during
repair, maintenance, infrastructure
upgrades, or capital projects. Previously,
FRA’s regulations provided railroads
with flexibility that expired on
December 31, 2022, and this rulemaking
will reintroduce a certain flexibility
regarding initialization failures,
establish additional parameters and
operating restrictions under which
railroads may continue to operate safely,
and codify an existing process for FRA’s
approval of temporary PTC system
outages related to repair, maintenance,
infrastructure upgrades, and capital
projects.
In addition, this rulemaking will
create a new exception to permit nonrevenue passenger trains to operate to
yards or maintenance facilities, without
being governed by PTC technology,
under certain conditions.
Timetable:
Action
Date
NPRM ..................
FR Cite
01/00/24
Regulatory Flexibility Analysis
Required: Undetermined.
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–AC95
PO 00000
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Action
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Date
07/28/22
12/21/22
I
FR Cite
87 FR 45564
03/00/24
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Amanda Maizel,
Attorney-Adviser, Department of
Transportation, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590,
Phone: 202 493–8014, Email:
amanda.maizel@dot.gov.
RIN: 2130–AC88
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
(DOT)
Saint Lawrence Seaway Development
Corporation (SLSDC)
Prerule Stage
408. • Seaway Regulations and Rules:
Periodic Update, Various Categories
(Completion of a Section 610 Review)
[2135–AA55]
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
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amending the joint regulations by
updating the Regulations and Rules in
various categories.
Timetable:
Action
Date
ANPRM ...............
FR Cite
409. • Tariff of Tolls (Completion of a
Section 610 Review) [2135–AA56]
Legal Authority: 33 U.S.C. 918 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:
Date
ddrumheller on DSK120RN23PROD with PROPOSALS13
ANPRM ...............
FR Cite
02/00/24
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Carrie Lynn Lavigne,
Chief Counsel, Department of
Transportation, Saint Lawrence Seaway
Development Corporation, Great Lakes
Street, Lawrence Seaway Development
Corporation (GLS), 1200 New Jersey
Avenue SW, Washington, DC 20590,
Phone: 315 764–3231, Email:
carrie.lavigne@dot.gov.
RIN: 2135–AA56
BILLING CODE 4910–61–P
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Pipeline and Hazardous Materials
Safety Administration (PHMSA)
Proposed Rule Stage
410. Pipeline Safety: Gas Pipeline Leak
Detection and Repair [2137–AF51]
02/00/24
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Carrie Lynn Lavigne,
Chief Counsel, Department of
Transportation, Saint Lawrence Seaway
Development Corporation, Great Lakes
Street, Lawrence Seaway Development
Corporation (GLS), 1200 New Jersey
Avenue SW, Washington, DC 20590,
Phone: 315 764–3231, Email:
carrie.lavigne@dot.gov.
RIN: 2135–AA55
Action
DEPARTMENT OF TRANSPORTATION
(DOT)
Jkt 262001
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. PHMSA
hosted a public meeting covering gas
pipeline leak detection and repair on
May 5 and May 6, 2021, and has
scheduled a Gas Pipeline Advisory
Committee meeting to discuss the
NPRM for November 27 through
December 1, 2023.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Analyzing Comments.
05/18/23
08/16/23
Action
NPRM ..................
02/00/24
412. 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
88 FR 31890
NPRM ..................
NPRM Comment
Period End.
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Sayler Palabrica,
Department of Transportation, Pipeline
and Hazardous Materials Safety
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590,
Phone: 202 366–0559, Email:
sayler.palabrica@dot.gov.
RIN: 2137–AF51
FR Cite
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Anna Setzer,
Transportation Specialist, Department
of Transportation, Pipeline and
Hazardous Materials Safety
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590,
Phone: 202 366–4098, Email:
anna.setzer@dot.gov.
RIN: 2137–AF52
FR Cite
11/00/23
Date
9623
Date
09/07/23
11/06/23
FR Cite
88 FR 61746
I
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Ashlin Bollacker,
Transportation Specialist, 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
BILLING CODE 4910–60–P
411. 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:
PO 00000
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DEPARTMENT OF TRANSPORTATION
(DOT)
Maritime Administration (MARAD)
Proposed Rule Stage
413. Cargo Preference—U.S. Flag
Vessels Regulatory Update (Section 610
Review) [2133–AB97]
Legal Authority: FY23 NDAA, Pub. L.
117–263; 46 U.S.C. 55305; 49 CFR
1.93(a)
Abstract: The purpose of this
rulemaking is to respond to a statutory
directive in section 3502 of the National
Defense Authorization Act for Fiscal
Year 2023 (FY23 NDAA) requiring
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MARAD to issue a final rule to
implement and enforce the cargo
preference requirements in 46 U.S.C.
55305(d).
Timetable:
Action
Date
NPRM ..................
FR Cite
06/00/24
Regulatory Flexibility Analysis
Required: Undetermined.
Agency Contact: Thomas Mitchell
Hudson, Department of Transportation,
Maritime Administration, 1200 New
Jersey Avenue SE, Washington, DC
20590, Phone: 202 366–9373, Email:
mitch.hudson@dot.gov.
RIN: 2133–AB97
DEPARTMENT OF TRANSPORTATION
(DOT)
Maritime Administration (MARAD)
414. Amendment to the Federal Ship
Financing Program Regulations;
Financial Requirements (Section 610
Review) [2133–AB98]
ddrumheller on DSK120RN23PROD with PROPOSALS13
Legal Authority: National Defense
Authorization Act for Fiscal Year 2020,
Pub. L. 116–92; 46 U.S.C. ch. 537; 49
CFR 1.93(a)
21:05 Feb 08, 2024
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Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Final Rule Stage
VerDate Sep<11>2014
Abstract: The proposed rule is
intended to update the lending
parameters in the current regulations,
which no longer best achieve the
intended purpose of minimizing the risk
of Title XI Program defaults, and to
better align the lending practices to
reflect Federal credit and maritime
lending best practices. MARAD expects
that the proposed regulations will
reduce the economic burden on
applicants in complying with Title XI
Program requirements that are
inconsistent with other lending
instruments. MARAD also expects that
the updated lending parameters could
encourage the construction of vessels in
United States shipyards which
otherwise would not meet the current
constrained Title XI Program financial
requirements.
Timetable:
FR Cite
04/25/23
06/26/23
I
12/00/23
88 FR 24962
I
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Mitch Hudson,
Attorney, Department of Transportation,
Maritime Administration, 1200 New
Jersey Avenue SE, Washington, DC
PO 00000
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Sfmt 9990
20590, Phone: 202 366–9373, Email:
mitch.hudson@dot.gov.
RIN: 2133–AB98
415. Establishing Safe and Secure
Merchant Marine Training (Section 610
Review) [2133–AB99]
Legal Authority: FY23 NDAA, Pub. L.
117–263; 46 U.S.C. ch. 513; 49 CFR
1.93(a)
Abstract: The purpose of this
regulation is to improve the safety and
efficiency of the United States merchant
marine through the prevention of, and
response to, sexual harassment, dating
violence, domestic violence, and sexual
assault onboard vessels on which
merchant marine cadets are embarked
for training purposes.
Timetable:
Action
Final Action .........
Date
FR Cite
01/00/24
Regulatory Flexibility Analysis
Required: Undetermined.
Agency Contact: Thomas Mitchell
Hudson, Department of Transportation,
Maritime Administration, 1200 New
Jersey Avenue SE, Washington, DC
20590, Phone: 202 366–9373, Email:
mitch.hudson@dot.gov.
RIN: 2133–AB99
[FR Doc. 2024–00449 Filed 2–8–24; 8:45 am]
BILLING CODE 4910–81–P
E:\FR\FM\09FEP13.SGM
09FEP13
Agencies
[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Unknown Section]
[Pages 9608-9624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00449]
[[Page 9607]]
Vol. 89
Friday,
No. 28
February 9, 2024
Part XIII
Department of Transportation
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 89 , No. 28 / Friday, February 9, 2024 / UA:
Reg Flex Agenda
[[Page 9608]]
-----------------------------------------------------------------------
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, Department of Transportation.
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 rulemaking actions of the Department of Transportation (DOT).
The Regulatory Agenda provides the public with information about DOT'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 Regulatory Agenda.
FOR FURTHER INFORMATION CONTACT: Please direct all comments and
inquiries on the Regulatory Agenda to Daniel Cohen, Assistant General
Counsel for Regulation and Legislation, Office of the General Counsel,
Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC
20590; (202) 366-4702.
To obtain a copy of a specific regulatory document in the
Regulatory Agenda, you should communicate directly with the contact
person listed with the regulation. We note that most such documents,
including the Semiannual Regulatory Agenda, are available through the
internet at https://www.regulations.gov.
SUPPLEMENTARY INFORMATION:
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. The information contained in the Regulatory Agenda should
enable the public to be aware of the Department's planned regulatory
activities 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 Regulatory Agenda. Regulatory
action, in addition to the items listed, is not precluded.
Request for Comments
General
DOT's Regulatory 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 Regulatory Agenda easier to use. We would like you,
the public, to make suggestions or comments on how the Regulatory
Agenda could be further improved.
Regulatory Flexibility Act
The Department 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 Regulatory Agenda, each operating
administration will publish the results of the analyses it has
completed during the previous year. The most recent results appeared in
the Department's 2022 Fall Regulatory Agenda Preamble, which was
published in the Federal Register on February 22, 2023. 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.
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.
Subash Iyer,
Acting General Counsel, Department of Transportation.
Appendix A--Review Plans for Section 610 and Other Requirements
Part I--The Plan
General
The Department of Transportation has responsibilities under
section 610 of the Regulatory Flexibility Act and subsequent
executive orders to conduct reviews of its existing regulations. We
are committed to continuing our reviews of existing rules and, if it
is needed, will initiate rulemaking actions based on these reviews.
The Department began a new 10-year review cycle with the Fall 2018
Agenda.
Section 610 Review Plan
Section 610 requires that we conduct reviews of rules that: (1)
have been published within the last 10 years; and (2) have a
``significant economic impact on a substantial number of small
entities'' (SEISNOSE). It also requires that we publish in the
Federal Register each year a list of any such rules that we will
review during the next year. The Office of the Secretary and each of
the Department's Operating Administrations have a 10-year review
plan. These reviews comply with section 610 of the Regulatory
Flexibility Act.
Changes to the Review Plan
Some reviews may be conducted earlier than scheduled. For
example, events, such as accidents, may result in the need to
conduct earlier reviews of some rules. Other factors may also result
in the need to make changes; for example, we may make changes in
response to public comment on this plan or in response to a
presidentially mandated review. If there is any change to the review
plan, we will note the change in the following Agenda. For any
section 610 review, we will provide the required notice prior to the
review.
[[Page 9609]]
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 publication
annually of the fall 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?
Section 610 Review
The agency will analyze each of the rules in each year's group
to determine whether any rule has a SEISNOSE and, thus, requires
review in accordance with section 610 of the Regulatory Flexibility
Act. The level of analysis will, of course, depend on the nature of
the rule and its applicability. Publication of agencies' section 610
analyses listed each fall in this Agenda provides the public with
notice and an opportunity to comment consistent with the
requirements of the Regulatory Flexibility Act. We request that
public comments be submitted to the Department early in the analysis
year concerning the small entity impact of the rules to help us in
making our determinations.
In each Fall Agenda, the agency will publish the results of the
analyses it has completed during the previous year. For rules that
had a negative finding on SEISNOSE, we will give a short explanation
(e.g., ``these rules only establish petition processes that have no
cost impact'' or ``these rules do not apply to any small
entities''). For parts, subparts, or other discrete sections of
rules that do have a SEISNOSE, we will announce that we will be
conducting a formal section 610 review during the following 12
months. At this stage, DOT will add an entry to the Agenda in the
pre-rulemaking section describing the review in more detail. We also
will seek public comment on how best to lessen the impact of these
rules and provide a name or docket to which public comments can be
submitted. In some cases, the section 610 review may be part of
another unrelated review of the rule. In such a case, we plan to
clearly indicate which parts of the review are being conducted under
section 610.
Other Reviews
The agency will also examine the specified rules to determine
whether any other reasons exist for revising or revoking the rule or
for rewriting the rule in plain language. In each Fall Agenda, the
agency will also publish information on the results of the
examinations completed during the previous year.
Part III--List of Pending Section 610 Reviews
The Agenda identifies the pending DOT section 610 Reviews by
inserting ``(Section 610 Review)'' after the title for the specific
entry. For further information on the pending reviews, see the
Agenda entries at www.reginfo.gov. For example, to obtain a list of
all entries that are in section 610 Reviews under the Regulatory
Flexibility Act, a user would select the desired responses on the
search screen (by selecting ``advanced search'') and, in effect,
generate the desired ``index'' of reviews.
Office of the Secretary
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 49 CFR parts 91 2018 2019
through 99.
14 CFR parts 200
through 212.
48 CFR parts
1201 through
1224.
2..................... 48 CFR parts 2019 2020
1227 through
1253 and new
parts and
subparts.
3..................... 14 CFR parts 213 2020 2021
through 232.
4..................... 14 CFR parts 234 2021 2022
through 254.
5..................... 14 CFR parts 255 2022 2023
through 298 and
49 CFR part 40.
6..................... 14 CFR parts 300 2023 2024
through 373.
7..................... 14 CFR parts 374 2024 2025
through 398.
8..................... 14 CFR part 399 2025 2026
and 49 CFR
parts 1 through
15.
9..................... 49 CFR parts 17 2026 2027
through 28.
10.................... 49 CFR parts 29 2027 2028
through 39 and
parts 41
through 89.
------------------------------------------------------------------------
Year 10 (Fall 2018) List of Rules Analyzed and Summary of Results
49 CFR part 30--Denial of Public Works Contracts to Suppliers of
Goods and Services of Countries that Deny Procurement Market Access
to U.S. Contractors
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: No changes are needed. These regulations are
cost effective and impose the least burden. OST's plain language
review of these rules indicates no need for substantial revision.
49 CFR part 31--Program Fraud Civil Remedies
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 Other
Amendments'' (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.
[[Page 9610]]
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: In considering ways to minimize the SEISNOSE
for Part 39, DOT plans to explore whether to modify the definition
of ``service animal'' in 49 CFR 39.3. The current definition 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). Under DOJ regulations at 28 CFR 35.136(i),
reasonable modifications in policy and practices must also be made
where necessary to accommodate miniature horses as service animals.
In contrast, the passenger vessel industry operating under Part 39
remains subject to requirements for accommodating unusual service
animals, such as reptiles and primates. Updating the definition of
``service animal'' under 49 CFR 39.3 would ensure consistency across
Federal regulations and remove the confusion that results for
individuals with service animals when different standards apply to
different public facilities and modes of transportation. OST has
already determined to consider updates to the ``service animal''
definition contained in 49 CFR 37.3 (Part 37 governs Transportation
Services for Individuals with Disabilities (ADA)) for the
aforementioned reasons and is in the process of developing a
rulemaking on that issue titled: ``Transportation for Individuals
with Disabilities; Service Animals and Technical Corrections'' (RIN
2105-AF08).
As a result, OST will consider whether to conduct a rulemaking
to bring this regulation into compliance with the statutory
requirements and to bring consistency to the regulatory regime
governing different modes of transportation. OST's plain language
review of this regulation indicates no need for substantial
revision.
In addition to the above considerations, DOT notes 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 has
initiated 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.
49 CFR part 92--Recovering Debts to the United States by Salary
Offset
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: These regulations are cost effective and
impose the least burden. OST's plain language review of these rules
indicates no need for substantial revision. Since the rule was
enacted, however, the DOT Operating Administrations have changed. As
a result, DOT will consider a rulemaking to update the agencies
listed at 49 CFR 92.5(g)--Definitions 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 consider a rulemaking to make these revisions. These
regulations are cost effective and impose the least burden. OST's
plain language review of these rules indicated no need for
substantial revision.
49 CFR part 98--Enforcement of Restrictions on Post-Employment
Activities
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: These regulations are cost effective and
impose the least burden. OST's plain language review of these rules
indicates no need for substantial revision. Since the rule was
enacted, the U.S. Department of Transportation's organizational
structure changed, and as a result DOT will consider updating the
list of DOT Operating Administrations (OAs) listed in 49 CFR 98.2 to
reflect the current listing of DOT OAs in 49 CFR 89.2(a), as
follows: (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 change would be considered 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.
48 CFR parts 1201-1224
Section 610: OST has reviewed the regulations at 48 CFR
parts 1201-1224 and found no SEISNOSE.
General: OST determined that updates were needed to the
regulations at 48 CFR parts 1201-1224. The regulations were updated
as part of RIN 2105-AE26 (Revisions to the Transportation
Acquisition Regulations) The final rule published on October 7,
2022.
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
[[Page 9611]]
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 1 (Fall 2018) List of Rules That Are Under Ongoing Analysis
49 CFR part 93--Aircraft Allocation
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
Year 2 (Fall 2019) List of Rules Analyzed and Summary of Results
48 CFR parts 1227 through 1253 and new parts and subparts
Section 610: OST has reviewed the regulations at 48 CFR
parts 1227-1253 and found no SEISNOSE.
General: OST determined that updates were needed to the
regulations at 48 CFR parts 1227-1253. The regulations were updated
as part of RIN 2105-AE26 (Revisions to the Transportation
Acquisition Regulations) The final rule published on October 7,
2022.
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
Year 3 (Fall 2020) List of Rules Analyzed and Summary of Results
14 CFR parts 213 through 232
14 CFR 213--Terms, Conditions and Limitations of Foreign Air Carrier
Permits
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden.
14 CFR 214--Terms, Conditions, and Limitations for Foreign Air
Carrier Permits Authorizing Charter Transportation Only
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: No changes are needed. These regulations are
cost effective and impose the least burden.
14 CFR 215--Use and Change of Names of Air Carriers, Foreign Air
Carriers and Commuter Air Carriers
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden.
14 CFR 216--Commingling of Blind Sector Traffic by Foreign Air
Carriers
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden.
14 CFR 218--Lease by Foreign Air Carrier or Other Foreign Person of
Aircraft with Crew
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden.
14 CFR 221--TARIFFS
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
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 6 (Fall 2024) List of Rules That Will Be Analyzed During the Next
Year
14 CFR part 300--RULES OF CONDUCT IN DOT PROCEEDING UNDER THIS
CHAPTER
14 CFR part 302--RULES OF PRACTICE IN PROCEEDINGS
Section 610 (Subpart D): 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 (Subpart D): 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. Rule was updated in 2019.
14 CFR part 303--REVIEW OF AIR CARRIER AGREEMENTS
14 CFR part 305--RULES OF PRACTICE IN INFORMAL NONPUBLIC
INVESTIGATIONS
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.
Rule was updated in 2019.
14 CFR part 313--IMPLEMENTATION OF THE ENERGY POLICY AND
CONSERVATION ACT
14 CFR part 323--TERMINATIONS, SUSPENSIONS, AND REDUCTIONS
14 CFR part 325--ESSENTIAL AIR SERVICE PROCEDURES
14 CFR part 330--PROCEDURES FOR COMPENSATION OF AIR CARRIERS
14 CFR part 372--OVERSEAS MILITARY PERSONNEL CHARTERS
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.
[[Page 9612]]
------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 14 CFR parts 141 2020 2021
through 147 and
parts 170
through 187.
2..................... 14 CFR parts 189 2021 2022
through 198 and
parts 1 through
16.
3..................... 14 CFR parts 17 2022 2023
through 33.
4..................... 14 CFR parts 34 2023 2024
through 39 and
parts 400
through 405.
5..................... 14 CFR parts 43 2024 2025
through 49 and
parts 406
through 415.
6..................... 14 CFR parts 60 2025 2026
through 77.
7..................... 14 CFR parts 91 2026 2027
through 107.
8..................... 14 CFR parts 417 2027 2028
through 460.
9..................... 14 CFR parts 119 2028 2029
through 129 and
parts 150
through 156.
10.................... 14 CFR parts 133 2029 2030
through 139 and
parts 157
through 169.
------------------------------------------------------------------------
Defining SEISNOSE for FAA Regulations
The RFA does not define ``significant economic impact.''
Therefore, there is no clear rule or number to determine when a
significant economic impact occurs. However, the Small Business
Administration (SBA) states that significance should be determined
by considering the size of the business, the size of the
competitor's business and the impact the same regulation has on
larger competitors.
Likewise, the RFA does not define ``substantial number.''
However, the legislative history of the RFA suggests that a
substantial number must be at least one but does not need to be an
overwhelming percentage such as more than half. The SBA states that
the substantiality of the number of small businesses affected should
be determined on an industry-specific basis.
This analysis consisted of the following three steps:
1. Review of the number of small entities affected by the
amendments to parts 34 through 39, and parts 400 through 405.
2. Identification and analysis of all amendments to parts 34
through 39, and parts 400 through 405 since 2013 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 1 (Fall 2023) List of Rules Analyzed and Summary of Results
14 CFR part 34--Fuel Venting and Exhaust Emission Requirements for
Turbine Engine Powered Airplanes
Section 610: The agency conducted a Section 610 Review of this
part and determined no amendments to 14 CFR part 34 promulgated
since January 2013 has or will have a SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden.
14 CFR part 35--Airworthiness Standards: Propellers
Section 610: The agency conducted a Section 610 Review of this
part and determined no amendments to 14 CFR part 35 promulgated
since January 2013 has or will have a SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden.
14 CFR part 36--Noise Standards: Aircraft Type and Airworthiness
Certification
Section 610: The agency conducted a Section 610 Review of this
part and determined no amendments to 14 CFR part 36 promulgated
since January 2013 has or will have a SEISNOSE.
General: No changes are needed.
14 CFR part 39--Airworthiness Directives
Section 610: The agency conducted a Section 610 Review of this
part and determined no amendments to 14 CFR part 39 promulgated
since January 2013 has or will have a SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden.
14 CFR part 400--Basis and Scope
Section 610: The agency conducted a Section 610 Review of this
part and determined no amendments to 14 CFR part 400 promulgated
since January 2013 has or will have a SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden.
14 CFR part 401--Organization and Definitions
Section 610: The agency conducted a Section 610 Review of this
part and determined no amendments to 14 CFR part 401 promulgated
since January 2013 has or will have a SEISNOSE.
General: No changes are needed.
14 CFR part 404--Petition and Rulemaking Procedures
Section 610: The agency conducted a Section 610 Review of this
part and determined no amendments to 14 CFR part 404 promulgated
since January 2013 has or will have a SEISNOSE.
General: No changes are needed.
14 CFR part 405--Compliance and Enforcement
Section 610: The agency conducted a Section 610 Review of this
part and determined no amendments to 14 CFR part 405 promulgated
since January 2013 has or will have a SEISNOSE.
General: No changes are needed.
Year 2 (2024) List of Rules To Be Analyzed the Next Year
14 CFR parts 43 through 49 and parts 406 through 415
14 CFR part 43--Maintenance, Preventive Maintenance, Rebuilding, and
Alteration
14 CFR part 45--Identification and Registration Marking
14 CFR part 47--Aircraft Registration
14 CFR part 48--Registration and Marking Requirements for Small
Unmanned Aircraft
14 CFR part 49--Recording of Aircraft Titles and Security Documents
14 CFR part 406--Investigations, Enforcement, and Administrative
Review
14 CFR part 413--License Application Procedures
14 CFR part 414--Safety Element Approvals
14 CFR part 415--Launch License
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.
------------------------------------------------------------------------
[[Page 9613]]
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 5 (Fall 2022) List of Rules Analyzed and a Summary of the Results
23 CFR part 620--Engineering
Section 610: No SEISNOSE. No small entities are
affected.
General: No changes are needed for purposes of the
Regulatory Flexibility Act. FHWA's plain language review of the
regulations indicates no need for substantial revision.
23 CFR part 625--Design Standards for Highways
Section 610: No SEISNOSE. No small entities are
affected.
General: No changes are needed for purposes of the
Regulatory Flexibility Act. FHWA recently updated aspects of the
part 625 regulations under RIN 2125-AF88 (87 FR 32, (January 3,
2022)). FHWA's plain language review of the regulations indicates no
need for substantial revision.
23 CFR part 626--Pavement Policy
Section 610: No SEISNOSE. No small entities are
affected.
General: No changes are needed for purposes of the
Regulatory Flexibility Act. FHWA is proposing to revise aspects of
the part 626 regulations under RIN 2125-AF96. FHWA's plain language
review of the regulations indicates no need for substantial
revision.
23 CFR part 627--Value Engineering
Section 610: No SEISNOSE. No small entities are
affected.
General: No changes are needed for purposes of the
Regulatory Flexibility Act. FHWA's plain language review of the
regulations indicates no need for substantial revision.
23 CFR part 630--Preconstruction Procedures
Section 610: No SEISNOSE. No small entities are
affected.
General: No changes are needed for purposes of the
Regulatory Flexibility Act. FHWA is proposing to revise aspects of
the part 630 regulations under RINs 2125-AG03 and 2125-AG05. FHWA's
plain language review of the regulations indicates no need for
substantial revision.
23 CFR part 633--Required Contract Provisions
Section 610: No SEISNOSE. No small entities are
affected.
General: No changes are needed for purposes of the
Regulatory Flexibility Act. FHWA is proposing to revise aspects of
the part 633 regulations under RIN 2125-AG11. FHWA's plain language
review of the regulations indicates no need for substantial
revision.
23 CFR part 635--Construction and Maintenance
Section 610: No SEISNOSE. No small entities are
affected.
General: No changes are needed for purposes of the
Regulatory Flexibility Act. FHWA recently updated aspects of the
part 635 regulations under RIN 2125-AF83 (87 FR 67553 (November 9,
2022)). FHWA's plain language review of the regulations indicates no
need for substantial revision.
23 CFR part 636--Design-build Contracting
Section 610: No SEISNOSE. No small entities are
affected.
General: No changes are needed for purposes of the
Regulatory Flexibility Act. FHWA's plain language review of the
regulations indicates no need for substantial revision.
23 CFR part 637--Construction Inspection and Approval
Section 610: No SEISNOSE. No small entities are
affected.
General: No changes are needed for purposes of the
Regulatory Flexibility Act. FHWA's plain language review of the
regulations indicates no need for substantial revision.
Year 6 (Fall 2023) List of Rules That Will Be Analyzed During the Next
Year
23 CFR part 645--Utilities
23 CFR part 646--Railroads
23 CFR part 650--Bridges, Structures, and Hydraulics
23 CFR part 655--Traffic Operations
23 CFR part 656--Carpool and Vanpool Projects
23 CFR part 657--Certification of Size and Weight Enforcement
23 CFR part 658--Truck Size and Weight, Route Designations--Length,
Width and Weight Limitations
23 CFR part 660--Special Programs (Direct Federal)
23 CFR part 661--Indian Reservation Road Bridge Program
23 CFR part 667--Periodic Evaluation of Facilities Repeatedly
Requiring Repair and Reconstruction Due to Emergency Events
23 CFR part 668--Emergency Relief Program
23 CFR part 669--Enforcement of Heavy Vehicle Use Tax
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
Section 610: FMCSA analyzed 49 CFR part 380 and found
no SEISNOSE.
49 CFR part 380 is comprised of two distinct training
matters. Subparts A through D establish minimum requirements for
operators of longer combination vehicles (LCVs) and LCV driver-
instructors. These parts introduce minor administrative costs of
retaining records in case of a future investigation and training
costs as directed by statute.\1\ It identifies prudent business-
related costs that a small business desiring to
[[Page 9614]]
provide such training would incur whether the rule existed or not.
---------------------------------------------------------------------------
\1\ Section 31307. Minimum training requirements for operators
of longer combination vehicles (a) Definition. In this section,
``longer combination vehicle'' means a vehicle consisting of a truck
tractor and more than one trailer or semitrailer that operates on
the Dwight D. Eisenhower System of Interstate and Defense Highways
with a gross vehicle weight of more than 80,000 pounds. (b)
Requirements. The Secretary of Transportation shall maintain
regulations establishing minimum training requirements for operators
of longer combination vehicles. The training shall include
certification of an operator's proficiency by an instructor who has
met the requirements established by the Secretary.
---------------------------------------------------------------------------
Subparts E through G address entry-level driver
training. A major regulatory change was the introduction of the
Entry-Level Driver Training (ELDT) rule which directed a compliance
date of February 7, 2022.
The rule was updated to ensure new entrant drivers are
qualified. The rule affects entry-level drivers seeking a CDL or a
hazardous material (H), passenger (P), or school bus (S)
endorsement, motor carriers, and training providers. Entry-level
drivers are not small entities as defined by the U.S. Small Business
Administration (SBA) and are therefore not included in this
analysis. This rule does not directly regulate motor carriers except
in cases where the carrier elects to register as a certified
trainer. The ELDT rule requires motor carriers to maintain training
records which drives a minimal cost.
Motor carriers and training/educational institutions
seeking to register on the Training Provider Registry (TRP) as
training providers must retain certain records and update the TPR
website with company and student information. The costs are minimal.
It also requires lesson plans and training criteria to comply with
federal, state, and local requirements.
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 on the industry.
Year 5 (2022) List of Rules With Ongoing Analysis
49 CFR part 387--Minimum Levels of Financial Responsibility for
Motor Carriers
Section 610: FMCSA analyzed 49 CFR part 387 but found
no SEIOSNOSE.
Under 49 U.S.C. 31138 and 31139, FMCSA is required to
establish minimum levels of financial responsibility at or above the
levels set by Congress. FMCSA's regulations (49 CFR part 387
subparts A and B) require for-hire property, passenger motor
carriers, and all motor carriers transporting hazardous materials to
maintain financial responsibility at the statutory minimums set
forth in 49 U.S.C. 31138 and 31139.
49 CFR part 387 affects a substantial number of small
entities, but the cost of required minimums does not impose a
significant economic impact because the industry standard imposed by
most lenders requires a higher level of coverage. Also, because the
financial responsibility requirements were imposed by an act of
Congress, FMCSA cannot further reduce the burden and satisfy the
statutory directive Beyond the costs of obtaining insurance, 49 CFR
part 387, subpart C, requires for-hire motor carriers subject to the
Agency's jurisdiction under 49 U.S.C. 13501 to file evidence of
financial responsibility with FMCSA. The cost of this administrative
activity is minimal and does not rise to the level of a significant
economic impact.
General: There is no need for substantial revision. These
regulations provide necessary/clear guidance to ``For-hire''
property and passenger motor carriers. The regulations are cost-
effective and impose the least economic burden on the industry.
Year 6 (2023) List of Rules That Will Be Analyzed During the Next Year
49 CFR part 398--Transportation of Migrant Workers
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 6 (Fall 2019-2024) List of Rules With Ongoing or
Pending Analysis
49 CFR part 571.101--Controls and displays
49 CFR part 571.102--Transmission shift position sequence, starter
interlock, and transmission braking effect
49 CFR part 571.103--Windshield defrosting and defogging systems
49 CFR part 571.104--Windshield wiping and washing systems
49 CFR part 571.105--Hydraulic and electric brake systems
49 CFR part 571.106--Brake hoses
49 CFR part 571.108--Lamps, reflective devices, and associated
equipment
49 CFR part 571.109--New pneumatic tires for vehicles manufactured
from 1949 to 1975, bias ply tires, and T-type spare tires
49 CFR part 571.110--Tire selection and rims and motor home/
recreation vehicle trailer load carrying capacity information for
motor vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or
less
49 CFR part 571.131--School Bus Pedestrian Safety Devices
49 CFR part 571.135--Light vehicle brake systems
49 CFR part 571.136--Electronic stability control systems for heavy
vehicles
49 CFR part 571.138--Tire pressure monitoring systems
49 CFR part 571.139--New pneumatic radial tires for light vehicles
49 CFR 571.141--Minimum Sound Requirements for Hybrid and Electric
Vehicles
49 CFR part 571.213--Child Restraint Systems
49 CFR part 571.217--Bus Emergency Exits and Window Retention and
Release
49 CFR part 571.220--School Bus Rollover Protection
49 CFR part 571.221--School Bus Body Joint Strength
49 CFR part 571.222--School Bus Passenger Seating and Crash
Protection
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 529--Manufacturers of Multistage Automobiles
49 CFR part 531--Passenger Automobile Average Fuel Economy Standards
49 CFR part 533--Light Truck Fuel Economy Standards
49 CFR part 534--Rights and Responsibilities of Manufacturers in the
Context of Changes in Corporate Relationships
[[Page 9615]]
49 CFR part 535--Medium- and Heavy-Duty Vehicle Fuel Efficiency
Program
49 CFR part 536--Transfer and Trading of Fuel Economy Credits
49 CFR part 537--Automotive Fuel Economy Reports
49 CFR part 538--Manufacturing Incentives for Alternative Fuel
Vehicles
49 CFR part 541--Federal Motor Vehicle Theft Prevention Standard
49 CFR part 542--Procedures for Selecting Light Duty Truck Lines to
Be Covered by the Theft Prevention Standard
49 CFR part 543--Exemption from Vehicle Theft Prevention Standard
49 CFR part 545--Federal Motor Vehicle Theft Prevention Standard
Phase-in and Small-Volume Line Reporting Requirements
49 CFR part 551--Procedural Rules
49 CFR part 552--Petitions for Rulemaking, Defect, and Noncompliance
Orders
49 CFR part 553--Rulemaking Procedures
49 CFR part 554--Standards Enforcement and Defects Investigation
49 CFR part 555--Temporary Exemption from Motor Vehicle Safety and
Bumper Standards
49 CFR part 556--Exemption for Inconsequential Defect or
Noncompliance
49 CFR part 557--Petitions for Hearings on Notification and Remedy
of Defects
49 CFR part 562--Lighting and Marking of Agricultural Equipment
49 CFR part 563--Event Data Recorders
49 CFR part 564--Replaceable Light Source and Sealed Beam Headlamp
Information
49 CFR part 565--Vehicle Identification Number (VIN) Requirements
49 CFR part 566--Manufacturer Identification
49 CFR part 567--Certification
49 CFR part 568--Vehicles Manufactured in Two or More Stages--All
Incomplete, Intermediate and Final-Stage Manufacturers of Vehicles
Manufactured in Two or More Stages
49 CFR part 569--Regrooved Tires
49 CFR part 570--Vehicle in Use Inspection Standards
49 CFR part 572--Anthropomorphic Test Devices
49 CFR part 573--Defect and Noncompliance Responsibility and Reports
49 CFR part 574--Tire Identification and Recordkeeping
49 CFR part 575--Consumer Information
49 CFR part 576--Record Retention
49 CFR part 577--Defect and Noncompliance Notification
49 CFR part 578--Civil and Criminal Penalties
49 CFR part 579--Reporting of Information and Communications About
Potential Defects
23 CFR part 1200--Uniform Procedures for State Highway Safety Grant
Programs
23 CFR part 1300--Uniform Procedures for State Highway Safety Grant
Programs
Federal Railroad Administration
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 49 CFR parts 2018 2019
200, 207, 209,
and 210.
2..................... 49 CFR parts 2019 2020
211, 212, 213,
214, and 215.
3..................... 49 CFR parts 2020 2021
216, 217, 218,
219, and 220.
4..................... 49 CFR parts 2021 2022
221, 222, 223,
224, and 225.
5..................... 49 CFR parts 2022 2023
227, 228, 229,
230, and 231.
6..................... 49 CFR parts 2023 2024
232, 233, 234,
235, and 236.
7..................... 49 CFR parts 2024 2025
237, 238, 249,
240, and 241.
8..................... 49 CFR parts 2025 2026
242, 243, 244,
250, and 256.
9..................... 49 CFR parts 2026 2027
261, 262, 264,
266, and 268.
10.................... 49 CFR parts 2027 2028
269, 270, and
272.
------------------------------------------------------------------------
Year 5 (Fall 2022) List of Rules Analyzed and a Summary of Results
49 CFR part 227--Occupational Noise Exposure
[ssquf] Section 610: There is no SEISNOSE.
[ssquf] General: The main objective of the rule is to protect
the occupational health and safety of employees whose predominant
noise exposure occurs in the locomotive cab. Hearing loss is an
important issue in the railroad industry and there is a continuing
safety need for this rule. The rule prescribes minimum Federal
health and safety noise standards for locomotive cab occupants. This
rule does not restrict a railroad or railroad contractor from
adopting and enforcing additional or more stringent requirements.
FRA's plain language review of this rule indicates no need for
substantial revision.
49 CFR part 228--Hours of Service of Railroad Employees
[ssquf] Section 610: There is no SEISNOSE.
[ssquf] General: This rule prescribes reporting and
recordkeeping requirements regarding the hours of service of certain
railroad employees, railroad contractors and subcontractors and
establishes standards and procedures concerning the construction of
sleeping quarters. In general, this rule promotes the safety of
railroad operations and employees. FRA's plain language review of
this rule indicates no need for substantial revision.
49 CFR part 229--Railroad Locomotive Safety Standards
[ssquf] Section 610: There is a SEISNOSE.
[ssquf] General: Since the rule prescribes minimum Federal
safety standards for all locomotives except those propelled by steam
power, these regulations are necessary to achieve better and
effective compliance of railroad locomotive safety standards, and to
minimize the number of casualties. FRA's plain language review of
this rule indicates that there is no need for substantial revision.
49 CFR part 230--Steam Locomotive Inspection and Maintenance
Standards
[ssquf] Section 610: There is no SEISNOSE.
[ssquf] General: The rule prescribes minimum Federal safety
standards of inspection and maintenance for all steam locomotive
operated on railroads. These requirements are necessary to ensure
the protection and safety of railroad employees and the general
public, and to minimize the number of casualties. FRA's plain
language review of this rule indicates no need for substantial
revision.
49 CFR part 231--Railroad Safety Appliances Standards
Section 610: There is no SEISNOSE.
General: The rule provides for railroad safety
standards which are necessary to ensure the protection and safety of
railroad employees and public, and to minimize the number of
casualties. Small railroads generally purchase rail equipment that
has already been used in transportation by Class I and Class II
railroads. As a result, rail equipment used by small railroads is
often in compliance with part 231 standards at the time of
acquisition. In addition, small railroads are not substantially
affected by rail equipment maintenance costs that are associated
with part 231 requirements because most rail equipment repairs are
performed by Class I and Class II railroads and/or billed to the car
owner. Although part 231 may have some impact on small railroads,
FRA has deemed any such impact to be necessary to ensure uniform and
consistent equipment design requirements, which contribute to the
safety of railroad employees who work on or about the rail
equipment. FRA's plain language review of this rule indicates no
need for substantial revision.
Year 6 (Fall 2023) List of Rules(s) That Will Be Analyzed During This
Year
49 CFR part 232--Brake System Safety Standards for Freight and Other
Non-Passenger Trains and Equipment; End-of-Train Devices
49 CFR part 233--Signal Systems Reporting Requirements
49 CFR part 234--Grade Crossing Safety
49 CFR part 235--Instructions Governing Applications for Approval of
a Discontinuance or Material Modification of a Signal System or
Relief from the Requirements of Part 236
49 CFR part 236--Rules, Standards, and Instructions Governing the
Installation, Inspection, Maintenance, and Repair of
[[Page 9616]]
Signal and Train Control Systems, Devices, and Appliances
Federal Transit Administration
Section 610 and Other Reviews
The Regulatory Flexibility Act of 1980 (RFA), as amended
(sections 601 through 612 of title 5, United States Code), requires
Federal regulatory agencies to analyze all proposed and final rules
to determine their economic impact on small entities, which include
small businesses, organizations, and governmental jurisdictions.
Section 610 requires government agencies to periodically review all
regulations that will have a significant economic impact on a
substantial number of small entities (SEISNOSE).
In complying with this section, the Federal Transit
Administration (FTA) has elected to use the two-step, two-year
process used by most Department of Transportation (DOT) modes. As
such, FTA has divided its rules into 10 groups as displayed in the
table below. During the analysis year, the listed rules will be
analyzed to identify those with a SEISNOSE. During the review year,
each rule identified in the analysis year as having a SEISNOSE will
be reviewed in accordance with section 610(b) to determine if it
should be continued without change or changed to minimize the impact
on small entities.
------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 49 CFR parts 2018 2019
604, 605, and
624.
2..................... 49 CFR parts 609 2019 2020
and 640.
3..................... 49 CFR part 633. 2020 2021
4..................... 49 CFR part 611. 2021 2022
5..................... 49 CFR part 655. 2022 2023
6..................... 49 CFR parts 602 2023 2024
and 614.
7..................... 49 CFR parts 661 2024 2025
and 663.
8..................... 49 CFR parts 2025 2026
625, 630, and
665.
9..................... 49 CFR parts 2026 2027
613, 622, 670
and 674.
10.................... 49 CFR parts 2027 2028
650, 672 and
673.
------------------------------------------------------------------------
Year 5 (Fall 2022) List of Rules Analyzed and Summary of Results
49 CFR part 655--Prevention of Alcohol Misuse and Prohibited Drug
Use in Transit Operations
Section 610: FTA conducted a Section 610 review of 49
CFR part 655 and determined that it would not result in a SEISNOSE
within the meaning of the RFA. The regulation implements statutorily
required procedures for alcohol and controlled substance testing.
General: No changes are needed. FTA amended the
Prevention of Alcohol Misuse and Prohibited Drug Use in Transit
Operations regulation in 2023 (88 FR 27596) to include oral fluid
testing and to harmonize testing procedures with the Mandatory
Guidelines for Federal Workplace Drug Testing Programs Using Oral
Fluid established by the U.S. Department of Health and Human
Services.
The rule increases flexibility for small-entity transportation
employers and drug test collection sites by allowing them to use
oral fluid testing instead of urine testing to meet DOT testing
requirements. Accordingly, FTA determined that the rule would not
have a significant economic impact on a substantial number of small
entities.
Year 6 (Fall 2023) List of Rules To Be Analyzed This Year
49 CFR part 602--Emergency Relief
49 CFR part 614--Transportation Infrastructure Management
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 298 2021 2022
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 4 (2022) List of Rules Analyzed and Summary of Results
46 CFR 298--Vessel Financing Assistance
Section 610: There is no SEISNOSE.
General: MARAD has reviewed part 298 and found that
while it does not have SEISNOSE, it is necessary to amend the rule
to implement statutory changes and update the existing financial
requirements imposed on Title XI Program obligors to align with more
up-to-date vessel financing and federal credit best practices.
Accordingly, MARAD has initiated a rulemaking to amend the rule.
MARAD's rulemaking amending part 298 will include plain language
revisions.
Year 5 (2023) List of Rules Analyzed and Summary of Results
46 CFR part 307--Mandatory Position Report System for Vessels
Section 307: There is no SEISNOSE.
General: No changes are needed. MARAD's plain language
review of this rule indicated no need for substantial revision.
46 CFR part 308--War Risk Insurance
Section 610: There is no SEISNOSE.
General: No changes are needed. MARAD's plain language
review of this rule indicated no need for substantial revision.
46 CFR part 309--War Risk Ship Valuation
Section 610: There is no SEISNOSE.
General: No changes are needed. MARAD's plain language
review of this rule indicated no need for substantial revision.
Year 6 (2024) List of Rules With Ongoing Analysis
46 CFR part 310--Merchant Marine Training
Pipeline and Hazardous Materials Safety Administration (PHMSA)
Section 610 and Other Reviews
[[Page 9617]]
------------------------------------------------------------------------
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 5 (Fall 2023) List of Rules Analyzed and a Summary of Results
49 CFR part 106--RULEMAKING PROCEDURES
49 CFR part 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
49 CFR part 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
Section 610: PHMSA conducted a review of these parts
and found no SEISNOSE.
General: PHMSA has reviewed these parts and found that
while these parts do not have SEISNOSE, they could be revised to
reflect new technologies and updated to reflect current practices.
Therefore, PHMSA has initiated rulemakings that--where necessary--
revise portions of parts 106, 107, and 171. Otherwise, PHMSA's plain
language review of these parts indicates no need for substantial
revision. Where confusing or ambiguous language has been identified,
PHMSA plans to propose or finalize revisions by way of rulemakings.
As an example, the ``Hazardous Materials: Advancing Safety of
Modal Specific Provisions'' (2137-AF41) rulemaking action is part of
PHMSA's response to clarify current regulatory requirements and
address public comments. This rulemaking also proposes to address a
variety of petitions for rulemaking, specific to modal stakeholders,
and other issues identified by PHMSA during its regulatory review.
The impact that the 2137-AF41 rulemaking will have on small entities
is not expected to be significant. The rulemaking is based on
PHMSA's initiatives and correspondence with the regulated community,
as well as PHMSA's consultation with its modal partners, including
FMCSA, FRA, and the United States Coast Guard (USCG). The proposed
amendments are expected to result in an overall net cost savings and
ease the regulatory compliance burden for small entities, shippers,
carriers, manufacturers, and requalifiers, specifically those modal-
specific packaging and requalification requirements. This rulemaking
is one example of PHMSA's review of rulemakings which ensures that
our rules do not have a significant economic impact on a substantial
number of small entities.
For a second example, the ``Hazardous Materials: Harmonization
With International Standards'' (2137-AF57) 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-AF57 rulemaking
will have on small entities is not expected to be significant. The
rulemaking will clarify provisions based on PHMSA's initiatives and
correspondence with the regulated community and domestic and
international stakeholders, which helps promote safety through
increased regulatory compliance. The changes are generally intended
to provide relief and, as a result, positive economic benefits to
shippers, carriers, and packaging manufacturers and testers,
including small entities. This rulemaking is expected to lead to
both economic and safety benefits. The amendments are expected to
result in net benefits for shippers engaged in domestic and
international commerce, including trans-border shipments within
North America. Additionally, the effective changes of this
rulemaking will relieve U.S. companies, including small entities
competing in foreign markets, from the burden of complying with a
dual system of regulations. This rulemaking is a second example of
PHMSA's review of rulemakings which helps ensure that the HMR do not
have a significant economic impact on a substantial number of small
entities.
49 CFR part 190--PIPELINE SAFETY ENFORCEMENT AND REGULATORY
PROCEDURES
Section 610: PHMSA conducted a review of this part and
found no SEISNOSE.
General: No changes are needed.
49 CFR part 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE
Section 610: PHMSA conducted a review of this part and
found no SEISNOSE. However, PHMSA conducts regular regulatory
reviews to ensure that the Office of Pipeline Safety regulations
keep up to date with new technologies and to be responsive to
petitions, mandates, recommendations, and safety issues. When
necessary, PHMSA's Office of Pipeline Safety proposes amendments to
provide relief to small businesses by clarifying and updating its
regulations. Additionally, PHMSA's Office of Pipeline Safety
regularly incorporates voluntary consensus standards--which are
reviewed by committees representing government, industry, and
material manufacturers--as a part of its rulemaking activities.
Year 6 (Fall 2024) List of Rules That Will Be Analyzed During the Next
Year
49 CFR part 174--CARRIAGE BY RAIL
49 CFR part 177--CARRIAGE BY PUBLIC HIGHWAY
49 CFR part 199--DRUG AND ALCOHOL TESTING
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).
[[Page 9618]]
Year 1 (Fall 2018) List of Rules That Will Be Analyzed During the Next
Year
33 CFR part 401--Seaway Regulations and Rules
33 CFR part 402--Tariff of Tolls
33 CFR part 403--Rules of Procedure of the Joint Tolls Review Board
Office of the Secretary--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
396....................... Refunding Airline Tickets 2105-AF04
Ancillary Service Fees.
------------------------------------------------------------------------
Federal Aviation Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
397....................... Drug and Alcohol Testing 2120-AK09
of Certain Maintenance
Provider Employees
Located Outside of the
United States.
398....................... Requirements to File 2120-AK77
Notice of Construction of
Meteorological Evaluation
Towers and Other
Renewable Energy Projects
(Section 610 Review).
------------------------------------------------------------------------
Federal Aviation Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
399....................... Registration and Marking 2120-AK82
Requirements for Small
Unmanned Aircraft.
------------------------------------------------------------------------
Federal Aviation Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
400....................... Regulation Of Flight 2120-AJ78
Operations Conducted By
Alaska Guide Pilots.
401....................... Applying the Flight, Duty, 2120-AK26
and Rest Requirements to
Ferry Flights That Follow
Commuter or On-Demand
Operations (FAA
Reauthorization).
402....................... Aircraft Registration and 2120-AK37
Airmen Certification Fees.
403....................... Helicopter Air Ambulance 2120-AK57
Pilot Training and
Operational Requirements
(HAA II) (FAA
Reauthorization).
------------------------------------------------------------------------
Federal Motor Carrier Safety Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
404....................... Self-Insurance Program 2126-AC58
Cost Recovery (Section
610 Review).
------------------------------------------------------------------------
Federal Motor Carrier Safety Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
405....................... Safety Monitoring System 2126-AA35
and Compliance Initiative
for Mexico-Domiciled
Motor Carriers Operating
in the United States.
------------------------------------------------------------------------
Federal Railroad Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
406....................... Positive Train Control 2130-AC95
Systems (Section 610
Review).
------------------------------------------------------------------------
Federal Railroad Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
407....................... Train Crew Staffing....... 2130-AC88
------------------------------------------------------------------------
[[Page 9619]]
Saint Lawrence Seaway Development Corporation--Prerule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
408....................... Seaway Regulations and 2135-AA55
Rules: Periodic Update,
Various Categories
(Completion of a Section
610 Review).
409....................... Tariff of Tolls 2135-AA56
(Completion of a Section
610 Review).
------------------------------------------------------------------------
Pipeline and Hazardous Materials Safety Administration--Proposed Rule
Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
410....................... Pipeline Safety: Gas 2137-AF51
Pipeline Leak Detection
and Repair.
411....................... Pipeline Safety: Pipeline 2137-AF52
Operational Status.
412....................... Pipeline Safety: Safety of 2137-AF53
Gas Distribution
Pipelines and Other
Pipeline Safety
Initiatives.
------------------------------------------------------------------------
Maritime Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
413....................... Cargo Preference--U.S. 2133-AB97
Flag Vessels Regulatory
Update (Section 610
Review).
------------------------------------------------------------------------
Maritime Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
414....................... Amendment to the Federal 2133-AB98
Ship Financing Program
Regulations; Financial
Requirements (Section 610
Review).
415....................... Establishing Safe and 2133-AB99
Secure Merchant Marine
Training (Section 610
Review).
------------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION (DOT)
Office of the Secretary (OST)
Final Rule Stage
396. Refunding Airline Tickets Ancillary Service Fees [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. This rulemaking is informed by
feedback received at four public meetings: three meetings of the
Aviation Consumer Protection Advisory Committee on August 22, 2022,
December 8, 2022, and January 12, 2023, and one public hearing on March
21, 2023. The docket for this rule was also open to public comment
submission for approximately 130 days.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/22/22 87 FR 51550
NPRM Comment Period End............. 03/28/23
Final Rule.......................... 02/00/24
------------------------------------------------------------------------
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)
Federal Aviation Administration (FAA)
Proposed Rule Stage
397. 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
[[Page 9620]]
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 rulemaking is a
statutory mandate under section 308(d) of the FAA Modernization and
Reform Act of 2012 (Pub. L. 112-95).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 03/17/14 79 FR 14621
Comment Period Extended............. 05/01/14 79 FR 24631
ANPRM Comment Period End............ 05/16/14
Comment Period End.................. 07/17/14
NPRM................................ 12/00/23
------------------------------------------------------------------------
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
398. Requirements To File Notice of Construction of Meteorological
Evaluation Towers and Other Renewable Energy Projects (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:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Juan Yanguas, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591, Phone: 202 267-1082, Email: [email protected].
RIN: 2120-AK77
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Final Rule Stage
399. Registration and Marking Requirements for Small Unmanned Aircraft
[2120-AK82]
Legal Authority: 49 U.S.C. 106(f), 49 U.S.C. 41703, 44101 to 44106,
44110 to 44113, and 44701
Abstract: This rulemaking would provide an alternative, streamlined
and simple, web-based aircraft registration process for the
registration of small, unmanned aircraft, including small unmanned
aircraft operated 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
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Long-Term Actions
400. 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 U.S.C. 47528 to 47531; Articles 12
and 29 of 61 Statue 1180; P.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
401. 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.
[[Page 9621]]
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
402. Aircraft Registration and Airmen Certification Fees [2120-AK37]
Legal Deadline: 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
------------------------------------------------------------------------
Next Action Undetermined............ 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
403. 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) 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 Avenue SW,
Washington, DC 20591, Phone: 202 267-4552, Email:
[email protected].
RIN: 2120-AK57
BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Motor Carrier Safety Administration (FMCSA)
Proposed Rule Stage
404. 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................................ 10/00/24
------------------------------------------------------------------------
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
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Motor Carrier Safety Administration (FMCSA)
Long-Term Actions
405. 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
[[Page 9622]]
evaluate the continuing safety fitness of all Mexico-domiciled carriers
within 18 months after receiving a provisional Certificate of
Registration or provisional authority to operate in the United States.
It also would establish suspension and revocation procedures for
provisional Certificates of Registration and operating authority, and
incorporate criteria to be used by FMCSA in evaluating whether Mexico-
domiciled carriers exercise basic safety management controls. The
interim rule included requirements that were not proposed in the NPRM
but which are necessary to comply with the FY-2002 DOT Appropriations
Act. On January 16, 2003, the Ninth Circuit Court of Appeals remanded
this rule, along with two other NAFTA-related rules, to the agency,
requiring a full environmental impact statement and an analysis
required by the Clean Air Act. On June 7, 2004, the Supreme Court
reversed the Ninth Circuit and remanded the case, holding that FMCSA is
not required to prepare the environmental documents. FMCSA originally
planned to publish a final rule by November 28, 2003.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/03/01 66 FR 22415
NPRM Comment Period End............. 07/02/01
Interim Final Rule.................. 03/19/02 67 FR 12758
Interim Final Rule Comment Period 04/18/02
End.
Interim Final Rule Effective........ 05/03/02
Notice of Intent to Prepare an EIS.. 08/26/03 68 FR 51322
EIS Public Scoping Meetings......... 10/08/03 68 FR 58162
Next Action Undetermined............
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Crystal E. Williams, Department of Transportation,
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590, Phone: 202 366-0596, Email:
[email protected].
RIN: 2126-AA35
BILLING CODE 4910-EX-P
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Railroad Administration (FRA)
Proposed Rule Stage
406. Positive Train Control Systems (Section 610 Review)
[2130-AC95]
Legal Authority: 49 U.S.C. 20157; 49 U.S.C. 20103
Abstract: This rulemaking will amend FRA's PTC regulations--Title
49 Code of Federal Regulations (CFR) part 236, subpart I--to accomplish
two objectives: (1) Improve FRA's oversight of the performance of PTC
technology by clarifying and expanding certain reporting requirements,
and (2) provide a clear framework under which railroads may safely
operate without PTC technology, subject to operating restrictions and
other requirements, in certain necessary situations.
FRA has found that its existing PTC regulations do not provide
sufficient flexibility to railroads to continue operating following
initialization failures or in cases where a PTC system needs to be
temporarily disabled during repair, maintenance, infrastructure
upgrades, or capital projects. Previously, FRA's regulations provided
railroads with flexibility that expired on December 31, 2022, and this
rulemaking will reintroduce a certain flexibility regarding
initialization failures, establish additional parameters and operating
restrictions under which railroads may continue to operate safely, and
codify an existing process for FRA's approval of temporary PTC system
outages related to repair, maintenance, infrastructure upgrades, and
capital projects.
In addition, this rulemaking will create a new exception to permit
non-revenue passenger trains to operate to yards or maintenance
facilities, without being governed by PTC technology, under certain
conditions.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
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NPRM................................ 01/00/24
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Regulatory Flexibility Analysis Required: Undetermined.
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-AC95
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Railroad Administration (FRA)
Final Rule Stage
407. Train Crew Staffing [2130-AC88]
Legal Authority: 49 CFR 1.89(a); 49 U.S.C. 20103
Abstract: This rulemaking would address the potential safety impact
of one-person train operations, including appropriate measures to
mitigate an accident's impact and severity, and the patchwork of State
laws concerning minimum crew staffing requirements. This rulemaking
would address the issue of minimum requirements for the size of train
crews, depending on the type of operations. In an effort to encourage
public participation, FRA extended the comment period from 60 to 146
days and held a public hearing on December 14, 2022.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/28/22 87 FR 45564
NPRM Comment Period End............. 12/21/22
Final Rule.......................... 03/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Amanda Maizel, Attorney-Adviser, Department of
Transportation, Federal Railroad Administration, 1200 New Jersey Avenue
SE, Washington, DC 20590, Phone: 202 493-8014, Email:
[email protected].
RIN: 2130-AC88
BILLING CODE 4910-06-P
DEPARTMENT OF TRANSPORTATION (DOT)
Saint Lawrence Seaway Development Corporation (SLSDC)
Prerule Stage
408. Seaway Regulations and Rules: Periodic Update, Various
Categories (Completion of a Section 610 Review) [2135-AA55]
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
[[Page 9623]]
amending the joint regulations by updating the Regulations and Rules in
various categories.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 02/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Carrie Lynn Lavigne, Chief Counsel, Department of
Transportation, Saint Lawrence Seaway Development Corporation, Great
Lakes Street, Lawrence Seaway Development Corporation (GLS), 1200 New
Jersey Avenue SW, Washington, DC 20590, Phone: 315 764-3231, Email:
[email protected].
RIN: 2135-AA55
409. Tariff of Tolls (Completion of a Section 610 Review)
[2135-AA56]
Legal Authority: 33 U.S.C. 918 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
------------------------------------------------------------------------
ANPRM............................... 02/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Carrie Lynn Lavigne, Chief Counsel, Department of
Transportation, Saint Lawrence Seaway Development Corporation, Great
Lakes Street, Lawrence Seaway Development Corporation (GLS), 1200 New
Jersey Avenue SW, Washington, DC 20590, Phone: 315 764-3231, Email:
[email protected].
RIN: 2135-AA56
BILLING CODE 4910-61-P
DEPARTMENT OF TRANSPORTATION (DOT)
Pipeline and Hazardous Materials Safety Administration (PHMSA)
Proposed Rule Stage
410. 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. PHMSA hosted a public
meeting covering gas pipeline leak detection and repair on May 5 and
May 6, 2021, and has scheduled a Gas Pipeline Advisory Committee
meeting to discuss the NPRM for November 27 through December 1, 2023.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/18/23 88 FR 31890
NPRM Comment Period End............. 08/16/23
Analyzing Comments.................. 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, Washington, DC 20590, Phone: 202 366-0559, Email:
[email protected].
RIN: 2137-AF51
411. 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
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NPRM................................ 02/00/24
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Anna Setzer, Transportation Specialist, Department
of Transportation, Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, Phone:
202 366-4098, Email: [email protected].
RIN: 2137-AF52
412. 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................................ 09/07/23 88 FR 61746
NPRM Comment Period End............. 11/06/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ashlin Bollacker, Transportation Specialist,
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
BILLING CODE 4910-60-P
DEPARTMENT OF TRANSPORTATION (DOT)
Maritime Administration (MARAD)
Proposed Rule Stage
413. Cargo Preference--U.S. Flag Vessels Regulatory Update (Section 610
Review) [2133-AB97]
Legal Authority: FY23 NDAA, Pub. L. 117-263; 46 U.S.C. 55305; 49
CFR 1.93(a)
Abstract: The purpose of this rulemaking is to respond to a
statutory directive in section 3502 of the National Defense
Authorization Act for Fiscal Year 2023 (FY23 NDAA) requiring
[[Page 9624]]
MARAD to issue a final rule to implement and enforce the cargo
preference requirements in 46 U.S.C. 55305(d).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
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NPRM................................ 06/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Agency Contact: Thomas Mitchell Hudson, Department of
Transportation, Maritime Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590, Phone: 202 366-9373, Email: [email protected].
RIN: 2133-AB97
DEPARTMENT OF TRANSPORTATION (DOT)
Maritime Administration (MARAD)
Final Rule Stage
414. Amendment to the Federal Ship Financing Program Regulations;
Financial Requirements (Section 610 Review) [2133-AB98]
Legal Authority: National Defense Authorization Act for Fiscal Year
2020, Pub. L. 116-92; 46 U.S.C. ch. 537; 49 CFR 1.93(a)
Abstract: The proposed rule is intended to update the lending
parameters in the current regulations, which no longer best achieve the
intended purpose of minimizing the risk of Title XI Program defaults,
and to better align the lending practices to reflect Federal credit and
maritime lending best practices. MARAD expects that the proposed
regulations will reduce the economic burden on applicants in complying
with Title XI Program requirements that are inconsistent with other
lending instruments. MARAD also expects that the updated lending
parameters could encourage the construction of vessels in United States
shipyards which otherwise would not meet the current constrained Title
XI Program financial requirements.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/25/23 88 FR 24962
NPRM Comment Period End............. 06/26/23
Final Rule.......................... 12/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Mitch Hudson, Attorney, Department of
Transportation, Maritime Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590, Phone: 202 366-9373, Email: [email protected].
RIN: 2133-AB98
415. Establishing Safe and Secure Merchant Marine Training (Section 610
Review) [2133-AB99]
Legal Authority: FY23 NDAA, Pub. L. 117-263; 46 U.S.C. ch. 513; 49
CFR 1.93(a)
Abstract: The purpose of this regulation is to improve the safety
and efficiency of the United States merchant marine through the
prevention of, and response to, sexual harassment, dating violence,
domestic violence, and sexual assault onboard vessels on which merchant
marine cadets are embarked for training purposes.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Action........................ 01/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Agency Contact: Thomas Mitchell Hudson, Department of
Transportation, Maritime Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590, Phone: 202 366-9373, Email: [email protected].
RIN: 2133-AB99
[FR Doc. 2024-00449 Filed 2-8-24; 8:45 am]
BILLING CODE 4910-81-P