E9-28604. [No title available]

[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Rules and Regulations]
[Pages 64469-64492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28604]


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Part XI





Department of Transportation





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Semiannual Regulatory Agenda

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DEPARTMENT OF TRANSPORTATION (DOT)






_______________________________________________________________________

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

OST Docket 99-5129

Department Regulatory Agenda; Semiannual Summary

AGENCY: Office of the Secretary, DOT.

ACTION: Semiannual regulatory agenda.

_______________________________________________________________________

SUMMARY: The regulatory agenda is a semiannual summary of all current 
and projected rulemakings, reviews of existing regulations, and 
completed actions of the Department. The agenda provides the public 
with information about the Department of Transportation's regulatory 
activity. It is expected that this information will enable the public 
to be more aware of and allow it to more effectively participate in the 
Department's regulatory activity. The public is also invited to submit 
comments on any aspect of this agenda.

FOR FURTHER INFORMATION CONTACT: 

General

    You should direct all comments and inquiries on the agenda in 
general to Neil R. Eisner, Assistant General Counsel for Regulation 
and Enforcement, Department of Transportation, 1200 New Jersey 
Avenue SE., Washington, DC 20590, [phone].

Specific

    You should direct all comments and inquiries on particular 
items in the agenda to the individual listed for the regulation or 
the general rulemaking contact person for the operating 
administration in Appendix B. Individuals who use a 
telecommunications device for the deaf (TDD) may call (202) 755-
7687.

Table of Contents

Supplementary Information:

Background
Significant/Priority Rulemakings
Explanation of Information on the Agenda
Request for Comments
Purpose
Appendix A-Instructions for Obtaining Copies of Regulatory Documents
Appendix B-General Rulemaking Contact Persons
Appendix C-Public Rulemaking Dockets
Appendix D-Review Plans for Section 610 and Other Requirements Agenda

SUPPLEMENTARY INFORMATION: 

Background

    Improvement of our regulations is a prime goal of the 
Department of Transportation (Department or DOT). There should be 
no more regulations than necessary, and those that are issued 
should be simpler, more comprehensible, and less burdensome. 
Regulations should not be issued without appropriate involvement of 
the public; once issued, they should be periodically reviewed and 
revised, as needed, to assure that they continue to meet the needs 
for which they originally were designed. To view additional 
information about the Department of Transportation's regulatory 
activities online, go to http://regs.dot.gov.

    To help the Department achieve these goals and in accordance 
with Executive Order 12866 ``Regulatory Planning and Review'' (58 
FR 51735; October 4, 1993) and the Department's Regulatory Policies 
and Procedures (44 FR 11034; February 26, 1979), the Department 
prepares a semiannual regulatory agenda. It summarizes all current 
and projected rulemaking, reviews of existing regulations, and 
completed actions of the Department. These are matters on which 
action has begun or is projected during the succeeding 12 months or 
such longer period as may be anticipated or for which action has 
been completed since the last agenda.

    The agendas are based on reports submitted by the offices 
initiating the rulemaking and are reviewed by the Department 
Regulations Council. The Department's last agenda was published in 
the Federal Register on May 11, 2009 (74 FR 21970). The next one is 
scheduled for publication in the Federal Register in May 2010.

    The Internet is the basic means for disseminating the Unified 
Agenda. The complete Unified Agenda is available online at 
www.reginfo.gov, in a format that offers users a greatly enhanced 
ability to obtain information from the Agenda database.

    Because publication in the Federal Register is mandated for the 
regulatory flexibility agendas required by the Regulatory 
Flexibility Act (5 U.S.C. 602), DOT's printed agenda entries 
include only:

1. The Agency's agenda preamble;

2. Rules that are in the Agency's regulatory flexibility agenda, in 
accordance with the Regulatory Flexibility Act, because they are likely 
to have a significant economic impact on a substantial number of small 
entities; and

3. Any rules that the Agency has identified for periodic review under 
section 610 of the Regulatory Flexibility Act.

    Printing of these entries is limited to fields that contain 
information required by the Regulatory Flexibility Act's Agenda 
requirements. These elements are: Sequence Number; Title; Section 
610 Review, if applicable; Legal Authority; Abstract; Timetable; 
Regulatory Flexibility Analysis Required; Agency Contact; and 
Regulation Identifier Number (RIN). Additional information (for 
detailed list see section heading ``Explanation of Information on 
the Agenda'') on these entries is available in the Unified Agenda 
published on the Internet.

Significant/Priority Rulemakings

    The agenda covers all rules and regulations of the Department. 
We have classified rules as a DOT agency priority in the agenda if 
they are, essentially, very costly, controversial, or of 
substantial public interest under our Regulatory Policies and 
Procedures. All DOT agency priority rulemaking documents are 
subject to review by the Secretary of Transportation. If the Office 
of Management and Budget (OMB) decides a rule is subject to its 
review under Executive Order 12866, we have classified it as 
significant in the agenda.

Explanation of Information on the Agenda

    The format for this agenda is required by a fall 2009 
memorandum from the Office of Management and Budget.

    First, the agenda is divided by initiating offices. Then, the 
agenda is divided into five categories: (1) Prerule stage, (2) 
proposed rule stage, (3) final rule stage, (4) long-term actions, 
and (5)

[[Page 64471]]

completed actions. For each entry, the agenda provides the 
following information: (1) Its ``significance''; (2) a short 
descriptive title; (3) its legal basis; (4) the related regulatory 
citation in the Code of Federal Regulations; (5) any legal deadline 
and, if so, for what action (e.g., NPRM, final rule); (6) an 
abstract; (7) a timetable, including the earliest expected date for 
a decision on whether to take the action; (8) whether the 
rulemaking will affect small entities and/or levels of government 
and, if so, which categories; (9) whether a Regulatory Flexibility 
Act (RFA) analysis is required (for rules that would have a 
significant economic impact on a substantial number of small 
entities); (10) a listing of any analyses an office will prepare or 
has prepared for the action (With minor exceptions, DOT requires an 
economic analysis for all its rulemakings.); (11) an agency contact 
office or official who can provide further information; (12) a 
Regulation Identifier Number (RIN) assigned to identify an 
individual rulemaking in the agenda and facilitate tracing further 
action on the issue; (13) whether the action is subject to the 
Unfunded Mandates Reform Act; (14) whether the action is subject to 
the Energy Act; and (15) whether the action is major under the 
congressional review provisions of the Small Business Regulatory 
Enforcement Fairness Act. If there is information that does not fit 
in the other categories, it will be included under a separate 
heading entitled ``Additional Information.''

    For nonsignificant regulations issued routinely and frequently 
as a part of an established body of technical requirements (such as 
the Federal Aviation Administration's Airspace Rules), to keep 
those requirements operationally current, we only include the 
general category of the regulations, the identity of a contact 
office or official, and an indication of the expected number of 
regulations; we do not list individual regulations.

    In the ``Timetable'' column, we use abbreviations to indicate 
the particular documents being considered. ANPRM stands for Advance 
Notice of Proposed Rulemaking, SNPRM for Supplemental Notice of 
Proposed Rulemaking, and NPRM for Notice of Proposed Rulemaking. 
Listing a future date in this column does not mean we have made a 
decision to issue a document; it is the earliest date on which we 
expect to make a decision on whether to issue it. In addition, 
these dates are based on current schedules. Information received 
subsequent to the issuance of this agenda could result in a 
decision not to take regulatory action or in changes to proposed 
publication dates. For example, the need for further evaluation 
could result in a later publication date; evidence of a greater 
need for the regulation could result in an earlier publication 
date.

    Finally, a dot () preceding an entry indicates that the 
entry appears in the agenda for the first time.

Request for Comments
General

    Our agenda is intended primarily for the use of the public. 
Since its inception, we have made modifications and refinements 
that we believe provide the public with more helpful information, 
as well as make the agenda easier to use. We would like you, the 
public, to make suggestions or comments on how the agenda could be 
further improved.

Reviews

    We also seek your suggestions on which of our existing 
regulations you believe need to be reviewed to determine whether 
they should be revised or revoked. We particularly draw your 
attention to the Department's review plan in Appendix D.

Regulatory Flexibility Act

    The Department is especially interested in obtaining 
information on requirements that have a ``significant economic 
impact on a substantial number of small entities'' and, therefore, 
must be reviewed under the Regulatory Flexibility Act. If you have 
any suggested regulations, please submit them to us, along with 
your explanation of why they should be reviewed.

    In accordance with the Regulatory Flexibility Act, comments are 
specifically invited on regulations that we have targeted for 
review under section 610 of the Act. The phrase (Section 610 
Review) appears at the end of the title for these reviews. Please 
see Appendix D for the Department's section 610 review plans.

Federalism

    Executive Order 13132 requires us to develop an accountable 
process to ensure ``meaningful and timely input by State and local 
officials in the development of regulatory policies that have 
federalism implications.'' ``Policies that have federalism 
implications'' are defined in the Executive order to include 
regulations that have substantial direct effects on the States, on 
the relationship between the National Government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Therefore, we encourage State and local 
governments to provide us with information about how the 
Department's rulemakings impact them.

Purpose

    The Department is publishing this regulatory agenda in the 
Federal Register to share with interested members of the public the 
Department's preliminary expectations regarding its future 
regulatory actions. This should enable the public to be more aware 
of the Department's regulatory activity and should result in more 
effective public participation. This publication in the Federal 
Register does not impose any binding obligation on the Department 
or any of the offices within the Department with regard to any 
specific item on the agenda. Regulatory action, in addition to the 
items listed, is not precluded.

Dated: October 19, 2009.

 Ray LaHood,

Secretary of Transportation.
Appendix A--Instructions for Obtaining Copies of Regulatory Documents

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

    Federal Highway Administration (FHWA)

    Jennifer Outhouse, Federal Highway Administration, 1200 New 
Jersey Avenue SE., Washington, DC 20590.

Federal Motor Carrier Safety Administration (FMCSA)

    LaKisha Pearson, Federal Motor Carrier Safety Administration, 
1200 New Jersey Avenue SE., Washington, DC 20590.

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Federal Railroad Administration (FRA)

    Michelle Silva, Docket Clerk, Federal Railroad Administration, 
1200 New Jersey Avenue SE., Room W31-109, Washington, DC 20590; 
telephone [phone].

National Highway Traffic Safety Administration (NHTSA)

    (Name of contact person), National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590.

Federal Transit Administration (FTA)

    (Name of contact person), Federal Transit Administration, 1200 
New Jersey Avenue SE., Washington, DC 20590.

Saint Lawrence Seaway Development Corporation (SLSDC)

    (Name of contact person), Saint Lawrence Seaway Development 
Corporation, 1200 New Jersey Avenue SE., Washington, DC 20590.

Pipeline and Hazardous Materials Safety Administration (PHMSA)

    (Name of contact person), Pipeline and Hazardous Materials 
Safety Administration (PHMSA), 1200 New Jersey Avenue SE., 
Washington, DC 20590.

Maritime Administration (MARAD)

    Kimberly Lewis, Maritime Administration, 1200 New Jersey Avenue 
SE., Washington, DC 20590, [phone].

The Research and Innovative Technology Administration (RITA)

    (Name of contact person), The Research and Innovative 
Technology Administration (RITA),1200 New Jersey Avenue SE., 
Washington, DC 20590.

Federal Aviation Administration (FAA)

    To obtain a copy of a specific Federal Aviation Administration 
(FAA) regulatory document in the agenda, you should communicate 
directly with the contact person listed with the regulation at the 
address or telephone number listed; access the FAA's Regulations 
and Policies web page at http://www.faa.gov/regulations--policies/; 
call [phone]; or write to us at Federal Aviation 
Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591.

Office of the Secretary (OST)

    To obtain a copy of a specific regulatory document or to 
receive future copies of the Department's regulatory agenda write 
to: Assistant General Counsel for Regulation and Enforcement, C-50, 
Office of the General Counsel, Department of Transportation, 1200 
New Jersey Avenue SE., Washington, DC 20590, [phone].

Appendix B--General Rulemaking Contact Persons

    The following is a list of persons who can be contacted within 
the Department for general information concerning the rulemaking 
process within the various operating administrations.

    FAA - Rebecca MacPherson, Office of Chief Counsel, Regulations 
and Enforcement Division, 800 Independence Avenue SW., Room 915A, 
Washington, DC 20591; telephone [phone].

    FHWA - Jennifer Outhouse, Office of Chief Counsel, 1200 New 
Jersey Avenue SE., Washington, DC 20590; telephone [phone].

    FMCSA - Steven J. LaFreniere, Regulatory Ombudsman, 1200 New 
Jersey Avenue SE., Washington, DC 20590; telephone [phone].

    NHTSA - Steve Wood, Office of Chief Counsel, 1200 New Jersey 
Avenue SE., Washington, DC 20590; telephone [phone].

    FRA - Kathryn Shelton, Office of Chief Counsel, 1200 New Jersey 
Avenue SE., Room W31-214, Washington, DC 20590; telephone (202) 
493-6063.

    FTA - Linda Lasley, Office of Chief Counsel, 1200 New Jersey 
Avenue SE., Room E56-202, Washington, DC 20590; telephone (202) 
366-4063.

    SLSDC - Carrie Mann Lavigne, Chief Counsel, 1200 New Jersey 
Avenue SE., Washington, DC 20590; telephone [phone].

    PHMSA - Patricia Burke, Office of Chief Counsel, 1200 New 
Jersey Avenue SE., Washington, DC 20590; telephone [phone].

    MARAD - Christine Gurland, Office of Chief Counsel, Maritime 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590; 
telephone [phone].

    RITA - Robert Monniere, Office of Chief Counsel, 1200 New 
Jersey Avenue SE., Washington, DC 20590; telephone [phone].

    OST - Neil Eisner, Office of Regulation and Enforcement, 1200 
New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-
4723.

Appendix C--Public Rulemaking Dockets

    All comments via the Internet are submitted through the Federal 
Docket Management System (FDMS) at the following address: http://
www.regulations.gov. The FDMS allows the public to search, view, 
download, and comment on all Federal agency rulemaking documents in 
one central online system. The above referenced Internet address 
also allows the public to sign up to receive notification when 
certain documents are placed in the dockets.

    The public also may review regulatory dockets at, or deliver 
comments on proposed rulemakings to, the Dockets Office at 1200 New 
Jersey Avenue SE., Room W12-140, Washington, DC 20590, 1-800-647-
5527. Working Hours: 9-5.

Appendix D--Review Plans for Section 610 and Other Requirements
Part I - The Plan
General

    The Department of Transportation has long recognized the 
importance of regularly reviewing its existing regulations to 
determine whether they need to be revised or revoked. Our 1979 
Regulatory Policies and Procedures require such reviews. We also 
have responsibilities under Executive Order 12866 ``Regulatory 
Planning and Review'' and section 610 of the Regulatory Flexibility 
Act to conduct such reviews. This includes the use of plain 
language techniques in new rules and considering its use in 
existing rules when we have the opportunity and resources permit 
its use. We are committed to continuing our reviews of existing 
rules and, if needed, will initiate rulemaking actions based on 
these reviews.

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'' (SEIOSNOSE). 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

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section 610 of the Regulatory Flexibility Act.

Other Review Plan(s)

    All elements of the Department, except for the Federal Aviation 
Administration (FAA), have also elected to use this 10-year plan 
process to comply with the review requirements of the Department's 
Regulatory Policies and Procedures and Executive Order 12866.

Changes to the Review Plan

    Some reviews may be conducted earlier than scheduled. For 
example, to the extent resources permit, the plain language reviews 
will be conducted more quickly. Other events, such as accidents, 
may result in the need to conduct earlier reviews of some rules. 
Other factors may also result in the need to make changes; for 
example, we may make changes in response to public comment on this 
plan or in response to a Presidentially mandated review. If there 
is any change to the review plan, we will note the change in the 
following agenda. For any section 610 review, we will provide the 
required notice prior to the review.

Part II - The Review Process
The Analysis

    Generally, the agencies have divided their rules into 10 
different groups and plan to analyze one group each year. For 
purposes of these reviews, a year will coincide with the fall-to-
fall schedule for publication of the agenda. Thus, Year 1 (2008) 
begins in the fall of 2008 and ends in the fall of 2009; Year 2 
(2009) begins in the fall of 2009 and ends in the fall of 2010; and 
so on. We request public comment on the timing of the reviews. For 
example, is there a reason for scheduling an analysis and review 
for a particular rule earlier than we have? Any comments concerning 
the plan or particular analyses should be submitted to the 
regulatory contacts listed in Appendix B, General Rulemaking 
Contact Persons.

Section 610 Review

    The Agency will analyze each of the rules in a given year's 
group to determine whether any rule has a SEIOSNOSE and, thus, 
requires review in accordance with section 610 of the Regulatory 
Flexibility Act. The level of analysis will, of course, depend on 
the nature of the rule and its applicability. Publication of 
agencies' section 610 analyses listed each fall in this agenda 
provides the public with notice and an opportunity to comment 
consistent with the requirements of the Regulatory Flexibility Act. 
We request that public comments be submitted to us early in the 
analysis year concerning the small entity impact of the rules to 
help us in making our determinations.

    In each fall agenda, the Agency will publish the results of the 
analyses it has completed during the previous year. For rules that 
had a negative finding on SEIOSNOSE, 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 SEIOSNOSE, we will announce that we will be 
conducting a formal section 610 review during the following 12 
months. At this stage, we will add an entry to the Agenda in the 
prerulemaking section describing the review in more detail. We also 
will seek public comment on how best to lessen the impact of these 
rules and provide a name or docket to which public comments can be 
submitted. In some cases, the section 610 review may be part of 
another unrelated review of the rule. In such a case, we plan to 
clearly indicate which parts of the review are being conducted 
under section 610.

Other Reviews

    The Agency will also examine the specified rules to determine 
whether any other reasons exist for revising or revoking the rule 
or for rewriting the rule in plain language. In each fall agenda, 
the Agency will also publish information on the results of the 
examinations completed during the previous year.

    The FAA, in addition to reviewing its rules in accordance with 
the Section 610 Review Plan, has established a tri-annual process 
to comply with the review requirements of the Department's 
Regulatory Policies and Procedures, Executive Order 12866, and 
Plain Language Review Plan. The FAA's latest review notice was 
published November 15, 2007 (72 FR 64170). In that notice, the FAA 
requested comments from the public to identify those regulations 
currently in effect that it should amend, remove, or simplify. The 
FAA also requested the public provide any specific suggestions 
where rules could be developed as performance-based rather than 
prescriptive, and any specific plain-language that might be used, 
and provide suggested language on how those rules should be 
written. The FAA will review the issues addressed by the commenters 
against its regulatory agenda and rulemaking program efforts and 
adjust its regulatory priorities consistent with its statutory 
responsibilities. At the end of this process, the FAA will publish 
a summary and general disposition of comments and indicate, where 
appropriate, how it will adjust its regulatory priorities.

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 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
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                                                                                        Analysis
   Year                            Regulations To Be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
1           49 CFR parts 91 through 99 and 14 CFR parts 200 through 212.............          2008          2009
2           48 CFR parts 1201 through 1253, and new parts and subparts..............          2009          2010
3           14 CFR parts 213 through 232............................................          2010          2011
4           14 CFR parts 234 through 254............................................          2011          2012
5           14 CFR parts 255 through 298 and 49 CFR part 40.........................          2012          2013

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6           14 CFR parts 300 through 373............................................          2013          2014
7           14 CFR parts 374 through 398............................................          2014          2015
8           14 CFR part 399 and 49 CFR parts 1 through 11...........................          2015          2016
9           49 CFR parts 17 through 28..............................................          2016          2017
10          49 CFR parts 29 through 39 and parts 41 through 89......................          2017          2018
----------------------------------------------------------------------------------------------------------------

Year 1 (fall 2008) List of rules with ongoing analysis
49 CFR part 91 - International Air Transportation Fair Competitive 
Practices
49 CFR part 92 - Recovering Debts to the United States by Salary Offset
49 CFR part 93 - Aircraft Allocation
49 CFR part 95 - Advisory Committees
49 CFR part 98 - Enforcement of Restrictions on Post-Employment 
Activities
49 CFR part 99 - Employee Responsibilities and Conduct
14 CFR part 200 - Definitions and Instructions
14 CFR part 201 - Air carrier authority under subtitle VII of title 49 
of The United States Code [Amended]
14 CFR part 203 - Waiver of Warsaw Convention liability limits and 
defenses
14 CFR part 204 - Data to support fitness determinations
14 CFR part 205 - Aircraft accident liability insurance
14 CFR part 206 - Certificates of public convenience and necessity: 
Special authorizations and exemptions
14 CFR part 207 - Charter trips by U.S. scheduled air carriers
14 CFR part 208 - Charter trips by U.S. charter air carriers
14 CFR part 211 - Applications for permits to foreign air carriers
14 CFR part 212 - Charter rules for U.S. and foreign direct air 
carriers
Year 2 (fall 2009) List of rules that will be analyzed during the next 
year
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 1211 - Describing agency needs
48 CFR part 1213 - Simplified acquisition procedures
48 CFR part 1214 - Sealed bidding
48 CFR part 1215 - Contracting by negotiation
48 CFR part 1216 - Types of contracts
48 CFR part 1217 - Special contracting methods
48 CFR part 1219 - Small business programs
48 CFR part 1222 - Application of labor laws to government acquisitions
48 CFR part 1223 - Environment, energy and water efficiency, renewable 
energy technologies, occupational safety, and drug-free workplace
48 CFR part 1224 - Protection of privacy and freedom of information
48 CFR part 1227 - Patents, data, and copyrights
48 CFR part 1228 - Bonds and insurance
48 CFR part 1231 - Contract cost principles and procedures
48 CFR part 1232 - Contract financing
48 CFR part 1233 - Protests, disputes, and appeals
48 CFR part 1234 - [Reserved]
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 property
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

[[Page 64475]]



                                         FEDERAL AVIATION ADMINISTRATION
                                             SECTION 610 REVIEW PLAN
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations To Be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
1           14 CFR parts 119 through 129 and parts 150 through 156..................          2008          2009
2           14 CFR parts 133 through 139 and parts 157 through 169..................          2009          2010
3           14 CFR parts 141 through 147 and parts 170 through 187..................          2010          2011
4           14 CFR parts 189 through 198 and parts 1 through 16.....................          2011          2012
5           14 CFR parts 17 through 33..............................................          2012          2013
6           14 CFR parts 34 through 39 and parts 400 through 405....................          2013          2014
7           14 CFR parts 43 through 49 and parts 406 through 415....................          2014          2015
8           14 CFR parts 60 through 77..............................................          2015          2016
9           14 CFR parts 91 through 105.............................................          2016          2017
10          14 CFR parts 417 through 460............................................          2017          2018
----------------------------------------------------------------------------------------------------------------
The FAA has elected to use the two-step, 2-year process used by most 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 percent block of the regulations will be
  analyzed to identify those with a SEIOSNOSE. During the second year (the ``review year''), each rule
  identified in the analysis year as having a SEIOSNOSE 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.

Tri-Annual Review Plan
The FAA, in addition to reviewing its rules in accordance with the 
Section 610 Review Plan, has established a tri-annual process to comply 
with the review requirements of the Department's Regulatory Policies 
and Procedures, Executive Order 12866, and Plain Language Review Plan. 
Our latest review notice was published November 15, 2007 (72 FR 64170). 
In that notice, we requested comments from the public to identify those 
regulations currently in effect that we should amend, remove, or 
simplify. We also requested the public provide any specific suggestions 
where rules could be developed as performance-based rather than 
prescriptive, and any specific plain-language that might be used, and 
provide suggested language on how those rules should be written. The 
FAA will review the issues addressed by the commenters against its 
regulatory agenda and rulemaking program efforts and adjust its 
regulatory priorities consistent with its statutory responsibilities. 
At the end of this process, the FAA will publish a summary and general 
disposition of comments and indicate, where appropriate, how we will 
adjust our regulatory priorities.
Year 1 (2008) List of rules analyzed and summary of results
14 CFR part 119 - Certification: Air Carriers and Commercial Operators
 Section 610: The Agency conducted a Section 610 Review of this 
part and found no amendments with a SEIOSNOSE.
14 CFR part 121 - Operating Requirements: Domestic, Flag, And 
Supplemental Operations
 Section 610: The Agency conducted a Section 610 Review of this 
part and found six amendments that could have a SEIOSNOSE.
Amendment No. 121-216
 Amendment No. 121-216 removed the requirement that windshear flight 
guidance equipment be installed on older airplanes; amended the 
provision allowing for an extended compliance period based on an 
approved airplane retrofit schedule; and provided for acceptance of 
alternative airplane equipment in the form of an approved airborne 
windshear detection and avoidance system (predictive systems). The 
final rule allowed certificate holders to install windshear equipment 
in coordination with the installation of traffic alert and collision 
avoidance system (TCAS II) equipment, thereby, reducing the prospect 
that carriers would have to divert critical maintenance resources from 
other safety programs.

    Original FAA finding: This amendment primarily was in response 
to an Air Transport Association (ATA) petition to the FAA, dated 
June 1, 1989, to amend the windshear rule to exclude certain older 
airplanes from the flight guidance systems requirements and to 
extend the compliance date. The FAA determined that ATA's petition 
had merit and issued amendment No. 121-216. In doing so, the FAA 
found that there would be a significant beneficial economic impact 
on a substantial number of small nonscheduled part 121 certificate 
holders due to the cost relief from not having to install the 
equipment on certain older aircraft.

    Finding of this 5 U.S.C. section 610 analysis and review: The 
benefits to small entities of amendment No. 121-216 have probably 
diminished over time. However, the original FAA finding of a 
positive SEIOSNOSE should still stand.

    Amendment No. 121-269

    Amendment No. 121-269 upgraded the fire safety standards for 
cargo or baggage compartments in certain transport category 
airplanes by eliminating Class D compartments as an option for 
future type certification.

    Original FAA finding: The FAA found that this amendment would 
have a SEIOSNOSE. The FAA conducted an exhaustive analysis of 
potential alternatives to seek possible ways of mitigating the 
burden on small entities and still provide an equivalent level of 
safety. In its analysis, the Agency considered several alternatives 
that ranged from relatively low-cost, purely preventive approaches 
(e.g., banning certain types of material from air transport), to 
mitigating approaches such as: (1) Retrofit of detection systems

[[Page 64476]]

only; (2) a requirement for detection systems on newly manufactured 
aircraft only; (3) a requirement for detection and/or suppression 
systems for extended over water operations only; (4) retrofit of 
detection and suppression systems; (5) a requirement for detection 
and suppression systems on newly manufactured aircraft only; and 
(6) logical combinations of these alternatives.

    Finding of this 5 U.S.C. section 610 analysis and review: 
During the comment period, the FAA did not receive any comments 
that indicated that the amendment would place small part 121 
operators at a competitive disadvantage relative to large part 121 
operators or that there were alternatives that could provide the 
same level of safety benefit at reduced costs to small operators. 
Moreover, no analysis was submitted that indicated that fire safety 
risks for small part 121 carriers differed from those large part 
121 carriers. Therefore, even though this amendment did have a 
SEIOSNOSE, it was necessary in order to achieve the level of safety 
sought by this rule action.

    Amendment No. 121-282

    Amendment No. 121-282 required design approval holders of 
certain turbine-powered transport category airplanes, and of any 
subsequent modifications to these airplanes, to substantiate that 
the design of the fuel tank system precluded the existence of 
ignition sources within the airplane fuel tanks. It also required 
developing and implementing maintenance and inspection instructions 
to assure the safety of the fuel tank system. For new type designs, 
this amendment also required demonstrating that ignition sources 
could not be present in fuel tanks when failure conditions were 
considered, identifying any safety-critical maintenance actions, 
and incorporating a means either to minimize development of 
flammable vapors in fuel tanks or to prevent catastrophic damage if 
ignition did occur.

    Original FAA finding: The FAA determined that this amendment 
would have a SEIOSNOSE. The FAA identified 143 air carriers that 
would be impacted by this amendment. Of the 143 impacted air 
carriers, 107 were small airlines.

    Finding of this 5 U.S.C. section 610 analysis and review: In 
order to mitigate the costs to the extent possible without reducing 
the effectiveness of the amendment, the FAA extended operator 
compliance time from 18 months to 36 months. In addition, the 
Agency determined that fewer fuel tank re-inspections would be 
needed than originally estimated in the NPRM. The net result of 
these modifications was to reduce the overall cost impact from 
$172.2 million to $126.6 million (in 2000 $$), a 26.4 percent 
reduction. The FAA was not able to identify any other alternatives 
that could reduce the cost impact to small entities and still 
achieve the desired safety results. A review of the petition for 
exemption history revealed that no relief was sought from this 
amendment since its issuance.

    Amendment No. 121-284

    Amendment No. 121-284 (67 FR 72726) required airplanes operated 
under part 121 to undergo inspections and records reviews by the 
Administrator or a designated representative after their 14th year 
in service and at specified intervals thereafter. This amendment 
also prohibited operation of those airplanes after specified 
deadlines unless damage-tolerance-based inspections and procedures 
were included in their maintenance or inspection programs. This 
amendment represented a critical step toward compliance with the 
Aging Aircraft Safety Act of 1991.

    Original FAA finding: The FAA conducted a full regulatory 
flexibility analysis to assess the impact of this amendment on 
small entities. The FAA determined that 58 small part 121 carriers 
would be impacted by this amendment. Two of these were estimated to 
incur annualized costs greater than 1 percent of annual revenues. A 
step the FAA took to significantly lower compliance costs on the 
carriers, including small entities, was to lengthen the time period 
between required inspections from 5 years to 7 years. This longer 
period was expected to lower compliance costs to operators by 
enabling them to schedule the required inspections during heavy 
maintenance checks. To further assist carriers in complying with 
the requirements, the FAA also issued an advisory circular to 
provide guidance for complying with a damage-tolerance supplemental 
structural inspections program (DT-SSIP).

    Finding of this 5 U.S.C. section 610 analysis and review: A 
review of the petition for exemption records indicated that no one 
sought relief from these requirements since they were implemented. 
The FAA took actions to minimize the costs on small entities to the 
extent that it thought was possible and still meet the objectives 
of the Aging Aircraft Safety Act. Based on the comments it received 
in response to this interim final rule, the FAA took further steps 
in amendment No. 121-284 (70 FR 5517).

    Amendment No. 121-297

    Amendment No. 121-297 introduced airplane weight and 
performance characteristics as the basis for collision avoidance 
system requirements to capture cargo airplanes weighing more than 
33,000 pounds (lbs.) maximum certificated takeoff weight (MCTOW). 
This action was mandated by the Wendell H. Ford Aviation Investment 
and Reform Act (AIR-21), enacted April 5, 2000, to take measures to 
reduce the risk and collateral damage of a mid-air collision 
involving a cargo airplane.

    Original FAA finding: The FAA found that this amendment would 
have a SEIOSNOSE. The FAA identified 24 all cargo turbine-powered 
fleet operators who would be impacted by this amendment. Eleven, or 
roughly 46 percent, of these operators were determined to be 
significantly impacted. The FAA identified seven all cargo piston-
powered operators who would be impacted by this amendment. Six, or 
86 percent, of these operators were determined to be significantly 
impacted. The Agency believed that a compliance cost of 2 percent 
or less of a firm's revenue was affordable. The costs to these 
firms exceeded this level. Due to the congressional mandate, the 
FAA was limited in what actions it could take to mitigate the 
impact on small entities. The Agency was able, however, to reduce 
the TCAS requirement from TCAS II to TCAS I for piston-powered 
airplanes to mitigate some of the costs to operators of those 
airplanes. It also eliminated the requirement for TCAS I in 
turbine-powered airplanes of less than 33,000 pounds maximum 
certificated takeoff weight. Finally, the FAA set the rule's 
compliance date at the latest date allowed by the congressional 
mandate. Taken together, these measures were viewed as the upper 
level of the extent to which the FAA could mitigate cost impacts on 
small entities and still achieve the goals of the legislation.

[[Page 64477]]

    Finding of this 5 U.S.C. section 610 analysis and review: 
Between April 2003 and January 2005, the FAA received five 
petitions from small entities for exemption from the TCAS 
requirements of this amendment. Two of these exemptions were denied 
because they sought relief strictly on the basis of economic impact 
and did not differ in any material way from other similar requests 
that had been denied in the past for airplanes involved in non-
cargo operations. Three exemptions were granted because they were 
found to be necessary to ensure that needed services in Alaska 
would not be disrupted and doing so would not adversely impact 
safety. The original FAA finding of a SEIOSNOSE held true but 
should be fully diminished as the compliance date is 4 years past.

    Amendment No. 121-340

    Amendment No. 121-340 established a performance-based set of 
requirements that set acceptable flammability exposure values in 
tanks most prone to explosion or required the installation of an 
ignition mitigation means in an affected fuel tank.

    Original FAA finding: The FAA determined that this amendment 
would have a SEIOSNOSE. The FAA identified 14 small air carriers 
that would be affected. Of these 14, 3 were found to be affected 
significantly. This determination was based on whether or not the 
cost to the carrier was equal to or exceeded 2 per cent of its 
revenue. Three carriers met this criterion. The FAA considered 
several alternative approaches to this amendment to ease the burden 
on small carriers. The Agency concluded that this amendment 
provided the best balance of cost and benefits for the United 
States society. The FAA argued, further, that the risk is largely 
the same, regardless of whether the plane was flown by a large or 
small entity.

    Finding of this 5 U.S.C. section 610 analysis and review: This 
amendment still has a SEIOSNOSE. The FAA will need to make a 
determination regarding the continued need for this regulation.

14 CFR part 125 - Certification and Operations: Airplanes Having a 
Seating Capacity of 20 or More Passengers or a Maximum Payload Capacity 
of 6,000 Pounds or More; and Rules Governing Persons on Board Such 
Aircraft

 Section 610: The Agency conducted a Section 610 Review of this 
part and found part 125 itself and five amendments that could have a 
SEIOSNOSE.

    Part 125

    Part 125 provides a single set of certification and operation 
rules for U.S.-registered airplanes, which have a seating capacity 
of 20 or more passengers or a maximum payload capacity of 6,000 
pounds or more when used in any non-common (private) carriage 
operation.

    Original FAA finding: The economic impacts of part 125 were 
estimated and documented by a study conducted by the Aerospace 
Corporation during December 1978 and January 1979 and reflected 
data available at that time. While their study did not specifically 
address the economic impact on small entities, their estimate of 
$88.28 million in first year total costs (in 1979 dollars, $222.2 
million in current dollars), and $20.45 million in recurring annual 
costs (in 1979 dollars, $51.12 million in current dollars), it can 
reasonably be concluded that this rule did have a SEIOSNOSE.

    Finding of this 5 U.S.C. section 610 analysis and review: A 
review of petitions for exemption from part 125 revealed that 
relief was generally sought from safety requirements such as 
collision avoidance systems. The FAA denied these requests because 
petitioners were never able to provide convincing arguments for why 
it would be in the public interest to grant them the requested 
relief. There was no evidence in the record to suggest that part 
125 continues to have a SEIOSNOSE.

    Amendment No. 125-10

    Amendment No. 125-10 required digital flight data recorders and 
cockpit voice recorders (CVRs) to be installed in a broad category 
of airplanes and rotorcraft operated by air carriers and commuters, 
as well as, in selected aircraft operated in general aviation.

    Original FAA finding: The FAA determined that this amendment 
could have aSEIOSNOSE. In order to mitigate the cost to some 
extent, the FAA modified its proposal to extend the compliance 
period from 2 years to 3 years. Given that this rule action was in 
response to a congressional mandate, the Agency was constrained to 
take sufficient action to ensure the NTSB had available data in 
needed for accident investigation purposes if acquiring that data 
was technologically feasible.

    Finding of this 5 U.S.C. section 610 analysis and review: Since 
this rulemaking was promulgated over 20 years ago, the cost impact 
has diminished substantially and has approached if not reached a 
negligible level. This analysis concludes that there is no longer a 
SEIOSNOSE as a result of this amendment.

    Amendment No. 125-11

    This amendment required the installation and use of a Traffic 
Alert and Collision Avoidance System (TCAS) in large transport-type 
airplanes and certain turbine-powered smaller airplanes. The 
Airport and Airway Safety and Capacity Expansion Act of 1987 
directed the FAA to require the installation and operation of TCAS 
in commercial aircraft flying in the United States.

    Original FAA finding: The FAA found that this amendment would 
have a SEIOSNOSE.

    Finding of this 5 U.S.C. section 610 analysis and review: The 
FAA estimated the average total cost impact of this amendment on 
part 125 operators at $96,000 in 1989 dollars ($151,000 in current 
dollars) annualized over the period of 1989 to 2003. The FAA 
concluded, however, that there were no viable alternatives for 
small air carriers to adopt that would reduce the cost of 
compliance and still achieve the levels of protection sought by 
this amendment. This amendment implemented a congressional mandate, 
thereby limiting the discretion the Agency had and still has in 
mitigating the burden on small entities. Moreover, a review of the 
petition for exemption records indicates that the Agency has been 
consistent in denying requests for relief from this requirement on 
safety grounds. This analysis finds, therefore, that a SEIOSNOSE 
may still exist and the FAA will need to make a determination 
regarding the continued need for this regulation.

    Amendment No. 125-36

    Amendment No. 125-36 was part of a larger action that required 
design approval holders of certain turbine-powered transport 
category airplanes, and any subsequent modifications to these 
airplanes, to substantiate that the design of the fuel tank system 
precluded the existence of ignition sources within the airplane 
fuel tanks. It also required

[[Page 64478]]

developing and implementing maintenance and inspection instructions 
to assure the safety of the fuel tank system. For new type designs, 
this amendment also required demonstrating that ignition sources 
could not be present in fuel tanks when failure conditions were 
considered, identifying any safety-critical maintenance actions, 
and incorporating a means either to minimize development of 
flammable vapors in fuel tanks or to prevent catastrophic damage if 
ignition did occur.

    Original FAA finding: The FAA determined that this amendment 
would have aSEIOSNOSE. The FAA identified 143 carriers that would 
be impacted by this amendment. Of the 143 impacted air carriers, 
107 were small airlines.

    Finding of this 5 U.S.C. section 610 analysis and review: In 
order to mitigate the costs to the extent possible without reducing 
the effectiveness of the amendment, the FAA extended operator 
compliance time from 18 months to 36 months. In addition, the 
Agency determined that fewer fuel tank re-inspections would be 
needed than originally estimated in the NPRM. The net result of 
these modifications was to reduce the overall cost impact from 
$172.2 million to $126.6 million (in 2000 $), a 26.4 percent 
reduction. The FAA was not able to identify any other alternatives 
that could reduce the cost impact to small entities and still 
achieve the desired safety results. A review of the petition for 
exemption history revealed that no relief was sought from this 
amendment since its issuance.

    Amendment No. 125-41

    Amendment No. 125-41 was part of a larger rulemaking action 
that introduced airplane weight and performance characteristics as 
the basis for collision avoidance system requirements to capture 
cargo airplanes weighing more than 33,000 pounds maximum 
certificated takeoff weight (MCTOW). This action was mandated by 
the Wendell H. Ford Aviation Investment and Reform Act (AIR-21) 
enacted April 5, 2000, to take measures to reduce the risk and 
collateral damage of a mid-air collision involving a cargo 
airplane.

    Original FAA finding: The FAA found that this amendment would 
have a SEIOSNOSE. The FAA identified 24 all-cargo turbine-powered 
fleet operators who would be impacted by this amendment. Eleven, or 
roughly 46 percent, of these operators were determined to be 
significantly impacted. The FAA identified seven all-cargo, piston-
powered operators who would be impacted by this amendment. Six, or 
86 percent, of these operators were determined to be significantly 
impacted. The Agency believed that a compliance cost of 2 percent 
or less of a firm's revenue was affordable. The costs to these 
firms exceeded that level. Due to the congressional mandate, the 
FAA was limited in what actions it could take to mitigate some of 
the costs to operators of those airplanes. It also eliminated the 
requirement for TCAS I in turbine-powered airplanes of less than 
33,000 pounds maximum certificated takeoff-weight. Finally, the FAA 
set the rule's compliance date at the latest date allowed by the 
congressional mandate. Taken together, these measures were viewed 
as the upper level of the extent to which the FAA could mitigate 
cost impacts on small entities and still achieve the goals of the 
legislation.

    Finding of this 5 U.S.C. section 610 analysis and review: 
Between April 2003 and January 2005, the FAA received five 
petitions from small entities for exemption from the TCAS 
requirements of this amendment. Two of these exemptions were denied 
because they sought relief strictly on the basis of economic impact 
and did not differ in any material way from other similar requests 
that had been denied in the past for airplanes involved in non-
cargo operations. Three exemptions were granted because they were 
found to be necessary to ensure that needed services in Alaska 
would not be disrupted and doing so would not adversely impact 
safety. The original FAA finding of a SEIOSNOSE holds true but 
should be fully diminished as the compliance date is 4 years past.

    Amendment No. 125-55

    Amendment No. 125-55 established a performance-based set of 
requirements that set acceptable flammability exposure values in 
tanks most prone to explosion or required the installation of an 
ignition mitigation means in an affected fuel tank.

    Original FAA finding: The FAA determined that this amendment 
would have a SEIOSNOSE. The FAA identified 14 small air carriers 
that would be affected. Of these 14, three were found to be 
affected significantly. This determination was based on whether or 
not the cost to the carrier was equal to or exceeded 2 percent of 
its revenue. Three carriers met this criterion. The FAA considered 
several alternative approaches to this amendment to ease the burden 
on small carriers. The Agency concluded that this amendment 
provided the best balance of cost and benefits for the United 
States society. The FAA argued, further, that the risk is largely 
the same, regardless of whether the plane was flown by a large or 
small entity.

    Finding of this 5 U.S.C. section 610 analysis and review: This 
amendment still has a SEIOSNOSE. The FAA will need to make a 
determination regarding the continued need for this regulation.

14 CFR part 129 - Operations: foreign air carriers and foreign 
operators of U.S.-registered aircraft engaged in common carriage

 Section 610: The Agency conducted a Section 610 Review of this 
part and found no amendments with a SEIOSNOSE because this part does 
not impact domestic entities

14 CFR part 150 - Airport noise compatibility planning

 Section 610: The Agency conducted a Section 610 Review of this 
part and found no amendments with a SEIOSNOSE.

14 CFR part 151 - Federal aid to airports

 Section 610: The Agency conducted a Section 610 Review of this 
part and found there have not been any amendments to part 151 since the 
Regulatory Flexibility Act was enacted.

14 CFR part 152 - Airport aid program

 Section 610: The Agency conducted a Section 610 Review of this 
part and found no amendments with a SEIOSNOSE.

14 CFR part 153 - Airport operations

 Section 610: The Agency conducted a Section 610 Review of this 
part and found no amendments with a SEIOSNOSE.

14 CFR part 155 - Release of airport property from surplus property 
disposal restrictions

 Section 610: The Agency conducted a Section 610 Review of this 
part and found no amendments with a SEIOSNOSE.

14 CFR part 156 - State block grant pilot program

 Section 610: The Agency conducted a Section 610 Review of this 
part and found no amendments with a SEIOSNOSE.

    Year 2 (2009) List of rules analyzed and summary of results

[[Page 64479]]

14 CFR part 133 - Rotorcraft external-load operations

 Section 610: The Agency conducted a Section 610 Review of this 
part and found no amendments with a SEIOSNOSE.

14 CFR part 135 - Operating requirements: Commuter and on demand 
operations and rules governing persons on board such aircraft

 Section 610: The Agency conducted a Section 610 Review of this 
part and found three amendments that could have a SEIOSNOSE.

    Amendment No. 135-42

    Amendment No. 135-42 revised the operating rules for air taxi 
and commercial operators by requiring that all turbine-powered 
(rather than just turbojet) airplanes with 10 or more seats be 
equipped with an approved ground proximity warning system.

    Original FAA finding: The FAA certified that this amendment may 
have a SEIOSNOSE because the annual cost that would be imposed on 
small part 135 operators to install a ground proximity warning 
system on turbine-powered airplanes would exceed the significant 
impact criteria in place when the rule was promulgated. The FAA 
concluded after analysis, however, that there were no viable 
alternatives to the provisions of the amendment and issued the rule 
in final.

    Finding of this 5 U.S.C. section 610 analysis and review: 
Between the period January 2003 and December 2008, the period 
beyond the analysis period of this final rule, there were no cases 
of affected parties seeking relief from the provisions of the 
amendment. The original finding of a possible SEIOSNOSE should be 
fully diminished as the compliance date was 16 years ago.

    Amendment No. 135-66 (61 FR 69302)

    Amendment No. 135-66 (61 FR 69302) was one part of an overall 
strategy to further reduce the impact of aircraft noise on the park 
environment and to assist the National Park Service in achieving 
its statutory mandate to provide the substantial restoration of 
natural quiet and experience in Grand Canyon National Park (GCNP).

    Original FAA finding: The FAA found that this amendment would 
have a SEIOSNOSE. This amendment affected commercial sightseeing 
operators conducting flight over the GCNP under part 135. This 
amendment was unique in that most of the economic impact fell upon 
small businesses.

    Finding of this 5 U.S.C. section 610 analysis and review: 
Consistent with the spirit and intent of the RFA, the FAA chose a 
regulatory alternative that tailored most requirements to the size 
of the firm. In doing so, the Agency believed that the regulatory 
requirements in this amendment provided the least burdensome way 
for small entities to accomplish the goals of the final rule-
restore natural quiet and preserve the opportunity for the public 
to enjoy air tours at the GCNP. In addition, the FAA proposed to 
take further action that would phase out noisier aircraft from air 
tour service prior to the 2008 deadline imposed by the statute.

    Amendment No. 135-107

    Amendment No. 135-107 set safety and oversight rules for a 
broad variety of sightseeing and commercial air tour flights. The 
intended effect of this amendment was to standardize requirements 
for air tour operators and consolidate air tour safety standards 
within part 135.

    Original FAA finding: The FAA determined that there would be a 
SEIOSNOSE. The FAA estimated that part 135 commercial air tour 
operators would incur 82 percent of the costs of the rule. The FAA 
noted that helicopter operators would incur much higher costs than 
airplane operators due to the requirement to equip their aircraft 
with floats if they conducted operations over water and to the 
requirement to prepare helicopter performance plans. The FAA 
believed, however, that the only way to accomplish the commercial 
air tour safety needs for helicopter operations was to impose the 
higher standards on those entities.

    Finding of this 5 U.S.C. section 610 analysis and review: A 
review of the petition for exemption and petition for rulemaking 
records since this amendment was issued found that no entities 
sought relief from the float equipage requirement. The cost impacts 
from the original estimates remain valid. However, absent requests 
for relief from the regulated community, the notion espoused by the 
FAA that a number of options were available to operators to avoid 
or minimize the costs, may have merit. The FAA noted, for example, 
that some operators may alter their air tour routes to avoid the 
compliance costs. The Agency added that others may elect to only 
equip part of their fleet to ensure the affordability to their 
business. This analysis concludes that there continues to be a 
SEIOSNOSE, but there is no evidence to suggest that small 
businesses are suffering a hardship.

14 CFR part 136 - Commercial air tours and national parks air tour 
management

 Section 610: The Agency conducted a Section 610 Review of this 
part and found no amendments with a SEIOSNOSE.

14 CFR part 137 - Agricultural aircraft operations

 Section 610: The Agency conducted a Section 610 Review of this 
part and found no amendments with a SEIOSNOSE.

14 CFR part 139 - Certification of airports

 Section 610: The Agency conducted a Section 610 Review of this 
part and found one amendment with a SEIOSNOSE.

    Amendment No. 139-94

    Amendment No. 139-94 established certification requirements for 
airports serving scheduled air carrier operations in aircraft 
designed for more than 9 passenger seats but less than 31 passenger 
seats.

    Original FAA finding: The FAA determined that this amendment 
would have a SEIOSNOSE. The FAA stated that under SBA's definition 
of a ``small'' public entity, there were more than 200 small entity 
airports that would be affected by this rule action. For each small 
entity, the FAA estimated the average initial hours required to set 
up a recordkeeping system, as mandated by this amendment, would be 
70 hours and expected a continuing paperwork requirement of about 
90 hours annually. Having sought possible alternatives to mitigate 
the costs on small entities, the FAA, in consultation with 
industry, concluded that there existed a need to require at least 
some minimum level of both risk reduction and accident mitigation 
measures at airports during operations of smaller air carrier 
airplanes. The FAA believed that the chosen alternative was the 
only one that was relatively affordable and would achieve the 
safety objectives of the rule. The Agency recognized the need, 
however, to provide some flexibility in the implementation of 
certain safety measures at airports with infrequent air

[[Page 64480]]

carrier service or where local resources were severely limited. The 
FAA added that other measures at its disposal to mitigate impacts 
on small airport operators included its authority to permit 
alternative means of compliance to accommodate local conditions and 
the use of its statutory authority to grant exemptions from part 
139 requirements, as appropriate. Other methods the FAA identified 
as ways small entity airports could mitigate the economic impact of 
this amendment included Airport Improvement Program (AIP) funding, 
which was available for certain capital expenditures that could be 
required by this amendment. Examples of these requirements were 
firefighting equipment, airport marking, and signs. Another 
potential source of revenue to assist small airports in meeting the 
regulatory requirements of this amendment was the Essential Air 
Service (EAS) Program. The FAA believed that, ultimately, most of 
the costs of these amendments would be borne by the Federal 
Government through increased subsidies.

    Finding of this 5 U.S.C. section 610 analysis and review: The 
original funding still holds true. The flexibility that the FAA 
afforded airport operators in meeting the requirements of this 
amendment, combined with numerous avenues for funding support that 
were and still are available to airport operators, substantially 
mitigate the impact of this amendment on small entities.

14 CFR part 157 - Notice of construction, alteration, activation, and 
deactivation of airports

 Section 610: The Agency conducted a Section 610 Review of this 
part and found no amendments with a SEIOSNOSE.

14 CFR part 158 - Passenger facility charges (PFCs)

 Section 610: The Agency conducted a Section 610 Review of this 
part and found no amendments with a SEIOSNOSE.

14 CFR part 161 - Notice and approval of airport noise and access 
restrictions

 Section 610: The Agency conducted a Section 610 Review of this 
part and found no amendments with a SEIOSNOSE.

14 CFR part 169 - Expenditure of Federal funds for nonmilitary airports 
or air navigation facilities thereon

 Section 610: The Agency conducted a Section 610 Review of this 
part and found no amendments with a SEIOSNOSE.

                                         FEDERAL HIGHWAY ADMINISTRATION
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations To Be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
1           None....................................................................          2008          2009
2           23 CFR parts 1 through 260..............................................          2009          2010
3           23 CFR parts 420 through 470............................................          2010          2011
4           23 CFR part 500.........................................................          2011          2012
5           23 CFR parts 620 through 637............................................          2012          2013
6           23 CFR parts 645 through 669............................................          2013          2014
7           23 CFR parts 710 through 924............................................          2014          2015
8           23 CFR parts 940 through 973............................................          2015          2016
9           23 CFR parts 1200 through 1252..........................................          2016          2017
10          New parts and subparts..................................................          2017          2018
----------------------------------------------------------------------------------------------------------------

Federal-Aid Highway Program
The 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. Section 
145 of title 23 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 the 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 2 (fall 2009) List of rules that will be analyzed during the next 
year
23 CFR part 1 - General
23 CFR part 140 - Reimbursement
23 CFR part 172 - Administration of engineering and design-related 
service contracts
23 CFR part 180 - Credit assistance for Surface Transportation projects
23 CFR part 190 - Incentive payments for controlling outdoor 
advertising on the Interstate system
23 CFR part 192 - Drug offender's driver's license suspension
23 CFR part 200 - Title VI program and related statutes-implementation 
and review procedures
23 CFR part 230 - External programs
23 CFR part 260 - Education and training programs

[[Page 64481]]



                                   FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations To Be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
1           49 CFR parts 372, subpart A, and 381....................................          2008          2009
2           49 CFR parts 386, 389, and 395..........................................          2009          2010
3           49 CFR parts 325, 388, 350, and 355.....................................          2010          2011
4           49 CFR parts 380 and 382 to 385.........................................          2011          2012
5           49 CFR parts 390 to 393 and 396 to 399..................................          2012          2013
6           49 CFR parts 356, 367, 369 to 371, 372, subparts B-C....................          2013          2014
7           49 CFR parts 373, 374, 376, and 379.....................................          2014          2015
8           49 CFR parts 360, 365, 366, and 368.....................................          2015          2016
9           49 CFR parts 377, 378, and 387..........................................          2016          2017
10          49 CFR parts 303, 375, and new parts and subparts.......................          2017          2018
----------------------------------------------------------------------------------------------------------------

Year 1 (fall 2008) List of rules analyzed and a summary of results
49 CFR part 372, subpart A-Exemptions
 Section 610: There is no SEIOSNOSE. No small entities are 
affected.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. FMCSA's plain language review of 
these rules indicates no need for substantial revision.
49 CFR part 381 - Waivers, exemptions, and pilot programs
 Section 610: There is no SEIOSNOSE. No small entities are 
affected.
 General: These regulations are cost effective and impose the 
least burden. FMCSA's plain language review of these rules indicates no 
need for substantial revision.
Year 2 (fall 2009) List of rules that will be analyzed during the next 
year
49 CFR part 386 - Rules of practice for motor carrier, broker, freight 
forwarder, and hazardous materials proceedings
49 CFR part 389 - Rulemaking procedures--Federal motor carrier safety 
regulations
49 CFR part 395 - Hours of service of drivers

                                 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations To Be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
1           49 CFR 571.223 through 571.500, and parts 575 and 579...................          2008          2009
2           23 CFR parts 1200 and 1300..............................................          2009          2010
3           49 CFR parts 501 through 526 and 571.213................................          2010          2011
4           49 CFR 571.131, 571.217, 571.220, 571.221, and 571.222..................          2011          2012
5           49 CFR 571.101 through 571.110, and 571.135, 571.138 and 571.139........          2012          2013
6           49 CFR parts 529 through 578, except parts 571 and 575..................          2013          2014
7           49 CFR 571.111 through 571.129 and parts 580 through 588................          2014          2015
8           49 CFR 571.201 through 571.212..........................................          2015          2016
9           49 CFR 571.214 through 571.219, except 571.217..........................          2016          2017
10          49 CFR parts 591 through 595 and new parts and subparts.................          2017          2018
----------------------------------------------------------------------------------------------------------------

Year 1 (fall 2008) List of rules analyzed and a summary of the results
49 CFR part 571.223 - Rear impact guards
 Section 610: No SEIOSNOSE. No economically significant impact 
on small business.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
49 CFR part 571.224 - Rear impact protection
 Section 610: No SEIOSNOSE. No economically significant impact 
on small business.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
49 CFR part 571.225 - Child restraint anchorage systems
 Section 610: No SEIOSNOSE. No small entities are affected.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
49 CFR part 571.301 - Fuel system integrity
 Section 610: No SEIOSNOSE. No small entities are affected.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
49 CFR part 571.302 - Flammability of interior materials

[[Page 64482]]

 Section 610: No SEIOSNOSE. No small entities are affected.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
49 CFR part 571.303 - Fuel system integrity of compressed natural gas 
vehicles
 Section 610: No SEIOSNOSE. No small entities are affected.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
49 CFR part 571.304 - Compressed natural gas fuel container integrity
 Section 610: No SEIOSNOSE. No small entities are affected.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
49 CFR part 571.305 - Electric-powered vehicles: electrolyte spillage 
and electrical shock protection
 Section 610: No SEIOSNOSE. No small entities are affected.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
49 CFR part 571.401 - Interior trunk release
 Section 610: No SEIOSNOSE. No small entities are affected.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
49 CFR part 571.403 - Platform lift systems for motor vehicles
 Section 610: No SEIOSNOSE. No economically significant impact 
on small business.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
49 CFR part 571.404 - Platform lift installations in motor vehicles
 Section 610: No SEIOSNOSE. No economically significant impact 
on small business.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden NHTSA's plain language review of 
these rules indicates no need for substantial revision.
49 CFR part 571.500 - Low-speed vehicles
 Section 610: No SEIOSNOSE. No economically significant impact 
on small business.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
49 CFR part 575 - Consumer information
 Section 610: No SEIOSNOSE. No small entities are affected.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
49 CFR part 579 - Reporting of information and communications about 
potential defects
 Section 610: No SEIOSNOSE. No small entities are affected.
 General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
Year 2 (fall 2009) List of rules that will be analyzed during the next 
year
23 CFR part 1200 - Uniform procedures for State highway safety programs
23 CFR part 1204 - [Reserved]
23 CFR part 1205 - Highway safety programs; determinations of 
effectiveness
23 CFR part 1206 - Rules of procedure for invoking sanctions under the 
Highway Safety Act of 1966
23 CFR part 1208 - National minimum drinking age
23 CFR part 1210 - Operation of motor vehicles by intoxicated minors
23 CFR part 1215 - Use of safety belts-compliance and transfer-of-funds 
procedures
23 CFR part 1225 - Operation of motor vehicles by intoxicated persons
23 CFR part 1235 - Uniform system for parking for persons with 
disabilities
23 CFR part 1240 - Safety incentive grants for use of seat belts-
allocations based on seat belt use rates
23 CFR part 1250 - Political subdivision participation in State highway 
safety programs
23 CFR part 1251 - State highway safety agency
23 CFR part 1252 - State matching of planning and administration costs
23 CFR part 1270 - Open container laws
23 CFR part 1275 - Repeat intoxicated driver laws

                                         FEDERAL RAILROAD ADMINISTRATION
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations To Be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
1           49 CFR parts 200 and 201................................................          2008          2009
2           49 CFR parts 207, 209, 211, 215, 238, and 256...........................          2009          2010
3           49 CFR parts 210, 212, 214, 217, and 268................................          2010          2011

[[Page 64483]]

 
4           49 CFR part 219.........................................................          2011          2012
5           49 CFR parts 218, 221, 241, and 244.....................................          2012          2013
6           49 CFR parts 216, 228, and 229..........................................          2013          2014
7           49 CFR parts 223 and 233................................................          2014          2015
8           49 CFR parts 224, 225, 231, and 234.....................................          2015          2016
9           49 CFR parts 222, 227, 235, 236, 250, 260, and 266......................          2016          2017
10          49 CFR parts 213, 220, 230, 232, 239, 240, and 265......................          2017          2018
----------------------------------------------------------------------------------------------------------------

Year 1 (Fall 2008) List of rules analyzed and a summary of results
49 CFR part 200 - Informal rules of practice for passenger service
 Section 610: There is no SEIOSNOSE.
 General: The rule prescribes procedures under which 
applications are received and heard and by which rules and orders are 
issued primarily affecting the Class I railroads and Amtrak, none of 
which are small entities. FRA's plain language review of this rule 
indicates no need for substantial revision.
49 CFR part 201 - Formal rules of practice for passenger service
 Part 201 was removed from the CFR on May 27, 2009.
Year 2 (Fall 2009) List of rule(s) that will be analyzed during next 
year
49 CFR part 207 - Informal rules of practice for passenger safety
49 CFR part 209 - Railroad safety enforcement procedures
49 CFR part 211 - Rules of practice
49 CFR part 215 - Railroad freight car safety standards
49 CFR part 238 - Passenger equipment safety standards
49 CFR part 256 - Passenger assistance for railroad passenger terminals

                                         FEDERAL TRANSIT ADMINISTRATION
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations To Be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
1           49 CFR parts 604, 605, and 633..........................................          2008          2009
2           49 CFR parts 661 and 665................................................          2009          2010
3           49 CFR part 633.........................................................          2010          2011
4           49 CFR parts 609 and 611................................................          2011          2012
5           49 CFR parts 613 and 614................................................          2012          2013
6           49 CFR part 622.........................................................          2013          2014
7           49 CFR part 630.........................................................          2014          2015
8           49 CFR part 639.........................................................          2015          2016
9           49 CFR parts 659 and 663................................................          2016          2017
10          49 CFR part 665.........................................................          2017          2018
----------------------------------------------------------------------------------------------------------------

Year 1 (fall 2008) List of rules analyzed and summary of results
49 CFR part 604 - Charter service
 Section 610: The Agency has determined that the rule will not 
have a significant effect on a substantial number of small entities.
 General: This rule clarifies and sets forth provisions to 
protect private charter operators from unfair competition by public 
transit agencies. The rule was drafted using plain language techniques.
49 CFR part 661 - Buy America
 Section 610: The Agency has determined that the rule will not 
have a significant effect on a substantial number of small entities.
 General: This rulemaking amends FTA's Buy America requirements 
by adding bi-metallic rail to the list of traction power equipment. The 
rule was drafted using plain language techniques.
Year 2 (fall 2009) List of rules that will be analyzed during the next 
year
49 CFR part 605 - School bus operations
49 CFR part 633 - Program management oversight
49 CFR part 665 - Bus testing

[[Page 64484]]



                                             MARITIME ADMINISTRATION
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations To Be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
1           46 CFR parts 201 through 205............................................          2008          2009
2           46 CFR parts 221 through 232............................................          2009          2010
3           46 CFR parts 249 through 296............................................          2010          2011
4           46 CFR part 298.........................................................          2011          2012
5           46 CFR parts 307 through 309............................................          2012          2013
6           46 CFR part 310.........................................................          2013          2014
7           46 CFR parts 315 through 340............................................          2014          2015
8           46 CFR parts 345 through 381............................................          2015          2016
9           46 CFR parts 382 through 389............................................          2016          2017
10          46 CFR parts 390 through 393............................................          2017          2018
----------------------------------------------------------------------------------------------------------------

Year 1 (fall 2008) List of rules analyzed and a summary of the results
46 CFR part 201 - Rules of practice and procedure
 Section 610: No SEIOSNOSE. Some small entities may be 
affected, but the economicimpact on small entities will not be 
significant.
 General: No changes are needed. Where confusing or wordy 
language has been identified, revisions will be made.
46 CFR part 202 - Procedures relating to review by Secretary of 
Transportation of actions by Maritime Subsidy Board
 Section 610: No SEIOSNOSE. Some small entities may be 
affected, but the economicimpact on small entities will not be 
significant.
 General: No changes are needed. Where confusing or wordy 
language has been identified, revisions will be made.
46 CFR part 203 - Procedures relating to conduct of certain hearings 
under the Merchant Marine Act, 1936
 Section 610: No SEIOSNOSE. Some small entities may be 
affected, but the economic impact on small entities will not be 
significant.
 General: No changes are needed. Where confusing or wordy 
language has been identified, revisions will be made.
46 CFR part 204 - Claims against the Maritime Administration under the 
Federal Tort Claim Act
 Section 610: No SEIOSNOSE. Some small entities may be 
affected, but the economic impact on small entities will not be 
significant.
 General: No changes are needed. Where confusing or wordy 
language has been identified, revisions will be made.
46 CFR part 205 - Audit appeals; policy and procedure
 Section 610: No SEIOSNOSE. Some small entities may be 
affected, but the economic impact on small entities will not be 
significant.
 General: No changes are needed. Where confusing or wordy 
language has been identified, revisions will be made.
Year 2 (fall 2009) List of rules that will be analyzed during the next 
year
46 CFR part 221 - Regulated transactions involving documented vessels 
and other maritime interests
46 CFR part 232 - Uniform financial reporting requirements

                         PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA)
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations To Be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
1           part 178................................................................          2008          2009
2           parts 178 through 180...................................................          2009          2010
3           parts 172 and 175.......................................................          2010          2011
4           sections 171.15 and 171.16..............................................          2011          2012
5           parts 106, 107, 171, 190, 195...........................................          2012          2013
6           parts 174, 177, 191, 192................................................          2013          2014
7           parts 176, 199..........................................................          2014          2015
8           parts 172 through 178...................................................          2015          2016
9           parts 172, 173, 174, 176, 177, 193......................................          2016          2017
10          parts 173, 194..........................................................          2017          2018
----------------------------------------------------------------------------------------------------------------

Year 1 (fall 2008) List of rules with ongoing analysis
49 CFR part 178 - Specifications for packaging
Year 2 (fall 2009) List of rules that will be analyzed during the next 
year
49 CFR part 178 - Specifications for packagings
49 CFR part 179 - Specifications for tank cars
49 CFR part 180 - Continuing qualification and maintenance of 
packagings

[[Page 64485]]



                            RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION (RITA)
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations To Be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
1           14 CFR part 241, form 41................................................          2008          2009
2           14 CFR part 241, schedule T-100, and part 217...........................          2009          2010
3           14 CFR part 298, 49 CFR 1420............................................          2010          2011
4           14 CFR part 241, section 19-7...........................................          2011          2012
5           14 CFR part 291.........................................................          2012          2013
6           14 CFR part 234.........................................................          2013          2014
7           14 CFR part 249.........................................................          2014          2015
8           14 CFR part 248.........................................................          2015          2016
9           14 CFR part 250.........................................................          2016          2017
10          14 CFR part 374a, ICAO..................................................          2017          2018
----------------------------------------------------------------------------------------------------------------

Year 1 (fall 2008) List of rules with ongoing analysis
14 CFR part 241 - Uniform system of accounts and reports for large 
certificated air carriers, form 41
Year 2 (fall 2009) List of rules that will be analyzed during the next 
year
14 CFR part 217 - Reporting traffic statistics by foreign air carriers 
in civilian scheduled, charter, and nonscheduled services
14 CFR part 241 - Uniform system of accounts and reports for large 
certificated air carriers, Schedule T-100

                                  SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations To Be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
1           33 CFR parts 401 through 403............................................          2008          2009
----------------------------------------------------------------------------------------------------------------

Year 1 (fall 2008) List of rules with ongoing analysis
33 CFR part 401 - Seaway Regulations and Rules
33 CFR part 402 - Tariff of Tolls
33 CFR part 403 - Rules of Procedure of the Joint Tolls Review Board

                                  Office of the Secretary--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
406         Use of the Seat-Strapping Method for Carrying a Wheelchair on an Aircraft.............    2105-AD87
407         [rplus]Enhancing Airline Passenger Protections--Part 2 (Reg Plan Seq No. 111).........    2105-AD92
----------------------------------------------------------------------------------------------------------------
 [rplus] DOT-designated significant regulation
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


                              Federal Aviation Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
408         [rplus]Flight Crewmember Duty Limitations and Rest Requirements.......................    2120-AI93
409         [rplus]Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers (Reg       2120-AJ00
            Plan Seq No. 113).....................................................................
410         [rplus]Activation of Ice Protection...................................................    2120-AJ43
411         [rplus]Air Ambulance and Commercial Helicopter Operations; Safety Initiatives and         2120-AJ53
            Miscellaneous Amendments (Reg Plan Seq No. 114).......................................
412         [rplus]Flight and Duty Time Limitations and Rest Requirements (Reg Plan Seq No. 115)..    2120-AJ58
----------------------------------------------------------------------------------------------------------------
 [rplus] DOT-designated significant regulation
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


[[Page 64486]]


                                Federal Aviation Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
413         [rplus]Automatic Dependent Surveillance--Broadcast (ADS-B) Equipage Mandate To Support    2120-AI92
            Air Traffic Control Service (Reg Plan Seq No. 116)....................................
----------------------------------------------------------------------------------------------------------------
 [rplus] DOT-designated significant regulation
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


                               Federal Aviation Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
414         [rplus]Pilot Age Limit................................................................    2120-AJ01
415         [rplus]Production and Airworthiness Approvals.........................................    2120-AJ44
----------------------------------------------------------------------------------------------------------------
 [rplus] DOT-designated significant regulation


                        Federal Motor Carrier Safety Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
416         [rplus]Unified Registration System....................................................    2126-AA22
----------------------------------------------------------------------------------------------------------------
 [rplus] DOT-designated significant regulation


                          Federal Motor Carrier Safety Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
417         [rplus]National Registry of Certified Medical Examiners (Reg Plan Seq No. 119)........    2126-AA97
418         Interstate Van Operations.............................................................    2126-AA98
419         [rplus]Commercial Driver's License Testing and Commercial Learner's Permit Standards      2126-AB02
            (Reg Plan Seq No. 120)................................................................
----------------------------------------------------------------------------------------------------------------
 [rplus] DOT-designated significant regulation
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


                         Federal Motor Carrier Safety Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
420         [rplus]Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor      2126-AA35
            Carriers Operating in the United States...............................................
----------------------------------------------------------------------------------------------------------------
 [rplus] DOT-designated significant regulation


                        National Highway Traffic Safety Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
421         Early Warning Reporting Information...................................................    2127-AK28
----------------------------------------------------------------------------------------------------------------


[[Page 64487]]


                              Federal Railroad Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
422         [rplus]Hours of Service--Passenger Train Employees (Rulemaking Resulting From a           2130-AC15
            Section 610 Review)...................................................................
----------------------------------------------------------------------------------------------------------------
 [rplus] DOT-designated significant regulation


                                Federal Railroad Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
423         [rplus]Positive Train Control (Reg Plan Seq No. 126)..................................    2130-AC03
----------------------------------------------------------------------------------------------------------------
 [rplus] DOT-designated significant regulation
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


                                Federal Transit Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
424         Bus Testing: Phase-In of Brake Performance and Emissions Testing, and Program Updates     2132-AA95
            (Completion of a Section 610 Review)..................................................
425         Buy America; Petition for Rulemaking (Completion of a Section 610 Review).............    2132-AA99
426         School Bus Operations (Completion of a Section 610 Review)............................    2132-AB00
----------------------------------------------------------------------------------------------------------------


                   Pipeline and Hazardous Materials Safety Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
427         [rplus]Hazardous Materials: Revisions to Requirements for the Transportation of           2137-AE44
            Lithium Batteries.....................................................................
----------------------------------------------------------------------------------------------------------------
 [rplus] DOT-designated significant regulation


                                  Maritime Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
428         [rplus]Cargo Preference--Compromise, Assessment, Mitigation, Settlement and Collection    2133-AB75
            of Civil Penalties (Reg Plan Seq No. 129).............................................
----------------------------------------------------------------------------------------------------------------
 [rplus] DOT-designated significant regulation
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.

_______________________________________________________________________


Department of Transportation (DOT)                  Proposed Rule Stage


Office of the Secretary (OST)



_______________________________________________________________________




406. <> USE OF THE SEAT-STRAPPING METHOD FOR CARRYING A 
WHEELCHAIR ON AN AIRCRAFT

Legal Authority: The Department has authority and responsibility under 
the ACAA (49 USC 41705) to; ensure that US and foreign air carriers do 
not discriminate against air traveler; on the basis of disability

Abstract: This rulemaking would address whether or not carriers should 
be allowed to utilize the seat-strapping method to stow a passenger's 
wheelchair in the aircraft cabin.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Blane A Workie, Attorney, Department of Transportation, 
Office of the Secretary, 1200 New Jersey Avenue SE, Washington, DC 
20590
Phone: [phone]
TDD Phone: [phone]
Fax: [phone]

[[Page 64488]]

Email: [e-mail]

RIN: 2105-AD87
_______________________________________________________________________




407. <> [rplus]ENHANCING AIRLINE PASSENGER PROTECTIONS--
PART 2

 Regulatory Plan: This entry is Seq. No. 111 in part II of this issue 
of the Federal Register.

RIN: 2105-AD92
BILLING CODE 4910--9X--S
_______________________________________________________________________


Department of Transportation (DOT)                  Proposed Rule Stage


Federal Aviation Administration (FAA)



_______________________________________________________________________




408. [rplus]FLIGHT CREWMEMBER DUTY LIMITATIONS AND REST REQUIREMENTS

Legal Authority: 49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC 
44101; 49 USC 44701 to 44703; 49 USC 44705; 49 USC 44709 to 44713; 49 
USC 44712; 49 USC 44713; 49 USC 44715 to 44717; 49 USC 44722; 49 USC 
44901; 49 USC 44903; 49 USC 44912; 49 USC 44904

Abstract: This rulemaking would withdraw a previously published NPRM 
(RIN 2120-AF63) that proposed to establish one set of duty period 
limitations, flight time limitations, and rest requirements for flight 
crewmembers engaged in air transportation. The NPRM also proposed to 
establish consistent and clear duty period limitations, flight time 
limitations, and rest requirements for domestic, flag, supplemental, 
commuter and on-demand operations. This action is necessary, because 
(1) the NPRM is outdated and (2) there were many significant issues 
commenters raised.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Withdrawal            12/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Larry Youngblut, Flight Standards Service, Department 
of Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW, Washington, DC 20951
Phone: [phone]
Email: [e-mail]

RIN: 2120-AI93
_______________________________________________________________________




409. [rplus]QUALIFICATION, SERVICE, AND USE OF CREWMEMBERS AND AIRCRAFT 
DISPATCHERS

 Regulatory Plan: This entry is Seq. No. 113 in part II of this issue 
of the Federal Register.

RIN: 2120-AJ00
_______________________________________________________________________




410. [rplus]ACTIVATION OF ICE PROTECTION

Legal Authority: 49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC 
44101; 49 USC 44701; 49 USC 44705; 49 USC 44709 to 44711; 49 USC 44713; 
49 USC 44716; 49 USC 44722; 49 USC 44901; 49 USC 44903; 49 USC 44912; 
49 USC 46105; 49 USC 44702; 49 USC 44717; 49 USC 44904

Abstract: This rulemaking would amend the regulations applicable to 
operators of certain airplanes used in air carrier service and 
certificated for flight in icing conditions. The standards would 
require either the installation of ice detection equipment or changes 
to the Airplane Flight Manual to ensure timely activation of the 
airframe ice protection system. This regulation is the result of 
information gathered from a review of icing accidents and incidents, 
and it is intended to improve the level of safety when airplanes are 
operated in icing conditions.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Jerry Ostronic, Air Carrier Operations Branch, AFS 220, 
Department of Transportation, Federal Aviation Administration, 800 
Independence Avenue, SW, Washington, DC 20591
Phone: [phone]
Fax: [phone]
Email: [e-mail]

RIN: 2120-AJ43
_______________________________________________________________________




411. <> [rplus]AIR AMBULANCE AND COMMERCIAL HELICOPTER 
OPERATIONS; SAFETY INITIATIVES AND MISCELLANEOUS AMENDMENTS

 Regulatory Plan: This entry is Seq. No. 114 in part II of this issue 
of the Federal Register.

RIN: 2120-AJ53
_______________________________________________________________________




412. <> [rplus]FLIGHT AND DUTY TIME LIMITATIONS AND REST 
REQUIREMENTS

 Regulatory Plan: This entry is Seq. No. 115 in part II of this issue 
of the Federal Register.

RIN: 2120-AJ58

[[Page 64489]]

_______________________________________________________________________


Department of Transportation (DOT)                     Final Rule Stage


Federal Aviation Administration (FAA)



_______________________________________________________________________




413. [rplus]AUTOMATIC DEPENDENT SURVEILLANCE--BROADCAST (ADS-B) EQUIPAGE 
MANDATE TO SUPPORT AIR TRAFFIC CONTROL SERVICE

 Regulatory Plan: This entry is Seq. No. 116 in part II of this issue 
of the Federal Register.

RIN: 2120-AI92
_______________________________________________________________________


Department of Transportation (DOT)                    Completed Actions


Federal Aviation Administration (FAA)



_______________________________________________________________________




414. [rplus]PILOT AGE LIMIT

Legal Authority: 49 USC 44701; 49 USC 44702; 49 USC 44709 to 44711; 49 
USC 44716; 49 USC 44717; 49 USC 44903; 49 USC 44904; 49 USC 106(g); 49 
USC 40113; 49 USC 40119; 49 USC 44101; 49 USC 44705; 49 USC 44713; 49 
USC 44722; 49 USC 44901; 49 USC 44912; 49 USC 46105

Abstract: This rulemaking would correct the language of the Code of 
Federal Regulations to bring it into conformance with recent 
legislation raising the upper age limit for pilots serving in domestic, 
flag, and supplemental operations until they reach their 65th birthday. 
Congress enacted legislation, effective December 13, 2007, mandating an 
Age-65 limit for pilots for purposes of Title 49 USC.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                      07/15/09                    74 FR 34229
Final Rule Effective            07/15/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Larry Youngblut, Flight Standards Service, Department 
of Transportation, Federal Aviation Administration, 800 Independence 
Avenue, SW, Washington, DC 20951
Phone: [phone]
Email: [e-mail]

RIN: 2120-AJ01
_______________________________________________________________________




415. [rplus]PRODUCTION AND AIRWORTHINESS APPROVALS

Legal Authority: 42 USC 7572; 49 USC 106(g); 49 USC 40105; 49 USC 
40113; 49 USC 44701; 49 USC 44704; 49 USC 44707; 49 USC 44709; 49 USC 
44711; 49 USC 44713; 49 USC 44715; 49 USC 45303; 49 USC 44702

Abstract: This rulemaking would amend the certification procedures and 
identification requirements for aeronautical products and articles. 
These amendments would update and standardize those requirements for 
production approval holders (PAHs), revise export airworthiness 
approval requirements to facilitate global manufacturing, move all 
part-marking requirements from part 21 to part 45, and amend the 
identification requirements for products and articles. The intent of 
these changes is to continue to promote safety by ensuring that 
aircraft, and products and articles designed specifically for use in 
aircraft, wherever manufactured, meet appropriate minimum standards for 
design and construction. This rulemaking was split from RIN 2120-AI78.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                      10/16/09                    74 FR 53368
Final Rule Effective            10/14/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Barbara Capron, Department of Transportation, Federal 
Aviation Administration, 800 Independence Avenue, SW, Washington, DC 
20591
Phone: [phone]
Email: [e-mail]

RIN: 2120-AJ44
BILLING CODE 4910--13--S
_______________________________________________________________________


Department of Transportation (DOT)                  Proposed Rule Stage


Federal Motor Carrier Safety Administration (FMCSA)



_______________________________________________________________________




416. [rplus]UNIFIED REGISTRATION SYSTEM

Legal Authority: PL 104-88; 109 stat 803, 888 (1995); 49 USC 13908; PL 
109-159, sec 4304

Abstract: This rulemaking would replace three current identification 
and registration systems: the US DOT number identification system, the 
commercial registration system, and the financial responsibility 
system, with an online Federal unified registration system (URS). This 
program would serve as a clearinghouse and depository of information 
on, and identification of, brokers, freight forwarders, and others 
required to register with the Department of Transportation. The Agency 
is revising this rulemaking to address amendments directed by SAFETEA-
LU. The replacement system for the Single State Registration System, 
which the ICC Termination Act originally directed be merged under URS, 
will be addressed separately.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           08/26/96                    61 FR 43816
ANPRM Comment Period End        10/25/96
NPRM                            05/19/05                    70 FR 28990
NPRM Comment Period End         08/17/05
Supplemental NPRM               04/00/10

Regulatory Flexibility Analysis Required: Yes

[[Page 64490]]

Agency Contact: Valerie Height, Management Analyst, Department of 
Transportation, Federal Motor Carrier Safety Administration, Office of 
Policy Plans and Regulation (MC-PRR), 1200 New Jersey Avenue, SE, 
Washington, DC 20590
Phone: [phone]
Email: [e-mail]

RIN: 2126-AA22
_______________________________________________________________________


Department of Transportation (DOT)                     Final Rule Stage


Federal Motor Carrier Safety Administration (FMCSA)



_______________________________________________________________________




417. [rplus]NATIONAL REGISTRY OF CERTIFIED MEDICAL EXAMINERS

 Regulatory Plan: This entry is Seq. No. 119 in part II of this issue 
of the Federal Register.

RIN: 2126-AA97
_______________________________________________________________________




418. INTERSTATE VAN OPERATIONS

Legal Authority: PL 109-59 (2005), Sec 4136

Abstract: This rulemaking would make the requirements concerning driver 
qualifications; driving of CMVs; parts and accessories necessary for 
safe operations; hours of service; and inspection, repair, and 
maintenance applicable to the operation of vehicles designed or used to 
transport between 9 and 15 passengers (including the driver) for direct 
compensation, in interstate commerce, regardless of the distance 
traveled. Currently the safety regulations apply to such vans when the 
vehicle is operated beyond a 75 air-mile radius of the driver's work 
reporting location. This action is in response to SAFETEA-LU.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                      01/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Thomas Yager, Driver and Carrier Operations Division, 
MC-PSD, Department of Transportation, Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue, SE, Washington, DC 20590
Phone: [phone]
Email: [e-mail]

RIN: 2126-AA98
_______________________________________________________________________




419. [rplus]COMMERCIAL DRIVER'S LICENSE TESTING AND COMMERCIAL LEARNER'S 
PERMIT STANDARDS

 Regulatory Plan: This entry is Seq. No. 120 in part II of this issue 
of the Federal Register.

RIN: 2126-AB02
_______________________________________________________________________


Department of Transportation (DOT)                    Long-Term Actions


Federal Motor Carrier Safety Administration (FMCSA)



_______________________________________________________________________




420. [rplus]SAFETY MONITORING SYSTEM AND COMPLIANCE INITIATIVE FOR 
MEXICO-DOMICILED MOTOR CARRIERS OPERATING IN THE UNITED STATES

Legal Authority: PL 107-87, sec 350; 49 USC 113; 49 USC 31136; 49 USC 
31144; 49 USC 31502; 49 USC 504; 49 USC 5113; 49 USC 521(b)(5)(A)

Abstract: This rule would implement a safety monitoring system and 
compliance initiative designed to evaluate the continuing safety 
fitness of all Mexico-domiciled carriers within 18 months after 
receiving a provisional Certificate of Registration or provisional 
authority to operate in the United States. It also would establish 
suspension and revocation procedures for provisional Certificates of 
Registration and operating authority, and incorporate criteria to be 
used by FMCSA in evaluating whether Mexico-domiciled carriers exercise 
basic safety management controls. The interim rule included 
requirements that were not proposed in the NPRM but which are necessary 
to comply with the FY-2002 DOT Appropriations Act. On January 16, 2003, 
the Ninth Circuit Court of Appeals remanded this rule, along with two 
other NAFTA-related rules, to the agency, requiring a full 
environmental impact statement and an analysis required by the Clean 
Air Act. On June 7, 2004, the Supreme Court reversed the Ninth Circuit 
and remanded the case, holding that FMCSA is not required to prepare 
the environmental documents. FMCSA originally planned to publish a 
final rule by November 28, 2003. FMCSA will determine the next steps to 
be taken after enactment of any pending legislation authorizing cross 
border trucking.

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 End                      04/18/02
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: Dominick Spataro, Chief, Borders Division, Department 
of Transportation, Federal Motor Carrier Safety Administration, 1200 
New Jersey Avenue, SE, Washington, DC 20590
Phone: [phone]
Email: [e-mail]

RIN: 2126-AA35
BILLING CODE 4910--EX--S

[[Page 64491]]

_______________________________________________________________________


Department of Transportation (DOT)                    Completed Actions


National Highway Traffic Safety Administration (NHTSA)



_______________________________________________________________________




421. EARLY WARNING REPORTING INFORMATION

Legal Authority: 49 USC 30166

Abstract: This rulemaking would amend certain provisions of the early 
warning reporting (EWR) rule published pursuant to the Transportation 
Recall, Enhancement, Accountability and Documentation (TREAD) Act. This 
rulemaking would modify the threshold for submitting quarterly EWR 
reports for some manufacturers and add new requirements to maintain the 
consistency of the EWR data from quarter to quarter.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/05/08                    73 FR 74101
NPRM Comment Period End         02/03/09
Final Action                    09/17/09                    74 FR 47740
Final Action Effective          10/19/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Christina Morgan, Chief, Early Warning Reporting, 
Department of Transportation, National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue, SE, Washington, DC 20590
Phone: [phone]
Email: [e-mail]

RIN: 2127-AK28
BILLING CODE 4910--59--S
_______________________________________________________________________


Department of Transportation (DOT)                  Proposed Rule Stage


Federal Railroad Administration (FRA)



_______________________________________________________________________




422. <> [rplus]HOURS OF SERVICE--PASSENGER TRAIN 
EMPLOYEES (RULEMAKING RESULTING FROM A SECTION 610 REVIEW)

Legal Authority: PL 110-432, Div A, 122 Stat 4848 et seq; Rail Safety 
Improvement Act of 2008; sec 108(e) (49 USC 21109)

Abstract: This rulemaking would establish hours of service requirements 
for train employees engaged in commuter and intercity passenger rail 
transport.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Kathryn Shelton, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 1200 New Jersey 
Avenue, SE, Washington, DC 20590
Phone: [phone]
Email: [e-mail]

RIN: 2130-AC15
_______________________________________________________________________


Department of Transportation (DOT)                     Final Rule Stage


Federal Railroad Administration (FRA)



_______________________________________________________________________




423. <> [rplus]POSITIVE TRAIN CONTROL

 Regulatory Plan: This entry is Seq. No. 126 in part II of this issue 
of the Federal Register.

RIN: 2130-AC03
BILLING CODE 4910--06--S
_______________________________________________________________________


Department of Transportation (DOT)                    Completed Actions


Federal Transit Administration (FTA)



_______________________________________________________________________



424. BUS TESTING: PHASE-IN OF BRAKE PERFORMANCE AND EMISSIONS TESTING, 
AND PROGRAM UPDATES (COMPLETION OF A SECTION 610 REVIEW)

Legal Authority: 49 USC 5318(a)

Abstract: This rulemaking modifies the Bus Testing rule to incorporate 
tests for brake performance and emissions. This rulemaking also updates 
and clarifies the existing regulation found at 49 CFR 665.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/30/08                    73 FR 56781
NPRM Comment Period End         12/01/08
Final Rule                      10/05/09                    74 FR 51083
Final Rule Effective            01/01/10

Regulatory Flexibility Analysis Required: No

Agency Contact: Richard Wong, Attorney-Advisor, Department of 
Transportation, Federal Transit Administration, 1200 New Jersey Avenue, 
SE, Washington, DC 20590
Phone: [phone]
Fax: [phone]
Email: [e-mail]

RIN: 2132-AA95
_______________________________________________________________________




425. BUY AMERICA; PETITION FOR RULEMAKING (COMPLETION OF A SECTION 610 
REVIEW)

Legal Authority: 49 USC 5323(j)

Abstract: This rulemaking reclassifies bi-metallic aluminum rail under 
FTA's Buy America rule. Both running rail (carrying the weight of the 
train) and power rail (carrying the electric power supply) were treated 
alike under the Buy America regulation, i.e., all rail products must be 
produced in the

[[Page 64492]]

United States, including all manufacturing processes, except 
metallurgical processes involving refinement of steel additives. FTA 
now classifies bi-metallic aluminum rail as ``traction power 
equipment,'' subject to a 60/40% domestic/nondomestic content 
requirement and final assemble in the United States.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/24/08                    73 FR 70950
NPRM Comment Period End         01/23/09
Final Rule                      06/25/09                    74 FR 30237
Final Rule Effective            07/27/09

Regulatory Flexibility Analysis Required: No

Agency Contact: Richard Wong, Attorney-Advisor, Department of 
Transportation, Federal Transit Administration, 1200 New Jersey Avenue, 
SE, Washington, DC 20590
Phone: [phone]
Fax: [phone]
Email: [e-mail]

RIN: 2132-AA99
_______________________________________________________________________




426. SCHOOL BUS OPERATIONS (COMPLETION OF A SECTION 610 REVIEW)

Legal Authority: 49 USC 5323(f)

Abstract: This rulemaking would have amended the regulations that 
govern the provision of services to school students and personnel by 
recipients of Federal funds from the Federal Transit Administration for 
consistency with the statutory provisions enacted by SAFETEA-LU 
regarding penalties for violations of the regulations. This rulemaking 
would also have clarified the exisiting requirements for 
differentiating permissible services from prohibited services to school 
students and personnel. FTA, however, recently determined that 
withdrawal of the NPRM is appropriate in consideration of public 
misconceptions with FTA's regulatory proposal.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       06/26/09                    74 FR 30499

Regulatory Flexibility Analysis Required: No

Agency Contact: Michael Culotten, Attorney-Advisor, Department of 
Transportation, Federal Transit Administration, 1200 New Jersey Avenue, 
SE, Washington, DC 20590
Phone: [phone]
Fax: [phone]

RIN: 2132-AB00
BILLING CODE 4910--57--S
_______________________________________________________________________


Department of Transportation (DOT)                  Proposed Rule Stage


Pipeline and Hazardous Materials Safety Administration (PHMSA)



_______________________________________________________________________




427. <> [rplus]HAZARDOUS MATERIALS: REVISIONS TO 
REQUIREMENTS FOR THE TRANSPORTATION OF LITHIUM BATTERIES

Legal Authority: 49 USC 5101 et seq

Abstract: This rulemaking would amend the Hazardous Materials 
Regulations to comprehensively address the safe transportation of 
lithium cells and batteries. The intent of the rulemaking is to 
strengthen the current regulatory framework by imposing more effective 
safeguards, including design testing to address risks related to 
internal short circuits, and enhanced packaging, hazard communication, 
and operational measures for various types and sizes of lithium 
batteries in specific transportation contexts. The rulemaking responds 
to several recommendations issued by the National Transportation Safety 
Board.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Kevin Leary, Transportation Specialist, Department of 
Transportation, Pipeline and Hazardous Materials Safety Administration, 
1200 New Jersey Avenue, SE, Washington, DC 20590
Phone: [phone]
Email: [e-mail]

RIN: 2137-AE44
BILLING CODE 4910--60--S
_______________________________________________________________________


Department of Transportation (DOT)                  Proposed Rule Stage


Maritime Administration (MARAD)



_______________________________________________________________________




428. [rplus]CARGO PREFERENCE -- COMPROMISE, ASSESSMENT, MITIGATION, 
SETTLEMENT AND COLLECTION OF CIVIL PENALTIES

 Regulatory Plan: This entry is Seq. No. 129 in part II of this issue 
of the Federal Register.

RIN: 2133-AB75
[FR Doc. E9-28604 Filed 12-04-09; 8:45 am]
BILLING CODE 4910-81-S