[Federal Register Volume 74, Number 89 (Monday, May 11, 2009)]
[Proposed Rules]
[Pages 21969-21990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10277]
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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, (202) 366-4723.
Specific
You should direct all comments and inquiries on particular
items in the agenda to the individual listed for the regulation or
the general rulemaking contact person for the operating
administration in Appendix B. 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 November 24, 2008 (73 FR 71402). The next
one is scheduled for publication in the Federal Register in October
2009.
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 spring 2009
memorandum from the Office of Management and Budget.
First, the agenda is divided by initiating offices. Then, the
agenda is
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divided into five categories: (1) Prerule stage, (2) proposed rule
stage, (3) final rule stage, (4) long-term actions, and (5)
completed actions. For each entry, the agenda provides the
following information: (1) Its ``significance''; (2) a short
descriptive title; (3) its legal basis; (4) the related regulatory
citation in the Code of Federal Regulations; (5) any legal deadline
and, if so, for what action (e.g., NPRM, final rule); (6) an
abstract; (7) a timetable, including the earliest expected date for
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: March 25, 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)
(Name of contact person), 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
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New Jersey Avenue SE., Washington, DC 20590.
Federal Railroad Administration (FRA)
Michelle Silva, Docket Clerk, Federal Railroad Administration,
1200 New Jersey Avenue SE., Room W31-109, Washington, DC 20590;
telephone (202) 493-6030.
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, (202) 366-5158.
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 (202) 267-9680; 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, (202) 366-4723.
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 (202) 267-3073.
FHWA - Jennifer Outhouse, Office of Chief Counsel, 1200 New
Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-0761.
FMCSA - Steven J. LaFreviere, Regulatory Ombudsman, 1200 New
Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-0596.
NHTSA - Steve Wood, Office of Chief Counsel, 1200 New Jersey
Avenue SE., Washington, DC 20590; telephone (202) 366-2992.
FRA - 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 (202) 366-0091.
PHMSA - Patricia Burke, Office of Chief Counsel, 1200 New
Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-4400.
MARAD - Christine Gurland, Office of Chief Counsel, Maritime
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone (202) 366-5157.
RITA - Robert Monniere, Office of Chief Counsel, 1200 New
Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-5498.
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
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Administrations have a 10-year review plan. These reviews comply
with 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
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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
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5 14 CFR parts 255 through 298 and 49 CFR part 40......................... 2012 2013
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
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Year 1 (fall 2008) List of rules that will be analyzed during the next
year
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
FEDERAL AVIATION ADMINISTRATION
SECTION 610 REVIEW PLAN
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Analysis
Year Regulations to be Reviewed Year Review Year
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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
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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 above. 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 SEIONOSE
will be reviewed in accordance with section 610 (b) to determine if it
should be continued without change or changed to minimize impact on
small entities. Results of those reviews will be published in the DOT
semiannual regulatory agenda.
Year 10 (fall 2007) List of rules analyzed and summary of the results
14 CFR part 91 - General Operating and Flight Rules
Section 610: The agency has conducted a 610 Review for this part and
found three Amendments with SEIOSNOSE.
Amendment No. 91-203
Amendment No. 91-203, pursuant to two legislative mandates,
established requirements for an aircraft to have an operating
transponder (basic transponder or Mode S transponder) with automatic
altitude reporting equipment (Mode C transponder) when operating in the
vicinity of certain primary airports for which a terminal radar
approach control service area had been established and in other
airspace at and above 10,000 feet mean sea level. The Airport and
Airway Safety and Capacity Expansion Act of 1987 (Pub. L. 100-223, Dec.
30, 1987) required the FAA to issue regulations requiring the use of a
transponder with Mode C capability in terminal airspace above a minimum
altitude
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to be determined by the FAA. These revisions were intended to reduce
the potential for midair collisions between aircraft under the control
of air traffic control (ATC) and those that chose to operate without
ATC assistance.
Original FAA finding: Initially, the FAA found that this
amendment would not have a SEIOSNOSE. However, during the NPRM
phase of this rulemaking, the FAA received numerous comments
suggesting that the proposed rules would significantly impact small
businesses. The FAA received many comments from private airports,
state aviation organizations, and private trade associations that
indicated there would be a significant economic impact to private
and public airports, as well as fixed based operators at those
airports. Comments from businesses engaged in aerial agriculture
and pest control, as well as aerial advertising, indicated that the
proposed rules would have significant economic impact on these
businesses also. Therefore, the FAA reconsidered its finding and
agreed that the comments indicated that there would be a SEIOSNOSE.
To mitigate the impact on small entities, the FAA considered
three alternative approaches to this rulemaking: (1) Delay
implementation for a longer period; (2) establish different
standards for small entities; and (3) design the airspace to
minimize the impact. The FAA rejected the second and third
approaches because it found them to be contrary to the legislative
mandates, inequitable, and would result in a diminished safety
benefit. The FAA recognized the economic benefit in delaying the
implementation of this amendment for a longer period of time to
allow for an increase in the supply of the required avionics that
should lower the cost of this equipment. However, the FAA stated
that the safety need was so great that it was necessary to move
forward with the regulations. Therefore, instead of completely
delaying the implementation date, the FAA implemented the
regulations in two phases over a period of 18 months.
Finding of this 5 U.S.C. section 610 analysis and review:
Although the FAA attempted to mitigate the economic impact on small
entities by delaying the implementation period, compliance with the
amendment still imposes a SEIOSNOSE. Therefore, based on this
periodic analysis of the current impact of amendment No. 91-203 on
small entities, there continues to be a SEIOSNOSE. No changes are
needed because these regulations are mandated by statute and impose
the least burden.
Amendment No. 91-263
Amendment No. 91-263 required that certain airplanes be
equipped with an FAAapproved terrain awareness and warning system
(TAWS) (also referred to as an enhanced ground proximity warning
system). It is an operating rule that affects all U.S.-registered
turbine-powered airplanes with six or more passenger seats
(exclusive of pilot and copilot seating). The rule promotes safety
by increasing the warning times and situational awareness of flight
crews to decrease the risk of controlled flight into terrain
accidents.
Original FAA finding: The FAA determined that this amendment
would have a SEIOSNOSE. The FAA noted that the types of entities
potentially affected by this rule would include manufacturers of
transport category airplanes, manufacturers of ground proximity
warning equipment, scheduled air carriers, and nonscheduled air
carriers. The small entities that operate under part 91 that were
expected to be impacted by this rule would include corporate,
business, personal, instruction, aerial application, and local
governments. The FAA estimated that the fleet of aircraft to which
the rule would apply would be approximately 6,000 turbojets and
6,000 turboprops. The small entities associated with this size
fleet constituted a substantial number and the cost impact was
considered to be potentially significant. Therefore, the FAA took
measures to mitigate the economic impact on small entities.
The FAA made efforts to reduce the impact on these potentially
affected small entities by requiring a substantially less expensive
and easier to install TAWS for part 91 operators. The FAA
determined that there are two classes of TAWS equipment that can
provide the desired level of safety: Class A, which includes a
terrain situational awareness display, and Class B, which includes
only the basic TAWS safety features. The FAA allowed part 91
operators to achieve the desired safety levels by installing the
less expensive Class B TAWS equipment. This approach significantly
reduced the cost of compliance to small entities, and still met the
rule's safety goals.
Finding of this 5 U.S.C. section 610 analysis and review:
Although the FAA attempted to reduce the impact on the potentially
affected small entities by requiring a substantially less expensive
and easier to install TAWS for part 91 operators, compliance with
the amendment still imposes a SEIOSNOSE. Therefore, based on this
periodic analysis of the current impact of amendment No. 91-263 on
small entities, there continues to be a SEIOSNOSE. The benefits
justify their costs and the regulations impose the least burden
while still meeting the rule's safety goals.
Amendment No. 91-276 (Reduced Vertical Separation Minimum in
Domestic United States Airspace)
Amendment No. 91-276, Reduced Vertical Separation Minimum in
Domestic United States Airspace, expanded Reduced Vertical
Separation Minimum (RVSM) operations to aircraft operating between
29,000 and 41,000 feet in the airspace of the contiguous 48 States
of the United States and the District of Columbia, Alaska, that
portion of the Gulf of Mexico where the FAA provides air traffic
services, the San Juan Flight Information Region (FIR), and the
airspace between Florida and the San Juan FIR. The amendment also
required any aircraft that is equipped with TCAS II and flown in
RVSM airspace to incorporate a version of TCAS II software that is
compatible with RVSM operations. The goals of this amendment were
to assist aircraft operators to save fuel and time, to enhance air
traffic control flexibility, and to enhance airspace capacity.
Original FAA finding: The FAA initially determined that this
amendment would have a SEIOSNOSE. The FAA found through analysis
that approximately 380 small operators would be significantly
impacted by this amendment. These small operators were expected to
experience some disadvantages relative to large transport carriers,
such as less flexibility for rotating their fleets through the RVSM
approval process without a disruption in service, or suffering a
significant fuel penalty by continuing to operate below 29,000 feet
if electing to not upgrade or to delay aircraft upgrade plans.
[[Page 21976]]
Therefore, the FAA considered alternatives to mitigate the
economic impact on these small entities.
To reduce this economic impact, the FAA considered several
alternative approaches to this rulemaking, including not enforcing
the rule on small entities. Under this scenario, small operators
would avoid $285.5 million in upgrade costs and downtime costs, but
safety would be compromised as a result of some 2,400 non-approved
aircraft operating in the RVSM stratum. Therefore, the FAA rejected
this alternative. The FAA also considered a phased implementation
of RVSM alternative to give small entities greater flexibility. It
considered implementation of RVSM for a smaller band such as 33,000
to 37,000 feet with eventual expansion to the full RVSM envelope of
29,000 to 41,000 feet. This alternative was rejected on the basis
of simulations that revealed system safety and airspace management
were negatively impacted when RVSM was applied in any altitude band
other than 29,000 to 41,000 feet. In addition, controller workload,
the potential for controller error, and operational complexity all
increased. The FAA rejected this alternative in favor of the rule,
as well. The FAA concluded that the final rule represented the best
balance of costs and benefits for airspace users and air traffic
providers without a reduction in aviation safety.
Finding of this 5 U.S.C. section 610 analysis and review:
Since promulgation of this rule, circumstances have remained such
that there is a continued need for the rule as implemented. Small
entities retain the option of not upgrading their equipment to take
advantage of RVSM operations and continuing to operate below 29,000
feet if they feel this is more to their advantage. However, based
on this periodic analysis of the current impact of amendment No.
91-276, Reduced Vertical Separation Minimum in Domestic United
States Airspace, on small entities, there continues to be a
SEIOSNOSE. The FAA concludes that the final rule represents the
best balance of costs and benefits for airspace users and air
traffic providers without a reduction in aviation safety.
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.
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
----------------------------------------------------------------------------------------------------------------
[[Page 21977]]
Year 1 (fall 2008) List of rules that will be analyzed during the next
year
49 CFR part 372, subpart A - Exemptions
49 CFR part 381 - Waivers, exemptions, and pilot programs
Year 10 (fall 2007) List of rules analyzed and a summary of results
49 CFR part 375 - Transportation of Household Goods in Interstate
Commerce; Consumer Protection regulations
Section 610: An ongoing review of the regulations indicates
there is a SEIONOSE. This part applies to small household goods firms
that are engaged in interstate operations.
General: The Agency will assess the need for changes once the
review of these regulations is complete. FMCSA's plain language review
of these regulations indicates no need for substantial revision.
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 that will be analyzed during the next
year
49 CFR part 571.223 - Standard No. 223; Rear impact guards
49 CFR part 571.224 - Standard No. 224; Rear impact protection
49 CFR part 571.225 - Standard No. 225; Child restraint anchorage
systems
49 CFR part 571.301 - Standard No. 301; Fuel system integrity
49 CFR part 571.302 - Standard No. 302; Flammability of interior
materials
49 CFR part 571.303 - Standard No. 303; Fuel system integrity of
compressed natural gas vehicles
49 CFR part 571.304 - Standard No. 304; Compressed natural gas fuel
container integrity
49 CFR part 571.305 - Standard No. 305; Electric-powered vehicles:
electrolyte spillage and electrical shock protection
49 CFR part 571.401 - Standard No. 401; Interior trunk release
49 CFR part 571.403 - Standard No. 403; Platform lift systems for motor
vehicles
49 CFR part 571.404 - Standard No. 404; Platform lift installations in
motor vehicles
49 CFR part 571.500 - Standard No. 500; Low-speed vehicles
49 CFR part 575 - Consumer information
49 CFR part 579 - Reporting of Information And Communications About
Potential Defects
Plan for Evaluating the Effectiveness of Vehicle and Behavioral
Programs, 2008-2012
In addition to reviewing its rules in accordance with the Section 610
Review Plan, NHTSA issued an Evaluation Program Plan, 2008-2012, on
August 21, 2008. This document describes the Office of Regulatory
Analysis and Evaluation's ongoing and planned evaluations of existing
Federal Motor Vehicle Safety Standards and other vehicle-safety,
behavioral-safety and consumer programs. It also summarizes the results
of completed program evaluations. On August 29, 2008, NHTSA also issued
a notice in the Federal Register (page 51045) inviting public comment
on the plan. You may review this plan at http://www-nrd.nhtsa.dot.gov/
Pubs/810983.PDF. You may review the Federal Register notice at http://
edocket.access.gpo.gov/2008/pdf/E8-20061.pdf or in HTML format at
http://edocket.access.gpo.gov/2008/E8-20061.htm.
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
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
[[Page 21978]]
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 10 (fall 2007) List of rules analyzed and a summary of results
49 CFR part 213 - Track Safety Standards
Section 610: There is a SEIOSNOSE. These are minimum safety
requirements for railroad track that is part of the general railroad
system of transportation. The FRA will conduct a formal review to
identify whether opportunities may exist to reduce the burden on small
railroads without compromising safety standards.
Plain Language: FRA's plain language review of this rule
indicates no need for substantial revision.
General: Since the rule prescribes minimum safety requirements
for railroad track that is part of the general railroad system of
transportation, it will enhance the safety of rail transportation,
protecting both those traveling and working on the system and those off
the system who might be adversely affected by a rail incident.
49 CFR part 220 - Railroad Communications
Section 610: There is a SEIOSNOSE. These are minimum
requirements governing the use of wireless communications in connection
with railroad operations. The FRA will conduct a formal review to
identify whether opportunities may exist to reduce the burden on small
railroads without compromising safety standards.
Plain Language: FRA's plain language review of this rule
indicates no need for substantial revision.
General: Since the rule prescribes minimum requirements
governing the use of wireless communications in connection with
railroad operations, uniform standard communications procedures and
requirements throughout the railroad industry are necessary to ensure
the protection and safety of railroad employees and general public, and
to minimize the number of casualties.
49 CFR part 230 - Steam Locomotive Inspection and Maintenance Standards
Section 610: There is no SEIOSNOSE.
Plain Language: FRA's plain language review of this rule
indicates no need for substantial revision.
General: Since the rule prescribes minimum Federal safety
standards of inspection and maintenance for all steam locomotives
operated on railroads, these requirements are necessary to ensure the
protection and safety of railroad employees and general public, and to
minimize the number of casualties.
49 CFR part 232 - Brake System Safety Standards for Freight and Other
Non-Passenger Train and Equipment; End- of-Train Devices
Section 610: There is a SEIOSNOSE. These are minimum Federal
safety standards for freight and other non-passenger train track
systems and equipment as well as for freight and other non-passenger
train brake systems. The FRA will conduct a formal review to identify
whether opportunities may exist to reduce the burden on small railroads
without compromising safety standards.
Plain Language: FRA's plain language review of this rule
indicates no need for substantial revision.
General: Since the rule prescribes minimum Federal safety
standards for freight and other non-passenger train track systems and
equipment as well as for freight and other non-passenger train brake
systems, it will enhance the safety of rail transportation, protecting
both those traveling and working on the system and those off the system
who might be adversely affected by a rail incident.
49 CFR part 239 - Passenger Train Emergency Preparedness
Section 610: There is no SEIOSNOSE.
Plain Language: FRA's plain language review of this rule
indicates no need for substantial revision.
General: Since the rule prescribes minimum Federal safety
standards for the preparation, adoption and implementation of emergency
preparedness plans by railroads, these requirements are necessary to
ensure the protection and safety of railroad passengers and employees
as well as the general public, and to minimize the number of
casualties.
49 CFR part 240 - Qualification and Certification of Locomotive
Engineers
Section 610: There is no SEIOSNOSE.
Plain Language: FRA's plain language review of this rule
indicates no need for substantial revision.
General: Since the rule prescribes minimum Federal safety
standards and guidelines for the eligibility, training, testing,
certification and monitoring of all locomotive engineers, it will
ensure and enhance the protection and safety of railroad employees and
general public and minimize the number of casualties.
49 CFR part 265 - Nondiscrimination in Federally Assisted Railroad
Programs
Section 610: There is no SEIOSNOSE.
Plain Language: FRA's plain language review of this rule
indicates no need for substantial revision.
General: The purpose of the rule is to ensures that no person
in the United States shall on the grounds of race, color, national
origin, or sex be excluded from participation in, or denied the
benefits of, or be subjected to discrimination under, any project,
program or activity funded in part through financial assistance under
the Railroad Revitalization and Regulatory Reform Act of 1976, or any
provision of law amended by the Act.
[[Page 21979]]
Year 1 (fall 2008) List of rule(s) that will be analyzed during next
year
49 CFR part 200 - Informal Rules of Practice for Passenger Safety
49 CFR part 201 - Formal Rules of Practice for Passenger Service
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 10 (fall 2007) List of rules analyzed and summary of results
49 CFR part 624 - Clean Fuels Program
Section 610: The Agency has determined that the rule will not
have a significant effect on a substantial number of small entities.
This rule imposes no new costs because it merely modifies the
application procedures for an existing grant program.
Plain Language: The rule was drafted using plain language
techniques.
General: No changes are necessary since the benefits of the
rule justify its costs and the regulation imposes the least burden.
Year 1 (fall 2008) List of rules that will be analyzed during the next
year
49 CFR part 604 - Charter Services
49 CFR part 605 - School Bus Operations
49 CFR part 633 - Project Management Oversight
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 10 (fall 2007) List of rules analyzed and a summary of the results
46 CFR part 390 - Capital Construction Fund
Section 610: No SEIOSNOSE. Some small entities may be
affected, but the economic impact on small entities will not be
significant.
Plain Language: Where confusing or wordy language has been
identified, we will make revisions.
General: No overall revision of the rule is needed at this
time; however, technical amendments were made to the rule so that it
correctly referenced sections in the United States Code.
46 CFR part 391 - Federal Income Tax Aspects of the Capital
Construction Fund
Section 610: No SEIOSNOSE. Some small entities may be
affected, but the economic impact on small entities will not be
significant.
Plain Language: Where confusing or wordy language has been
identified, we will make revisions.
General: No changes are needed.
Year 1 (fall 2008) List of rules that will be analyzed during the next
year
46 CFR part 201 - Rules of Practice and Procedure
46 CFR part 202 - Procedures Relating to Review by Secretary of
Transportation of Actions by Maritime Subsidy Board
[[Page 21980]]
46 CFR part 203 - Procedures Relating to Conduct of Certain Hearings
Under the Merchant Marine Act, 1936
46 CFR part 204 - Claims Against the Maritime Administration Under the
Federal Tort Claim Act
46 CFR part 205 - Audit Appeals; Policy and Procedure
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, 179, 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, 173, 174, 175, 176, 177, 178................................. 2015 2016
9 Parts 172, 173, 174, 176, 177, 193...................................... 2016 2017
10 Parts 173, 194.......................................................... 2017 2018
----------------------------------------------------------------------------------------------------------------
Year 8 (fall 2005) List of rules analyzed and a summary of the results
49 CFR part 110 - Hazardous Materials Public Sector Training and
Planning Grants
Section 610: No SEIOSNOSE. The vast majority of grant
applicants are not considered small entities as SBA defines that term.
In the past 10 years, only eight entities meeting the small business
definition have applied for and received HMEP grants. Further, the
grant application process is specifically designed to minimize the
burden on all grantees, including those that meet the definition of
small entity.
Plain Language: Where confusing or wordy language has been
identified, we will make revisions.
General: No changes are necessary since the benefits of the
rule justify its costs and the regulation imposes the least burden.
49 CFR part 195 - Transportation of Hazardous Liquids by Pipeline
Section 610: NO SEIOSNOSE. The vast majority of hazardous
liquid operators are not small entities as defined by the SBA.
Plain Language: We will make revisions where wordy or
confusing language is identified.
General: No changes are necessary since the benefits of the
rule justify its costs and the regulation imposes the least burden.
Year 1 (fall 2008) List of rules that will be analyzed during the next
year
49 CFR part 178 - Specifications for packagings
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 6 (fall 2003) List of rule(s) analyzed and a summary of results
14 CFR part 234 - Airline Service Quality Performance Reports
Section 610: No SEIOSNOSE.
Plain Language: This rule is being reviewed as part of an
overall aviation data requirements review and modernization program,
which will also take into account the plain language initiative.
General: This rule is being reviewed as part of an overall
aviation data requirements review and modernization program.
Year 7 (fall 2004) List of rule(s) analyzed and a summary of results
14 CFR part 249 - Preservation of Air Carrier Records
Section 610: No SEIOSNOSE.
[[Page 21981]]
Plain Language: This rule is being reviewed as part of an
overall aviation data requirements review and modernization program,
which will also take into account the plain language initiative.
General: This rule is being reviewed as part of an overall
aviation data requirements review and modernization program.
Year 8 (fall 2005) List of rule(s) analyzed and a summary of results
14 CFR part 248 - Submission of Audit Reports
Section 610: No SEIOSNOSE.
Plain Language: This rule is being reviewed as part of an
overall aviation data requirements review and modernization program,
which will also take into account the plain language initiative.
General: This rule is being reviewed as part of an overall
aviation data requirements review and modernization program.
Year 1 (fall 2008) List of rules that will be analyzed during the next
year
14 CFR part 241 -- Uniform System of Accounts and Reports for Large
Certificated Air Carriers, Form 41
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 that will be analyzed during the next
year
33 CFR part 401 - Seaway Regulations and Rules
33 CFR part 402 - Tariff of Tolls
33 CFR part 403 - Rules of Procedure of the Joint Tolls Review Board
Federal Aviation Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
244 [rplus]Commuter Operations in Very Light Jets (VLJs).................................. 2120-AI84
245 [rplus]Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers........ 2120-AJ00
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
Federal Aviation Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
246 [rplus]Automatic Dependent Surveillance--Broadcast (ADS-B) Equipage Mandate To Support 2120-AI92
Air Traffic Control Service...........................................................
247 [rplus]Production and Airworthiness Approvals......................................... 2120-AJ44
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
Federal Aviation Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
248 [rplus]Flight Crewmember Duty Limitations and Rest Requirements....................... 2120-AI93
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
Federal Aviation Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
249 [rplus]Washington, DC, Metropolitan Area Special Flight Rules Area.................... 2120-AI17
250 [rplus]Production and Airworthiness Approvals......................................... 2120-AI78
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
[[Page 21982]]
Federal Motor Carrier Safety Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
251 [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
----------------------------------------------------------------------------------------------------------------
252 Interstate Van Operations............................................................. 2126-AA98
253 [rplus]Commercial Driver's License Testing and Commercial Learner's Permit Standards.. 2126-AB02
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
Federal Motor Carrier Safety Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
254 [rplus]Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor 2126-AA35
Carriers Operating in the United States...............................................
255 [rplus]National Registry of Certified Medical Examiners............................... 2126-AA97
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
Federal Motor Carrier Safety Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
256 [rplus]New Entrant Safety Assurance Process........................................... 2126-AA59
257 [rplus]Requirements for Intermodal Equipment Providers and Motor Carriers and Drivers 2126-AA86
Operating Intermodal Equipment........................................................
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
National Highway Traffic Safety Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
258 Early Warning Reporting Information................................................... 2127-AK28
----------------------------------------------------------------------------------------------------------------
Federal Transit Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
259 Bus Testing: Phase-In of Brake Performance and Emissions Testing, and Program Updates 2132-AA95
(Section 610 Review)..................................................................
260 Buy America; Petition for Rulemaking (Section 610 Review)............................. 2132-AA99
----------------------------------------------------------------------------------------------------------------
[[Page 21983]]
Federal Transit Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
261 School Bus Operations (Section 610 Review)............................................ 2132-AB00
----------------------------------------------------------------------------------------------------------------
Federal Transit Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
262 [rplus]Major Capital Investment Projects--New/Small Starts............................ 2132-AA81
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
Pipeline and Hazardous Materials Safety Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
263 [rplus]Hazardous Materials: Enhancing Rail Transportation Safety and Security for 2137-AE02
Hazardous Materials Shipments.........................................................
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
Maritime Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
264 [rplus]Cargo Preference--Compromise, Assessment, Mitigation, Settlement and Collection 2133-AB75
of Civil Penalties....................................................................
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
_______________________________________________________________________
Department of Transportation (DOT) Proposed Rule Stage
Federal Aviation Administration (FAA)
_______________________________________________________________________
244. [rplus]COMMUTER OPERATIONS IN VERY LIGHT JETS (VLJS)
Legal Authority: 49 USC 106(g); 49 USC 1155; 49 USC 40103; 49 USC
40113; 49 USC 40119; 49 USC 40120; 49 USC 44101; 49 USC 44111; 49 USC
44701; 49 USC 44705; 49 USC 44709 to 44713; 49 USC 44715 to 44717; 49
USC 44722; 49 USC 44901; 49 USC 44903; 49 USC 44912; 49 USC 46105; 49
USC 46306; 49 USC 46316; 49 USC 46504; 49 USC 46506; 49 USC 47122; 49
USC 47508; 49 USC 47528 to 47531; 49 USC 44702; 49 USC 44904; 49 USC
46507
Abstract: This rulemaking would establish a rule to allow passenger-
carrying commuter operations to be conducted under the provisions of
part 135 using multiengine turbojets, certificated under either part 23
or part 25, configured with 9 or fewer passenger seats. The rulemaking
would allow multiengine turbojet operators to provide commuter service
to the traveling public, thus accommodating new techonologies and a new
generation of turbojet airplanes that otherwise would not be allowed in
part 135 commuter service. Since 1995, turbojets used in scheduled
operations must operate under the provisions of part 121. This current
rulemaking resulted, in part, from recommendations from the Aviation
Rulemaking Committee for parts 14 CFR 135/125 and covers pilot crew,
equipment, training, and dispatch requirements for the safe operation
of this new generation airplane.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 10/00/09
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Alberta Brown, Air Transportation Division, Department
of Transportation, Federal Aviation Administration, 800 Independence
Avenue SW, Washington, DC 20591
Phone: 202 267-8321
RIN: 2120-AI84
_______________________________________________________________________
245. [rplus]QUALIFICATION, SERVICE, AND USE OF CREWMEMBERS AND AIRCRAFT
DISPATCHERS
Legal Authority: 49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC
44101; 49 USC 44701 and 44702; 49 USC 44705; 49 USC 44709 to 44711; 49
USC 44713; 49 USC 44716 and 44717; 49 USC 44722; 49 USC 44901; 49 USC
44903 and 44904; 49 USC 44912; 49 USC 46105
Abstract: This rulemaking would amend the regulations for crewmember
and dispatcher training programs in domestic, flag, and supplemental
operations. The rulemaking would enhance traditional training programs
[[Page 21984]]
by requiring the use of flight simulation training devices for flight
crewmembers and including additional training requirements in areas
that are critical to safety. The rulemaking would also reorganize and
revise the qualification and training requirements. The changes are
intended to contribute significantly to reducing aviation accidents.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 01/12/09 74 FR 1280
Notice of Public Meeting 03/12/09
NPRM Comment Period Extended 04/20/09 74 FR 17910
NPRM Comment Period End 05/12/09
Extended NPRM Comment Period End08/10/09
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Edward Cook, Flight Standards Service, Department of
Transportation, Federal Aviation Administration, Suite 400, 100
Hartsfield Centre Parkway, Atlanta, GA 30354
Phone: 404 832-4700
Email: edward.cook@faa.gov
RIN: 2120-AJ00
_______________________________________________________________________
Department of Transportation (DOT) Final Rule Stage
Federal Aviation Administration (FAA)
_______________________________________________________________________
246. [rplus]AUTOMATIC DEPENDENT SURVEILLANCE--BROADCAST (ADS-B) EQUIPAGE
MANDATE TO SUPPORT AIR TRAFFIC CONTROL SERVICE
Legal Authority: 49 USC 1155; 49 USC 40103; 49 USC 40113; 49 USC 40120;
49 USC 44101; 49 USC 44111; 49 USC 44701; 49 USC 44709; 49 USC 44711
and 44712; 49 USC 44715 to 44717; 49 USC 44722; 49 USC 46306; 49 USC
46315 and 46316; 49 USC 46504; 49 USC 46506; 49 USC 47122; 49 USC
47508; 49 USC 47528 to 47531; 49 USC 106(g); Articles 12 and 29 of
61stat.1180; 49 USC 46507
Abstract: This rulemaking would require Automatic Dependent
Surveillance-Broadcast (ADS-B) Out equipment on aircraft to operate in
certain classes of airspace within the United States National Airspace
System. The rulemaking is necessary to accommodate the expected
increase in demand for air transportation, as described in the Next
Generation Air Transportation System Integrated Plan. The intended
effect of this rule is to provide the Federal Aviation Administration
with a comprehensive surveillance system that accommodates the
anticipated increase in operations and would provide a platform for
additional flight applications and services.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 10/05/07 72 FR 56947
NPRM Comment Period End 11/19/07 72 FR 64966
NPRM Comment Period Extended 01/03/08
Comment Period End 03/03/08
Reopened for Comments on ARAC
Recommendation 10/02/08 73 FR 57270
Comment Period End 11/03/08
Final Action 04/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Vincent Capezzuto, Terminal Program Operations,
Department of Transportation, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591
Phone: 202 385-8637
Email: vincent.capezzuto@faa.gov
RIN: 2120-AI92
_______________________________________________________________________
247. <> [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 Action 08/00/09
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Barbara Capron, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue, SW, Washington, DC
20591
Phone: 202 267-3343
Email: barbara.capron@faa.gov
RIN: 2120-AJ44
[[Page 21985]]
_______________________________________________________________________
Department of Transportation (DOT) Long-Term Actions
Federal Aviation Administration (FAA)
_______________________________________________________________________
248. [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 and 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 amend the regulations on duty period
limitations, flight time limitations, and rest requirements for flight
crewmembers engaged in air transportation. The changes would respond to
the need to ensure that the rules will continue to provide the minimum
level of safety. This rulemaking responds to public and congressional
interest in regulating flight crewmember rest requirements, NTSB Safety
Recommendations, petitions for rulemaking, and scientific data. This
action is considered significant because of substantial public
interest. The FAA is considering proposing additional changes in
response to comments received on the NPRM.
Timetable: Next Action Undetermined
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: 202 267-9360
Email: larry.youngblut@faa.gov
RIN: 2120-AI93
_______________________________________________________________________
Department of Transportation (DOT) Completed Actions
Federal Aviation Administration (FAA)
_______________________________________________________________________
249. [rplus]WASHINGTON, DC, METROPOLITAN AREA SPECIAL FLIGHT RULES AREA
Legal Authority: 49 USC 106(g); 49 USC 40103; 49 USC 40106; 49 USC
40109; 49 USC 40113; 49 USC 44502
Abstract: This rulemaking would codify restrictions for certain
aircraft operations in the Washington, DC, Metropolitan Area. This
action is necessary because of the ongoing threat of terrorist attacks.
The FAA intends by this action to help the Department of Homeland
Security and the Department of Defense protect national assets in the
National Capital region. We are developing the rule in conjunction with
the Department of Defense and Department of Homeland Security.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 08/04/05 70 FR 45250
Correction 08/24/05 70 FR 49515
NPRM Comment Period End 11/02/05
NPRM 11/07/05 70 FR 67388
End of Extended Comment Period 02/06/06
Final Rule 12/16/08 73 FR 76195
Correction 12/29/08 73 FR 79313
Final Rule Effective 02/17/09
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Ellen Crum, Air Traffic Systems Operations, Department
of Transportation, Federal Aviation Administration, 800 Independence
Avenue SW, Washington, DC 20591
Phone: 202 267-8783
Email: ellen.crum@dot.gov
RIN: 2120-AI17
_______________________________________________________________________
250. [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 change certification procedures and
identification requirements for aeronautical products and parts. The
changes would address standardizing requirements for production
approval holders; requiring production approval holders to issue
airworthiness approvals for aircraft engines, propellers, and other
aviation parts; requiring manufacturers to mark all parts and
components; and revising export airworthiness approval requirements to
facilitate global manufacturing. The intent of these changes is to
promote safety by ensuring that aircraft, and parts designed
specifically for use in aircraft, wherever manufactured, meet
applicable standards. This action is also necessary to update our
regulations to reflect the current global aircraft and aircraft parts
manufacturing environment. Some of the information reported here, under
RIN 2120-AI78, was inadvertently included. It pertains to RIN 2120-
AJ44. The rulemaking under RIN 2120-AI78 was published on 11/23/2007
and became effective on 1/14/2008. Rulemaking 2120-AI78 is complete and
will not be on the next report.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 10/05/06 71 FR 58914
NPRM Comment Period Extended 12/20/06 71 FR 76224
NPRM Comment Period End 01/03/07
End of Extended Comment Period 02/05/07
Notice of Availability and
Request for comments 02/14/07 72 FR 6968
Comment Period End 04/02/07
Final Rule 11/13/07 72 FR 63797
Final Rule Effective 01/14/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Barbara Capron, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue, SW, Washington, DC
20591
Phone: 202 267-3343
Email: barbara.capron@faa.gov
RIN: 2120-AI78
BILLING CODE 4910--13--S
[[Page 21986]]
_______________________________________________________________________
Department of Transportation (DOT) Proposed Rule Stage
Federal Motor Carrier Safety Administration (FMCSA)
_______________________________________________________________________
251. [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. 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 03/00/10
Regulatory Flexibility Analysis Required: Yes
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: 202 366-0901
Email: valerie.height@dot.gov
RIN: 2126-AA22
_______________________________________________________________________
Department of Transportation (DOT) Final Rule Stage
Federal Motor Carrier Safety Administration (FMCSA)
_______________________________________________________________________
252. 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 Action 07/00/09
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Thomas Yager, Driver and Carrier Operations Division,
Department of Transportation, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590
Phone: 202 366-4325
Email: tom.yager@dot.gov
RIN: 2126-AA98
_______________________________________________________________________
253. [rplus]COMMERCIAL DRIVER'S LICENSE TESTING AND COMMERCIAL LEARNER'S
PERMIT STANDARDS
Legal Authority: PL 109-347, sec 703; 49 USC 31102; PL 105-178, 112
Stat 414 (1998); PL 99-570, title XII, 100 Stat 3207 (1086); PL 102-
240, sec 4007(a)(1), Stat. 1914, 2151; PL 109-59 (2005), sec 4122; 49
USC 31136
Abstract: This rulemaking would establish revisions to the commercial
driver's license knowledge and skills testing standards as required by
section 4019 of TEA-21, implement fraud detection and prevention
initiatives at the State driver licensing agencies as required by the
SAFE Port Act of 2006, and establish new minimum Federal standards for
States to issue commercial learner's permits (CLPs), based in part on
the requirements of section 4122 of SAFETEA-LU. In addition, to
ensuring the applicant has the appropriate knowledge and skills to
operate a commercial motor vehicle, this rule would establish the
minimum information that must be on the CLP document and the electronic
driver's record. The rule would also establish maximum issuance and
renewal periods, establish a minimum age limit, address issues related
to a driver's State of Domicile, and incorporate previous regulatory
guidance into the Federal regulations. This rule would also address
issues raised in the SAFE Port Act.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 04/09/08 73 FR 19282
NPRM Comment Period Extended 06/09/08 73 FR 32520
NPRM Comment Period End 06/09/08
Second NPRM Comment Period End 07/09/08
Final Action 02/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Robert Redmond, Senior Transportation Specialist,
Department of Transportation, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590
Phone: 202 366-5014
Email: robert.redmond@dot.gov
RIN: 2126-AB02
[[Page 21987]]
_______________________________________________________________________
Department of Transportation (DOT) Long-Term Actions
Federal Motor Carrier Safety Administration (FMCSA)
_______________________________________________________________________
254. [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 is waiting for Interim Final Rule
experience after the border opens before deciding what to do next on
this rulemaking. FMCSA originally planned to publish a final rule by
November 28, 2003.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 05/03/01 66 FR 22415
NPRM Comment Period End 07/02/01
Interim Final Rule 03/19/02 67 FR 12758
IFR Comment Period End 04/18/02
IFR 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, CDL Division (MC-ESL),
Department of Transportation, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590
Phone: 202 366-2995
Email: dominick.spataro@dot.gov
RIN: 2126-AA35
_______________________________________________________________________
255. [rplus]NATIONAL REGISTRY OF CERTIFIED MEDICAL EXAMINERS
Legal Authority: PL 109-59 (2005), sec 4116
Abstract: This rulemaking would establish training, testing and
certification standards for medical examiners responsible for
certifying that interstate commercial motor vehicle drivers meet
established physical qualifications standards; provide a database (or
National Registry) of medical examiners that meet the prescribed
standards for use by motor carriers, drivers, and Federal and State
enforcement personnel in determining whether a medical examiner is
qualified to conduct examinations of interstate truck and bus drivers;
and require medical examiners to transmit electronically to FMCSA the
name of the driver and a numerical identifier for each driver that is
examined. The rulemaking would also establish the process by which
medical examiners that fail to meet or maintain the minimum standards
would be removed from the National Registry. This action is in response
to section 4116 of Safe, Accountable, Flexible, Efficient,
Transportation Equity Act: A Legacy for Users.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 12/01/08 73 FR 73129
NPRM Comment Period End 01/30/09
Final Action 04/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Dr. Mary D. Gunnels, Director, Office of Medical
Programs, Department of Transportation, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590
Phone: 202 366-4001
Email: maggi.gunnels@dot.gov
RIN: 2126-AA97
_______________________________________________________________________
Department of Transportation (DOT) Completed Actions
Federal Motor Carrier Safety Administration (FMCSA)
_______________________________________________________________________
256. [rplus]NEW ENTRANT SAFETY ASSURANCE PROCESS
Legal Authority: PL 106-159, sec 210; 113 Stat 1748 (1999); PL 107-87,
sec 350; 49 USC 31144
Abstract: This rule will change the New Entrant Safety Assurance
Process by raising the standard of compliance for passing the new
entrant safety audit. It also makes clarifying changes to some of the
existing new entrant regulations. The rule also proposes a separate
application procedure and safety oversight system for non-North
America-domiciled motor carriers. The rule will improve the Agency's
ability to identify at-risk new entrant carriers and will ensure
deficiencies in basic safety management controls are corrected before
the new entrant is granted permanent registration. These changes will
not impose additional operational requirements on any new entrant
carrier. All new entrants will continue to receive educational
information on how to comply with the safety regulations and be given
an opportunity to correct any deficiencies found. FMCSA recognizes many
new entrants are small businesses that are unaware of these
requirements and continue to need our assistance.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Interim Final Rule (IFR) 05/13/02 67 FR 31978
IFR Comment Period End 07/12/02
IFR Effective 01/01/03
NPRM 12/21/06 71 FR 76730
NPRM Comment Period End 02/20/07
Final Rule 12/16/08 73 FR 76472
Final Rule Effective 02/17/09
[[Page 21988]]
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Stephanie Haller, Enforcement and Compliance Division,
Department of Transportation, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590
Phone: 202 366-0178
Email: stephanie.haller@dot.gov
RIN: 2126-AA59
_______________________________________________________________________
257. [rplus]REQUIREMENTS FOR INTERMODAL EQUIPMENT PROVIDERS AND MOTOR
CARRIERS AND DRIVERS OPERATING INTERMODAL EQUIPMENT
Legal Authority: 49 USC 31136; 49 USC 31151; PL 109-59 (2005), sec
4118; 49 USC 31502
Abstract: This rulemaking would require entities that offer intermodal
container chassis for transportation in interstate commerce to: file a
Motor Carrier Identification Report (Form MCS-150); display a USDOT
identification number on each chassis offered for such transportation;
establish a systematic inspection, repair, and maintenance program to
ensure the safe operating condition of each chassis offered for
transportation and maintain documentation of the program; and provide a
means for effectively responding to driver and motor carrier complaints
about the condition of intermodal container chassis. The rulemaking is
considered significant because of substantial industry and
congressional interest and because it involves other departmental
modes. It is required by SAFETEA-LU.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 12/21/06 71 FR 76796
NPRM Comment Period End 03/21/07
Comment Period Extended 04/13/07 72 FR 18615
Extended Comment Period End 05/21/07
Final Rule 12/17/08 73 FR 76794
Final Rule Effective 06/17/09
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Deborah M. Freund, Senior Transportation Specialist,
Department of Transportation, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590
Phone: 202 366-5370
Email: deborah.freund@dot.gov
RIN: 2126-AA86
BILLING CODE 4910--EX--S
_______________________________________________________________________
Department of Transportation (DOT) Final Rule Stage
National Highway Traffic Safety Administration (NHTSA)
_______________________________________________________________________
258. 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. This rulemaking
has been downgraded and will not appear on next month's report.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 12/05/08 73 FR 74101
NPRM Comment Period End 02/03/09
Final Action 02/00/10
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: 202 366-4238
Email: tina.morgan@dot.gov
RIN: 2127-AK28
BILLING CODE 4910--59--S
_______________________________________________________________________
Department of Transportation (DOT) Final Rule Stage
Federal Transit Administration (FTA)
_______________________________________________________________________
259. BUS TESTING: PHASE-IN OF BRAKE PERFORMANCE AND EMISSIONS TESTING,
AND PROGRAM UPDATES (SECTION 610 REVIEW)
Legal Authority: 49 USC 5318(a)
Abstract: This rulemaking would modify the Bus Testing rule to
incorporate tests for brake performance and emissions. This rulemaking
would also update and clarify 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 Action 10/00/09
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: 202 366-6067
Fax: 202 366-3809
Email: richard.wong@dot.gov
RIN: 2132-AA95
_______________________________________________________________________
260. BUY AMERICA; PETITION FOR RULEMAKING (SECTION 610 REVIEW)
Legal Authority: 49 USC 5323(j)
Abstract: This rulemaking would address the treatment of bi-metallic
aluminum rail under FTA's Buy America rule. Presently, both running
rail (carrying the weight of the train) and power rail (carrying the
electric power supply) are treated alike under the Buy America
regulation, i.e., all rail
[[Page 21989]]
products must be produced in the United States, including all
manufacturing processes, except metallurgical processes involving
refinement of steel additives. During its recent Buy America
rulemaking, FTA received several requests to classify bi-metallic
aluminum rail as ``traction power equipment.'' Such a move would
subject bi-metallic aluminum rail to a 60/40% domestic/non-domestic
content requirement, provided that final assembly takes place in the
United States.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 11/24/08 73 FR 70950
NPRM Comment Period End 01/23/09
Final Action 06/00/09
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: 202 366-6067
Fax: 202 366-3809
Email: richard.wong@dot.gov
RIN: 2132-AA99
_______________________________________________________________________
Department of Transportation (DOT) Long-Term Actions
Federal Transit Administration (FTA)
_______________________________________________________________________
261. SCHOOL BUS OPERATIONS (SECTION 610 REVIEW)
Legal Authority: 49 USC 5323(f)
Abstract: This rulemaking would amend 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 clarify
the existing requirements for differentiating permissible services from
prohibited services to school students and personnel.
Timetable: Next Action Undetermined
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: 202 493-0509
Fax: 202 366-3809
RIN: 2132-AB00
_______________________________________________________________________
Department of Transportation (DOT) Completed Actions
Federal Transit Administration (FTA)
_______________________________________________________________________
262. [rplus]MAJOR CAPITAL INVESTMENT PROJECTS--NEW/SMALL STARTS
Legal Authority: PL 109-59, sec 3011
Abstract: This rulemaking would establish a simplified evaulation
process for projects seeking less than $75 million in New Starts funds.
The rule will set out FTA's evaluation and rating process for proposed
projects based on the results of project justification and local
financial commitment. This action is mandated by SAFETEA-LU. The 2008
Appropriations Act prohibited a Final Rule. A Continuing Resolution
(Pub. L. 110-329, Division A) continues in effect the prohibition of
the 2008 Appropriations Act on the issuance of a Final Rule.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 01/30/06 71 FR 4864
ANPRM Comment Period End 03/10/06
NPRM 08/03/07 72 FR 43328
NPRM Comment Period End 11/01/07
Withdrawn 02/17/09 74 FR 7388
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Christopher VanWyk, Attorney-Advisor, Department of
Transportation, Federal Transit Administration, 1200 New Jersey Avenue
SE, Washington, DC 20590
Phone: 202 366-1733
Email: christopher.vanwyk@fta.dot.gov
RIN: 2132-AA81
BILLING CODE 4910--57--S
_______________________________________________________________________
Department of Transportation (DOT) Completed Actions
Pipeline and Hazardous Materials Safety Administration (PHMSA)
_______________________________________________________________________
263. [rplus]HAZARDOUS MATERIALS: ENHANCING RAIL TRANSPORTATION SAFETY
AND SECURITY FOR HAZARDOUS MATERIALS SHIPMENTS
Legal Authority: 49 USC 5101 to 5127
Abstract: In consultation with the Federal Railroad Administration
(FRA), PHMSA would revise the current requirements on the safe and
secure transportation of hazardous materials transported in commerce by
rail. It may require rail carriers to (1) compile annual data on
certain shipments of hazardous materials and use the data to analyze
safety and security risks along rail transportation routes where those
materials are transported; (2) assess alternative routing options and
make routing decisions based on those assessments; and (3) clarify the
current security plan requirements to address en route storage and
delays in transit. This rulemaking was scheduled to have a final rule
published by 12/24/2007.
[[Page 21990]]
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Request for Comments 08/10/04 69 FR 50987
Comment Period End 10/18/04
NPRM 12/21/06 71 FR 76834
NPRM Comment Period End 02/20/07
Interim Final Rule 04/16/08 73 FR 20751
Interim Final Rule Effective 06/01/08
Final Rule 11/26/08 73 FR 72182
Final Rule Effective 12/26/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Susan Gorsky, Senior Regulations Specialist, Department
of Transportation, Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590
Phone: 202 366-8553
Email: susan.gorsky@dot.gov
RIN: 2137-AE02
BILLING CODE 4910--60--S
_______________________________________________________________________
Department of Transportation (DOT) Proposed Rule Stage
Maritime Administration (MARAD)
_______________________________________________________________________
264. <> [rplus]CARGO PREFERENCE--COMPROMISE, ASSESSMENT,
MITIGATION, SETTLEMENT AND COLLECTION OF CIVIL PENALTIES
Legal Authority: PL 110-417
Abstract: This rulemaking would establish part 383 of the Cargo
Preference regulations. This rulemaking would cover Public Law 110-417,
section 3511, National Defense Authorization Act for FY 2009 statutory
changes to the cargo preference rules, which have not been
substantially revised since 1971. The rulemaking also would include
compromise, assessment, mitigation, settlement, and collection of civil
penalties.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 04/00/09
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Christine Gurland, Department of Transportation,
Maritime Administration, 1200 New Jersey Avenue SE, Washington, DC
20405
Phone: 202 366-5157
Email: christine.gurland@dot.gov
RIN: 2133-AB75
[FR Doc. E9-10277 Filed 05-08-09; 8:45 am]
BILLING CODE 4910-81-S
