Federal Register, Volume 79 Issue 4 (Tuesday, January 7, 2014)

[Federal Register Volume 79, Number 4 (Tuesday, January 7, 2014)]
[Proposed Rules]
[Pages 1190-1209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29637]

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Vol. 79

Tuesday,

No. 4

January 7, 2014

Part XIII

Department of Transportation

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Semiannual Regulatory Agenda

Federal Register / Vol. 79 , No. 4 / Tuesday, January 7, 2014 /
Unified Agenda

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Chs. I-III

23 CFR Chs. I-III

33 CFR Chs. I and IV

46 CFR Chs. I-III

48 CFR Ch. 12

49 CFR Subtitle A, Chs. I-VI, and Chs. X-XII

[OST Docket 99-5129]

Department Regulatory Agenda; Semiannual Summary

AGENCY: Office of the Secretary, DOT.

ACTION: Semiannual regulatory agenda.

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SUMMARY: The Regulatory Agenda is a semiannual summary of all current
and projected rulemakings, reviews of existing regulations, and
completed actions of the Department. The intent of the Agenda is to
provide the public with information about the Department of
Transportation's regulatory activity planned for the next 12 months. It
is expected that this information will enable the public to 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 Kathryn Sinniger, 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

SUPPLEMENTARY INFORMATION:

Background

Improvement of our regulations is a prime goal of the Department of
Transportation (Department or DOT). Our regulations should be clear,
simple, timely, fair, reasonable, and necessary. They 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://www.dot.gov/regulations. Among other things, this Web site provides a
report, updated monthly, on the status of the DOT significant
rulemakings listed in the semiannual regulatory agenda.
To help the Department achieve these goals and in accordance with
Executive Order (EO) 12866, ``Regulatory Planning and Review,'' (58 FR
51735; Oct. 4, 1993) and the Department's Regulatory Policies and
Procedures (44 FR 11034; Feb. 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 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, beneficial, 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

An Office of Management and Budget memorandum, dated August 7,
2013, requires the format for this Agenda.
First, the Agenda is divided by initiating offices. Then, the
Agenda is divided into five categories: (1) Prerule stage, (2) proposed
rule stage, (3) final rule stage, (4) long-term actions, and (5)
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

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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.'' One such example of this is the letters ``SB,'' ``IC,''
``SLT.'' These refer to information used as part of our required
reports on Retrospective Review of DOT rulemakings. A ``Y'' or an
``N,'' for yes and no, respectively, follow the letters to indicate
whether or not a particular rulemaking would have effects on: small
businesses (SB); information collections (IC); or State, local, or
tribal (SLT) governments.
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. In response to Executive Order
13563 ``Retrospective Review and Analysis of Existing Rules,'' we have
prepared a retrospective review plan providing more detail on the
process we use to conduct reviews of existing rules, including changes
in response to Executive Order 13563. We provided the public
opportunities to comment at www.regulations.gov and Idea Scale on both
our process and any existing DOT rules the public thought needed
review. The plan and the results of our review can be found at http://www.dot.gov/regulations and http://www.dot.gov/mission/open/open-government.

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 (sec. 610 Review) appears at
the end of the title for these reviews. Please see appendix D for the
Department's section 610 review plans.

Consultation With State, Local, and Tribal Governments

Executive Orders 13132 and 13175 require us to develop an
accountable process to ensure ``meaningful and timely input'' by State,
local, and tribal officials in the development of regulatory policies
that have federalism or tribal implications. These policies are defined
in the Executive Orders to include regulations that have ``substantial
direct effects'' on States or Indian tribes, on the relationship
between the Federal Government and them, or on the distribution of
power and responsibilities between the Federal Government and various
levels of Government or Indian tribes. Therefore, we encourage State
and local Governments or Indian tribes to provide us with information
about how the Department's rulemakings impact them.

Purpose

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

Dated: September 4, 2013.
Anthony Foxx,
Secretary of Transportation.

Appendix A--Instructions for Obtaining Copies of Regulatory Documents

To obtain a copy of a specific regulatory document in the Agenda,
you should communicate directly with the contact person listed with the
regulation at the address below. We note that most, if not all, such
documents, including the Semiannual Regulatory Agenda, are available
through the Internet at http://www.regulations.gov. See appendix C for
more information.
(Name of contact person), (Name of the DOT agency), 1200 New Jersey
Avenue SE., Washington, DC 20590. (For the Federal Aviation
Administration, substitute the following address: Office of Rulemaking,
ARM-1, 800 Independence Avenue SW., Washington, DC 20591).

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--Mark Bury, Chief Counsel, International Law, Legislation and
Regulations Division, 800 Independence Avenue SW., Room

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915A, Washington, DC 20591; telephone (202) 267-3110.
FHWA--Jennifer Outhouse, Office of Chief Counsel, 1200 New Jersey
Avenue SE., Washington, DC 20590; telephone (202) 366-0761.
FMCSA--Steven J. LaFreniere, Regulatory Ombudsman, 1200 New Jersey
Avenue SE., Washington, DC 20590; telephone (202) 366-0596.
NHTSA--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--Richard Wong, Office of Chief Counsel, 1200 New Jersey Avenue SE.,
Room E56-308, Washington, DC 20590; telephone (202) 366-0675.
SLSDC--Carrie Mann Lavigne, Chief Counsel, 180 Andrews Street, Massena,
NY 13662; telephone (315) 764-3200.
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--Kathryn Sinniger, 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 to permit its use. We are committed to continuing our reviews
of existing rules and, if needed, will initiate rulemaking actions
based on these reviews.
In accordance with Executive Order 13563, ``Improving Regulation
and Regulatory Review,'' issued by the President on January 18, 2011,
the Department has added other elements to its review plan. The
Department has decided to improve its plan by adding special oversight
processes within the Department; encouraging effective and timely
reviews, including providing additional guidance on particular problems
that warrant review; and expanding opportunities for public
participation. These new actions are in addition to the other steps
described in this appendix.

Section 610 Review Plan

Section 610 requires that we conduct reviews of rules that: (1)
Have been published within the last 10 years, and (2) have a
``significant economic impact on a substantial number of small
entities'' (SEIOSNOSE). It also requires that we publish in the Federal
Register each year a list of any such rules that we will review during
the next year. The Office of the Secretary and each of the Department's
Operating Administrations have a 10-year review plan. These reviews
comply with section 610 of the Regulatory Flexibility Act.

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

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best to lessen the impact of these rules and provide a name or docket
to which public comments can be submitted. In some cases, the section
610 review may be part of another unrelated review of the rule. In such
a case, we plan to clearly indicate which parts of the review are being
conducted under section 610.

Other Reviews

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

Part III--List of Pending Section 610 Reviews

The Agenda identifies the pending DOT section 610 Reviews by
inserting ``(Section 610 Review),'' after the title for the specific
entry. For further information on the pending reviews, see the Agenda
entries at www.reginfo.gov. For example, to obtain a list of all
entries that is in section 610 Reviews under the Regulatory Flexibility
Act, a user would select the desired responses on the search screen (by
selecting ``advanced search'') and, in effect, generate the desired
``index'' of reviews.

Office of the Secretary

Section 610 and Other Reviews

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Year Regulations to be reviewed Analysis year Review year
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1...................................... 49 CFR parts 91 through 99 and 14 2008 2009
CFR parts 200 through 212.
2...................................... 48 CFR parts 1201 through 1253 2009 2010
and new parts and subparts.
3...................................... 14 CFR parts 213 through 232..... 2010 2011
4...................................... 14 CFR parts 234 through 254..... 2011 2012
5...................................... 14 CFR parts 255 through 298 and 2012 2013
49 CFR part 40.
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 2015 2016
1 through 11.
9...................................... 49 CFR parts 17 through 28....... 2016 2017
10..................................... 49 CFR parts 29 through 39 and 2017 2018
parts 41 through 89.
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Year 1 (Fall 2008) List of Rules With Ongoing Analysis
49 CFR part 91--International Air Transportation Fair Competitive
Practices
49 CFR part 92--Recovering Debts to the United States by Salary Offset
49 CFR part 98--Enforcement of Restrictions on Post-Employment
Activities
49 CFR part 99--Employee Responsibilities and Conduct
14 CFR part 200--Definitions and Instructions
14 CFR part 201--Air Carrier Authority Under Subtitle VII of Title 49
of the United States Code [Amended]
14 CFR part 203--Waiver of Warsaw Convention Liability Limits and
Defenses
14 CFR part 204--Data to Support Fitness Determinations
14 CFR part 205--Aircraft Accident Liability Insurance
14 CFR part 206--Certificates of Public Convenience and Necessity:
Special Authorizations and Exemptions
14 CFR part 207--Charter Trips by U.S. Scheduled Air Carriers
14 CFR part 208--Charter Trips by U.S. Charter Air Carriers
14 CFR part 211--Applications for Permits to Foreign Air Carriers
14 CFR part 212--Charter Rules for U.S. and Foreign Direct Air Carriers
Year 3 (Fall 2010) List of Rules With Ongoing Analysis
14 CFR part 213--Terms, Conditions, and Limitations of Foreign Air
Carrier Permits
14 CFR part 214--Terms, Conditions, and Limitations of Foreign Air
Carrier Permits Authorizing Charter Transportation Only
14 CFR part 215--Use and Change of Names of Air Carriers, Foreign Air
Carriers, and Commuter Air Carriers
14 CFR part 216--Comingling of Blind Sector Traffic by Foreign Air
Carriers
14 CFR part 217--Reporting Traffic Statistics by Foreign Air Carriers
in Civilian Scheduled, Charter, and Nonscheduled Services
14 CFR part 218--Lease by Foreign Air Carrier or Other Foreign Person
of Aircraft With Crew
14 CFR part 221--Tariffs
14 CFR part 222--Intermodal Cargo Services by Foreign Air Carriers
14 CFR part 223--Free and Reduced-Rate Transportation
14 CFR part 232--Transportation of Mail, Review of Orders of Postmaster
General
Year 4 (Fall 2011) List of Rules With Ongoing Analysis
14 CFR part 240--Inspection of Accounts and Property
14 CFR part 241--Uniform System of Accounts and Reports for Large
Certificated Air Carriers
14 CFR part 243--Passenger Manifest Information
14 CFR part 247--Direct Airport-to-Airport Mileage Records
14 CFR part 248--Submission of Audit Reports
14 CFR part 249--Preservation of Air Carrier Records
Year 5 (Fall 2012) List of Rules With Ongoing Analysis
14 CFR part 255--Airline Computer Reservations Systems
14 CFR part 256--[Reserved]
14 CFR part 271--Guidelines for Subsidizing Air Carriers Providing
Essential Air Transportation
14 CFR part 272--Essential Air Service to the Freely Associated States
14 CFR part 291--Cargo Operations in Interstate Air Transportation
14 CFR part 292--International Cargo Transportation
14 CFR part 293--International Passenger Transportation
14 CFR part 294--Canadian Charter Air Taxi Operators
14 CFR part 296--Indirect Air Transportation of Property
14 CFR part 297--Foreign Air Freight Forwarders and Foreign Cooperative
Shippers Associations
14 CFR part 298--Exemptions for Air Taxi and Commuter Air Carrier
Operations
Year 6 (2013) List of Rules That Will Be Analyzed During the Next Year
14 CFR part 300--Rules of Conduct in Dot Proceedings Under This Chapter
14 CFR part 302--Rules of Practice in Proceedings
14 CFR part 303--Review of Air Carrier Agreements
14 CFR part 305--Rules of Practice in Informal Nonpublic Investigations
14 CFR part 313--Implementation of the Energy Policy and Conservation
Act

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14 CFR part 323--Terminations, Suspensions, and Reductions of Service
14 CFR part 325--Essential Air Service Procedures
14 CFR part 330--Procedures For Compensation of Air Carriers
14 CFR part 372--Overseas Military Personnel Charters

Federal Aviation Administration

Section 610 Review Plan
The FAA has elected to use the two-step, two-year process used by
most DOT modes in past plans. As such, the FAA has divided its rules
into 10 groups as displayed in the table below. During the first year
(the ``analysis year''), all rules published during the previous 10
years within a 10 percent block of the regulations will be analyzed to
identify those with a SEIOSNOSE. During the second year (the ``review
year''), each rule identified in the analysis year as having a 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 Regulations to be reviewed Analysis year Review year
----------------------------------------------------------------------------------------------------------------
1...................................... 14 CFR parts 119 through 129 and 2008 2009
parts 150 through 156.
2...................................... 14 CFR parts 133 through 139 and 2009 2010
parts 157 through 169.
3...................................... 14 CFR parts 141 through 147 and 2010 2011
parts 170 through 187.
4...................................... 14 CFR parts 189 through 198 and 2011 2012
parts 1 through 16.
5...................................... 14 CFR parts 17 through 33....... 2012 2013
6...................................... 14 CFR parts 34 through 39 and 2013 2014
parts 400 through 405.
7...................................... 14 CFR parts 43 through 49 and 2014 2015
parts 406 through 415.
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
----------------------------------------------------------------------------------------------------------------

Year 6 (2013) List of Rules Analyzed and Summary of Results
14 CFR Part 34--Fuel Venting and Exhaust Emission Requirements for
Turbine Engine Powered Airplanes
Section 610: The agency conducted a Section 610 review of
this part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FAA's plain language review of
these rules indicates no need for substantial revision.
14 CFR Part 35--Airworthiness Standards: Propellers
Section 610: The agency conducted a Section 610 review of
this part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FAA's plain language review of
these rules indicates no need for substantial revision.
14 CFR Part 36--Noise Standards: Aircraft Type and Airworthiness
Certification
Section 610: The agency conducted a Section 610 review of
this part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FAA's plain language review of
these rules indicates no need for substantial revision.
14 CFR Part 39--Airworthiness Directives
Section 610: No amendments to the codified text of this
part were promulgated during the period of review, thus there is no
SEISNOSE.
General: No changes are needed.
14 CFR Part 400--Basis and Scope
Section 610: The agency conducted a Section 610 review of
this part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FAA's plain language review of
these rules indicates no need for substantial revision.
14 CFR Part 401--Organization and Definitions
Section 610: The agency conducted a Section 610 review of
this part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FAA's plain language review of
these rules indicates no need for substantial revision.
14 CFR Part 404--Regulations and Licensing Requirements
Section 610: The agency conducted a Section 610 review of
this part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FAA's plain language review of
these rules indicates no need for substantial revision.
14 CFR Part 405--Investigations and Enforcement
Section 610: The agency conducted a Section 610 review of
this part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FAA's plain language review of
these rules indicates no need for substantial revision.
Year 7 (2014) List of Rules That Will Be Analyzed During the Next Year
14 CFR part 43--Maintenance, Preventive Maintenance, Rebuilding, and
Alteration
14 CFR part 45--Identification and Registration Marking
14 CFR part 47--Aircraft Registration
14 CFR part 49--Recording of Aircraft Titles and Security Documents
14 CFR part 406--Investigations, Enforcement, and Administrative Review
14 CFR part 413--License Application Procedures
14 CFR part 414--Safety Approvals
14 CFR part 415--Launch License

Federal Highway Administration

Section 610 and Other Reviews

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6...................................... 23 CFR parts 645 to 669.......... 2013 2014
7...................................... 23 CFR parts 710 to 924.......... 2014 2015
8...................................... 23 CFR parts 940 to 973.......... 2015 2016
9...................................... 23 CFR parts 1200 to 1252........ 2016 2017
10..................................... New parts and subparts........... 2017 2018
----------------------------------------------------------------------------------------------------------------

Federal-Aid Highway Program

The FHWA has adopted regulations in title 23 of the CFR, chapter I,
related to the Federal-Aid Highway Program. These regulations implement
and carry out the provisions of Federal law relating to the
administration of Federal aid for highways. The primary law authorizing
Federal aid for highways is chapter I of title 23 of the U.S.C. section
145 of title 23 expressly provides for a federally assisted State
program. For this reason, the regulations adopted by the FHWA in title
23 of the CFR primarily relate to the requirements that States must
meet to receive Federal funds for the construction and other work
related to highways. Because the regulations in title 23 primarily
relate to States, which are not defined as small entities under the
Regulatory Flexibility Act, the FHWA believes that its regulations in
title 23 do not have a significant economic impact on a substantial
number of small entities. The FHWA solicits public comment on this
preliminary conclusion.
Year 5 (Fall 2012) List of Rules Analyzed and a Summary of Results
23 CFR part 620--Engineering
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FHWA's plain language review of
these rules indicates no need for substantial revision.
23 CFR part 625--Design Standards for Highways
Section 610: No SEIOSNOSE. No small entities are affected.
General: These regulations are cost effective and impose
the least burden. FHWA's plain language review of these rules indicates
no need for substantial revision. The FHWA will update Section 625.4
(Standards, Policies, and Standard Specifications) to reflect the most
current information.
23 CFR part 626--Pavement Policy
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FHWA's plain language review of
these rules indicates no need for substantial revision.
23 CFR part 627--Value Engineering
Section 610: No SEIOSNOSE. No small entities are affected.
General: These regulations are cost effective and impose
the least burden. FHWA's plain language review of these rules indicates
no need for substantial revision. These regulations are being updated
to incorporate changes made to this part by MAP-21.
23 CFR part 630--Preconstruction Procedures
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FHWA's plain language review of
these rules indicates no need for substantial revision.
23 CFR part 633--Required Contract Provisions
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FHWA's plain language review of
these rules indicates no need for substantial revision.
23 CFR part 635--Construction and Maintenance
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FHWA's plain language review of
these rules indicates no need for substantial revision.
23 CFR part 636--Design-Build Contracting
Section 610: No SEIOSNOSE. No small entities are affected.
General: These regulations are cost effective and impose
the least burden. FHWA's plain language review of these rules indicates
no need for substantial revision. These regulations are being updated
at 23 CFR 636.209 to allow proposers to submit technical and price
proposals based on their preapproved alternative technical concepts
without submitting a base proposal to encourage a wider use of
alternative technical concepts in design-build project delivery.
23 CFR part 637--Construction Inspection and Approval
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FHWA's plain language review of
these rules indicates no need for substantial revision.
Year 6 (Fall 2013) List of Rules That Will Be Analyzed During the Next
Year
23 CFR part 645--Utilities
23 CFR part 646--Railroads
23 CFR part 650--Bridges, structures, and hydraulics
23 CFR part 652--Pedestrian and bicycle accommodations and projects
23 CFR part 655--Traffic Operations
23 CFR part 656--Carpool and vanpool projects
23 CFR part 657--Certification of size and weight enforcement
23 CFR part 658--Truck size and weight, route designations--length,
width, and weight limitations
23 CFR part 660--Special programs (Direct Federal)
23 CFR part 661--Indian Reservation Road Bridge Program
23 CFR part 667--[Reserved]
23 CFR part 668--Emergency relief program
23 CFR part 669--Enforcement of heavy vehicle use tax

Federal Motor Carrier Safety Administration

Section 610 and Other Reviews

[[Page 1196]]

4...................................... 49 CFR parts 390 (Small 2011 2012
Passenger--Carrying Vehicles),
391 to 393 and 396 to 399.
5...................................... 49 CFR part 387.................. 2012 2013
6...................................... 49 CFR parts 356, 367, 369 to 2013 2014
371, 372 (subparts B and C).
7...................................... 49 CFR parts 373, 374, 376, and 2014 2015
379.
8...................................... 49 CFR parts 360, 365, 366, and 2015 2016
368.
9...................................... 49 CFR parts 377, 378............ 2016 2017
10..................................... 49 CFR part 395.................. 2017 2018
----------------------------------------------------------------------------------------------------------------

Year 3 (Fall 2010) List of Rules With Ongoing Analysis
49 CFR part 325--Compliance with Interstate Motor Carrier Noise
Emission
49 CFR part 390--Federal Motor Carrier Safety Regulations, General
Year 4 (Fall 2011) List of Rules with Ongoing Analysis
49 CFR part 390--Definition of Commercial Motor Vehicle (CMV)--
Requirements for Operators of Small Passenger-Carrying CMVs.
This rule was moved up from Year 4 as a result of the
Department's Retrospective Regulatory Review.
49 CFR part 391--Driver Qualifications
49 CFR part 392--Driving of Commercial Motor Vehicles
49 CFR part 393--Parts and Accessories Necessary for Safe Operation
49 CFR part 396--Inspection, Repair and Maintenance of Commercial Motor
Vehicles
49 CFR part 397--Transportation of Hazardous Materials; Driving and
Parking Rules
49 CFR part 398--Transportation of Migrant Workers
49 CFR part 399--Employee Safety and Health Standards
Year 5 (Fall 2012) List of Rule(s) With Ongoing Analysis
49 CFR part 387--Minimum Levels of Financial Responsibility for Motor
Carriers
Year 6 (Fall 2013) List of Rule(s) That Will Be Analyzed This Year
49 CFR part 356--Motor Carrier Routing Regulations
49 CFR part 367--Standards for Registration with States
49 CFR part 369--Reports of Motor Carriers
49 CFR part 370--Principles and Practices for the investigation and
voluntary disposition of loss and damage claims and processing salvage
49 CFR part 371--Brokers of Property
49 CFR part 372 (subparts B and C)--Exemptions, Commercial Zones and
Terminal Areas

National Highway Traffic Safety Administration

Section 610 and Other Reviews

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

Year 5 (Fall 2012) List of Rules Analyzed and a Summary of the Results
49 CFR part 571.101--Controls and Displays
Section 610: There is no SEIOSNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 571.102--Transmission Shift Position Sequence, Starter
Interlock, and Transmission Braking Effect
Section 610: There is no SEIOSNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 571.103--Windshield Defrosting and Defogging Systems
Section 610: There is no SEIOSNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 571.104--Windshield Wiping and Washing Systems
Section 610: There is no SEIOSNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 571.105--Hydraulic and Electric Brake Systems
Section 610: There is no SEIOSNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 571.106--Brake Hoses
Section 610: There is no SEIOSNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.

[[Page 1197]]

49 CFR part 571.108--Lamps, Reflective Devices, and Associated
Equipment
Section 610: There is no SEIOSNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 571.109--New Pneumatic and Certain Specialty Tires
Section 610: There is no SEIOSNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 571.110--Tire Selection and Rims and Motor Home/Recreation
Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles
with a GVWR of 4,536 Kilograms (10,000 Pounds) or Less
Section 610: There is no SEIOSNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 571.135--Light Vehicle Brake Systems
Section 610: There is no SEIOSNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 571.138--Tire Pressure Monitoring Systems
Section 610: There is no SEIOSNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 571.139--New Pneumatic Radial Tires for Light Vehicles
Section 610: There is no SEIOSNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
Year 6 (Fall 2013) List of Rules That Will Be Analyzed During the Next
Year
49 CFR part 529--Manufacturers of Multistage Automobiles
49 CFR part 531--Passenger Automobile Average Fuel Economy Standards
49 CFR part 533--Light Truck Fuel Economy Standards
49 CFR part 534--Rights and Responsibilities of Manufacturers in the
Context of Changes in Corporate Relationships
49 CFR part 535-- Medium- and Heavy-Duty Vehicle Fuel Efficiency
Program
49 CFR part 536--Transfer and Trading of Fuel Economy Credits
49 CFR part 537--Automotive Fuel Economy Reports
49 CFR part 538--Manufacturing Incentives for Alternative Fuel Vehicles
49 CFR part 541--New Pneumatic and Certain Specialty Tires
49 CFR part 542--Procedures for Selecting Light Duty Truck Lines to be
Covered by the Theft Prevention Standard
49 CFR part 543--Exemption from Vehicle Theft Prevention Standard
49 CFR part 544--Insurer Reporting Requirements
49 CFR part 545--Federal Motor Vehicle Theft Prevention Standard Phase-
in and Small-Volume Line Reporting Requirements
49 CFR part 551--Procedural Rules
49 CFR part 552--Petitions for Rulemaking, Defect, and Noncompliance
Orders
49 CFR part 553--Rulemaking Procedures
49 CFR part 554--Standards Enforcement and Defects Investigation
49 CFR part 555--Temporary Exemption from Motor Vehicle Safety and
Bumper Standards
49 CFR part 556--Exemption for Inconsequential Defect or Noncompliance
49 CFR part 557--Petitions for Hearings on Notification and Remedy of
Defects
49 CFR part 563--Event Data Recorders
49 CFR part 564--Replaceable Light Source and Sealed Beam Headlamp
Information
49 CFR part 565--Vehicle Identification Number (VIN) Requirements
49 CFR part 566--Manufacturer Identification
49 CFR part 567--Certification
49 CFR part 568--Vehicles Manufactured in Two or More Stages--All
Incomplete, Intermediate and Final-Stage Manufacturers of Vehicles
Manufactured in Two or More Stages
49 CFR part 569--Regrooved Tires
49 CFR part 570--Vehicle In Use Inspection Standards
49 CFR part 572--Anthropomorphic Test Devices
49 CFR part 573--Defect and Noncompliance Responsibility and Reports
49 CFR part 574--Tire Identification and Recordkeeping
49 CFR part 576--Record Retention
49 CFR part 577--Defect and Noncompliance Notification
49 CFR part 578--Civil and Criminal Penalties

Federal Railroad Administration

Section 610 and Other Reviews

----------------------------------------------------------------------------------------------------------------
Year Regulations to be reviewed Analysis year Review year
----------------------------------------------------------------------------------------------------------------
1...................................... 49 CFR parts 200 and 201......... 2008 2009
2...................................... 49 CFR parts 207, 209, 211, 215, 2009 2010
238, and 256.
3...................................... 49 CFR parts 210, 212, 214, 217, 2010 2011
and 268.
4...................................... 49 CFR part 219.................. 2011 2012
5...................................... 49 CFR parts 218, 221, 241, and 2012 2013
244.
6...................................... 49 CFR parts 216, 228, and 229... 2013 2014
7...................................... 49 CFR parts 223 and 233......... 2014 2015
8...................................... 49 CFR parts 224, 225, 231, and 2015 2016
234.
9...................................... 49 CFR parts 222, 227, 235, 236, 2016 2017
250, 260, and 266.
10..................................... 49 CFR parts 213, 220, 230, 232, 2017 2018
239, 240, and 265.
----------------------------------------------------------------------------------------------------------------

[[Page 1198]]

Year 5 (Fall 2012) List of Rules Analyzed and a Summary of Results
49 CFR part 218--Railroad Operating Practices
Section 610: There is no SEIOSNOSE.
General: The rule prescribes minimum requirements for
railroad operating rules and practices. No changes are needed. FRA's
plain language review of this rule indicates no need for substantial
revision.
49 CFR part 221--Rear End Marking Device--Passenger, Commuter, and
Freight Trains
Section 610: There is no SEIOSNOSE.
General: Since the rule prescribes minimum requirements
for railroads to equip the rear car of passenger, commuter and freight
trains with highly visible markers it will provide safety and security
not only for railroad employees but also for the general public. No
changes are needed. FRA's plain language review of this rule indicates
no need for substantial revision.
49 CFR part 241--United States Locational Requirement for Dispatching
of United States Rail Operations
Section 610: There is no SEIOSNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FRA's plain language review of
this rule indicates no need for substantial revision.
49 CFR part 244--Regulations on Safety Integration Plans Governing
Railroad Consolidations, Mergers and Acquisitions of Control
Section 610: There is no SEIOSNOSE.
General: No changes are needed. FRA's plain language
review of this rule indicates no need for substantial revision.
Year 6 (Fall 2013) List of Rule(s) That Will Be Analyzed During Next
Year
49 CFR part 216--Special Notice and Emergency Order Procedures:
Railroad Track, Locomotive, and Equipment
49 CFR part 228--Hours of Service of Railroad Employees; Recordkeeping
and Reporting; Sleeping Quarters
49 CFR part 229--Railroad Locomotive Safety Standards

Federal Transit Administration

Section 610 and Other Reviews

----------------------------------------------------------------------------------------------------------------
Year Regulations to be reviewed Analysis 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 4 (Fall 2011) List of Rules Analyzed and Summary of Results
49 CFR part 609--Transportation for Elderly and Handicapped Persons
Section 610: The agency has determined that the rule does
not have a significant effect on a substantial number of small
entities.
General: This rule was promulgated to enact the statutory
requirements of sections 49 U.S.C. 5307(d) and 5308(b) to establish
requirements for determining the maximum fare for the transportation of
elderly persons and persons with disabilities during a public
transportation's period of off-peak hours. Recently, Congress enacted
the Moving Ahead for Progress in the 21st Century Act (MAP-21), Public
Law 112-141, (2012). The underlying purpose for the rule was unchanged
by MapSec. 21; however, the reference to maximum fares in section
5308(b) was repealed long ago and MAP-21 amended 49 U.S.C. section
5307. Therefore, in Fiscal Year 2014, FTA plans to issue a rulemaking
to implement technical corrections to the authority and applicability
sections of 49 CFR part 609.
49 CFR part 611--Major Capital Investment Projects
Section 610: The agency has determined that the rule does
not have a significant effect on a substantial number of small
entities. FTA recently revised the rule and evaluated the likely
effects of the final rule on small entities and requested public
comment during the rulemaking process. FTA determined that the rule
does not have a significant economic impact on a substantial number of
small entities because small entities do not generally undertake the
development of major capital projects. There were no public comments
submitted on this issue during the rulemaking process.
General: FTA revised part 611 via a final rule in January
2013, in order to implement recent MAP-21 amendments to 49 U.S.C.
section 5309 (see 78 Fed. Reg. 1992). The ``New Starts'' and ``Small
Starts'' programs authorized by section 5309 are FTA's primary capital
funding programs for new or extended transit systems. Part 611 of the
Code of Federal Regulations outlines the process by which FTA rates and
evaluates grants proposals for these programs. With the revised rule,
FTA has significantly streamlined its evaluation process for both
programs.
Year 5 (Fall 2012) List of Rule(s) Analyzed and Summary of Results
49 CFR part 613--Planning Assistance and Standards
Section 610: The Agency has determined that the rule does
not have a significant effect on a substantial number of small entities
because it is only applicable to States and metropolitan planning
organizations which are not included in the definition of small entity
as set forth in 5 U.S.C. 601.
General: The rule was promulgated to govern the
development of metropolitan transportation plans and programs for
urbanized areas, State transportation plans and programs, and the
congestion management process. Recently, Congress amended the planning
statutes when it enacted the Moving Ahead for Progress in the 21st
Century Act (MAP-21), Public Law

[[Page 1199]]

112-141, (2012). In Fiscal Year 2014, FTA will undertake a joint notice
of proposed rulemaking with FHWA in order to revise the regulations
consistent with current statutory requirements. In doing so, FHWA and
FTA will propose establishing a performance-based approach to
transportation decisionmaking.
49 CFR part 614--Transportation Infrastructure Management
Section 610: The Agency has determined that the rule does
not have a significant effect on a substantial number of small entities
as it only cross-references 23 CFR part 500, a FHWA regulation which is
applicable to States.
General: No changes are needed at this time. However, FTA
will continue to work with FHWA to assess whether or not technology
will warrant revisions to the regulation.
Year 6: List of Rules That Will Be Analyzed During the Next Year
49 CFR part 622--Environmental Impact and Related Procedures

Maritime Administration

Section 610 and Other Reviews

----------------------------------------------------------------------------------------------------------------
Year Regulations to be reviewed Analysis 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 parts 221, 298, 308, and 2011 2012
309.
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 4 (Fall 2011) List of Rules With Ongoing Analysis
46 CFR part 381--Cargo Preference--U.S.-Flag Vessels
46 CFR part 383--Cargo Preference--Compromise, Assessment, Mitigation,
Settlement & Collection of Civil Penalties
46 CFR part 221--Foreign Transfer Regulations
46 CFR part 249--Approval of Underwriters for Marine Hull Insurance
46 CFR part 272--Requirements and Procedures for Conducting Condition
Surveys and Administering Maintenance and Repair Subsidy
46 CFR part 287--Establishment of Construction Reserve Funds
46 CFR part 295--Maritime Security Program (MSP)
46 CFR part 296--Maritime Security Program (MSP)
Year 5 (2012) List of Rules With Ongoing Analysis
46 CFR part 307--Mandatory Position Report System for Vessels
46 CFR part 308--War Risk Insurance
46 CFR part 309--War Risk Ship Valuation
Year 6 (2013) List of Rules That Will Be Analyzed During the Next Year
46 CFR part 310--Merchant Marine Training

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Section 610 and Other Reviews

----------------------------------------------------------------------------------------------------------------
Year Regulations to be reviewed Analysis year Review year
----------------------------------------------------------------------------------------------------------------
1...................................... 49 CFR part 178.................. 2008 2009
2...................................... 49 CFR parts 178 through 180..... 2009 2010
3...................................... 49 CFR parts 172 and 175......... 2010 2011
4...................................... 49 CFR part 171, sections 171.15 2011 2012
and 171.16.
5...................................... 49 CFR parts 106, 107, 171, 190, 2012 2013
and 195.
6...................................... 49 CFR parts 174, 177, 191, and 2013 2014
192.
7...................................... 49 CFR parts 176 and 199......... 2014 2015
8...................................... 49 CFR parts 172 through 178..... 2015 2016
9...................................... 49 CFR parts 172, 173, 174, 176, 2016 2017
177, and 193.
10..................................... 49 CFR parts 173 and 194......... 2017 2018
----------------------------------------------------------------------------------------------------------------

Year 5 (Fall 2012) List of Rules Analyzed and a Summary of Results
49 CFR part 106--Rulemaking Procedures;
49 CFR part 107--Hazardous Materials Program Procedures; and
49 CFR part 171--General Information, Regulations, and Definitions
Section 610: There is no SEIOSNOSE. On May 9, 2013 (78 FR
27169) PHMSA published the intent to review and analyze regulations in
its Unified Agenda and Regulatory Plan to identify requirements which
may have a significant impact on a substantial number of small
entities. Specifically, PHMSA provided an initial review and requested
comments on the impact of the rules in 49 CFR parts 106, 107, and 171
on small businesses. In addition, PHMSA asked the following questions
of small businesses:

1. How and to what degree these rules affect you;
2. Any complaints or comments you may have concerning the covered
rules;
3. The complexity of the covered rules;
4. The extent to which the rules overlap, duplicate or conflict
with other Federal rules, and to the extent feasible, with State and
local Government rules; and

[[Page 1200]]

5. The extent of the economic impact on you and why you believe the
economic impact is significant.''
Two comments were received in response to the notice (notice and
comments are available for review at: http://www.regulations.gov; under
Docket No. PHMSA-2013-0027). The comments did not directly relate to
the rules under review or the impacts those rules on small businesses.
Based on PHMSA's initial review of these rules and evaluation of the
comments received, the Agency has determined that the rules do not have
a significant effect on a substantial number of small entities.

General: No changes are needed. These regulations are cost
effective and impose the least burden. PHMSA's plain language review of
this rule indicates no need for substantial revision.
49 CFR part 190--Pipeline Safety Programs and Rulemaking Procedures
Section 610: There is no SEIOSNOSE. Based on regulated
entities, PHMSA found that the majority of operators are not small
businesses. Therefore, though some small entities may be affected the
economic impact on small entities will not be significant.
General: No changes are needed. These regulations are cost
effective and impose the least burden. PHMSA's plain language review
indicates no need for substantial revision.
49 CFR part 195--Transportation of Hazardous Liquids by Pipeline
Section 610: There is no SEIOSNOSE. Based on regulated
entities, PHMSA found that the majority of operators are not small
businesses. Therefore, though some small entities may be affected the
economic impact on small entities will not be significant.
General: No changes are needed. These regulations are cost
effective and impose the least burden. PHMSA's plain language review
indicates no need for substantial revision.
Year 6 (Fall 2013) List of Rules That Will Be Analyzed During the Next
Year
49 CFR part 174--Carriage by Rail
49 CFR part 177--Carriage by Public Highway
49 CFR part 191--Transportation of Natural and Other Gas by Pipeline;
Annual Reports, Incident Reports, and Safety Related Condition Reports
49 CFR part 192-- Transportation of Natural and Other Gas by Pipeline:
Minimum Federal Safety Standards

Research and Innovative Technology Administration (RITA)

Section 610 and Other Reviews

----------------------------------------------------------------------------------------------------------------
Year Regulations to be reviewed Analysis year Review year
----------------------------------------------------------------------------------------------------------------
1...................................... 14 CFR part 241, form 41......... 2008 2009
2...................................... 14 CFR part 241, schedule T-100, 2009 2010
and part 217.
3...................................... 14 CFR part 298.................. 2010 2011
4...................................... 14 CFR part 241, section 19-7.... 2011 2012
5...................................... 14 CFR part 291.................. 2012 2013
6...................................... 14 CFR part 234.................. 2013 2014
7...................................... 14 CFR part 249.................. 2014 2015
8...................................... 14 CFR part 248.................. 2015 2016
9...................................... 14 CFR part 250.................. 2016 2017
10..................................... 14 CFR part 374a, ICAO........... 2017 2018
----------------------------------------------------------------------------------------------------------------

Year 1 (Fall 2008) List of Rules With Ongoing Analysis
14 CFR part 241--Uniform System of Accounts and Reports for Large
Certificated Air Carriers, Form 41
Year 3 (Fall 2010) List of Rules With Ongoing Analysis
14 CFR part 298, subpart f--Exemptions for Air Taxi and Commuter Air
Carrier Operations--Reporting Requirements
Year 4 (Fall 2011) List of Rules With Ongoing Analysis
14 CFR part 241, section 19-7--Passenger Origin-Destination Survey
Year 5 (Fall 2012) List of Rules With Ongoing Analysis
14 CFR part 291--Cargo Operations in Interstate Air Transportation
Year 6 (Fall 2013) List of Rules That Will Be Analyzed During the Next
Year
14 CFR Part 234--Airline Service Quality Performance Reports

Saint Lawrence Seaway Development Corporation

Section 610 and Other Reviews

Year 1 (Fall 2008) List of Rules With Ongoing Analysis
33 CFR part 401--Seaway Regulations and Rules
33 CFR part 402--Tariff of Tolls
33 CFR part 403--Rules of Procedure of the Joint Tolls Review Board

[[Page 1201]]

Office of the Secretary--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
358....................... + Enhancing Airline 2105-AE11
Passenger Protections III.
------------------------------------------------------------------------
+ DOT-designated significant regulation.

Office of the Secretary--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
359....................... + Use of the Seat- 2105-AD87
Strapping Method for
Carrying a Wheelchair on
an Aircraft.
------------------------------------------------------------------------
+ DOT-designated significant regulation.

Federal Aviation Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
360....................... + Operation and 2120-AJ60
Certification of Small
Unmanned Aircraft Systems
(sUAS).
361....................... + Flight Crewmember 2120-AJ87
Mentoring, Leadership,
and Professional
Development (H.R. 5900).
362....................... + Flight Simulation 2120-AK08
Training Device (FSTD)
Qualification Standards
for Extended Envelope and
Adverse Weather Event
Training.
------------------------------------------------------------------------
+ DOT-designated significant regulation.

Federal Aviation Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
363....................... + Safety Management 2120-AJ86
Systems for Part 121
Certificate Holders
(Section 610 Review) (Reg
Plan Seq No. 104).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.

Federal Aviation Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
364....................... + Air Carrier Maintenance 2120-AJ79
Training Program (Section
610 Review).
------------------------------------------------------------------------
+ DOT-designated significant regulation.

Federal Aviation Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
365....................... + Pilot Certification and 2120-AJ67
Qualification
Requirements (Formerly
First Officer
Qualification
Requirements) (H.R. 5900).
------------------------------------------------------------------------
+ DOT-designated significant regulation.

Federal Motor Carrier Safety Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
366....................... + Carrier Safety Fitness 2126-AB11
Determination (Reg Plan
Seq No. 108).
367....................... + Commercial Driver's 2126-AB18
License Drug and Alcohol
Clearinghouse (MAP-21)
(Reg Plan Seq No. 109).
368....................... + Electronic Logging 2126-AB20
Devices and Hours of
Service Supporting
Documents (MAP-21) (Reg
Plan Seq No. 110).
369....................... + Lease and Interchange of 2126-AB44
Vehicles; Motor Carriers
of Passengers.
370....................... + Inspection, Repair, and 2126-AB46
Maintenance; Driver-
Vehicle Inspection Report
(RRR).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.

[[Page 1202]]

Federal Motor Carrier Safety Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
371....................... + Unified Registration 2126-AA22
System.
------------------------------------------------------------------------
+ DOT-designated significant regulation.

Federal Railroad Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
372....................... + Alcohol and Controlled 2130-AC10
Substance Testing for
Maintenance-of-Way
Employees.
373....................... + Risk Reduction Program.. 2130-AC11
374....................... + Passenger Equipment 2130-AC46
Safety Standards;
Standards for Alternative
Compliance and High-Speed
Trainsets.
------------------------------------------------------------------------
+ DOT-designated significant regulation.

Federal Railroad Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
375....................... + Training Standards for 2130-AC06
Railroad Employees.
------------------------------------------------------------------------
+ DOT-designated significant regulation.

Pipeline and Hazardous Materials Safety Administration--Proposed Rule
Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
376....................... + Pipeline Safety: Safety 2137-AE66
of On-Shore Liquid
Hazardous Pipelines (Reg
Plan Seq No. 118).
377....................... Pipeline Safety: Issues 2137-AE93
related to the use of
Plastic Pipe in Gas
Pipeline Industry.
378....................... Pipeline Safety: Operator 2137-AE94
Qualification, Cost
Recovery and other
Pipeline Safety Proposed
Changes (RRR).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.

Pipeline and Hazardous Materials Safety Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
379....................... + Hazardous Materials: 2137-AE44
Revisions to Requirements
for the Transportation of
Lithium Batteries.
------------------------------------------------------------------------
+ DOT-designated significant regulation.

Maritime Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
380....................... + Regulations To Be 2133-AB74
Followed by All
Departments, Agencies and
Shippers Having
Responsibility To Provide
a Preference for U.S.-
Flag Vessels in the
Shipment of Cargoes on
Ocean Vessels.
------------------------------------------------------------------------
+ DOT-designated significant regulation.

DEPARTMENT OF TRANSPORTATION (DOT)

Office of the Secretary (OST)

Proposed Rule Stage

358. + Enhancing Airline Passenger Protections III

Legal Authority: 49 U.S.C. 41712; 49 U.S.C. 40101;49 U.S.C. 41702
Abstract: This rulemaking would address the following issues: (1)
Whether the Department should require a marketing carrier to provide
assistance to its code-share partner when a flight operated by the
code-share partner experiences a lengthy tarmac delay; (2) whether the
Department should enhance disclosure requirements on code-share
operations, including requiring on-time performance data, reporting of
certain data code-share operations, and codifying the statutory
amendment of 49 U.S.C. 41712(c) regarding Web site schedule disclosure
of code-share operations; (3) whether the Department should expand the
on-time performance ``reporting carrier'' pool to include smaller
carriers; (4) whether the Department should require travel agents to
adopt minimum customer service standards in relation to the sale of air
transportation; (5) whether the Department should require ticket agents
to disclose the carriers whose tickets they sell or do not sell and
information regarding any incentive

[[Page 1203]]

payments they receive in connection with the sale of air
transportation; (6) whether the Department should require ticket agents
to disclose any preferential display of individual fares or carriers in
the ticket agent[acute]s internet displays; (7) whether the Department
should require additional or special disclosures regarding certain
substantial fees, e.g., oversize or overweight baggage fees; (8)
whether the Department should prohibit post-purchase price increase for
all services and products not purchased with the ticket or whether it
is sufficient to prohibit post-purchase prices increases for baggage
charges that traditionally have been included in the ticket price; and
(9) whether the Department should require that ancillary fees be
displayed through all sale channels.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/13 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Blane A Workie, Attorney, Department of
Transportation, Office of the Secretary, 1200 New Jersey Ave. SE.,
Washington, DC 20590, Phone: 202 366-9342, TDD Phone: 202 755-7687,
Fax: 202 366-7152, Email: [email protected].
RIN: 2105-AE11

DEPARTMENT OF TRANSPORTATION (DOT)

Office of the Secretary (OST)

Completed Actions

359. + Use of the Seat-Strapping Method for Carrying a Wheelchair on an
Aircraft

Legal Authority: 49 U.S.C. 41705
Abstract: This rulemaking would address whether carriers should be
allowed to utilize the seat-strapping method to stow a
passenger[acute]s wheelchair in the aircraft cabin.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/03/11 76 FR 32107
NPRM Comment Period End............. 08/02/11 .......................
Final Rule.......................... 11/12/13 78 FR 67918
Final Action Effective.............. 01/13/14 .......................
------------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Proposed Rule Stage

360. + Operation and Certification of Small Unmanned Aircraft Systems
(SUAS)

Legal Authority: 49 U.S.C. 44701; Pub. L. 112-95
Abstract: This rulemaking would adopt specific rules for the
operation of small unmanned aircraft systems (sUAS) in the national
airspace system. These changes would address the classification of
small unmanned aircraft, certification of their pilots and visual
observers, registration, approval of operations, and operational limits
in order to increase the safety and efficiency of the national airspace
system. The rulemaking would result in regular collection of safety
data from the user community and aid the FAA in assessing effectiveness
of regulations to expand sUAS access to the national airspace system.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/14 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Stephen A Glowacki, Department of Transportation,
Federal Aviation Administration, 800 Independence Ave. SW., Washington,
DC 20591, Phone: 202-385-4898, Email: [email protected].
RIN: 2120-AJ60

361. + Flight Crewmember Mentoring, Leadership, and Professional
Development (HR 5900)

Legal Authority: 49 U.S.C. 44701(a)(5); Pub. L. 111-216, sec 206
Abstract: This rulemaking would amend the regulations for air
carrier training programs under part 121. The action is necessary to
ensure that air carriers establish or modify training programs that
address mentoring, leadership, and professional development of flight
crewmembers in part 121 operations. The amendments are intended to
contribute significantly to airline safety by reducing aviation
accidents and respond to the mandate in Public Law 111-216.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/13 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Deke Abbott, Department of Transportation, Federal
Aviation Administration, 800 Independence Ave. SW., Washington, DC
20591, Phone: 202 267-8266, Email: [email protected].
RIN: 2120-AJ87

362. + Flight Simulation Training Device (FSTD) Qualification Standards
for Extended Envelope and Adverse Weather Event Training

Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 40113; 49 U.S.C.
44701; Pub. L. 111-216
Abstract: This rulemaking would amend evaluation qualifications for
simulators to ensure the simulators are technically capable of
performing new flight training tasks as identified in the Airline
Safety and Federal Aviation Administration Extension Act of 2010 (Pub.
L. 111-216) and that are included in a separate rulemaking (2120-AJ00).
By ensuring the simulators provide an accurate and realistic
simulation, this rulemaking would allow for training on the following
tasks: (1) Full/aerodynamic stall, and (2) upset recognition and
recovery, as identified in Pub. L. 111-216. Furthermore, this
rulemaking would improve the minimum FSTD evaluation requirements for
gusting crosswinds (takeoff/landing), engine and airframe icing, and
bounced landing recovery methods in response to NTSB and Aviation
Rulemaking Committee recommendations. The intended effect is to ensure
an adequate level of simulator fidelity.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/00/14 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Larry McDonald, Department of Transportation,
Federal Aviation Administration, P.O. Box 20636, Atlanta, GA 30320,
Phone: 404-474-5620, Email: [email protected].
RIN: 2120-AK08

[[Page 1204]]

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Final Rule Stage

363. + Safety Management Systems for Part 121 Certificate Holders
(Section 610 Review)

Regulatory Plan: This entry is Seq. No. 104 in part II of this
issue of the Federal Register.
RIN: 2120-AJ86

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Long-Term Actions

364. + Air Carrier Maintenance Training Program (Section 610 Review)

Legal Authority: 49 U.S.C. 44101; 49 U.S.C. 106(g); 49 U.S.C.
40113; 49 U.S.C. 40119; 49 U.S.C. 41706; 49 U.S.C. 44701; 49 U.S.C.
44702; 49 U.S.C. 44705; 49 U.S.C. 44709 to 47111; 49 U.S.C. 44713; 49
U.S.C. 44715; 49 U.S.C. 44716; 49 U.S.C. 44717; 49 U.S.C. 44722; 49
U.S.C. 46105
Abstract: This rulemaking would require FAA approval of maintenance
training programs of air carriers that operate aircraft type
certificated for a passenger seating configuration of 10 seats or more
(excluding any pilot seat). The intent of this rulemaking is to reduce
the number of accidents and incidents caused by human error, improper
maintenance, inspection, or repair practices.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Undetermined........................ To Be Determined
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: No.
Agency Contact: John J Hiles, Flight Standards Service, Department
of Transportation, Federal Aviation Administration, 950 L'Enfant Plaza
North SW., Washington, DC 20591,Phone: 202-385-6421,Email:
[email protected].
RIN: 2120-AJ79

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Completed Actions

365. + Pilot Certification and Qualification Requirements (Formerly
First Officer Qualification Requirements) (HR 5900)

Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 35301 to 45302; 49
U.S.C. 40113; 49 U.S.C. 40119; 49 U.S.C. 41706; 49 U.S.C. 44101; 49
U.S.C. 44701(a)(5); 49 U.S.C. 44701 to 44703; 49 U.S.C. 44705; 49
U.S.C. 44707; 49 U.S.C. 44709 to 44711; 49 U.S.C. 44713; 49 U.S.C.
44716; 49 U.S.C. 44722; 49 U.S.C. 45102 to 45103; 49 U.S.C. 46105; 49
U.S.C. 44717; Pub. L. 111-216
Abstract: This rulemaking would amend the eligibility and
qualification requirements for pilots engaged in part 121 air carrier
operations. Additionally, it would modify the requirements for an
airline transport pilot certificate. These actions are necessary
because recent airline accidents and incidents have brought
considerable attention to the experience level and training of air
carrier flight crews. This rulemaking is a result of requirements in
Pub. L. 111-216.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 02/08/10 75 FR 6164
ANPRM Comment Period End............ 04/09/10
NPRM................................ 02/29/12 77 FR 12374
NPRM Comment Period End............. 04/30/12
Final Rule.......................... 07/15/13 78 FR 42324
Final Rule Effective................ 07/15/13
Correction.......................... 07/25/13 78 FR 44873
Correction.......................... 07/26/13 78 FR 45055
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Barbara Adams, Department of Transportation,
Federal Aviation Administration, 800 Independence Ave. SW., Washington,
DC 20591,Phone: 202-267-8166,Email: [email protected].
RIN: 2120-AJ67
BILLING CODE 4910-13-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Proposed Rule Stage

366. + Carrier Safety Fitness Determination

Regulatory Plan: This entry is Seq. No. 108 in part II of this
issue of the Federal Register.
RIN: 2126-AB11

367. + Commercial Driver's License Drug and Alcohol Clearinghouse (MAP-
21)

Regulatory Plan: This entry is Seq. No. 109 in part II of this
issue of the Federal Register.
RIN: 2126-AB18

368. + Electronic Logging Devices and Hours of Service Supporting
Documents (MAP-21)

Regulatory Plan: This entry is Seq. No. 110 in part II of this
issue of the Federal Register.
RIN: 2126-AB20

369. + Lease and Interchange of Vehicles; Motor Carriers of Passengers

Legal Authority: 49 U.S.C. 31502; 49 U.S.C. 13301; 49 U.S.C. 31136
Abstract: The rulemaking would adopt regulations governing the
lease and interchange of passenger vehicles to: (1) identify the motor
carrier operating a bus or motorcoach and responsible for compliance
with the Federal Motor Carrier Safety Regulations; (2) ensure that a
lessor surrenders control of the vehicle for the full term of the lease
or temporary exchange of vehicles and drivers; and (3) require motor
carriers subject to a prohibition on operating in interstate commerce
to notify FMCSA in writing before leasing or otherwise transferring
control of their vehicles to other carriers. This action is necessary
to ensure that unsafe passenger carriers cannot evade FMCSA oversight
and enforcement by operating under the authority of another carrier
that exercises no actual control over those operations. This action
will ensure that FMCSA, the National Transportation Safety Board
(NTSB), and our State partners are able to identify motor carriers
transporting passengers in interstate commerce and correctly assign
responsibility for regulatory violations during inspections, compliance
investigations, and crash studies. It also provides the general public
with the means to identify the responsible motor carrier at the time of
transportation. While detailed lease and

[[Page 1205]]

interchange regulations for cargo-carrying vehicles have been in effect
since 1950, this rulemaking for passenger-carrying CMVs would focus
entirely on operational safety.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: David Miller, Regulatory Development Division,
Department of Transportation, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590,Phone:
202-366-5370,Email: [email protected].
RIN: 2126-AB44

370. + Inspection, Repair, and Maintenance; Driver-Vehicle Inspection
Report (RRR)

Legal Authority: 49 U.S.C. 31502(b)
Abstract: This rulemaking would rescind the requirement that
commercial motor vehicle (CMV) drivers operating in interstate commerce
submit, and motor carriers retain, driver-vehicle inspection reports
when the driver has neither found nor been made aware of any vehicle
defects or deficiencies. Specifically, this rulemaking would remove a
significant information collection burden without adversely impacting
safety. This rulemaking responds in part to the President's January
2012 Regulatory Review and Reform initiative.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Sean Gallagher, MC-PRR, Department of
Transportation, Federal Motor Carrier Safety Administration, 1200 New
Jersey Ave. SE., Washington, DC 20590,Phone: 202 366-3740,Email:
[email protected].
RIN: 2126-AB46

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Completed Actions

371. + Unified Registration System

Legal Authority: Pub. L. 104-88; 109 Stat. 803, 888 (1995); 49
U.S.C. 13908; Pub. L. 109-159, sec 4304
Abstract: This rule would establish a new Unified Registration
System (URS) to replace four legacy systems in support of FMCSA[acute]s
safety and commercial oversight responsibilities. It would require all
entities subject to FMCSA jurisdiction to comply with a new URS
registration and biennial update requirement, disclose the cumulative
registration information collected by URS, and provide a cross-
reference to all regulatory requirements necessary to obtain permanent
registration. It implements statutory provisions in the ICC Termination
Act and SAFTEA-LU. URS would serve as a clearinghouse and depository of
information on, and identification of, motor carriers, brokers, freight
forwarders, and others required to register with the Department of
Transportation.
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................... 10/26/11 76 FR 66506
Comment Period End.................. 12/27/11
Final Rule.......................... 08/23/13 78 FR 52608
Final Rule Effective................ 10/23/15
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Genevieve Sapir, Management Analyst, Department of
Transportation, Federal Motor Carrier Safety Administration, Office of
Policy (MC-CCR), 1200 New Jersey Avenue SE., Washington, DC
20590,Phone: 202 366-7056,Email: [email protected].
RIN: 2126-AA22
BILLING CODE 4910-EX-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Railroad Administration (FRA)

Proposed Rule Stage

372. + Alcohol and Controlled Substance Testing for Maintenance-of-Way
Employees

Legal Authority: Pub. L. 220-432, Div A, 122 Stat 4848 et seq.;
Rail Safety Improvement Act of 2008; sec 412 (uncodified)
Abstract: This rulemaking would revise the Federal Railroad
Administration[acute]s (FRA) alcohol and drug regulations to cover all
employees of railroads, railroad contractors, and subcontractors who
perform maintenance-of-way activities. FRA's alcohol and drug
regulations (49 CFR part 219) contain certain prohibitions on the use
and possession of alcohol and drugs. The regulations also contain
requirements for post-accident toxicological (PAT) testing, random
testing, reasonable cause testing, reasonable suspicion testing, co-
worker and voluntary referral policies, pre-employment drug testing,
and reporting. Currently, the regulations only apply to covered
employees (defined as employees assigned to perform covered service
subject to the Hours of Service Act, 49 CFR chapter 211). In response
to a statutory mandate, the proposed rulemaking would expand coverage
of part 219 to employees who perform maintenance-of-way (MOW)
activities. This rulemaking would also make other miscellaneous updates
to 14 CFR part 219.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/14
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kathryn Shelton, Trial Attorney, Department of
Transportation, Federal Railroad Administration, 1200 New Jersey Ave.
SE., Washington, DC 20590,Phone: 202-493-6063,Email:
[email protected].
RIN: 2130-AC10

373. + Risk Reduction Program

Legal Authority: Pub. L. 110-432, Div A, 122 Stat 4848 et seq.;
Rail Safety Improvement Act of 2008; sec 103, 49 U.S.C. 20156
``Railroad Safety Risk Reduction Program''
Abstract: This rulemaking would consider appropriate contents for
Risk Reduction Programs and how they should be implemented and reviewed
by FRA.

[[Page 1206]]

Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kathryn Shelton, Trial Attorney, Department of
Transportation, Federal Railroad Administration, 1200 New Jersey Ave.
SE., Washington, DC 20590, Phone: 202-493-6063, Email:
[email protected].
RIN: 2130-AC11

374. + Passenger Equipment Safety Standards; Standards for
Alternative Compliance and High-Speed Trainsets

Legal Authority: 49 U.S.C. 20103
Abstract: This rulemaking would amend 49 CFR part 238 to update
existing safety standards for passenger rail equipment. Specifically,
the proposed rulemaking would add standards for alternative compliance
with requirements for Tier I passenger equipment, increase the maximum
authorized speed for Tier II passenger equipment, and add requirements
for a new Tier III category of passenger equipment.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/14 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kathryn Shelton, Trial Attorney, Department of
Transportation, Federal Railroad Administration, 1200 New Jersey Ave.
SE., Washington, DC 20590, Phone: 202-493-6063, Email:
[email protected].
RIN: 2130-AC46

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Railroad Administration (FRA)

Final Rule Stage

375. + Training Standards for Railroad Employees

Legal Authority: Pub. L. 110 thru 432, Div A, 122 Stat 4848 et
seq.; Railroad Safety Improvement Act of 2008; sec 401 (49 U.S.C.
20162)
Abstract: This rulemaking would (1) establish minimum training
standards for each class or craft of safety-related employee and
equivalent railroad contractor and subcontractor employee by requiring
railroads, contractors, and subcontractors to qualify and document the
proficiency of such employees on their knowledge and ability to comply
with Federal railroad safety laws and regulations and railroad rules
and procedures intended to implement those laws and regulations, etc.;
(2) require submission of the training and qualification programs for
FRA approval; and (3) establish a minimum training curriculum and
ongoing training criteria, testing, and skills evaluation measures.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kathryn Shelton, Trial Attorney, Department of
Transportation, Federal Railroad Administration, 1200 New Jersey Ave.
SE., Washington, DC 20590, Phone: 202-493-6063, Email:
[email protected].
RIN: 2130-AC06
BILLING CODE 4910-06-P

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Proposed Rule Stage

376. + Pipeline Safety: Safety of On-Shore Liquid Hazardous Pipelines

Regulatory Plan: This entry is Seq. No. 118 in part II of this
issue of the Federal Register.
RIN: 2137-AE66

377. Pipeline Safety: Issues Related to the Use of Plastic Pipe in Gas
Pipeline Industry

Legal Authority: 49 U.S.C. 60101 et seq.
Abstract: This rulemaking would address a number of issues related
to the use of plastic pipe in the gas pipeline industry. These issues
include composite pipe petitions, plastic issues on gas lines,
authorized use of PA12 at higher pressures, 50 year markings,
increasing design factor from 0.32 to 0.40 for polyethylene pipe,
characterization of ``plastic pipe'' to ``non-metallic pipe,'' leak
repair revisions, incorporation by reference certain ANSI standards and
enhanced tracking and traceability of lines.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/00/14
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Cameron H Satterthwaite, Transportation Regulations
Specialist, Department of Transportation, Pipeline and Hazardous
Materials Safety Administration, 1200 New Jersey Ave. SE., Washington,
DC 20590, Phone: 202 366-8553, Email: [email protected].
RIN: 2137-AE93

378. Pipeline Safety: Operator Qualification, Cost Recovery and Other
Pipeline Safety Proposed Changes (RRR)

Legal Authority: 49 U.S.C. 60101 et seq.
Abstract: This rulemaking would address miscellaneous issues that
have been raised because of the reauthorization of the pipeline safety
program in 2012 and petitions for rulemaking from many affected
stakeholders. Some of the issues that this rulemaking would address
include: Renewal process for special permits, cost recovery for design
reviews, and incident reporting.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/13 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: John A Gale, Transportation Regulations Specialist,
Department of Transportation, Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590,
Phone: 202-366-0434, Email: [email protected].
RIN: 2137-AE94

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Final Rule Stage

379. + Hazardous Materials: Revisions to Requirements for the
Transportation of Lithium Batteries

Legal Authority: 49 U.S.C. 5101 et seq.
Abstract: This rulemaking would amend the Hazardous Materials

[[Page 1207]]

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

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/11/10 75 FR 1302
NPRM Comment Period End............. 03/12/10 .......................
Notice.............................. 04/11/12 77 FR 21714
Comment Period End.................. 05/11/12 .......................
NPRM; Request for Additional 01/07/13 78 FR 1119
Comments.
Comment Period End.................. 03/08/13 .......................
Final Rule.......................... 12/00/13 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kevin Leary, Transportation Specialist, Department
of Transportation, Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Ave. SE., Washington, DC 20590,Phone:
202 366-8553, Email: [email protected].
RIN: 2137-AE44
BILLING CODE 4910-60-P

DEPARTMENT OF TRANSPORTATION (DOT)

Maritime Administration (MARAD)

Long-Term Actions

380. + Regulations To Be Followed by All Departments, Agencies and
Shippers Having Responsibility To Provide a Preference for U.S.-Flag
Vessels in the Shipment of Cargoes on Ocean Vessels

Legal Authority: 49 CFR 1.66; 46 app U.S.C. 1101; 46 app U.S.C.
1241; 46 U.S.C. 2302(e)(1); Pub. L. 91-469
Abstract: This rulemaking would update and clarify the Cargo
Preference rules that have not been revised substantially since 1971.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Next Action Undetermined............ To Be Determined
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Christine Gurland, Department of Transportation,
Maritime Administration, 1200 New Jersey Ave. SE., Washington, DC
20590,Phone: 202 366-5157, Email: [email protected].
RIN: 2133-AB74

[FR Doc. 2013-29637 Filed 1-6-14; 8:45 am]
BILLING CODE 4910-81-P