[Federal Register Volume 80, Number 240 (Tuesday, December 15, 2015)]
[Unknown Section]
[Pages 77998-78016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31008]
[[Page 77997]]
Vol. 80
Tuesday,
No. 240
December 15, 2015
Part XIV
Department of Transportation
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Semiannual Regulatory Agenda
Federal Register / Vol. 80 , No. 240 / Tuesday, December 15, 2015 /
Unified Agenda
[[Page 77998]]
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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
[DOT-OST-1999-5129]
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 more
effectively participate in the Department's regulatory process. 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 Jonathan Moss, Assistant General Counsel for Regulation,
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.
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 ensure that
they continue to meet the needs for which they originally were
designed. To view additional information about the Department'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 its goals and in accordance with
Executive Order (E.O.) 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
rulemakings, reviews of existing regulations, and completed actions of
the Department. These are matters on which action has begun or is
projected during the next 12 months 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 OST.
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 Rulemakings
The Agenda covers all rules and regulations of the Department. We
have classified rules as significant in the Agenda if they are,
essentially, very beneficial, controversial, or of substantial public
interest under our Regulatory Policies and Procedures. All DOT
significant rulemaking documents are subject to review by the Secretary
of Transportation. If the Office of Management and Budget (OMB) decided
a rule is subject to its review under Executive Order 12866, we have
also classified it as significant in the Agenda.
Explanation of Information on the Agenda
An Office of Management and Budget memorandum, dated August 13,
2015, 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 when a rulemaking document may publish; (8)
whether the rulemaking will affect small entities and/or levels of
Government and, if so, which categories; (9) whether a Regulatory
Flexibility Act (RFA) analysis is required (for rules that would have a
significant economic impact on a substantial number of small entities);
(10) a listing of any analyses an office will prepare or has prepared
for the action (with minor exceptions, DOT requires an economic
analysis for all its rulemakings); (11) an agency contact office or
official who can provide further information; (12) a Regulation
Identifier Number (RIN) assigned to identify an individual rulemaking
in the
[[Page 77999]]
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,'' and ``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 a rulemaking
document may publish. In addition, these dates are based on current
schedules. Information received after the issuance of this Agenda could
result in a decision not to take regulatory action or in changes to
proposed publication dates. For example, the need for further
evaluation could result in a later publication date; evidence of a
greater need for the regulation could result in an earlier publication
date.
Finally, a dot () preceding an entry indicates that the
entry appears in the Agenda for the first time.
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
making the Agenda easier to use. We would like you, the public, to make
suggestions or comments on how the Agenda could be further improved.
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,'' in 2011
we 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. Any updates related to our
retrospective plan and review results can be found at http://www.dot.gov/regulations.
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: October 8, 2015.
Anthony R. 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--Lirio Liu, Director, Office of Rulemaking, 800 Independence Avenue
SW., Washington, DC 20591; telephone (202) 267-7833.
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 Gresham, Office of Chief Counsel, 1200 New Jersey Avenue
[[Page 78000]]
SE., Washington, DC 20590; telephone (202) 493-6063.
FTA--Bonnie Graves, Office of Chief Counsel, 1200 New Jersey Avenue
SE., Washington, DC 20590; telephone (202) 366-4011.
SLSDC--Carrie Mann Lavigne, Chief Counsel, 180 Andrews Street, Massena,
NY 13662; telephone (315) 764-3200.
PHMSA--Karin Christian, 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.
OST--Jonathan Moss, Assistant General Counsel for Regulation, 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: 9:00 a.m. to 5:00 p.m.
Appendix D--Review Plans for Section 610 and Other Requirements
Part I--The Plan
General
The Department of Transportation has long recognized the importance
of regularly reviewing its existing regulations to determine whether
they need to be revised or revoked. Our Regulatory Policies and
Procedures require such reviews. 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 it is 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 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.
[[Page 78001]]
Part III--List of Pending Section 610 Reviews
The Agenda identifies the pending DOT section 610 Reviews by
inserting ``(Section 610 Review)'' after the title for the specific
entry. For further information on the pending reviews, see the Agenda
entries at www.reginfo.gov. For example, to obtain a list of all
entries that are in section 610 Reviews under the Regulatory
Flexibility Act, a user would select the desired responses on the
search screen (by selecting ``advanced search'') and, in effect,
generate the desired ``index'' of reviews.
Office of the Secretary
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 49 CFR parts 91 2008 2009
through 99 and.
14 CFR parts 200
through 212.
2..................... 48 CFR parts 2009 2010
1201 through
1253 and new
parts and
subparts.
3..................... 14 CFR parts 213 2010 2011
through 232.
4..................... 14 CFR parts 234 2011 2012
through 254.
5..................... 14 CFR parts 255 2012 2013
through 298 and
49 CFR part 40.
6..................... 14 CFR parts 300 2013 2014
through 373.
7..................... 14 CFR parts 374 2014 2015
through 398.
8..................... 14 CFR part 399 2015 2016
and 49 CFR
parts 1 through
11.
9..................... 49 CFR parts 17 2016 2017
through 28.
10.................... 49 CFR parts 29 2017 2018
through 39 and
parts 41
through 89.
------------------------------------------------------------------------
Year 8 (2015) List of Rules That Will Be Analyzed During the Next Year
14 CFR part 399--Fees and Charges for Special Services
49 CFR part 1--Organization and Delegation of Power and Duties
49 CFR part 3--Official Seal
49 CFR part 5--Rulemaking Procedures
49 CFR part 6--Implementation of Equal Access to Justice Act in Agency
Proceedings
49 CFR part 7--Public Availability of Information
49 CFR part 8--Classified Information: Classification/Declassification/
Access
49 CFR part 9--Testimony of Employees of the Department and Production
of Records in Legal Proceedings
49 CFR part 10--Maintenance of and Access to Records Pertaining to
Individuals
49 CFR part 11--Protection of Human Subjects
Year 7 (2014) List of Rules With Ongoing Analysis
14 CFR part 374--Implementation of the Consumer Credit Protection Act
with Respect to Air Carriers and Foreign Air Carriers
14 CFR part 374a--Extension of Credit by Airlines to Federal Political
Candidates
14 CFR part 375--Navigation of Foreign Civil Aircraft within the United
States
14 CFR part 377--Continuance of Expired Authorizations by Operation of
Law Pending Final Determination of Applications for Renewal Thereof
14 CFR part 380--Public Charters
14 CFR part 381--Special Event Tours
14 CFR part 382--Nondiscrimination On The Basis Of Disability in Air
Travel
14 CFR part 383--Civil Penalties
14 CFR part 385--Staff Assignments and Review of Action under
Assignments
14 CFR part 389--Fees and Charges for Special Services
14 CFR part 398--Guidelines for Individual Determinations of Basic
Essential Air Service
Year 6 (2013) List of Rules With Ongoing Analysis
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
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
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 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 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--Commingling 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
[[Page 78002]]
14 CFR part 223--Free and Reduced-Rate Transportation
14 CFR part 232--Transportation of Mail, Review of Orders of Postmaster
General
14 CFR part 234--Airline Service Quality Performance Reports
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
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% 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.
------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 14 CFR parts 119 2008 2009
through 129 and
parts 150
through 156.
2..................... 14 CFR parts 133 2009 2010
through 139 and
parts 157
through 169.
3..................... 14 CFR parts 141 2010 2011
through 147 and
parts 170
through 187.
4..................... 14 CFR parts 189 2011 2012
through 198 and
parts 1 through
16.
5..................... 14 CFR parts 17 2012 2013
through 33.
6..................... 14 CFR parts 34 2013 2014
through 39 and
parts 400
through 405.
7..................... 14 CFR parts 43 2014 2015
through 49 and
parts 406
through 415.
8..................... 14 CFR parts 60 2015 2016
through 77.
9..................... 14 CFR parts 91 2016 2017
through 105.
10.................... 14 CFR parts 417 2017 2018
through 460.
------------------------------------------------------------------------
Year 9 (2016) List of Rules To Be Analyzed During the Next Year
14 CFR part 91--General Operating and Flight Rules
14 CFR part 93--Special Air Traffic Rules
14 CFR part 95--IFR Altitudes
14 CFR part 97--Standard Instrument Procedures
14 CFR part 99--Security Control of Air Traffic
14 CFR part 101--Moored Balloons, Kites, Amateur Rockets and Unmanned
Free Balloons
14 CFR part 103--Ultralight Vehicles
14 CFR part 105--Parachute Operations
Year 8 (2015) List of Rules Analyzed and Summary of Results
14 CFR Part 60--Flight Simulation Training Device Initial and
Continuing Qualification and Use
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 61--Certification: Pilots, Flight Instructors, and Ground
Instructors
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 63--Certification: Flight Crewmembers Other Than Pilots
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 65--Certification: Airmen Other than Flight Crewmembers
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 67--Medical Standards and 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 71--Designation of Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and Reporting Points
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 73--Special Use Airspace
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
[[Page 78003]]
impose the least burden. FAA's plain language review of these rules
indicates no need for substantial revision.
14 CFR Part 77--Safe, Efficient Use, and Preservation of the Navigable
Airspace
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.
Federal Highway Administration
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... None............ 2008 2009
2..................... 23 CFR parts 1 2009 2010
to 260.
3..................... 23 CFR parts 420 2010 2011
to 470.
4..................... 23 CFR part 500. 2011 2012
5..................... 23 CFR parts 620 2012 2013
to 637.
6..................... 23 CFR parts 645 2013 2014
to 669.
7..................... 23 CFR parts 710 2014 2015
to 924.
8..................... 23 CFR parts 940 2015 2016
to 973.
9..................... 23 CFR parts 2016 2017
1200 to 1252.
10.................... New parts and 2017 2018
subparts.
------------------------------------------------------------------------
Federal-Aid Highway Program
The Federal Highway Administration (FHWA) has adopted regulations
in title 23 of the CFR, chapter I, related to the Federal-Aid Highway
Program. These regulations implement and carry out the provisions of
Federal law relating to the administration of Federal aid for highways.
The primary law authorizing Federal aid for highway is chapter I of
title 23 of the U.S.C. 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 7 (Fall 2014) List of Rules Analyzed and a Summary of Results
23 CFR Part 710--Right-of-Way and Real Estate
Section 610: No SEIOSNOSE. No small entities are affected.
General: An updated rule was promulgated implementing
section 1302 of MAP-21 by adding the new authorities for early
acquisition of property to part 710, clarifying the Federal-aid
eligibility of a broad range of real property interests that constitute
less than full fee ownership, streamlining program requirements,
clarifying the Federal-State partnership, and carrying out a
comprehensive update of part 710.
23 CFR Part 750--Highway Beautification
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 FR Part 751--Junkyard Control and Acquisition
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 752--Landscape and Roadside Development
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 771--Environmental Impact and Related Procedures
Section 610: No SEIOSNOSE. No small entities are affected.
General: An updated rule was promulgated to conform with
MAP-21, and proposes additional substantive and nonsubstantive changes
to streamline or clarify this part.
23 CFR Part 772--Procedures for Abatement of Highway Traffic Noise and
Construction Noise
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 773--Surface Transportation Project Delivery Program
Application Requirements and Termination
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 774--Parks, Recreation Areas, Wildlife and Waterfowl
Refuges, and Historic Sites (Section 4(f))
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 777--Mitigation of Impacts to Wetlands and Natural Habitat
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 810--Mass Transit and Special Use Highway Projects
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.
[[Page 78004]]
23 CFR Part 924--Highway Safety Improvement Program
Section 610: No SEIOSNOSE. No small entities are affected.
General: An updated rule was promulgated to incorporate
amendments made to the program by section 1112 of MAP-21 and to
incorporate necessary changes to align with the safety performance
management rulemaking.
Year 8 (Fall 2015) List of Rules That Will Be Analyzed During the Next
Year
23 CFR part 940--Intelligent transportation system architecture and
standards
23 CFR part 950--Electronic toll collection
23 CFR part 970--National Park Service Management Systems
23 CFR part 971--Forest Service management systems
23 CFR part 972--Fish and Wildlife Service management systems
23 CFR part 973--Management systems pertaining to the Bureau of Indian
Affairs and the Indian Reservation Roads Program
Federal Motor Carrier Safety Administration
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 49 CFR part 372, 2008 2009
subpart A.
2..................... 49 CFR part 386. 2009 2010
3..................... 49 CFR parts 325 2010 2011
and 390
(General).
4..................... 49 CFR parts 390 2011 2012
(Small
Passenger-
Carrying
Vehicles), 391
to 393 and 396
to 399.
5..................... 49 CFR part 387. 2012 2013
6..................... 49 CFR parts 2013 2014
360, 365, 366,
368, 374, 377,
and 378.
7..................... 49 CFR parts 2014 2015
356, 367, 369,
370, 371, 372
(subparts B and
C).
8..................... 49 CFR parts 2015 2016
373, 376, and
379.
9..................... 49 CFR part 375. 2016 2017
10.................... 49 CFR part 395. 2017 2018
------------------------------------------------------------------------
Year 6 (Fall 2014) List of Rules Analyzed and a Summary of Results
49 CFR Part 360--Fees for Motor Carrier Registration and Insurance
Section 610: There is no SEISNOSE. This administrative
rule allows FMCSA to collect one-time nominal registration and
insurance fees for commercial motor carriers. The fees do not place any
significant cost burden on small entities.
General: FMCSA will integrate plain language techniques to
the extent possible as it rewrites various rulemakings to address Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (SAFETEA-LU) and MAP-21 provisions that authorize the
replacement of three current identification and registration systems
with a single online Federal ``Unified Registration System (URS).'' The
authority to set and collect fees is found in 31 U.S.C. 9701 and 49
U.S.C. 13908.
49 CFR Part 3659--Rules Governing Applications for Operating Authority
Section 610: There is no SEISNOSE. This administrative
rule describes the operating authority application process and does not
require extensive time to complete. The rule also allows commercial
motor vehicle (CMV) carriers to protest a rejected application for
operating authority. Because no entity is obliged to file a protest;
and the filing process requires minimal time to complete, we find that
the rule does not impose any significant costs upon a significant
number of small entities.
General: FMCSA will integrate plain language techniques as
it rewrites these rulemakings and will integrate this part into 49 CFR
part 360 consistent with the Federal ``Unified Registration System.''
This part is still relevant as it provides carriers with the authority
to operate.
49 CFR Part 366--Designation of Process Agent
Section 610: There is no SEISNOSE. These rules require
motor carriers to designate court-related process agents for every
State in which they operate to enable the claimant to adjudicate a
claim in the jurisdiction where the claim arises. Many small motor
carriers contract with organizations which provide a nationwide blanket
authority at a reasonable cost.
General: The process-agent designation is imposed by
statute: 49 U.S.C. 13303 and 13304; consequently FMCSA has no
discretion regarding costs associated with this rulemaking. FMCSA will
integrate plain language techniques as it rewrites these rulemakings
and will integrate this part into 49 CFR part 360 consistent with the
Federal ``Unified Registration System.''
49 CFR Part 368--Application for a Certificate of Registration to
Operate in Municipalities in the United States on the United States-
Mexico International Border or Within the Commercial Zones of Such
Municipalities
Section 610: There is no SEISNOSE. The issuance of
``Certificates of Registration'' to Mexican motor carriers of property
desiring to operate in the United States commercial border zones
applies only to Mexican carriers and therefore has no cost impact to
U.S. small entities.
General: This rule remains important since the North
American Free Trade Agreement has not been fully implemented. The FMCSA
will integrate plain language techniques as it rewrites these
rulemakings and will integrate this part into 49 CFR part 360,
consistent with SAFETEA-LU and the proposed Federal ``Unified
Registration System.''
49 CFR Part 374--Discrimination in Operations of Interstate Motor
Common Carriers of Passengers
Section 610: There is no SEISNOSE. This regulation is
administrative in nature and was transferred to the Department of
Transportation upon the enactment of the Interstate Commerce Commission
Termination Act (ICCTA) of 1995. This rule prohibits certain forms of
discrimination and smoking on interstate motor carriers of passengers,
ticketing requirements, and excess baggage requirements regarding
commercial travel on Interstate motor carriers of passengers. These
rules promote standard business practices that a prudent person should
undertake in the proper management of transportation operations
consistent with existing laws to include the Americans with
Disabilities Act (ADA) and the Civil Rights Amendment. There are no
substantial additive costs borne by small entities as a result of this
rule.
General: These regulations are cost effective and impose
minimal burden. FMCSA will rewrite the regulations using plain language
techniques as resources permit.
[[Page 78005]]
49 CFR Part 377--Payment of Transportation Charges
Section 610: There is no SEISNOSE. The rules and
regulations in this part apply to the transportation by motor vehicle
of collect on delivery shipments by common carriers of property subject
to 49 U.S.C. 13702, and extending credit to shippers. The rules do not
constrain business decisions or impose costly fees upon small entities.
General: These rules support 49 U.S.C. 13702, and require
certain carriers to publish tariffs in support of non-contiguous
domestic trade. FMCSA will rewrite its regulations using plain language
techniques as resources permit.
49 CFR Part 378--Procedures Governing the Processing, Investigation,
and Disposition of Overcharge, Duplicate Payment, or Over-Collection
Claims
Section 610: There is no SEISNOSE. These rules involve
standard business practices that a prudent carrier should undertake in
the proper management of claim disputes even in the absence of the
rules. The benefits of the rule justify their costs, and impose only a
minimal cost burden on small entities.
General: These rules support 49 U.S.C. 13301, 14101,
14704, 14705, and 13702(a), which regulate the management of claim
disputes. FMCSA will rewrite the regulations using plain language
techniques as resources permit.
Year 7 (Fall 2015) List of Rules That Will Be Analyzed During the Next
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; and
49 CFR part 372 (subparts B and C)--Exemptions, Commercial Zones
and Terminal Areas.
National Highway Traffic Safety Administration
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 49 CFR parts 2008 2009
571.223 through
571.500, and
parts 575 and
579.
2..................... 23 CFR parts 2009 2010
1200 through
1300.
3..................... 49 CFR parts 501 2010 2011
through 526 and
571.213.
4..................... 49 CFR parts 2011 2012
571.131,
571.217,
571.220,
571.221, and
571.222.
5..................... 49 CFR parts 2012 2013
571.101 through
571.110, and
571.135,
571.138, and
571.139.
6..................... 49 CFR parts 529 2013 2014
through 578,
except parts
571 and 575.
7..................... 49 CFR parts 2014 2015
571.111 through
571.129 and
parts 580
through 588.
8..................... 49 CFR parts 2015 2016
571.201 through
571.212.
9..................... 49 CFR parts 2016 2017
571.214 through
571.219, except
571.217.
10.................... 49 CFR parts 591 2017 2018
through 595 and
new parts and
subparts.
------------------------------------------------------------------------
Year 7 (Fall 2014) List of Rules Analyzed and a Summary of the Results
49 CFR Part 571.111--Rear Visibility
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 571.113--Hood Latch System
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 571.114--Theft Protection and Rollaway Prevention
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 571.116--Motor Vehicle Brake Fluids
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 571.117--Retreaded Pneumatic 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 571.118--Power-Operated Window, Partition, and Roof Panel
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 571.119--New Pneumatic Tires for Motor Vehicles With a GVWR
of More Than 4,536 Kilograms (10,000 Pounds) and Motorcycles
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 571.120--Tire Selection and Rims and Motor Home/Recreation
Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles
With a GVWR of More Than 4,536 Kilograms (10,000 Pounds)
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 571.121--Air 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
[[Page 78006]]
language review of these rules indicates no need for substantial
revision.
49 CFR Part 571.122--Motorcycle 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 571.122a--Motorcycle 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 571.123--Motorcycle 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 571.124--Accelerator Control 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 571.125--Warning Devices
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 571.126--Electronic Stability Control 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 571.129--New Non-pneumatic Tires for Passenger Cars
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 580--Odometer Disclosure Requirements
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 581--Bumper Standard
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 582--Insurance Cost Information Regulation
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 583--Automobile Parts Content Labeling
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 585--Phase-In Reporting Requirements
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 587--Deformable Barriers
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 588--Child Restraint Systems Recordkeeping Requirements
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 8 (Fall 2015) List of Rules That Will Be Analyzed During the Next
Year
49 CFR part 571.201--Occupant Protection in Interior Impact
49 CFR part 571.202--Head Restraints; Applicable at the Manufacturers
Option Until September 1, 2009
49 CFR part 571.202a--Head Restraints; Mandatory Applicability Begins
On September 1, 2009
49 CFR part 571.203--Impact Protection For the Driver From the Steering
Control System
49 CFR part 571.204--Steering Control Rearward Displacement.
49 CFR part 571.205--Glazing Materials
49 CFR part 571.205a--Glazing Equipment Manufactured Before September
1, 2006 and Glazing Materials Used In Vehicles Manufactured Before
November 1, 2006
49 CFR part 571.206--Door Locks and Door Retention Components
49 CFR part 571.207--Seating Systems
49 CFR part 571.208--Occupant Crash Protection
49 CFR part 571.209--Seat Belt Assemblies
49 CFR part 571.210--Seat Belt Assembly Anchorages
49 CFR part 571.211--[Reserved]
49 CFR part 571.212--Windshield Mounting
Federal Railroad Administration
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 49 CFR parts 200 2008 2009
and 201.
2..................... 49 CFR parts 2009 2010
207, 209, 211,
215, 238, and
256.
3..................... 49 CFR parts 2010 2011
210, 212, 214,
217, and 268.
4..................... 49 CFR part 219. 2011 2012
5..................... 49 CFR parts 2012 2013
218, 221, 241,
and 244.
6..................... 49 CFR parts 2013 2014
216, 228, and
229.
7..................... 49 CFR parts 223 2014 2015
and 233.
[[Page 78007]]
8..................... 49 CFR parts 2015 2016
224, 225, 231,
and 234.
9..................... 49 CFR parts 2016 2017
222, 227, 235,
236, 250, 260,
and 266.
10.................... 49 CFR parts 2017 2018
213, 220, 230,
232, 239, 240,
and 265.
------------------------------------------------------------------------
Year 7 (Fall 2014) List of Rules Analyzed and a Summary of Results
49 CFR Part 223--Safety Glazing Standards--Locomotives, Passenger Cars
and Cabooses
Section 610: There is no SEIOSNOSE.
General: The rule provides minimum requirements for
glazing materials, and is necessary to protect railroad employees and
railroad passengers from injury as a result of objects striking the
windows of locomotives, passenger cars and cabooses. Recent amendments
with regard to the clarification existing regulations related to the
use of glazing materials in the windows of locomotives, passenger cars,
and cabooses are expected to reduce paperwork and other economic
burdens on the rail industry by removing a stenciling requirement for
locomotives, passenger cars, and cabooses. FRA's plain language review
of this rule indicates no need for substantial revision.
49 CFR Part 233--Signal Systems Reporting Requirements
Section 610: There is no SEIOSNOSE.
General: FRA proposed to eliminate the five-year reporting
requirement in a notice of proposed rulemaking (NPRM) that was
published on June 19, 2013. The final rule eliminated the regulatory
requirement that each railroad file a Signal Systems Five-Year Report
with FRA which became effective on September 2, 2014. This would reduce
paperwork burdens, and protect public health, welfare, safety and
environment. FRA's plain language review of this rule indicates no need
for substantial revision.
Year 8 (Fall 2015) List of Rule(s) That Will Be Analyzed During Next
Year
49 CFR part 224--Reflectorization of Rail Freight Rolling Stock
49 CFR part 225--Railroad Accidents/Incidents: Reports Classification
and Investigations
49 CFR part 231--Railroad Safety Appliance Standards
49 CFR part 234--Grade Crossing Safety, Including Signal Systems, State
Action Plans, and Emergency Notification Systems
Federal Transit Administration
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 49 CFR parts 2008 2009
604, 605, and
633.
2..................... 49 CFR parts 661 2009 2010
and 665.
3..................... 49 CFR part 633. 2010 2011
4..................... 49 CFR parts 609 2011 2012
and 611.
5..................... 49 CFR parts 613 2012 2013
and 614.
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 2016 2017
and 663.
10.................... 49 CFR part 665. 2017 2018
------------------------------------------------------------------------
Year 7 (Fall 2014) List of Rules Analyzed and Summary of Results
49 CFR Part 630--National Transit Database
Section 610: The agency has determined that the rule
continues to not have a significant effect on a substantial number of
small entities. FTA is proposing to amend the rule to align with the
statutory requirement to report performance measures and targets for
the National Transit Asset Management System as required under 49
U.S.C. 5326(c)(3). Currently, the NTD reporting requirements are
limited, in some instances, to recipients and sub-recipients of section
5307 urban formula funds and 5311 rural formula funds. The proposed
reporting requirements would apply to all recipients and sub-recipients
of Chapter 53 funds that own, operate, or manage capital assets used in
the provision of public transportation. However, FTA is not proposing
to apply all existing NTD reporting requirements to all recipients of
chapter 53 funds. FTA has evaluated the likely effects of the proposed
rule on small entities and is requesting public comment during the
rulemaking process. FTA has determined that the proposed revisions will
not have a significant economic impact on a substantial number of small
entities.
General: The rule was promulgated to prescribe
requirements and procedures for compliance with Federal data reporting
requirements dictated by statute. Recently, Congress included
additional reporting requirements for the management of transit asset
when it enacted the Moving Ahead for Progress in the 21st Century Act
(MAP-21), Public Law 112-141, (2012). FTA is promulgating a notice of
proposed rulemaking to implement specific reporting requirements of the
National Asset Management System in accordance with 49 U.S.C. 5326. The
proposal includes revising 49 CFR part 630 to apply to all recipients
of Federal public transit funds instead of being limited to just
recipients of Federal funds under 49 U.S.C. 5307 and 5311. However, the
proposed rule will not extend all current reporting requirements to all
recipients. This proposal will revise the regulation to be consistent
with current statutory requirements.
Year 8 (Fall 2015)--List of Rule(s) That Will Be Analyzed This Year
49 CFR part 639--Capital Leases
Maritime Administration
Section 610 and Other Reviews
[[Page 78008]]
------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 46 CFR parts 201 2008 2009
through 205.
2..................... 46 CFR parts 221 2009 2010
through 232.
3..................... 46 CFR parts 249 2010 2011
through 296.
4..................... 46 CFR parts 2011 2012
221, 298, 308,
and 309.
5..................... 46 CFR parts 307 2012 2013
through 309.
6..................... 46 CFR part 310. 2013 2014
7..................... 46 CFR parts 315 2014 2015
through 340.
8..................... 46 CFR parts 345 2015 2016
through 381.
9..................... 46 CFR parts 382 2016 2017
through 389.
10.................... 46 CFR parts 390 2017 2018
through 393.
------------------------------------------------------------------------
Year 6 (2013) List of Rules With Ongoing Analysis
46 CFR part 310--Merchant Marine Training
Year 7 (2014) List of Rules With Ongoing Analysis
46 CFR part 315--Agency Agreements and Appointment of Agents
46 CFR part 317--Bonding of Ship's Personnel
46 CFR part 324--Procedural Rules for Financial Transactions Under
Agency Agreements
46 CFR part 325--Procedure to be Followed by General Agents in
Preparation of Invoices and Payment of Compensation Pursuant to
Provisions of NSA Order No. 47
46 CFR part 326--Marine Protection and Indemnity Insurance Under
Agreements with Agents
46 CFR part 327--Seamen's Claims; Administrative Action and Litigation
46 CFR part 328--Slop Chests
46 CFR part 329--Voyage Data
46 CFR part 330--Launch Services
46 CFR part 332--Repatriation of Seaman
46 CFR part 335--Authority and Responsibility of General Agents to
Undertake Emergency Repairs in Foreign Ports
46 CFR part 336--Authority and Responsibility of General Agents to
Undertake in Continental United States Ports Voyage Repairs and Service
Equipment of Vessels Operated for the Account of the National Shipping
Authority Under General Agency Agreement
46 CFR part 337--General Agent's responsibility in Connection with
Foreign Repair Custom's Entries
46 CFR part 338--Procedure for Accomplishment of Vessel Repairs Under
National Shipping Authority Master Lump Sum Repair Contract--NSA--
Lumpsumrep
46 CFR part 339--Procedure for Accomplishment of Ship Repairs Under
National Shipping Authority Individual Contract for Minor Repairs--
NSA--Worksmalrep
46 CFR part 340--Priority Use and Allocation of Shipping Services,
Container and Chassis and Port Facilities and Services for National
Security and National Defense Related Operations.
Year 8 (2015) List of Rules With Ongoing Analysis
46 CFR part 345--Restrictions upon the transfer or change in use or in
terms governing utilization of port facilities
46 CFR part 346--Federal port controllers
46 CFR part 356--Requirements for vessels over 100 feet or greater in
registered length to obtain a fishery endorsement to the vessel's
documentation
46 CFR part 370--Claims
46 CFR part 381--Cargo preference--U.S.-flag vessels
Year 9 (2016) List of Rules That Will Be Analyzed During the Next Year
46 CFR part 382--Determination of fair and reasonable rates for the
carriage of bulk and packaged preference cargoes on U.S.-flag
commercial vessels
46 CFR part 385--Research and development grant and cooperative
agreements regulations
46 CFR part 386--Regulations governing public buildings and grounds at
the United States Merchant Marine Academy
46 CFR part 387--Utilization and disposal of surplus Federal real
property for development or operation of a port facility
46 CFR part 388--Administrative waivers of the Coastwise Trade Laws
46 CFR part 389--Determination of availability of coast-wise-qualified
vessels for transportation of platform jackets
Pipeline and Hazardous Materials Safety Administration (PHMSA)
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 49 CFR part 178. 2008 2009
2..................... 49 CFR parts 178 2009 2010
through 180.
3..................... 49 CFR parts 172 2010 2011
and 175.
4..................... 49 CFR part 171, 2011 2012
sections 171.15
and 171.16.
5..................... 49 CFR parts 2012 2013
106, 107, 171,
190, and 195.
6..................... 49 CFR parts 2013 2014
174, 177, 191,
and 192.
7..................... 49 CFR parts 176 2014 2015
and 199.
8..................... 49 CFR parts 172 2015 2016
and 178.
9..................... 49 CFR parts 2016 2017
172, 173, 174,
176, 177, and
193.
10.................... 49 CFR parts 173 2017 2018
and 194.
------------------------------------------------------------------------
Year 7 (Fall 2015) List of Rules Analyzed and a Summary of Results
49 CFR Part 176--Carriage by Vessel
Section 610: There is no SEIOSNOSE. This rule prescribes
minimum safety standards for the transportation of hazardous materials
by vessel. Some small entities may be affected, but the economic impact
on small entities will not be significant.
General: The requirements in this rule are necessary to
protect workers and the general public from the dangers associated with
incidents involving hazardous materials transported by vessel. These
provisions closely align
[[Page 78009]]
with international standards for the safe transportation of dangerous
goods. PHMSA works in consultation with the United States Coast Guard
to promote a harmonized international framework for the vessel
transport of hazardous materials through participation in relevant
international standards setting bodies including the International
Maritime Organization's Sub-Committee on Carriage of Cargoes and
Containers and strives to harmonize domestic regulations with that
framework wherever such harmonization provides an acceptable level of
safety and is in the public interest. PHMSA's plain language review of
this rule indicates no need for substantial revision.
49 CFR Part 199--Drug and Alcohol Testing
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 of
this rule indicates no need for substantial revision.
Year 8 (Fall 2016) List of Rules That Will Be Analyzed During the Next
Year
49 CFR part 172--Hazardous Materials Table, Special Provisions,
Hazardous Materials Communications, Emergency Response Information,
Training Requirements, and Security Plans
49 CFR part 178--Specifications for Packagings
Saint Lawrence Seaway Development Corporation
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 33 CFR parts 401 2008 2009
through 403.
------------------------------------------------------------------------
Year 1 (Fall 2008) List of Rules With Ongoing Analysis
33 CFR part 401--Seaway Regulations and Rules
33 CFR part 402--Tariff of Tolls
33 CFR part 403--Rules of Procedure of the Joint Tolls Review Board
Office of the Secretary--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
336....................... + Airline Pricing 2105-AE11
Transparency and Other
Consumer Protection
Issues.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Aviation Administration--Prerule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
337....................... + Applying the Flight, 2120-AK26
Duty, and Rest Rules to
Tail-End Ferry Operations
(FAA Reauthorization.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Aviation Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
338....................... + Airport Safety 2120-AJ38
Management System (Reg
Plan Seq No. 87).
339....................... + Applying the Flight, 2120-AK22
Duty, and Rest
requirements to Ferry
Flights that Follow
Domestic, Flag, or
Supplemental All-Cargo
Operations
(Reauthorization).
340....................... + Revision of 2120-AK65
Airworthiness Standards
for Normal, Utility,
Acrobatic, and Commuter
Category Airplanes (Reg
Plan Seq No. 89).
------------------------------------------------------------------------
+ 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--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
341....................... + Operation and 2120-AJ60
Certification of Small
Unmanned Aircraft Systems
(Reg Plan Seq No. 90).
342....................... Changing the Collective 2120-AK06
Risk Limits for Launches
and Reentries and
Clarifying the Risk Limit
Used to Establish Hazard
Areas for Ships and
Aircraft.
343....................... Flight Simulation Training 2120-AK08
Device (FSTD)
Qualification Standards
for Extended Envelope and
Adverse Weather Event
Training.
344....................... Acceptance Criteria for 2120-AK32
Portable Oxygen
Concentrators Used
Onboard Aircraft (RRR).
345....................... Reciprocal Waivers of 2120-AK44
Claims for Licensed or
Permitted Launch and
Reentry Activities (RRR).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
[[Page 78010]]
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.
------------------------------------------------------------------------
346....................... + Requirements to File 2120-AK77
Notice of Construction of
Meteorological Evaluation
Towers and Other
Renewable Energy Projects
(Section 610 Review).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Aviation Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
347....................... + Prohibition Against 2120-AK60
Certain Flights Within
the Baghdad (ORBB) Flight
Information Region (FIR)
Amendment.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Motor Carrier Safety Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
348....................... + Carrier Safety Fitness 2126-AB11
Determination (Reg Plan
Seq No. 94).
349....................... + Entry-Level Driver 2126-AB66
Training (Section 610
Review) (Reg Plan Seq No.
95).
------------------------------------------------------------------------
+ DOT-designated significant regulation
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
Federal Motor Carrier Safety Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
350....................... + Commercial Driver's 2126-AB18
License Drug and Alcohol
Clearinghouse (MAP-21)
(Reg Plan Seq No. 96).
351....................... + Electronic Logging 2126-AB20
Devices and Hours of
Service Supporting
Documents (MAP-21) (RRR).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
Federal Motor Carrier Safety Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
352....................... + Lease and Interchange of 2126-AB44
Vehicles; Motor Carriers
of Passengers.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Railroad Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
353....................... + Passenger Equipment 2130-AC46
Safety Standards
Amendments.
354....................... + Train Crew Staffing and 2130-AC48
Location.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Pipeline and Hazardous Materials Safety Administration--Proposed Rule
Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
355....................... + Pipeline Safety: Safety 2137-AE66
of On-Shore Liquid
Hazardous Pipelines (Reg
Plan Seq No. 101).
356....................... + Pipeline Safety: 2137-AF06
Amendments to Parts 192
and 195 to Require Valve
Installation and Minimum
Rupture Detection
Standards.
357....................... + Hazardous Materials: Oil 2137-AF08
Spill Response Plans and
Information Sharing for
High-Hazard Flammable
Trains (Reg Plan Seq No.
103).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
[[Page 78011]]
Pipeline and Hazardous Materials Safety Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
358....................... Pipeline Safety: Issues 2137-AE93
Related to the Use of
Plastic Pipe in Gas
Pipeline Industry.
359....................... Pipeline Safety: Operator 2137-AE94
Qualification, Cost
Recovery, Accident and
Incident Notification,
and Other Changes (RRR).
------------------------------------------------------------------------
Pipeline and Hazardous Materials Safety Administration--Completed
Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
360....................... + Hazardous Materials: 2137-AE91
Enhanced Tank Car
Standards and Operational
Controls for High-Hazard
Flammable Trains.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Maritime Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
361....................... + Cargo Preference........ 2133-AB74
------------------------------------------------------------------------
+ DOT-designated significant regulation.
DEPARTMENT OF TRANSPORTATION (DOT)
Office of the Secretary (OST)
Final Rule Stage
336. +Airline Pricing Transparency and Other Consumer Protection Issues
Legal Authority: 49 U.S.C. 41712; 49 U.S.C. 40101; 49 U.S.C. 41702
Abstract: The Department is seeking comment on a number of
proposals to enhance protections for air travelers and to improve the
air travel environment, including a proposal to clarify and codify the
Department's interpretation of the statutory definition of ``ticket
agent.'' This NPRM would also require airlines and ticket agents to
disclose at all points of sale the fees for certain basic ancillary
services associated with the air transportation consumers are buying or
considering buying. Other proposals in this NPRM to enhance airline
passenger protections include: Expanding the pool of ``reporting''
carriers; requiring enhanced reporting by mainline carriers for their
domestic code-share partner operations; requiring large travel agents
to adopt minimum customer service standards; codifying the statutory
requirement that carriers and ticket agents disclose any code-share
arrangements on their Web sites; and prohibiting unfair and deceptive
practices such as undisclosed biasing and post-purchase price
increases. The Department is also considering whether to require ticket
agents to disclose the carriers whose tickets they sell in order to
avoid having consumers mistakenly believe they are searching all
possible flight options for a particular city-pair market when in fact
there may be other options available. Additionally, this NPRM would
correct drafting errors and make minor changes to the Department's
second Enhancing Airline Passenger Protections rule to conform to
guidance issued by the Department's Office of Aviation Enforcement and
Proceedings (Enforcement Office) regarding its interpretation of the
rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/23/14 79 FR 29970
Final Rule.......................... 04/00/16
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Blane A Workie, Principal Deputy Assistant General
Counsel, Department of Transportation, Office of the Secretary, 1200
New Jersey Avenue SE., Washington, DC 20590, Phone: 202 366-9342, TDD
Phone: 202 755-7687, Fax: 202 366-7152, Email: [email protected].
RIN: 2105-AE11
BILLING CODE 4910-9X-P
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Prerule Stage
337. +Applying the Flight, Duty, and Rest Rules to Tail-End Ferry
Operations (FAA Reauthorization
Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 1153; 49 U.S.C. 40101;
49 U.S.C. 40102; 49 U.S.C. 40103; 49 U.S.C. 40113; 49 U.S.C. 41706; 49
U.S.C. 44105; 49 U.S.C. 44106; 49 U.S.C. 44111; 49 U.S.C. 44701 to
44717; 49 U.S.C. 44722; 49 U.S.C. 44901; 49 U.S.C. 44903; 49 U.S.C.
44904; 49 U.S.C. 44906; 49 U.S.C. 44912; 49 U.S.C. 44914; 49 U.S.C.
44936; 49 U.S.C. 44938; 49 U.S.C. 45101 to 45105; 49 U.S.C. 46103
Abstract: This rulemaking would require a flightcrew member who is
employed by an air carrier conducting operations under part 135, and
who accepts an additional assignment for flying under part 91 from the
air carrier or from any other air carrier conducting operations under
part 121 or 135, to apply the period of the additional assignment
toward any limitation applicable to the flightcrew member relating to
duty periods or flight times under part 135.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 06/00/16
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
[[Page 78012]]
Agency Contact: Dale Roberts, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW., Washington, DC
20591, Phone: 202 267-5749, Email: [email protected].
RIN: 2120-AK26
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Proposed Rule Stage
338. +Airport Safety Management System
Regulatory Plan: This entry is Seq. No. 87 in part II of this issue
of the Federal Register.
RIN: 2120-AJ38
339. +Applying the Flight, Duty, and Rest Requirements to Ferry Flights
That Follow Domestic, Flag, or Supplemental All-Cargo Operations
(Reauthorization)
Legal Authority: 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. 44101; 49 U.S.C. 44701; 49 U.S.C.
44702; 49 U.S.C. 44705; 49 U.S.C. 44709 to 44711; 49 U.S.C. 44713; 49
U.S.C. 44716; 49 U.S.C. 44717
Abstract: This rulemaking would require a flightcrew member who
accepts an additional assignment for flying under part 91 from the air
carrier or from any other air carrier conducting operations under part
121 or 135 of such title, to apply the period of the additional
assignment toward any limitation applicable to the flightcrew member
relating to duty periods or flight times. This rule is necessary as it
will make part 121 flight, duty, and rest limits applicable to tail-end
ferries that follow an all-cargo flight.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/16
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dale Roberts, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW., Washington, DC
20591, Phone: 202 267-5749, Email: [email protected].
RIN: 2120-AK22
340. +Revision of Airworthiness Standards for Normal, Utility,
Acrobatic, and Commuter Category Airplanes
Regulatory Plan: This entry is Seq. No. 89 in part II of this issue
of the Federal Register.
RIN: 2120-AK65
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Final Rule Stage
341. +Operation and Certification of Small Unmanned Aircraft Systems
Regulatory Plan: This entry is Seq. No. 90 in part II of this issue
of the Federal Register.
RIN: 2120-AJ60
342. Changing the Collective Risk Limits for Launches and Reentries and
Clarifying the Risk Limit Used To Establish Hazard Areas for Ships and
Aircraft
Legal Authority: 51 U.S.C. 50901 to 50923
Abstract: This rulemaking would revise the collective risk limits
for commercial launches and reentries. With this rulemaking, the FAA
would separate its expected-number-of-casualties limits for launches
and reentries. For commercial launches, the FAA would aggregate the
expected-number-of-casualties posed by the following hazards: (1)
Impacting inert and explosive debris, (2) toxic release, and (3) far
field blast overpressure to one times ten to the minus four. This
rulemaking would also clarify the regulatory requirements concerning
hazard areas for ships and aircraft.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/21/14 79 FR 42241
NPRM Comment Period End............. 10/20/14
Final Rule.......................... 06/00/16
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Rene Rey, Licensing and Safety Division, Office of
Commercial Space, Department of Transportation, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20590,
Phone: 202 267-7538, Email: [email protected].
RIN: 2120-AK06
343. 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................................ 07/10/14 79 FR 39461
NPRM Comment Period Extended........ 09/16/14 79 FR 55407
NPRM Comment Period End............. 10/08/14
Comment Period Extended............. 01/06/15
Final Rule.......................... 03/00/16
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Larry McDonald, Department of Transportation,
Federal Aviation Administration, PO Box 20636, Atlanta, GA 30320,
Phone: 404-474-5620, Email: [email protected].
RIN: 2120-AK08
344. Acceptance Criteria for Portable Oxygen Concentrators Used Onboard
Aircraft (RRR)
Legal Authority: 49 U.S.C. 106(f); 49 U.S.C. 106(g); 49 U.S.C.
1155; 49 U.S.C. 40103; 49 U.S.C. 40105; 49 U.S.C. 40109; 49 U.S.C.
40113; 49 U.S.C. 40119; 49 U.S.C. 40120; 49 U.S.C. 41706; 49 U.S.C.
44101; 49 U.S.C. 44110; 49 U.S.C. 44111; 49 U.S.C. 44502; 49 U.S.C.
44701; 49 U.S.C. 44702; 49 U.S.C. 44704; 49 U.S.C. 44705; 49 U.S.C.
44709 to 44713; 49 U.S.C. 44715 to 44717; 49 U.S.C. 44722;
[[Page 78013]]
49 U.S.C. 45101 to 45105; 49 U.S.C. 46102; 49 U.S.C. 46105; 49 U.S.C.
46306; 49 U.S.C. 46315; 49 U.S.C. 46316; 49 U.S.C. 46504; 49 U.S.C.
46506; 49 U.S.C. 46507; 49 U.S.C. 47122; 49 U.S.C. 47508; 49 U.S.C.
47528 to 47531; 61 Stat. 1180--articles 12 and 29
Abstract: This rulemaking would establish FAA acceptance criteria
for portable oxygen concentrators (POC) used by passengers in air
carrier operations, commercial operations, and certain other operations
using large aircraft. To identify POCs that satisfy the FAA acceptance
criteria, POC manufacturers will affix a label on the exterior of the
device. With the establishment of POC acceptance criteria, the FAA will
discontinue the use of Special Federal Aviation Regulation (SFAR) No.
106 (``the SFAR''), removing it from title 14, of the Code of Federal
Regulations (14 CFR) parts 121, 125, and 135. POCs currently identified
in the SFAR will continue to be identified in the regulatory text of
the final rule as approved for use on aircraft and will not require a
label prior to use.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/19/14 79 FR 56288
NPRM Comment Period End............. 11/18/14
Final Rule.......................... 01/00/16
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Denise K Deaderick, Air Transportation Division,
Department of Transportation, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591, Phone: 202 267-8166,
Email: [email protected].
RIN: 2120-AK32
345. Reciprocal Waivers of Claims for Licensed or Permitted Launch and
Reentry Activities (RRR)
Legal Authority: 49 U.S.C. 322; 51 U.S.C. 50910 to 50923
Abstract: This rulemaking would extend the waiver of claims for all
the customers involved in a launch or reentry, amend the requirement
describing which entities are required to sign the statutorily-mandated
waiver of claims, and add a new waiver template for the customer's use.
This rulemaking would ease the administrative burden on the customers,
licensees, permittees, and the FAA, especially when a new customer is
added only a short time before the scheduled launch or reentry.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/13/15 80 FR 2015
NPRM Comment Period End............. 03/16/15
NPRM Comment Period Reopened........ 06/15/15 80 FR 34110
Comment Period End.................. 07/15/15
Final Rule.......................... 05/00/16
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Shirley McBride, Department of Transportation,
Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591, Phone: 202 267-7470, Email:
[email protected].
RIN: 2120-AK44
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Long-Term Actions
346. +Requirements To File Notice of Construction of
Meteorological Evaluation Towers and Other Renewable Energy Projects
(Section 610 Review)
Legal Authority: 49 U.S.C. 40103
Abstract: This rulemaking would add specific requirements for
proponents who wish to construct meteorological evaluation towers and
other renewable energy projects at or above 100 feet, technologies, to
file notice with the FAA of proposal prior to construction.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/00/17
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: David Maddox, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW., Washington, DC
20591, Phone: 202 267-7414, Email: [email protected].
RIN: 2120-AK77
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Completed Actions
347. +Prohibition Against Certain Flights Within the Baghdad (ORBB)
Flight Information Region (FIR) Amendment
Legal Authority: 126 Stat. 11; 49 U.S.C. 106(f); 49 U.S.C. 106(g);
49 U.S.C. 1155; 49 U.S.C. 40101; 49 U.S.C. 40103; 49 U.S.C. 40105; 49
U.S.C. 40113; 49 U.S.C. 40120; 49 U.S.C. 44101; 49 U.S.C. 44111; 49
U.S.C. 44701; 49 U.S.C. 44704; 49 U.S.C. 44709; 49 U.S.C. 44711; 49
U.S.C. 44712; 49 U.S.C. 44715; 49 U.S.C. 44716; 49 U.S.C. 44717; 49
U.S.C. 44722; 49 U.S.C. 46306; 49 U.S.C. 46315; 49 U.S.C. 46316; 49
U.S.C. 46504; 49 U.S.C. 46506; 49 U.S.C. 46507; 49 U.S.C. 47122; 49
U.S.C. 47508; 49 U.S.C. 47528 to 47531; 49 U.S.C. 47534; 61 Stat. 1180
Abstract: This action amends Special Federal Aviation Regulation
(SFAR) No. 77, section 91.1605, Prohibition Against Certain Flights
Within the Territory and Airspace of Iraq, which prohibits certain
flight operations in the territory and airspace of Iraq by all United
States (U.S.) air carriers, U.S. commercial operators, persons
exercising the privileges of a U.S. airman certificate, except when
such persons are operating a U.S. registered civil aircraft for a
foreign air carrier, and operators of U.S. registered civil aircraft,
except when such operators are foreign air carriers. On August 8, 2014,
the FAA issued a Notice-to-Airmen (NOTAM) prohibiting flight operations
in the ORBB FIR at all altitudes, subject to certain limited
exceptions, due to the armed conflict in Iraq. This amendment to SFAR
No. 77, section 91.1605, incorporates the flight prohibition set forth
in the August 8, 2014, NOTAM into the rule. The FAA is also making
technical corrections to a previously published amendment to SFAR No.
77, section 91.1605, revising the approval process for this SFAR for
other U.S. Government departments, agencies, and instrumentalities, to
make it more similar to the approval process for other recently
published flight prohibition SFARs, and adding an expiration date.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Action........................ 05/11/15 80 FR 26822
Final Action Effective.............. 05/11/15
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
[[Page 78014]]
Agency Contact: Michael E Filippell, Department of Transportation,
Federal Aviation Administration, 800 Independence Ave SW., Washington,
DC 20591, Phone: 202 267-4129, Email: [email protected].
RIN: 2120-AK60
BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Motor Carrier Safety Administration (FMCSA)
Proposed Rule Stage
348. +Carrier Safety Fitness Determination
Regulatory Plan: This entry is Seq. No. 94 in part II of this issue
of the Federal Register.
RIN: 2126-AB11
349. +Entry-Level Driver Training (Section 610 Review)
Regulatory Plan: This entry is Seq. No. 95 in part II of this issue
of the Federal Register.
RIN: 2126-AB66
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Motor Carrier Safety Administration (FMCSA)
Final Rule Stage
350. +Commercial Driver's License Drug and Alcohol Clearinghouse (MAP-
21)
Regulatory Plan: This entry is Seq. No. 96 in part II of this issue
of the Federal Register.
RIN: 2126-AB18
351. +Electronic Logging Devices and Hours of Service Supporting
Documents (MAP-21) (RRR)
Legal Authority: 49 U.S.C. 31502; 31136(a); Pub. L. 103.311; 49
U.S.C. 31137(a)
Abstract: This rulemaking would establish: (1) Minimum performance
and design standards for hours-of-service (HOS) electronic logging
devices (ELDs); (2) requirements for the mandatory use of these devices
by drivers currently required to prepare HOS records of duty status
(RODS); (3) requirements concerning HOS supporting documents; and (4)
measures to address concerns about harassment resulting from the
mandatory use of ELDs.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/01/11 76 FR 5537
NPRM Comment Period End............. 02/28/11
NPRM Comment Period Extended........ 03/10/11 76 FR 13121
NPRM Comment Period Extended End.... 05/23/11
SNPRM............................... 03/28/14 79 FR 17656
SNPRM Comment Period End............ 05/27/14
Final Rule.......................... 11/00/15
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Brian Routhier, Department of Transportation,
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue
SE., Washington, DC 20590, Phone: 202 366-1225, Email:
[email protected].
RIN: 2126-AB20
DEPARTMENT OF TRANSPORTATION (DOT)
Completed Actions
Federal Motor Carrier Safety Administration (FMCSA)
352. +Lease and Interchange of Vehicles; Motor Carriers of Passengers
Legal Authority: 49 U.S.C. 13301; 49 U.S.C. 31136; 49 U.S.C. 31502
Abstract: This rule would adopt regulations governing the lease and
interchange of passenger-carrying commercial motor vehicles (CMVs) to:
(1) Identify the motor carrier operating a passenger-carrying CMV and
responsible for compliance with the Federal Motor Carrier Safety
Regulations (FMCSRs) and all other applicable Federal regulations; and
(2) ensure that a lessor surrenders control of the CMV for the full
term of the lease or temporary exchange of CMVs and drivers. 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 enable the FMCSA, the National
Transportation Safety Board (NTSB), and our Federal and State partners
to identify motor carriers transporting passengers in interstate
commerce and correctly assign responsibility to these entities for
regulatory violations during inspections, compliance investigations,
and crash studies. It also would provide the general public with the
means to identify the responsible motor carrier at the time of
transportation. While detailed lease and interchange regulations for
cargo-carrying vehicles have been in effect since 1950, this final rule
for passenger-carrying CMVs is focused entirely on operational safety.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/20/13 78 FR 57822
NPRM Comment Period End............. 11/19/13
Final Rule.......................... 05/27/15 80 FR 30164
Final Rule Effective................ 06/27/15
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Peter Chandler, Department of Transportation,
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue
SE., Washington, DC 20590, Phone: 202 366-5763, Email:
[email protected].
RIN: 2126-AB44
BILLING CODE 4910-EX-P
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Railroad Administration (FRA)
Proposed Rule Stage
353. +Passenger Equipment Safety Standards Amendments
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................................ 02/00/16
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kathryn Shelton, Trial Attorney, Department of
Transportation, Federal Railroad Administration, 1200 New Jersey Avenue
SE., Washington, DC 20590, Phone: 202 493-6063, Email:
[email protected].
RIN: 2130-AC46
354. +Train Crew Staffing and Location
Legal Authority: 28 U.S.C. 2461, note; 49 CFR 1.89; 49 U.S.C.
20103; 49 U.S.C.
[[Page 78015]]
20107; 49 U.S.C. 21301 and 21302; 49 U.S.C. 21304
Abstract: This rulemaking would add minimum requirements for the
size of different train crew staffs depending on the type of operation.
The minimum crew staffing requirements would reflect the safety risks
posed to railroad employees, the general public, and the environment.
This rulemaking would also establish minimum requirements for the roles
and responsibilities of the second train crew member on a moving train,
and promote safe and effective teamwork. Additionally, this rulemaking
would permit a railroad to submit information to FRA and seek approval
if it wants to continue an existing operation with a one-person train
crew or start up an operation with less than two crew members.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/15
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kathryn Shelton, Trial Attorney, Department of
Transportation, Federal Railroad Administration, 1200 New Jersey Avenue
SE., Washington, DC 20590, Phone: 202 493-6063, Email:
[email protected].
RIN: 2130-AC48
BILLING CODE 4910-06-P
DEPARTMENT OF TRANSPORTATION (DOT)
Pipeline and Hazardous Materials Safety Administration (PHMSA)
Proposed Rule Stage
355. +Pipeline Safety: Safety of On-Shore Liquid Hazardous Pipelines
Regulatory Plan: This entry is Seq. No. 101 in part II of this
issue of the Federal Register.
RIN: 2137-AE66
356. +Pipeline Safety: Amendments to Parts 192 and 195 To Require Valve
Installation and Minimum Rupture Detection Standards
Legal Authority: 49 U.S.C. 60101 et seq.et seq.
Abstract: This rule would propose installation of automatic shutoff
valves, remote controlled valves, or equivalent technology and
establish performance based meaningful metrics for rupture detection
for gas and liquid transmission pipelines. The overall intent is that
rupture detection metrics will be integrated with ASV and RCV placement
with the objective of improving overall incident response. Rupture
response metrics would focus on mitigating large, unsafe, uncontrolled
release events that have a greater potential consequence. The areas
proposed to be covered include High Consequence Areas (HCA) for
hazardous liquids and HCA, Class 3 and 4 for natural gas (including
could affect areas).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/00/16
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Lawrence White, Attorney-Advisor, Department of
Transportation, Pipeline and Hazardous Materials Safety Administration,
400 Seventh Street SW., Washington, DC 20590, Phone: 202 366-4400, Fax:
292 366-7041.
RIN: 2137-AF06
357. +Hazardous Materials: Oil Spill Response Plans and Information
Sharing for High-Hazard Flammable Trains
Regulatory Plan: This entry is Seq. No. 103 in part II of this
issue of the Federal Register.
RIN: 2137-AF08
DEPARTMENT OF TRANSPORTATION (DOT)
Pipeline and Hazardous Materials Safety Administration (PHMSA)
Final Rule Stage
358. 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 topics related
to the use of plastic pipe in the gas pipeline industry. These topics
include certain newer types of plastic pipe such as PE (polyethylene),
PA11 (polyamide 11), PA12 (polyamide 12), 50-year markings, design
factors, risers, incorporation by reference of certain plastic pipe
related standards, and tracking and traceability.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/21/15 80 FR 29263
NPRM Comment Period End............. 07/31/15
Final Rule.......................... 06/00/16
------------------------------------------------------------------------
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 Avenue SE.,
Washington, DC 20590, Phone: 202 366-8553, Email:
[email protected].
RIN: 2137-AE93
359. Pipeline Safety: Operator Qualification, Cost Recovery, Accident
and Incident Notification, and Other 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................................ 07/10/15 80 FR 39915
NPRM Comment Period End............. 09/08/15
Final Rule.......................... 06/00/16
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: John Gale, Director Standards and Rulemaking,
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)
Completed Actions
360. +Hazardous Materials: Enhanced Tank Car Standards and Operational
Controls for High-Hazard Flammable Trains
Legal Authority: 49 U.S.C. 5101 et seq.
Abstract: This rulemaking would amend operational requirements for
certain trains transporting a large volume of flammable materials,
provide improvements in tank car standards, and revise the general
requirements for
[[Page 78016]]
offerors to ensure proper classification and characterization of mined
gases and liquids. These new requirements are designed to lessen the
consequences of derailments involving ethanol, crude oil, and certain
trains transporting a large volume of flammable materials. The growing
reliance on trains to transport large volumes of flammable materials
poses a significant risk to life, property, and the environment. The
proposed changes also address National Transportation Safety Board
(NTSB) recommendations on accurate classification, enhanced tank cars,
rail routing, oversight, and adequate response capabilities.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 09/06/13 78 FR 54849
ANPRM Comment Period End............ 11/05/13
Comment Period Extended............. 11/05/13 78 FR 66326
Comment Period End.................. 12/05/13
NPRM................................ 08/01/14 79 FR 45015
NPRM Comment Period End............. 09/30/14
Final Rule.......................... 05/08/15 80 FR 26643
Final Rule Effective................ 07/07/15
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ben Supko, Transportation Regulations Specialist,
Department of Transportation, Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590,
Phone: 202 366-8553, Email: [email protected].
RIN: 2137-AE91
BILLING CODE 4910-60-P
DEPARTMENT OF TRANSPORTATION (DOT)
Maritime Administration (MARAD)
Proposed Rule Stage
361. +Cargo Preference
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 revise and clarify the cargo
preference regulations that have not been revised substantially since
1971. The rulemaking would also implement statutory changes, including
section 3511, Public Law 110-417, of The National Defense Authorization
Act for FY 2009, which provides enforcement authority.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/15
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Christine Gurland, Department of Transportation,
Maritime Administration, 1200 New Jersey Avenue SE., Washington, DC
20590, Phone: 202 366-5157, Email: [email protected].
RIN: 2133-AB74
[FR Doc. 2015-31008 Filed 12-14-15; 8:45 am]
BILLING CODE 4910-81-P