[Federal Register Volume 82, Number 163 (Thursday, August 24, 2017)]
[Unknown Section]
[Pages 40319-40339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17027]
[[Page 40319]]
Vol. 82
Thursday,
No. 163
August 24, 2017
Part XIII
Department of Transportation
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Semiannual Regulatory Agenda
Federal Register / Vol. 82 , No. 163 / Thursday, August 24, 2017 /
Unified Agenda
[[Page 40320]]
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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: Unified agenda of Federal regulatory and deregulatory actions
(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.
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.
On January 30, 2017, President Trump issued E.O. 13771, ``Reducing
Regulation and Controlling Regulatory Costs,'' 82 FR 9339 (January 30,
2017), which establishes principles for prioritizing an agency's
regulatory and deregulatory actions. E.O. 13771 was shortly followed by
E.O. 13777, ``Enforcing the Regulatory Agenda,'' 82 FR 12285 (February
24, 2017), which identified processes for agencies to follow in
overseeing their regulatory programs. This Agenda was prepared in
accordance with both E.O. 13771 and E.O. 13777, and the Department will
continue to work internally, as well as with the Office of Management
and Budget, to fully implement their principles into our rulemaking
processes.
As part of our ongoing regulatory effort, the Department will
likely revisit a number of proposed and final rulemakings to further
streamline project delivery and reduce unnecessary administrative
burdens; safety, however, will continue to be a priority. That's why we
must ensure that regulatory decisions are rooted in analysis derived
from sound science and data. They should also include risk-based
analysis that prevents accidents before they happen, and considers the
costs and benefits of new rulemakings.
As new automated technologies are rapidly advancing, they carry
with them the potential to dramatically change commercial
transportation and private travel, expanding access for millions and
improving safety on our roads, rails, and in our skies. We are
committed to ensuring the safe integration of these technologies into
our transportation system.
We remain mindful, though, that infrastructure is the required
underpinning of our country's world-class economy, so we will remain
vigilant for opportunities where regulatory action can help strengthen
and modernize our infrastructure.
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
[[Page 40321]]
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 March 2, 2017,
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 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.
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: March 22, 2017.
Elaine L. Chao,
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
[[Page 40322]]
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--Elliott Gillooly, Office of Chief Counsel, 1200 New Jersey
Avenue SE., Washington, DC 20590; telephone (202) 493-6047.
FTA--Chaya Koffman, Office of Chief Counsel, 1200 New Jersey Avenue
SE., Washington, DC 20590; telephone (202) 366-3101.
SLSDC--Carrie Mann Lavigne, Chief Counsel, 180 Andrews Street,
Massena, NY 13662; telephone (315) 764-3200.
PHMSA--Stephen Gordon, Office of Chief Counsel, 1200 New Jersey
Avenue SE., Washington, DC 20590; telephone (202) 366-1101.
MARAD--Gabriel Chavez, Office of Chief Counsel, Maritime
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone (202) 366-2621.
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
E.O. 12866, ``Regulatory Planning and Review,'' E.O. 13563, ``Improving
Regulation and Regulatory Review,'' 76 FR 3821 (January 18, 2011), E.O.
13771 ``Reducing Regulation and Controlling Regulatory Costs,'' E.O.
13777, ``Enforcing the Regulatory Agenda,'' and section 610 of the
Regulatory Flexibility Act to conduct such reviews. This includes the
designation of a Regulatory Reform Officer, the establishment of a
Regulatory Reform Task Force, and the use of plain language techniques
in new rules and considering its use in existing rules when we have the
opportunity and resources to revise them. We are committed to
continuing our reviews of existing rules and, if it is needed, will
initiate rulemaking actions based on these reviews.
Section 610 Review Plan
Section 610 requires that we conduct reviews of rules that: (1)
Have been published within the last 10 years, and (2) have a
``significant economic impact on a substantial number of small
entities'' (SEIOSNOSE). It also requires that we publish in the Federal
Register each year a list of any such rules that we will review during
the next year. The Office of the Secretary and each of the Department's
Operating Administrations have a 10-year review plan. These reviews
comply with 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
[[Page 40323]]
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.
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 9 (2016) List of Rules That Will Be Analyzed During the Next Year
49 CFR part 17--Intergovernmental review of Department of
Transportation programs and activities
49 CFR part 20--New restrictions on lobbying
49 CFR part 21--Nondiscrimination In Federally-Assisted Programs of the
Department of Transportation--Effectuation of Title VI of the Civil
Rights Act Of 1964
49 CFR part 22--Short-Term Lending Program (STLP)
49 CFR part 23--Participation of Disadvantaged Business Enterprise in
Airport Concessions
49 CFR part 24--Uniform Relocation Assistance And Real Property
Acquisition For Federal And Federally-Assisted Programs
49 CFR part 25--Nondiscrimination On The Basis Of Sex in Education
Programs or Activities Receiving Federal Financial Assistance
49 CFR part 26--Participation by Disadvantaged Business Enterprises in
Department of Transportation Financial Assistance Programs
49 CFR part 27--Nondiscrimination On The Basis Of Disability in
Programs or Activities Receiving Federal Financial Assistance
49 CFR part 28--Enforcement of Nondiscrimination on the Basis of
Handicap in Programs or Activities Conducted by the Department of
Transportation
Year 8 (2015) List of Rules With Ongoing Analysis
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 --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
[[Page 40324]]
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
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 and Other Reviews
Section 610 Review Plan
The Federal Aviation Administration (FAA) has elected to use the
two-step, two-year process used by most Department of Transportation
(DOT) modes in past plans. As such, the FAA has divided its rules into
10 groups as displayed in the table below. During the first year (the
``analysis year''), all rules published during the previous 10 years
within a 10% block of the regulations will be analyzed to identify
those with a significant economic impact on a substantial number of
small entities (SEISNOSE). During the second year (the ``review
year''), each rule identified in the analysis year as having a SEISNOSE
will be reviewed in accordance with Section 610(b) to determine if it
should be continued without change or changed to minimize impact on
small entities. Results of those reviews will be published in the DOT
Semiannual Regulatory Agenda.
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
Background on the Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 as amended (RFA), sections
601 through 612 of Title 5, United States Code (5 U.S.C.)) requires
Federal regulatory agencies to analyze all proposed and final rules to
determine their economic impact on small entities, which includes small
businesses, small organizations, and small governmental jurisdictions.
The primary purpose of the RFA is to establish as a principle of
regulatory issuance that Federal agencies endeavor, consistent with the
objectives of the rule and applicable statutes, to fit regulatory and
informational requirements to the scale of entities subject to the
regulation. The FAA performed the required RFA analyses of each final
rulemaking action
[[Page 40325]]
and amendment it has initiated since enactment of the RFA in 1980.
Section 610 of 5 U.S.C. requires government agencies to
periodically review all regulations that will have a SEISNOSE. The FAA
must analyze each rule within 10 years of its publication date.
Defining SEISNOSE
The RFA does not define ``significant economic impact.'' Therefore,
there is no clear rule or number to determine when a significant
economic impact occurs. However, the Small Business Administration
(SBA) states that significance should be determined by considering the
size of the business, the size of the competitor's business, and the
impact the same regulation has on larger competitors.
Likewise, the RFA does not define ``substantial number.'' However,
the legislative history of the RFA suggests that a substantial number
must be at least one but does not need to be an overwhelming percentage
such as more than half. The SBA states that the substantiality of the
number of small businesses affected should be determined on an
industry-specific basis.
This analysis consisted of the following three steps:
Review of the number of small entities affected by the
amendments to parts 91 through 105.
Identification and analysis of all amendments to parts 91
through 105 since 2006 to determine whether any still have or now have
a SEISNOSE.
Review of the FAA Office of Aviation Policy, and Plans
regulatory flexibility assessment of each amendment performed as
required by the RFA.
Year 10 (2017) List of Rules To Be Analyzed During the Next Year
14 CFR part 417--Launch Safety
14 CFR part 420--License to Operate a Launch Site
14 CFR part 431--Launch and Reentry of a Reusable Launch Vehicle (RLV)
14 CFR part 433--License to Operate a Reentry Site
14 CFR part 43--Reentry of a Reentry Vehicle Other Than a Reusable
Launch Vehicle (RLV)
14 CFR part 437--Experimental Permits
14 CFR part 440--Financial Responsibility
14 CFR part 460--Human Space Flight Requirements
Year 9 (2016) List of Rules Analyzed and Summary of Results
14 CFR part 9--General Operating and Flight Rules
Section 610: The agency conducted a Section 610 review of
this part and found Amendment 91-314, 75 FR 30193, May 28, 2010;
Amendment 91-314, 75 FR 30193, May 28, 2010; and Amendment 91-330, 79
FR 9972, Feb. 21, 2014 trigger SEISNOSE within the meaning of the RFA.
General: No changes are needed. The FAA has considered a
number of alternatives in attempts to lower compliance costs for small
entities, but could not go forward with the lower cost alternatives
without compromising the safety for the industry.
14 CFR part 93--Special Air Traffic Rules
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.
14 CFR part 95--IFR Altitudes
Section 610: The agency conducted a Section 610 review of
this part and found there were no amendments since 2016. Therefore,
part 99 does not trigger SEISNOSE.
General: No changes are needed.
14 CFR part 97--Standard Instrument Procedures
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.
14 CFR part 99--Security Control of Air Traffic
Section 610: The agency conducted a Section 610 review of
this part and found there were no amendments since 2016. Therefore,
part 99 does not trigger SEISNOSE.
General: No changes are needed.
14 CFR part 101--Moored Balloons, Kites, Amateur Rockets and Unmanned
Free Balloons
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.
14 CFR part 103--Ultralight Vehicles
Section 610: The agency conducted a Section 610 review of
this part and found there were no amendments since 2016. Therefore,
part 99 does not trigger SEISNOSE.
General: No changes are needed.
14 CFR part 105--Parachute Operations
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.
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
[[Page 40326]]
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 8 (Fall 2015) List of Rules Analyzed and a Summary of Results
23 CFR part 940--Intelligent Transportation System Architecture and
Standards
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 950--Electronic Toll Collection
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 970--National Park Service Management Systems
Section 610: No SEIOSNOSE. No small entities are affected
General: No changes are needed. These regulations are cost
effective and impose the least burden. FHWA's plain language review of
these rules indicates no need for substantial revision.
23 CFR part 971--Forest Service Management Systems
Section 610: No SEIOSNOSE. No small entities are affected
General: No changes are needed. These regulations are cost
effective and impose the least burden. FHWA's plain language review of
these rules indicates no need for substantial revision.
23 CFR part 972--Fish and Wildlife Service Management Systems
Section 610: No SEIOSNOSE. No small entities are affected
General: No changes are needed. These regulations are cost
effective and impose the least burden. FHWA's plain language review of
these rules indicates no need for substantial revision.
23 CFR part 973--Management Systems Pertaining to the Bureau of Indian
Affairs and the Indian Reservation Roads Program
Section 610: No SEIOSNOSE. No small entities are affected
General: No changes are needed. These regulations are cost
effective and impose the least burden. FHWA's plain language review of
these rules indicates no need for substantial revision.
Year 9 (Fall 2016) List of Rules That Will Be Analyzed During the Next
Year
23 CFR part 1200--Uniform Procedures for State Highway Safety Grant
Programs
23 CFR part 1208--National Minimum Drinking Age
23 CFR part 1210--Operation of Motor Vehicles by Intoxicated Minors
23 CFR part 1215--Use of Safety Belts--Compliance and Transfer-of-funds
Procedures
23 CFR part 1225--Operation of Motor Vehicles by Intoxicated Persons
23 CFR part 1235--Uniform System for Parking for Persons with
Disabilities
23 CFR part 1240--Safety Incentive Grants for Use of Seat Belts--
Allocations Based on Seat Belt Use Rates
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 7 (Fall 2014) List of Rules With Ongoing Analysis
49 CFR part 356--Motor Carrier Routing Regulations
Section 610: There is no SEIOSNOSE. FMCSA requires for-
hire interstate carriers to pay a single $300 registration fee (49 CFR
part 365); making the process of paying by the route obsolete.
General: These regulations are cost effective and impose
the least burden. The commercial routes discussed in this rule have
been eclipsed by the advent of the Unified Carrier Registration (UCR)
and the International Registration Plan (IRP). It is our opinion that
49 CFR part 356 is obsolete and should be removed in its entirety.
49 CFR part 367--Standards for Registration With States
Section 610: There is no SEIOSNOSE. This action is not
economically significant. All costs associated with this rule are
required pursuant to an explicit Congressional mandate in Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (SAFETEA-LU). Also, a majority of the fees under the current
rule replace fees that were paid under the Single State Registration
System (SSRS). Much of the revenue collected by the new fees would have
been collected under SSRS from the same entities.
General: These regulations are cost effective and impose
the least burden. FMCSA's plain language review of these rules
indicates no need for substantial revision.
49 CFR part 369--Reports of Motor Carriers
Section 610: There is no SEIOSNOSE. This rule requires the
reporting of principally financial data and it impacts only a small
percentage of larger motor carriers (class I and class II carriers).
General: These regulations are cost effective and impose
the least burden to carriers. It is our opinion that the rule is
obsolete and should be removed in its entirety. However, Congressional
action to modify the statute is required and has not been granted to
eliminate
[[Page 40327]]
this regulation.
49 CFR part 370--Principles and Practices for the Investigation and
Voluntary Disposition of Loss and Damage Claims and Processing Salvage
Section 610: There is no SEIOSNOSE, largely due to the
fact that compliance with the rule is required by contract law and
prudent commercial business practices.
General: These regulations are cost effective and impose
the least burden. This rule offers guidance on the business approach to
deal with claims made against carriers for loss or damage of property.
It is our opinion that the 49 CFR part 370 is obsolete in that it
serves no discernible safety function. The requirement to follow and
comply with the terms of Bills of Lading contracts are already captured
by other laws.
49 CFR part 371--Brokers of Property
Section 610: There is no SEIOSNOSE. The potential costs
identified in the Agency's worst case analysis are minimal, and
represent costs that the vast majority of Brokers should already be
incurring.
General: This rule prescribes rules for brokers of
property. Comments received during the rulemaking process indicate that
some level of regulation is appropriate and should be retained.
49 CFR part 372 (subparts B and C)--Exemptions, Commercial Zones and
Terminal Areas
Section 610: There is no SEIOSNOSE. FMCSA requires for-
hire interstate carriers to pay a single $300 registration fee (49 CFR
part 365). The process addressed under 49 CFR part 372 identifies
exemptions and commercial zones for which registration fees may not be
required.
General: These regulations are cost effective and impose
the least burden. FMCSA's plain language review of these rules
indicates no need for substantial revision.
Year 8 (2015) List of Rules Will Ongoing Analysis
49 CFR part 373--Receipts and Bills
49 CFR part 376--Lease and Interchange of Vehicles
49 CFR part 379--Preservation of Records
Year 9 (2016) List of Rules That Will Be Analyzed During the Next Year
49 CFR part 375--Transportation of Household Goods in Interstate
Commerce; Consumer Protection Regulations
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 8 (Fall 2015) List of Rules Analyzed and a Summary of the Results
49 CFR part 571.201--Occupant Protection in Interior Impact
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 571.202--Head Restraints; Applicable at the Manufacturers
Option Until September 1, 2009
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 571.202a--Head Restraints; Mandatory Applicability Begins
on September 1, 2009
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 571.203--Impact Protection for the Driver From the Steering
Control 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 571.204--Steering Control Rearward Displacement
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 571.205--Glazing Materials
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 571.205a--Glazing Equipment Manufactured Before September
1, 2006 and Glazing Materials Used in Vehicles Manufactured Before
November 1, 2006
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 571.206--Door Locks and Door Retention Components
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 571.207--Seating Systems
[[Page 40328]]
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 571.208--Occupant Crash Protection
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 571.209--Seat Belt Assemblies
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 571.210--Seat Belt Assembly Anchorages
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 571.211--[Reserved]
49 CFR part 571.212--Windshield Mounting
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 9 (Fall 2016) List of Rules That Will Be Analyzed During the Next
Year
49 CFR part 571.214--Side Impact Protection
49 CFR part 571.215--[Reserved]
49 CFR part 571.216--Roof Crush Resistance; Applicable Unless a Vehicle
is Certified to 571.216a
49 CFR part 571.216a--Roof Crush Resistance; Upgraded Standard
49 CFR part 571.218--Motorcycle Helmets
49 CFR part 571.219--Windshield Zone Intrusion
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.
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 8 (Fall 2016) List of Rules Analyzed and a Summary of Results
49 CFR part 224--Reflectorization of Rail Freight Rolling Stock
Section 610: There is no SEIOSNOSE.
General: The regulation requires freight rolling stock
owners and railroads to have all freight rolling properly equipped with
retroreflective material within 10 years of the effective date of the
final rule for the purpose of enhancing its detectability at highway-
rail crossings. Freight rolling stock owners and railroads are also
required to periodically inspect and maintain that material. The rule
also established a 10-year implementation schedule to help facilitate
the initial application of retoreflective material to non-reflectorized
freight rolling stock. Further, the regulation prescribes standards for
the application, inspection, and maintenance of retroreflective
material on rail freight rolling. FRA's plain language review of this
rule indicates no need for revision.
49 CFR part 225--Railroad Accidents/Incidents: Reports Classification
and Investigations
Section 610: There is no SEIOSNOSE. Section 225.3
specifically states that certain Internal Control Plan and
recordkeeping requirements are not applicable to railroads below a
certain size. FRA makes available a free software package to all
railroads that would allow for FRA recordkeeping and reporting. FRA
also makes available the FRA Guide for Preparing Accident/Incident
Reports, and model Internal Control Plans for small railroads.
General: Since the FRA needs accurate information on the
hazards and risks that exist on the nation's railroads to effectively
carry out its regulatory responsibilities, to determine comparative
trends of railroad safety, and to develop hazard elimination and risk
reduction programs that focus on preventing railroad injuries and
accidents, the requirements set forth in part 225 will improve railroad
safety for industry employees and general public. FRA's plain language
review of this rule indicates no need for substantial revision.
49 CFR part 231--Railroad Safety Appliances Standards
Section 610: There is no SEIOSNOSE. Small railroads
generally purchase rail equipment that has already been used in
transportation by Class I and Class II railroads. As a result, rail
equipment used by small railroads is often in compliance with Part 231
standards at the time of acquisition. In addition, small railroads are
not substantially affected by rail equipment maintenance costs that are
associated with Part 231 requirements because most rail equipment
repairs are performed by Class I and Class II railroads and/or billed
to the car owner. Although Part 231 may have some impact on small
railroads, FRA has deemed any such impact to be necessary to ensure
uniform and consistent equipment design requirements, which contribute
to the safety of railroad employees who work on or about the rail
equipment.
General: The rule provides for railroad safety standards
which are necessary to ensure the protection
[[Page 40329]]
and safety of railroad employees and general public, and to minimize
the number of casualties. FRA's plain language review of this rule
indicates no need for substantial revision.
49 CFR part 234--Grade Crossing Safety
Section 610: There is no SEIOSNOSE. This rule does not
apply to railroads that exclusively operate freight trains only on
track which is not part of the general railroad system of
transportation, rapid transit operations within an urban area that are
not connected to the general railroad system of transportation or
railroads that operates passenger trains only on track inside insular
installations. Since small railroads have proportionately smaller
number of grade crossing warning systems to inspect, test and maintain,
therefore, smaller railroads would have a smaller burden of cost per
crossing. So far as the State Highway-Rail Grade Crossing Action Plans
are concerned, the requirements would apply to States--none of which is
small.
General: Since the rule prescribes maintenance, inspection
and testing standards for highway-rail grade crossing warning systems,
standards for the reporting of failures of such systems and minimum
actions railroads must take when such warning systems malfunction.
These regulations are necessary to ensure the protection and safety of
railroad employees and general public, and to minimize the number of
casualties. FRA's plain language review of this rule indicates no need
for substantial revision.
Year 9 (Fall 2017) List of Rule(s) That Will Be Analyzed During Next
Year
49 CFR part 222--Use of Locomotive Horns at Public Highway-Rail Grade
Crossings
49 CFR part 227--Occupational Noise Exposure
49 CFR part 235--Instructions Governing Applications for Approval of a
Discontinuance or Material Modification of a Signal System or Relief
from the Requirements of Part 236
49 CFR part 236--Rules, Standards, and Instructions Governing the
Installation, Inspection, Maintenance, and Repair of Signal and Train
Control Systems, Devices, and Appliances
49 CFR part 250--Guarantee of Certificates of Trustees of Railroads in
Reorganization
49 CFR part 260--Regulations Governing Loans and Loan Guarantees Under
the Railroad Rehabilitation and Improvement Financing Program
49 CFR part 266--Assistance to States For Local Rail Service Under
Section 5 of the Department of Transportation Act
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 8 (Fall 2015) List of Rules Analyzed and Summary of Results
49 CFR part 639--Capital Leases
Section 610: The agency has determined that the rule
continues to not have a significant effect on a substantial number of
small entities. Provisions of the recently enacted Fixing America's
Surface Transportation (FAST) Act removed the requirement for a
recipient to conduct a cost-effectiveness analysis before entering any
lease agreement using Federal capital assistance and removed the
applicability of part 639 to rolling stock procurements through capital
leases. However, other provisions of part 639 continue to apply. FTA is
currently revising the Grant Management Requirements Circular 5010, to
provide guidance to recipients for the capital lease program. FTA has
evaluated the likely effects of the proposed rule on small entities and
requested public comment on proposed revisions to Circular 5010. FTA
has determined that the proposed revisions and the current regulation
do not have a significant economic impact on a substantial number of
small entities.
General: The rule was promulgated to prescribe
requirements and procedures to procure capital assets through lease
agreements with the use of Federal capital assistance. Recently,
Congress enacted the Fixing America's Surface Transportation Act
(FAST), Public Law 114-357, (2015). The statue revised the definition
of capital project so that a recipient is no longer required to conduct
a cost-effectiveness analysis before leasing public transportation
equipment or facilities with Federal funds. In addition, the statue
exempts certain rolling stock procurements from the requirements of 49
CFR part 639. FTA has proposed revisions to Circular 5010 and requested
public comment on its proposal to conform its capital lease
requirements to the FAST Act provisions. Although, the FAST Act has
revised some requirements of this part, other provisions of the rule
continue to apply.
Year 9 (Fall 2016)--List of Rule(s) That Will Be Analyzed This Year
49 CFR part 659--Sate Safety Oversight and 49 CFR part 663--Pre-Award
and post-deliver audits of rolling stock purchases
Maritime Administration
Section 610 and Other Reviews
[[Page 40330]]
------------------------------------------------------------------------
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 Analyzed and a Summary of Results
46 CFR part 310--Merchant Marine Training
Section 610: There is no SEIONOSE.
General: Changes that are being considered require
coordination between multiple offices and Maritime educational
institutions. Our ongoing review has confirmed that the proposed rule
will not apply to small entities.
Year 7 (2014) List of Rules Analyzed and a Summary of Results
46 CFR parts 315 through 340--Subchapter 1-A--National Shipping
Authority
Section 610 review: There is no SEIOSNOSE.
General: The agency is preparing a technical final update
which will delete obsolete references, including entire parts, and will
provide new office and contact information. Our ongoing review has
confirmed that this rule will not apply to small entities.
Year 8 (2015) List of Rules Analyzed and a Summary of Results
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
Section 610 review: There is no SEIOSNOSE.
General: The agency is preparing a final rule which will
implement statutorily required updates. Our ongoing review has
confirmed that this rule will not apply to small entities.
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 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 8 (Fall 2016) List of Rules Analyzed and a Summary of Results
49 CFR part 172--Hazardous Materials Table, Special Provisions,
Hazardous Materials Communications, Emergency Response Information,
Training Requirements, and Security Plans
Section 610: There is no SEIOSNOSE. A substantial number
of small entities may be affected by this rule, but the economic impact
on those entities is not significant. Plain Language: PHMSA's plain
language review of this rule indicates no need for substantial
revision. Where confusing or wordy language has been identified,
revisions have been and will be made to simplify.
General: This rule prescribes minimum requirements for the
communication of risks associated with materials classed as hazardous
in accordance with the Hazardous Materials Regulations (HMR; 49 CFR
parts 171-180). On June 2, 2016 PHMSA published a final rule entitled
``Hazardous Materials: Miscellaneous Amendments (RRR)'' 81 FR 35483. As
this final rule clarifies provisions based on PHMSA's initiatives and
[[Page 40331]]
correspondence with the regulated community, the impact that it will
have on small entities is not expected to be significant. The changes
are generally intended to provide relief and, as a result, marginal
positive economic benefits to shippers, carriers, and packaging
manufactures and testers, including small entities. These benefits are
not at a level that can be considered economically significant.
Consequently, this final rule will not have a significant economic
impact on a substantial number of small entities. PHMSA's plain
language review of this rule indicates no need for substantial
revision.
49 CFR part 178--Specifications for Packagings
Section 610: There is no SEIOSNOSE. A substantial number
of small entities, particularly those that use performance oriented
packagings, may be affected by this rule, but the economic impact on
those entities is not significant.
General: This rule prescribes minimum Federal safety
standards for the construction of DOT specification packagings, these
requirements are necessary to protect transportation workers and the
public and to ensure the survivability of DOT specification packagings
during transportation incidents. PHMSA's plain language review of this
rule indicates no need for substantial revision.
Year 9 (Fall 2017) 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 173--Shippers--General Requirements for Shipments and
Packagings
49 CFR part 174--Carriage by Rail
49 CFR part 176--Carriage by Vessel
49 CFR part 177--Carriage by Public Highway
49 CFR part 193--Liquefied Natural Gas Faculties: Federal Safety
Standards
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--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
168....................... + Enhancing Airline 2105-AE11
Passenger Protections III.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Aviation Administration--Prerule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
169....................... + Applying the Flight, 2120-AK26
Duty, and Rest Rules of
14 CFR part 135 to Tail-
End Ferry Operations (FAA
Reauthorization).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Aviation Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
170....................... +Drug and Alcohol Testing 2120-AK09
of Certain Maintenance
Provider Employees
Located Outside of the
United States.
171....................... + Applying the Flight, 2120-AK22
Duty, and Rest
Requirements to Ferry
Flights That Follow
Domestic, Flag, or
Supplemental All-Cargo
Operations
(Reauthorization).
172....................... + Pilot Records Database 2120-AK31
(HR 5900).
173....................... + Aircraft Registration 2120-AK37
and Airmen Certification
Fees.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
[[Page 40332]]
Federal Aviation Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
174....................... + Airport Safety 2120-AJ38
Management System.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Aviation Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
175....................... + Regulation Of Flight 2120-AJ78
Operations Conducted By
Alaska Guide Pilots.
176....................... + Registration and Marking 2120-AK82
Requirements for Small
Unmanned Aircraft.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Aviation Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
177....................... + Revision of 2120-AK65
Airworthiness Standards
for Normal, Utility,
Acrobatic, and Commuter
Category Airplanes (RRR).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Motor Carrier Safety Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
178....................... Commercial Learner's 2126-AB98
Permit Validity (Section
610 Review).
------------------------------------------------------------------------
Federal Motor Carrier Safety Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
179....................... + Safety Monitoring System 2126-AA35
and Compliance Initiative
for Mexico-Domiciled
Motor Carriers Operating
in the United States.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Motor Carrier Safety Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
180....................... + Carrier Safety Fitness 2126-AB11
Determination.
181....................... + Commercial Driver's 2126-AB18
License Drug and Alcohol
Clearinghouse (MAP-21).
182....................... + Entry-Level Driver 2126-AB66
Training.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Pipeline and Hazardous Materials Safety Administration--Proposed Rule
Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
183....................... Pipeline Safety: 2137-AF06
Amendments to Parts 192
and 195 to Require Valve
Installation and Minimum
Rupture Detection
Standards.
------------------------------------------------------------------------
Pipeline and Hazardous Materials Safety Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
184....................... + Pipeline Safety: Safety 2137-AE66
of Hazardous Liquid
Pipelines.
185....................... Pipeline Safety: Issues 2137-AE93
Related to the Use of
Plastic Pipe in Gas
Pipeline Industry (RRR).
186....................... + Hazardous Materials: Oil 2137-AF08
Spill Response Plans and
Information Sharing for
High-Hazard Flammable
Trains.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
[[Page 40333]]
Pipeline and Hazardous Materials Safety Administration--Completed
Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
187....................... Pipeline Safety: Operator 2137-AE94
Qualification, Cost
Recovery, Accident and
Incident Notification,
and Other Changes (RRR).
188....................... + Hazardous Materials: 2137-AF28
Sampling and Testing
Requirements for
Unrefined Petroleum
Products.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Maritime Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
189....................... + Cargo Preference........ 2133-AB74
------------------------------------------------------------------------
+ DOT-designated significant regulation.
DEPARTMENT 0F TRANSPORTION (DOT)
Office of the Secretary (OST)
Completed Actions
168. + Enhancing Airline Passenger Protections III
Legal Authority: 49 U.S.C. 41712; 49 U.S.C. 40101; 49 U.S.C. 41702
Abstract: The rulemaking previously titled ``Airline Pricing
Transparency and Other Consumer Protection Issues'' has been separated
into three proceedings. This final rule would address the following
topics from the notice of proposed rulemaking issued on May 23, 2014:
The scope of carriers required to report service quality data,
reporting of mainline carriers' domestic code-share partner operations;
the statutory requirement that carriers and ticket agents disclose any
code-share arrangements on their Web sites; undisclosed biasing by
carriers and ticket agents in electronic displays of flight search
results; and disclosure by ticket agents of 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,
the rulemaking would correct drafting errors and make a few clarifying
changes to the Department's second Enhancing Airline Passenger
Protections rule. Two other proceedings will address other provisions
identified in the 2014 NPRM. See RIN 2105-AE56, Transparency of Airline
Ancillary Service Fees; and RIN 2105-AE57, Air Transportation Consumer
Protection Requirements for Ticket Agents. These rulemakings address
unrelated matters and were separated into three proceedings to avoid
the risk of any delay in finalizing one issue resulting in a delay in
finalizing other issues.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/23/14 79 FR 29970
Final Rule.......................... 11/03/16 81 FR 76800
Final Rule Effective................ 12/05/16
Final Rule; Extension of Compliance 03/22/17 82 FR 14604
Date.
Extension of Compliance Effective 03/22/17
Date.
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Blane A Workie, Assistant General Counsel,
Department of Transportation, Office of the Secretary, 1200 New Jersey
Avenue SE., Washington, DC 20590, Phone: 202 366-9342, TDD Phone: 202
755-7687, Fax: 202 366-7152, Email: [email protected].
RIN: 2105-AE11
BILLING CODE 4910-9X-P
DEPARTMENT OF TRANSPORTION (DOT)
Federal Aviation Administration (FAA)
Prerule Stage
169. + Applying the Flight, Duty, and Rest Rules of 14 CFR Part 135 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............................... 10/00/17
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dale Roberts, Department of Transportation, Federal
Aviation Administration, 800 Independence Ave. 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
170. + Drug and Alcohol Testing of Certain Maintenance Provider
Employees Located Outside of the United States
Legal Authority: 14 CFR; 49 U.S.C. 106(g); 49 U.S.C. 40113; 49
U.S.C. 44701; 49 U.S.C. 44702; 49 U.S.C. 44707; 49 U.S.C. 44709; 49
U.S.C. 44717
Abstract: This rulemaking is required by the FAA Modernization and
Reform 2012. It would require controlled substance testing of some
employees working in repair stations located outside the United States.
The intended
[[Page 40334]]
effect is to increase participation by companies outside of the United
States in testing of employees who perform safety critical functions
and testing standards similar to those used in the repair stations
located in the United States. This action is necessary to increase the
level of safety of the flying public. This rulemaking is required by
the FAA Modernization and Reform Act of 2012.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 03/17/14 79 FR 14621
Comment Period Extended............. 05/01/14 79 FR 24631
ANPRM Comment Period End............ 05/16/14
Comment Period End.................. 07/17/14
NPRM................................ 09/00/17
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Vicky Dunne, Department of Transportation, Federal
Aviation Administration, 800 Independence Ave. SW., Washington, DC
20591, Phone: 202-267-8522, Email: [email protected].
RIN: 2120-AK09
171. + 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................................ 09/00/17
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dale Roberts, Department of Transportation, Federal
Aviation Administration, 800 Independence Ave. SW., Washington, DC
20591, Phone: 202-267-5749, Email: [email protected].
RIN: 2120-AK22
172. + Pilot Records Database (HR 5900)
Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 1155; 49 U.S.C. 40103;
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. 44111; 49 U.S.C. 44701 to 44705; 49 U.S.C.
44709 to 44713; 49 U.S.C. 44715 to 44717; 49 U.S.C. 44722; 49 U.S.C.
45101 to 45105; 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. 46507; 49 U.S.C. 47122; 49
U.S.C. 47508; 49 U.S.C. 47528 to 47531
Abstract: This rulemaking would implement a Pilot Records Database
as required by Public Law 111-216 (Aug. 1, 2010). Section 203 amends
the Pilot Records Improvement Act by requiring the FAA to create a
pilot records database that contains various types of pilot records.
These records would be provided by the FAA, air carriers, and other
persons who employ pilots. The FAA must maintain these records until it
receives notice that a pilot is deceased. Air carriers would use this
database to perform a record check on a pilot prior to making a hiring
decision.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/17
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Bradley Palmer, Department of Transportation,
Federal Aviation Administration, 800 Independence Ave. SW., Washington,
DC 20591, Phone: 202 267-7739, Email: [email protected].
RIN: 2120-AK31
173. + Aircraft Registration and Airmen Certification Fees
Legal Authority: 31 U.S.C. 9701; 4 U.S.C. 1830; 49 U.S.C. 106(f);
49 U.S.C. 106(g); 49 U.S.C. 106(l)(6); 49 U.S.C. 40104; 49 U.S.C.
40105; 49 U.S.C. 40109; 49 U.S.C. 40113; 49 U.S.C. 40114; 49 U.S.C.
44101 to 44108; 49 U.S.C. 44110 to 44113; 49 U.S.C. 44701 to 44704; 49
U.S.C. 44707; 49 U.S.C. 44709 to 44711; 49 U.S.C. 44713; 49 U.S.C.
45102; 49 U.S.C. 45103; 49 U.S.C. 45301; 49 U.S.C. 45302; 49 U.S.C.
45305; 49 U.S.C. 46104; 49 U.S.C. 46301; Pub. L. 108-297, 118 Stat.
1095
Abstract: This rulemaking would establish fees for airman
certificates, medical certificates, and provision of legal opinions
pertaining to aircraft registration or recordation. This rulemaking
also would revise existing fees for aircraft registration, recording of
security interests in aircraft or aircraft parts, and replacement of an
airman certificate. This rulemaking addresses provisions of the FAA
Modernization and Reform Act of 2012. This rulemaking is intended to
recover the estimated costs of the various services and activities for
which fees would be established or revised.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/17
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Isra Raza, Department of Transportation, Federal
Aviation Administration, 800 Independence Ave. SW., Washington, DC
20591, Phone: 202-267-8994, Email: [email protected].
RIN: 2120-AK37
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Final Rule Stage
174. + Airport Safety Management System
Legal Authority: 49 U.S.C. 44706; 49 U.S.C. 106(g); 49 U.S.C.
40113; 49 U.S.C. 44701 to 44706; 49 U.S.C. 44709; 49 U.S.C. 44719
Abstract: This rulemaking would require certain airport certificate
holders to develop, implement, maintain, and adhere to a safety
management system (SMS) for its aviation related activities. An SMS is
a formalized approach to managing safety by developing an organization-
wide safety policy, developing formal methods of identifying hazards,
analyzing and mitigating risk, developing methods for ensuring
continuous safety improvement, and creating organization-wide safety
promotion strategies.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/07/10 75 FR 62008
NPRM Comment Period Extended........ 12/10/10 75 FR 76928
NPRM Comment Period End............. 01/05/11
End of Extended Comment Period...... 03/07/11
[[Page 40335]]
Second Extension of Comment Period.. 03/07/11 76 FR 12300
End of Second Extended Comment 07/05/11
Period.
Second NPRM......................... 07/14/16 81 FR 45871
Second NPRM Comment Period End...... 09/12/16
Final Action........................ 04/00/18
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Keri Lyons, Department of Transportation, Federal
Aviation Administration, 800 Independence Ave. SW., Washington, DC
20591, Phone: 202-267-8972, Email: [email protected].
RIN: 2120-AJ38
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Long-Term Actions
175. + Regulation of Flight Operations Conducted by Alaska Guide Pilots
Legal Authority: 49 U.S.C. 106(g) ; 49 U.S.C. 1153; 49 U.S.C. 1155;
49 U.S.C. 40101 to 40103; 49 U.S.C. 40113; 49 U.S.C. 40120; 49 U.S.C.
44101; 49 U.S.C. 44105 to 44016; 49 U.S.C. 44111; 49 U.S.C. 44701 to
44717; 49 U.S.C. 44722; 49 U.S.C. 44901; 49 U.S.C. 44903 to 44904; 49
U.S.C. 44906; 49 U.S.C. 44912; 49 U.S.C. 44914; 49 U.S.C. 44936; 49
U.S.C. 44938; 49 U.S.C. 46103; 49 U.S.C. 46105; 49 U.S.C. 46306; 49
U.S.C. 46315 to 46316; 49 U.S.C. 46504; 49 U.S.C. 46506 to 46507; 49
U.S.C. 47122; 49 U.S.C. 47508; 49 U.S.C. 47528 to 47531; Articles 12
and 29 of 61 Stat. 1180; Pub. L. 106-181, sec. 732
Abstract: The rulemaking would establish regulations concerning
Alaska guide pilot operations. The rulemaking would implement
Congressional legislation and establish additional safety requirements
for the conduct of these operations. The intended effect of this
rulemaking is to enhance the level of safety for persons and property
transported in Alaska guide pilot operations. In addition, the
rulemaking would add a general provision applicable to pilots operating
under the general operating and flight rules concerning falsification,
reproduction, and alteration of applications, logbooks, reports, or
records.
Timetable: Next Action Undetermined.
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jeff Smith, Department of Transportation, Federal
Aviation Administration, 800 Independence Ave. SW., Washington, DC
20785, Phone: 202-385-9615, Email: [email protected].
RIN: 2120-AJ78
176. + Registration and Marking Requirements for Small Unmanned
Aircraft
Legal Authority: 49 U.S.C. 106(f), 49 U.S.C. 41703, 44101 to 44106,
44110 to 44113, and 44701
Abstract: This interim final rule would establish an alternative,
stream-lined, web-based aircraft registration system for certain small
unmanned aircraft systems, to help facilitate compliance with existing
statutory obligations for aircraft registration. The alternative
process will help create a culture of accountability and ensure
responsible use of small UAS. As evidenced by the recent reports of
unsafe UAS operations, the lack of awareness of operators regarding
what must be done to operate UAS safely in the NAS, and the lack of
identification of UAS and their operators pose significant challenges
in ensuring accountability for responsible use. Without increased
awareness and knowledge of the statutory and regulatory requirements
for safe operation, the risk of unsafe UAS operations will only rise.
Aircraft registration, identification, and marking will assist the
Department in identifying owners of UAS that are operated in an unsafe
manner, so we may continue to educate these users, and when
appropriate, take enforcement action. This rulemaking is based on
public comment regarding the proposed aircraft registration process for
small UAS in the Operation and Use of Small UAS notice of proposed
rulemaking and recommendations from the UAS Registration task force.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 12/16/15 80 FR 78593
Interim Final Rule Effective........ 12/21/15
OMB approval of information 12/21/15 80 FR 79255
collection.
Interim Final Rule Comment Period 01/15/16
End.
Next Action Undetermined............
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Sara Mikolop, Department of Transportation, Federal
Aviation Administration, 800 Independence Ave. SW., Washington, DC
20591, Phone: 202-267-7776, Email: [email protected].
RIN: 2120-AK82
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Completed Actions
177. + Revision of Airworthiness Standards for Normal, Utility,
Acrobatic, and Commuter Category Airplanes (RRR)
Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 40113; 49 U.S.C.
44701; 49 U.S.C. 44702; 49 U.S.C. 44704
Abstract: This rulemaking would revise title 14, Code of Federal
Regulations (14 CFR) part 23 as a set of performance based regulations
for the design and certification of small transport category aircraft.
This rulemaking would: (1) Reorganize part 23 into performance-based
requirements by removing the detailed design requirements from part 23.
The detailed design provisions that would assist applicants in
complying with the new performance-based requirements would be
identified in means of compliance (MOC) documents to support this
effort; (2) Promote the adoption of the newly created performance-based
airworthiness design standard as an internationally accepted standard
by the majority of other civil aviation authorities; (3) Re-align the
part 23 requirements to promote the development of entry-level
airplanes similar to those certified under Certification Specification
for Very Light Aircraft (CS-VLA); (4) enhance the FAA's ability to
address new technology; (5) Increase the general aviation (GA) level of
safety provided by new and modified airplanes; (6) Amend the stall,
stall warning, and spin requirements to reduce fatal accidents and
increase crashworthiness by allowing new methods for occupant
protection; and (7) Address icing conditions that are currently not
included in part 23 regulations.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/14/16 81 FR 13452
NPRM Comment Period End............. 05/13/16
Final Rule.......................... 12/30/16 81 FR 96572
Final Rule Effective................ 08/30/17
------------------------------------------------------------------------
[[Page 40336]]
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Lowell Foster, Department of Transportation,
Federal Aviation Administration, 901 Locust St., Kansas City, MO 64106,
Phone: 816-329-4125, Email: [email protected].
RIN: 2120-AK65
BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Motor Carrier Safety Administration (FMCSA)
Proposed Rule Stage
178. Commercial Learner's Permit Validity (Section 610 Review)
Legal Authority: 49 U.S.C. 31305; 49 U.S.C. 31308
Abstract: This rulemaking would amend Commercial Driver's License
(CDL) regulations to allow a commercial learner's permit to be issued
for 1 year, without renewal, rather than for no more than 180 days with
an additional 180 day renewal. This change would reduce costs to CDL
applicants who are unable to complete the required training and testing
within the current validity period, with no expected negative safety
benefits.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/17
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Thomas Yager, Driver and Carrier Operations
Division, Department of Transportation, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590,
Phone: 202-366-4325, Email: [email protected].
RIN: 2126-AB98
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Motor Carrier Safety Administration (FMCSA)
Long-Term Actions
179. + Safety Monitoring System and Compliance Initiative for Mexico-
Domiciled Motor Carriers Operating in the United States
Legal Authority: Pub. L. 107-87, sec. 350; 49 U.S.C. 113; 49 U.S.C.
31136; 49 U.S.C. 31144; 49 U.S.C. 31502; 49 U.S.C. 504; 49 U.S.C. 5113;
49 U.S.C. 521(b)(5)(A)
Abstract: This rule would implement a safety monitoring system and
compliance initiative designed to evaluate the continuing safety
fitness of all Mexico-domiciled carriers within 18 months after
receiving a provisional Certificate of Registration or provisional
authority to operate in the United States. It also would establish
suspension and revocation procedures for provisional Certificates of
Registration and operating authority, and incorporate criteria to be
used by FMCSA in evaluating whether Mexico-domiciled carriers exercise
basic safety management controls. The interim rule included
requirements that were not proposed in the NPRM but which are necessary
to comply with the FY-2002 DOT Appropriations Act. On January 16, 2003,
the Ninth Circuit Court of Appeals remanded this rule, along with two
other NAFTA-related rules, to the agency, requiring a full
environmental impact statement and an analysis required by the Clean
Air Act. On June 7, 2004, the Supreme Court reversed the Ninth Circuit
and remanded the case, holding that FMCSA is not required to prepare
the environmental documents. FMCSA originally planned to publish a
final rule by November 28, 2003. FMCSA will determine the next steps to
be taken after the pilot program on the long haul trucking provisions
of NAFTA is completed.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/03/01 66 FR 22415
NPRM Comment Period End............. 07/02/01
Interim Final Rule.................. 03/19/02 67 FR 12758
Interim Final Rule Comment Period 04/18/02
End.
Interim Final Rule Effective........ 05/03/02
Notice of Intent To Prepare an EIS.. 08/26/03 68 FR 51322
EIS Public Scoping Meetings......... 10/08/03 68 FR 58162
Next Action Undetermined............
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dolores Macias, Acting Division Chief, Department
of Transportation, Federal Motor Carrier Safety Administration, 1200
New Jersey Ave. SE., Washington, DC 20590, Phone: 202 366-2995, Email:
[email protected].
RIN: 2126-AA35
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Motor Carrier Safety Administration (FMCSA)
Completed Actions
180. + Carrier Safety Fitness Determination
Legal Authority: 49 U.S.C. 31144; sec. 4009 of TEA-21
Abstract: FMCSA withdraws its notice of proposed rulemaking (NPRM),
which proposed a revised methodology for issuance of a safety fitness
determination (SFD) for motor carriers. The new methodology would have
determined when a motor carrier is not fit to operate commercial motor
vehicles in or affecting interstate commerce based on the carrier's on-
road safety data; an investigation; or a combination of on-road safety
data and investigation information. However, after reviewing the record
in this matter, FMCSA withdraws the NPRM. The Agency must receive the
Correlation Study from the National Academies of Science, as required
by the Fixing America's Surface Transportation Act, assess whether and,
if so, what corrective actions are advisable, and complete additional
analysis before determining whether further rulemaking action is
necessary to revise the SFD process.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/21/16 81 FR 2561
NPRM Comment Period Extended........ 03/08/16 81 FR 12062
NPRM Comment Period End............. 03/21/16
NPRM Comment Period Extended End.... 05/23/16
End of Extended Comment Period...... 06/23/16
NPRM; Notice of Withdrawal.......... 03/23/17 82 FR 14848
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: David Miller, Regulatory Development Division,
Department of Transportation, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590,
Phone: 202 366-5370, Email: [email protected].
RIN: 2126-AB11
181. + Commercial Driver's License Drug and Alcohol Clearinghouse (MAP-
21)
Legal Authority: 49 U.S.C. 31306
Abstract: This rulemaking would create a central database for
verified
[[Page 40337]]
positive controlled substances and alcohol test results for commercial
driver's license (CDL) holders and refusals by such drivers to submit
to testing. This rulemaking would require employers of CDL holders and
service agents to report positive test results and refusals to test
into the Clearinghouse. Prospective employers, acting on an application
for a CDL driver position with the applicant's written consent to
access the Clearinghouse, would query the Clearinghouse to determine if
any specific information about the driver applicant is in the
Clearinghouse before allowing the applicant to be hired and to drive
CMVs. This rulemaking is intended to increase highway safety by
ensuring CDL holders, who have tested positive or have refused to
submit to testing, have completed the U.S. DOT's return-to-duty process
before driving CMVs in interstate or intrastate commerce. It is also
intended to ensure that employers are meeting their drug and alcohol
testing responsibilities. Additionally, provisions in this rulemaking
would also be responsive to requirements of the Moving Ahead for
Progress in the 21st Century (MAP-21) Act. MAP-21 required creation of
the Clearinghouse by 10/1/14.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/20/14 79 FR 9703
NPRM Comment Period End............. 04/21/14
NPRM Comment Period Extended........ 04/22/14 79 FR 22467
NPRM Comment Period Extended End.... 04/22/14
Final Rule.......................... 12/05/16 81 FR 87686
Final Rule Effective................ 01/04/17
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Juan Moya, Department of Transportation, Federal
Motor Carrier Safety Administration, 1200 New Jersey Ave. SE.,
Washington, DC 20590, Phone: 202 366-4844, Email: [email protected].
RIN: 2126-AB18
182. + Entry-Level Driver Training
Legal Authority: 49 U.S.C. 31136
Abstract: FMCSA establishes new minimum training standards for
certain individuals applying for their commercial driver's license
(CDL) for the first time; an upgrade of their CDL (e.g., a Class B CDL
holder seeking a Class A CDL); or a hazardous materials (H), passenger
(P), or school bus (S) endorsement for the first time. These
individuals are subject to the entry-level driver training (ELDT)
requirements and must complete a prescribed program of instruction
provided by an entity that is listed on FMCSA's Training Provider
Registry (TPR). FMCSA will submit training certification information to
State driver licensing agencies (SDLAs), who may only administer CDL
skills tests to applicants for the Class A and B CDL, and/or the P or S
endorsements, or knowledge test for the H endorsement, after verifying
the information is present in the driver's record. This final rule
responds to a Congressional mandate imposed under the Moving Ahead for
Progress in the 21st Century Act (MAP-21). The rule is based on
consensus recommendations from the Agency's Entry-Level Driver Training
Advisory Committee (ELDTAC), a negotiated rulemaking committee that
held a series of meetings between February and May 2015.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/07/16 81 FR 11944
NPRM Comment Period End............. 04/06/16
Final Rule.......................... 12/08/16 81 FR 88732
Final Rule Effective................ 02/06/17
Final Rule; Delay of Effective Date. 03/21/17 82 FR 14476
Delayed Effective Date.............. 05/22/17
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Sean Gallagher, MC-PRR, Department of
Transportation, Federal Motor Carrier Safety Administration, 1200 New
Jersey Ave. SE., Washington, DC 20590, Phone: 202 366-3740, Email:
[email protected].
RIN: 2126-AB66
BILLING CODE 4910-EX-P
DEPARTMENT OF TRANSPORTATION (DOT)
Pipeline and Hazardous Materials Safety Administration (PHMSA)
Proposed Rule Stage
183. 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.
Abstract: PHMSA is proposing to revise the Pipeline Safety
Regulations applicable to natural gas transmission and hazardous liquid
pipelines to improve rupture mitigation and shorten pipeline segment
isolation times in high consequence and select non-high consequence
areas. The proposed rule defines certain pipeline events as
``ruptures'' and outlines certain performance standards related to
rupture identification and pipeline segment isolation. PHMSA also
proposes specific valve maintenance and inspection requirements, valve
spacing requirements, more guidance regarding shut-off valve risk
analysis, and 9-1-1 notification requirements to help operators achieve
better rupture response and mitigation. These proposals address
congressional mandates, incorporate recommendations from the National
Transportation Safety Board, and are necessary to reduce the serious
consequences of large-volume, uncontrolled releases of natural gas and
hazardous liquids.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/17
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Robert Jagger, Technical Writer, Department of
Transportation, Pipeline and Hazardous Materials Safety Administration,
1200 New Jersey Avenue, Washington, DC 20590, Phone: 202-366-4595,
Email: [email protected].
RIN: 2137-AF06
DEPARTMENT OF TRANSPORTATION (DOT)
Pipeline and Hazardous Materials Safety Administration (PHMSA)
Final Rule Stage
184. + Pipeline Safety: Safety of Hazardous Liquid Pipelines
Legal Authority: 49 U.S.C. 60101 et seq.
Abstract: In recent years, there have been significant hazardous
liquid pipeline accidents, most notably the 2010 crude oil spill near
Marshall, Michigan, during which almost one million gallons of crude
oil were spilled into the Kalamazoo River. In response to accident
investigation findings, incident report data and trends, and
stakeholder input, PHMSA published a Notice of Proposed Rulemaking
(NPRM) in the Federal Register on October 13, 2015. Previously,
Congress had enacted the Pipeline Safety, Regulatory Certainty, and Job
Creation Act that included several provisions that are relevant to
[[Page 40338]]
the regulation of hazardous liquid pipelines. Shortly after the
Pipeline Safety, Regulatory Certainty, and Job Creation Act was passed,
the National Transportation Safety Board (NTSB) issued its accident
investigation report on the Marshall, Michigan accident. In this
rulemaking action, PHMSA is amending the Pipeline Safety Regulations to
improve protection of the public, property, and the environment by
closing regulatory gaps where appropriate, and ensuring that operators
are increasing the detection and remediation of unsafe conditions, and
mitigating the adverse effects of hazardous liquid pipeline failures.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 10/18/10 75 FR 63774
Comment Period Extended............. 01/04/11 76 FR 303
ANPRM Comment Period End............ 01/18/11
Extended Comment Period End......... 02/18/11
NPRM................................ 10/13/15 80 FR 61610
NPRM Comment Period End............. 01/08/16
Final Rule.......................... 12/00/17
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: John A. Gale, Transportation Regulations
Specialist, Department of Transportation, Pipeline and Hazardous
Materials Safety Administration, 1200 New Jersey Avenue SE.,
Washington, DC 20590, Phone: 202-366-0434, Email: [email protected].
RIN: 2137-AE66
185. Pipeline Safety: Issues Related to the Use of Plastic Pipe in Gas
Pipeline Industry (RRR)
Legal Authority: 49 U.S.C. 60101 et seq.
Abstract: In this rule, PHMSA is amending the natural and other gas
pipeline safety regulations (49 CFR part 192) to address regulatory
requirements involving plastic piping systems used in gas services.
These amendments are intended to correct errors, address
inconsistencies, and respond to petitions for rulemaking. The
requirements in several subject matter areas are affected, including
incorporation of tracking and traceability provisions; design factor
for polyethylene (PE) pipe; more stringent mechanical fitting
requirements; updated and additional regulations for risers; expanded
use of Polyamide-11 (PA-11) thermoplastic pipe; incorporation of newer
Polyamide-12 (PA-12) thermoplastic pipe; and incorporation of updated
and additional standards for fittings.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/21/15 80 FR 29263
NPRM Comment Period End............. 07/31/15
Final Rule.......................... 12/00/17
------------------------------------------------------------------------
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
186. + Hazardous Materials: Oil Spill Response Plans and Information
Sharing for High-Hazard Flammable Trains
Legal Authority: 33 U.S.C. 1321; 49 U.S.C. 5101 et seq.
Abstract: PHMSA, in consultation with the Federal Railroad
Administration, is adopting a number of commonsense measures that will
better ensure the safety of communities living alongside railroads and
protect our environment by codifying: (1) Comprehensive Oil Spill
Response Plans (OSRPs)--Expands the applicability of comprehensive
OSRPs based on thresholds of liquid petroleum oil that apply to an
entire train consist; (2) HHFT Information Sharing Notification--
Requires railroads to share information about high-hazard flammable
train operations with state and tribal emergency response commissions
to improve community preparedness in accordance with the Fixing
America's Surface Transportation Act of 2015 (FAST Act). Section 7302
mandates PHMSA to require each Class I railroad to provide advanced
notification and information on HHFTs to each SERC, consistent with
Emergency Order DOT-OST-2014-0067. FAST Act requires HHFT notification
to SERCs by 12/4/16; and (3) Incorporation by Reference of Class 3
Packing Group Test--Incorporates by reference an initial boiling point
test for flammable liquids for better consistency with the American
National Standards Institute/American Petroleum Institute Recommend
Practices 3000, ``Classifying and Loading of Crude Oil into Rail Tank
Cars,'' First Edition, September 2014.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 08/01/14 79 FR 45079
ANPRM Comment Period End............ 09/30/14
NPRM................................ 07/29/16 81 FR 50067
NPRM Comment Period End............. 09/27/16
Final Rule.......................... 12/00/17
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Victoria Lehman, Transportation Specialist,
Department of Transportation, Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Ave. SE., Washington, DC 20590, Phone:
202-366-8553, Email: [email protected].
RIN: 2137-AF08
DEPARTMENT OF TRANSPORTATION (DOT)
Pipeline and Hazardous Materials Safety Administration (PHMSA)
Completed Actions
187. Pipeline Safety: Operator Qualification, Cost Recovery, Accident
and Incident Notification, and Other Changes (RRR)
Legal Authority: 49 U.S.C. 60101 et seq.
Abstract: PHMSA is amending the pipeline safety regulations to
address requirements of the Pipeline Safety, Regulatory Certainty, and
Job Creation Act of 2011 (2011 Act), and to update and clarify certain
regulatory requirements. Under the 2011 Act, PHMSA is adding a specific
time frame for telephonic or electronic notifications of accidents and
incidents and adding provisions for cost recovery for design reviews of
certain new projects. Among other provisions, PHMSA is adding a
procedure for renewal of expiring special permits, and for submitters
of information requesting PHMSA to keep some information confidential.
In addition, PHMSA is amending the operator qualification (OQ)
requirements, drug and alcohol testing requirements, and incorporating
consensus standards by reference for in-line inspection (ILI) and
Stress Corrosion Cracking Direct Assessment (SCCDA).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/10/15 80 FR 39916
NPRM Comment Period End............. 09/08/15
Final Rule.......................... 01/23/17 82 FR 7972
[[Page 40339]]
Final Rule Effective................ 03/24/17
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: John A. Gale, Transportation Regulations
Specialist, Department of Transportation, Pipeline and Hazardous
Materials Safety Administration, 1200 New Jersey Avenue SE.,
Washington, DC 20590, Phone: 202-366-0434, Email: [email protected].
RIN: 2137-AE94
188. + Hazardous Materials: Sampling and Testing Requirements for
Unrefined Petroleum Products
Legal Authority: 49 U.S.C. 5101 et seq.
Abstract: This rulemaking considered revising the Hazardous
Materials Regulations (HMR) to apply particular methods for conducting
vapor pressure testing and sampling of unrefined petroleum-based
products, such as petroleum crude oil. Specifically, this rulemaking
would have proposed that persons who offer unrefined petroleum-based
products for transportation, regardless of mode of transportation,
apply particular methods for conducting vapor pressure testing when
vapor pressure testing is a component of their written testing program.
However, after a thorough review of the issues, PHMSA decided to
terminate this rulemaking action.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Terminated.......................... 03/13/17
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Lad Falat, Director, Engineering and Research,
Department of Transportation, Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590,
Phone: 202 366-4545, Email: [email protected].
RIN: 2137-AF28
BILLING CODE 4910-60-P
DEPARTMENT OF TRANSPORTATION (DOT)
Maritime Administration (MARAD)
Completed Actions
189. + 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 RIN was terminated. MARAD anticipates restarting the
regulatory development process contemplated by Public Law 110-417, div.
C, title XXV 3511(c), after further consideration. Pending that, MARAD
will continue to enforce the existing cargo preference regulations,
working with all relevant Federal agencies to help achieve full
compliance with the law. We will also engage in outreach to agencies to
offer assistance in maintaining programs for cargo preference and
relationships with U.S.-flag carriers.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Terminated.......................... 02/16/17
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Mitch Hudson, Department of Transportation,
Maritime Administration, 1200 New Jersey Avenue SE., Washington, DC
20590, Phone: 202-366-9373, TDD Phone: 202-366-9373, Email:
[email protected].
RIN: 2133-AB74
[FR Doc. 2017-17027 Filed 8-23-17; 8:45 am]
BILLING CODE 4910-81-P