Department Regulatory Agenda; Semiannual Summary
Federal Register, Volume 79 Issue 114 (Friday, June 13, 2014)
Federal Register Volume 79, Number 114 (Friday, June 13, 2014)
Unknown Section
Pages 34089-34105
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2014-13127
Page 34089
Vol. 79
Friday,
No. 114
June 13, 2014
Part XIII
Department of Transportation
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Semiannual Regulatory Agenda
Page 34090
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Chs. I-III
23 CFR Chs. I-III
33 CFR Chs. I and IV
46 CFR Chs. I-III
48 CFR Ch. 12
49 CFR Subtitle A, Chs. I-VI, and Chs. X-XII
OST Docket 99-5129
Department Regulatory Agenda; Semiannual Summary
AGENCY: Office of the Secretary, DOT.
ACTION: Semiannual regulatory agenda.
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SUMMARY: The Regulatory Agenda is a semiannual summary of all current and projected rulemakings, reviews of existing regulations, and completed actions of the Department. The intent of the Agenda is to provide the public with information about the Department of Transportation's regulatory activity planned for the next 12 months. It is expected that this information will enable the public to be more aware of and allow it to more effectively participate in the Department's regulatory activity. The public is also invited to submit comments on any aspect of this Agenda.
FOR FURTHER INFORMATION CONTACT:
General
You should direct all comments and inquiries on the Agenda in general to Kathryn Sinniger, Assistant General Counsel for Regulation and Enforcement, Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590; (202) 366-4723.
Specific
You should direct all comments and inquiries on particular items in the Agenda to the individual listed for the regulation or the general rulemaking contact person for the operating administration in appendix B. Individuals who use a telecommunications device for the deaf (TDD) may call (202) 755-7687.
Table of Contents
Supplementary Information:
Background
Significant/Priority Rulemakings
Explanation of Information on the Agenda
Request for Comments
Purpose
Appendix A--Instructions for Obtaining Copies of Regulatory Documents
Appendix B--General Rulemaking Contact Persons
Appendix C--Public Rulemaking Dockets
Appendix D--Review Plans for Section 610 and Other Requirements
SUPPLEMENTARY INFORMATION:
Background
Improvement of our regulations is a prime goal of the Department of Transportation (Department or DOT). Our regulations should be clear, simple, timely, fair, reasonable, and necessary. They should not be issued without appropriate involvement of the public; once issued, they should be periodically reviewed and revised, as needed, to assure that they continue to meet the needs for which they originally were designed. To view additional information about the Department's regulatory activities online, go to http://www.dot.gov/regulations. Among other things, this Web site provides a report, updated monthly, on the status of the DOT significant rulemakings listed in the semiannual regulatory agenda.
To help the Department achieve these goals and in accordance with Executive Order (EO) 12866, ``Regulatory Planning and Review,'' (58 FR 51735; Oct. 4, 1993) and the Department's Regulatory Policies and Procedures (44 FR 11034; Feb. 26, 1979), the Department prepares a semiannual regulatory agenda. It summarizes all current and projected rulemaking, reviews of existing regulations, and completed actions of the Department. These are matters on which action has begun or is projected during the succeeding 12 months or such longer period as may be anticipated or for which action has been completed since the last Agenda.
On January 17, 2014, President Obama signed into law the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), which included language transferring the powers and duties, functions, authorities, and personnel of the Research and Innovative Technology Administration (RITA) to the Office of the Assistant Secretary for Research and Technology (OST-R) in the Office of the Secretary. Thus, the Office of the Assistant Secretary for Research and Technology is now an office within the Office of the Secretary. The bill contained language that any reference in law, regulation, judicial proceeding or elsewhere to RITA shall be deemed a reference to the OST-R. Thus, all current and future rulemaking actions related to RITA will be published using an OST-R regulatory identification number (RIN).
The Agendas are based on reports submitted by the offices initiating the rulemaking and are reviewed by the Department Regulations Council.
The Internet is the basic means for disseminating the Unified Agenda. The complete Unified Agenda is available online at www.reginfo.gov, in a format that offers users a greatly enhanced ability to obtain information from the Agenda database.
Because publication in the Federal Register is mandated for the regulatory flexibility agendas required by the Regulatory Flexibility Act (5 U.S.C. 602), DOT's printed Agenda entries include only:
1. The agency's Agenda preamble;
2. Rules that are in the agency's regulatory flexibility agenda, in accordance with the Regulatory Flexibility Act, because they are likely to have a significant economic impact on a substantial number of small entities; and
3. Any rules that the agency has identified for periodic review under section 610 of the Regulatory Flexibility Act.
Printing of these entries is limited to fields that contain information required by the Regulatory Flexibility Act's Agenda requirements. These elements are: Sequence Number; Title; Section 610 Review, if applicable; Legal Authority; Abstract; Timetable; Regulatory Flexibility Analysis Required; Agency Contact; and Regulation Identifier Number (RIN). Additional information (for detailed list, see section heading ``Explanation of Information on the Agenda'') on these entries is available in the Unified Agenda published on the Internet.
Significant/Priority Rulemakings
The Agenda covers all rules and regulations of the Department. We have classified rules as a DOT agency priority in the Agenda if they are, essentially, very costly, beneficial, controversial, or of substantial public interest under our Regulatory Policies and Procedures. All DOT agency priority rulemaking documents are subject to review by the Secretary of Transportation. If the Office of Management and Budget (OMB) decide a rule is subject to its review under Executive Order 12866, we have classified it as significant in the Agenda.
Explanation of Information on the Agenda
An Office of Management and Budget memorandum, dated February 4, 2014, requires the format for this Agenda.
First, the Agenda is divided by initiating offices. Then, the Agenda is divided into five categories: (1) Prerule
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stage, (2) proposed rule stage, (3) final rule stage, (4) long-term actions, and (5) completed actions. For each entry, the Agenda provides the following information: (1) its ``significance''; (2) a short, descriptive title; (3) its legal basis; (4) the related regulatory citation in the Code of Federal Regulations; (5) any legal deadline and, if so, for what action (e.g., NPRM, final rule); (6) an abstract; (7) a timetable, including the earliest expected date for a decision on whether to take the action; (8) whether the rulemaking will affect small entities and/or levels of Government and, if so, which categories; (9) whether a Regulatory Flexibility Act (RFA) analysis is required (for rules that would have a significant economic impact on a substantial number of small entities); (10) a listing of any analyses an office will prepare or has prepared for the action (with minor exceptions, DOT requires an economic analysis for all its rulemakings); (11) an agency contact office or official who can provide further information; (12) a Regulation Identifier Number (RIN) assigned to identify an individual rulemaking in the Agenda and facilitate tracing further action on the issue; (13) whether the action is subject to the Unfunded Mandates Reform Act; (14) whether the action is subject to the Energy Act; and (15) whether the action is major under the congressional review provisions of the Small Business Regulatory Enforcement Fairness Act. If there is information that does not fit in the other categories, it will be included under a separate heading entitled ``Additional Information.'' One such example of this is the letters ``SB,'' ``IC,'' and ``SLT.'' These refer to information used as part of our required reports on Retrospective Review of DOT rulemakings. A ``Y'' or an ``N,'' for yes and no, respectively, follow the letters to indicate whether or not a particular rulemaking would have effects on: small businesses (SB); information collections (IC); or State, local, or tribal (SLT) governments.
For nonsignificant regulations issued routinely and frequently as a part of an established body of technical requirements (such as the Federal Aviation Administration's Airspace Rules), to keep those requirements operationally current, we only include the general category of the regulations, the identity of a contact office or official, and an indication of the expected number of regulations; we do not list individual regulations.
In the ``Timetable'' column, we use abbreviations to indicate the particular documents being considered. ANPRM stands for Advance Notice of Proposed Rulemaking, SNPRM for Supplemental Notice of Proposed Rulemaking, and NPRM for Notice of Proposed Rulemaking. Listing a future date in this column does not mean we have made a decision to issue a document; it is the earliest date on which we expect to make a decision on whether to issue it. In addition, these dates are based on current schedules. Information received subsequent to the issuance of this Agenda could result in a decision not to take regulatory action or in changes to proposed publication dates. For example, the need for further evaluation could result in a later publication date; evidence of a greater need for the regulation could result in an earlier publication date.
Finally, a dot ( ) preceding an entry indicates that the entry appears in the Agenda for the first time.
Request for Comments
General
Our agenda is intended primarily for the use of the public. Since its inception, we have made modifications and refinements that we believe provide the public with more helpful information, as well as make the Agenda easier to use. We would like you, the public, to make suggestions or comments on how the Agenda could be further improved.
Reviews
We also seek your suggestions on which of our existing regulations you believe need to be reviewed to determine whether they should be revised or revoked. We particularly draw your attention to the Department's review plan in appendix D. In response to Executive Order 13563 ``Retrospective Review and Analysis of Existing Rules,'' we have prepared a retrospective review plan providing more detail on the process we use to conduct reviews of existing rules, including changes in response to Executive Order 13563. We provided the public opportunities to comment at www.regulations.gov and Idea Scale on both our process and any existing DOT rules the public thought needed review. The plan and the results of our review can be found at http://www.dot.gov/regulations and http://www.dot.gov/mission/open/open-government.
Regulatory Flexibility Act
The Department is especially interested in obtaining information on requirements that have a ``significant economic impact on a substantial number of small entities'' and, therefore, must be reviewed under the Regulatory Flexibility Act. If you have any suggested regulations, please submit them to us, along with your explanation of why they should be reviewed.
In accordance with the Regulatory Flexibility Act, comments are specifically invited on regulations that we have targeted for review under section 610 of the Act. The phrase (sec. 610 Review) appears at the end of the title for these reviews. Please see appendix D for the Department's section 610 review plans.
Consultation With State, Local, and Tribal Governments
Executive Orders 13132 and 13175 require us to develop an accountable process to ensure ``meaningful and timely input'' by State, local, and tribal officials in the development of regulatory policies that have federalism or tribal implications. These policies are defined in the Executive Orders to include regulations that have ``substantial direct effects'' on States or Indian tribes, on the relationship between the Federal Government and them, or on the distribution of power and responsibilities between the Federal Government and various levels of Government or Indian tribes. Therefore, we encourage State and local Governments or Indian tribes to provide us with information about how the Department's rulemakings impact them.
Purpose
The Department is publishing this regulatory Agenda in the Federal Register to share with interested members of the public the Department's preliminary expectations regarding its future regulatory actions. This should enable the public to be more aware of the Department's regulatory activity and should result in more effective public participation. This publication in the Federal Register does not impose any binding obligation on the Department or any of the offices within the Department with regard to any specific item on the Agenda. Regulatory action, in addition to the items listed, is not precluded.
Dated: February 25, 2014.
Anthony R. Foxx,
Secretary of Transportation.
Appendix A--Instructions for Obtaining Copies of Regulatory Documents
To obtain a copy of a specific regulatory document in the Agenda, you should communicate directly with the contact person listed with the regulation at the address below. We note that most, if not all, such documents, including the Semiannual Regulatory Agenda, are available through the Internet at http://www.regulations.gov. See appendix C for more information.
(Name of contact person), (Name of the DOT agency), 1200 New Jersey Avenue SE.,
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Washington, DC 20590. (For the Federal Aviation Administration, substitute the following address: Office of Rulemaking, ARM-1, 800 Independence Avenue SW., Washington, DC 20591).
Appendix B--General Rulemaking Contact Persons
The following is a list of persons who can be contacted within the Department for general information concerning the rulemaking process within the various operating administrations.
FAA--Mark Bury, Chief Counsel, International Law, Legislation and Regulations Division, 800 Independence Avenue SW., Room 915A, Washington, DC 20591; telephone (202) 267-3110.
FHWA--Jennifer Outhouse, Office of Chief Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-0761.
FMCSA--Steven J. LaFreniere, Regulatory Ombudsman, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-0596.
NHTSA--Steve Wood, Office of Chief Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-2992.
FRA--Kathryn Shelton, Office of Chief Counsel, 1200 New Jersey Avenue SE., Room W31-214, Washington, DC 20590; telephone (202) 493-
6063.
FTA--Bonnie Graves, Office of Chief Counsel, 1200 New Jersey Avenue SE., Room E56-308, Washington, DC 20590; telephone (202) 366-
0675.
SLSDC--Carrie Mann Lavigne, Chief Counsel, 180 Andrews Street, Massena, NY 13662; telephone (315) 764-3200.
PHMSA--Karin Christian, Office of Chief Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-4400.
MARAD--Christine Gurland, Office of Chief Counsel, Maritime Administration, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-5157.
OST--Kathryn Sinniger, Office of Regulation and Enforcement, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-4723.
Appendix C--Public Rulemaking Dockets
All comments via the Internet are submitted through the Federal Docket Management System (FDMS) at the following address: http://www.regulations.gov. The FDMS allows the public to search, view, download, and comment on all Federal agency rulemaking documents in one central online system. The above referenced Internet address also allows the public to sign up to receive notification when certain documents are placed in the dockets.
The public also may review regulatory dockets at, or deliver comments on proposed rulemakings to, the Dockets Office at 1200 New Jersey Avenue SE., Room W12-140, Washington, DC 20590, 1-800-647-
5527. Working Hours: 9:00 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 1979 Regulatory Policies and Procedures require such reviews. We also have responsibilities under Executive Order 12866, ``Regulatory Planning and Review,'' and section 610 of the Regulatory Flexibility Act to conduct such reviews. This includes the use of plain language techniques in new rules and considering its use in existing rules when we have the opportunity and resources to permit its use. We are committed to continuing our reviews of existing rules and, if needed, will initiate rulemaking actions based on these reviews.
In accordance with Executive Order 13563, ``Improving Regulation and Regulatory Review,'' issued by the President on January 18, 2011, the Department has added other elements to its review plan. The Department has decided to improve its plan by adding special oversight processes within the Department; encouraging effective and timely reviews, including providing additional guidance on particular problems that warrant review; and expanding opportunities for public participation. These new actions are in addition to the other steps described in this appendix.
Section 610 Review Plan
Section 610 requires that we conduct reviews of rules that: (1) have been published within the last 10 years, and (2) have a ``significant economic impact on a substantial number of small entities'' (SEIOSNOSE). It also requires that we publish in the Federal Register each year a list of any such rules that we will review during the next year. The Office of the Secretary and each of the Department's Operating Administrations have a 10-year review plan. These reviews comply with section 610 of the Regulatory Flexibility Act.
Changes to the Review Plan
Some reviews may be conducted earlier than scheduled. For example, to the extent resources permit, the plain language reviews will be conducted more quickly. Other events, such as accidents, may result in the need to conduct earlier reviews of some rules. Other factors may also result in the need to make changes; for example, we may make changes in response to public comment on this plan or in response to a presidentially mandated review. If there is any change to the review plan, we will note the change in the following Agenda. For any section 610 review, we will provide the required notice prior to the review.
Part II--The Review Process
The Analysis
Generally, the agencies have divided their rules into 10 different groups and plan to analyze one group each year. For purposes of these reviews, a year will coincide with the fall-to-
fall schedule for publication of the Agenda. Thus, Year 1 (2008) begins in the fall of 2008 and ends in the fall of 2009; Year 2 (2009) begins in the fall of 2009 and ends in the fall of 2010, and so on. We request public comment on the timing of the reviews. For example, is there a reason for scheduling an analysis and review for a particular rule earlier than we have? Any comments concerning the plan or particular analyses should be submitted to the regulatory contacts listed in Appendix B, General Rulemaking Contact Persons.
Section 610 Review
The agency will analyze each of the rules in a given year's group to determine whether any rule has a SEIOSNOSE and, thus, requires review in accordance with section 610 of the Regulatory Flexibility Act. The level of analysis will, of course, depend on the nature of the rule and its applicability. Publication of agencies' section 610 analyses listed each fall in this Agenda provides the public with notice and an opportunity to comment consistent with the requirements of the Regulatory Flexibility Act. We request that public comments be submitted to us early in the analysis year concerning the small entity impact of the rules to help us in making our determinations.
In each fall Agenda, the agency will publish the results of the analyses it has completed during the previous year. For rules that had a negative finding on SEIOSNOSE, we will give a short explanation (e.g., ``these rules only establish petition processes that have no cost impact'' or ``these rules do not apply to any small entities''). For parts, subparts, or other discrete sections of rules that do have a SEIOSNOSE, we will announce that we will be conducting a formal section 610 review during the following 12 months. At this stage, we will add an entry to the Agenda in the prerulemaking section describing the review in more detail. We also will seek public comment on how 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
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search'') and, in effect, generate the desired ``index'' of reviews.
Office of the Secretary
Section 610 and Other Reviews
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Regulations to be
Year reviewed Analysis year Review year
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1................... 49 CFR parts 91 2008 2009
through 99 and 14
CFR parts 200
through 212.
2................... 48 CFR parts 1201 2009 2010
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.
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Year 1 (fall 2008) List of rules with ongoing analysis
49 CFR part 91--International Air Transportation Fair Competitive Practices
49 CFR part 92--Recovering Debts to the United States by Salary Offset
49 CFR part 98--Enforcement of Restrictions on Post-Employment Activities
49 CFR part 99--Employee Responsibilities and Conduct
14 CFR part 200--Definitions and Instructions
14 CFR part 201--Air Carrier Authority Under Subtitle VII of Title 49 of the United States Code Amended
14 CFR part 203--Waiver of Warsaw Convention Liability Limits and Defenses
14 CFR part 204--Data To Support Fitness Determinations
14 CFR part 205--Aircraft Accident Liability Insurance
14 CFR part 206--Certificates of Public Convenience and Necessity: Special Authorizations and Exemptions
14 CFR part 207--Charter Trips by U.S. Scheduled Air Carriers
14 CFR part 208--Charter Trips by U.S. Charter Air Carriers
14 CFR part 211--Applications for Permits to Foreign Air Carriers
14 CFR part 212--Charter Rules for U.S. and Foreign Direct Air Carriers
Year 3 (fall 2010) List of rules with ongoing analysis
14 CFR part 213--Terms, Conditions, and Limitations of Foreign Air Carrier Permits
14 CFR part 214--Terms, Conditions, and Limitations of Foreign Air Carrier Permits Authorizing Charter Transportation Only
14 CFR part 215--Use and Change of Names of Air Carriers, Foreign Air Carriers, and Commuter Air Carriers
14 CFR part 216--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
Year 4 (fall 2011) List of rules with ongoing analysis
14 CFR part 240--Inspection of Accounts and Property
14 CFR part 241--Uniform System of Accounts and Reports for Large Certificated Air Carriers
14 CFR part 243--Passenger Manifest Information
14 CFR part 247--Direct Airport-to-Airport Mileage Records
14 CFR part 248--Submission of Audit Reports
14 CFR part 249--Preservation of Air Carrier Records
Year 5 (fall 2012) List of rules with ongoing analysis
14 CFR part 255--Airline Computer Reservations Systems
14 CFR part 256--Reserved
14 CFR part 271--Guidelines for Subsidizing Air Carriers Providing Essential Air Transportation
14 CFR part 272--Essential Air Service to the Freely Associated States
14 CFR part 291--Cargo Operations in Interstate Air Transportation
14 CFR part 292--International Cargo Transportation
14 CFR part 293--International Passenger Transportation
14 CFR part 294--Canadian Charter Air Taxi Operators
14 CFR part 296--Indirect Air Transportation of Property
14 CFR part 297--Foreign Air Freight Forwarders and Foreign Cooperative Shippers Associations
14 CFR part 298--Exemptions for Air Taxi and Commuter Air Carrier Operations
Year 6 (2013) List of rules that will be analyzed during the next year
14 CFR part 300--Rules of Conduct in DOT Proceedings Under This Chapter
14 CFR part 302--Rules of Practice in Proceedings
14 CFR part 303--Review of Air Carrier Agreements
14 CFR part 305--Rules of Practice in Informal Nonpublic Investigations
14 CFR part 313--Implementation of the Energy Policy and Conservation Act
14 CFR part 323--Terminations, Suspensions, and Reductions of Service
14 CFR part 325--Essential Air Service Procedures
14 CFR part 330--Procedures for Compensation of Air Carriers
14 CFR part 372--Overseas Military Personnel Charters
Federal Aviation Administration
Section 610 Review Plan
The FAA has elected to use the two-step, 2-year process used by most DOT modes in past plans. As such, the FAA has divided its rules into 10 groups as displayed in the table below. During the first year (the ``analysis year''), all rules published during the previous 10 years within a 10 percent block of the regulations will be analyzed to identify those with a SEIOSNOSE. During the second year (the ``review year''), each rule identified in the analysis year as having a SEIONOSE will be reviewed in accordance with Section 610(b) to determine if it should be continued without change or changed to minimize impact on small entities. Results of those reviews will be published in the DOT Semiannual Regulatory Agenda.
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Regulations to be
Year 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.
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4................... 14 CFR parts 189 2011 2012
through 198 and
parts 1 through
16.
5................... 14 CFR parts 17 2012 2013
through 33.
6................... 14 CFR parts 34 2013 2014
through 39 and
parts 400 through
405.
7................... 14 CFR parts 43 2014 2015
through 49 and
parts 406 through
415.
8................... 14 CFR parts 60 2015 2016
through 77.
9................... 14 CFR parts 91 2016 2017
through 105.
10.................. 14 CFR parts 417 2017 2018
through 460.
------------------------------------------------------------------------
Year 6 (2013) List of rules analyzed and summary of results
14 CFR Part 34--Fuel Venting and Exhaust Emission Requirements for Turbine Engine Powered Airplanes
Section 610: The agency conducted a Section 610 review of this part and found no SEIOSNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. FAA's plain language review of these rules indicates no need for substantial revision.
14 CFR Part 35--Airworthiness Standards: Propellers
Section 610: The agency conducted a Section 610 review of this part and found no SEIOSNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. FAA's plain language review of these rules indicates no need for substantial revision.
14 CFR Part 36--Noise Standards: Aircraft Type and Airworthiness Certification
Section 610: The agency conducted a Section 610 review of this part and found no SEIOSNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. FAA's plain language review of these rules indicates no need for substantial revision.
14 CFR Part 39--Airworthiness Directives
Section 610: No amendments to the codified text of this part were promulgated during the period of review, thus there is no SEIOSNOSE.
General: No changes are needed.
14 CFR Part 400--Basis and Scope
Section 610: The agency conducted a Section 610 review of this part and found no SEIOSNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. FAA's plain language review of these rules indicates no need for substantial revision.
14 CFR Part 401--Organization and Definitions
Section 610: The agency conducted a Section 610 review of this part and found no SEIOSNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. FAA's plain language review of these rules indicates no need for substantial revision.
14 CFR Part 404--Regulations and Licensing Requirements
Section 610: The agency conducted a Section 610 review of this part and found no SEIOSNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. FAA's plain language review of these rules indicates no need for substantial revision.
14 CFR Part 405--Investigations and Enforcement
Section 610: The agency conducted a Section 610 review of this part and found no SEIOSNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. FAA's plain language review of these rules indicates no need for substantial revision.
Year 7 (2014) List of rules that will be analyzed during the next year
14 CFR part 43--Maintenance, Preventive Maintenance, Rebuilding, and Alteration
14 CFR part 45--Identification and Registration Marking
14 CFR part 47--Aircraft Registration
14 CFR part 49--Recording of Aircraft Titles and Security Documents
14 CFR part 406--Investigations, Enforcement, and Administrative Review
14 CFR part 413--License Application Procedures
14 CFR part 414--Safety Approvals
14 CFR part 415--Launch License
Federal Highway Administration
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to be
Year reviewed Analysis year Review year
------------------------------------------------------------------------
1................... None.............. 2008 2009
2................... 23 CFR parts 1 to 2009 2010
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 1200 2016 2017
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 highways is chapter I of title 23 of the U.S.C. section 145 of title 23 expressly provides for a federally assisted State program. For this reason, the regulations adopted by the FHWA in title 23 of the CFR primarily relate to the requirements that States must meet to receive Federal funds for the construction and other work related to highways. Because the regulations in title 23 primarily relate to States, which are not defined as small entities under the Regulatory Flexibility Act, the FHWA believes that its regulations in title 23 do not have a significant economic impact on a substantial number of small entities. The FHWA solicits public comment on this preliminary conclusion.
Year 5 (fall 2012) List of rules analyzed and a summary of results
23 CFR part 620--Engineering
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA's plain language review of these rules indicates no need for substantial revision.
23 CFR part 625--Design Standards for Highways
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Section 610: No SEIOSNOSE. No small entities are affected.
General: These regulations are cost effective and impose the least burden. FHWA's plain language review of these rules indicates no need for substantial revision. The FHWA will update Section 625.4 (Standards, Policies, and Standard Specifications) to reflect the most current information.
23 CFR part 626--Pavement Policy
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA's plain language review of these rules indicates no need for substantial revision.
23 CFR part 627--Value Engineering
Section 610: No SEIOSNOSE. No small entities are affected.
General: These regulations are cost effective and impose the least burden. FHWA's plain language review of these rules indicates no need for substantial revision. These regulations are being updated to incorporate changes made to this part by MAP-21.
23 CFR part 630--Preconstruction Procedures
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA's plain language review of these rules indicates no need for substantial revision.
23 CFR part 633--Required Contract Provisions
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA's plain language review of these rules indicates no need for substantial revision.
23 CFR part 635--Construction and Maintenance
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA's plain language review of these rules indicates no need for substantial revision.
23 CFR part 636--Design-Build Contracting
Section 610: No SEIOSNOSE. No small entities are affected.
General: These regulations are cost effective and impose the least burden. FHWA's plain language review of these rules indicates no need for substantial revision. These regulations are being updated at 23 CFR 636.209 to allow proposers to submit technical and price proposals based on their preapproved alternative technical concepts without submitting a base proposal to encourage a wider use of alternative technical concepts in design-build project delivery.
23 CFR part 637--Construction Inspection and Approval
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA's plain language review of these rules indicates no need for substantial revision.
Year 6 (fall 2013) List of rules that will be analyzed during the next year
23 CFR part 645--Utilities
23 CFR part 646--Railroads
23 CFR part 650--Bridges, structures, and hydraulics
23 CFR part 652--Pedestrian and bicycle accommodations and projects
23 CFR part 655--Traffic Operations
23 CFR part 656--Carpool and vanpool projects
23 CFR part 657--Certification of size and weight enforcement
23 CFR part 658--Truck size and weight, route designations--length, width, and weight limitations
23 CFR part 660--Special programs (Direct Federal)
23 CFR part 661--Indian Reservation Road Bridge Program
23 CFR part 667--Reserved
23 CFR part 668--Emergency relief program
23 CFR part 669--Enforcement of heavy vehicle use tax
Federal Motor Carrier Safety Administration
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to be
Year 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 356, 2013 2014
367, 369 to 371,
372 (subparts B
and C).
7................... 49 CFR parts 373, 2014 2015
374, 376, and 379.
8................... 49 CFR parts 360, 2015 2016
365, 366, and 368.
9................... 49 CFR parts 377, 2016 2017
378.
10.................. 49 CFR part 395... 2017 2018
------------------------------------------------------------------------
Year 3 (fall 2010) List of rules with ongoing analysis
49 CFR part 325--Compliance With Interstate Motor Carrier Noise Emission
49 CFR part 390--Federal Motor Carrier Safety Regulations, General
Year 4 (fall 2011) List of rules with ongoing analysis
49 CFR part 390--Definition of Commercial Motor Vehicle (CMV)--
Requirements for Operators of Small Passenger-Carrying CMVs.
This rule was moved up from Year 4 as a result of the Department's Retrospective Regulatory Review.
49 CFR part 391--Driver Qualifications
49 CFR part 392--Driving of Commercial Motor Vehicles
49 CFR part 393--Parts and Accessories Necessary for Safe Operation
49 CFR part 396--Inspection, Repair and Maintenance of Commercial Motor Vehicles
49 CFR part 397--Transportation of Hazardous Materials; Driving and Parking Rules
49 CFR part 398--Transportation of Migrant Workers
49 CFR part 399--Employee Safety and Health Standards
Year 5 (fall 2012) List of rule(s) with ongoing analysis
49 CFR part 387--Minimum Levels of Financial Responsibility for Motor Carriers
Year 6 (fall 2013) List of rule(s) that will be analyzed this year
49 CFR part 356--Motor Carrier Routing Regulations
49 CFR part 367--Standards for Registration With States
49 CFR part 369--Reports of Motor Carriers
49 CFR part 370--Principles and Practices for the Investigation and Voluntary Disposition of Loss and Damage Claims and Processing Salvage
49 CFR part 371--Brokers of Property
49 CFR part 372 (subparts B and C)--Exemptions, Commercial Zones and Terminal Areas
Page 34096
National Highway Traffic Safety Administration
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to be
Year 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 1200 2009 2010
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 5 (fall 2012) List of rules analyzed and a summary of the results
49 CFR part 571.101--Controls and Displays
Section 610: There is no SEIOSNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA's plain language review of these rules indicates no need for substantial revision.
49 CFR part 571.102--Transmission Shift Position Sequence, Starter Interlock, and Transmission Braking Effect
Section 610: There is no SEIOSNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA's plain language review of these rules indicates no need for substantial revision.
49 CFR part 571.103--Windshield Defrosting and Defogging Systems
Section 610: There is no SEIOSNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA's plain language review of these rules indicates no need for substantial revision.
49 CFR part 571.104--Windshield Wiping and Washing Systems
Section 610: There is no SEIOSNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA's plain language review of these rules indicates no need for substantial revision.
49 CFR part 571.105--Hydraulic and Electric Brake Systems
Section 610: There is no SEIOSNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA's plain language review of these rules indicates no need for substantial revision.
49 CFR part 571.106--Brake Hoses
Section 610: There is no SEIOSNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA's plain language review of these rules indicates no need for substantial revision.
49 CFR part 571.108--Lamps, Reflective Devices, and Associated Equipment
Section 610: There is no SEIOSNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA's plain language review of these rules indicates no need for substantial revision.
49 CFR part 571.109--New Pneumatic and Certain Specialty Tires
Section 610: There is no SEIOSNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA's plain language review of these rules indicates no need for substantial revision.
49 CFR part 571.110--Tire Selection and Rims and Motor Home/
Recreation Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles with a GVWR of 4,536 Kilograms (10,000 Pounds) or Less
Section 610: There is no SEIOSNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA's plain language review of these rules indicates no need for substantial revision.
49 CFR part 571.135--Light Vehicle Brake Systems
Section 610: There is no SEIOSNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA's plain language review of these rules indicates no need for substantial revision.
49 CFR part 571.138--Tire Pressure Monitoring Systems
Section 610: There is no SEIOSNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA's plain language review of these rules indicates no need for substantial revision.
49 CFR part 571.139--New Pneumatic Radial Tires for Light Vehicles
Section 610: There is no SEIOSNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA's plain language review of these rules indicates no need for substantial revision.
Year 6 (fall 2013) List of rules that will be analyzed during the next year
49 CFR part 529--Manufacturers of Multistage Automobiles
49 CFR part 531--Passenger Automobile Average Fuel Economy Standards
49 CFR part 533--Light Truck Fuel Economy Standards
49 CFR part 534--Rights and Responsibilities of Manufacturers in the Context of Changes in Corporate Relationships
49 CFR part 535-- Medium- and Heavy-Duty Vehicle Fuel Efficiency Program
49 CFR part 536--Transfer and Trading of Fuel Economy Credits
49 CFR part 537--Automotive Fuel Economy Reports
49 CFR part 538--Manufacturing Incentives for Alternative Fuel Vehicles
49 CFR part 541--New Pneumatic and Certain Specialty Tires
49 CFR part 542--Procedures for Selecting Light Duty Truck Lines to be Covered by the Theft Prevention Standard
49 CFR part 543--Exemption from Vehicle Theft Prevention Standard
49 CFR part 544--Insurer Reporting Requirements
49 CFR part 545--Federal Motor Vehicle Theft Prevention Standard Phase-in and Small-Volume Line Reporting Requirements
49 CFR part 551--Procedural Rules
49 CFR part 552--Petitions for Rulemaking, Defect, and Noncompliance Orders
49 CFR part 553--Rulemaking Procedures
49 CFR part 554--Standards Enforcement and Defects Investigation
49 CFR part 555--Temporary Exemption From Motor Vehicle Safety and Bumper Standards
49 CFR part 556--Exemption for Inconsequential Defect or Noncompliance
49 CFR part 557--Petitions for Hearings on Notification and Remedy of Defects
49 CFR part 563--Event Data Recorders
49 CFR part 564--Replaceable Light Source and Sealed Beam Headlamp Information
49 CFR part 565--Vehicle Identification Number (VIN) Requirements
49 CFR part 566--Manufacturer Identification
49 CFR part 567--Certification
49 CFR part 568--Vehicles Manufactured in Two or More Stages-All Incomplete, Intermediate and Final-Stage Manufacturers of Vehicles Manufactured in Two or More Stages
49 CFR part 569--Regrooved Tires
49 CFR part 570--Vehicle In Use Inspection Standards
49 CFR part 572--Anthropomorphic Test Devices
49 CFR part 573--Defect and Noncompliance Responsibility and Reports
49 CFR part 574--Tire Identification and Recordkeeping
49 CFR part 576--Record Retention
49 CFR part 577--Defect and Noncompliance Notification
Page 34097
49 CFR part 578--Civil and Criminal Penalties
Federal Railroad Administration
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to be
Year reviewed Analysis year Review year
------------------------------------------------------------------------
1................... 49 CFR parts 200 2008 2009
and 201.
2................... 49 CFR parts 207, 2009 2010
209, 211, 215,
238, and 256.
3................... 49 CFR parts 210, 2010 2011
212, 214, 217,
and 268.
4................... 49 CFR part 219... 2011 2012
5................... 49 CFR parts 218, 2012 2013
221, 241, and 244.
6................... 49 CFR parts 216, 2013 2014
228, and 229.
7................... 49 CFR parts 223 2014 2015
and 233.
8................... 49 CFR parts 224, 2015 2016
225, 231, and 234.
9................... 49 CFR parts 222, 2016 2017
227, 235, 236,
250, 260, and 266.
10.................. 49 CFR parts 213, 2017 2018
220, 230, 232,
239, 240, and 265.
------------------------------------------------------------------------
Year 5 (fall 2012) List of rules analyzed and a summary of results
49 CFR part 218--Railroad Operating Practices
Section 610: There is no SEIOSNOSE.
General: The rule prescribes minimum requirements for railroad operating rules and practices. No changes are needed. FRA's plain language review of this rule indicates no need for substantial revision.
49 CFR part 221--Rear End Marking Device--Passenger, Commuter, and Freight Trains
Section 610: There is no SEIOSNOSE.
General: Since the rule prescribes minimum requirements for railroads to equip the rear car of passenger, commuter, and freight trains with highly visible markers it will provide safety and security not only for railroad employees but also for the general public. No changes are needed. FRA's plain language review of this rule indicates no need for substantial revision.
49 CFR part 241--United States Locational Requirement for Dispatching of United States Rail Operations
Section 610: There is no SEIOSNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. FRA's plain language review of this rule indicates no need for substantial revision.
49 CFR part 244--Regulations on Safety Integration Plans Governing Railroad Consolidations, Mergers, and Acquisitions of Control
Section 610: There is no SEIOSNOSE.
General: No changes are needed. FRA's plain language review of this rule indicates no need for substantial revision.
Year 6 (fall 2013) List of rule(s) that will be analyzed during next year
49 CFR part 216--Special Notice and Emergency Order Procedures: Railroad Track, Locomotive, and Equipment
49 CFR part 228--Hours of Service of Railroad Employees; Recordkeeping and Reporting; Sleeping Quarters
49 CFR part 229--Railroad Locomotive Safety Standards
Federal Transit Administration
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to be
Year reviewed Analysis year Review year
------------------------------------------------------------------------
1................... 49 CFR parts 604, 2008 2009
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 4 (fall 2011) List of rules analyzed and summary of results
49 CFR part 609--Transportation for Elderly and Handicapped Persons
Section 610: The agency has determined that the rule does not have a significant effect on a substantial number of small entities.
General: This rule was promulgated to enact the statutory requirements of sections 49 U.S.C. 5307(d) and 5308(b) to establish requirements for determining the maximum fare that can assessed for the transportation of elderly persons and persons with disabilities during a public transportation's period of off-peak hours. Recently, Congress enacted the Moving Ahead for Progress in the 21st Century Act (MAP-21), Public Law 112-141, (2012). The underlying purpose for the rule was unchanged by Map-21; however, the reference to maximum fares in section 5308(b) was repealed long ago and MAP-21 amended 49 U.S.C. section 5307. Therefore, in Fiscal Year 2014, FTA plans to issue a rulemaking to implement technical corrections to the authority and applicability sections of 49 CFR part 609.
49 CFR part 611--Major Capital Investment Projects
Section 610: The agency has determined that the rule does not have a significant effect on a substantial number of small entities. FTA recently revised the rule and evaluated the likely effects of the final rule on small entities and requested public comment during the rulemaking process. FTA determined that the rule does not have a significant economic impact on a substantial number of small entities because small entities do not generally undertake the development of major capital projects. There were no public comments submitted on this issue during the rulemaking process.
General: FTA revised part 611 via a final rule in January 2013, in order to implement recent MAP-21 amendments to 49 U.S.C. section 5309 (see 78 FR 1992). The ``New Starts'' and ``Small Starts'' programs authorized by section 5309 are FTA's primary capital funding
Page 34098
programs for new or extended transit systems. Part 611 of the Code of Federal Regulations outlines the process by which FTA rates and evaluates grants proposals for these programs. With the revised rule, FTA has significantly streamlined its evaluation process for both programs.
Year 5 (fall 2012) List of rule(s) analyzed and summary of results
49 CFR part 613--Planning Assistance and Standards
Section 610: The Agency has determined that the rule does not have a significant effect on a substantial number of small entities because it is only applicable to States and metropolitan planning organizations that are not included in the definition of small entity as set forth in 5 U.S.C. 601.
General: The rule was promulgated to govern the development of metropolitan transportation plans and programs for urbanized areas, State transportation plans and programs, and the congestion management process. Recently, Congress amended the planning statutes when it enacted the Moving Ahead for Progress in the 21st Century Act (MAP-21), Public Law 112-141, (2012). In Fiscal Year 2014, FTA will undertake a joint notice of proposed rulemaking with FHWA in order to revise the regulations consistent with current statutory requirements. In doing so, FHWA and FTA will propose establishing a performance-based approach to transportation decisionmaking.
49 CFR part 614--Transportation Infrastructure Management
Section 610: The Agency has determined that the rule does not have a significant effect on a substantial number of small entities as it only cross-references 23 CFR part 500, a FHWA regulation that is applicable to States.
General: No changes are needed at this time. However, FTA will continue to work with FHWA to assess whether or not technology will warrant revisions to the regulation.
Year 6: List of rules that will be analyzed during the next year
49 CFR part 622--Environmental Impact and Related Procedures
Maritime Administration
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to be
Year 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 221, 2011 2012
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 4 (fall 2011) List of rules with ongoing analysis
46 CFR part 381--Cargo Preference--U.S.-Flag Vessels
46 CFR part 383--Cargo Preference--Compromise, Assessment, Mitigation, Settlement, and Collection of Civil Penalties
46 CFR part 221--Foreign Transfer Regulations
46 CFR part 249--Approval of Underwriters for Marine Hull Insurance
46 CFR part 272--Requirements and Procedures for Conducting Condition Surveys and Administering Maintenance and Repair Subsidy
46 CFR part 287--Establishment of Construction Reserve Funds
46 CFR part 295--Maritime Security Program (MSP)
46 CFR part 296--Maritime Security Program (MSP)
Year 5 (2012) List of rules with ongoing analysis
46 CFR part 307--Mandatory Position Report System for Vessels
46 CFR part 308--War Risk Insurance
46 CFR part 309--War Risk Ship Valuation
Year 6 (2013) List of rules that will be analyzed during the next year
46 CFR part 310--Merchant Marine Training
Pipeline and Hazardous Materials Safety Administration (PHMSA)
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to be
Year 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 106, 2012 2013
107, 171, 190,
and 195.
6................... 49 CFR parts 174, 2013 2014
177, 191, and 192.
7................... 49 CFR parts 176 2014 2015
and 199.
8................... 49 CFR parts 172 2015 2016
through 178.
9................... 49 CFR parts 172, 2016 2017
173, 174, 176,
177, and 193.
10.................. 49 CFR parts 173 2017 2018
and 194.
------------------------------------------------------------------------
Year 5 (fall 2012) List of rules analyzed and a summary of results
49 CFR part 106--Rulemaking Procedures
49 CFR part 107--Hazardous Materials Program Procedures
49 CFR part 171--General Information, Regulations, and Definitions
Section 610: There is no SEIOSNOSE. On May 9, 2013 (78 FR 27169) PHMSA published the intent to review and analyze regulations in its Unified Agenda and Regulatory Plan to identify requirements that may have a significant impact on a substantial number of small entities. Specifically, PHMSA provided an initial review and requested comments on the impact of the rules in
Page 34099
49 CFR parts 106, 107, and 171 on small businesses. In addition, PHMSA asked the following questions of small businesses:
1. How and to what degree these rules affect you;
2. Any complaints or comments you may have concerning the covered rules;
3. The complexity of the covered rules;
4. The extent to which the rules overlap, duplicate, or conflict with other Federal rules, and to the extent feasible, with State and local Government rules; and
5. The extent of the economic impact on you and why you believe the economic impact is significant.
Two comments were received in response to the notice (notice and comments are available for review at: http://www.regulations.gov; under Docket No. PHMSA-2013-0027). The comments did not directly relate to the rules under review or the impacts of those rules on small businesses. Based on PHMSA's initial review of these rules and evaluation of the comments received, the Agency has determined that the rules do not have a significant effect on a substantial number of small entities.
General: No changes are needed. These regulations are cost effective and impose the least burden. PHMSA's plain language review of this rule indicates no need for substantial revision.
49 CFR part 190--Pipeline Safety Programs and Rulemaking Procedures
Section 610: There is no SEIOSNOSE. Based on regulated entities, PHMSA found that the majority of operators are not small businesses. Therefore, though some small entities may be affected, the economic impact on small entities will not be significant.
General: No changes are needed. These regulations are cost effective and impose the least burden. PHMSA's plain language review indicates no need for substantial revision.
49 CFR part 195--Transportation of Hazardous Liquids by Pipeline
Section 610: There is no SEIOSNOSE. Based on regulated entities, PHMSA found that the majority of operators are not small businesses. Therefore, though some small entities may be affected, the economic impact on small entities will not be significant.
General: No changes are needed. These regulations are cost effective and impose the least burden. PHMSA's plain language review indicates no need for substantial revision.
Year 6 (Fall 2013) List of rules that will be analyzed during the next year
49 CFR part 174--Carriage by Rail
49 CFR part 177--Carriage by Public Highway
49 CFR part 191--Transportation of Natural and Other Gas by Pipeline; Annual Reports, Incident Reports, and Safety-Related Condition Reports
49 CFR part 192--Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards
Research and Innovative Technology Administration (RITA)
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to be
Year reviewed Analysis year Review year
------------------------------------------------------------------------
1................... 14 CFR part 241, 2008 2009
form 41.
2................... 14 CFR part 241, 2009 2010
schedule T-100,
and part 217.
3................... 14 CFR part 298... 2010 2011
4................... 14 CFR part 241, 2011 2012
section 19-7.
5................... 14 CFR part 291... 2012 2013
6................... 14 CFR part 234... 2013 2014
7................... 14 CFR part 249... 2014 2015
8................... 14 CFR part 248... 2015 2016
9................... 14 CFR part 250... 2016 2017
10.................. 14 CFR part 374a, 2017 2018
ICAO.
------------------------------------------------------------------------
Year 1 (fall 2008) List of rules with ongoing analysis
14 CFR part 241--Uniform System of Accounts and Reports for Large Certificated Air Carriers, Form 41
Year 3 (fall 2010) List of rules with ongoing analysis
14 CFR part 298, subpart f--Exemptions for Air Taxi and Commuter Air Carrier Operations--Reporting Requirements
Year 4 (fall 2011) List of rules with ongoing analysis
14 CFR part 241, section 19-7--Passenger Origin-Destination Survey
Year 5 (fall 2012) List of rules with ongoing analysis
14 CFR part 291--Cargo Operations in Interstate Air Transportation
Year 6 (fall 2013) List of rules that will be analyzed during the next year
14 CFR Part 234--Airline Service Quality Performance Reports
Saint Lawrence Seaway Development Corporation
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to be
Year 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
Page 34100
Office of the Secretary--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
209....................... + Airline Pricing 2105-AE11
Transparency and Other
Consumer Protection
Issues.
------------------------------------------------------------------------
+ DOT-designated significant regulation
Federal Aviation Administration--Prerule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
210....................... + Drug and Alcohol Testing 2120-AK09
of Certain Maintenance
Provider Employees
Located Outside of the
United States.
------------------------------------------------------------------------
+ DOT-designated significant regulation
Federal Aviation Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
211....................... +Operation and 2120-AJ60
Certification of Small
Unmanned Aircraft Systems
(sUAS).
212....................... + Flight Simulation 2120-AK08
Training Device (FSTD)
Qualification Standards
for Extended Envelope and
Adverse Weather Event
Training.
------------------------------------------------------------------------
+ DOT-designated significant regulation
Federal Aviation Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
213....................... + Flight Crewmember 2120-AJ87
Mentoring, Leadership and
Professional Development
(HR 5900).
------------------------------------------------------------------------
+ DOT-designated significant regulation
Federal Aviation Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
214....................... + Air Ambulance and 2120-AJ53
Commercial Helicopter
Operations; Safety
Initiatives and
Miscellaneous Amendments.
------------------------------------------------------------------------
+ DOT-designated significant regulation
Federal Motor Carrier Safety Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
215....................... + Carrier Safety Fitness 2126-AB11
Determination.
216....................... + Commercial Driver's 2126-AB18
License Drug and Alcohol
Clearinghouse (MAP-21).
217....................... + Electronic Logging 2126-AB20
Devices and Hours of
Service Supporting
Documents (MAP-21).
------------------------------------------------------------------------
+ DOT-designated significant regulation
Federal Motor Carrier Safety Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
218....................... + Lease and Interchange of 2126-AB44
Vehicles; Motor Carriers
of Passengers.
219....................... + Inspection, Repair, and 2126-AB46
Maintenance; Driver-
Vehicle Inspection Report
(RRR).
------------------------------------------------------------------------
+ DOT-designated significant regulation
Page 34101
Federal Motor Carrier Safety Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
220....................... + Minimum Training 2126-AB06
Requirements for Entry
Level Commercial Motor
Vehicle Operations (MAP-
21).
------------------------------------------------------------------------
+ DOT-designated significant regulation
Federal Railroad Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
221....................... + Training Standards for 2130-AC06
Railroad Employees.
------------------------------------------------------------------------
+ DOT-designated significant regulation
Pipeline and Hazardous Materials Safety Administration--Proposed Rule
Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
222....................... + Pipeline Safety: Safety 2137-AE66
of On-Shore Liquid
Hazardous Pipelines.
223....................... Pipeline Safety: Issues 2137-AE93
Related to the use of
Plastic Pipe in Gas
Pipeline Industry.
------------------------------------------------------------------------
+ DOT-designated significant regulation
Pipeline and Hazardous Materials Safety Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
224....................... + Hazardous Materials: 2137-AE44
Revisions to Requirements
for the Transportation of
Lithium Batteries.
------------------------------------------------------------------------
+ DOT-designated significant regulation
Pipeline and Hazardous Materials Safety Administration--Long-Term
Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
225....................... + Pipeline Safety: 2137-AE94
Operator Qualification,
Cost Recovery, Accident
and Incident
Notification, and Other
Changes (RRR).
226....................... + Pipeline Safety: 2137-AF06
Amendments to Parts 192
and 195 to Require Valve
Installation and Minimum
Rupture Detection
Standards.
------------------------------------------------------------------------
+ DOT-designated significant regulation
Maritime Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
227....................... + Cargo Preference........ 2133-AB74
------------------------------------------------------------------------
+ DOT-designated significant regulation
DEPARTMENT OF TRANSPORTATION (DOT)
Office of the Secretary (OST)
Proposed Rule Stage
209. +Airline Pricing Transparency and Other Consumer Protection Issues
Legal Authority: 49 U.S.C. 41712; 49 U.S.C. 40101; 49 U.S.C. 41702
Abstract: The Department is seeking comment on a number of proposals to enhance protections for air travelers and to improve the air travel environment, including a proposal to clarify and codify the Department's interpretation of the statutory definition of ``ticket agent.'' This NPRM would also require airlines and ticket agents to disclose at all points of sale the fees for certain basic ancillary services associated with the air transportation consumers are buying or considering buying. Other proposals in this NPRM to enhance airline passenger protections include: Expanding the pool of ``reporting'' carriers; requiring enhanced reporting by mainline carriers for their domestic code-share partner operations; requiring large travel agents to adopt minimum customer service standards; codifying the statutory requirements that carriers and ticket agents disclose any code-share arrangements on their Web sites; and prohibiting unfair and deceptive practices such as undisclosed biasing and post-purchase price increases. The Department is also considering whether to require ticket agents to disclose the carriers whose tickets they sell in order to avoid having consumers mistakenly believe they are searching all possible flight options for a particular city-pair market when in fact there may be other options available. Additionally, this NPRM would correct drafting errors and make minor changes to the Department's second Enhancing Airline Passenger Protections rule to conform to quidance issued by the Department's Office of Aviation Enforcement and Proceedings (Enforcement Office) regarding its interpretation of the rule.
Timetable:
Page 34102
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/14 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Blane A Workie, Acting 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: 202 366-5944, Email: blane.workie@dot.gov.
RIN: 2105-AE11
BILLING CODE 4910-9X-P
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Prerule Stage
210. +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 Reauthorization Act of 2012. It would require controlled substance testing of some employees working in repair stations located outside the United States. The intended 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.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 03/17/14 79 FR 14621
ANPRM Comment Period Extended....... 05/01/14 79 FR 24631
ANPRM Comment Period End............ 05/16/14 .......................
ANPRM Comment Period Extended End... 07/17/14 .......................
------------------------------------------------------------------------
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: vicky.dunne@faa.gov.
RIN: 2120-AK09
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Proposed Rule Stage
211. +Operation and Certification of Small Unmanned Aircraft Systems (SUAS)
Legal Authority: 49 U.S.C. 44701; Pub. L. 112-95
Abstract: This rulemaking would adopt specific rules for the operation of small unmanned aircraft systems (sUAS) in the national airspace system. These changes would address the classification of small unmanned aircraft, certification of their pilots and visual observers, registration, approval of operations, and operational limits in order to increase the safety and efficiency of the national airspace system.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/14 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Lance Nuckolls, Certification and General Aviation Operations, Department of Transportation, Federal Aviation Administration, 800 Independence Ave. SW., Washington, DC 20591, Phone: 202 267-8212, Email: lance.nuckolls@faa.gov.
RIN: 2120-AJ60
212. +Flight Simulation Training Device (FSTD) Qualification Standards for Extended Envelope and Adverse Weather Event Training
Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 40113; 49 U.S.C. 44701; Pub. L. 111-216
Abstract: This rulemaking would amend evaluation qualifications for simulators to ensure the simulators are technically capable of performing new flight training tasks as identified in the Airline Safety and Federal Aviation Administration Extension Act of 2010 (Pub. L. 111-216) and that are included in a separate rulemaking (2120-AJ00). By ensuring the simulators provide an accurate and realistic simulation, this rulemaking would allow for training on the following tasks: (1) Full/aerodynamic stall, and (2) upset recognition and recovery, as identified in Pub. L. 111-216. Furthermore, this rulemaking would improve the minimum FSTD evaluation requirements for gusting crosswinds (takeoff/landing), engine and airframe icing, and bounced landing recovery methods in response to NTSB and Aviation Rulemaking Committee recommendations. The intended effect is to ensure an adequate level of simulator fidelity.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/00/14 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Larry McDonald, Department of Transportation, Federal Aviation Administration, PO Box 20636, Atlanta, GA 30320, Phone: 404 474-5620, Email: larry.e.mcdonald@faa.gov.
RIN: 2120-AK08
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Long-Term Actions
213. +Flight Crewmember Mentoring, Leadership and Professional Development (HR 5900)
Legal Authority: 49 U.S.C. 44701(a)(5); Pub. L. 111-216, sec 206
Abstract: This rulemaking would amend the regulations for air carrier training programs under part 121. The action is necessary to ensure that air carriers establish or modify training programs that address mentoring, leadership, and professional development of flight crewmembers in part 121 operations. The amendments are intended to contribute significantly to airline safety by reducing aviation accidents and respond to the mandate in Public Law 111-216.
Timetable: Next Action Undetermined.
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Deke Abbott, Department of Transportation, Federal Aviation Administration, 800 Independence Ave. SW., Washington, DC 20591, Phone: 202 267-8266, Email: deke.abbott@faa.gov.
RIN: 2120-AJ87
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Completed Actions
214. +Air Ambulance and Commercial Helicopter Operations; Safety Initiatives and Miscellaneous Amendments
Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 1155; 49 U.S.C. 40101 to 40103; 49 U.S.C. 40120; 49 U.S.C. 41706; 49 U.S.C. 41721; 49 U.S.C. 44101; 49 U.S.C. 44106; 49 U.S.C. 44111; 49 U.S.C. 46306; 49 U.S.C. 46315; 49 U.S.C. 46316; 49 U.S.C. 46504; 49 U.S.C. 46506; 49 U.S.C. 46507; 49 U.S.C. 47122; 49 U.S.C. 47508; 49 U.S.C. 47528 to 47531; 49 U.S.C. 44701
Abstract: This rulemaking would change equipment and operating requirements for commercial helicopter operations, including many specifically for helicopter air ambulance operations. This rulemaking is necessary to increase crew, passenger, and patient safety. The intended effect is to implement National Transportation Safety Board, Aviation Rulemaking Committee, and internal FAA recommendations.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/12/10 75 FR 62640
NPRM Comment Period End............. 01/10/11 .......................
Final Rule.......................... 02/21/14 79 FR 9932
Page 34103
Final Action Effective.............. 04/22/14 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Andy Pierce, Department of Transportation, Federal Aviation Administration, 800 Independence Ave, SW., Washington, DC 20591, Phone: 202 267-8238, Email: andy.pierce@faa.gov.
RIN: 2120-AJ53
BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Motor Carrier Safety Administration (FMCSA)
Proposed Rule Stage
215. +Carrier Safety Fitness Determination
Legal Authority: Sec. 4009 of TEA-21
Abstract: FMCSA proposes to amend the Federal Motor Carrier Safety Regulations (FMCSRs) to adopt revised methodologies that would result in a safety fitness determination (SFD). The proposed methodologies would determine when a motor carrier is not fit to operate commercial motor vehicles (CMVs) in or affecting interstate commerce based on (1) the carrier's performance in relation to five of the Agency's Behavioral Analysis and Safety Improvement Categories (BASICs); (2) an investigation; or (3) a combination of on-road safety data and investigation information. The intended effect of this action is to reduce crashes caused by CMV drivers and motor carriers, resulting in death, injuries, and property damage on U.S. highways, by more effectively using FMCSA data and resources to identify unfit motor carriers, and to remove them from the Nation's roadways.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/14 .......................
------------------------------------------------------------------------
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: fmcsaregs@dot.gov.
RIN: 2126-AB11
216. +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 positive controlled substances and alcohol test results for commercial driveracutes 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 applicantacutes 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. DOTacutes 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 requires 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 .......................
Analyzing Comments.................. 05/00/14 .......................
------------------------------------------------------------------------
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: juan.moya@dot.gov.
RIN: 2126-AB18
217. +Electronic Logging Devices and Hours of Service Supporting Documents (MAP-21)
Legal Authority: 49 U.S.C. 31502; 31136(a); Pub. L. 103.311; 49 U.S.C. 31137(a)
Abstract: This SNPRM would establish: (1) Minimum performance and design standards for hours-of-service (HOS) electronic logging devices (ELDs); (2) requirements for the mandatory use of these devices by drivers currently required to prepare HOS records of duty status (RODS); (3) requirements concerning HOS supporting documents; and (4) measures to address concerns about harassment resulting from the mandatory use of ELDs. This rulemaking supplements the Agency's February 1, 2011, Notice of Proposed Rulemaking (NPRM) and addresses issues raised by the U.S. Court of Appeals for the Seventh Circuit in its 2011 decision vacating the Agency's April 5, 2010, final rule concerning ELDs as well as subsequent statutory developments. The proposed requirements for ELDs would improve compliance with the HOS rules.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/01/11 76 FR 5537
NPRM Comment Period End............. 02/28/11 .......................
Comment Period Extended............. 03/10/11 76 FR 13121
Extended Comment Period End......... 05/23/11 .......................
Supplemental NPRM................... 03/28/14 79 FR 17656
SNPRM Comment Period End............ 05/27/14 .......................
-----------------------------------
Final Rule.......................... To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Deborah M. Freund, Senior Transportation Specialist, Department of Transportation, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, Phone: 202 366-5370, Email: deborah.freund@dot.gov.
RIN: 2126-AB20
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Motor Carrier Safety Administration (FMCSA)
Final Rule Stage
218. +Lease and Interchange of Vehicles; Motor Carriers of Passengers
Legal Authority: 49 U.S.C. 31502; 49 U.S.C. 13301; 49 U.S.C. 31136
Abstract: FMCSA proposes to adopt regulations governing the lease and interchange of passenger-carrying commercial motor vehicles (CMVs) to: (1) Identify the motor carrier operating a passenger-carrying CMV and responsible for compliance with the Federal Motor Carrier Safety Regulations (FMCSRs) and all other applicable Federal regulations; (2) ensure that a lessor surrenders control of the CMV for the full term of the lease or temporary exchange of CMVs and drivers; and (3) require motor carriers subject to a prohibition on operating in interstate commerce to notify the FMCSA in writing before leasing or otherwise transferring control of their vehicles to other carriers. This action is necessary to ensure that unsafe passenger carriers cannot evade FMCSA oversight and enforcement by operating under the authority of another carrier that exercises no actual control over those operations. This action will enable the FMCSA, the National Transportation Safety Board (NTSB), and our Federal and State partners to identify motor carriers transporting passengers in interstate commerce, and correctly assign responsibility to these entities for regulatory violations during inspections, compliance investigations, and crash studies. It also provides the general public with the means to identify the responsible motor carrier at the time of transportation. While detailed lease and interchange regulations for cargo-carrying vehicles have been in effect since 1950, these proposed rules for passenger-carrying CMVs are focused entirely on operational safety.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/20/13 78 FR 57822
NPRM Comment Period End............. 11/19/13 .......................
Page 34104
Final Rule.......................... 04/00/15 .......................
------------------------------------------------------------------------
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: fmcsaregs@dot.gov.
RIN: 2126-AB44
219. +Inspection, Repair, and Maintenance; Driver-Vehicle Inspection Report (RRR)
Legal Authority: 49 U.S.C. 31502(b)
Abstract: This rulemaking would rescind the requirement that commercial motor vehicle (CMV) drivers operating in interstate commerce submit, and motor carriers retain, driver-vehicle inspection reports when the driver has neither found nor been made aware of any vehicle defects or deficiencies. Specifically, this rulemaking would remove a significant information collection burden without adversely impacting safety. This rulemaking responds in part to the Presidentacutes January 2012 Regulatory Review and Reform initiative.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/07/13 78 FR 48125
Comment Period End.................. 10/07/13 .......................
Final Rule.......................... 11/00/14 .......................
------------------------------------------------------------------------
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: sean.gallagher@dot.gov.
RIN: 2126-AB46
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Motor Carrier Safety Administration (FMCSA)
Completed Actions
220. +Minimum Training Requirements for Entry Level Commercial Motor Vehicle Operations (MAP-21)
Legal Authority: 49 U.S.C. 31136; 49 CFR 1.73; 49 U.S.C. 31502
Abstract: This rulemaking would require behind-the-wheel and classroom training for persons who must hold a commercial driveracutes license to operate commercial motor vehicles. This action is in response to the U.S. Court of Appeals for the District of Columbia Circuitacutes December 2005 decision remanding the May 21, 2004, Final Rule, Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators to the Agency for further consideration. The rulemaking will consider the effectiveness of Commercial Motor Vehicle (CMV) driver training in reducing crashes, the appropriate types and levels of training that should be mandated, and related costs. 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 requires a final rule by October 1, 2013. This rulemaking was withdrawn to allow time to further study this issue.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/26/07 72 FR 73226
NPRM Comment Period Extended........ 03/24/08 73 FR 15471
NPRM Comment Period End............. 03/25/08 .......................
NPRM Comment Period Extension End... 05/23/08 .......................
NPRM; Notice of Withdrawal.......... 09/19/13 78 FR 57585
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Thomas Yager, Driver and Carrier Operations Division, Department of Transportation, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, Phone: 202 366-4325, Email: tom.yager@dot.gov.
RIN: 2126-AB06
BILLING CODE 4910-EX-P
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Railroad Administration (FRA)
Final Rule Stage
221. +Training Standards for Railroad Employees
Legal Authority: Pub. L. 110-432, Div A, 122 Stat 4848 et seq.; Railroad Safety Improvement Act of 2008; sec 401 (49 U.S.C. 20162)
Abstract: This rulemaking would: (1) Establish minimum training standards for each class or craft of safety-related employee and equivalent railroad contractor and subcontractor employee by requiring railroads, contractors, and subcontractors to qualify and document the proficiency of such employees on their knowledge and ability to comply with Federal railroad safety laws and regulations, and railroad rules, and procedures intended to implement those laws and regulations, etc.; (2) require submission of the training and qualification programs for FRA approval; and (3) establish a minimum training curriculum, and ongoing training criteria, testing, and skills evaluation measures.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/07/12 77 FR 6412
NPRM Comment Period End............. 04/09/12 .......................
Final Rule.......................... 05/00/14 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kathryn Shelton, Trial Attorney, Department of Transportation, Federal Railroad Administration, 1200 New Jersey Ave. SE., Washington, DC 20590, Phone: 202 493-6063, Email: kathryn.shelton@fra.dot.gov.
RIN: 2130-AC06
DEPARTMENT OF TRANSPORTATION (DOT)
Pipeline and Hazardous Materials Safety Administration (PHMSA)
Proposed Rule Stage
222. +Pipeline Safety: Safety of On-Shore Liquid Hazardous Pipelines
Legal Authority: 49 U.S.C. 60101 et seq.
Abstract: This rulemaking would address effective procedures that hazardous liquid operators can use to improve the protection of High Consequence Areas (HCA) and other vulnerable areas along their hazardous liquid onshore pipelines. PHMSA is considering whether changes are needed to the regulations covering hazardous liquid onshore pipelines, whether other areas should be included as HCAs for integrity management (IM) protections, what the repair timeframes should be for areas outside the HCAs that are assessed as part of the IM program, whether leak detection standards are necessary, valve spacing requirements are needed on new construction or existing pipelines, and PHMSA should extend regulation to certain pipelines currently exempt from regulation. The agency would also address the public safety and environmental aspects of any new requirements, as well as the cost implications and regulatory burden.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 10/18/10 75 FR 63774
ANPRM Comment Period End............ 01/18/11 .......................
ANPRM Comment Period Extended....... 01/04/11 76 FR 303
ANPRM Extended Comment Period End... 02/18/11 .......................
NPRM................................ 07/00/14 .......................
------------------------------------------------------------------------
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: john.gale@dot.gov.
RIN: 2137-AE66
223. Pipeline Safety: Issues Related to the Use of Plastic Pipe in Gas Pipeline Industry
Legal Authority: 49 U.S.C. 60101 et seq.
Abstract: This rulemaking would address a number of topics related to the use of plastic pipe in the gas pipeline industry. These
Page 34105
topics include: PE, PA11, PA12, 50-year markings, design factors, risers, incorporation by reference of certain plastic pipe related standards, and tracking and traceability.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/14 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Cameron H. Satterthwaite, Transportation Regulations Specialist, Department of Transportation, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, Phone: 202 366-8553, Email: cameron.satterthwaite@dot.gov.
RIN: 2137-AE93
DEPARTMENT OF TRANSPORTATION (DOT)
Pipeline and Hazardous Materials Safety Administration (PHMSA)
Final Rule Stage
224. +Hazardous Materials: Revisions to Requirements for the Transportation of Lithium Batteries
Legal Authority: 49 U.S.C. 5101 et seq.
Abstract: This rulemaking would amend the Hazardous Materials Regulations to comprehensively address the safe transportation of lithium cells and batteries. The intent of the rulemaking is to strengthen the current regulatory framework by imposing more effective safeguards, including design testing to address risks related to internal short circuits, and enhanced packaging, hazard communication, and operational measures for various types and sizes of lithium batteries in specific transportation contexts. The rulemaking would respond to several recommendations issued by the National Transportation Safety Board.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/11/10 75 FR 1302
NPRM Comment Period End............. 03/12/10 .......................
Notice.............................. 04/11/12 77 FR 21714
Comment Period End.................. 05/11/12 .......................
NPRM; Request for Additional 01/07/13 78 FR 1119
Comments.
Comment Period End.................. 03/08/13 .......................
Final Rule.......................... 05/00/14 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kevin Leary, Transportation Specialist, Department of Transportation, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, Phone: 202 366-8553, Email: kevin.leary@dot.gov.
RIN: 2137-AE44
DEPARTMENT OF TRANSPORTATION (DOT)
Pipeline and Hazardous Materials Safety Administration (PHMSA)
Long-Term Actions
225. +Pipeline Safety: Operator Qualification, Cost Recovery, Accident and Incident Notification, and Other Changes (RRR)
Legal Authority: 49 U.S.C. 60101 et seq.
Abstract: This rulemaking would address miscellaneous issues that have been raised because of the reauthorization of the pipeline safety program in 2012, and petitions for rulemaking from many affected stakeholders. Some of the issues that this rulemaking would address include: renewal process for special permits, cost recovery for design reviews, and incident reporting.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/15 .......................
------------------------------------------------------------------------
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: john.gale@dot.gov.
RIN: 2137-AE94
226. +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: This proposed rule would require mandatory installation of automatic shutoff valves, remote controlled valves, or equivalent technology, and establish performance-based meaningful metrics for rupture detection for gas and liquid transmission pipelines. The overall intent is that rupture detection metrics will be integrated with ASV and RCV placement, with the objective of improving overall incident response. Rupture response metrics would focus on mitigating large, unsafe, uncontrolled release events that have a greater potential consequence. The areas proposed to be covered include High Consequence Areas (HCA) for hazardous liquids and HCA, Class 3 and 4 for natural gas (including could affect areas).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/15 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Lawrence White, Attorney-Advisor, Department of Transportation, Pipeline and Hazardous Materials Safety Administration, 400 Seventh Street SW., Washington, DC 20590, Phone: 202 366-4400, Fax: 292 366-7041.
RIN: 2137-AF06
BILLING CODE 4910-06-P
DEPARTMENT OF TRANSPORTATION (DOT)
Maritime Administration (MARAD)
Long-Term Actions
227. +Cargo Preference
Legal Authority: 49 CFR 1.66; 46 app U.S.C. 1101; 46 app U.S.C. 1241; 46 U.S.C. 2302 (e)(1); Pub. L. 91-469
Abstract: This rulemaking would revise and clarify the cargo preference regulations that have not been revised substantially since 1971. The rulemaking would also implement statutory changes, including section 3511, Public Law 110 to 417, of The National Defense Authorization Act for FY 2009, which provides enforcement authority.
Timetable: Next Action Undetermined.
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Christine Gurland, Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, Phone: 202 366-5157, Email: christine.gurland@dot.gov.
RIN: 2133-AB74
FR Doc. 2014-13127 Filed 6-12-14; 8:45 am
BILLING CODE 4910-81-P
