Department Regulatory Agenda; Semiannual Summary
Federal Register, Volume 80 Issue 117 (Thursday, June 18, 2015)
Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)
Unknown Section
Pages 35055-35076
From the Federal Register Online via the Government Publishing Office www.gpo.gov
FR Doc No: 2015-14366
Page 35055
Vol. 80
Thursday,
No. 117
June 18, 2015
Part XII
Department of Transportation
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Unified Agenda
Page 35056
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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 more effectively participate in the Department's regulatory process. The public is also invited to submit comments on any aspect of this Agenda.
FOR FURTHER INFORMATION CONTACT:
General
You should direct all comments and inquiries on the Agenda in general to Jonathan Moss, Acting 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.
Table of Contents
Supplementary Information:
Background
Significant/Priority Rulemakings
Explanation of Information on the Agenda
Request for Comments
Purpose
Appendix A--Instructions for Obtaining Copies of Regulatory Documents
Appendix B--General Rulemaking Contact Persons
Appendix C--Public Rulemaking Dockets
Appendix D--Review Plans for Section 610 and Other Requirements
SUPPLEMENTARY INFORMATION:
Background
Improvement of our regulations is a prime goal of the Department of Transportation (Department or DOT). Our regulations should be clear, simple, timely, fair, reasonable, and necessary. They should not be issued without appropriate involvement of the public; once issued, they should be periodically reviewed and revised, as needed, to ensure that they continue to meet the needs for which they originally were designed. To view additional information about the Department's regulatory activities online, go to http://www.dot.gov/regulations. Among other things, this Web site provides a report updated monthly on the status of the DOT significant rulemakings listed in the semiannual regulatory agenda.
To help the Department achieve its goals and in accordance with Executive Order (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 rulemakings, reviews of existing regulations, and completed actions of the Department. These are matters on which action has begun or is projected during the next 12 months or for which action has been completed since the last Agenda.
The Agendas are based on reports submitted by the offices initiating the rulemaking and are reviewed by OST.
The Internet is the basic means for disseminating the Unified Agenda. The complete Unified Agenda is available online at www.reginfo.gov in a format that offers users a greatly enhanced ability to obtain information from the Agenda database.
Because publication in the Federal Register is mandated for the regulatory flexibility agendas required by the Regulatory Flexibility Act (5 U.S.C. 602), DOT's printed Agenda entries include only:
1. The agency's Agenda preamble;
2. Rules that are in the agency's regulatory flexibility agenda, in accordance with the Regulatory Flexibility Act, because they are likely to have a significant economic impact on a substantial number of small entities; and
3. Any rules that the agency has identified for periodic review under section 610 of the Regulatory Flexibility Act.
Printing of these entries is limited to fields that contain information required by the Regulatory Flexibility Act's Agenda requirements. These elements are: Sequence Number; Title; Section 610 Review, if applicable; Legal Authority; Abstract; Timetable; Regulatory Flexibility Analysis Required; Agency Contact; and Regulation Identifier Number (RIN). Additional information (for detailed list, see section heading ``Explanation of Information on the Agenda'') on these entries is available in the Unified Agenda published on the Internet.
Significant Rulemakings
The Agenda covers all rules and regulations of the Department. We have classified rules as significant in the Agenda if they are, essentially, very beneficial, controversial, or of substantial public interest under our Regulatory Policies and Procedures. All DOT significant rulemaking documents are subject to review by the Secretary of Transportation. If the Office of Management and Budget (OMB) decided a rule is subject to its review under Executive Order 12866, we have also classified it as significant in the Agenda.
Explanation of Information on the Agenda
An Office of Management and Budget memorandum, dated February 23, 2015, requires the format for this Agenda.
First, the Agenda is divided by initiating offices. Then the Agenda is divided into five categories: (1) Prerule stage, (2) proposed rule stage, (3) final rule stage, (4) long-term actions, and (5) completed actions. For each entry, the Agenda provides the following information: (1) Its ``significance''; (2) a short, descriptive title; (3) its legal basis; (4) the related regulatory citation in the Code of Federal Regulations; (5) any legal deadline and, if so, for what action (e.g., NPRM, final rule); (6) an abstract; (7) a timetable, including the earliest expected date for 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
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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 after the issuance of this Agenda could result in a decision not to take regulatory action or in changes to proposed publication dates. For example, the need for further evaluation could result in a later publication date; evidence of a greater need for the regulation could result in an earlier publication date.
Finally, a dot () preceding an entry indicates that the entry appears in the Agenda for the first time.
Request for Comments
General
Our agenda is intended primarily for the use of the public. Since its inception, we have made modifications and refinements that we believe provide the public with more helpful information, as well as making the Agenda easier to use. We would like you, the public, to make suggestions or comments on how the Agenda could be further improved.
Reviews
We also seek your suggestions on which of our existing regulations you believe need to be reviewed to determine whether they should be revised or revoked. We particularly draw your attention to the Department's review plan in appendix D. In response to Executive Order 13563 ``Retrospective Review and Analysis of Existing Rules,'' in 2011 we prepared a retrospective review plan providing more detail on the process we use to conduct reviews of existing rules, including changes in response to Executive Order 13563. 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.
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: April 16, 2015.
Anthony R. Foxx,
Secretary of Transportation.
Appendix A--Instructions for Obtaining Copies of Regulatory Documents
To obtain a copy of a specific regulatory document in the Agenda, you should communicate directly with the contact person listed with the regulation at the address below. We note that most, if not all, such documents, including the Semiannual Regulatory Agenda, are available through the Internet at http://www.regulations.gov. See appendix C for more information.
(Name of contact person), (Name of the DOT agency), 1200 New Jersey Avenue SE., Washington, DC 20590. (For the Federal Aviation Administration, substitute the following address: Office of Rulemaking, ARM-1, 800 Independence Avenue SW., Washington, DC 20591).
Appendix B--General Rulemaking Contact Persons
The following is a list of persons who can be contacted within the Department for general information concerning the rulemaking process within the various operating administrations.
FAA--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.
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NHTSA--Steve Wood, Office of Chief Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-2992.
FRA--Kathryn Gresham, Office of Chief Counsel, 1200 New Jersey Avenue 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--Jonathan Moss, 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 Regulatory Policies and Procedures require such reviews. We also have responsibilities under Executive Order 12866, ``Regulatory Planning and Review,'' and section 610 of the Regulatory Flexibility Act to conduct such reviews. This includes the use of plain language techniques in new rules and considering its use in existing rules when we have the opportunity and resources to permit its use. We are committed to continuing our reviews of existing rules and, if it is needed, will initiate rulemaking actions based on these reviews.
In accordance with Executive Order 13563, ``Improving Regulation and Regulatory Review,'' issued by the President on January 18, 2011, the Department has added other elements to its review plan. The Department has decided to improve its plan by adding special oversight processes within the Department, encouraging effective and timely reviews, including providing additional guidance on particular problems that warrant review, and expanding opportunities for public participation. These new actions are in addition to the other steps described in this appendix.
Section 610 Review Plan
Section 610 requires that we conduct reviews of rules that: (1) Have been published within the last 10 years, and (2) have a ``significant economic impact on a substantial number of small entities'' (SEIOSNOSE). It also requires that we publish in the Federal Register each year a list of any such rules that we will review during the next year. The Office of the Secretary and each of the Department's Operating Administrations have a 10-year review plan. These reviews comply with section 610 of the Regulatory Flexibility Act.
Changes to the Review Plan
Some reviews may be conducted earlier than scheduled. For example, to the extent resources permit, the plain language reviews will be conducted more quickly. Other events, such as accidents, may result in the need to conduct earlier reviews of some rules. Other factors may also result in the need to make changes; for example, we may make changes in response to public comment on this plan or in response to a presidentially mandated review. If there is any change to the review plan, we will note the change in the following Agenda. For any section 610 review, we will provide the required notice prior to the review.
Part II--The Review Process
The Analysis
Generally, the agencies have divided their rules into 10 different groups and plan to analyze one group each year. For purposes of these reviews, a year will coincide with the fall-to-fall schedule for publication of the Agenda. Thus, Year 1 (2008) begins in the fall of 2008 and ends in the fall of 2009; Year 2 (2009) begins in the fall of 2009 and ends in the fall of 2010, and so on. We request public comment on the timing of the reviews. For example, is there a reason for scheduling an analysis and review for a particular rule earlier than we have? Any comments concerning the plan or particular analyses should be submitted to the regulatory contacts listed in appendix B, General Rulemaking Contact Persons.
Section 610 Review
The agency will analyze each of the rules in a given year's group to determine whether any rule has a SEIOSNOSE and, thus, requires review in accordance with section 610 of the Regulatory Flexibility Act. The level of analysis will, of course, depend on the nature of the rule and its applicability. Publication of agencies' section 610 analyses listed each fall in this Agenda provides the public with notice and an opportunity to comment consistent with the requirements of the Regulatory Flexibility Act. We request that public comments be submitted to us early in the analysis year concerning the small entity impact of the rules to help us in making our determinations.
In each fall Agenda, the agency will publish the results of the analyses it has completed during the previous year. For rules that had a negative finding on SEIOSNOSE, we will give a short explanation (e.g., ``these rules only establish petition processes that have no cost impact'' or ``these rules do not apply to any small entities''). For parts, subparts, or other discrete sections of rules that do have a SEIOSNOSE, we will announce that we will be conducting a formal section 610 review during the following 12 months. At this stage, we will add an entry to the Agenda in the prerulemaking section describing the review in more detail. We also will seek public comment on how best to lessen the impact of these rules and provide a name or docket to which public comments can be submitted. In some cases, the section 610 review may be part of another unrelated review of the rule. In such a case, we plan to clearly indicate which parts of the review are being conducted under section 610.
Other Reviews
The agency will also examine the specified rules to determine whether any other reasons exist for revising or revoking the rule or for rewriting the rule in plain language. In each fall Agenda, the agency will also publish
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information on the results of the examinations completed during the previous year.
Part III--List of Pending Section 610 Reviews
The Agenda identifies the pending DOT section 610 Reviews by inserting ``(Section 610 Review)'' after the title for the specific entry. For further information on the pending reviews, see the Agenda entries at www.reginfo.gov. For example, to obtain a list of all entries that are in section 610 Reviews under the Regulatory Flexibility Act, a user would select the desired responses on the search screen (by selecting ``advanced search'') and, in effect, generate the desired ``index'' of reviews.
Office of the Secretary
Section 610 and Other Reviews
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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
14 CFR part 234--Airline Service Quality Performance Reports
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 With Ongoing Analysis
14 CFR part 300--Rules of Conduct in DOT Proceedings Under This Chapter
14 CFR part 302--Rules of Practice in Proceedings
14 CFR part 303--Review of Air Carrier Agreements
14 CFR part 305--Rules of Practice in Informal Nonpublic Investigations
14 CFR part 313--Implementation of the Energy Policy and Conservation Act
14 CFR part 323--Terminations, Suspensions, and Reductions of Service
14 CFR part 325--Essential Air Service Procedures
14 CFR part 330--Procedures For Compensation of Air Carriers
14 CFR part 372--Overseas Military Personnel Charters
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Year 7 (2014) List of Rules That Will be Analyzed During the Next Year
14 CFR part 374--Implementation of the Consumer Credit Protection Act with Respect to Air Carriers and Foreign Air Carriers
14 CFR part 374a--Extension of Credit by Airlines to Federal Political Candidates
14 CFR part 375--Navigation of Foreign Civil Aircraft within the United States
14 CFR part 377--Continuance of Expired Authorizations by Operation of Law Pending Final Determination of Applications for Renewal Thereof
14 CFR part 380--Public Charters
14 CFR part 381--Special Event Tours
14 CFR part 382--Nondiscrimination On The Basis Of Disability in Air Travel
14 CFR part 383--Civil Penalties
14 CFR part 385--Staff Assignments and Review of Action under Assignments
14 CFR part 389--Fees and Charges for Special Services
14 CFR part 398--Guidelines for Individual Determinations of Basic Essential Air Service
Federal Aviation Administration
Section 610 Review Plan
The FAA has elected to use the two-step, two-year process used by most DOT modes in past plans. As such, the FAA has divided its rules into 10 groups as displayed in the table below. During the first year (the ``analysis year''), all rules published during the previous 10 years within a 10% block of the regulations will be analyzed to identify those with a SEIOSNOSE. During the second year (the ``review year''), each rule identified in the analysis year as having a SEIONOSE will be reviewed in accordance with Section 610 (b) to determine if it should be continued without change or changed to minimize impact on small entities. Results of those reviews will be published in the DOT Semiannual Regulatory Agenda.
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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.
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 7 (2014) List of Rules Analyzed and Summary of Results
14 CFR part 43--Maintenance, Preventive maintenance, Rebuilding, and Alteration
Section 610: The agency conducted a Section 610 review of this part and found no SEISNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. FAA's plain language review of these rules indicates no need for substantial revision.
14 CFR part 45--Identification and Registration Marking
Section 610: The agency conducted a Section 610 review of this part and found no SEISNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. FAA's plain language review of these rules indicates no need for substantial revision.
14 CFR part 47--Aircraft Registration
Section 610: The agency conducted a Section 610 review of this part and found no SEISNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. FAA's plain language review of these rules indicates no need for substantial revision.
14 CFR part 49--Recording of Aircraft Titles and Security Documents
Section 610: The agency conducted a Section 610 review of this part and found no SEISNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. FAA's plain language review of these rules indicates no need for substantial revision.
14 CFR part 406--Investigations, Enforcement, and Administrative Review
Section 610: The agency conducted a Section 610 review of this part and found no SEISNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. FAA's plain language review of these rules indicates no need for substantial revision.
14 CFR part 413--License Application Procedures
Section 610: The agency conducted a Section 610 review of this part and found no SEISNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. FAA's plain language review of these rules indicates no need for substantial revision.
14 CFR part 414--Safety Approvals
Section 610: The agency conducted a Section 610 review of this part and found no SEISNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. FAA's plain language review of these rules indicates no need for substantial revision.
14 CFR part 415--Launch License
Section 610: The agency conducted a Section 610 review of this part and found no SEISNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. FAA's plain language review of these rules indicates no need for substantial revision.
Year 8 (2015) List of Rules To Be Analyzed During the Next Year
14 CFR part 60--Flight Simulation Training Device Initial and Continuing Qualification and Use
14 CFR part 61--Certification: Pilots, Flight Instructors, and Ground Instructors
14 CFR part 63--Certification: Flight Crewmembers other than Pilots
14 CFR part 65--Certification: Airmen other than Flight Crewmembers
14 CFR part 67--Medical Standards and Certification
14 CFR part 71--Designation of Class A, B, C, D, and E Airspace Areas; Air Traffic Service Routes; and Reporting Points
14 CFR part 73--Special Use Airspace
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14 CFR part 77--Safe, Efficient Use, and Preservation of the Navigable Airspace
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 highway is chapter I of title 23 of the U.S.C. 145 of title 23, expressly provides for a federally assisted State program. For this reason, the regulations adopted by the FHWA in title 23 of the CFR primarily relate to the requirements that States must meet to receive Federal funds for the construction and other work related to highways. Because the regulations in title 23 primarily relate to States, which are not defined as small entities under the Regulatory Flexibility Act, the FHWA believes that its regulations in title 23 do not have a significant economic impact on a substantial number of small entities. The FHWA solicits public comment on this preliminary conclusion.
Year 6 (Fall 2013) List of Rules Analyzed and a Summary of Results
23 CFR part 645--Utilities
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 646--Railroads
Section 610: No SEIOSNOSE. No small entities are affected
General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA's plain language review of these rules indicates no need for substantial revision.
23 FR part 650--Bridges, Structures, and Hydraulics
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 652--Pedestrian and Bicycle Accommodations and Projects
Section 610: No SEIOSNOSE. No small entities are affected
General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA's plain language review of these rules indicates no need for substantial revision.
23 CFR part 655--Traffic Operations
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 656--Carpool and Vanpool Projects
Section 610: No SEIOSNOSE. No small entities are affected
General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA's plain language review of these rules indicates no need for substantial revision.
23 CFR part 657--Certification of Size and Weight Enforcement
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 658--Truck Size and Weight, Route Designations--Length, Width and Weight Limitations
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 660--Special Programs (Direct Federal)
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 661--Indian Reservation Road Bridge Program
Section 610: No SEIOSNOSE. No small entities are affected
General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA's plain language review of these rules indicates no need for substantial revision.
23 CFR part 668--Emergency Relief Program
Section 610: No SEIOSNOSE. No small entities are affected
General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA's plain language review of these rules indicates no need for substantial revision.
23 CFR part 669--Enforcement of Heavy Vehicle Use Tax
Section 610: No SEIOSNOSE. No small entities are affected
General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA's plain language review of these rules indicates no need for substantial revision.
Page 35062
Year 7 (Fall 2014) List of Rules That Will Be Analyzed During the Next Year
23 CFR part 710--Right-of-Way and Real Estate
23 CFR part 750--Highway Beautification
23 CFR part 751--Junkyard Control and Acquisition
23 CFR part 752--Landscape and Roadside Development
23 CFR part 771--Environmental Impact and Related Procedures
23 CFR part 772--Procedures for Abatement of Highway Traffic Noise and Construction Noise
23 CFR part 773--Surface Transportation Project Delivery Pilot Program
23 CFR part 774--Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites (Section 4(f))
23 CFR part 777--Mitigation of Impacts to Wetlands and Natural Habitat
23 CFR part 810--Mass Transit and Special Use Highway Projects
23 CFR part 924--Highway Safety Improvement Program
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 part 395... 2016 2017
10.................. 49 CFR parts 375, 2017 2018
377, 378.
------------------------------------------------------------------------
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 Analyzed and a Summary of Results
49 CFR part 399--Employee Safety and Health Standards
Section 610: The agency conducted a Section 610 review of these parts and found no SEIOSNOSE. While these parts affect a substantial number of small entities, the current requirements are prudent business practices and do not impose a significant economic impact.
General: No changes are needed. These regulations are cost effective and impose the least burden. FMCSA's plain language review of these rules indicates no need for substantial revision.
Year 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
Year 5 (Fall 2012) List of Rules Analyzed and a Summary of Results
49 CFR part 387--Minimum Levels of Financial Responsibility for Motor Carriers
Section 610: The agency conducted a Section 610 review of this part and found no SEIOSNOSE. While part 387 affects a substantial number of small entities, the currently required minimum levels of financial responsibility do not impose a significant economic impact because the industry standard imposed by lenders requires an even higher level of coverage.
General: On July 6, 2012, the President signed Moving Ahead for Progress in the 21st Century Act (MAP-21) into law. Section 32104 of MAP-21 directed the Secretary to issue a report on the appropriateness of: (1) The current minimum financial responsibility requirements for the transportation of passengers and property and (2) the current bond and insurance requirements for freight forwarders and brokers, including for brokers for motor carriers of passengers. FMCSA issued this report in April 2014. Section 32104 also directed the Secretary to determine the appropriateness of these requirements every four years and to issue similar reports to Congress. In its April 2014 report, FMCSA concluded that the current financial responsibility minimums are inadequate to cover the costs of some crashes. FMCSA is drafting an Advance Notice of Proposed Rulemaking to consider increasing the current levels of minimum financial responsibility.
Year 6 (Fall 2013) List of Rule(s) With Ongoing Analysis
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
Year 7 (Fall 2014) List of Rule(s) That Will Be Analyzed This Year
49 CFR part 373--Receipts and Bills
49 CFR part 374--Discrimination in Operations of Interstate Motor Common Carriers of Passengers
Page 35063
49 CFR part 376--Lease and Interchange of Vehicles
49 CFR part 379--Preservation of Records
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 6 (Fall 2013) List of Rules Analyzed and a Summary of the Results
49 CFR part 529--Manufacturers of Multistage Automobiles
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 531--Passenger Automobile Average Fuel Economy
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 533--Light Truck Fuel Economy Standards
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 534--Rights and Responsibilities of Manufacturers in the Context of Changes in Corporate Relationships
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 535--Medium- and Heavy-Duty Vehicle Fuel Efficiency Program
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 536--Transfer and Trading of Fuel Economy Credits
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 537--Automotive Fuel Economy Reports
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 538--Manufacturing Incentives for Alternative Fuel 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.
49 CFR part 541--Federal Motor Vehicle Theft Prevention Standard
Section 610: There is no SEIOSNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA's plain language review of these rules indicates no need for substantial revision.
49 CFR part 542--Procedures for Selecting Light Duty Truck Lines to be Covered by the Theft Prevention Standard
Section 610: There is no SEIOSNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA's plain language review of these rules indicates no need for substantial revision.
49 CFR part 543--Exemption From Vehicle Theft Prevention Standard
Section 610: There is no SEIOSNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA's plain language review of these rules indicates no need for substantial revision.
49 CFR part 545--Federal Motor Vehicle Theft Prevention Standard Phase-
In and Small-Volume Line Reporting Requirements
Section 610: There is no SEIOSNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA's plain language review of these rules indicates no need for substantial revision.
49 CFR part 551--Procedural Rules
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 552--Petitions for Rulemaking, Defect, and Noncompliance Orders
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 553--Rulemaking Procedures
Section 610: There is no
Page 35064
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 554--Standards Enforcement and Defects Investigation
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 555--Temporary Exemption from Motor Vehicle Safety and Bumper Standards
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 556--Exemption for Inconsequential Defect or Noncompliance
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 557--Petitions for Hearings on Notification and Remedy of Defects
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 563--Event Data Recorders
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 564--Replaceable Light Source and Sealed Beam Headlamp Information
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 565--Vehicle Identification Number (VIN) Requirements
Section 610: There is no SEIOSNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA's plain language review of these rules indicates no need for substantial revision.
49 CFR part 566--Manufacturer Identification
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 567--Certification
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 568--Vehicles Manufactured in Two or More Stages--All Incomplete, Intermediate and Final-Stage Manufacturers of Vehicles Manufactured in Two or More Stages
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 569--Regrooved 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 570--Vehicle In Use Inspection Standards
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 572--Anthropomorphic Test Devices
Section 610: There is no SEIOSNOSE.
General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA's plain language review of these rules indicates no need for substantial revision.
49 CFR part 573--Defect and Noncompliance Responsibility and Reports
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 574--Tire Identification and Recordkeeping
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 576--Record Retention
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 577--Defect and Noncompliance Notification
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 578--Civil and Criminal Penalties
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 7 (Fall 2014) List of Rules That Will Be Analyzed During the Next Year
49 CFR part 571.111--Rear Visibility
49 CFR part 571.112--Reserved
49 CFR part 571.113--Hood Latch System
49 CFR part 571.114--Theft Protection and Rollaway Prevention
49 CFR part 571.115--Reserved
49 CFR part 571.116--Motor Vehicle Brake Fluids
49 CFR part 571.117--Retreaded Pneumatic Tires
Page 35065
49 CFR part 571.118--Power-Operated Window, Partition, and Roof Panel Systems
49 CFR part 571.119--New Pneumatic Tires For Motor Vehicles With a GVWR of More Than 4,536 Kilograms (10,000 Pounds) and Motorcycles
49 CFR part 571.120--Tire Selection and Rims and Motor Home/Recreation Vehicle Trailer Load Carrying Capacity Information For Motor Vehicles With a GVWR of More Than 4,536 Kilograms (10,000 Pounds)
49 CFR part 571.121--Air Brake Systems
49 CFR part 571.122--Motorcycle Brake Systems
49 CFR part 571.122a--Motorcycle Brake Systems
49 CFR part 571.123--Motorcycle Controls and Displays
49 CFR part 571.124--Accelerator Control Systems
49 CFR part 571.125--Warning Devices
49 CFR part 571.126--Electronic Stability Control Systems
49 CFR part 571.127-571.128--Reserved
49 CFR part 571.129--New Non-pneumatic Tires For Passenger Cars
49 CFR part 580--Odometer Disclosure Requirements
49 CFR part 581--Bumper Standard
49 CFR part 582--Insurance Cost Information Regulation
49 CFR part 583--Automobile Parts Content Labeling
49 CFR part 585--Phase-In Reporting Requirements
49 CFR part 586--Reserved
49 CFR part 587--Deformable Barriers
49 CFR part 588--Child Restraint Systems Recordkeeping Requirements
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 6 (Fall 2013) List of Rules Analyzed and a Summary of Results
49 CFR part 216--Special Notice and Emergency Order Procedures: Railroad Track, Locomotive and Equipment
Section 610: There is no SEIOSNOSE.
General: Since the rule deals with the special notices for repairs of railroad freight car, locomotive, passenger equipment, and track class and prescribes for the issuance and review of emergency orders for removing dangerously substandard track from service, it will provide safety and security for railroad employees and the public. FRA's plain language review of this rule indicates no need for substantial revision.
49 CFR part 228--Hours of Service of Railroad Employees
Section 610: There is no SEIOSNOSE.
General: Since the rule prescribes reporting and recordkeeping requirements regarding the hours of service of certain railroad employees, railroad contractors and subcontractors; establishes requirements for electronic recordkeeping systems for the creation and maintenance of required hours of service records; establishes standards and procedures concerning the construction or reconstruction of sleeping quarters; establishes minimum safety and health standards for camp cars provided by a railroad as sleeping quarters; and prescribes substantive hours of service requirements for train employees engaged in commuter or intercity rail passenger transportation. It promotes the safety of railroad operations and employees. FRA's plain language review of this rule indicates no need for substantial revision.
49 CFR part 229--Railroad Locomotive Safety Standards
Section 610: There is a SEIOSNOSE. These are minimum Federal standards for railroad locomotive safety. The FRA will conduct a formal review to identify whether opportunities may exist to reduce the burden on small railroads without compromising safety standards.
General: Since the rule prescribes minimum Federal safety standards for all locomotives except those propelled by steam power, these regulations are necessary to achieve better and effective compliance of railroad locomotive safety standards and to minimize the number of casualties. FRA's plain language review of this rule indicates that there is no need for substantial revision.
Year 7 (fall 2014) List of rule(s) that will be analyzed during next year
49 CFR part 223--Safety Glazing Standards--Locomotives, Passenger Cars and Cabooses
49 CFR part 233--Signal System Reporting Requirements
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
Page 35066
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 6 (fall 2013) List of rules analyzed and summary of results
49 CFR part 622--Environmental Impact and Related Procedures
Section 610: The agency has determined that the rule does not have a significant effect on a substantial number of small entities. FTA and FHWA 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 and FHWA determined that the rule does not have a significant economic impact on entities of any size. FTA and FHWA expect the revisions to the rule will expedite environmental review. Thus, FTA and FHWA determined that the rule will not have a significant economic impact on a substantial number of small entities. FTA and FHWA received no comment on this issue in the rulemaking process.
General: FTA revised part 622 via a final rule in January 2013, in order to implement recent MAP-21 requirements (see 79 FR 2107). Part 622 cross-references 23 CFR part 771. FTA and FHWA joint procedures at 23 CFR part 771 describe how FTA and FHWA comply with NEPA and the Council on Environmental Quality (CEQ) regulations implementing NEPA. Sections 1316 and 1317 of MAP-21 require the Secretary of Transportation to promulgate regulations designating two types of actions as categorical exclusions in 23 CFR part 771: (1) Any project (as defined in 23 U.S.C. 101(a)) within an existing operational right-of-way and (2) any project that receives less than $5,000,000 of Federal funds or with a total estimated cost of not more than $30,000,000 and Federal funds comprising less than 15 percent of the total estimated project cost, respectively.
Year 7 (fall 2014) List of rules that will be analyzed during the next year
49 CFR part 630--National Transit Database
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 Analyzed and Summary of Results
46 CFR part 221--Foreign Transfer Regulations
Section 610: There is no SEIOSNOSE.
General: An updated rule was promulgated, providing technical changes including corrections to statutory references, updates to citations and addresses, and deleted other obsolete references.
46 CFR part 327--Administrative Claims
Section 610: There is no SEIOSNOSE.
General: An updated rule was promulgated, providing clarity to the public regarding the filing of administrative claims and adopting a procedural process for effectively resolving claims under the Suits in Admiralty Act, the Admiralty Extension Act and the Clarification Act.
46 CFR part 249--Approval of Underwriters for Marine Hull Insurance
Section 610: There is no SEIOSNOSE.
General: No changes are needed. MARAD's plain language review of this rule indicated no need for substantial revision.
46 CFR part 287--Establishment of Construction Reserve Funds
Section 610: There is no SEIOSNOSE.
General: No changes are needed. MARAD's plain language review of this rule indicated no need for substantial revision.
46 CFR part 295--Maritime Security Program (MSP)
Section 610: There is no SEIOSNOSE.
General: No changes are needed. MARAD's plain language review of this rule indicated no need for substantial revision.
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 272--Requirements and Procedures for Conducting Condition Surveys and Administering Maintenance and Repair Subsidy
46 CFR part 296--Maritime Security Program (MSP)
Year 5 (2012) List of Rules Analyzed and Summary of Results
46 CFR part 308--War Risk Insurance
Section 610: There is no SEIOSNOSE.
General: An updated rule was promulgated, correcting numerous citations, updating relevant agency contact and underwriting agent information, and removing other
Page 35067
obsolete references.
46 CFR part 309--War Risk Ship Valuation
Section 610: There is no SEIOSNOSE.
General: No changes are needed. MARAD's plain language review of this rule indicated no need for substantial revision.
Year 5 (2012) List of Rules With Ongoing Analysis
46 CFR part 307--Mandatory Position Report System for Vessels
Year 6 (2013) List of Rules With Ongoing Analysis
46 CFR part 310--Merchant Marine Training
Year 7 (2014) List of Rules That Will Be Analyzed During the Next Year
46 CFR part 315--Agency Agreements and Appointment of Agents
46 CFR part 317--Bonding of Ship's Personnel
46 CFR part 324--Procedural Rules for Financial Transactions Under Agency Agreements
46 CFR part 325--Procedure to be Followed by General Agents in Preparation of Invoices and Payment of Compensation Pursuant to Provisions of NSA Order No. 47
46 CFR part 326--Marine Protection and Indemnity Insurance Under Agreements with Agents
46 CFR part 327--Seamen's Claims; Administrative Action and Litigation
46 CFR part 328--Slop Chests
46 CFR part 329--Voyage Data
46 CFR part 330--Launch Services
46 CFR part 332--Repatriation of Seaman
46 CFR part 335--Authority and Responsibility of General Agents to Undertake Emergency Repairs in Foreign Ports
46 CFR part 336--Authority and Responsibility of General Agents to Undertake in Continental United States Ports Voyage Repairs and Service Equipment of Vessels Operated for the Account of the National Shipping Authority Under General Agency Agreement
46 CFR part 337--General Agent's responsibility in Connection with Foreign Repair Custom's Entries
46 CFR part 338--Procedure for Accomplishment of Vessel Repairs Under National Shipping Authority Master Lump Sum Repair Contract--NSA--
Lumpsumrep
46 CFR part 339--Procedure for Accomplishment of Ship Repairs Under National Shipping Authority Individual Contract for Minor Repairs--
NSA--Worksmalrep
46 CFR part 340--Priority Use and Allocation of Shipping Services, Container and Chassis and Port Facilities and Services for National Security and National Defense Related Operations.
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 6 (Fall 2013) List of Rules Analyzed and a Summary of Results
49 CFR part 174--Carriage by Rail
Section 610: There is no SEIOSNOSE. On August 27-28, 2013 (78 FR 42998)
PHMSA and FRA held a public meeting to address the transportation of hazardous materials by rail. This meeting was part of PHMSA and FRA's comprehensive review of operational factors that affect the safety of the transportation of hazardous materials by rail and sought input from stakeholders and interested parties. Specifically, this meeting sought comment from the regulated community including small entities on revision to part 174. PHMSA and FRA have evaluated the comments from this meeting. The comments to this public meeting noted that some small entities may be affected, but the economic impact on small entities will not be significant. As a result, the agency determined that the rules do not have a significant economic impact on a substantial number of small entities. A response to the public comments, including those of small entities, and proposals for corresponding revisions to part 174 will be included in a future rulemaking.
General: The requirements in this rule are necessary to protect rail transportation workers and the general public from the dangers associated with hazardous materials incidents in rail transportation. PHMSA's plain language review of this rule indicates no need for substantial revision; however, any revisions to part 174 as part of a future rulemaking will take into account plain language principles and where appropriate clarify unclear language.
49 CFR part 177--Carriage by Public Highway
Section 610: There is no SEIOSNOSE. This rule prescribes minimum safety standards for the transportation of hazardous materials for highway transportation. Some small entities may be affected, but the economic impact on small entities will not be significant.
General: The requirements in this rule are necessary to protect highway transportation workers and the general public from the dangers associated with hazardous materials incidents in highway transportation. PHMSA's plain language review of this rule indicates no need for substantial revision.
49 CFR part 191--Transportation of Natural and Other Gas by Pipeline; Annual Reports, Incident Reports, and Safety-Related Condition Reports
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
Page 35068
may be affected, the economic impact on small entities will not be significant.
General: No changes are needed. These regulations are cost effective and impose the least burden. PHMSA's plain language review of this rule indicates no need for substantial revision.
49 CFR part 192--Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards
Section 610: There is no SEIOSNOSE. Based on regulated entities, PHMSA found that the majority of operators are not small businesses. Therefore, though some small entities may be affected, the economic impact on small entities will not be significant.
General: No changes are needed. These regulations are cost effective and impose the least burden. PHMSA's plain language review of this rule indicates no need for substantial revision.
Year 7 (Fall 2014) List of Rules That Will Be Analyzed During the Next Year
49 CFR part 176--Carriage by Vessel
49 CFR part 199--Drug and Alcohol Testing
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
Office of the Secretary--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
184....................... + 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.
------------------------------------------------------------------------
185....................... + Applying the Flight, 2120-AK26
Duty, and Rest Rules of
14 CFR part 135 to Tail-
End Ferry Operations (FAA
Reauthorization).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Aviation Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
186....................... + Operation and 2120-AJ60
Certification of Small
Unmanned Aircraft Systems.
187....................... Changing the Collective 2120-AK06
Risk Limits for Launches
and Reentries, and
Clarifying the Risk Limit
Used to Establish Hazard
Areas for Ships and
Aircraft.
188....................... Flight Simulation Training 2120-AK08
Device (FSTD)
Qualification Standards
for Extended Envelope and
Adverse Weather Event
Training.
189....................... + Applying the Flight, 2120-AK22
Duty and Rest
Requirements to Ferry
Flights That Follow
Domestic, Flag, or
Supplemental All-Cargo
Operations;
(Reauthorization).
190....................... Reciprocal Waivers of 2120-AK44
Claims for Licensed or
Permitted Launch and
Reentry Activities (RRR).
191....................... + Reorganization.......... 2120-AK65
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Aviation Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
192....................... Acceptance Criteria for 2120-AK32
Portable Oxygen
Concentrators Used
Onboard Aircraft (RRR).
193....................... + Prohibition Against 2120-AK60
Certain Flights Within
the Baghdad (ORBB) Flight
Information Region (FIR)
Amendment.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Page 35069
Federal Aviation Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
194....................... + Drug and Alcohol Testing 2120-AK09
of Certain Maintenance
Provider Employees
Located Outside of the
United States.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Motor Carrier Safety Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
195....................... + Carrier Safety Fitness 2126-AB11
Determination.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Motor Carrier Safety Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
196....................... + Commercial Driver's 2126-AB18
License Drug and Alcohol
Clearinghouse (MAP-21).
197....................... + Electronic Logging 2126-AB20
Devices and Hours of
Service Supporting
Documents (MAP-21) (RRR).
198....................... + Lease and Interchange of 2126-AB44
Vehicles; Motor Carriers
of Passengers.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Motor Carrier Safety Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
199....................... + Entry-Level Driver 2126-AB66
Training (Section 610
Review).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Motor Carrier Safety Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
200....................... + Inspection, Repair, and 2126-AB46
Maintenance; Driver-
Vehicle Inspection Report
(RRR).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Railroad Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
201....................... + Passenger Equipment 2130-AC46
Safety Standards.
202....................... + Train Crew Staffing and 2130-AC48
Location.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Pipeline and Hazardous Materials Safety Administration--Proposed Rule
Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
203....................... + Pipeline Safety: Safety 2137-AE66
of Onshore Liquid
Hazardous Pipelines.
204....................... Pipeline Safety: Issues 2137-AE93
Related to the Use of
Plastic Pipe in Gas
Pipeline Industry.
205....................... + Pipeline Safety: 2137-AE94
Operator Qualification,
Cost Recovery, Accident
and Incident
Notification, and Other
Changes (RRR).
206....................... + Pipeline Safety: 2137-AF06
Amendments to Parts 192
and 195 to Require Valve
Installation and Minimum
Rupture Detection
Standards.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Page 35070
Pipeline and Hazardous Materials Safety Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
207....................... + Hazardous Materials: 2137-AE91
Enhanced Tank Car
Standards and Operational
Controls for High-Hazard
Flammable Trains.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Maritime Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
208....................... + Cargo Preference........ 2133-AB74
------------------------------------------------------------------------
+ DOT-designated significant regulation.
DEPARTMENT OF TRANSPORTATION (DOT)
Office of the Secretary (OST)
Final Rule Stage
184. + 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 also would require airlines and ticket agents to disclose at all points of sale the fees for certain basic ancillary services associated with the air transportation consumers are buying or considering buying. Other proposals in this NPRM to enhance airline passenger protections include: expanding the pool of reporting'' carriers; requiring enhanced reporting by mainline carriers for their domestic code-share partner operations; requiring large travel agents to adopt minimum customer service standards; codifying the statutory requirement that carriers and ticket agents disclose any code-share arrangements on their Web sites; and prohibiting unfair and deceptive practices such as undisclosed biasing and post-purchase price increases. The Department also is 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 there may be other options available. Additionally, this NPRM would correct drafting errors and make minor changes to the Department's second Enhancing Airline Passenger Protections rule to conform to guidance issued by the Department's Office of Aviation Enforcement and Proceedings (Enforcement Office) regarding its interpretation of the rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/23/14 79 FR 29970
NPRM Comment Period End............. 08/21/14
Final Rule.......................... 12/00/15
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Blane A Workie, Principal Deputy Assistant General Counsel, Department of Transportation, Office of the Secretary, 1200 New Jersey Ave. SE., Washington, DC 20590, Phone: 202 366-9342, TDD Phone: 202 755-7687, Fax: 202 366-7152, Email: blane.workie@dot.gov.
RIN: 2105-AE11
BILLING CODE 4910-9X-P
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Prerule Stage
185. + Applying the Flight, Duty, and Rest Rules of 14 CFR Part 135 to Tail-End Ferry Operations (FAA Reauthorization)
Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 1153; 49 U.S.C. 40101; 49 U.S.C. 40102; 49 U.S.C. 40103; 49 U.S.C. 40113; 49 U.S.C. 41706; 49 U.S.C. 44105; 49 U.S.C. 44106; 49 U.S.C. 44111; 49 U.S.C. 44701 to 44717; 49 U.S.C. 44722; 49 U.S.C. 44901; 49 U.S.C. 44903; 49 U.S.C. 44904; 49 U.S.C. 44906; 49 U.S.C. 44912; 49 U.S.C. 44914; 49 U.S.C. 44936; 49 U.S.C. 44938; 49 U.S.C. 45101 to 45105; 49 U.S.C. 46103
Abstract: This rulemaking would require a flightcrew member who is employed by an air carrier conducting operations under part 135, and who accepts an additional assignment for flying under part 91 from the air carrier or from any other air carrier conducting operations under part 121 or 135, to apply the period of the additional assignment toward any limitation applicable to the flightcrew member relating to duty periods or flight times under part 135.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 08/00/15
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dale Roberts, Department of Transportation, Federal Aviation Administration, 800 Independence Ave. SW., Washington, DC 20591, Phone: 202 267-5749, Email: dale.roberts@faa.gov.
RIN: 2120-AK26
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Proposed Rule Stage
186. + Operation and Certification of Small Unmanned Aircraft Systems
Legal Authority: 49 U.S.C. 44701; Pub. L. 112-95
Abstract: This rulemaking would adopt specific rules to allow the operation of small unmanned aircraft systems in the National Airspace System. These changes would address the operation of unmanned aircraft systems, certification of their operators, registration, and display of registration markings. The rulemaking also would find that airworthiness certification is not required for small unmanned aircraft system operations that would be subject to this proposed rule. Lastly, the rulemaking would prohibit model
Page 35071
aircraft from endangering the safety of the National Airspace System.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/23/15 80 FR 9544
NPRM Comment Period End............. 04/24/15
Analyzing Comments.................. 08/00/15
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Lance Nuckolls, Unmanned Aircraft Systems Integration Office, Department of Transportation, Federal Aviation Administration, 490 L'Enfant Plaza SW., Washington, DC 20024, Phone: 202 267-8447, Email: uas-rule@faa.gov.
RIN: 2120-AJ60
187. Changing the Collective Risk Limits for Launches and Reentries, and Clarifying the Risk Limit Used To Establish Hazard Areas for Ships and Aircraft
Legal Authority: 51 U.S.C. 50901 to 50923
Abstract: This rulemaking would revise the collective risk limits for commercial launches and reentries. With this rulemaking, the FAA would separate its expected-number-of-casualties limits for launches and reentries. For commercial launches, the FAA would aggregate the expected-number-of-casualties posed by the following hazards: (1) Impacting inert and explosive debris, (2) toxic release, and (3) far field blast overpressure to one times ten to the minus four. This rulemaking would also clarify the regulatory requirements concerning hazard areas for ships and aircraft.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/21/14 79 FR 42241
NPRM Comment Period End............. 10/20/14
Analyzing Comments.................. 06/00/15
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Rene Rey, Licensing and Safety Division, Office of Commercial Space, Department of Transportation, Federal Aviation Administration, 800 Independence Ave. SW., Washington, DC 20590, Phone: 202 267-7538, Email: rene.rey@faa.gov.
RIN: 2120-AK06
188. Flight Simulation Training Device (FSTD) Qualification Standards for Extended Envelope and Adverse Weather Event Training
Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 40113; 49 U.S.C. 44701; Pub. L. 111-216
Abstract: This rulemaking would amend evaluation qualifications for simulators to ensure the simulators are technically capable of performing new flight training tasks as identified in the Airline Safety and Federal Aviation Administration Extension Act of 2010 (Pub. L. 111-216) and that are included in a separate rulemaking (2120-AJ00). By ensuring the simulators provide an accurate and realistic simulation, this rulemaking would allow for training on the following tasks: (1) Full/aerodynamic stall, and (2) upset recognition and recovery, as identified in Pub. L. 111-216. Furthermore, this rulemaking would improve the minimum FSTD evaluation requirements for gusting crosswinds (takeoff/landing), engine and airframe icing, and bounced landing recovery methods in response to NTSB and Aviation Rulemaking Committee recommendations. The intended effect is to ensure an adequate level of simulator fidelity.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/10/14 79 FR 39461
NPRM Comment Period Extended........ 09/16/14 79 FR 55407
NPRM Comment Period End............. 10/08/14
Comment Period Extended............. 01/06/15
Analyzing Comments.................. 06/00/15
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Larry McDonald, Department of Transportation, Federal Aviation Administration, P.O. Box 20636, Atlanta, GA 30320, Phone: 404-474-5620, Email: larry.e.mcdonald@faa.gov.
RIN: 2120-AK08
189. + Applying the Flight, Duty and Rest Requirements to Ferry Flights That Follow Domestic, Flag, or Supplemental All-Cargo Operations; (Reauthorization)
Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 40113; 49 U.S.C. 40119; 49 U.S.C. 41706; 49 U.S.C. 44101; 49 U.S.C. 44701; 49 U.S.C. 44702; 49 U.S.C. 44705; 49 U.S.C. 44709 to 44711; 49 U.S.C. 44713; 49 U.S.C. 44716; 49 U.S.C. 44717
Abstract: This rulemaking would require a flightcrew member who accepts an additional assignment for flying under part 91 from the air carrier or from any other air carrier conducting operations under part 121 or 135 of such title, to apply the period of the additional assignment toward any limitation applicable to the flightcrew member relating to duty periods or flight times. This rule is necessary to make part 121 flight, duty, and rest limits applicable to tail-end ferries that follow an all-cargo flight.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/15
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dale Roberts, Department of Transportation, Federal Aviation Administration, 800 Independence Ave. SW., Washington, DC 20591, Phone: 202 267-5749, Email: dale.roberts@faa.gov.
RIN: 2120-AK22
190. Reciprocal Waivers of Claims for Licensed or Permitted Launch and Reentry Activities (RRR)
Legal Authority: 49 U.S.C. 322; 51 U.S.C. 50910 to 50923
Abstract: This rulemaking would extend the waiver of claims for all customers involved in a launch or reentry, amend the requirement describing which entities are required to sign the statutorily-mandated waiver of claims, and add a new waiver template for the customeracutes use. This rulemaking would ease the administrative burden on customers, licensees, permittees, and the FAA, especially when a new customer is added only a short time before the scheduled launch or reentry.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/13/15 80 FR 2015
NPRM Comment Period End............. 03/16/15
Analyzing Comments.................. 06/00/15
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Shirley McBride, Department of Transportation, Federal Aviation Administration, 800 Independence Ave. SW., Washington, DC 20591, Phone: 202 267-7470, Email: shirley.mcbride@faa.gov.
RIN: 2120-AK44
Page 35072
191. +Reorganization
Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 40113; 49 U.S.C. 44701; 49 U.S.C. 44702; 49 U.S.C. 44704
Abstract: This rulemaking would revise title 14, Code of Federal Regulations (14 CFR) part 23 as a set of performance-based regulations for the design and certification of small transport category aircraft. This rulemaking would: (1) Reorganize part 23 into performance-based requirements by removing the detailed design requirements from part 23. The detailed design provisions that would assist applicants in complying with the new performance-based requirements would be identified in means of compliance (MOC) documents to support this effort; (2) promote the adoption of the newly created performance-based airworthiness design standard as an internationally accepted standard by the majority of other civil aviation authorities; (3) realign the part 23 requirements to promote the development of entry-level airplanes similar to those certified under Certification Specification for Very Light Aircraft (CS-VLA); (4) enhance the FAA's ability to address new technology; (5) increase the general aviation (GA) level of safety provided by new and modified airplanes; (6) amend the stall, stall warning, and spin requirements to reduce fatal accidents and increase crashworthiness by allowing new methods for occupant protection; and (7) address icing conditions that are currently not included in part 23 regulations.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/15
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Lowell Foster, Department of Transportation, Federal Aviation Administration, 901 Locust St., Kansas City, MO 64106, Phone: 816-329-4125, Email: lowell.foster@faa.gov.
RIN: 2120-AK65
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Final Rule Stage
192. Acceptance Criteria for Portable Oxygen Concentrators Used Onboard Aircraft (RRR)
Legal Authority: 49 U.S.C. 106(f); 49 U.S.C. 106(g); 49 U.S.C. 1155; 49 U.S.C. 40103; 49 U.S.C. 40105; 49 U.S.C. 40109; 49 U.S.C. 40113; 49 U.S.C. 40119; 49 U.S.C. 40120; 49 U.S.C. 41706; 49 U.S.C. 44101; 49 U.S.C. 44110; 49 U.S.C. 44111; 49 U.S.C. 44502; 49 U.S.C. 44701; 49 U.S.C. 44702; 49 U.S.C. 44704; 49 U.S.C. 44705; 49 U.S.C. 44709 to 44713; 49 U.S.C. 44715 to 44717; 49 U.S.C. 44722; 49 U.S.C. 45101 to 45105; 49 U.S.C. 46102; 49 U.S.C. 46105; 49 U.S.C. 46306; 49 U.S.C. 46315; 49 U.S.C. 46316; 49 U.S.C. 46504; 49 U.S.C. 46506; 49 U.S.C. 46507; 49 U.S.C. 47122; 49 U.S.C. 47508; 49 U.S.C. 47528 to 47531; 61 Stat. 1180--Articles 12 and 29
Abstract: This rulemaking would establish FAA acceptance criteria for portable oxygen concentrators (POC) used by passengers in air carrier operations, commercial operations, and certain other operations using large aircraft. To identify POCs that satisfy the FAA acceptance criteria, POC manufacturers will affix a label on the exterior of the device. With the establishment of POC acceptance criteria, the FAA will discontinue the use of Special Federal Aviation Regulation (SFAR) No. 106 (``the SFAR''), removing it from title 14 of the Code of Federal Regulations (14 CFR) parts 121, 125, and 135. POCs currently identified in the SFAR will continue to be identified in the regulatory text of the final rule as approved for use on aircraft and will not require a label prior to use.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/19/14 79 FR 56288
NPRM Comment Period End............. 11/18/14
Final Rule.......................... 01/00/16
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Denise K Deaderick, Air Transportation Division, Department of Transportation, Federal Aviation Administration, 800 Independence Ave. SW., Washington, DC 20591, Phone: 202 267-8166, Email: dk.deaderick@faa.gov.
RIN: 2120-AK32
193. +Prohibition Against Certain Flights Within the Baghdad (ORBB) Flight Information Region (FIR) Amendment
Legal Authority: 126 Stat. 11; 49 U.S.C. 106(f); 49 U.S.C. 106(g); 49 U.S.C. 1155; 49 U.S.C. 40101; 49 U.S.C. 40103; 49 U.S.C. 40105; 49 U.S.C. 40113; 49 U.S.C. 40120; 49 U.S.C. 44101; 49 U.S.C. 44111; 49 U.S.C. 44701; 49 U.S.C. 44704; 49 U.S.C. 44709; 49 U.S.C. 44711; 49 U.S.C. 44712; 49 U.S.C. 44715; 49 U.S.C. 44716; 49 U.S.C. 44717; 49 U.S.C. 44722; 49 U.S.C. 46306; 49 U.S.C. 46315; 49 U.S.C. 46316; 49 U.S.C. 46504; 49 U.S.C. 46506; 49 U.S.C. 46507; 49 U.S.C. 47122; 49 U.S.C. 47508; 49 U.S.C. 47528 to 47531; 49 U.S.C. 47534; 61 Stat. 1180
Abstract: This action amends Special Federal Aviation Regulation (SFAR) No. 77, section 91.1605, Prohibition Against Certain Flights Within the Territory and Airspace of Iraq, which prohibits certain flight operations in the territory and airspace of Iraq by all United States (U.S.) air carriers, U.S. commercial operators, persons exercising the privileges of a U.S. airman certificate, except when such persons are operating a U.S.-registered civil aircraft for a foreign air carrier, and operators of U.S. registered civil aircraft, except when such operators are foreign air carriers. On August 8, 2014, the FAA issued a Notice-to-Airmen (NOTAM) prohibiting flight operations in the ORBB FIR at all altitudes, subject to certain limited exceptions, due to the armed conflict in Iraq. This amendment to SFAR No. 77, section 91.1605, incorporates the flight prohibition set forth in the August 8, 2014, NOTAM into the rule. The FAA is also making technical corrections to a previously published amendment to SFAR No. 77, section 91.1605, revising the approval process for this SFAR for other U.S. Government departments, agencies, and instrumentalities, to make it more similar to the approval process for other recently published flight prohibition SFARs, and adding an expiration date.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 05/00/15
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Robert Frenzel, Department of Transportation, Federal Aviation Administration, 800 Independence Ave. SW., Washington, DC 20591, Phone: 202 267-7638.
RIN: 2120-AK60
Page 35073
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Long-Term Actions
194. +Drug and Alcohol Testing of Certain Maintenance Provider Employees Located Outside of the United States
Legal Authority: 14 CFR; 49 U.S.C. 106(g); 49 U.S.C. 40113; 49 U.S.C. 44701; 49 U.S.C. 44702; 49 U.S.C. 44707; 49 U.S.C. 44709; 49 U.S.C. 44717
Abstract: This rulemaking is required by the FAA Modernization and Reform 2012. It would require controlled substance testing of some employees working in repair stations located outside the United States. The intended effect is to increase participation by companies outside of the United States in testing of employees who perform safety critical functions and testing standards similar to those used in the repair stations located in the United States. This action is necessary to increase the level of safety of the flying public. This rulemaking is required by the FAA Modernization and Reform Act of 2012.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 03/17/14 79 FR 14621
Comment Period Extended............. 05/01/14 79 FR 24631
ANPRM Comment Period End............ 05/16/14 .......................
Comment Period End.................. 07/17/14 .......................
-----------------------------------
Next Action Undetermined............ To Be Determined
------------------------------------------------------------------------
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
BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Motor Carrier Safety Administration (FMCSA)
Proposed Rule Stage
195. +Carrier Safety Fitness Determination
Legal Authority: Section 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 that result in death, injuries, and property damage on U.S. highways by more effectively using FMCSA data and resources to identify unfit motor carriers and remove them from the Nation's roadways.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/15 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Bryan Price, Transportation Specialist, Department of Transportation, Federal Motor Carrier Safety Administration, 1000 Liberty Ave., Suite 300, Pittsburgh, PA 15222, Phone: 412 395-4816, Email: bryan.price@dot.gov.
RIN: 2126-AB11
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Motor Carrier Safety Administration (FMCSA)
Final Rule Stage
196. +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 driver's license (CDL) holders and refusals by such drivers to submit to testing. This rulemaking would require employers of CDL holders and service agents to report positive test results and refusals to test into the Clearinghouse. Prospective employers, acting on an application for a CDL driver position with the applicant's written consent to access the Clearinghouse, would query the Clearinghouse to determine if any specific information about the driver applicant is in the Clearinghouse before allowing the applicant to be hired and to drive CMVs. This rulemaking is intended to increase highway safety by ensuring CDL holders, who have tested positive or have refused to submit to testing, have completed the U.S. DOT's return-to-duty process before driving CMVs in interstate or intrastate commerce. It is also intended to ensure that employers are meeting their drug and alcohol testing responsibilities. Additionally, provisions in this rulemaking would also be responsive to requirements of the Moving Ahead for Progress in the 21st Century (MAP-21) Act to create the Clearinghouse by 10/01/14.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/20/14 79 FR 9703
NPRM Comment Period End............. 04/21/14 .......................
NPRM Comment Period End............. 04/22/14 .......................
NPRM Comment Period Extended........ 04/22/14 79 FR 22467
Final Rule.......................... 01/00/16 .......................
------------------------------------------------------------------------
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
197. +Electronic Logging Devices and Hours of Service Supporting Documents (MAP-21) (RRR)
Legal Authority: 49 U.S.C. 31502; 31136(a); Pub. L. 103.311; 49 U.S.C. 31137(a)
Abstract: This rulemaking would establish the following: (1) Minimum performance and design standards for hours-of-service (HOS) electronic logging devices (ELDs); (2) requirements for the mandatory use of these devices by drivers currently required to prepare HOS records of duty status (RODS); (3) requirements concerning HOS supporting documents; and (4) measures to address concerns about harassment resulting from the mandatory use of ELDs.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/01/11 76 FR 5537
NPRM Comment Period End............. 02/28/11 .......................
NPRM Comment Period Extended........ 03/10/11 76 FR 13121
Page 35074
NPRM Comment Period Extended End.... 05/23/11 .......................
SNPRM............................... 03/28/14 79 FR 17656
SNPRM Comment Period End............ 05/27/14 .......................
Final Rule.......................... 09/00/15 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Brian Routhier, Department of Transportation, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave. SE., Washington, DC 20590, Phone: 202 366-1225, Email: brian.routhier@dot.gov.
RIN: 2126-AB20
198. +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 adopts 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 FMCSA in writing before leasing or otherwise transferring control of their vehicles to other carriers. This action would ensure that unsafe passenger carriers do not 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, this final rule for passenger-carrying CMVs is focused entirely on operational safety.
Timetable:
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Action Date FR Cite
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NPRM................................ 09/20/13 78 FR 57822
NPRM Comment Period End............. 11/19/13 .......................
Final Rule.......................... 09/00/15 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Wesley Barber, Transportation Specialist, Department of Transportation, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave. SE., Washington, DC 20590, Phone: 202 385-2428, Email: wesley.barber@dot.gov.
RIN: 2126-AB44
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Motor Carrier Safety Administration (FMCSA)
Long-Term Actions
199. +Entry-Level Driver Training (Section 610 Review)
Legal Authority: 49 U.S.C. 31136
Abstract: The Agency is in the pre-rulemaking stage for this project. It will move forward with a product that focuses on the MAP-21 mandate and make the best use of the wealth of information provided by stakeholders since the publication of the 2007 NPRM.
Timetable:
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Action Date FR Cite
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NPRM................................ To Be Determined
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Regulatory Flexibility Analysis Required: No.
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-AB66
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Motor Carrier Safety Administration (FMCSA)
Completed Actions
200. +Inspection, Repair, and Maintenance; Driver-Vehicle Inspection Report (RRR)
Legal Authority: 49 U.S.C. 31502(b)
Abstract: This rulemaking would rescind the requirement that commercial motor vehicle (CMV) drivers operating in interstate commerce submit, and motor carriers retain, driver-vehicle inspection reports when the driver has neither found nor been made aware of any vehicle defects or deficiencies. Specifically, this rulemaking would remove a significant information collection burden without adversely impacting safety. This rulemaking responds in part to the President's January 2012 Regulatory Review and Reform initiative.
Timetable:
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Action Date FR Cite
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NPRM................................ 08/07/13 78 FR 48125
NPRM Comment Period End............. 10/07/13 .......................
Final Rule.......................... 12/18/14 79 FR 75437
Final Rule Effective................ 12/18/14 .......................
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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
BILLING CODE 4910-EX-P
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Railroad Administration (FRA)
Proposed Rule Stage
201. +Passenger Equipment Safety Standards
Legal Authority: 49 U.S.C. 20103
Abstract: This rulemaking would amend 49 CFR part 238 to update existing safety standards for passenger rail equipment. Specifically, the proposed rulemaking would add standards for alternative compliance with requirements for Tier I passenger equipment, increase the maximum authorized speed for Tier II passenger equipment, and add requirements for a new Tier III category of passenger equipment.
Timetable:
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Action Date FR Cite
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NPRM................................ 09/00/15
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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.
Page 35075
RIN: 2130-AC46
202. +Train Crew Staffing and Location
Legal Authority: 28 U.S.C. 2461, note; 49 CFR 1.89; 49 U.S.C. 20103; 49 U.S.C. 20107; 49 U.S.C. 21301 to 21302; 49 U.S.C. 21304
Abstract: This rulemaking would add minimum requirements for the size of different train crew staffs, depending on the type of operation. The minimum crew staffing requirements would reflect the safety risks posed to railroad employees, the general public, and the environment. This rulemaking also would establish minimum requirements for the roles and responsibilities of the second train crew member on a moving train, and promote safe and effective teamwork. Additionally, this rulemaking would permit a railroad to submit information to FRA and seek approval if it wants to continue an existing operation with a one-person train crew or start up an operation with less than two crew members.
Timetable:
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Action Date FR Cite
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NPRM................................ 06/00/15
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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-AC48
BILLING CODE 4910-06-P
DEPARTMENT OF TRANSPORTATION (DOT)
Pipeline and Hazardous Materials Safety Administration (PHMSA)
Proposed Rule Stage
203. +Pipeline Safety: Safety of Onshore 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 the following: 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; whether valve spacing requirements are needed on new construction or existing pipelines; and if PHMSA should extend regulation to certain pipelines currently exempt from regulation. The agency also would address the public safety and environmental aspects of any new requirements, as well as the cost implications and regulatory burden.
Timetable:
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Action Date FR Cite
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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................................ 08/00/15
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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 Ave. SE., Washington, DC 20590, Phone: 202 366-0434, Email: john.gale@dot.gov.
RIN: 2137-AE66
204. Pipeline Safety: Issues Related to the Use of Plastic Pipe in Gas Pipeline Industry
Legal Authority: 49 U.S.C. 60101 et seq.
Abstract: This rulemaking would address a number of topics related to the use of plastic pipe in the gas pipeline industry. These topics include certain newer types of plastic pipe such as PE (polyethylene), PA11 (polyamide 11), PA12 (polyamide 12), 50-year markings, design factors, risers, incorporation by reference of certain plastic pipe related standards, and tracking and traceability.
Timetable:
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Action Date FR Cite
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NPRM................................ 05/00/15
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Cameron H. Satterthwaite, Transportation Regulations Specialist, Department of Transportation, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Ave. SE., Washington, DC 20590, Phone: 202 366-8553, Email: cameron.satterthwaite@dot.gov.
RIN: 2137-AE93
205. +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:
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Action Date FR Cite
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NPRM................................ 08/00/15
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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 Ave. SE., Washington, DC 20590, Phone: 202 366-0434, Email: john.gale@dot.gov.
RIN: 2137-AE94
206. +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 rule would propose installation of automatic shut-
off valves, remote controlled valves, or equivalent technology and establish performance-based meaningful metrics for rupture detection for gas and liquid transmission pipelines. Rupture detection metrics will be integrated with ASV and RCV placement to improve 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:
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Action Date FR Cite
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NPRM............................ 09/00/15
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Regulatory Flexibility Analysis Required: Yes.
Page 35076
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
DEPARTMENT OF TRANSPORTATION (DOT)
Pipeline and Hazardous Materials Safety Administration (PHMSA)
Final Rule Stage
207. +Hazardous Materials: Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains
Legal Authority: 49 U.S.C. 5101 et seq.et seq.
Abstract: This rulemaking would amend operational requirements for certain trains transporting a large volume of flammable materials, provide improvements in tank car standards, and revise the general requirements for offerors to ensure proper classification and characterization of mined gases and liquids. These new requirements are designed to lessen the consequences of derailments involving ethanol, crude oil, and certain trains transporting a large volume of flammable materials. The growing reliance on trains to transport large volumes of flammable materials poses a significant risk to life, property, and the environment. The proposed changes also address National Transportation Safety Board (NTSB) recommendations on accurate classification, enhanced tank cars, rail routing, oversight, and adequate response capabilities.
Timetable:
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Action Date FR Cite
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ANPRM............................... 09/06/13 78 FR 54849
ANPRM Comment Period End............ 11/05/13
Comment Period Extended............. 11/05/13 78 FR 66326
Comment Period End.................. 12/05/13
NPRM................................ 08/01/14 79 FR 45015
NPRM Comment Period End............. 09/30/14
Final Rule.......................... 05/08/15 80 FR 26643
Final Rule Effective................ 07/07/15
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ben Supko, Transportation Regulations Specialist, Department of Transportation, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Av. SE., Washington, DC 20590, Phone: 202 366-8553, Email: ben.supko@dot.gov.
RIN: 2137-AE91
BILLING CODE 4910-60-P
DEPARTMENT OF TRANSPORTATION (DOT)
Maritime Administration (MARAD)
Proposed Rule Stage
208. +Cargo Preference
Legal Authority: 49 CFR 1.66; 46 app U.S.C. 1101; 46 app U.S.C. 1241; 46 U.S.C. 2302 (e)(1); Pub. L. 91-469
Abstract: This rulemaking would revise and clarify the cargo preference regulations that have not been revised substantially since 1971. The rulemaking would also implement statutory changes, including section 3511, Public Law 110-417, of The National Defense Authorization Act for FY 2009, which provides enforcement authority.
Timetable:
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Action Date FR Cite
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NPRM............................ 05/00/15
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Christine Gurland, Department of Transportation, Maritime Administration, 1200 New Jersey Ave. SE., Washington, DC 20590, Phone: 202 366-5157, Email: christine.gurland@dot.gov.
RIN: 2133-AB74
FR Doc. 2015-14366 Filed 6-17-15; 8:45 am
BILLING CODE 4910-81-P
