Part XI

 
CONTENT

November 11, 2009 (Volume 74, Number 89)

Unified Agenda

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID: f:ua090511.wais

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Department of Transportation

Part XI

Semiannual Regulatory Agenda

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DEPARTMENT OF TRANSPORTATION (DOT)

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.

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 agenda provides the public with information about the Department of Transportation's regulatory activity. It is expected that this information will enable the public to be more aware of and allow it to more effectively participate in the

Department's regulatory activity. The public is also invited to submit comments on any aspect of this agenda.

FOR FURTHER INFORMATION CONTACT:

General

You should direct all comments and inquiries on the agenda in general to Neil R. Eisner, Assistant General Counsel for Regulation and Enforcement, Department of Transportation, 1200 New Jersey

Avenue SE., Washington, DC 20590, (202) 366-4723.

Specific

You should direct all comments and inquiries on particular items in the agenda to the individual listed for the regulation or the general rulemaking contact person for the operating administration in Appendix B. Individuals who use a telecommunications device for the deaf (TDD) may call (202) 755- 7687.

Table of Contents

Supplementary Information:

Background

Significant/Priority Rulemakings

Explanation of Information on the Agenda

Request for Comments

Purpose

Appendix A-Instructions for Obtaining Copies of Regulatory Documents

Appendix B-General Rulemaking Contact Persons

Appendix C-Public Rulemaking Dockets

Appendix D-Review Plans for Section 610 and Other Requirements Agenda

SUPPLEMENTARY INFORMATION:

Background

Improvement of our regulations is a prime goal of the

Department of Transportation (Department or DOT). There should be no more regulations than necessary, and those that are issued should be simpler, more comprehensible, and less burdensome.

Regulations should not be issued without appropriate involvement of the public; once issued, they should be periodically reviewed and revised, as needed, to assure that they continue to meet the needs for which they originally were designed. To view additional information about the Department of Transportation's regulatory activities online, go to http://regs.dot.gov.

To help the Department achieve these goals and in accordance with Executive Order 12866 ``Regulatory Planning and Review'' (58

FR 51735; October 4, 1993) and the Department's Regulatory Policies and Procedures (44 FR 11034; February 26, 1979), the Department prepares a semiannual regulatory agenda. It summarizes all current and projected rulemaking, reviews of existing regulations, and completed actions of the Department. These are matters on which action has begun or is projected during the succeeding 12 months or such longer period as may be anticipated or for which action has been completed since the last agenda.

The agendas are based on reports submitted by the offices initiating the rulemaking and are reviewed by the Department

Regulations Council. The Department's last agenda was published in the Federal Register on November 24, 2008 (73 FR 71402). The next one is scheduled for publication in the Federal Register in October 2009.

The Internet is the basic means for disseminating the Unified

Agenda. The complete Unified Agenda is available online at www.reginfo.gov, in a format that offers users a greatly enhanced ability to obtain information from the Agenda database.

Because publication in the Federal Register is mandated for the regulatory flexibility agendas required by the Regulatory

Flexibility Act (5 U.S.C. 602), DOT's printed agenda entries include only: 1. The Agency's agenda preamble; 2. Rules that are in the Agency's regulatory flexibility agenda, in accordance with the Regulatory Flexibility Act, because they are likely to have a significant economic impact on a substantial number of small entities; and 3. Any rules that the Agency has identified for periodic review under section 610 of the Regulatory Flexibility Act.

Printing of these entries is limited to fields that contain information required by the Regulatory Flexibility Act's Agenda requirements. These elements are: Sequence Number; Title; Section 610 Review, if applicable; Legal Authority; Abstract; Timetable;

Regulatory Flexibility Analysis Required; Agency Contact; and

Regulation Identifier Number (RIN). Additional information (for detailed list see section heading ``Explanation of Information on the Agenda'') on these entries is available in the Unified Agenda published on the Internet.

Significant/Priority Rulemakings

The agenda covers all rules and regulations of the Department.

We have classified rules as a DOT agency priority in the agenda if they are, essentially, very costly, controversial, or of substantial public interest under our Regulatory Policies and

Procedures. All DOT agency priority rulemaking documents are subject to review by the Secretary of Transportation. If the Office of Management and Budget (OMB) decides a rule is subject to its review under Executive Order 12866, we have classified it as significant in the agenda.

Explanation of Information on the Agenda

The format for this agenda is required by a spring 2009 memorandum from the Office of Management and Budget.

First, the agenda is divided by initiating offices. Then, the agenda is

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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 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.''

For nonsignificant regulations issued routinely and frequently as a part of an established body of technical requirements (such as the Federal Aviation Administration's Airspace Rules), to keep those requirements operationally current, we only include the general category of the regulations, the identity of a contact office or official, and an indication of the expected number of regulations; we do not list individual regulations.

In the ``Timetable'' column, we use abbreviations to indicate the particular documents being considered. ANPRM stands for Advance

Notice of Proposed Rulemaking, SNPRM for Supplemental Notice of

Proposed Rulemaking, and NPRM for Notice of Proposed Rulemaking.

Listing a future date in this column does not mean we have made a decision to issue a document; it is the earliest date on which we expect to make a decision on whether to issue it. In addition, these dates are based on current schedules. Information received subsequent to the issuance of this agenda could result in a decision not to take regulatory action or in changes to proposed publication dates. For example, the need for further evaluation could result in a later publication date; evidence of a greater need for the regulation could result in an earlier publication date.

Finally, a dot () preceding an entry indicates that the entry appears in the agenda for the first time.

Request for Comments

General

Our agenda is intended primarily for the use of the public.

Since its inception, we have made modifications and refinements that we believe provide the public with more helpful information, as well as make the agenda easier to use. We would like you, the public, to make suggestions or comments on how the agenda could be further improved.

Reviews

We also seek your suggestions on which of our existing regulations you believe need to be reviewed to determine whether they should be revised or revoked. We particularly draw your attention to the Department's review plan in Appendix D.

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 (Section 610

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

Federalism

Executive Order 13132 requires us to develop an accountable process to ensure ``meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.'' ``Policies that have federalism implications'' are defined in the Executive order to include regulations that have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, we encourage State and local governments to provide us with information about how the

Department's rulemakings impact them.

Purpose

The Department is publishing this regulatory agenda in the

Federal Register to share with interested members of the public the

Department's preliminary expectations regarding its future regulatory actions. This should enable the public to be more aware of the Department's regulatory activity and should result in more effective public participation. This publication in the Federal

Register does not impose any binding obligation on the Department or any of the offices within the Department with regard to any specific item on the agenda. Regulatory action, in addition to the items listed, is not precluded.

Dated: March 25, 2009.

Ray LaHood,

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 agenda, are available through the Internet at http://www.regulations.gov. See

Appendix C for more information.

Federal Highway Administration (FHWA)

(Name of contact person), Federal Highway Administration, 1200

New Jersey Avenue SE., Washington, DC 20590.

Federal Motor Carrier Safety Administration (FMCSA)

LaKisha Pearson, Federal Motor Carrier Safety Administration, 1200

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New Jersey Avenue SE., Washington, DC 20590.

Federal Railroad Administration (FRA)

Michelle Silva, Docket Clerk, Federal Railroad Administration, 1200 New Jersey Avenue SE., Room W31-109, Washington, DC 20590; telephone (202) 493-6030.

National Highway Traffic Safety Administration (NHTSA)

(Name of contact person), National Highway Traffic Safety

Administration, 1200 New Jersey Avenue SE., Washington, DC 20590.

Federal Transit Administration (FTA)

(Name of contact person), Federal Transit Administration, 1200

New Jersey Avenue SE., Washington, DC 20590.

Saint Lawrence Seaway Development Corporation (SLSDC)

(Name of contact person), Saint Lawrence Seaway Development

Corporation, 1200 New Jersey Avenue SE., Washington, DC 20590.

Pipeline and Hazardous Materials Safety Administration (PHMSA)

(Name of contact person), Pipeline and Hazardous Materials

Safety Administration (PHMSA), 1200 New Jersey Avenue SE.,

Washington, DC 20590.

Maritime Administration (MARAD)

Kimberly Lewis, Maritime Administration, 1200 New Jersey Avenue

SE., Washington, DC 20590, (202) 366-5158.

The Research and Innovative Technology Administration (RITA)

(Name of contact person), The Research and Innovative

Technology Administration (RITA),1200 New Jersey Avenue SE.,

Washington, DC 20590.

Federal Aviation Administration (FAA)

To obtain a copy of a specific Federal Aviation Administration

(FAA) regulatory document in the agenda, you should communicate directly with the contact person listed with the regulation at the address or telephone number listed; access the FAA's Regulations and Policies web page at http://www.faa. gov/regulations--policies/

; call (202) 267-9680; or write to us at Federal Aviation

Administration, Office of Rulemaking, ARM-1, 800 Independence

Avenue SW., Washington, DC 20591.

Office of the Secretary (OST)

To obtain a copy of a specific regulatory document or to receive future copies of the Department's regulatory agenda write to: Assistant General Counsel for Regulation and Enforcement, C-50,

Office of the General Counsel, Department of Transportation, 1200

New Jersey Avenue SE., Washington, DC 20590, (202) 366-4723.

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 - Rebecca MacPherson, Office of Chief Counsel, Regulations and Enforcement Division, 800 Independence Avenue SW., Room 915A,

Washington, DC 20591; telephone (202) 267-3073.

FHWA - Jennifer Outhouse, Office of Chief Counsel, 1200 New

Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-0761.

FMCSA - Steven J. LaFreviere, Regulatory Ombudsman, 1200 New

Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-0596.

NHTSA - Steve Wood, Office of Chief Counsel, 1200 New Jersey

Avenue SE., Washington, DC 20590; telephone (202) 366-2992.

FRA - Kathryn Shelton, Office of Chief Counsel, 1200 New Jersey

Avenue SE., Room W31-214, Washington, DC 20590; telephone (202) 493-6063.

FTA - Linda Lasley, Office of Chief Counsel, 1200 New Jersey

Avenue SE., Room E56-202, Washington, DC 20590; telephone (202) 366-4063.

SLSDC - Carrie Mann Lavigne, Chief Counsel, 1200 New Jersey

Avenue SE., Washington, DC 20590; telephone (202) 366-0091.

PHMSA - Patricia Burke, Office of Chief Counsel, 1200 New

Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-4400.

MARAD - Christine Gurland, Office of Chief Counsel, Maritime

Administration, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-5157.

RITA - Robert Monniere, Office of Chief Counsel, 1200 New

Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-5498.

OST - Neil Eisner, Office of Regulation and Enforcement, 1200

New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366- 4723.

Appendix C--Public Rulemaking Dockets

All comments via the Internet are submitted through the

Federal Docket Management System (FDMS) at the following address: http://www. regulations.gov. The FDMS allows the public to search, view, download, and comment on all Federal agency rulemaking documents in one central online system. The above referenced

Internet address also allows the public to sign up to receive notification when certain documents are placed in the dockets.

The public also may review regulatory dockets at, or deliver comments on proposed rulemakings to, the Dockets Office at 1200 New

Jersey Avenue SE., Room W12-140, Washington, DC 20590, 1-800-647- 5527. Working Hours: 9-5.

Appendix D--Review Plans for Section 610 and Other Requirements

Part I--The Plan

General

The Department of Transportation has long recognized the importance of regularly reviewing its existing regulations to determine whether they need to be revised or revoked. Our 1979

Regulatory Policies and Procedures require such reviews. We also have responsibilities under Executive Order 12866 ``Regulatory

Planning and Review'' and section 610 of the Regulatory Flexibility

Act to conduct such reviews. This includes the use of plain language techniques in new rules and considering its use in existing rules when we have the opportunity and resources permit its use. We are committed to continuing our reviews of existing rules and, if needed, will initiate rulemaking actions based on these reviews.

Section 610 Review Plan

Section 610 requires that we conduct reviews of rules that (1) have been published within the last 10 years and (2) have a

``significant economic impact on a substantial number of small entities'' (SEIOSNOSE). It also requires that we publish in the

Federal Register each year a list of any such rules that we will review during the next year. The Office of the Secretary and each of the Department's Operating

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Administrations have a 10-year review plan. These reviews comply with section 610 of the Regulatory Flexibility Act.

Other Review Plan(s)

All elements of the Department, except for the Federal

Aviation Administration (FAA), have also elected to use this 10- year plan process to comply with the review requirements of the

Department's Regulatory Policies and Procedures and Executive Order 12866.

Changes to the Review Plan

Some reviews may be conducted earlier than scheduled. For example, to the extent resources permit, the plain language reviews will be conducted more quickly. Other events, such as accidents, may result in the need to conduct earlier reviews of some rules.

Other factors may also result in the need to make changes; for example, we may make changes in response to public comment on this plan or in response to a Presidentially mandated review. If there is any change to the review plan, we will note the change in the following agenda. For any section 610 review, we will provide the required notice prior to the review.

Part II--The Review Process

The Analysis

Generally, the agencies have divided their rules into 10 different groups and plan to analyze one group each year. For purposes of these reviews, a year will coincide with the fall-to- fall schedule for publication of the agenda. Thus, Year 1 (2008) begins in the fall of 2008 and ends in the fall of 2009; Year 2

(2009) begins in the fall of 2009 and ends in the fall of 2010; and so on. We request public comment on the timing of the reviews. For example, is there a reason for scheduling an analysis and review for a particular rule earlier than we have? Any comments concerning the plan or particular analyses should be submitted to the regulatory contacts listed in Appendix B, General Rulemaking

Contact Persons.

Section 610 Review

The Agency will analyze each of the rules in a given year's group to determine whether any rule has a SEIOSNOSE and, thus, requires review in accordance with section 610 of the Regulatory

Flexibility Act. The level of analysis will, of course, depend on the nature of the rule and its applicability. Publication of agencies' section 610 analyses listed each fall in this agenda provides the public with notice and an opportunity to comment consistent with the requirements of the Regulatory Flexibility Act.

We request that public comments be submitted to us early in the analysis year concerning the small entity impact of the rules to help us in making our determinations.

In each fall agenda, the agency will publish the results of the analyses it has completed during the previous year. For rules that had a negative finding on SEIOSNOSE, we will give a short explanation (e.g., ``these rules only establish petition processes that have no cost impact'' or ``these rules do not apply to any small entities''). For parts, subparts, or other discrete sections of rules that do have a SEIOSNOSE, we will announce that we will be conducting a formal section 610 review during the following 12 months. At this stage, we will add an entry to the Agenda in the prerulemaking section describing the review in more detail. We also will seek public comment on how best to lessen the impact of these rules and provide a name or docket to which public comments can be submitted. In some cases, the section 610 review may be part of another unrelated review of the rule. In such a case, we plan to clearly indicate which parts of the review are being conducted under section 610.

Other Reviews

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

The FAA, in addition to reviewing its rules in accordance with the Section 610 Review Plan, has established a Tri-annual process to comply with the review requirements of the Department's

Regulatory Policies and Procedures, Executive Order 12866, and

Plain Language Review Plan. The FAA's latest review notice was published November 15, 2007 (72 FR 64170). In that notice, the FAA requested comments from the public to identify those regulations currently in effect that it should amend, remove, or simplify. The

FAA also requested the public provide any specific suggestions where rules could be developed as performance-based rather than prescriptive, and any specific plain-language that might be used, and provide suggested language on how those rules should be written. The FAA will review the issues addressed by the commenters against its regulatory agenda and rulemaking program efforts and adjust its regulatory priorities consistent with its statutory responsibilities. At the end of this process, the FAA will publish a summary and general disposition of comments and indicate, where appropriate, how it will adjust its regulatory priorities.

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 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

Analysis

Year

Regulations To Be Reviewed

Year

Review Year

1

49 CFR parts 91 through 99 and 14 CFR parts 200 through 212.............

2008

2009 2

48 CFR parts 1201 through 1253, and new parts and subparts..............

2009

2010 3

14 CFR parts 213 through 232............................................

2010

2011 4

14 CFR parts 234 through 254............................................

2011

2012

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5

14 CFR parts 255 through 298 and 49 CFR part 40.........................

2012

2013 6

14 CFR parts 300 through 373............................................

2013

2014 7

14 CFR parts 374 through 398............................................

2014

2015 8

14 CFR part 399 and 49 CFR parts 1 through 11...........................

2015

2016 9

49 CFR parts 17 through 28..............................................

2016

2017 10

49 CFR parts 29 through 39 and parts 41 through 89......................

2017

2018

Year 1 (fall 2008) List of rules that will be analyzed during the next year 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 93 - Aircraft Allocation 49 CFR part 95 - Advisory Committees 49 CFR part 98 - Enforcement of Restrictions on Post-Employment

Activities 49 CFR part 99 - Employee Responsibilities and Conduct 14 CFR part 200 - Definitions and Instructions 14 CFR part 201 - Air carrier authority under subtitle VII of title 49 of The United States Code [Amended] 14 CFR part 203 - Waiver of Warsaw Convention liability limits and defenses 14 CFR part 204 - Data to support fitness determinations 14 CFR part 205 - Aircraft accident liability insurance 14 CFR part 206 - Certificates of public convenience and necessity:

Special authorizations and exemptions 14 CFR part 207 - Charter trips by U.S. scheduled air carriers 14 CFR part 208 - Charter trips by U.S. charter air carriers 14 CFR part 211 - Applications for permits to foreign air carriers 14 CFR part 212 - Charter rules for U.S. and foreign direct air carriers

FEDERAL AVIATION ADMINISTRATION

SECTION 610 REVIEW PLAN

Analysis

Year

Regulations to be Reviewed

Year

Review Year

1

14 CFR parts 119 through 129 and parts 150 through 156..................

2008

2009 2

14 CFR parts 133 through 139 and parts 157 through 169..................

2009

2010 3

14 CFR parts 141 through 147 and parts 170 through 187..................

2010

2011 4

14 CFR parts 189 through 198 and parts 1 through 16.....................

2011

2012 5

14 CFR parts 17 through 33..............................................

2012

2013 6

14 CFR parts 34 through 39 and parts 400 through 405....................

2013

2014 7

14 CFR parts 43 through 49 and parts 406 through 415....................

2014

2015 8

14 CFR parts 60 through 77..............................................

2015

2016 9

14 CFR parts 91 through 105.............................................

2016

2017 10

14 CFR parts 417 through 460............................................

2017

2018

The FAA has elected to use the two-step, 2-year process used by most

DOT modes in past plans. As such, the FAA has divided its rules into 10 groups as displayed in the table above. During the first year (the

``analysis year''), all rules published during the previous 10 years within a 10 percent block of the regulations will be analyzed to identify those with a SEIOSNOSE. During the second year (the ``review year''), each rule identified in the analysis year as having a SEIONOSE will be reviewed in accordance with section 610 (b) to determine if it should be continued without change or changed to minimize impact on small entities. Results of those reviews will be published in the DOT semiannual regulatory agenda.

Year 10 (fall 2007) List of rules analyzed and summary of the results 14 CFR part 91 - General Operating and Flight Rules

Section 610: The agency has conducted a 610 Review for this part and found three Amendments with SEIOSNOSE.

Amendment No. 91-203

Amendment No. 91-203, pursuant to two legislative mandates, established requirements for an aircraft to have an operating transponder (basic transponder or Mode S transponder) with automatic altitude reporting equipment (Mode C transponder) when operating in the vicinity of certain primary airports for which a terminal radar approach control service area had been established and in other airspace at and above 10,000 feet mean sea level. The Airport and

Airway Safety and Capacity Expansion Act of 1987 (Pub. L. 100-223, Dec. 30, 1987) required the FAA to issue regulations requiring the use of a transponder with Mode C capability in terminal airspace above a minimum altitude

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to be determined by the FAA. These revisions were intended to reduce the potential for midair collisions between aircraft under the control of air traffic control (ATC) and those that chose to operate without

ATC assistance.

Original FAA finding: Initially, the FAA found that this amendment would not have a SEIOSNOSE. However, during the NPRM phase of this rulemaking, the FAA received numerous comments suggesting that the proposed rules would significantly impact small businesses. The FAA received many comments from private airports, state aviation organizations, and private trade associations that indicated there would be a significant economic impact to private and public airports, as well as fixed based operators at those airports. Comments from businesses engaged in aerial agriculture and pest control, as well as aerial advertising, indicated that the proposed rules would have significant economic impact on these businesses also. Therefore, the FAA reconsidered its finding and agreed that the comments indicated that there would be a SEIOSNOSE.

To mitigate the impact on small entities, the FAA considered three alternative approaches to this rulemaking: (1) Delay implementation for a longer period; (2) establish different standards for small entities; and (3) design the airspace to minimize the impact. The FAA rejected the second and third approaches because it found them to be contrary to the legislative mandates, inequitable, and would result in a diminished safety benefit. The FAA recognized the economic benefit in delaying the implementation of this amendment for a longer period of time to allow for an increase in the supply of the required avionics that should lower the cost of this equipment. However, the FAA stated that the safety need was so great that it was necessary to move forward with the regulations. Therefore, instead of completely delaying the implementation date, the FAA implemented the regulations in two phases over a period of 18 months.

Finding of this 5 U.S.C. section 610 analysis and review:

Although the FAA attempted to mitigate the economic impact on small entities by delaying the implementation period, compliance with the amendment still imposes a SEIOSNOSE. Therefore, based on this periodic analysis of the current impact of amendment No. 91-203 on small entities, there continues to be a SEIOSNOSE. No changes are needed because these regulations are mandated by statute and impose the least burden.

Amendment No. 91-263

Amendment No. 91-263 required that certain airplanes be equipped with an FAAapproved terrain awareness and warning system

(TAWS) (also referred to as an enhanced ground proximity warning system). It is an operating rule that affects all U.S.-registered turbine-powered airplanes with six or more passenger seats

(exclusive of pilot and copilot seating). The rule promotes safety by increasing the warning times and situational awareness of flight crews to decrease the risk of controlled flight into terrain accidents.

Original FAA finding: The FAA determined that this amendment would have a SEIOSNOSE. The FAA noted that the types of entities potentially affected by this rule would include manufacturers of transport category airplanes, manufacturers of ground proximity warning equipment, scheduled air carriers, and nonscheduled air carriers. The small entities that operate under part 91 that were expected to be impacted by this rule would include corporate, business, personal, instruction, aerial application, and local governments. The FAA estimated that the fleet of aircraft to which the rule would apply would be approximately 6,000 turbojets and 6,000 turboprops. The small entities associated with this size fleet constituted a substantial number and the cost impact was considered to be potentially significant. Therefore, the FAA took measures to mitigate the economic impact on small entities.

The FAA made efforts to reduce the impact on these potentially affected small entities by requiring a substantially less expensive and easier to install TAWS for part 91 operators. The FAA determined that there are two classes of TAWS equipment that can provide the desired level of safety: Class A, which includes a terrain situational awareness display, and Class B, which includes only the basic TAWS safety features. The FAA allowed part 91 operators to achieve the desired safety levels by installing the less expensive Class B TAWS equipment. This approach significantly reduced the cost of compliance to small entities, and still met the rule's safety goals.

Finding of this 5 U.S.C. section 610 analysis and review:

Although the FAA attempted to reduce the impact on the potentially affected small entities by requiring a substantially less expensive and easier to install TAWS for part 91 operators, compliance with the amendment still imposes a SEIOSNOSE. Therefore, based on this periodic analysis of the current impact of amendment No. 91-263 on small entities, there continues to be a SEIOSNOSE. The benefits justify their costs and the regulations impose the least burden while still meeting the rule's safety goals.

Amendment No. 91-276 (Reduced Vertical Separation Minimum in

Domestic United States Airspace)

Amendment No. 91-276, Reduced Vertical Separation Minimum in

Domestic United States Airspace, expanded Reduced Vertical

Separation Minimum (RVSM) operations to aircraft operating between 29,000 and 41,000 feet in the airspace of the contiguous 48 States of the United States and the District of Columbia, Alaska, that portion of the Gulf of Mexico where the FAA provides air traffic services, the San Juan Flight Information Region (FIR), and the airspace between Florida and the San Juan FIR. The amendment also required any aircraft that is equipped with TCAS II and flown in

RVSM airspace to incorporate a version of TCAS II software that is compatible with RVSM operations. The goals of this amendment were to assist aircraft operators to save fuel and time, to enhance air traffic control flexibility, and to enhance airspace capacity.

Original FAA finding: The FAA initially determined that this amendment would have a SEIOSNOSE. The FAA found through analysis that approximately 380 small operators would be significantly impacted by this amendment. These small operators were expected to experience some disadvantages relative to large transport carriers, such as less flexibility for rotating their fleets through the RVSM approval process without a disruption in service, or suffering a significant fuel penalty by continuing to operate below 29,000 feet if electing to not upgrade or to delay aircraft upgrade plans.

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Therefore, the FAA considered alternatives to mitigate the economic impact on these small entities.

To reduce this economic impact, the FAA considered several alternative approaches to this rulemaking, including not enforcing the rule on small entities. Under this scenario, small operators would avoid $285.5 million in upgrade costs and downtime costs, but safety would be compromised as a result of some 2,400 non-approved aircraft operating in the RVSM stratum. Therefore, the FAA rejected this alternative. The FAA also considered a phased implementation of RVSM alternative to give small entities greater flexibility. It considered implementation of RVSM for a smaller band such as 33,000 to 37,000 feet with eventual expansion to the full RVSM envelope of 29,000 to 41,000 feet. This alternative was rejected on the basis of simulations that revealed system safety and airspace management were negatively impacted when RVSM was applied in any altitude band other than 29,000 to 41,000 feet. In addition, controller workload, the potential for controller error, and operational complexity all increased. The FAA rejected this alternative in favor of the rule, as well. The FAA concluded that the final rule represented the best balance of costs and benefits for airspace users and air traffic providers without a reduction in aviation safety.

Finding of this 5 U.S.C. section 610 analysis and review:

Since promulgation of this rule, circumstances have remained such that there is a continued need for the rule as implemented. Small entities retain the option of not upgrading their equipment to take advantage of RVSM operations and continuing to operate below 29,000 feet if they feel this is more to their advantage. However, based on this periodic analysis of the current impact of amendment No. 91-276, Reduced Vertical Separation Minimum in Domestic United

States Airspace, on small entities, there continues to be a

SEIOSNOSE. The FAA concludes that the final rule represents the best balance of costs and benefits for airspace users and air traffic providers without a reduction in aviation safety.

FEDERAL HIGHWAY ADMINISTRATION

SECTION 610 AND OTHER REVIEWS

Analysis

Year

Regulations To Be Reviewed

Year

Review Year

1

None....................................................................

2008

2009 2

23 CFR parts 1 through 260..............................................

2009

2010 3

23 CFR parts 420 through 470............................................

2010

2011 4

23 CFR part 500.........................................................

2011

2012 5

23 CFR parts 620 through 637............................................

2012

2013 6

23 CFR parts 645 through 669............................................

2013

2014 7

23 CFR parts 710 through 924............................................

2014

2015 8

23 CFR parts 940 through 973............................................

2015

2016 9

23 CFR parts 1200 through 1252..........................................

2016

2017 10

New parts and subparts..................................................

2017

2018

Federal-Aid Highway Program

The FHWA has adopted regulations in title 23 of the CFR, chapter I, related to the Federal-Aid Highway Program. These regulations implement and carry out the provisions of Federal law relating to the administration of Federal aid for highways. The primary law authorizing

Federal aid for highways is chapter I of title 23 of the U.S.C. Section 145 of title 23 expressly provides for a federally assisted State program. For this reason, the regulations adopted by the FHWA in title 23 of the CFR primarily relate to the requirements that States must meet to receive Federal funds for the construction and other work related to highways. Because the regulations in title 23 primarily relate to States, which are not defined as small entities under the

Regulatory Flexibility Act, the FHWA believes that its regulations in title 23 do not have a significant economic impact on a substantial number of small entities. The FHWA solicits public comment on this preliminary conclusion.

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

SECTION 610 AND OTHER REVIEWS

Analysis

Year

Regulations To Be Reviewed

Year

Review Year

1

49 CFR parts 372, subpart A, and 381....................................

2008

2009 2

49 CFR parts 386, 389, and 395..........................................

2009

2010 3

49 CFR parts 325, 388, 350, and 355.....................................

2010

2011 4

49 CFR parts 380 and 382 to 385.........................................

2011

2012 5

49 CFR parts 390 to 393 and 396 to 399..................................

2012

2013 6

49 CFR parts 356, 367, 369 to 371, 372, subparts B-C....................

2013

2014 7

49 CFR parts 373, 374, 376, and 379.....................................

2014

2015 8

49 CFR parts 360, 365, 366, and 368.....................................

2015

2016 9

49 CFR parts 377, 378, and 387..........................................

2016

2017 10

49 CFR parts 303, 375, and new parts and subparts.......................

2017

2018

Page 21977

Year 1 (fall 2008) List of rules that will be analyzed during the next year 49 CFR part 372, subpart A - Exemptions 49 CFR part 381 - Waivers, exemptions, and pilot programs

Year 10 (fall 2007) List of rules analyzed and a summary of results 49 CFR part 375 - Transportation of Household Goods in Interstate

Commerce; Consumer Protection regulations

Section 610: An ongoing review of the regulations indicates there is a SEIONOSE. This part applies to small household goods firms that are engaged in interstate operations.

General: The Agency will assess the need for changes once the review of these regulations is complete. FMCSA's plain language review of these regulations indicates no need for substantial revision. 49 CFR part 395 - Hours of Service of Drivers

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

SECTION 610 AND OTHER REVIEWS

Analysis

Year

Regulations To Be Reviewed

Year

Review Year

1

49 CFR 571.223 through 571.500, and parts 575 and 579...................

2008

2009 2

23 CFR parts 1200 and 1300..............................................

2009

2010 3

49 CFR parts 501 through 526 and 571.213................................

2010

2011 4

49 CFR 571.131, 571.217, 571.220, 571.221, and 571.222..................

2011

2012 5

49 CFR 571.101 through 571.110, and 571.135, 571.138 and 571.139........

2012

2013 6

49 CFR parts 529 through 578, except parts 571 and 575..................

2013

2014 7

49 CFR 571.111 through 571.129 and parts 580 through 588................

2014

2015 8

49 CFR 571.201 through 571.212..........................................

2015

2016 9

49 CFR 571.214 through 571.219, except 571.217..........................

2016

2017 10

49 CFR parts 591 through 595 and new parts and subparts.................

2017

2018

Year 1 (fall 2008) List of rules that will be analyzed during the next year 49 CFR part 571.223 - Standard No. 223; Rear impact guards 49 CFR part 571.224 - Standard No. 224; Rear impact protection 49 CFR part 571.225 - Standard No. 225; Child restraint anchorage systems 49 CFR part 571.301 - Standard No. 301; Fuel system integrity 49 CFR part 571.302 - Standard No. 302; Flammability of interior materials 49 CFR part 571.303 - Standard No. 303; Fuel system integrity of compressed natural gas vehicles 49 CFR part 571.304 - Standard No. 304; Compressed natural gas fuel container integrity 49 CFR part 571.305 - Standard No. 305; Electric-powered vehicles: electrolyte spillage and electrical shock protection 49 CFR part 571.401 - Standard No. 401; Interior trunk release 49 CFR part 571.403 - Standard No. 403; Platform lift systems for motor vehicles 49 CFR part 571.404 - Standard No. 404; Platform lift installations in motor vehicles 49 CFR part 571.500 - Standard No. 500; Low-speed vehicles 49 CFR part 575 - Consumer information 49 CFR part 579 - Reporting of Information And Communications About

Potential Defects

Plan for Evaluating the Effectiveness of Vehicle and Behavioral

Programs, 2008-2012

In addition to reviewing its rules in accordance with the Section 610

Review Plan, NHTSA issued an Evaluation Program Plan, 2008-2012, on

August 21, 2008. This document describes the Office of Regulatory

Analysis and Evaluation's ongoing and planned evaluations of existing

Federal Motor Vehicle Safety Standards and other vehicle-safety, behavioral-safety and consumer programs. It also summarizes the results of completed program evaluations. On August 29, 2008, NHTSA also issued a notice in the Federal Register (page 51045) inviting public comment on the plan. You may review this plan at http://www-nrd.nhtsa.dot.gov/

Pubs/810983.PDF. You may review the Federal Register notice at http:// edocket.access.gpo.gov/2008/pdf/E8-20061.pdf or in HTML format at http://edocket.access.gpo.gov/2008/E8-20061.htm.

FEDERAL RAILROAD ADMINISTRATION

SECTION 610 AND OTHER REVIEWS

Analysis

Year

Regulations To Be Reviewed

Year

Review Year

1

49 CFR parts 200 and 201...............................................

2008

2009 2

49 CFR parts 207, 209, 211, 215, 238, and 256..........................

2009

2010 3

49 CFR parts 210, 212, 214, 217, and 268...............................

2010

2011 4

49 CFR part 219........................................................

2011

2012 5

49 CFR parts 218, 221, 241, and 244....................................

2012

2013 6

49 CFR parts 216, 228, and 229.........................................

2013

2014 7

49 CFR parts 223 and 233...............................................

2014

2015

Page 21978

8

49 CFR parts 224, 225, 231, and 234....................................

2015

2016 9

49 CFR parts 222, 227, 235, 236, 250, 260, and 266.....................

2016

2017 10

49 CFR parts 213, 220, 230, 232, 239, 240, and 265.....................

2017

2018

Year 10 (fall 2007) List of rules analyzed and a summary of results 49 CFR part 213 - Track Safety Standards

Section 610: There is a SEIOSNOSE. These are minimum safety requirements for railroad track that is part of the general railroad system of transportation. The FRA will conduct a formal review to identify whether opportunities may exist to reduce the burden on small railroads without compromising safety standards.

Plain Language: FRA's plain language review of this rule indicates no need for substantial revision.

General: Since the rule prescribes minimum safety requirements for railroad track that is part of the general railroad system of transportation, it will enhance the safety of rail transportation, protecting both those traveling and working on the system and those off the system who might be adversely affected by a rail incident. 49 CFR part 220 - Railroad Communications

Section 610: There is a SEIOSNOSE. These are minimum requirements governing the use of wireless communications in connection with railroad operations. The FRA will conduct a formal review to identify whether opportunities may exist to reduce the burden on small railroads without compromising safety standards.

Plain Language: FRA's plain language review of this rule indicates no need for substantial revision.

General: Since the rule prescribes minimum requirements governing the use of wireless communications in connection with railroad operations, uniform standard communications procedures and requirements throughout the railroad industry are necessary to ensure the protection and safety of railroad employees and general public, and to minimize the number of casualties. 49 CFR part 230 - Steam Locomotive Inspection and Maintenance Standards

Section 610: There is no SEIOSNOSE.

Plain Language: FRA's plain language review of this rule indicates no need for substantial revision.

General: Since the rule prescribes minimum Federal safety standards of inspection and maintenance for all steam locomotives operated on railroads, these requirements are necessary to ensure the protection and safety of railroad employees and general public, and to minimize the number of casualties. 49 CFR part 232 - Brake System Safety Standards for Freight and Other

Non-Passenger Train and Equipment; End- of-Train Devices

Section 610: There is a SEIOSNOSE. These are minimum Federal safety standards for freight and other non-passenger train track systems and equipment as well as for freight and other non-passenger train brake systems. The FRA will conduct a formal review to identify whether opportunities may exist to reduce the burden on small railroads without compromising safety standards.

Plain Language: FRA's plain language review of this rule indicates no need for substantial revision.

General: Since the rule prescribes minimum Federal safety standards for freight and other non-passenger train track systems and equipment as well as for freight and other non-passenger train brake systems, it will enhance the safety of rail transportation, protecting both those traveling and working on the system and those off the system who might be adversely affected by a rail incident. 49 CFR part 239 - Passenger Train Emergency Preparedness

Section 610: There is no SEIOSNOSE.

Plain Language: FRA's plain language review of this rule indicates no need for substantial revision.

General: Since the rule prescribes minimum Federal safety standards for the preparation, adoption and implementation of emergency preparedness plans by railroads, these requirements are necessary to ensure the protection and safety of railroad passengers and employees as well as the general public, and to minimize the number of casualties. 49 CFR part 240 - Qualification and Certification of Locomotive

Engineers

Section 610: There is no SEIOSNOSE.

Plain Language: FRA's plain language review of this rule indicates no need for substantial revision.

General: Since the rule prescribes minimum Federal safety standards and guidelines for the eligibility, training, testing, certification and monitoring of all locomotive engineers, it will ensure and enhance the protection and safety of railroad employees and general public and minimize the number of casualties. 49 CFR part 265 - Nondiscrimination in Federally Assisted Railroad

Programs

Section 610: There is no SEIOSNOSE.

Plain Language: FRA's plain language review of this rule indicates no need for substantial revision.

General: The purpose of the rule is to ensures that no person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, or denied the benefits of, or be subjected to discrimination under, any project, program or activity funded in part through financial assistance under the Railroad Revitalization and Regulatory Reform Act of 1976, or any provision of law amended by the Act.

Page 21979

Year 1 (fall 2008) List of rule(s) that will be analyzed during next year 49 CFR part 200 - Informal Rules of Practice for Passenger Safety 49 CFR part 201 - Formal Rules of Practice for Passenger Service

FEDERAL TRANSIT ADMINISTRATION

SECTION 610 AND OTHER REVIEWS

Analysis

Year

Regulations To Be Reviewed

Year

Review Year

1

49 CFR parts 604, 605, and 633..........................................

2008

2009 2

49 CFR parts 661 and 665................................................

2009

2010 3

49 CFR part 633.........................................................

2010

2011 4

49 CFR parts 609 and 611................................................

2011

2012 5

49 CFR parts 613 and 614................................................

2012

2013 6

49 CFR part 622.........................................................

2013

2014 7

49 CFR part 630.........................................................

2014

2015 8

49 CFR part 639.........................................................

2015

2016 9

49 CFR parts 659 and 663................................................

2016

2017 10

49 CFR part 665.........................................................

2017

2018

Year 10 (fall 2007) List of rules analyzed and summary of results 49 CFR part 624 - Clean Fuels Program

Section 610: The Agency has determined that the rule will not have a significant effect on a substantial number of small entities.

This rule imposes no new costs because it merely modifies the application procedures for an existing grant program.

Plain Language: The rule was drafted using plain language techniques.

General: No changes are necessary since the benefits of the rule justify its costs and the regulation imposes the least burden.

Year 1 (fall 2008) List of rules that will be analyzed during the next year 49 CFR part 604 - Charter Services 49 CFR part 605 - School Bus Operations 49 CFR part 633 - Project Management Oversight

MARITIME ADMINISTRATION

SECTION 610 AND OTHER REVIEWS

Analysis

Year

Regulations To Be Reviewed

Year

Review Year

1

46 CFR parts 201 through 205............................................

2008

2009 2

46 CFR parts 221 through 232............................................

2009

2010 3

46 CFR parts 249 through 296............................................

2010

2011 4

46 CFR part 298.........................................................

2011

2012 5

46 CFR parts 307 through 309............................................

2012

2013 6

46 CFR part 310.........................................................

2013

2014 7

46 CFR parts 315 through 340............................................

2014

2015 8

46 CFR parts 345 through 381............................................

2015

2016 9

46 CFR parts 382 through 389............................................

2016

2017 10

46 CFR parts 390 through 393............................................

2017

2018

Year 10 (fall 2007) List of rules analyzed and a summary of the results 46 CFR part 390 - Capital Construction Fund

Section 610: No SEIOSNOSE. Some small entities may be affected, but the economic impact on small entities will not be significant.

Plain Language: Where confusing or wordy language has been identified, we will make revisions.

General: No overall revision of the rule is needed at this time; however, technical amendments were made to the rule so that it correctly referenced sections in the United States Code. 46 CFR part 391 - Federal Income Tax Aspects of the Capital

Construction Fund

Section 610: No SEIOSNOSE. Some small entities may be affected, but the economic impact on small entities will not be significant.

Plain Language: Where confusing or wordy language has been identified, we will make revisions.

General: No changes are needed.

Year 1 (fall 2008) List of rules that will be analyzed during the next year 46 CFR part 201 - Rules of Practice and Procedure 46 CFR part 202 - Procedures Relating to Review by Secretary of

Transportation of Actions by Maritime Subsidy Board

Page 21980

46 CFR part 203 - Procedures Relating to Conduct of Certain Hearings

Under the Merchant Marine Act, 1936 46 CFR part 204 - Claims Against the Maritime Administration Under the

Federal Tort Claim Act 46 CFR part 205 - Audit Appeals; Policy and Procedure

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA)

SECTION 610 AND OTHER REVIEWS

Analysis

Year

Regulations To Be Reviewed

Year

Review Year

1

Part 178................................................................

2008

2009 2

Parts 178, 179, 180.....................................................

2009

2010 3

Parts 172 and 175.......................................................

2010

2011 4

Sections 171.15 and 171.16..............................................

2011

2012 5

Parts 106, 107, 171, 190, 195...........................................

2012

2013 6

Parts 174, 177, 191, 192................................................

2013

2014 7

Parts 176, 199..........................................................

2014

2015 8

Parts 172, 173, 174, 175, 176, 177, 178.................................

2015

2016 9

Parts 172, 173, 174, 176, 177, 193......................................

2016

2017 10

Parts 173, 194..........................................................

2017

2018

Year 8 (fall 2005) List of rules analyzed and a summary of the results 49 CFR part 110 - Hazardous Materials Public Sector Training and

Planning Grants

Section 610: No SEIOSNOSE. The vast majority of grant applicants are not considered small entities as SBA defines that term.

In the past 10 years, only eight entities meeting the small business definition have applied for and received HMEP grants. Further, the grant application process is specifically designed to minimize the burden on all grantees, including those that meet the definition of small entity.

Plain Language: Where confusing or wordy language has been identified, we will make revisions.

General: No changes are necessary since the benefits of the rule justify its costs and the regulation imposes the least burden. 49 CFR part 195 - Transportation of Hazardous Liquids by Pipeline

Section 610: NO SEIOSNOSE. The vast majority of hazardous liquid operators are not small entities as defined by the SBA.

Plain Language: We will make revisions where wordy or confusing language is identified.

General: No changes are necessary since the benefits of the rule justify its costs and the regulation imposes the least burden.

Year 1 (fall 2008) List of rules that will be analyzed during the next year 49 CFR part 178 - Specifications for packagings

RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION (RITA)

SECTION 610 AND OTHER REVIEWS

Analysis

Year

Regulations To Be Reviewed

Year

Review Year

1

14 CFR part 241, form 41................................................

2008

2009 2

14 CFR part 241, schedule T-100, and part 217...........................

2009

2010 3

14 CFR part 298, 49 CFR 1420............................................

2010

2011 4

14 CFR part 241, section 19-7...........................................

2011

2012 5

14 CFR part 291.........................................................

2012

2013 6

14 CFR part 234.........................................................

2013

2014 7

14 CFR part 249.........................................................

2014

2015 8

14 CFR part 248.........................................................

2015

2016 9

14 CFR part 250.........................................................

2016

2017 10

14 CFR part 374a, ICAO..................................................

2017

2018

Year 6 (fall 2003) List of rule(s) analyzed and a summary of results 14 CFR part 234 - Airline Service Quality Performance Reports

Section 610: No SEIOSNOSE.

Plain Language: This rule is being reviewed as part of an overall aviation data requirements review and modernization program, which will also take into account the plain language initiative.

General: This rule is being reviewed as part of an overall aviation data requirements review and modernization program.

Year 7 (fall 2004) List of rule(s) analyzed and a summary of results 14 CFR part 249 - Preservation of Air Carrier Records

Section 610: No SEIOSNOSE.

Page 21981

Plain Language: This rule is being reviewed as part of an overall aviation data requirements review and modernization program, which will also take into account the plain language initiative.

General: This rule is being reviewed as part of an overall aviation data requirements review and modernization program.

Year 8 (fall 2005) List of rule(s) analyzed and a summary of results 14 CFR part 248 - Submission of Audit Reports

Section 610: No SEIOSNOSE.

Plain Language: This rule is being reviewed as part of an overall aviation data requirements review and modernization program, which will also take into account the plain language initiative.

General: This rule is being reviewed as part of an overall aviation data requirements review and modernization program.

Year 1 (fall 2008) List of rules that will be analyzed during the next year 14 CFR part 241 -- Uniform System of Accounts and Reports for Large

Certificated Air Carriers, Form 41

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

SECTION 610 AND OTHER REVIEWS

Analysis

Year

Regulations to be Reviewed

Year

Review Year

1

33 CFR parts 401 through 403............................................

2008

2009

Year 1 (fall 2008) List of Rules that will be analyzed during the next year 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

Federal Aviation Administration--Proposed Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

244

rplusCommuter Operations in Very Light Jets (VLJs).................................. 2120-AI84 245

rplusQualification, Service, and Use of Crewmembers and Aircraft Dispatchers........ 2120-AJ00

rplus

DOT-designated significant regulation

Federal Aviation Administration--Final Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

246

rplusAutomatic Dependent Surveillance--Broadcast (ADS-B) Equipage Mandate To Support 2120-AI92

Air Traffic Control Service........................................................... 247

rplusProduction and Airworthiness Approvals......................................... 2120-AJ44

rplus

DOT-designated significant regulation

Federal Aviation Administration--Long-Term Actions

Regulation

Sequence

Title

Identifier

Number

Number

248

rplusFlight Crewmember Duty Limitations and Rest Requirements....................... 2120-AI93

rplus

DOT-designated significant regulation

Federal Aviation Administration--Completed Actions

Regulation

Sequence

Title

Identifier

Number

Number

249

rplusWashington, DC, Metropolitan Area Special Flight Rules Area.................... 2120-AI17 250

rplusProduction and Airworthiness Approvals......................................... 2120-AI78

rplus

DOT-designated significant regulation

Page 21982

Federal Motor Carrier Safety Administration--Proposed Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

251

rplusUnified Registration System.................................................... 2126-AA22

rplus

DOT-designated significant regulation

Federal Motor Carrier Safety Administration--Final Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

252

Interstate Van Operations............................................................. 2126-AA98 253

rplusCommercial Driver's License Testing and Commercial Learner's Permit Standards.. 2126-AB02

rplus

DOT-designated significant regulation

Federal Motor Carrier Safety Administration--Long-Term Actions

Regulation

Sequence

Title

Identifier

Number

Number

254

rplusSafety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor

2126-AA35

Carriers Operating in the United States............................................... 255

rplusNational Registry of Certified Medical Examiners............................... 2126-AA97

rplus

DOT-designated significant regulation

Federal Motor Carrier Safety Administration--Completed Actions

Regulation

Sequence

Title

Identifier

Number

Number

256

rplusNew Entrant Safety Assurance Process........................................... 2126-AA59 257

rplusRequirements for Intermodal Equipment Providers and Motor Carriers and Drivers

2126-AA86

Operating Intermodal Equipment........................................................

rplus

DOT-designated significant regulation

National Highway Traffic Safety Administration--Final Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

258

Early Warning Reporting Information................................................... 2127-AK28

Federal Transit Administration--Final Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

259

Bus Testing: Phase-In of Brake Performance and Emissions Testing, and Program Updates

2132-AA95

(Section 610 Review).................................................................. 260

Buy America; Petition for Rulemaking (Section 610 Review)............................. 2132-AA99

Page 21983

Federal Transit Administration--Long-Term Actions

Regulation

Sequence

Title

Identifier

Number

Number

261

School Bus Operations (Section 610 Review)............................................ 2132-AB00

Federal Transit Administration--Completed Actions

Regulation

Sequence

Title

Identifier

Number

Number

262

rplusMajor Capital Investment Projects--New/Small Starts............................ 2132-AA81

rplus

DOT-designated significant regulation

Pipeline and Hazardous Materials Safety Administration--Completed Actions

Regulation

Sequence

Title

Identifier

Number

Number

263

rplusHazardous Materials: Enhancing Rail Transportation Safety and Security for

2137-AE02

Hazardous Materials Shipments.........................................................

rplus

DOT-designated significant regulation

Maritime Administration--Proposed Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

264

rplusCargo Preference--Compromise, Assessment, Mitigation, Settlement and Collection 2133-AB75 of Civil Penalties....................................................................

rplus

DOT-designated significant regulation

Department of Transportation (DOT)

Proposed Rule Stage

Federal Aviation Administration (FAA)

  1. [rplus]COMMUTER OPERATIONS IN VERY LIGHT JETS (VLJS)

    Legal Authority: 49 USC 106(g); 49 USC 1155; 49 USC 40103; 49 USC 40113; 49 USC 40119; 49 USC 40120; 49 USC 44101; 49 USC 44111; 49 USC 44701; 49 USC 44705; 49 USC 44709 to 44713; 49 USC 44715 to 44717; 49

    USC 44722; 49 USC 44901; 49 USC 44903; 49 USC 44912; 49 USC 46105; 49

    USC 46306; 49 USC 46316; 49 USC 46504; 49 USC 46506; 49 USC 47122; 49

    USC 47508; 49 USC 47528 to 47531; 49 USC 44702; 49 USC 44904; 49 USC 46507

    Abstract: This rulemaking would establish a rule to allow passenger- carrying commuter operations to be conducted under the provisions of part 135 using multiengine turbojets, certificated under either part 23 or part 25, configured with 9 or fewer passenger seats. The rulemaking would allow multiengine turbojet operators to provide commuter service to the traveling public, thus accommodating new techonologies and a new generation of turbojet airplanes that otherwise would not be allowed in part 135 commuter service. Since 1995, turbojets used in scheduled operations must operate under the provisions of part 121. This current rulemaking resulted, in part, from recommendations from the Aviation

    Rulemaking Committee for parts 14 CFR 135/125 and covers pilot crew, equipment, training, and dispatch requirements for the safe operation of this new generation airplane.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    10/00/09

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Alberta Brown, Air Transportation Division, Department of Transportation, Federal Aviation Administration, 800 Independence

    Avenue SW, Washington, DC 20591

    Phone: 202 267-8321

    RIN: 2120-AI84

  2. [rplus]QUALIFICATION, SERVICE, AND USE OF CREWMEMBERS AND AIRCRAFT

    DISPATCHERS

    Legal Authority: 49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC 44101; 49 USC 44701 and 44702; 49 USC 44705; 49 USC 44709 to 44711; 49

    USC 44713; 49 USC 44716 and 44717; 49 USC 44722; 49 USC 44901; 49 USC 44903 and 44904; 49 USC 44912; 49 USC 46105

    Abstract: This rulemaking would amend the regulations for crewmember and dispatcher training programs in domestic, flag, and supplemental operations. The rulemaking would enhance traditional training programs

    Page 21984

    by requiring the use of flight simulation training devices for flight crewmembers and including additional training requirements in areas that are critical to safety. The rulemaking would also reorganize and revise the qualification and training requirements. The changes are intended to contribute significantly to reducing aviation accidents.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    01/12/09

    74 FR 1280

    Notice of Public Meeting

    03/12/09

    NPRM Comment Period Extended 04/20/09

    74 FR 17910

    NPRM Comment Period End

    05/12/09

    Extended NPRM Comment Period End08/10/09

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Edward Cook, Flight Standards Service, Department of

    Transportation, Federal Aviation Administration, Suite 400, 100

    Hartsfield Centre Parkway, Atlanta, GA 30354

    Phone: 404 832-4700

    Email: edward.cook@faa.gov

    RIN: 2120-AJ00

    Department of Transportation (DOT)

    Final Rule Stage

    Federal Aviation Administration (FAA)

  3. [rplus]AUTOMATIC DEPENDENT SURVEILLANCE--BROADCAST (ADS-B) EQUIPAGE

    MANDATE TO SUPPORT AIR TRAFFIC CONTROL SERVICE

    Legal Authority: 49 USC 1155; 49 USC 40103; 49 USC 40113; 49 USC 40120; 49 USC 44101; 49 USC 44111; 49 USC 44701; 49 USC 44709; 49 USC 44711 and 44712; 49 USC 44715 to 44717; 49 USC 44722; 49 USC 46306; 49 USC 46315 and 46316; 49 USC 46504; 49 USC 46506; 49 USC 47122; 49 USC 47508; 49 USC 47528 to 47531; 49 USC 106(g); Articles 12 and 29 of 61stat.1180; 49 USC 46507

    Abstract: This rulemaking would require Automatic Dependent

    Surveillance-Broadcast (ADS-B) Out equipment on aircraft to operate in certain classes of airspace within the United States National Airspace

    System. The rulemaking is necessary to accommodate the expected increase in demand for air transportation, as described in the Next

    Generation Air Transportation System Integrated Plan. The intended effect of this rule is to provide the Federal Aviation Administration with a comprehensive surveillance system that accommodates the anticipated increase in operations and would provide a platform for additional flight applications and services.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    10/05/07

    72 FR 56947

    NPRM Comment Period End

    11/19/07

    72 FR 64966

    NPRM Comment Period Extended 01/03/08

    Comment Period End

    03/03/08

    Reopened for Comments on ARAC

    Recommendation

    10/02/08

    73 FR 57270

    Comment Period End

    11/03/08

    Final Action

    04/00/10

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Vincent Capezzuto, Terminal Program Operations,

    Department of Transportation, Federal Aviation Administration, 800

    Independence Avenue SW, Washington, DC 20591

    Phone: 202 385-8637

    Email: vincent.capezzuto@faa.gov

    RIN: 2120-AI92

  4. [rplus]PRODUCTION AND AIRWORTHINESS APPROVALS

    Legal Authority: 42 USC 7572; 49 USC 106(g); 49 USC 40105; 49 USC 40113; 49 USC 44701; 49 USC 44704; 49 USC 44707; 49 USC 44709; 49 USC 44711; 49 USC 44713; 49 USC 44715; 49 USC 45303; 49 USC 44702

    Abstract: This rulemaking would amend the certification procedures and identification requirements for aeronautical products and articles.

    These amendments would update and standardize those requirements for production approval holders (PAHs), revise export airworthiness approval requirements to facilitate global manufacturing, move all part marking requirements from part 21 to part 45, and amend the identification requirements for products and articles. The intent of these changes is to continue to promote safety by ensuring that aircraft, and products and articles designed specifically for use in aircraft, wherever manufactured, meet appropriate minimum standards for design and construction. This rulemaking was split from RIN 2120-AI78.

    Timetable:

    Action

    Date

    FR Cite

    Final Action

    08/00/09

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Barbara Capron, Department of Transportation, Federal

    Aviation Administration, 800 Independence Avenue, SW, Washington, DC 20591

    Phone: 202 267-3343

    Email: barbara.capron@faa.gov

    RIN: 2120-AJ44

    Page 21985

    Department of Transportation (DOT)

    Long-Term Actions

    Federal Aviation Administration (FAA)

  5. [rplus]FLIGHT CREWMEMBER DUTY LIMITATIONS AND REST REQUIREMENTS

    Legal Authority: 49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC 44101; 49 USC 44701 to 44703; 49 USC 44705; 49 USC 44709 to 44713; 49

    USC 44712 and 44713; 49 USC 44715 to 44717; 49 USC 44722; 49 USC 44901; 49 USC 44903; 49 USC 44912; 49 USC 44904

    Abstract: This rulemaking would amend the regulations on duty period limitations, flight time limitations, and rest requirements for flight crewmembers engaged in air transportation. The changes would respond to the need to ensure that the rules will continue to provide the minimum level of safety. This rulemaking responds to public and congressional interest in regulating flight crewmember rest requirements, NTSB Safety

    Recommendations, petitions for rulemaking, and scientific data. This action is considered significant because of substantial public interest. The FAA is considering proposing additional changes in response to comments received on the NPRM.

    Timetable: Next Action Undetermined

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Larry Youngblut, Flight Standards Service, Department of Transportation, Federal Aviation Administration, 800 Independence

    Avenue SW, Washington, DC 20951

    Phone: 202 267-9360

    Email: larry.youngblut@faa.gov

    RIN: 2120-AI93

    Department of Transportation (DOT)

    Completed Actions

    Federal Aviation Administration (FAA)

  6. [rplus]WASHINGTON, DC, METROPOLITAN AREA SPECIAL FLIGHT RULES AREA

    Legal Authority: 49 USC 106(g); 49 USC 40103; 49 USC 40106; 49 USC 40109; 49 USC 40113; 49 USC 44502

    Abstract: This rulemaking would codify restrictions for certain aircraft operations in the Washington, DC, Metropolitan Area. This action is necessary because of the ongoing threat of terrorist attacks.

    The FAA intends by this action to help the Department of Homeland

    Security and the Department of Defense protect national assets in the

    National Capital region. We are developing the rule in conjunction with the Department of Defense and Department of Homeland Security.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    08/04/05

    70 FR 45250

    Correction

    08/24/05

    70 FR 49515

    NPRM Comment Period End

    11/02/05

    NPRM

    11/07/05

    70 FR 67388

    End of Extended Comment Period 02/06/06

    Final Rule

    12/16/08

    73 FR 76195

    Correction

    12/29/08

    73 FR 79313

    Final Rule Effective

    02/17/09

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Ellen Crum, Air Traffic Systems Operations, Department of Transportation, Federal Aviation Administration, 800 Independence

    Avenue SW, Washington, DC 20591

    Phone: 202 267-8783

    Email: ellen.crum@dot.gov

    RIN: 2120-AI17

  7. [rplus]PRODUCTION AND AIRWORTHINESS APPROVALS

    Legal Authority: 42 USC 7572; 49 USC 106(g); 49 USC 40105; 49 USC 40113; 49 USC 44701; 49 USC 44704; 49 USC 44707; 49 USC 44709; 49 USC 44711; 49 USC 44713; 49 USC 44715; 49 USC 45303; 49 USC 44702

    Abstract: This rulemaking would change certification procedures and identification requirements for aeronautical products and parts. The changes would address standardizing requirements for production approval holders; requiring production approval holders to issue airworthiness approvals for aircraft engines, propellers, and other aviation parts; requiring manufacturers to mark all parts and components; and revising export airworthiness approval requirements to facilitate global manufacturing. The intent of these changes is to promote safety by ensuring that aircraft, and parts designed specifically for use in aircraft, wherever manufactured, meet applicable standards. This action is also necessary to update our regulations to reflect the current global aircraft and aircraft parts manufacturing environment. Some of the information reported here, under

    RIN 2120-AI78, was inadvertently included. It pertains to RIN 2120-

    AJ44. The rulemaking under RIN 2120-AI78 was published on 11/23/2007 and became effective on 1/14/2008. Rulemaking 2120-AI78 is complete and will not be on the next report.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    10/05/06

    71 FR 58914

    NPRM Comment Period Extended 12/20/06

    71 FR 76224

    NPRM Comment Period End

    01/03/07

    End of Extended Comment Period 02/05/07

    Notice of Availability and

    Request for comments

    02/14/07

    72 FR 6968

    Comment Period End

    04/02/07

    Final Rule

    11/13/07

    72 FR 63797

    Final Rule Effective

    01/14/08

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Barbara Capron, Department of Transportation, Federal

    Aviation Administration, 800 Independence Avenue, SW, Washington, DC 20591

    Phone: 202 267-3343

    Email: barbara.capron@faa.gov

    RIN: 2120-AI78

    BILLING CODE 4910--13--S

    Page 21986

    Department of Transportation (DOT)

    Proposed Rule Stage

    Federal Motor Carrier Safety Administration (FMCSA)

  8. [rplus]UNIFIED REGISTRATION SYSTEM

    Legal Authority: PL 104-88; 109 Stat. 803, 888 (1995); 49 USC 13908; PL 109-159, sec 4304

    Abstract: This rulemaking would replace three current identification and registration systems: the US DOT number identification system, the commercial registration system, and the financial responsibility system, with an online Federal unified registration system. This program would serve as a clearinghouse and depository of information on, and identification of, brokers, freight forwarders, and others required to register with the Department of Transportation. The Agency is revising this rulemaking to address amendments directed by SAFETEA-

    LU. The replacement system for the Single State Registration System, which the ICC Termination Act originally directed be merged under URS, will be addressed separately.

    Timetable:

    Action

    Date

    FR Cite

    ANPRM

    08/26/96

    61 FR 43816

    ANPRM Comment Period End

    10/25/96

    NPRM

    05/19/05

    70 FR 28990

    NPRM Comment Period End

    08/17/05

    Supplemental NPRM

    03/00/10

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Valerie Height, Management Analyst, Department of

    Transportation, Federal Motor Carrier Safety Administration, Office of

    Policy Plans and Regulation (MC-PRR), 1200 New Jersey Avenue SE,

    Washington, DC 20590

    Phone: 202 366-0901

    Email: valerie.height@dot.gov

    RIN: 2126-AA22

    Department of Transportation (DOT)

    Final Rule Stage

    Federal Motor Carrier Safety Administration (FMCSA)

  9. INTERSTATE VAN OPERATIONS

    Legal Authority: PL 109-59 (2005), sec 4136

    Abstract: This rulemaking would make the requirements concerning driver qualifications; driving of CMVs; parts and accessories necessary for safe operations; hours of service; and inspection, repair, and maintenance applicable to the operation of vehicles designed or used to transport between 9 and 15 passengers (including the driver) for direct compensation, in interstate commerce, regardless of the distance traveled. Currently the safety regulations apply to such vans when the vehicle is operated beyond a 75 air-mile radius of the driver's work reporting location. This action is in response to SAFETEA-LU.

    Timetable:

    Action

    Date

    FR Cite

    Final Action

    07/00/09

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Thomas Yager, Driver and Carrier Operations Division,

    Department of Transportation, Federal Motor Carrier Safety

    Administration, 1200 New Jersey Avenue SE, Washington, DC 20590

    Phone: 202 366-4325

    Email: tom.yager@dot.gov

    RIN: 2126-AA98

  10. [rplus]COMMERCIAL DRIVER'S LICENSE TESTING AND COMMERCIAL LEARNER'S

    PERMIT STANDARDS

    Legal Authority: PL 109-347, sec 703; 49 USC 31102; PL 105-178, 112

    Stat 414 (1998); PL 99-570, title XII, 100 Stat 3207 (1086); PL 102- 240, sec 4007(a)(1), Stat. 1914, 2151; PL 109-59 (2005), sec 4122; 49

    USC 31136

    Abstract: This rulemaking would establish revisions to the commercial driver's license knowledge and skills testing standards as required by section 4019 of TEA-21, implement fraud detection and prevention initiatives at the State driver licensing agencies as required by the

    SAFE Port Act of 2006, and establish new minimum Federal standards for

    States to issue commercial learner's permits (CLPs), based in part on the requirements of section 4122 of SAFETEA-LU. In addition, to ensuring the applicant has the appropriate knowledge and skills to operate a commercial motor vehicle, this rule would establish the minimum information that must be on the CLP document and the electronic driver's record. The rule would also establish maximum issuance and renewal periods, establish a minimum age limit, address issues related to a driver's State of Domicile, and incorporate previous regulatory guidance into the Federal regulations. This rule would also address issues raised in the SAFE Port Act.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    04/09/08

    73 FR 19282

    NPRM Comment Period Extended 06/09/08

    73 FR 32520

    NPRM Comment Period End

    06/09/08

    Second NPRM Comment Period End 07/09/08

    Final Action

    02/00/10

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Robert Redmond, Senior Transportation Specialist,

    Department of Transportation, Federal Motor Carrier Safety

    Administration, 1200 New Jersey Avenue SE, Washington, DC 20590

    Phone: 202 366-5014

    Email: robert.redmond@dot.gov

    RIN: 2126-AB02

    Page 21987

    Department of Transportation (DOT)

    Long-Term Actions

    Federal Motor Carrier Safety Administration (FMCSA)

  11. [rplus]SAFETY MONITORING SYSTEM AND COMPLIANCE INITIATIVE FOR

    MEXICO-DOMICILED MOTOR CARRIERS OPERATING IN THE UNITED STATES

    Legal Authority: PL 107-87, sec 350; 49 USC 113; 49 USC 31136; 49 USC 31144; 49 USC 31502; 49 USC 504; 49 USC 5113; 49 USC 521(b)(5)(A)

    Abstract: This rule would implement a safety monitoring system and compliance initiative designed to evaluate the continuing safety fitness of all Mexico-domiciled carriers within 18 months after receiving a provisional Certificate of Registration or provisional authority to operate in the United States. It also would establish suspension and revocation procedures for provisional Certificates of

    Registration and operating authority, and incorporate criteria to be used by FMCSA in evaluating whether Mexico-domiciled carriers exercise basic safety management controls. The interim rule included requirements that were not proposed in the NPRM but which are necessary to comply with the FY-2002 DOT Appropriations Act. On January 16, 2003, the Ninth Circuit Court of Appeals remanded this rule, along with two other NAFTA-related rules, to the agency, requiring a full environmental impact statement and an analysis required by the Clean

    Air Act. On June 7, 2004, the Supreme Court reversed the Ninth Circuit and remanded the case, holding that FMCSA is not required to prepare the environmental documents. FMCSA is waiting for Interim Final Rule experience after the border opens before deciding what to do next on this rulemaking. FMCSA originally planned to publish a final rule by

    November 28, 2003.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    05/03/01

    66 FR 22415

    NPRM Comment Period End

    07/02/01

    Interim Final Rule

    03/19/02

    67 FR 12758

    IFR Comment Period End

    04/18/02

    IFR Effective*

    05/03/02

    Notice of Intent To Prepare an

    EIS

    08/26/03

    68 FR 51322

    EIS Public Scoping Meetings

    10/08/03

    68 FR 58162

    Next Action Undetermined

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Dominick Spataro, Chief, CDL Division (MC-ESL),

    Department of Transportation, Federal Motor Carrier Safety

    Administration, 1200 New Jersey Avenue SE, Washington, DC 20590

    Phone: 202 366-2995

    Email: dominick.spataro@dot.gov

    RIN: 2126-AA35

  12. [rplus]NATIONAL REGISTRY OF CERTIFIED MEDICAL EXAMINERS

    Legal Authority: PL 109-59 (2005), sec 4116

    Abstract: This rulemaking would establish training, testing and certification standards for medical examiners responsible for certifying that interstate commercial motor vehicle drivers meet established physical qualifications standards; provide a database (or

    National Registry) of medical examiners that meet the prescribed standards for use by motor carriers, drivers, and Federal and State enforcement personnel in determining whether a medical examiner is qualified to conduct examinations of interstate truck and bus drivers; and require medical examiners to transmit electronically to FMCSA the name of the driver and a numerical identifier for each driver that is examined. The rulemaking would also establish the process by which medical examiners that fail to meet or maintain the minimum standards would be removed from the National Registry. This action is in response to section 4116 of Safe, Accountable, Flexible, Efficient,

    Transportation Equity Act: A Legacy for Users.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    12/01/08

    73 FR 73129

    NPRM Comment Period End

    01/30/09

    Final Action

    04/00/10

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Dr. Mary D. Gunnels, Director, Office of Medical

    Programs, Department of Transportation, Federal Motor Carrier Safety

    Administration, 1200 New Jersey Avenue SE, Washington, DC 20590

    Phone: 202 366-4001

    Email: maggi.gunnels@dot.gov

    RIN: 2126-AA97

    Department of Transportation (DOT)

    Completed Actions

    Federal Motor Carrier Safety Administration (FMCSA)

  13. [rplus]NEW ENTRANT SAFETY ASSURANCE PROCESS

    Legal Authority: PL 106-159, sec 210; 113 Stat 1748 (1999); PL 107-87, sec 350; 49 USC 31144

    Abstract: This rule will change the New Entrant Safety Assurance

    Process by raising the standard of compliance for passing the new entrant safety audit. It also makes clarifying changes to some of the existing new entrant regulations. The rule also proposes a separate application procedure and safety oversight system for non-North

    America-domiciled motor carriers. The rule will improve the Agency's ability to identify at-risk new entrant carriers and will ensure deficiencies in basic safety management controls are corrected before the new entrant is granted permanent registration. These changes will not impose additional operational requirements on any new entrant carrier. All new entrants will continue to receive educational information on how to comply with the safety regulations and be given an opportunity to correct any deficiencies found. FMCSA recognizes many new entrants are small businesses that are unaware of these requirements and continue to need our assistance.

    Timetable:

    Action

    Date

    FR Cite

    Interim Final Rule (IFR)

    05/13/02

    67 FR 31978

    IFR Comment Period End

    07/12/02

    IFR Effective

    01/01/03

    NPRM

    12/21/06

    71 FR 76730

    NPRM Comment Period End

    02/20/07

    Final Rule

    12/16/08

    73 FR 76472

    Final Rule Effective

    02/17/09

    Page 21988

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Stephanie Haller, Enforcement and Compliance Division,

    Department of Transportation, Federal Motor Carrier Safety

    Administration, 1200 New Jersey Avenue SE, Washington, DC 20590

    Phone: 202 366-0178

    Email: stephanie.haller@dot.gov

    RIN: 2126-AA59

  14. [rplus]REQUIREMENTS FOR INTERMODAL EQUIPMENT PROVIDERS AND MOTOR

    CARRIERS AND DRIVERS OPERATING INTERMODAL EQUIPMENT

    Legal Authority: 49 USC 31136; 49 USC 31151; PL 109-59 (2005), sec 4118; 49 USC 31502

    Abstract: This rulemaking would require entities that offer intermodal container chassis for transportation in interstate commerce to: file a

    Motor Carrier Identification Report (Form MCS-150); display a USDOT identification number on each chassis offered for such transportation; establish a systematic inspection, repair, and maintenance program to ensure the safe operating condition of each chassis offered for transportation and maintain documentation of the program; and provide a means for effectively responding to driver and motor carrier complaints about the condition of intermodal container chassis. The rulemaking is considered significant because of substantial industry and congressional interest and because it involves other departmental modes. It is required by SAFETEA-LU.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    12/21/06

    71 FR 76796

    NPRM Comment Period End

    03/21/07

    Comment Period Extended

    04/13/07

    72 FR 18615

    Extended Comment Period End

    05/21/07

    Final Rule

    12/17/08

    73 FR 76794

    Final Rule Effective

    06/17/09

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Deborah M. Freund, Senior Transportation Specialist,

    Department of Transportation, Federal Motor Carrier Safety

    Administration, 1200 New Jersey Avenue SE, Washington, DC 20590

    Phone: 202 366-5370

    Email: deborah.freund@dot.gov

    RIN: 2126-AA86

    BILLING CODE 4910--EX--S

    Department of Transportation (DOT)

    Final Rule Stage

    National Highway Traffic Safety Administration (NHTSA)

  15. EARLY WARNING REPORTING INFORMATION

    Legal Authority: 49 USC 30166

    Abstract: This rulemaking would amend certain provisions of the early warning reporting (EWR) rule published pursuant to the Transportation

    Recall, Enhancement, Accountability and Documentation (TREAD) Act. This rulemaking would modify the threshold for submitting quarterly EWR reports for some manufacturers and add new requirements to maintain the consistency of the EWR data from quarter to quarter. This rulemaking has been downgraded and will not appear on next month's report.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    12/05/08

    73 FR 74101

    NPRM Comment Period End

    02/03/09

    Final Action

    02/00/10

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Christina Morgan, Chief, Early Warning Reporting,

    Department of Transportation, National Highway Traffic Safety

    Administration, 1200 New Jersey Avenue SE, Washington, DC 20590

    Phone: 202 366-4238

    Email: tina.morgan@dot.gov

    RIN: 2127-AK28

    BILLING CODE 4910--59--S

    Department of Transportation (DOT)

    Final Rule Stage

    Federal Transit Administration (FTA)

  16. BUS TESTING: PHASE-IN OF BRAKE PERFORMANCE AND EMISSIONS TESTING,

    AND PROGRAM UPDATES (SECTION 610 REVIEW)

    Legal Authority: 49 USC 5318(a)

    Abstract: This rulemaking would modify the Bus Testing rule to incorporate tests for brake performance and emissions. This rulemaking would also update and clarify the existing regulation found at 49 CFR 665.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    09/30/08

    73 FR 56781

    NPRM Comment Period End

    12/01/08

    Final Action

    10/00/09

    Regulatory Flexibility Analysis Required: No

    Agency Contact: Richard Wong, Attorney-Advisor, Department of

    Transportation, Federal Transit Administration, 1200 New Jersey Avenue

    SE, Washington, DC 20590

    Phone: 202 366-6067

    Fax: 202 366-3809

    Email: richard.wong@dot.gov

    RIN: 2132-AA95

  17. BUY AMERICA; PETITION FOR RULEMAKING (SECTION 610 REVIEW)

    Legal Authority: 49 USC 5323(j)

    Abstract: This rulemaking would address the treatment of bi-metallic aluminum rail under FTA's Buy America rule. Presently, both running rail (carrying the weight of the train) and power rail (carrying the electric power supply) are treated alike under the Buy America regulation, i.e., all rail

    Page 21989

    products must be produced in the United States, including all manufacturing processes, except metallurgical processes involving refinement of steel additives. During its recent Buy America rulemaking, FTA received several requests to classify bi-metallic aluminum rail as ``traction power equipment.'' Such a move would subject bi-metallic aluminum rail to a 60/40% domestic/non-domestic content requirement, provided that final assembly takes place in the

    United States.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    11/24/08

    73 FR 70950

    NPRM Comment Period End

    01/23/09

    Final Action

    06/00/09

    Regulatory Flexibility Analysis Required: No

    Agency Contact: Richard Wong, Attorney-Advisor, Department of

    Transportation, Federal Transit Administration, 1200 New Jersey Avenue

    SE, Washington, DC 20590

    Phone: 202 366-6067

    Fax: 202 366-3809

    Email: richard.wong@dot.gov

    RIN: 2132-AA99

    Department of Transportation (DOT)

    Long-Term Actions

    Federal Transit Administration (FTA)

  18. SCHOOL BUS OPERATIONS (SECTION 610 REVIEW)

    Legal Authority: 49 USC 5323(f)

    Abstract: This rulemaking would amend the regulations that govern the provision of services to school students and personnel by recipients of

    Federal funds from the Federal Transit Administration for consistency with the statutory provisions enacted by SAFETEA-LU regarding penalties for violations of the regulations. This rulemaking would also clarify the existing requirements for differentiating permissible services from prohibited services to school students and personnel.

    Timetable: Next Action Undetermined

    Regulatory Flexibility Analysis Required: No

    Agency Contact: Michael Culotten, Attorney-Advisor, Department of

    Transportation, Federal Transit Administration, 1200 New Jersey Avenue

    SE, Washington, DC 20590

    Phone: 202 493-0509

    Fax: 202 366-3809

    RIN: 2132-AB00

    Department of Transportation (DOT)

    Completed Actions

    Federal Transit Administration (FTA)

  19. [rplus]MAJOR CAPITAL INVESTMENT PROJECTS--NEW/SMALL STARTS

    Legal Authority: PL 109-59, sec 3011

    Abstract: This rulemaking would establish a simplified evaulation process for projects seeking less than $75 million in New Starts funds.

    The rule will set out FTA's evaluation and rating process for proposed projects based on the results of project justification and local financial commitment. This action is mandated by SAFETEA-LU. The 2008

    Appropriations Act prohibited a Final Rule. A Continuing Resolution

    (Pub. L. 110-329, Division A) continues in effect the prohibition of the 2008 Appropriations Act on the issuance of a Final Rule.

    Timetable:

    Action

    Date

    FR Cite

    ANPRM

    01/30/06

    71 FR 4864

    ANPRM Comment Period End

    03/10/06

    NPRM

    08/03/07

    72 FR 43328

    NPRM Comment Period End

    11/01/07

    Withdrawn

    02/17/09

    74 FR 7388

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Christopher VanWyk, Attorney-Advisor, Department of

    Transportation, Federal Transit Administration, 1200 New Jersey Avenue

    SE, Washington, DC 20590

    Phone: 202 366-1733

    Email: christopher.vanwyk@fta.dot.gov

    RIN: 2132-AA81

    BILLING CODE 4910--57--S

    Department of Transportation (DOT)

    Completed Actions

    Pipeline and Hazardous Materials Safety Administration (PHMSA)

  20. [rplus]HAZARDOUS MATERIALS: ENHANCING RAIL TRANSPORTATION SAFETY

    AND SECURITY FOR HAZARDOUS MATERIALS SHIPMENTS

    Legal Authority: 49 USC 5101 to 5127

    Abstract: In consultation with the Federal Railroad Administration

    (FRA), PHMSA would revise the current requirements on the safe and secure transportation of hazardous materials transported in commerce by rail. It may require rail carriers to (1) compile annual data on certain shipments of hazardous materials and use the data to analyze safety and security risks along rail transportation routes where those materials are transported; (2) assess alternative routing options and make routing decisions based on those assessments; and (3) clarify the current security plan requirements to address en route storage and delays in transit. This rulemaking was scheduled to have a final rule published by 12/24/2007.

    Page 21990

    Timetable:

    Action

    Date

    FR Cite

    Request for Comments

    08/10/04

    69 FR 50987

    Comment Period End

    10/18/04

    NPRM

    12/21/06

    71 FR 76834

    NPRM Comment Period End

    02/20/07

    Interim Final Rule

    04/16/08

    73 FR 20751

    Interim Final Rule Effective 06/01/08

    Final Rule

    11/26/08

    73 FR 72182

    Final Rule Effective

    12/26/08

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Susan Gorsky, Senior Regulations Specialist, Department of Transportation, Pipeline and Hazardous Materials Safety

    Administration, 1200 New Jersey Avenue SE, Washington, DC 20590

    Phone: 202 366-8553

    Email: susan.gorsky@dot.gov

    RIN: 2137-AE02

    BILLING CODE 4910--60--S

    Department of Transportation (DOT)

    Proposed Rule Stage

    Maritime Administration (MARAD)

  21. [rplus]CARGO PREFERENCE--COMPROMISE, ASSESSMENT,

    MITIGATION, SETTLEMENT AND COLLECTION OF CIVIL PENALTIES

    Legal Authority: PL 110-417

    Abstract: This rulemaking would establish part 383 of the Cargo

    Preference regulations. This rulemaking would cover Public Law 110-417, section 3511, National Defense Authorization Act for FY 2009 statutory changes to the cargo preference rules, which have not been substantially revised since 1971. The rulemaking also would include compromise, assessment, mitigation, settlement, and collection of civil penalties.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    04/00/09

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Christine Gurland, Department of Transportation,

    Maritime Administration, 1200 New Jersey Avenue SE, Washington, DC 20405

    Phone: 202 366-5157

    Email: christine.gurland@dot.gov

    RIN: 2133-AB75

    FR Doc. E9-10277 Filed 05-08-09; 8:45 am

    BILLING CODE 4910-81-S