Department Regulatory Agenda; Semiannual Summary

Federal RegisterApr 26, 2010

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Part XII

Department of Transportation

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###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 December 7, 2009 (74 FR 64470). The next

one is scheduled for publication in the Federal Register in October

2010.

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) decide a rule is subject to its

review under Executive Order 12866, we have classified it as

significant in the agenda.

Explanation of Information on the Agenda

The format for this agenda is required by a fall 2010

memorandum from the Office of Management and Budget.

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

agenda is divided into five categories: (1) Prerule stage, (2)

proposed rule stage, (3) final

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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

or any of the offices within the Department with regard to any

specific item on the agenda. Regulatory action, in addition to the

items listed, is not precluded.

Dated: March 22, 2010.

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.

(Name of contact person), (Name of the DOT agency), 1200 New

Jersey Avenue SE., Washington, DC 20590. (For the Federal Aviation

Administration, substitute the following address: Office of

Rulemaking, ARM-1, 800 Independence Avenue SW., Washington, DC

20591).

Appendix B--General Rulemaking Contact Persons

The following is a list of persons who can be contacted within

the Department for general information concerning the

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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. LaFreniere, Regulatory Ombudsman, 1200 New

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

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

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

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

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

493-6063.

FTA - 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 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

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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

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Analysis

Year Regulations To Be Reviewed Year Review Year

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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

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

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Year 1 (fall 2008) List of rules with ongoing analysis

49 CFR part 91 - International Air Transportation Fair Competitive

Practices

49 CFR part 92 - Recovering Debts to the United States by Salary Offset

49 CFR part 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

Year 2 (fall 2009) List of rules that will be analyzed during the next

year

48 CFR part 1201 - Federal acquisition regulations system

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48 CFR part 1202 - Definitions of words and terms

48 CFR part 1203 - Improper business practices and personal conflicts

of interest

48 CFR part 1204 - Administrative matters

48 CFR part 1205 - Publicizing contract actions

48 CFR part 1206 - Competition requirements

48 CFR part 1207 - Acquisition planning

48 CFR part 1211 - Describing agency needs

48 CFR part 1213 - Simplified acquisition procedures

48 CFR part 1214 - Sealed bidding

48 CFR part 1215 - Contracting by negotiation

48 CFR part 1216 - Types of contracts

48 CFR part 1217 - Special contracting methods

48 CFR part 1219 - Small business programs

48 CFR part 1222 - Application of labor laws to government acquisitions

48 CFR part 1223 - Environment, energy and water efficiency, renewable

energy technologies, occupational safety, and drug-free workplace

48 CFR part 1224 - Protection of privacy and freedom of information

48 CFR part 1227 - Patents, data, and copyrights

48 CFR part 1228 - Bonds and insurance

48 CFR part 1231 - Contract cost principles and procedures

48 CFR part 1232 - Contract financing

48 CFR part 1233 - Protests, disputes, and appeals

48 CFR part 1234 - [Reserved]

48 CFR part 1235 - Research and development contracting

48 CFR part 1236 - Construction and architect-engineer contracts

48 CFR part 1237 - Service contracting

48 CFR part 1239 - Acquisition of information technology

48 CFR part 1242 - Contract administration and audit services

48 CFR part 1245 - Government property

48 CFR part 1246 - Quality assurance

48 CFR part 1247 - Transportation

48 CFR part 1252 - Solicitation provisions and contract clauses

48 CFR part 1253 - Forms

FEDERAL AVIATION ADMINISTRATION

SECTION 610 REVIEW PLAN

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Analysis

Year Regulations To Be Reviewed Year Review Year

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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 below. During the first year (the

``analysis year''), all rules published during the previous 10 years

within a 10 percent block of the regulations will be analyzed to

identify those with a SEIOSNOSE. During the second year (the ``review

year''), each rule identified in the analysis year as having a

SEIOSNOSE 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.

Tri-Annual Review Plan

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.

Our latest review notice was published November 15, 2007 (72 FR 64170).

In that notice, we requested comments from the public to identify those

regulations currently in effect that we should amend, remove, or

simplify. We also requested the public provide any specific suggestions

[[Page 21845]]

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 we will

adjust our regulatory priorities.

Year 1 (2008) List of rules analyzed and summary of results

14 CFR part 119 - Certification: Air Carriers and Commercial Operators

Section 610: The Agency conducted a Section 610 Review of this

part and found no amendments with a SEIOSNOSE.

14 CFR part 121 - Operating Requirements: Domestic, Flag, and

Supplemental Operations

Section 610: The Agency conducted a Section 610 Review of this

part and found six amendments that could have a SEIOSNOSE.

Amendment No. 121-216

Amendment No. 121-216 removed the requirement that windshear flight

guidance equipment be installed on older airplanes; amended the

provision allowing for an extended compliance period based on an

approved airplane retrofit schedule; and provided for acceptance of

alternative airplane equipment in the form of an approved airborne

windshear detection and avoidance system (predictive systems). The

final rule allowed certificate holders to install windshear equipment

in coordination with the installation of traffic alert and collision

avoidance system (TCAS II) equipment, thereby reducing the prospect

that carriers would have to divert critical maintenance resources from

other safety programs.

Original FAA finding: This amendment primarily was in response to an

Air Transport Association (ATA) petition to the FAA, dated June 1,

1989, to amend the windshear rule to exclude certain older airplanes

from the flight guidance systems requirements and to extend the

compliance date. The FAA determined that ATA's petition had merit and

issued amendment No. 121-216. In doing so, the FAA found that there

would be a significant beneficial economic impact on a substantial

number of small nonscheduled part 121 certificate holders due to the

cost relief from not having to install the equipment on certain older

aircraft.

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

to small entities of amendment No. 121-216 have probably diminished

over time. However, the original FAA finding of a positive SEIOSNOSE

should still stand.

Amendment No. 121-269

Amendment No. 121-269 upgraded the fire safety standards for cargo or

baggage compartments in certain transport category airplanes by

eliminating Class D compartments as an option for future type

certification.

Original FAA finding: The FAA found that this amendment would have a

SEIOSNOSE. The FAA conducted an exhaustive analysis of potential

alternatives to seek possible ways of mitigating the burden on small

entities and still provide an equivalent level of safety. In its

analysis, the Agency considered several alternatives that ranged from

relatively low-cost, purely preventive approaches (e.g., banning

certain types of material from air transport), to mitigating approaches

such as: (1) Retrofit of detection systems only; (2) a requirement for

detection systems on newly manufactured aircraft only; (3) a

requirement for detection and/or suppression systems for extended over

water operations only; (4) retrofit of detection and suppression

systems; (5) a requirement for detection and suppression systems on

newly manufactured aircraft only; and (6) logical combinations of these

alternatives.

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

comment period, the FAA did not receive any comments that indicated

that the amendment would place small part 121 operators at a

competitive disadvantage relative to large part 121 operators or that

there were alternatives that could provide the same level of safety

benefit at reduced costs to small operators. Moreover, no analysis was

submitted that indicated that fire safety risks for small part 121

carriers differed from those large part 121 carriers. Therefore, even

though this amendment did have a SEIOSNOSE, it was necessary in order

to achieve the level of safety sought by this rule action.

Amendment No. 121-282

Amendment No. 121-282 required design approval holders of certain

turbine-powered transport category airplanes, and of any subsequent

modifications to these airplanes, to substantiate that the design of

the fuel tank system precluded the existence of ignition sources within

the airplane fuel tanks. It also required developing and implementing

maintenance and inspection instructions to assure the safety of the

fuel tank system. For new type designs, this amendment also required

demonstrating that ignition sources could not be present in fuel tanks

when failure conditions were considered, identifying any safety-

critical maintenance actions, and incorporating a means either to

minimize development of flammable vapors in fuel tanks or to prevent

catastrophic damage if ignition did occur.

Original FAA finding: The FAA determined that this amendment would have

a SEIOSNOSE. The FAA identified 143 air carriers that would be impacted

by this amendment. Of the 143 impacted air carriers, 107 were small

airlines.

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

mitigate the costs to the extent possible without reducing the

effectiveness of the amendment, the FAA extended operator compliance

time from 18 months to 36 months. In addition, the Agency determined

that fewer fuel tank re-inspections would be needed than originally

estimated in the NPRM. The net result of these modifications was to

reduce the overall cost impact from $172.2 million to $126.6 million

(in 2000 dollars), a 26.4 percent reduction. The FAA was not able to

identify any other alternatives that could reduce the cost impact to

small entities and still achieve the desired safety results. A review

of the petition for exemption history revealed that no relief was

sought from this amendment since its issuance.

[[Page 21846]]

Amendment No. 121-284

Amendment No. 121-284 (67 FR 72726) required airplanes operated under

part 121 to undergo inspections and records reviews by the

Administrator or a designated representative after their 14th year in

service and at specified intervals thereafter. This amendment also

prohibited operation of those airplanes after specified deadlines

unless damage-tolerance-based inspections and procedures were included

in their maintenance or inspection programs. This amendment represented

a critical step toward compliance with the Aging Aircraft Safety Act of

1991.

Original FAA finding: The FAA conducted a full regulatory flexibility

analysis to assess the impact of this amendment on small entities. The

FAA determined that 58 small part 121 carriers would be impacted by

this amendment. Two of these were estimated to incur annualized costs

greater than 1 percent of annual revenues. A step the FAA took to

significantly lower compliance costs on the carriers, including small

entities, was to lengthen the time period between required inspections

from 5 years to 7 years. This longer period was expected to lower

compliance costs to operators by enabling them to schedule the required

inspections during heavy maintenance checks. To further assist carriers

in complying with the requirements, the FAA also issued an advisory

circular to provide guidance for complying with a damage-tolerance

supplemental structural inspections program (DT-SSIP).

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

the petition for exemption records indicated that no one sought relief

from these requirements since they were implemented. The FAA took

actions to minimize the costs on small entities to the extent that it

thought was possible and still meet the objectives of the Aging

Aircraft Safety Act. Based on the comments it received in response to

this interim final rule, the FAA took further steps in amendment No.

121-284 (70 FR 5517).

Amendment No. 121-297

Amendment No. 121-297 introduced airplane weight and performance

characteristics as the basis for collision avoidance system

requirements to capture cargo airplanes weighing more than 33,000

pounds maximum certificated takeoff weight (MCTOW). This action was

mandated by the Wendell H. Ford Aviation Investment and Reform Act

(AIR-21), enacted April 5, 2000, to take measures to reduce the risk

and collateral damage of a mid-air collision involving a cargo

airplane.

Original FAA finding: The FAA found that this amendment would have a

SEIOSNOSE. The FAA identified 24 all cargo turbine-powered fleet

operators who would be impacted by this amendment. Eleven, or roughly

46 percent, of these operators were determined to be significantly

impacted. The FAA identified seven all cargo piston-powered operators

who would be impacted by this amendment. Six, or 86 percent, of these

operators were determined to be significantly impacted. The Agency

believed that a compliance cost of 2 percent or less of a firm's

revenue was affordable. The costs to these firms exceeded this level.

Due to the congressional mandate, the FAA was limited in what actions

it could take to mitigate the impact on small entities. The Agency was

able, however, to reduce the TCAS requirement from TCAS II to TCAS I

for piston-powered airplanes to mitigate some of the costs to operators

of those airplanes. It also eliminated the requirement for TCAS I in

turbine-powered airplanes of less than 33,000 pounds maximum

certificated takeoff weight. Finally, the FAA set the rule's compliance

date at the latest date allowed by the congressional mandate. Taken

together, these measures were viewed as the upper level of the extent

to which the FAA could mitigate cost impacts on small entities and

still achieve the goals of the legislation.

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

2003 and January 2005, the FAA received five petitions from small

entities for exemption from the TCAS requirements of this amendment.

Two of these exemptions were denied because they sought relief strictly

on the basis of economic impact and did not differ in any material way

from other similar requests that had been denied in the past for

airplanes involved in non-cargo operations. Three exemptions were

granted because they were found to be necessary to ensure that needed

services in Alaska would not be disrupted and doing so would not

adversely impact safety. The original FAA finding of a SEIOSNOSE held

true but should be fully diminished as the compliance date is 4 years

past.

Amendment No. 121-340

Amendment No. 121-340 established a performance-based set of

requirements that set acceptable flammability exposure values in tanks

most prone to explosion or required the installation of an ignition

mitigation means in an affected fuel tank.

Original FAA finding: The FAA determined that this amendment would have

a SEIOSNOSE. The FAA identified 14 small air carriers that would be

affected. Of these 14, 3 were found to be affected significantly. This

determination was based on whether or not the cost to the carrier was

equal to or exceeded 2 percent of its revenue. Three carriers met this

criterion. The FAA considered several alternative approaches to this

amendment to ease the burden on small carriers. The Agency concluded

that this amendment provided the best balance of cost and benefits for

the United States society. The FAA argued, further, that the risk is

largely the same, regardless of whether the plane was flown by a large

or small entity.

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

amendment still has a SEIOSNOSE. The FAA will need to make a

determination regarding the continued need for this regulation.

14 CFR part 125 - Certification and Operations: Airplanes Having a

Seating Capacity of 20 or More Passengers or a Maximum Payload Capacity

of 6,000 Pounds or More; and Rules Governing Persons on Board Such

Aircraft

Section 610: The Agency conducted a Section 610 Review of this

part and found part 125 itself and five amendments that could have a

SEIOSNOSE.

[[Page 21847]]

Part 125

Part 125 provides a single set of certification and operation rules for

U.S.-registered airplanes, which have a seating capacity of 20 or more

passengers or a maximum payload capacity of 6,000 pounds or more when

used in any non-common (private) carriage operation.

Original FAA finding: The economic impacts of part 125 were estimated

and documented by a study conducted by the Aerospace Corporation during

December 1978 and January 1979 and reflected data available at that

time. While their study did not specifically address the economic

impact on small entities, their estimate of $88.28 million in first

year total costs (in 1979 dollars, $222.2 million in current dollars),

and $20.45 million in recurring annual costs (in 1979 dollars, $51.12

million in current dollars), it can reasonably be concluded that this

rule did have a SEIOSNOSE.

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

petitions for exemption from part 125 revealed that relief was

generally sought from safety requirements such as collision avoidance

systems. The FAA denied these requests because petitioners were never

able to provide convincing arguments for why it would be in the public

interest to grant them the requested relief. There was no evidence in

the record to suggest that part 125 continues to have a SEIOSNOSE.

Amendment No. 125-10

Amendment No. 125-10 required digital flight data recorders and cockpit

voice recorders (CVRs) to be installed in a broad category of airplanes

and rotorcraft operated by air carriers and commuters, as well as, in

selected aircraft operated in general aviation.

Original FAA finding: The FAA determined that this amendment could have

aSEIOSNOSE. In order to mitigate the cost to some extent, the FAA

modified its proposal to extend the compliance period from 2 years to 3

years. Given that this rule action was in response to a congressional

mandate, the Agency was constrained to take sufficient action to ensure

the NTSB had available data in needed for accident investigation

purposes if acquiring that data was technologically feasible.

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

rulemaking was promulgated over 20 years ago, the cost impact has

diminished substantially and has approached if not reached a negligible

level. This analysis concludes that there is no longer a SEIOSNOSE as a

result of this amendment.

Amendment No. 125-11

This amendment required the installation and use of a Traffic Alert and

Collision Avoidance System (TCAS) in large transport-type airplanes and

certain turbine-powered smaller airplanes. The Airport and Airway

Safety and Capacity Expansion Act of 1987 directed the FAA to require

the installation and operation of TCAS in commercial aircraft flying in

the United States.

Original FAA finding: The FAA found that this amendment would have a

SEIOSNOSE.

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

estimated the average total cost impact of this amendment on part 125

operators at $96,000 in 1989 dollars ($151,000 in current dollars)

annualized over the period of 1989 to 2003. The FAA concluded, however,

that there were no viable alternatives for small air carriers to adopt

that would reduce the cost of compliance and still achieve the levels

of protection sought by this amendment. This amendment implemented a

congressional mandate, thereby limiting the discretion the Agency had

and still has in mitigating the burden on small entities. Moreover, a

review of the petition for exemption records indicates that the Agency

has been consistent in denying requests for relief from this

requirement on safety grounds. This analysis finds, therefore, that a

SEIOSNOSE may still exist and the FAA will need to make a determination

regarding the continued need for this regulation.

Amendment No. 125-36

Amendment No. 125-36 was part of a larger action that required design

approval holders of certain turbine-powered transport category

airplanes, and any subsequent modifications to these airplanes, to

substantiate that the design of the fuel tank system precluded the

existence of ignition sources within the airplane fuel tanks. It also

required developing and implementing maintenance and inspection

instructions to assure the safety of the fuel tank system. For new type

designs, this amendment also required demonstrating that ignition

sources could not be present in fuel tanks when failure conditions were

considered, identifying any safety-critical maintenance actions, and

incorporating a means either to minimize development of flammable

vapors in fuel tanks or to prevent catastrophic damage if ignition did

occur.

Original FAA finding: The FAA determined that this amendment would have

aSEIOSNOSE. The FAA identified 143 carriers that would be impacted by

this amendment. Of the 143 impacted air carriers, 107 were small