[No title available]

Part XI

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 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

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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

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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

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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

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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

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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.

[[Page 21976]]

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 [rplus]Commuter Operations in Very Light Jets (VLJs).................................. 2120-AI84

245 [rplus]Qualification, 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 [rplus]Automatic Dependent Surveillance--Broadcast (ADS-B) Equipage Mandate To Support 2120-AI92

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

247 [rplus]Production and Airworthiness Approvals......................................... 2120-AJ44

----------------------------------------------------------------------------------------------------------------

[rplus] DOT-designated significant regulation

Federal Aviation Administration--Long-Term Actions

----------------------------------------------------------------------------------------------------------------

Regulation

Sequence Title Identifier

Number Number

----------------------------------------------------------------------------------------------------------------

248 [rplus]Flight 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 [rplus]Washington, DC, Metropolitan Area Special Flight Rules Area.................... 2120-AI17

250 [rplus]Production 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 [rplus]Unified 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 [rplus]Commercial 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 [rplus]Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor 2126-AA35

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

255 [rplus]National 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 [rplus]New Entrant Safety Assurance Process........................................... 2126-AA59

257 [rplus]Requirements 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 [rplus]Major 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 [rplus]Hazardous 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 [rplus]Cargo 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)

_______________________________________________________________________

244. [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

_______________________________________________________________________

245. [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: [email protected]

RIN: 2120-AJ00

_______________________________________________________________________

Department of Transportation (DOT) Final Rule Stage

Federal Aviation Administration (FAA)

_______________________________________________________________________

246. [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: [email protected]

RIN: 2120-AI92

_______________________________________________________________________

247. [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: [email protected]

RIN: 2120-AJ44

[[Page 21985]]

_______________________________________________________________________

Department of Transportation (DOT) Long-Term Actions

Federal Aviation Administration (FAA)

_______________________________________________________________________

248. [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: [email protected]

RIN: 2120-AI93

_______________________________________________________________________

Department of Transportation (DOT) Completed Actions

Federal Aviation Administration (FAA)

_______________________________________________________________________

249. [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: [email protected]

RIN: 2120-AI17

_______________________________________________________________________

250. [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: [email protected]

RIN: 2120-AI78

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[[Page 21986]]

_______________________________________________________________________

Department of Transportation (DOT) Proposed Rule Stage

Federal Motor Carrier Safety Administration (FMCSA)

_______________________________________________________________________

251. [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: [email protected]

RIN: 2126-AA22

_______________________________________________________________________

Department of Transportation (DOT) Final Rule Stage

Federal Motor Carrier Safety Administration (FMCSA)

_______________________________________________________________________

252. 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: [email protected]

RIN: 2126-AA98

_______________________________________________________________________

253. [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: [email protected]

RIN: 2126-AB02

[[Page 21987]]

_______________________________________________________________________

Department of Transportation (DOT) Long-Term Actions

Federal Motor Carrier Safety Administration (FMCSA)

_______________________________________________________________________

254. [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: [email protected]

RIN: 2126-AA35

_______________________________________________________________________

255. [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: [email protected]

RIN: 2126-AA97

_______________________________________________________________________

Department of Transportation (DOT) Completed Actions

Federal Motor Carrier Safety Administration (FMCSA)

_______________________________________________________________________

256. [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: [email protected]

RIN: 2126-AA59

_______________________________________________________________________

257. [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: [email protected]

RIN: 2126-AA86

BILLING CODE 4910--EX--S

_______________________________________________________________________

Department of Transportation (DOT) Final Rule Stage

National Highway Traffic Safety Administration (NHTSA)

_______________________________________________________________________

258. 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: [email protected]

RIN: 2127-AK28

BILLING CODE 4910--59--S

_______________________________________________________________________

Department of Transportation (DOT) Final Rule Stage

Federal Transit Administration (FTA)

_______________________________________________________________________

259. 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: [email protected]

RIN: 2132-AA95

_______________________________________________________________________

260. 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: [email protected]

RIN: 2132-AA99

_______________________________________________________________________

Department of Transportation (DOT) Long-Term Actions

Federal Transit Administration (FTA)

_______________________________________________________________________

261. 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)

_______________________________________________________________________

262. [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: [email protected]

RIN: 2132-AA81

BILLING CODE 4910--57--S

_______________________________________________________________________

Department of Transportation (DOT) Completed Actions

Pipeline and Hazardous Materials Safety Administration (PHMSA)

_______________________________________________________________________

263. [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: [email protected]

RIN: 2137-AE02

BILLING CODE 4910--60--S

_______________________________________________________________________

Department of Transportation (DOT) Proposed Rule Stage

Maritime Administration (MARAD)

_______________________________________________________________________

264. [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: [email protected]

RIN: 2133-AB75

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

BILLING CODE 4910-81-S