[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 May 11, 2009 (74 FR 21970). The next one is

scheduled for publication in the Federal Register in May 2010.

The Internet is the basic means for disseminating the Unified

Agenda. The complete Unified Agenda is available online at

www.reginfo.gov, in a format that offers users a greatly enhanced

ability to obtain information from the Agenda database.

Because publication in the Federal Register is mandated for the

regulatory flexibility agendas required by the Regulatory

Flexibility Act (5 U.S.C. 602), DOT's printed agenda entries

include only:

1. The Agency's agenda preamble;

2. Rules that are in the Agency's regulatory flexibility agenda, in

accordance with the Regulatory Flexibility Act, because they are likely

to have a significant economic impact on a substantial number of small

entities; and

3. Any rules that the Agency has identified for periodic review under

section 610 of the Regulatory Flexibility Act.

Printing of these entries is limited to fields that contain

information required by the Regulatory Flexibility Act's Agenda

requirements. These elements are: Sequence Number; Title; Section

610 Review, if applicable; Legal Authority; Abstract; Timetable;

Regulatory Flexibility Analysis Required; Agency Contact; and

Regulation Identifier Number (RIN). Additional information (for

detailed list see section heading ``Explanation of Information on

the Agenda'') on these entries is available in the Unified Agenda

published on the Internet.

Significant/Priority Rulemakings

The agenda covers all rules and regulations of the Department.

We have classified rules as a DOT agency priority in the agenda if

they are, essentially, very costly, controversial, or of

substantial public interest under our Regulatory Policies and

Procedures. All DOT agency priority rulemaking documents are

subject to review by the Secretary of Transportation. If the Office

of Management and Budget (OMB) 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 fall 2009

memorandum from the Office of Management and Budget.

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

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

proposed rule stage, (3) final rule stage, (4) long-term actions,

and (5)

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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: October 19, 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)

Jennifer Outhouse, 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 New Jersey Avenue SE., Washington, DC 20590.

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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. LaFreniere, Regulatory Ombudsman, 1200 New

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

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

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

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

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

493-6063.

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

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

366-4063.

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

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

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

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

MARAD - Christine Gurland, Office of Chief Counsel, Maritime

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

telephone (202) 366-5157.

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

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

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

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

4723.

Appendix C--Public Rulemaking Dockets

All comments via the Internet are submitted through the Federal

Docket Management System (FDMS) at the following address: http://

www.regulations.gov. The FDMS allows the public to search, view,

download, and comment on all Federal agency rulemaking documents in

one central online system. The above referenced Internet address

also allows the public to sign up to receive notification when

certain documents are placed in the dockets.

The public also may review regulatory dockets at, or deliver

comments on proposed rulemakings to, the Dockets Office at 1200 New

Jersey Avenue SE., Room W12-140, Washington, DC 20590, 1-800-647-

5527. Working Hours: 9-5.

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

Part I - The Plan

General

The Department of Transportation has long recognized the

importance of regularly reviewing its existing regulations to

determine whether they need to be revised or revoked. Our 1979

Regulatory Policies and Procedures require such reviews. We also

have responsibilities under Executive Order 12866 ``Regulatory

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

Act to conduct such reviews. This includes the use of plain

language techniques in new rules and considering its use in

existing rules when we have the opportunity and resources permit

its use. We are committed to continuing our reviews of existing

rules and, if needed, will initiate rulemaking actions based on

these reviews.

Section 610 Review Plan

Section 610 requires that we conduct reviews of rules that (1)

have been published within the last 10 years and (2) have a

``significant economic impact on a substantial number of small

entities'' (SEIOSNOSE). It also requires that we publish in the

Federal Register each year a list of any such rules that we will

review during the next year. The Office of the Secretary and each

of the Department's Operating Administrations have a 10-year review

plan. These reviews comply with

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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

5 14 CFR parts 255 through 298 and 49 CFR part 40......................... 2012 2013

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6 14 CFR parts 300 through 373............................................ 2013 2014

7 14 CFR parts 374 through 398............................................ 2014 2015

8 14 CFR part 399 and 49 CFR parts 1 through 11........................... 2015 2016

9 49 CFR parts 17 through 28.............................................. 2016 2017

10 49 CFR parts 29 through 39 and parts 41 through 89...................... 2017 2018

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

49 CFR part 91 - International Air Transportation Fair Competitive

Practices

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

49 CFR part 93 - Aircraft Allocation

49 CFR part 95 - Advisory Committees

49 CFR part 98 - Enforcement of Restrictions on Post-Employment

Activities

49 CFR part 99 - Employee Responsibilities and Conduct

14 CFR part 200 - Definitions and Instructions

14 CFR part 201 - Air carrier authority under subtitle VII of title 49

of The United States Code [Amended]

14 CFR part 203 - Waiver of Warsaw Convention liability limits and

defenses

14 CFR part 204 - Data to support fitness determinations

14 CFR part 205 - Aircraft accident liability insurance

14 CFR part 206 - Certificates of public convenience and necessity:

Special authorizations and exemptions

14 CFR part 207 - Charter trips by U.S. scheduled air carriers

14 CFR part 208 - Charter trips by U.S. charter air carriers

14 CFR part 211 - Applications for permits to foreign air carriers

14 CFR part 212 - Charter rules for U.S. and foreign direct air

carriers

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

year

48 CFR part 1201 - Federal acquisition regulations system

48 CFR part 1202 - Definitions of words and terms

48 CFR part 1203 - Improper business practices and personal conflicts

of interest

48 CFR part 1204 - Administrative matters

48 CFR part 1205 - Publicizing contract actions

48 CFR part 1206 - Competition requirements

48 CFR part 1207 - Acquisition planning

48 CFR part 1211 - Describing agency needs

48 CFR part 1213 - Simplified acquisition procedures

48 CFR part 1214 - Sealed bidding

48 CFR part 1215 - Contracting by negotiation

48 CFR part 1216 - Types of contracts

48 CFR part 1217 - Special contracting methods

48 CFR part 1219 - Small business programs

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

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

energy technologies, occupational safety, and drug-free workplace

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

48 CFR part 1227 - Patents, data, and copyrights

48 CFR part 1228 - Bonds and insurance

48 CFR part 1231 - Contract cost principles and procedures

48 CFR part 1232 - Contract financing

48 CFR part 1233 - Protests, disputes, and appeals

48 CFR part 1234 - [Reserved]

48 CFR part 1235 - Research and development contracting

48 CFR part 1236 - Construction and architect-engineer contracts

48 CFR part 1237 - Service contracting

48 CFR part 1239 - Acquisition of information technology

48 CFR part 1242 - Contract administration and audit services

48 CFR part 1245 - Government property

48 CFR part 1246 - Quality assurance

48 CFR part 1247 - Transportation

48 CFR part 1252 - Solicitation provisions and contract clauses

48 CFR part 1253 - Forms

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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 below. During the first year (the ``analysis

year''), all rules published during the previous 10 years within a 10 percent block of the regulations will be

analyzed to identify those with a SEIOSNOSE. During the second year (the ``review year''), each rule

identified in the analysis year as having a SEIOSNOSE will be reviewed in accordance with section 610 (b) to

determine if it should be continued without change or changed to minimize impact on small entities. Results of

those reviews will be published in the DOT semiannual regulatory agenda.

Tri-Annual Review Plan

The FAA, in addition to reviewing its rules in accordance with the

Section 610 Review Plan, has established a tri-annual process to comply

with the review requirements of the Department's Regulatory Policies

and Procedures, Executive Order 12866, and Plain Language Review Plan.

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

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

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

simplify. We also requested the public provide any specific suggestions

where rules could be developed as performance-based rather than

prescriptive, and any specific plain-language that might be used, and

provide suggested language on how those rules should be written. The

FAA will review the issues addressed by the commenters against its

regulatory agenda and rulemaking program efforts and adjust its

regulatory priorities consistent with its statutory responsibilities.

At the end of this process, the FAA will publish a summary and general

disposition of comments and indicate, where appropriate, how we will

adjust our regulatory priorities.

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

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

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

part and found no amendments with a SEIOSNOSE.

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

Supplemental Operations

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

part and found six amendments that could have a SEIOSNOSE.

Amendment No. 121-216

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

guidance equipment be installed on older airplanes; amended the

provision allowing for an extended compliance period based on an

approved airplane retrofit schedule; and provided for acceptance of

alternative airplane equipment in the form of an approved airborne

windshear detection and avoidance system (predictive systems). The

final rule allowed certificate holders to install windshear equipment

in coordination with the installation of traffic alert and collision

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

that carriers would have to divert critical maintenance resources from

other safety programs.

Original FAA finding: This amendment primarily was in response

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

June 1, 1989, to amend the windshear rule to exclude certain older

airplanes from the flight guidance systems requirements and to

extend the compliance date. The FAA determined that ATA's petition

had merit and issued amendment No. 121-216. In doing so, the FAA

found that there would be a significant beneficial economic impact

on a substantial number of small nonscheduled part 121 certificate

holders due to the cost relief from not having to install the

equipment on certain older aircraft.

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

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

diminished over time. However, the original FAA finding of a

positive SEIOSNOSE should still stand.

Amendment No. 121-269

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

cargo or baggage compartments in certain transport category

airplanes by eliminating Class D compartments as an option for

future type certification.

Original FAA finding: The FAA found that this amendment would

have a SEIOSNOSE. The FAA conducted an exhaustive analysis of

potential alternatives to seek possible ways of mitigating the

burden on small entities and still provide an equivalent level of

safety. In its analysis, the Agency considered several alternatives

that ranged from relatively low-cost, purely preventive approaches

(e.g., banning certain types of material from air transport), to

mitigating approaches such as: (1) Retrofit of detection systems

[[Page 64476]]

only; (2) a requirement for detection systems on newly manufactured

aircraft only; (3) a requirement for detection and/or suppression

systems for extended over water operations only; (4) retrofit of

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

and suppression systems on newly manufactured aircraft only; and

(6) logical combinations of these alternatives.

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

During the comment period, the FAA did not receive any comments

that indicated that the amendment would place small part 121

operators at a competitive disadvantage relative to large part 121

operators or that there were alternatives that could provide the

same level of safety benefit at reduced costs to small operators.

Moreover, no analysis was submitted that indicated that fire safety

risks for small part 121 carriers differed from those large part

121 carriers. Therefore, even though this amendment did have a

SEIOSNOSE, it was necessary in order to achieve the level of safety

sought by this rule action.

Amendment No. 121-282

Amendment No. 121-282 required design approval holders of

certain turbine-powered transport category airplanes, and of any

subsequent modifications to these airplanes, to substantiate that

the design of the fuel tank system precluded the existence of

ignition sources within the airplane fuel tanks. It also required

developing and implementing maintenance and inspection instructions

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

this amendment also required demonstrating that ignition sources

could not be present in fuel tanks when failure conditions were

considered, identifying any safety-critical maintenance actions,

and incorporating a means either to minimize development of

flammable vapors in fuel tanks or to prevent catastrophic damage if

ignition did occur.

Original FAA finding: The FAA determined that this amendment

would have a SEIOSNOSE. The FAA identified 143 air carriers that

would be impacted by this amendment. Of the 143 impacted air

carriers, 107 were small airlines.

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

order to mitigate the costs to the extent possible without reducing

the effectiveness of the amendment, the FAA extended operator

compliance time from 18 months to 36 months. In addition, the

Agency determined that fewer fuel tank re-inspections would be

needed than originally estimated in the NPRM. The net result of

these modifications was to reduce the overall cost impact from

$172.2 million to $126.6 million (in 2000 $$), a 26.4 percent

reduction. The FAA was not able to identify any other alternatives

that could reduce the cost impact to small entities and still

achieve the desired safety results. A review of the petition for

exemption history revealed that no relief was sought from this

amendment since its issuance.

Amendment No. 121-284

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

under part 121 to undergo inspections and records reviews by the

Administrator or a designated representative after their 14th year

in service and at specified intervals thereafter. This amendment

also prohibited operation of those airplanes after specified

deadlines unless damage-tolerance-based inspections and procedures

were included in their maintenance or inspection programs. This

amendment represented a critical step toward compliance with the

Aging Aircraft Safety Act of 1991.

Original FAA finding: The FAA conducted a full regulatory

flexibility analysis to assess the impact of this amendment on

small entities. The FAA determined that 58 small part 121 carriers

would be impacted by this amendment. Two of these were estimated to

incur annualized costs greater than 1 percent of annual revenues. A

step the FAA took to significantly lower compliance costs on the

carriers, including small entities, was to lengthen the time period

between required inspections from 5 years to 7 years. This longer

period was expected to lower compliance costs to operators by

enabling them to schedule the required inspections during heavy

maintenance checks. To further assist carriers in complying with

the requirements, the FAA also issued an advisory circular to

provide guidance for complying with a damage-tolerance supplemental

structural inspections program (DT-SSIP).

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

review of the petition for exemption records indicated that no one

sought relief from these requirements since they were implemented.

The FAA took actions to minimize the costs on small entities to the

extent that it thought was possible and still meet the objectives

of the Aging Aircraft Safety Act. Based on the comments it received

in response to this interim final rule, the FAA took further steps

in amendment No. 121-284 (70 FR 5517).

Amendment No. 121-297

Amendment No. 121-297 introduced airplane weight and

performance characteristics as the basis for collision avoidance

system requirements to capture cargo airplanes weighing more than

33,000 pounds (lbs.) maximum certificated takeoff weight (MCTOW).

This action was mandated by the Wendell H. Ford Aviation Investment

and Reform Act (AIR-21), enacted April 5, 2000, to take measures to

reduce the risk and collateral damage of a mid-air collision

involving a cargo airplane.

Original FAA finding: The FAA found that this amendment would

have a SEIOSNOSE. The FAA identified 24 all cargo turbine-powered

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

roughly 46 percent, of these operators were determined to be

significantly impacted. The FAA identified seven all cargo piston-

powered operators who would be impacted by this amendment. Six, or

86 percent, of these operators were determined to be significantly

impacted. The Agency believed that a compliance cost of 2 percent

or less of a firm's revenue was affordable. The costs to these

firms exceeded this level. Due to the congressional mandate, the

FAA was limited in what actions it could take to mitigate the

impact on small entities. The Agency was able, however, to reduce

the TCAS requirement from TCAS II to TCAS I for piston-powered

airplanes to mitigate some of the costs to operators of those

airplanes. It also eliminated the requirement for TCAS I in

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

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

compliance date at the latest date allowed by the congressional

mandate. Taken together, these measures were viewed as the upper

level of the extent to which the FAA could mitigate cost impacts on

small entities and still achieve the goals of the legislation.

[[Page 64477]]

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

Between April 2003 and January 2005, the FAA received five

petitions from small entities for exemption from the TCAS

requirements of this amendment. Two of these exemptions were denied

because they sought relief strictly on the basis of economic impact

and did not differ in any material way from other similar requests

that had been denied in the past for airplanes involved in non-

cargo operations. Three exemptions were granted because they were

found to be necessary to ensure that needed services in Alaska

would not be disrupted and doing so would not adversely impact

safety. The original FAA finding of a SEIOSNOSE held true but

should be fully diminished as the compliance date is 4 years past.

Amendment No. 121-340

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

requirements that set acceptable flammability exposure values in

tanks most prone to explosion or required the installation of an

ignition mitigation means in an affected fuel tank.

Original FAA finding: The FAA determined that this amendment

would have a SEIOSNOSE. The FAA identified 14 small air carriers

that would be affected. Of these 14, 3 were found to be affected

significantly. This determination was based on whether or not the

cost to the carrier was equal to or exceeded 2 per cent of its

revenue. Three carriers met this criterion. The FAA considered

several alternative approaches to this amendment to ease the burden

on small carriers. The Agency concluded that this amendment

provided the best balance of cost and benefits for the United

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

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

small entity.

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

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

determination regarding the continued need for this regulation.

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

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

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

Aircraft

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

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

SEIOSNOSE.

Part 125

Part 125 provides a single set of certification and operation

rules for U.S.-registered airplanes, which have a seating capacity

of 20 or more passengers or a maximum payload capacity of 6,000

pounds or more when used in any non-common (private) carriage

operation.

Original FAA finding: The economic impacts of part 125 were

estimated and documented by a study conducted by the Aerospace

Corporation during December 1978 and January 1979 and reflected

data available at that time. While their study did not specifically

address the economic impact on small entities, their estimate of

$88.28 million in first year total costs (in 1979 dollars, $222.2

million in current dollars), and $20.45 million in recurring annual

costs (in 1979 dollars, $51.12 million in current dollars), it can

reasonably be concluded that this rule did have a SEIOSNOSE.

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

review of petitions for exemption from part 125 revealed that

relief was generally sought from safety requirements such as

collision avoidance systems. The FAA denied these requests because

petitioners were never able to provide convincing arguments for why

it would be in the public interest to grant them the requested

relief. There was no evidence in the record to suggest that part

125 continues to have a SEIOSNOSE.

Amendment No. 125-10

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

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

of airplanes and rotorcraft operated by air carriers and commuters,

as well as, in selected aircraft operated in general aviation.

Original FAA finding: The FAA determined that this amendment

could have aSEIOSNOSE. In order to mitigate the cost to some

extent, the FAA modified its proposal to extend the compliance

period from 2 years to 3 years. Given that this rule action was in

response to a congressional mandate, the Agency was constrained to

take sufficient action to ensure the NTSB had available data in

needed for accident investigation purposes if acquiring that data

was technologically feasible.

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

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

has diminished substantially and has approached if not reached a

negligible level. This analysis concludes that there is no longer a

SEIOSNOSE as a result of this amendment.

Amendment No. 125-11

This amendment required the installation and use of a Traffic

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

airplanes and certain turbine-powered smaller airplanes. The

Airport and Airway Safety and Capacity Expansion Act of 1987

directed the FAA to require the installation and operation of TCAS

in commercial aircraft flying in the United States.

Original FAA finding: The FAA found that this amendment would

have a SEIOSNOSE.

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

FAA estimated the average total cost impact of this amendment on

part 125 operators at $96,000 in 1989 dollars ($151,000 in current

dollars) annualized over the period of 1989 to 2003. The FAA

concluded, however, that there were no viable alternatives for

small air carriers to adopt that would reduce the cost of

compliance and still achieve the levels of protection sought by

this amendment. This amendment implemented a congressional mandate,

thereby limiting the discretion the Agency had and still has in

mitigating the burden on small entities. Moreover, a review of the

petition for exemption records indicates that the Agency has been

consistent in denying requests for relief from this requirement on

safety grounds. This analysis finds, therefore, that a SEIOSNOSE

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

regarding the continued need for this regulation.

Amendment No. 125-36

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

design approval holders of certain turbine-powered transport

category airplanes, and any subsequent modifications to these

airplanes, to substantiate that the design of the fuel tank system

precluded the existence of ignition sources within the airplane

fuel tanks. It also required

[[Page 64478]]

developing and implementing maintenance and inspection instructions

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

this amendment also required demonstrating that ignition sources

could not be present in fuel tanks when failure conditions were

considered, identifying any safety-critical maintenance actions,

and incorporating a means either to minimize development of

flammable vapors in fuel tanks or to prevent catastrophic damage if

ignition did occur.

Original FAA finding: The FAA determined that this amendment

would have aSEIOSNOSE. The FAA identified 143 carriers that would

be impacted by this amendment. Of the 143 impacted air carriers,

107 were small airlines.

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

order to mitigate the costs to the extent possible without reducing

the effectiveness of the amendment, the FAA extended operator

compliance time from 18 months to 36 months. In addition, the

Agency determined that fewer fuel tank re-inspections would be

needed than originally estimated in the NPRM. The net result of

these modifications was to reduce the overall cost impact from

$172.2 million to $126.6 million (in 2000 $), a 26.4 percent

reduction. The FAA was not able to identify any other alternatives

that could reduce the cost impact to small entities and still

achieve the desired safety results. A review of the petition for

exemption history revealed that no relief was sought from this

amendment since its issuance.

Amendment No. 125-41

Amendment No. 125-41 was part of a larger rulemaking action

that introduced airplane weight and performance characteristics as

the basis for collision avoidance system requirements to capture

cargo airplanes weighing more than 33,000 pounds maximum

certificated takeoff weight (MCTOW). This action was mandated by

the Wendell H. Ford Aviation Investment and Reform Act (AIR-21)

enacted April 5, 2000, to take measures to reduce the risk and

collateral damage of a mid-air collision involving a cargo

airplane.

Original FAA finding: The FAA found that this amendment would

have a SEIOSNOSE. The FAA identified 24 all-cargo turbine-powered

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

roughly 46 percent, of these operators were determined to be

significantly impacted. The FAA identified seven all-cargo, piston-

powered operators who would be impacted by this amendment. Six, or

86 percent, of these operators were determined to be significantly

impacted. The Agency believed that a compliance cost of 2 percent

or less of a firm's revenue was affordable. The costs to these

firms exceeded that level. Due to the congressional mandate, the

FAA was limited in what actions it could take to mitigate some of

the costs to operators of those airplanes. It also eliminated the

requirement for TCAS I in turbine-powered airplanes of less than

33,000 pounds maximum certificated takeoff-weight. Finally, the FAA

set the rule's compliance date at the latest date allowed by the

congressional mandate. Taken together, these measures were viewed

as the upper level of the extent to which the FAA could mitigate

cost impacts on small entities and still achieve the goals of the

legislation.

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

Between April 2003 and January 2005, the FAA received five

petitions from small entities for exemption from the TCAS

requirements of this amendment. Two of these exemptions were denied

because they sought relief strictly on the basis of economic impact

and did not differ in any material way from other similar requests

that had been denied in the past for airplanes involved in non-

cargo operations. Three exemptions were granted because they were

found to be necessary to ensure that needed services in Alaska

would not be disrupted and doing so would not adversely impact

safety. The original FAA finding of a SEIOSNOSE holds true but

should be fully diminished as the compliance date is 4 years past.

Amendment No. 125-55

Amendment No. 125-55 established a performance-based set of

requirements that set acceptable flammability exposure values in

tanks most prone to explosion or required the installation of an

ignition mitigation means in an affected fuel tank.

Original FAA finding: The FAA determined that this amendment

would have a SEIOSNOSE. The FAA identified 14 small air carriers

that would be affected. Of these 14, three were found to be

affected significantly. This determination was based on whether or

not the cost to the carrier was equal to or exceeded 2 percent of

its revenue. Three carriers met this criterion. The FAA considered

several alternative approaches to this amendment to ease the burden

on small carriers. The Agency concluded that this amendment

provided the best balance of cost and benefits for the United

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

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

small entity.

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

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

determination regarding the continued need for this regulation.

14 CFR part 129 - Operations: foreign air carriers and foreign

operators of U.S.-registered aircraft engaged in common carriage

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

part and found no amendments with a SEIOSNOSE because this part does

not impact domestic entities

14 CFR part 150 - Airport noise compatibility planning

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

part and found no amendments with a SEIOSNOSE.

14 CFR part 151 - Federal aid to airports

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

part and found there have not been any amendments to part 151 since the

Regulatory Flexibility Act was enacted.

14 CFR part 152 - Airport aid program

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

part and found no amendments with a SEIOSNOSE.

14 CFR part 153 - Airport operations

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

part and found no amendments with a SEIOSNOSE.

14 CFR part 155 - Release of airport property from surplus property

disposal restrictions

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

part and found no amendments with a SEIOSNOSE.

14 CFR part 156 - State block grant pilot program

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

part and found no amendments with a SEIOSNOSE.

Year 2 (2009) List of rules analyzed and summary of results

[[Page 64479]]

14 CFR part 133 - Rotorcraft external-load operations

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

part and found no amendments with a SEIOSNOSE.

14 CFR part 135 - Operating requirements: Commuter and on demand

operations and rules governing persons on board such aircraft

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

part and found three amendments that could have a SEIOSNOSE.

Amendment No. 135-42

Amendment No. 135-42 revised the operating rules for air taxi

and commercial operators by requiring that all turbine-powered

(rather than just turbojet) airplanes with 10 or more seats be

equipped with an approved ground proximity warning system.

Original FAA finding: The FAA certified that this amendment may

have a SEIOSNOSE because the annual cost that would be imposed on

small part 135 operators to install a ground proximity warning

system on turbine-powered airplanes would exceed the significant

impact criteria in place when the rule was promulgated. The FAA

concluded after analysis, however, that there were no viable

alternatives to the provisions of the amendment and issued the rule

in final.

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

Between the period January 2003 and December 2008, the period

beyond the analysis period of this final rule, there were no cases

of affected parties seeking relief from the provisions of the

amendment. The original finding of a possible SEIOSNOSE should be

fully diminished as the compliance date was 16 years ago.

Amendment No. 135-66 (61 FR 69302)

Amendment No. 135-66 (61 FR 69302) was one part of an overall

strategy to further reduce the impact of aircraft noise on the park

environment and to assist the National Park Service in achieving

its statutory mandate to provide the substantial restoration of

natural quiet and experience in Grand Canyon National Park (GCNP).

Original FAA finding: The FAA found that this amendment would

have a SEIOSNOSE. This amendment affected commercial sightseeing

operators conducting flight over the GCNP under part 135. This

amendment was unique in that most of the economic impact fell upon

small businesses.

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

Consistent with the spirit and intent of the RFA, the FAA chose a

regulatory alternative that tailored most requirements to the size

of the firm. In doing so, the Agency believed that the regulatory

requirements in this amendment provided the least burdensome way

for small entities to accomplish the goals of the final rule-

restore natural quiet and preserve the opportunity for the public

to enjoy air tours at the GCNP. In addition, the FAA proposed to

take further action that would phase out noisier aircraft from air

tour service prior to the 2008 deadline imposed by the statute.

Amendment No. 135-107

Amendment No. 135-107 set safety and oversight rules for a

broad variety of sightseeing and commercial air tour flights. The

intended effect of this amendment was to standardize requirements

for air tour operators and consolidate air tour safety standards

within part 135.

Original FAA finding: The FAA determined that there would be a

SEIOSNOSE. The FAA estimated that part 135 commercial air tour

operators would incur 82 percent of the costs of the rule. The FAA

noted that helicopter operators would incur much higher costs than

airplane operators due to the requirement to equip their aircraft

with floats if they conducted operations over water and to the

requirement to prepare helicopter performance plans. The FAA

believed, however, that the only way to accomplish the commercial

air tour safety needs for helicopter operations was to impose the

higher standards on those entities.

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

review of the petition for exemption and petition for rulemaking

records since this amendment was issued found that no entities

sought relief from the float equipage requirement. The cost impacts

from the original estimates remain valid. However, absent requests

for relief from the regulated community, the notion espoused by the

FAA that a number of options were available to operators to avoid

or minimize the costs, may have merit. The FAA noted, for example,

that some operators may alter their air tour routes to avoid the

compliance costs. The Agency added that others may elect to only

equip part of their fleet to ensure the affordability to their

business. This analysis concludes that there continues to be a

SEIOSNOSE, but there is no evidence to suggest that small

businesses are suffering a hardship.

14 CFR part 136 - Commercial air tours and national parks air tour

management

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

part and found no amendments with a SEIOSNOSE.

14 CFR part 137 - Agricultural aircraft operations

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

part and found no amendments with a SEIOSNOSE.

14 CFR part 139 - Certification of airports

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

part and found one amendment with a SEIOSNOSE.

Amendment No. 139-94

Amendment No. 139-94 established certification requirements for

airports serving scheduled air carrier operations in aircraft

designed for more than 9 passenger seats but less than 31 passenger

seats.

Original FAA finding: The FAA determined that this amendment

would have a SEIOSNOSE. The FAA stated that under SBA's definition

of a ``small'' public entity, there were more than 200 small entity

airports that would be affected by this rule action. For each small

entity, the FAA estimated the average initial hours required to set

up a recordkeeping system, as mandated by this amendment, would be

70 hours and expected a continuing paperwork requirement of about

90 hours annually. Having sought possible alternatives to mitigate

the costs on small entities, the FAA, in consultation with

industry, concluded that there existed a need to require at least

some minimum level of both risk reduction and accident mitigation

measures at airports during operations of smaller air carrier

airplanes. The FAA believed that the chosen alternative was the

only one that was relatively affordable and would achieve the

safety objectives of the rule. The Agency recognized the need,

however, to provide some flexibility in the implementation of

certain safety measures at airports with infrequent air

[[Page 64480]]

carrier service or where local resources were severely limited. The

FAA added that other measures at its disposal to mitigate impacts

on small airport operators included its authority to permit

alternative means of compliance to accommodate local conditions and

the use of its statutory authority to grant exemptions from part

139 requirements, as appropriate. Other methods the FAA identified

as ways small entity airports could mitigate the economic impact of

this amendment included Airport Improvement Program (AIP) funding,

which was available for certain capital expenditures that could be

required by this amendment. Examples of these requirements were

firefighting equipment, airport marking, and signs. Another

potential source of revenue to assist small airports in meeting the

regulatory requirements of this amendment was the Essential Air

Service (EAS) Program. The FAA believed that, ultimately, most of

the costs of these amendments would be borne by the Federal

Government through increased subsidies.

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

original funding still holds true. The flexibility that the FAA

afforded airport operators in meeting the requirements of this

amendment, combined with numerous avenues for funding support that

were and still are available to airport operators, substantially

mitigate the impact of this amendment on small entities.

14 CFR part 157 - Notice of construction, alteration, activation, and

deactivation of airports

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

part and found no amendments with a SEIOSNOSE.

14 CFR part 158 - Passenger facility charges (PFCs)

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

part and found no amendments with a SEIOSNOSE.

14 CFR part 161 - Notice and approval of airport noise and access

restrictions

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

part and found no amendments with a SEIOSNOSE.

14 CFR part 169 - Expenditure of Federal funds for nonmilitary airports

or air navigation facilities thereon

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

part and found no amendments with a SEIOSNOSE.

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.

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

year

23 CFR part 1 - General

23 CFR part 140 - Reimbursement

23 CFR part 172 - Administration of engineering and design-related

service contracts

23 CFR part 180 - Credit assistance for Surface Transportation projects

23 CFR part 190 - Incentive payments for controlling outdoor

advertising on the Interstate system

23 CFR part 192 - Drug offender's driver's license suspension

23 CFR part 200 - Title VI program and related statutes-implementation

and review procedures

23 CFR part 230 - External programs

23 CFR part 260 - Education and training programs

[[Page 64481]]

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

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

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

49 CFR part 372, subpart A-Exemptions

Section 610: There is no SEIOSNOSE. No small entities are

affected.

General: No changes are needed. These regulations are cost

effective and impose the least burden. FMCSA's plain language review of

these rules indicates no need for substantial revision.

49 CFR part 381 - Waivers, exemptions, and pilot programs

Section 610: There is no SEIOSNOSE. No small entities are

affected.

General: These regulations are cost effective and impose the

least burden. FMCSA's plain language review of these rules indicates no

need for substantial revision.

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

year

49 CFR part 386 - Rules of practice for motor carrier, broker, freight

forwarder, and hazardous materials proceedings

49 CFR part 389 - Rulemaking procedures--Federal motor carrier safety

regulations

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 analyzed and a summary of the results

49 CFR part 571.223 - Rear impact guards

Section 610: No SEIOSNOSE. No economically significant impact

on small business.

General: No changes are needed. These regulations are cost

effective and impose the least burden. NHTSA's plain language review of

these rules indicates no need for substantial revision.

49 CFR part 571.224 - Rear impact protection

Section 610: No SEIOSNOSE. No economically significant impact

on small business.

General: No changes are needed. These regulations are cost

effective and impose the least burden. NHTSA's plain language review of

these rules indicates no need for substantial revision.

49 CFR part 571.225 - Child restraint anchorage systems

Section 610: No SEIOSNOSE. No small entities are affected.

General: No changes are needed. These regulations are cost

effective and impose the least burden. NHTSA's plain language review of

these rules indicates no need for substantial revision.

49 CFR part 571.301 - Fuel system integrity

Section 610: No SEIOSNOSE. No small entities are affected.

General: No changes are needed. These regulations are cost

effective and impose the least burden. NHTSA's plain language review of

these rules indicates no need for substantial revision.

49 CFR part 571.302 - Flammability of interior materials

[[Page 64482]]

Section 610: No SEIOSNOSE. No small entities are affected.

General: No changes are needed. These regulations are cost

effective and impose the least burden. NHTSA's plain language review of

these rules indicates no need for substantial revision.

49 CFR part 571.303 - Fuel system integrity of compressed natural gas

vehicles

Section 610: No SEIOSNOSE. No small entities are affected.

General: No changes are needed. These regulations are cost

effective and impose the least burden. NHTSA's plain language review of

these rules indicates no need for substantial revision.

49 CFR part 571.304 - Compressed natural gas fuel container integrity

Section 610: No SEIOSNOSE. No small entities are affected.

General: No changes are needed. These regulations are cost

effective and impose the least burden. NHTSA's plain language review of

these rules indicates no need for substantial revision.

49 CFR part 571.305 - Electric-powered vehicles: electrolyte spillage

and electrical shock protection

Section 610: No SEIOSNOSE. No small entities are affected.

General: No changes are needed. These regulations are cost

effective and impose the least burden. NHTSA's plain language review of

these rules indicates no need for substantial revision.

49 CFR part 571.401 - Interior trunk release

Section 610: No SEIOSNOSE. No small entities are affected.

General: No changes are needed. These regulations are cost

effective and impose the least burden. NHTSA's plain language review of

these rules indicates no need for substantial revision.

49 CFR part 571.403 - Platform lift systems for motor vehicles

Section 610: No SEIOSNOSE. No economically significant impact

on small business.

General: No changes are needed. These regulations are cost

effective and impose the least burden. NHTSA's plain language review of

these rules indicates no need for substantial revision.

49 CFR part 571.404 - Platform lift installations in motor vehicles

Section 610: No SEIOSNOSE. No economically significant impact

on small business.

General: No changes are needed. These regulations are cost

effective and impose the least burden NHTSA's plain language review of

these rules indicates no need for substantial revision.

49 CFR part 571.500 - Low-speed vehicles

Section 610: No SEIOSNOSE. No economically significant impact

on small business.

General: No changes are needed. These regulations are cost

effective and impose the least burden. NHTSA's plain language review of

these rules indicates no need for substantial revision.

49 CFR part 575 - Consumer information

Section 610: No SEIOSNOSE. No small entities are affected.

General: No changes are needed. These regulations are cost

effective and impose the least burden. NHTSA's plain language review of

these rules indicates no need for substantial revision.

49 CFR part 579 - Reporting of information and communications about

potential defects

Section 610: No SEIOSNOSE. No small entities are affected.

General: No changes are needed. These regulations are cost

effective and impose the least burden. NHTSA's plain language review of

these rules indicates no need for substantial revision.

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

year

23 CFR part 1200 - Uniform procedures for State highway safety programs

23 CFR part 1204 - [Reserved]

23 CFR part 1205 - Highway safety programs; determinations of

effectiveness

23 CFR part 1206 - Rules of procedure for invoking sanctions under the

Highway Safety Act of 1966

23 CFR part 1208 - National minimum drinking age

23 CFR part 1210 - Operation of motor vehicles by intoxicated minors

23 CFR part 1215 - Use of safety belts-compliance and transfer-of-funds

procedures

23 CFR part 1225 - Operation of motor vehicles by intoxicated persons

23 CFR part 1235 - Uniform system for parking for persons with

disabilities

23 CFR part 1240 - Safety incentive grants for use of seat belts-

allocations based on seat belt use rates

23 CFR part 1250 - Political subdivision participation in State highway

safety programs

23 CFR part 1251 - State highway safety agency

23 CFR part 1252 - State matching of planning and administration costs

23 CFR part 1270 - Open container laws

23 CFR part 1275 - Repeat intoxicated driver laws

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

[[Page 64483]]

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

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 1 (Fall 2008) List of rules analyzed and a summary of results

49 CFR part 200 - Informal rules of practice for passenger service

Section 610: There is no SEIOSNOSE.

General: The rule prescribes procedures under which

applications are received and heard and by which rules and orders are

issued primarily affecting the Class I railroads and Amtrak, none of

which are small entities. FRA's plain language review of this rule

indicates no need for substantial revision.

49 CFR part 201 - Formal rules of practice for passenger service

Part 201 was removed from the CFR on May 27, 2009.

Year 2 (Fall 2009) List of rule(s) that will be analyzed during next

year

49 CFR part 207 - Informal rules of practice for passenger safety

49 CFR part 209 - Railroad safety enforcement procedures

49 CFR part 211 - Rules of practice

49 CFR part 215 - Railroad freight car safety standards

49 CFR part 238 - Passenger equipment safety standards

49 CFR part 256 - Passenger assistance for railroad passenger terminals

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

49 CFR part 604 - Charter service

Section 610: The Agency has determined that the rule will not

have a significant effect on a substantial number of small entities.

General: This rule clarifies and sets forth provisions to

protect private charter operators from unfair competition by public

transit agencies. The rule was drafted using plain language techniques.

49 CFR part 661 - Buy America

Section 610: The Agency has determined that the rule will not

have a significant effect on a substantial number of small entities.

General: This rulemaking amends FTA's Buy America requirements

by adding bi-metallic rail to the list of traction power equipment. The

rule was drafted using plain language techniques.

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

year

49 CFR part 605 - School bus operations

49 CFR part 633 - Program management oversight

49 CFR part 665 - Bus testing

[[Page 64484]]

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 1 (fall 2008) List of rules analyzed and a summary of the results

46 CFR part 201 - Rules of practice and procedure

Section 610: No SEIOSNOSE. Some small entities may be

affected, but the economicimpact on small entities will not be

significant.

General: No changes are needed. Where confusing or wordy

language has been identified, revisions will be made.

46 CFR part 202 - Procedures relating to review by Secretary of

Transportation of actions by Maritime Subsidy Board

Section 610: No SEIOSNOSE. Some small entities may be

affected, but the economicimpact on small entities will not be

significant.

General: No changes are needed. Where confusing or wordy

language has been identified, revisions will be made.

46 CFR part 203 - Procedures relating to conduct of certain hearings

under the Merchant Marine Act, 1936

Section 610: No SEIOSNOSE. Some small entities may be

affected, but the economic impact on small entities will not be

significant.

General: No changes are needed. Where confusing or wordy

language has been identified, revisions will be made.

46 CFR part 204 - Claims against the Maritime Administration under the

Federal Tort Claim Act

Section 610: No SEIOSNOSE. Some small entities may be

affected, but the economic impact on small entities will not be

significant.

General: No changes are needed. Where confusing or wordy

language has been identified, revisions will be made.

46 CFR part 205 - Audit appeals; policy and procedure

Section 610: No SEIOSNOSE. Some small entities may be

affected, but the economic impact on small entities will not be

significant.

General: No changes are needed. Where confusing or wordy

language has been identified, revisions will be made.

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

year

46 CFR part 221 - Regulated transactions involving documented vessels

and other maritime interests

46 CFR part 232 - Uniform financial reporting requirements

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 through 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 through 178................................................... 2015 2016

9 parts 172, 173, 174, 176, 177, 193...................................... 2016 2017

10 parts 173, 194.......................................................... 2017 2018

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

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

49 CFR part 178 - Specifications for packaging

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

year

49 CFR part 178 - Specifications for packagings

49 CFR part 179 - Specifications for tank cars

49 CFR part 180 - Continuing qualification and maintenance of

packagings

[[Page 64485]]

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 1 (fall 2008) List of rules with ongoing analysis

14 CFR part 241 - Uniform system of accounts and reports for large

certificated air carriers, form 41

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

year

14 CFR part 217 - Reporting traffic statistics by foreign air carriers

in civilian scheduled, charter, and nonscheduled services

14 CFR part 241 - Uniform system of accounts and reports for large

certificated air carriers, Schedule T-100

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 with ongoing analysis

33 CFR part 401 - Seaway Regulations and Rules

33 CFR part 402 - Tariff of Tolls

33 CFR part 403 - Rules of Procedure of the Joint Tolls Review Board

Office of the Secretary--Proposed Rule Stage

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

Regulation

Sequence Title Identifier

Number Number

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

406 Use of the Seat-Strapping Method for Carrying a Wheelchair on an Aircraft............. 2105-AD87

407 [rplus]Enhancing Airline Passenger Protections--Part 2 (Reg Plan Seq No. 111)......... 2105-AD92

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

[rplus] DOT-designated significant regulation

References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.

Federal Aviation Administration--Proposed Rule Stage

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

Regulation

Sequence Title Identifier

Number Number

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

408 [rplus]Flight Crewmember Duty Limitations and Rest Requirements....................... 2120-AI93

409 [rplus]Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers (Reg 2120-AJ00

Plan Seq No. 113).....................................................................

410 [rplus]Activation of Ice Protection................................................... 2120-AJ43

411 [rplus]Air Ambulance and Commercial Helicopter Operations; Safety Initiatives and 2120-AJ53

Miscellaneous Amendments (Reg Plan Seq No. 114).......................................

412 [rplus]Flight and Duty Time Limitations and Rest Requirements (Reg Plan Seq No. 115).. 2120-AJ58

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

[rplus] DOT-designated significant regulation

References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.

[[Page 64486]]

Federal Aviation Administration--Final Rule Stage

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

Regulation

Sequence Title Identifier

Number Number

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

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

Air Traffic Control Service (Reg Plan Seq No. 116)....................................

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

[rplus] DOT-designated significant regulation

References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.

Federal Aviation Administration--Completed Actions

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

Regulation

Sequence Title Identifier

Number Number

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

414 [rplus]Pilot Age Limit................................................................ 2120-AJ01

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

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

[rplus] DOT-designated significant regulation

Federal Motor Carrier Safety Administration--Proposed Rule Stage

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

Regulation

Sequence Title Identifier

Number Number

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

416 [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

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

417 [rplus]National Registry of Certified Medical Examiners (Reg Plan Seq No. 119)........ 2126-AA97

418 Interstate Van Operations............................................................. 2126-AA98

419 [rplus]Commercial Driver's License Testing and Commercial Learner's Permit Standards 2126-AB02

(Reg Plan Seq No. 120)................................................................

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

[rplus] DOT-designated significant regulation

References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.

Federal Motor Carrier Safety Administration--Long-Term Actions

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

Regulation

Sequence Title Identifier

Number Number

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

420 [rplus]Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor 2126-AA35

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

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

[rplus] DOT-designated significant regulation

National Highway Traffic Safety Administration--Completed Actions

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

Regulation

Sequence Title Identifier

Number Number

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

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

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

[[Page 64487]]

Federal Railroad Administration--Proposed Rule Stage

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

Regulation

Sequence Title Identifier

Number Number

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

422 [rplus]Hours of Service--Passenger Train Employees (Rulemaking Resulting From a 2130-AC15

Section 610 Review)...................................................................

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

[rplus] DOT-designated significant regulation

Federal Railroad Administration--Final Rule Stage

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

Regulation

Sequence Title Identifier

Number Number

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

423 [rplus]Positive Train Control (Reg Plan Seq No. 126).................................. 2130-AC03

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

[rplus] DOT-designated significant regulation

References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.

Federal Transit Administration--Completed Actions

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

Regulation

Sequence Title Identifier

Number Number

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

424 Bus Testing: Phase-In of Brake Performance and Emissions Testing, and Program Updates 2132-AA95

(Completion of a Section 610 Review)..................................................

425 Buy America; Petition for Rulemaking (Completion of a Section 610 Review)............. 2132-AA99

426 School Bus Operations (Completion of a Section 610 Review)............................ 2132-AB00

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

Pipeline and Hazardous Materials Safety Administration--Proposed Rule Stage

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

Regulation

Sequence Title Identifier

Number Number

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

427 [rplus]Hazardous Materials: Revisions to Requirements for the Transportation of 2137-AE44

Lithium Batteries.....................................................................

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

[rplus] DOT-designated significant regulation

Maritime Administration--Proposed Rule Stage

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

Regulation

Sequence Title Identifier

Number Number

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

428 [rplus]Cargo Preference--Compromise, Assessment, Mitigation, Settlement and Collection 2133-AB75

of Civil Penalties (Reg Plan Seq No. 129).............................................

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

[rplus] DOT-designated significant regulation

References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.

_______________________________________________________________________

Department of Transportation (DOT) Proposed Rule Stage

Office of the Secretary (OST)

_______________________________________________________________________

406. USE OF THE SEAT-STRAPPING METHOD FOR CARRYING A

WHEELCHAIR ON AN AIRCRAFT

Legal Authority: The Department has authority and responsibility under

the ACAA (49 USC 41705) to; ensure that US and foreign air carriers do

not discriminate against air traveler; on the basis of disability

Abstract: This rulemaking would address whether or not carriers should

be allowed to utilize the seat-strapping method to stow a passenger's

wheelchair in the aircraft cabin.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 12/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Blane A Workie, Attorney, Department of Transportation,

Office of the Secretary, 1200 New Jersey Avenue SE, Washington, DC

20590

Phone: 202 366-9342

TDD Phone: 202 755-7687

Fax: 202 366-7152

[[Page 64488]]

Email: [email protected]

RIN: 2105-AD87

_______________________________________________________________________

407. [rplus]ENHANCING AIRLINE PASSENGER PROTECTIONS--

PART 2

Regulatory Plan: This entry is Seq. No. 111 in part II of this issue

of the Federal Register.

RIN: 2105-AD92

BILLING CODE 4910--9X--S

_______________________________________________________________________

Department of Transportation (DOT) Proposed Rule Stage

Federal Aviation Administration (FAA)

_______________________________________________________________________

408. [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; 49 USC 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 withdraw a previously published NPRM

(RIN 2120-AF63) that proposed to establish one set of duty period

limitations, flight time limitations, and rest requirements for flight

crewmembers engaged in air transportation. The NPRM also proposed to

establish consistent and clear duty period limitations, flight time

limitations, and rest requirements for domestic, flag, supplemental,

commuter and on-demand operations. This action is necessary, because

(1) the NPRM is outdated and (2) there were many significant issues

commenters raised.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

Notice of Withdrawal 12/00/09

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

_______________________________________________________________________

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

DISPATCHERS

Regulatory Plan: This entry is Seq. No. 113 in part II of this issue

of the Federal Register.

RIN: 2120-AJ00

_______________________________________________________________________

410. [rplus]ACTIVATION OF ICE PROTECTION

Legal Authority: 49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC

44101; 49 USC 44701; 49 USC 44705; 49 USC 44709 to 44711; 49 USC 44713;

49 USC 44716; 49 USC 44722; 49 USC 44901; 49 USC 44903; 49 USC 44912;

49 USC 46105; 49 USC 44702; 49 USC 44717; 49 USC 44904

Abstract: This rulemaking would amend the regulations applicable to

operators of certain airplanes used in air carrier service and

certificated for flight in icing conditions. The standards would

require either the installation of ice detection equipment or changes

to the Airplane Flight Manual to ensure timely activation of the

airframe ice protection system. This regulation is the result of

information gathered from a review of icing accidents and incidents,

and it is intended to improve the level of safety when airplanes are

operated in icing conditions.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 12/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Jerry Ostronic, Air Carrier Operations Branch, AFS 220,

Department of Transportation, Federal Aviation Administration, 800

Independence Avenue, SW, Washington, DC 20591

Phone: 202 267-8166

Fax: 202 267-5229

Email: [email protected]

RIN: 2120-AJ43

_______________________________________________________________________

411. [rplus]AIR AMBULANCE AND COMMERCIAL HELICOPTER

OPERATIONS; SAFETY INITIATIVES AND MISCELLANEOUS AMENDMENTS

Regulatory Plan: This entry is Seq. No. 114 in part II of this issue

of the Federal Register.

RIN: 2120-AJ53

_______________________________________________________________________

412. [rplus]FLIGHT AND DUTY TIME LIMITATIONS AND REST

REQUIREMENTS

Regulatory Plan: This entry is Seq. No. 115 in part II of this issue

of the Federal Register.

RIN: 2120-AJ58

[[Page 64489]]

_______________________________________________________________________

Department of Transportation (DOT) Final Rule Stage

Federal Aviation Administration (FAA)

_______________________________________________________________________

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

MANDATE TO SUPPORT AIR TRAFFIC CONTROL SERVICE

Regulatory Plan: This entry is Seq. No. 116 in part II of this issue

of the Federal Register.

RIN: 2120-AI92

_______________________________________________________________________

Department of Transportation (DOT) Completed Actions

Federal Aviation Administration (FAA)

_______________________________________________________________________

414. [rplus]PILOT AGE LIMIT

Legal Authority: 49 USC 44701; 49 USC 44702; 49 USC 44709 to 44711; 49

USC 44716; 49 USC 44717; 49 USC 44903; 49 USC 44904; 49 USC 106(g); 49

USC 40113; 49 USC 40119; 49 USC 44101; 49 USC 44705; 49 USC 44713; 49

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

Abstract: This rulemaking would correct the language of the Code of

Federal Regulations to bring it into conformance with recent

legislation raising the upper age limit for pilots serving in domestic,

flag, and supplemental operations until they reach their 65th birthday.

Congress enacted legislation, effective December 13, 2007, mandating an

Age-65 limit for pilots for purposes of Title 49 USC.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

Final Rule 07/15/09 74 FR 34229

Final Rule Effective 07/15/09

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-AJ01

_______________________________________________________________________

415. [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 Rule 10/16/09 74 FR 53368

Final Rule Effective 10/14/10

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

BILLING CODE 4910--13--S

_______________________________________________________________________

Department of Transportation (DOT) Proposed Rule Stage

Federal Motor Carrier Safety Administration (FMCSA)

_______________________________________________________________________

416. [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 (URS). 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 04/00/10

Regulatory Flexibility Analysis Required: Yes

[[Page 64490]]

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)

_______________________________________________________________________

417. [rplus]NATIONAL REGISTRY OF CERTIFIED MEDICAL EXAMINERS

Regulatory Plan: This entry is Seq. No. 119 in part II of this issue

of the Federal Register.

RIN: 2126-AA97

_______________________________________________________________________

418. 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 Rule 01/00/10

Regulatory Flexibility Analysis Required: Yes

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

MC-PSD, 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

_______________________________________________________________________

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

PERMIT STANDARDS

Regulatory Plan: This entry is Seq. No. 120 in part II of this issue

of the Federal Register.

RIN: 2126-AB02

_______________________________________________________________________

Department of Transportation (DOT) Long-Term Actions

Federal Motor Carrier Safety Administration (FMCSA)

_______________________________________________________________________

420. [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 originally planned to publish a

final rule by November 28, 2003. FMCSA will determine the next steps to

be taken after enactment of any pending legislation authorizing cross

border trucking.

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

Interim Final Rule Comment

Period End 04/18/02

Interim Final Rule 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, Borders Division, Department

of Transportation, Federal Motor Carrier Safety Administration, 1200

New Jersey Avenue, SE, Washington, DC 20590

Phone: 202 266-2995

Email: [email protected]

RIN: 2126-AA35

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[[Page 64491]]

_______________________________________________________________________

Department of Transportation (DOT) Completed Actions

National Highway Traffic Safety Administration (NHTSA)

_______________________________________________________________________

421. 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.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 12/05/08 73 FR 74101

NPRM Comment Period End 02/03/09

Final Action 09/17/09 74 FR 47740

Final Action Effective 10/19/09

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

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_______________________________________________________________________

Department of Transportation (DOT) Proposed Rule Stage

Federal Railroad Administration (FRA)

_______________________________________________________________________

422. [rplus]HOURS OF SERVICE--PASSENGER TRAIN

EMPLOYEES (RULEMAKING RESULTING FROM A SECTION 610 REVIEW)

Legal Authority: PL 110-432, Div A, 122 Stat 4848 et seq; Rail Safety

Improvement Act of 2008; sec 108(e) (49 USC 21109)

Abstract: This rulemaking would establish hours of service requirements

for train employees engaged in commuter and intercity passenger rail

transport.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 03/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Kathryn Shelton, Trial Attorney, Department of

Transportation, Federal Railroad Administration, 1200 New Jersey

Avenue, SE, Washington, DC 20590

Phone: 202 493-6063

Email: [email protected]

RIN: 2130-AC15

_______________________________________________________________________

Department of Transportation (DOT) Final Rule Stage

Federal Railroad Administration (FRA)

_______________________________________________________________________

423. [rplus]POSITIVE TRAIN CONTROL

Regulatory Plan: This entry is Seq. No. 126 in part II of this issue

of the Federal Register.

RIN: 2130-AC03

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_______________________________________________________________________

Department of Transportation (DOT) Completed Actions

Federal Transit Administration (FTA)

_______________________________________________________________________

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

AND PROGRAM UPDATES (COMPLETION OF A SECTION 610 REVIEW)

Legal Authority: 49 USC 5318(a)

Abstract: This rulemaking modifies the Bus Testing rule to incorporate

tests for brake performance and emissions. This rulemaking also updates

and clarifies 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 Rule 10/05/09 74 FR 51083

Final Rule Effective 01/01/10

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

_______________________________________________________________________

425. BUY AMERICA; PETITION FOR RULEMAKING (COMPLETION OF A SECTION 610

REVIEW)

Legal Authority: 49 USC 5323(j)

Abstract: This rulemaking reclassifies bi-metallic aluminum rail under

FTA's Buy America rule. Both running rail (carrying the weight of the

train) and power rail (carrying the electric power supply) were treated

alike under the Buy America regulation, i.e., all rail products must be

produced in the

[[Page 64492]]

United States, including all manufacturing processes, except

metallurgical processes involving refinement of steel additives. FTA

now classifies bi-metallic aluminum rail as ``traction power

equipment,'' subject to a 60/40% domestic/nondomestic content

requirement and final assemble in the United States.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 11/24/08 73 FR 70950

NPRM Comment Period End 01/23/09

Final Rule 06/25/09 74 FR 30237

Final Rule Effective 07/27/09

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

_______________________________________________________________________

426. SCHOOL BUS OPERATIONS (COMPLETION OF A SECTION 610 REVIEW)

Legal Authority: 49 USC 5323(f)

Abstract: This rulemaking would have amended 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 have clarified the exisiting requirements for

differentiating permissible services from prohibited services to school

students and personnel. FTA, however, recently determined that

withdrawal of the NPRM is appropriate in consideration of public

misconceptions with FTA's regulatory proposal.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

Withdrawn 06/26/09 74 FR 30499

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

BILLING CODE 4910--57--S

_______________________________________________________________________

Department of Transportation (DOT) Proposed Rule Stage

Pipeline and Hazardous Materials Safety Administration (PHMSA)

_______________________________________________________________________

427. [rplus]HAZARDOUS MATERIALS: REVISIONS TO

REQUIREMENTS FOR THE TRANSPORTATION OF LITHIUM BATTERIES

Legal Authority: 49 USC 5101 et seq

Abstract: This rulemaking would amend the Hazardous Materials

Regulations to comprehensively address the safe transportation of

lithium cells and batteries. The intent of the rulemaking is to

strengthen the current regulatory framework by imposing more effective

safeguards, including design testing to address risks related to

internal short circuits, and enhanced packaging, hazard communication,

and operational measures for various types and sizes of lithium

batteries in specific transportation contexts. The rulemaking responds

to several recommendations issued by the National Transportation Safety

Board.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 01/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Kevin Leary, Transportation Specialist, Department of

Transportation, Pipeline and Hazardous Materials Safety Administration,

1200 New Jersey Avenue, SE, Washington, DC 20590

Phone: 202 366-8553

Email: [email protected]

RIN: 2137-AE44

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_______________________________________________________________________

Department of Transportation (DOT) Proposed Rule Stage

Maritime Administration (MARAD)

_______________________________________________________________________

428. [rplus]CARGO PREFERENCE -- COMPROMISE, ASSESSMENT, MITIGATION,

SETTLEMENT AND COLLECTION OF CIVIL PENALTIES

Regulatory Plan: This entry is Seq. No. 129 in part II of this issue

of the Federal Register.

RIN: 2133-AB75

[FR Doc. E9-28604 Filed 12-04-09; 8:45 am]

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