[Federal Register Volume 71, Number 112 (Monday, June 12, 2006)]
[Notices]
[Pages 33780-33799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5240]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

[Docket No. OST-2005-20112]


Regulatory Review Report

AGENCY: Office of the Secretary of Transportation (OST), DOT.

ACTION: Final report.

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SUMMARY: This is the Department's final report providing a brief 
response, including a description of further action we intend to take, 
to the public's participation in the Department of Transportation's 
review of its existing regulations and its current Regulatory Agenda.

ADDRESSES: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays. You can access the docket for this notice by 
inserting the last five-digits of the docket number into the DMS 
``quick search'' function.

FOR FURTHER INFORMATION CONTACT: Neil Eisner, Assistant General 
Counsel, Office of General Counsel, Department of Transportation, 400 
7th St., SW., Room 10424, Washington, DC 20590-0001. Telephone (202) 
366-4723. E-mail [email protected]

SUPPLEMENTARY INFORMATION:

Background

    The Department of Transportation (Department or DOT) includes the 
Office of the Secretary (OST), and the following operating 
administrations (OAs): Federal Aviation Administration (FAA); Federal 
Highway Administration (FHWA); Federal Motor Carrier Safety 
Administration (FMCSA); Federal Railroad Administration (FRA); Federal 
Transit Administration (FTA); Maritime Administration (MARAD); National 
Highway Traffic Safety Administration (NHTSA); Pipeline and Hazardous 
Materials Safety Administration (PHMSA); Research and Innovative 
Technology Administration (RITA); and St. Lawrence Seaway Development 
Corporation (SLSDC).
    Each of these elements of DOT has statutory responsibility for a 
wide range of regulations. For example, DOT regulates safety in the 
aviation, motor carrier, railroad, mass transit, motor vehicle, 
commercial space, and pipeline transportation areas. DOT regulates 
aviation consumer and economic issues, and provides financial 
assistance and promulgates and enforces the necessary implementing 
rules for programs involving highways, airports, mass transit, the 
maritime industry, railroads, and motor vehicle safety. It writes 
regulations carrying out such disparate statutes as the Americans with 
Disabilities Act and the Uniform Time Act. Finally, DOT has 
responsibility for developing policies that implement a wide range of 
regulations that govern internal programs such as acquisition and 
grants, access for the disabled, environmental protection, energy 
conservation, information technology, occupational safety and health, 
property asset management, seismic safety, security, and the use of 
aircraft and vehicles.
    Improvement of our regulations is a continuous focus of the 
Department. There should be no more regulations than necessary, and 
those that are issued should be simple, comprehensible, and not 
burdensome. Most rules are issued following notice to the public and 
opportunity for comment. Once issued, rules are periodically reviewed 
and revised, as needed, to assure that they continue to meet the needs 
for which they originally were designed.
    To help implement this goal, the Department issued a Notice of 
Regulatory Review on January 26, 2005 (70 FR 3761), seeking public 
comment on how to (1) improve our rules to be more effective and less 
costly or burdensome, (2) identify rules no longer needed and/or new 
rules that may be needed, and (3) prioritize our current rulemaking 
activities, which were set forth in our semi-annual Regulatory Agenda. 
(The latest Agenda preceding the Notice can be found at 69 FR 73492, 
December 13, 2004; the Department's last Agenda can be found at 70 FR 
64940, October 31, 2005.) At the outset, the Department accepted 
written public comments and requests to participate in

[[Page 33781]]

a public meeting. The Department held a public meeting in Washington, 
DC, on April 12, 2005, presided over by the Department's General 
Counsel. Senior officials of the Department's operating administrations 
also participated in this meeting. The Department continued to accept 
written comments from the public as well as participants at the public 
meeting until April 30, 2005.
    We appreciate the public's participation in this regulatory review 
process. We especially thank our stakeholder groups, including trade 
associations, interest groups, consumer groups, and individual 
regulated parties--whether public or private sector organizations--for 
their participation in this process. Your participation has provided 
meaningful and significant input to the Secretary, the General Counsel, 
and other DOT senior officials.

The Final Report

    For rulemakings already in progress, we have provided Rulemaking 
Identification Numbers (RIN). The RIN will allow you to monitor the 
progress of a rulemaking through the Unified Agenda, in which we 
publish estimated dates for taking various public actions.

                                       Comments Warranting Further Action
----------------------------------------------------------------------------------------------------------------
                              Operating
 Item No.     Regulation      admin./OST      Commenter            Comment                   Response
                                office
----------------------------------------------------------------------------------------------------------------
1.........  49 CFR Part     FRA..........  Association of   Requests FRA revise   FRA allows electronic records
             228.                           American         its regulations to    under a waiver process that
                                            Railroads.       allow for             requires railroads to
                                                             electronic records    maintain electronic records
                                                             rather than use the   similar to their paper
                                                             ``waiver'' process.   records. FRA agrees that Part
                                                                                   228 should be reviewed and
                                                                                   revised to facilitate
                                                                                   electronic recordkeeping and
                                                                                   expects to initiate work on a
                                                                                   notice of proposed rulemaking
                                                                                   in the current fiscal year.
2.........  49 CFR Part     FRA..........  Association of   Requests FRA revise   FRA intends to offer its
             229.                           American         its locomotive        Railroad Safety Advisory
                                            Railroads.       inspection            Committee (RSAC) the task of
                                                             regulations to        reviewing and revising Part
                                                             incorporate a         229 at the RSAC full
                                                             performance           committee meeting on February
                                                             standard.             22, 2006.
3.........  49 CFR 395.3..  FMCSA........  Association of   Requests FMCSA        FMCSA will answer the
                                            American         address hours of      previously submitted pilot
                                            Railroads.       service conflicts     program request on this
                                                             for railroad signal   matter.
                                                             employees.
4.........  14 CFR Part     OST RITA       United Air       Recommends            The Department agrees that a
             241.            (BTS).         Lines.           eliminating           review of these regulations
                                                             regulations that no   is appropriate and, in fact,
                                                             longer serve a        already has plans to include
                                                             useful purpose--      this regulation as part of a
                                                             like the              future review of certain
                                                             requirement to file   aviation data requirements
                                                             BTS Schedules B-7     similar to the review and
                                                             and B-43, which       modernization program
                                                             requests highly       currently being conducted.
                                                             detailed and          (See RIN 2105-AC71).
                                                             competitively
                                                             sensitive
                                                             information.
5.........  14 CFR 21.197.  FAA..........  ASTAR Air Cargo  Correct obsolete      This error occurred in 1995
                                                             references to         when the FAA realigned and
                                                             sections 121.79 and   consolidated certain
                                                             135.17.               services. This error was
                                                                                   corrected in the Maintenance
                                                                                   Recording Requirements Final
                                                                                   Rule published January 4,
                                                                                   2006 (71 FR 534).
6.........  14 CFR Parts    FAA..........  Federal Express  Recommends that no    In general, the Department
             91, 121, 135.                  Corp..           regulation should     agrees with Federal Express,
                                                             be adopted unless     and this has long been part
                                                             it has been           of the Department's policy.
                                                             carefully evaluated   With regard to the ETOPS
                                                             to meet demanding     NPRM, the Current ETOPS
                                                             cost-benefit          rulemaking will include a
                                                             standards--specific   cost-benefit analysis. (RIN
                                                             ally, the ETOPS       2120-AI03)
                                                             NPRM.
7.........  25 CFR Part     FHWA.........  Lummi Nation     Recommends that DOT   Section 1119(f) of the
             170.                           Planning         require the Bureau    recently enacted long-term
                                            Department.      of Indian Affairs     surface transportation
                                                             (BIA) Indian          authorization statute (Safe,
                                                             Reservation Roads     Accountable, Flexible and
                                                             (IRR) program to      Efficient Transportation
                                                             produce a complete    Equity Act: A Legacy for
                                                             inventory of          Users ``SAFETEA-LU'')
                                                             reservation roads.    requires the Secretary of
                                                                                   Transportation, in
                                                                                   cooperation with the
                                                                                   Secretary of the Interior, to
                                                                                   complete a comprehensive
                                                                                   national inventory of
                                                                                   transportation facilities
                                                                                   that are eligible for
                                                                                   assistance under the IRR
                                                                                   program. The Department is
                                                                                   implementing Section 1119(f)
                                                                                   of SAFETEA-LU and working
                                                                                   with the Department of the
                                                                                   Interior to conduct the
                                                                                   comprehensive inventory.
                                                                                   However, this does not
                                                                                   require a rulemaking action.

[[Page 33782]]

 
8.........  49 CFR 571.213  NHTSA........  Evenflo........  Recommends            NHTSA will not enforce this
                                                             eliminating the       particular requirement due to
                                                             mass distinction      concerns about its
                                                             for belt-             enforceability. However,
                                                             positioning booster   NHTSA recognizes the
                                                             seats.                potential for forces
                                                                                   generated by the mass of a
                                                                                   booster seat to overload a
                                                                                   child occupant's chest should
                                                                                   be addressed and, therefore,
                                                                                   is addressing this issue in a
                                                                                   proposed rulemaking to expand
                                                                                   the applicability of FMVSS
                                                                                   No. 213 to children weighing
                                                                                   up to 80 pounds (RIN 2127-
                                                                                   AJ44).
9.........  49 CFR 571.213  NHTSA........  Evenflo........  Recommends            NHTSA recognizes the
                                                             clarifying the        inconsistency in measurements
                                                             location of the       provided and will correct
                                                             lower anchorage bar   this inconsistency.
                                                             on the standard
                                                             seat assembly
                                                             depicted in Figure
                                                             1B.
10........  49 CFR 395.8..  FMCSA........  American         Objects to FMCSA's    These comments were taken into
                                            Trucking         current hours of      consideration in the course
                                            Associations.    service; supporting   of the existing, open
                                                             documents NPRM and    rulemaking (RIN 2126-AA76).
                                                             recommends allowing/
                                                             imposing a
                                                             performance-based
                                                             approach of self-
                                                             monitoring systems
                                                             designed to avoid
                                                             burdensome coverage
                                                             of all business
                                                             records.
11........  49 CFR Part     FMCSA........  American         Recommends issuing    FMCSA recognizes the need for
             396.                           Trucking         rules requiring a     rulemaking on this issue and
                                            Associations.    safety program for    will soon begin rulemaking to
                                                             intermodal            implement Section 4118 of
                                                             equipment             SAFETEA-LU (RIN 2126-AA86).
                                                             (container chassis)
                                                             that travels on
                                                             highways.
12........  49 CFR 383.5    FMCSA........  Owner-Operator   Recommends adopting   FMCSA will consider these
             and 384.209.                   Independent      a graduated           comments during its
                                            Drivers          commercial driver's   rulemaking addressing Section
                                            Association,     license (CDL)         4122 of SAFETEA-LU that
                                            Inc.             program and           amends the law allowing for
                                                             clarifying            FMCSA to implement a CDL
                                                             disqualification      Learner's Permit program.
                                                             standards.            (RIN 2126-AB02). With regard
                                                                                   to clarifying
                                                                                   disqualification standards,
                                                                                   FMCSA has on-going efforts to
                                                                                   work with States toward more
                                                                                   uniform definitions of
                                                                                   serious traffic violations.
13........  49 CFR Part     FMCSA........  Owner-Operator   Recommends            This recommendation will be
             387.                           Independent      reevaluating          considered as a comment in
                                            Drivers          whether to continue   the Unified Registration
                                            Association,     self insurance and,   System rulemaking (RIN 2126-
                                            Inc.             if so, suggests       AA22).
                                                             several safeguards.
14........  14 CFR Part     OST..........  United Air       Recommends that       Starting with the January 2006
             234.                           Lines.           reports of            ``Air Travel Consumer
                                                             mishandled baggage    Report'', DOT will clarify
                                                             distinguish between   that reports of mishandled
                                                             carriers that         baggage do not distinguish
                                                             interline and those   between carriers that
                                                             that do not or, at    interline and those that do
                                                             least, clarify that   not.
                                                             this distinction is
                                                             not made.
15........  ..............  FAA..........  Regional         Recommends allowing   FAA will be addressing this
                                            Airline          operators to carry    issue in an upcoming final
                                            Association.     company material      rule.
                                                             that is hazardous
                                                             even though they
                                                             have identified
                                                             themselves as a
                                                             ``will not carry''
                                                             operator.
16........  49 CFR 173.134  PHMSA FAA....  Regional         Suggests allowing an  The hazmat requirements do not
                                            Airline          exception for         apply to noninfectious
                                            Association.     ``will not carry''    diagnostic specimens.
                                                             operators to carry    However, there is some
                                                             noninfectious         confusion on this issue,
                                                             diagnostic            which PHMSA intends to
                                                             specimens.            clarify in an ongoing
                                                                                   rulemaking in which PHMSA
                                                                                   proposes to harmonize its
                                                                                   hazmat rules with recently
                                                                                   adopted international
                                                                                   standards (2137-AD93).
17........  14 CFR 121.574  PHMSA FAA....  Regional         Recommends amending   PHMSA has issued an exemption
                                            Airlines         rules to allow        from 49 CFR Parts 171-180
                                            Association.     carriers to carry     allowing FAT kit to be
                                                             First Aid and         carried in the cabin. FAA is
                                                             Trauma (FAT) kits     considering an amendment that
                                                             that are supplied     would allow the use of the
                                                             by government         FAT kit's oxygen in flight.
                                                             agencies and to       It intends to include this in
                                                             state that the        a future review of the entire
                                                             maintenance can be    Part 121.
                                                             under an approved
                                                             program without
                                                             mentioning the
                                                             certificate holder.

[[Page 33783]]

 
18........  49 CFR Part     NHTSA........  National         Recommends            NHTSA has devoted significant
             563.                           Automobile       accelerating the      time and resources in
                                            Dealers          electronic data       drafting an EDR final rule.
                                            Association.     recording (EDR)       Publication is expected in
                                                             rulemaking.           2006 (RIN 2127-AI72).
19........  ..............  OST..........  Regional         Recommends            The Department has sent out a
                                            Aviation         immediately           notice soliciting public
                                            Partners.        implementing          comment and interest on this
                                                             section 406 (code     program. (See 70 FR 40098.)
                                                             share pilot
                                                             program) of Vision
                                                             100.
20........  FTA Circular    FTA..........  New York MTA...  Suggests several      FTA agrees to expand footnote
             4220.1E.                                        technical changes     39 of FTA Circular 4220.1E to
                                                             to FTA program        further acknowledge the
                                                             requirements,         propriety of liquidated
                                                             including third       damages and to update the
                                                             party contracting     Best Practices Procurement
                                                             requirements.         Manual.
21........  ..............  FTA..........  New York MTA...  Suggests several      FTA intends to take comment on
                                                             technical changes     this issue during the
                                                             to FTA program        rulemaking mandated by
                                                             requirements,         section 3023 of SAFETEA-LU
                                                             including Buy         (RIN 2132-AA80).
                                                             America.
22........  ..............  FTA..........  New York MTA...  Suggests several      FTA will undertake a
                                                             technical changes     comprehensive review of all
                                                             to FTA program        of its current program
                                                             requirements,         circulars in an attempt to
                                                             including Grants      streamline and consolidate
                                                             Management.           circulars as appropriate. FTA
                                                                                   will reach out to the transit
                                                                                   industry and invite public
                                                                                   comment, in accordance with
                                                                                   section 3032 of SAFETEA-LU.
23........  ..............  FTA FHWA.....  New York MTA...  Suggests several      Pursuant to sections 6007 and
                                                             technical changes     6009 of SAFETEA-LU, FHWA and
                                                             to FTA program        FTA will conduct a rulemaking
                                                             requirements,         to clarify the regulatory
                                                             including 4(f)        procedure and criteria for
                                                             criteria.             evaluating ``prudent and
                                                                                   feasible'' alternatives (RINs
                                                                                   2125-AF14 and 2132-AA83).
24........  23 CFR Part     FTA FHWA.....  New York MTA...  Suggests several      Pursuant to section 6002 of
             771.                                            technical changes     SAFETEA-LU, FTA and FHWA are
                                                             to FTA program        considering a rulemaking to
                                                             requirements,         revise the agencies' joint
                                                             including             environmental impact
                                                             environmental         procedures (RINs 2125-AF09
                                                             impact procedures.    and 2132-AA82).
25........  49 CFR Part     FTA..........  New York MTA...  Suggests several      Many of these points will be
             611.                                            technical changes     addressed through rulemaking
                                                             to FTA program        under section 3011 of SAFETEA-
                                                             requirements,         LU (RIN 2132-AA81).
                                                             including the New
                                                             Starts program.
26........  23 CFR 771.135  FHWA.........  New Hampshire    Suggests revising     Pursuant to sections 6009 of
                                            Department of    the 4(f) criteria     SAFETEA-LU, FHWA and FTA will
                                            Transportation.  to require            conduct a rulemaking to
                                                             evaluation and        clarify the regulatory
                                                             legal sufficiency     procedure and criteria for
                                                             review for            evaluating ``prudent and
                                                             Environmental         feasible'' alternatives (RINs
                                                             Impact Statements     2125-AF14 and 2132-AA83).
                                                             and Environmental
                                                             Assessments only,
                                                             not categorical
                                                             exclusions.
27........  14 CFR Part     OST..........  American         Recommends the        While the Department does not
             399.                           Airlines.        Department issue a    agree that certain aviation
                                                             policy statement to   authorities should be issued
                                                             establish that        for an indefinite duration,
                                                             certain authorities   it agrees that the Department
                                                             under the aviation    should consider examining
                                                             statute--exemptions   whether certain aviation
                                                             , codeshare           authorities could be awarded
                                                             statements of         for a longer duration. The
                                                             authorization--will   Department is exploring
                                                             be issued for an      measures to achieve this
                                                             indefinite duration   objective and has announced
                                                             in order to avoid     new streamlining procedures
                                                             renewal               to this end. In a Notice
                                                             applications every    issued August 23, 2005, the
                                                             1 or 2 years.         Department stated that it
                                                                                   would employ show-cause
                                                                                   procedures for the award of
                                                                                   certain long-term certificate
                                                                                   and permit authority, with
                                                                                   the goal of reducing the need
                                                                                   for frequent renewal of
                                                                                   exemption authority. On
                                                                                   December 9, 2005, the
                                                                                   Department issued an order
                                                                                   tentatively granting more
                                                                                   than 20 U.S. air carriers
                                                                                   blanket route integration
                                                                                   authority. Under the terms of
                                                                                   the order, the blanket
                                                                                   authority will be granted for
                                                                                   a 5-year term, renewable upon
                                                                                   application, and will be
                                                                                   applied prospectively to
                                                                                   encompass future awards of
                                                                                   authority.

[[Page 33784]]

 
28........  14 CFR Part     OST..........  United Air       Recommends            See above response (27).
                                                             duration
                                                             limitations on
                                                             carrier
                                                             certificates and
                                                             exemption route
                                                             authority.
29........  14 CFR Part     OST..........  Delta Airlines.  Recommends a default  See above response (27).
                                                             provide that
                                                             exemptions and
                                                             other authorities
                                                             under the aviation
                                                             statute--exemptions
                                                             , codeshare
                                                             statements of
                                                             authorization--will
                                                             be issued for an
                                                             indefinite duration
                                                             but that the
                                                             Department may
                                                             amend, modify or
                                                             revoke them at any
                                                             time without a
                                                             hearing.
30........  14 CFR 257.5..  OST..........  United Air       Recommends allowing   In response to United Air
                                            Lines.           a generic statement   Lines recent Petition for
                                                             of code-sharing and   Rulemaking on this issue, DOT
                                                             long-term wet         issued a final rule on August
                                                             leases in             4, 2005 (see 70 FR 44848).
                                                             advertisement.
31........  49 CFR........  FRA..........  Chicago Area...  Recommends            This comments pre-dates FRA
            Part 222......                 Transportation    reconsidering the     issuance of its final rule on
                                            Study.           analysis of risk      ``Use of Locomotive Horns as
                                           Council of        for not sounding      Highway-Rail Crossings'' (see
                                            Mayors           the train horn in     80 FR 21844). In the final
                                            Executive        the Chicago area.     rule FRA carved out the
                                            Committee.                             Chicago area and will study
                                                                                   that area separately. If
                                                                                   appropriate, it will be
                                                                                   addressed in a future
                                                                                   rulemaking (RIN 2130-AB73).
32........  23 CFR Part     FHWA.........  Texas            Suggests several      Section 1503 of SAFETEA-LU
             636.                           Department of    revisions to the      requires a revision to the
                                            Transportation.  design-build          design-build regulations.
                                                             regulations.          FHWA plans to amend the
                                                                                   regulations accordingly. In
                                                                                   addition, FHWA is currently
                                                                                   evaluating the need to modify
                                                                                   the design-build regulations
                                                                                   in the context of public-
                                                                                   private partnerships (RIN
                                                                                   2125-AF12).
33........  ..............  FTA..........  New York MTA...  Suggests several      This is a long list of
                                                             technical changes     technical changes some of
                                                             to FTA program        which must be done by
                                                             requirements,         legislation while others may
                                                             including reporting   be done by regulation. Each
                                                             requirements for      of these will require
                                                             the national          detailed evaluation to
                                                             transit database.     determine whether it can be
                                                                                   done by regulation. Those
                                                                                   that can be changed by
                                                                                   regulation will be addressed.
34........  49 CFR........  PHMSA........  Association of   Objects to the        This will be treated as a
            173.24(b).....                  Hazmat           additional            comment to the current
                                            Shippers.        packaging             rulemaking on this issue (RIN
                                                             requirements for      2137-AD33).
                                                             oxygen cylinders.
35........  ..............  FTA..........  New York MTA...  Suggests several      Most of the suggestions
                                                             technical changes     offered would require
                                                             to FTA program        legislative change. The
                                                             requirements,         remaining suggestion
                                                             including to Fixed    regarding risk assessments
                                                             Guideway              will be addressed through
                                                             Modernization.        upcoming guidance.
36........  14 CFR........  FAA..........  Regional         Requests a            FAA is developing, with
            Part 121......                  Airline.         rulemaking to allow   industry, appropriate
                                           Association....   air carriers to       language for an operation
                                                             conduct both          specification and, therefore,
                                                             scheduled and         believes that a rulemaking is
                                                             charter service       unnecessary.
                                                             with one set of
                                                             books.
----------------------------------------------------------------------------------------------------------------


                                                        Comments Warranting Further Consideration
--------------------------------------------------------------------------------------------------------------------------------------------------------
  Item number             Regulation            Operating admin./OST office         Commenter                Comment                    Response
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.............  .............................  DOT..........................  Marion C. Pulsifer    Suggests that the          DOT recently completed a
                                                                               Consulting.           development, financing,    report to develop a
                                                                                                     environmental review,      process to ensure
                                                                                                     etc. of large multimodal   effective and
                                                                                                     infrastructure projects    comprehensive oversight
                                                                                                     be coordinated through a   of large transportation
                                                                                                     single point in DOT.       infrastructure projects
                                                                                                                                and is carefully
                                                                                                                                monitoring the use of
                                                                                                                                one possible process in
                                                                                                                                the administration of
                                                                                                                                the on-going multimodal
                                                                                                                                Transportation Expansion
                                                                                                                                (TREX) megaproject in
                                                                                                                                Denver, Colorado.

[[Page 33785]]

 
2.............  .............................  FMCSA FAA....................  Federal Express Corp  Recommends clearly         The agencies are mindful
                                                                                                     defining the scope of      of the need for clarity
                                                                                                     the agencies'              in defining regulatory
                                                                                                     jurisdiction vis-a-vis     jurisdiction.
                                                                                                     OSHA.
3.............  49 CFR 571.124...............  NHTSA........................  Alliance of           Suggests revising all      NHTSA currently has a
                                                                               Automobile            Federal Motor Vehicle      regulatory review
                                                                               Manufacturers.        Safety Standards           program that
                                                                                                     (FMVSS)--in similar        specifically evaluates
                                                                                                     fashion used for FMVSS     the need to revise FMVSS
                                                                                                     124--to accommodate        to accommodate
                                                                                                     technological changes      technological and other
                                                                                                     and voluntary industry     changes. NHTSA's review
                                                                                                     action.                    schedule under Section
                                                                                                                                610 of the Regulatory
                                                                                                                                Flexibility Act and
                                                                                                                                other reviews was
                                                                                                                                published in Appendix D
                                                                                                                                to the Unified Agenda
                                                                                                                                (70 FR 64079, 64949).
                                                                                                                                FMVSS 124 was one of the
                                                                                                                                first standards to be
                                                                                                                                reviewed under this
                                                                                                                                process at which time no
                                                                                                                                changes were warranted
                                                                                                                                and the standard will be
                                                                                                                                reviewed again through
                                                                                                                                this process.
4.............  49 CFR 571.108...............  NHTSA........................  American Trucking     Recommends providing for   Current regulations allow
                                                                               Associations.         commercial vehicle         the most safe and
                                                                                                     lighting equipment         effective replaceable
                                                                                                     interchangeability.        headlamps. The agency is
                                                                                                                                currently reviewing this
                                                                                                                                regulation to determine
                                                                                                                                if revisions are
                                                                                                                                appropriate.
5.............  .............................  FMCSA PHMSA..................  American Trucking     Requests a rule to         FMCSA is working with the
                                                                               Associations.         implement uniform          current Alliance for
                                                                                                     requirements for hazmat    Uniform Hazardous
                                                                                                     permits and to preempt     Materials Registration
                                                                                                     state permit               to encourage States to
                                                                                                     requirements that are      voluntarily join in a
                                                                                                     not substantively the      base-state hazmat
                                                                                                     same..                     permitting arrangement.
                                                                                                                                FMCSA and PHMSA will
                                                                                                                                establish a work group
                                                                                                                                to study hazmat
                                                                                                                                permitting and
                                                                                                                                registration practices
                                                                                                                                in response to a
                                                                                                                                requirement in SAFETEA-
                                                                                                                                LU and will reevaluate
                                                                                                                                whether it should open a
                                                                                                                                rulemaking at the
                                                                                                                                completion of that
                                                                                                                                working group's report.
6.............  14 CFR Part 121..............  FAA..........................  Airline Dispatchers   Recommends applying the    With electronic
                                                                               Federation.           rules for dispatching      communication much more
                                                                                                     scheduled airline          sophisticated now than
                                                                                                     operations to              it was when the studies
                                                                                                     supplemental operations,   offered in support of
                                                                                                     so that a certified        this comment were
                                                                                                     dispatcher is on site      performed, one would
                                                                                                     for departures.            intuitively expect less
                                                                                                                                need for on-site
                                                                                                                                dispatchers. However,
                                                                                                                                FAA believes that it is
                                                                                                                                worthwhile to review
                                                                                                                                dispatch-related
                                                                                                                                accidents and incidents
                                                                                                                                to ascertain whether the
                                                                                                                                number is
                                                                                                                                disproportionately high
                                                                                                                                when no dispatcher is
                                                                                                                                physically present.
7.............  14 CFR 121.465...............  FAA..........................  Airline Dispatchers   Recommends revising the    FAA agrees that, on face
                                                                               Federation.           rules on aircraft          value, dispatcher
                                                                                                     dispatchers duty time to   fatigue is primarily an
                                                                                                     be consistent both in      issue of time. However,
                                                                                                     and out of the U.S.        before taking definitive
                                                                                                                                steps to revise the
                                                                                                                                regulation, it is
                                                                                                                                appropriate to review
                                                                                                                                whether there are higher
                                                                                                                                levels of accidents and
                                                                                                                                incidents among flag
                                                                                                                                carriers dispatching
                                                                                                                                aircraft from outside
                                                                                                                                the U.S.

[[Page 33786]]

 
8.............  14 CFR 121.619...............  FAA..........................  Aircraft Dispatchers  Recommends liberalizing    The FAA is currently
                                                                               Federation.           the requirement for        reviewing air carriers'
                                                                                                     specifying an alternate    ability to dispatch
                                                                                                     destination prior to       while carrying alternate
                                                                                                     dispatch.                  fuel at lower limits
                                                                                                                                than the current rule
                                                                                                                                allows. The FAA will
                                                                                                                                determine if rulemaking
                                                                                                                                is appropriate based on
                                                                                                                                the outcome of this
                                                                                                                                review.
9.............  14 CFR Part 91...............  FAA..........................  Aircraft Dispatchers  Recommends developing a    The FAA has begun a broad-
                                                                               Federation.           plan to certify and        based program to assess
                                                                                                     regulate unmanned aerial   the need for UAV
                                                                                                     vehicles (UAV).            regulations. The FAA
                                                                                                                                Flight Plan has
                                                                                                                                identified the
                                                                                                                                development of policies,
                                                                                                                                procedures, and approval
                                                                                                                                processes to enable the
                                                                                                                                operation of UAVs in the
                                                                                                                                National Airspace System
                                                                                                                                as a long-term
                                                                                                                                initiative. The FAA is
                                                                                                                                well on its way to
                                                                                                                                developing these
                                                                                                                                policies. There is a
                                                                                                                                Federal Advisory
                                                                                                                                Committee working on the
                                                                                                                                development of standards
                                                                                                                                the FAA hopes to use as
                                                                                                                                the basis for a future
                                                                                                                                rulemaking.
10............  49 CFR Part 177..............  PHMSA........................  American Trucking     Recommends either          The 30-day timeframe for
                                                                               Associations.         extending the deadline     submitting the
                                                                                                     for submitting a written   ``update'' actually
                                                                                                     update report on a         refers to the timeframe
                                                                                                     hazmat spill from 30 to    in which a written
                                                                                                     90 days or eliminating     report must be submitted
                                                                                                     the provision.             for all incidents. PHMSA
                                                                                                                                agrees to consider
                                                                                                                                whether 30 days is
                                                                                                                                sufficient to collect
                                                                                                                                all the information
                                                                                                                                required and, therefore,
                                                                                                                                will consider this issue
                                                                                                                                for possible rulemaking.
11............  .............................  FHWA.........................  American Road and     Recommends continuing to   The Department and FHWA
                                                                               Transportation        implement environmental    continue to work to
                                                                               Builders              streamlining for           expedite and improve the
                                                                               Association.          transportation projects.   environmental review/
                                                                                                                                approval process and
                                                                                                                                have identified 15
                                                                                                                                priority projects for
                                                                                                                                review by the
                                                                                                                                interdepartmental
                                                                                                                                Transportation
                                                                                                                                Infrastructure
                                                                                                                                Streamlining Task Force
                                                                                                                                and expect that, in the
                                                                                                                                future, additional
                                                                                                                                priority projects will
                                                                                                                                be selected.
12............  23 CFR 750.707...............  FHWA.........................  Florida Department    Recommends revising the    FHWA recognizes that this
                                                                               of Transportation.    regulation to remove       regulation needs review,
                                                                                                     requirements that          but believes that any
                                                                                                     inhibit States' ability    such review should be
                                                                                                     to regulate                part of an overall
                                                                                                     nonconforming outdoor      evaluation of the
                                                                                                     advertising signs;         Outdoor Advertising
                                                                                                     adding a provision         Control Program. FHWA
                                                                                                     requiring each State to    currently is developing
                                                                                                     develop its own            a program review of the
                                                                                                     requirements for control.  Outdoor Advertising
                                                                                                                                Control Program. This
                                                                                                                                regulation on
                                                                                                                                nonconforming signs will
                                                                                                                                certainly be a part of
                                                                                                                                this review.
13............  14 CFR 121.311...............  FAA..........................  Regional Airline      Requests regulation be     FAA recognizes this as an
                                                                               Association.          amended to allow an        issue and is looking
                                                                                                     ``adult or parent'' to     into the best way to
                                                                                                     carry a lap child.         ensure young parents
                                                                                                                                (under 18) are allowed
                                                                                                                                to lap-hold children
                                                                                                                                under two. However, it
                                                                                                                                must determine its
                                                                                                                                priorities for its
                                                                                                                                limited resources prior
                                                                                                                                to committing to a
                                                                                                                                rulemaking on this
                                                                                                                                issue.

[[Page 33787]]

 
14............  49 CFR Part 568..............  NHTSA........................  National Automobile   Recommends amending the    Consumer protection and
                49 CFR 571.110...............                                  Dealers Association.  motor vehicle placarding   good faith disclosure is
                                                                                                     regulations to require     best served by requiring
                                                                                                     re-placarding only when    re-labeling. This issue
                                                                                                     alteration or final        may be addressed through
                                                                                                     stage manufacturing has    a current rulemaking
                                                                                                     occurred.                  (see RIN 2127-AJ57).
15............  14 CFR Part 241..............  RITA (BTS)...................  Federal Express Corp  Recommends eliminating     The Department agrees
                                                                                                     provisions that require    that this regulation is
                                                                                                     carriers to report         a good candidate for
                                                                                                     separately mail revenues   review. However, because
                                                                                                     and mail weights.          there are offices within
                                                                                                                                the Department that use
                                                                                                                                this data, the
                                                                                                                                Department needs to
                                                                                                                                evaluate its need for
                                                                                                                                the information before
                                                                                                                                determining whether to
                                                                                                                                proceed on a rulemaking
                                                                                                                                to eliminate or revise
                                                                                                                                this regulation.
16............  .............................  FMCSA........................  Federal Express Corp  Recommends federalizing    FMCSA is currently
                                                                                                     and mandating real time    exploring the
                                                                                                     driver and carrier         development of a
                                                                                                     notifications of a         national Employer
                                                                                                     driver violation or        Notification Service
                                                                                                     license restriction that   (ENS) system that will
                                                                                                     would potentially          allow carriers to
                                                                                                     disqualify a driver to     register their drivers
                                                                                                     hold a commercial          in a database and then
                                                                                                     drivers license.           be immediately notified
                                                                                                                                of changes in the status
                                                                                                                                of their CDLs. A
                                                                                                                                prototype system has
                                                                                                                                been developed and will
                                                                                                                                be evaluated during an
                                                                                                                                18-month pilot test in
                                                                                                                                California and Colorado
                                                                                                                                beginning in March 2006.
17............  49 CFR Part 107..............  PHMSA........................  Federal Express Corp  Recommends that carriers   The HMR generally
                                                                                                     should not be penalized    prohibit accepting or
                                                                                                     when a shipper fails to    transporting hazmat not
                                                                                                     identify its package as    in compliance with the
                                                                                                     hazmat.                    regulations. All
                                                                                                                                operating modes
                                                                                                                                typically seek to bring
                                                                                                                                enforcement actions
                                                                                                                                against the shipper of
                                                                                                                                the material. There are
                                                                                                                                cases, however, where
                                                                                                                                enforcement actions are
                                                                                                                                appropriate against a
                                                                                                                                carrier who knew, or
                                                                                                                                should have known the
                                                                                                                                material offered for
                                                                                                                                transportation contains
                                                                                                                                hazmat. The
                                                                                                                                ``knowingly'' standard
                                                                                                                                for civil penalty
                                                                                                                                liability is defined in
                                                                                                                                Federal hazardous
                                                                                                                                material transportation
                                                                                                                                law and embodies the
                                                                                                                                ``negligence'' standard
                                                                                                                                which is well developed
                                                                                                                                in common law. There is
                                                                                                                                currently an open
                                                                                                                                proceeding (see OST-2001-
                                                                                                                                10380 on the
                                                                                                                                Department's Docket
                                                                                                                                Management System)
                                                                                                                                considering whether to
                                                                                                                                issue further industry
                                                                                                                                guidance on the
                                                                                                                                ``knowingly'' standard.
                                                                                                                                In addition, the FAA is
                                                                                                                                considering allowing
                                                                                                                                credit in any subsequent
                                                                                                                                enforcement action to an
                                                                                                                                air carrier that
                                                                                                                                voluntarily provides
                                                                                                                                hazmat recognition
                                                                                                                                training to its
                                                                                                                                employees. PHMSA notes
                                                                                                                                the concern and will
                                                                                                                                review existing
                                                                                                                                enforcement guidance.
18............  49 CFR Part 107..............  FAA PHMSA....................  United Air Lines....  Recommends that the FAA    See response above
                                                                                                     should prosecute non-      (17).
                                                                                                     compliant shippers
                                                                                                     rather than carriers
                                                                                                     reporting hazmat
                                                                                                     discrepancies in
                                                                                                     accepted baggage or
                                                                                                     freight.

[[Page 33788]]

 
19............  49 CFR Parts 387 and 371.....  FMCSA........................  Owner-Operator        Proposes adopting          These comments and
                                                                               Independent Drivers   stricter standards for     associated matters are
                                                                               Association, Inc.     brokers and freight        currently under agency
                                                                                                     forwarders to include      consideration.
                                                                                                     increasing the security
                                                                                                     bond, eliminating trust
                                                                                                     funds as a surety
                                                                                                     alternative, and
                                                                                                     eliminating freight
                                                                                                     forwarders as a
                                                                                                     separately-regulated
                                                                                                     category of
                                                                                                     transportation
                                                                                                     intermediaries and
                                                                                                     require them to follow
                                                                                                     broker requirements.
20............  49 CFR 373.101...............  FMCSA........................  Owner-Operator        Recommends adding a        These comments were taken
                                                                               Independent Drivers   requirement for shipment   into consideration in
                                                                               Association, Inc.     date and pick-up and       the course of the
                                                                                                     delivery times to bills    existing open rulemaking
                                                                                                     of lading.                 (See RIN 2126-AA76).
21............  49 CFR Parts 171-180.........  PHMSA........................  United Air Lines....  Recommends using the term  PHMSA appreciates the
                                                                                                     ``dangerous goods''        need to seek further
                                                                                                     rather than the term       harmonization of
                                                                                                     ``hazardous materials''    international hazmat
                                                                                                     for consistency with       regulations and will
                                                                                                     foreign jurisdictions.     study this issue further
                                                                                                                                but needs further
                                                                                                                                information concerning
                                                                                                                                the actual benefits to
                                                                                                                                safety of changing
                                                                                                                                terminology.
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                                                    No Further Action
--------------------------------------------------------------------------------------------------------------------------------------------------------
   Item No.               Regulation            Operating admin./ OST office        Commenter                Comment                    Response
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.............  14 CFR 121.377...............  FAA..........................  Steven M. Jones.....  Maintenance and            FAA notes that this
                                                                                                     preventative maintenance   regulation is not as
                                                                                                     personnel duty time        detailed as the aircraft
                                                                                                     limitation regulation is   dispatcher regulation.
                                                                                                     unclear; commenter         However, the FAA
                                                                                                     compares it to             believes that the intent
                                                                                                     regulation for aircraft    of this regulation is
                                                                                                     dispatcher duty time       clear and has no data to
                                                                                                     limitations.               support maintenance
                                                                                                                                personnel working
                                                                                                                                consecutively for seven
                                                                                                                                days as commenter
                                                                                                                                alleges. The FAA has
                                                                                                                                evaluated the regulation
                                                                                                                                and how it is understood
                                                                                                                                in the industry and has
                                                                                                                                determined that
                                                                                                                                addressing the differing
                                                                                                                                levels of detail in duty
                                                                                                                                time regulations is not
                                                                                                                                a priority.
2.............  49 CFR 382.107...............  FMCSA OST-ODAPC..............  Roxanne Wyant.......  Suggests removing the      If an employer learns
                                                                                                     term ``actual              reliably that a covered
                                                                                                     knowledge'' of drug or     employee has engaged in
                                                                                                     alcohol use from the       conduct otherwise
                                                                                                     list of grounds for        prohibited by the
                                                                                                     finding a violation of     regulations, relating to
                                                                                                     the FMCSA rules.           use of illegal drugs or
                                                                                                                                abuse of alcohol, it is
                                                                                                                                fully consistent with
                                                                                                                                the safety objectives of
                                                                                                                                the regulation for the
                                                                                                                                employer to treat that
                                                                                                                                information as the basis
                                                                                                                                for a violation of the
                                                                                                                                rules, even if no drug
                                                                                                                                or alcohol test had
                                                                                                                                occurred.

[[Page 33789]]

 
3.............  .............................  DOT..........................  Air Transport         Recommends restricting     The Department agrees
                                                                               Association of        the number of regulatory   that it should strive to
                                                                               America, Inc.         proceedings,               improve the efficiency
                                                                                                     establishing smaller       of its rulemaking and
                                                                                                     Government-industry        enforcement processes
                                                                                                     working groups to          and that many of the
                                                                                                     develop recommendations,   recommendations go to
                                                                                                     working to harmonize       that effort. The
                                                                                                     international regulatory   Department already uses
                                                                                                     regimes, and improving     some of the recommended
                                                                                                     enforcement programs.      strategies where
                                                                                                                                appropriate and will
                                                                                                                                continue to do so. The
                                                                                                                                Department is putting
                                                                                                                                this on the No Further
                                                                                                                                Action Warranted chart
                                                                                                                                only because it is not
                                                                                                                                tied to specific
                                                                                                                                regulations.
4.............  .............................  OST-C........................  American Society of   Suggests that the          Requiring advance notice
                                                                               Travel Agents, Inc.   Department provide         and comment prior to
                                                                                                     public notice and an       adopting any new
                                                                                                     opportunity to comment     enforcement
                                                                                                     before new aviation        interpretation would
                                                                                                     enforcement                significantly interfere
                                                                                                     interpretations are        with and burden the
                                                                                                     adopted.                   Department's discretion
                                                                                                                                in administering
                                                                                                                                aviation enforcement and
                                                                                                                                could result in fewer,
                                                                                                                                often-helpful,
                                                                                                                                interpretations being
                                                                                                                                issued. Moreover, it is
                                                                                                                                not practical to conduct
                                                                                                                                lengthy and costly
                                                                                                                                proceedings to define
                                                                                                                                what the Department
                                                                                                                                believes is required by
                                                                                                                                statute or to hold
                                                                                                                                public hearings before
                                                                                                                                issuing interpretations
                                                                                                                                or policy statements.
                                                                                                                                However, requests for
                                                                                                                                reconsideration often
                                                                                                                                are entertained.
5.............  14 CFR 121.311...............  FAA..........................  Greg Niebeding,       Requests the FAA revise    FAA considered this issue
                                                                               President of Baby     its regulations to allow   through a petition for
                                                                               B'Air Flight Vests.   the use of Baby B'Air      an exemption and, in
                                                                                                     Flight Vests during take-  October 2004, determined
                                                                                                     off and landing.           that an exemption was
                                                                                                                                not in the public
                                                                                                                                interest. No new
                                                                                                                                evidence was presented
                                                                                                                                through this process.
6.............  49 CFR 571.204...............  NHTSA........................  Alliance of           Suggests implementing and  While test procedures are
                                                                               Automobile            modifying test             provided in the FMVSS,
                                                                               Manufacturers.        procedures manufacturers   they reflect the
                                                                                                     use to demonstrate         specifications
                                                                                                     regulatory compliance      established by
                                                                                                     with FMVSS--like FMVSS     regulation. The tests
                                                                                                     201.                       detail how NHTSA and its
                                                                                                                                contractors should
                                                                                                                                conduct compliance
                                                                                                                                tests; the industry is
                                                                                                                                not required to use
                                                                                                                                NHTSA's test procedures.
7.............  14 CFR Part 93...............  FAA OST......................  Air Carrier           Recommends review of       FAA has an open
                                                                               Association of        regulations operating to   rulemaking to address
                                                                               America.              frequently block low       congestion at O'Hare
                                                                                                     fare carriers from         airport (see RIN 2120-
                                                                                                     competing at various       AI51) and has been
                                                                                                     airports--specifically,    analyzing market based
                                                                                                     the high-density rule.     approaches at LaGuardia
                                                                                                                                that will likely involve
                                                                                                                                rulemaking. It is not
                                                                                                                                feasible at this time to
                                                                                                                                begin a separate
                                                                                                                                rulemaking in the
                                                                                                                                interim to address
                                                                                                                                certain elements of the
                                                                                                                                High Density Rule, which
                                                                                                                                phases out at LaGuardia
                                                                                                                                and John F. Kennedy
                                                                                                                                International Airport in
                                                                                                                                January 2007. The FAA is
                                                                                                                                also reluctant to
                                                                                                                                promulgate changes to
                                                                                                                                the slot rules at Ronald
                                                                                                                                Reagan Washington
                                                                                                                                National Airport until
                                                                                                                                it has concluded its
                                                                                                                                analysis of market
                                                                                                                                approaches at LaGuardia.

[[Page 33790]]

 
8.............  49 CFR Part 26...............  OST FHWA FAA FTA.............  American Road and     Recommends one             This is a Congressionally-
                                                                               Transportation        Disadvantaged Business     mandated program.
                                                                               Builders              Enterprise goal for        However, the Department
                                                                               Association.          minority and women         hopes to address some
                                                                                                     contractors.               program implementation
                                                                                                                                issues through meetings
                                                                                                                                with industry groups,
                                                                                                                                including the American
                                                                                                                                Road and Transportation
                                                                                                                                Builders Association.
                                                                                                                                Afterwards, any needed
                                                                                                                                changes will be
                                                                                                                                considered, if
                                                                                                                                appropriate.
9.............  49 CFR 395.3.................  FMCSA........................  American Road and     Requests short-haul        FMCSA published its hours
                                                                               Transportation        drivers in the             of service rule on
                                                                               Builders              transportation             August 25, 2005 (see 70
                                                                               Association.          construction industry be   FR 49978). The rule
                                                                                                     excluded from the hours    adopted a special hours
                                                                                                     of service rule.           of service regime for
                                                                                                                                short-haul drivers.
10............  40 CFR Part 93...............  FHWA.........................  American Road and     Recommends allowing        Section 6011 of the
                                                                               Transportation        grandfathering or a        recently enacted long-
                                                                               Builders              grace period for Clean     term surface
                                                                               Association.          Air Act conformity so      transportation
                                                                                                     that transportation        authorization statute
                                                                                                     planning projects can      (Safe, Accountable,
                                                                                                     better respond to          Flexible and Efficient
                                                                                                     obligations on short       Transportation Equity
                                                                                                     notice.                    Act: A Legacy for Users
                                                                                                                                ``SAFETEA-LU'') provides
                                                                                                                                for a one-year grace
                                                                                                                                period for conformity
                                                                                                                                determinations. Thus,
                                                                                                                                this issue does not
                                                                                                                                require rulemaking
                                                                                                                                action.
11............  .............................  FHWA.........................  American Road and     Recommends allowing the    Section 6007 of SAFETEA-
                                                                               Transportation        Interstate Highway         LU exempts the
                                                                               Builders              System an exemption from   Interstate Highway
                                                                               Association.          historic preservation      System from
                                                                                                     requirements.              consideration as a
                                                                                                                                historic site under
                                                                                                                                Section 4(f) of the
                                                                                                                                National Historic
                                                                                                                                Preservation Act.
                                                                                                                                Therefore, no rulemaking
                                                                                                                                action is required at
                                                                                                                                this time.
12............  .............................  DOT..........................  Federal Express Corp  Recommends expediting      The Department's
                                                                                                     reevaluation and           regulatory review plan
                                                                                                     publication for comment    addresses this issue by
                                                                                                     of any notices or rules    requiring all rules to
                                                                                                     over 20 years old and      be reviewed every ten
                                                                                                     reviewing existing rules   years. It also asks for
                                                                                                     to see if a revision can   public comment on
                                                                                                     be made or a rule can be   whether any specific
                                                                                                     eliminated rather than     review should be
                                                                                                     issuing a new regulation   expedited. (See Appendix
                                                                                                     that ``layers on.''        D to the Unified Agenda
                                                                                                                                (70 FR 64079, 64943) The
                                                                                                                                Department is putting
                                                                                                                                this on the No Further
                                                                                                                                Action Warranted chart
                                                                                                                                because it is not tied
                                                                                                                                to specific regulations
                                                                                                                                in need of more
                                                                                                                                immediate attention than
                                                                                                                                our existing process
                                                                                                                                will provide
13............  .............................  DOT..........................  Federal Express Corp  Recommends organizing      As rules are rewritten,
                                                                                                     rules by specific          agencies do reorganize
                                                                                                     regulated groups in        them to help regulated
                                                                                                     separate and clearly       industries comply. There
                                                                                                     identified sections.       is some risk in both
                                                                                                                                directions. E.g., FMCSA
                                                                                                                                tried the suggested
                                                                                                                                approach in a recent
                                                                                                                                rulemaking and found
                                                                                                                                that it required a lot
                                                                                                                                of duplication, which
                                                                                                                                would increase the
                                                                                                                                chance for errors and
                                                                                                                                inconsistencies. The
                                                                                                                                Department is putting
                                                                                                                                this on the No Further
                                                                                                                                Action Warranted chart
                                                                                                                                because it is not tied
                                                                                                                                to specific regulations.

[[Page 33791]]

 
14............  .............................  DOT..........................  Federal Express Corp  Recommends harmonizing     Agencies attempt to
                                                                                                     all rules with             harmonize their rules
                                                                                                     international rules and    with international
                                                                                                     procedures.                rules; however, this is
                                                                                                                                not always possible.
                                                                                                                                PHMSA is currently
                                                                                                                                attempting to harmonize
                                                                                                                                its hazardous materials
                                                                                                                                nomenclature with the
                                                                                                                                international system.
                                                                                                                                FMCSA and Canada worked
                                                                                                                                out uniform North
                                                                                                                                American cargo
                                                                                                                                securement standards--
                                                                                                                                that process took nearly
                                                                                                                                a decade. The Department
                                                                                                                                is putting this on the
                                                                                                                                No Further Action
                                                                                                                                Warranted chart because
                                                                                                                                it is not tied to
                                                                                                                                specific regulations.
15............  .............................  FMCSA, PHMSA.................  Federal Express Corp  Recommends revising the    This is inconsistent with
                                                                                                     policy for granting        FMCSA's statutory
                                                                                                     exemptions: either fully   authority, which permits
                                                                                                     regulate an item or do     exemptions if the
                                                                                                     not regulate it at all.    specified level of
                                                                                                                                safety can be maintained
                                                                                                                                or improved. Similarly,
                                                                                                                                PHMSA's statutory
                                                                                                                                authority permits the
                                                                                                                                agency to grant special
                                                                                                                                permits authorizing
                                                                                                                                variances from the
                                                                                                                                hazmat regulations if
                                                                                                                                the special permit
                                                                                                                                provides an equivalent
                                                                                                                                level of safety to that
                                                                                                                                specified in the
                                                                                                                                regulations. The special
                                                                                                                                permit program provides
                                                                                                                                an opportunity for the
                                                                                                                                testing and evaluation
                                                                                                                                of technological
                                                                                                                                improvements in a real-
                                                                                                                                world transportation
                                                                                                                                environment. Special
                                                                                                                                permits that result in
                                                                                                                                demonstrated safety and
                                                                                                                                efficiency benefits are
                                                                                                                                frequently converted
                                                                                                                                into regulations of
                                                                                                                                general applicability.
16............  .............................  DOT..........................  Federal Express Corp  Recommends designing a     The Department
                                                                                                     single federal program     acknowledges that there
                                                                                                     to require                 are multiple security
                                                                                                     transportation worker      programs currently in
                                                                                                     identification cards       place. However, as the
                                                                                                     (TWIC).                    Transportation Security
                                                                                                                                Administration (under
                                                                                                                                Department of Homeland
                                                                                                                                Security) is the lead
                                                                                                                                Agency, the Department
                                                                                                                                cannot take the lead on
                                                                                                                                this problem.
17............  .............................  FMCSA, NHTSA.................  Federal Express Corp  Recommends standardizing   NHTSA has exclusive
                                                                                                     and harmonizing safety     authority to set
                                                                                                     and recording              manufacturing standards
                                                                                                     requirements for           for the Department;
                                                                                                     passenger and commercial   FMCSA's rules apply only
                                                                                                     vehicles.                  to the operators, not
                                                                                                                                the manufacturers, of
                                                                                                                                commercial motor
                                                                                                                                vehicles. However, the
                                                                                                                                agencies do work
                                                                                                                                together on rules when
                                                                                                                                appropriate.
18............  .............................  FMCSA........................  Federal Express Corp  Recommends that the        FMCSA regulates all
                                                                                                     Agency regulate all        drivers of commercial
                                                                                                     commercial drivers and     motor vehicles, as
                                                                                                     vehicles including non-    defined by 49 U.S.C.
                                                                                                     DOT drivers.               31132.

[[Page 33792]]

 
19............  49 CFR Part 172..............  PHMSA........................  Federal Express Corp  Recommends requiring that  This information is
                                                                                                     material safety data       already widely
                                                                                                     sheets (MSDS) be           distributed to employees
                                                                                                     supplied to first          of hazmat shippers,
                                                                                                     responders and that any    transport workers, and
                                                                                                     product information        emergency responders.
                                                                                                     regarding hazardous        The hazardous material
                                                                                                     materials (hazmat) be      regulations (HMR)
                                                                                                     widely disseminated to     currently require hazmat
                                                                                                     the public.                shipments to be
                                                                                                                                accompanied by emergency
                                                                                                                                response information to
                                                                                                                                assure that transport
                                                                                                                                workers and emergency
                                                                                                                                responders have
                                                                                                                                sufficient information
                                                                                                                                to protect themselves
                                                                                                                                and others in the event
                                                                                                                                of an accident or other
                                                                                                                                emergency; however, this
                                                                                                                                requirement can be met
                                                                                                                                in a number of ways,
                                                                                                                                including the use of an
                                                                                                                                MSDS form.
20............  49 CFR Parts 171-180.........  PHMSA........................  Federal Express Corp  Wants DOT to take full     PHMSA has worked with the
                                                                                                     jurisdiction of all        other Federal agencies
                                                                                                     transportation safety      to define the limits of
                                                                                                     issues.                    DOT's regulations. PHMSA
                                                                                                                                published a rule on this
                                                                                                                                subject in 2004 which is
                                                                                                                                currently the subject of
                                                                                                                                a legal challenge
                                                                                                                                PHMSA's final rule
                                                                                                                                codifies long-standing
                                                                                                                                interpretations and
                                                                                                                                administrative decisions
                                                                                                                                concerning the
                                                                                                                                applicability of DOT's
                                                                                                                                regulations in the
                                                                                                                                overall statutory
                                                                                                                                framework which includes
                                                                                                                                other agencies beyond
                                                                                                                                the scope of DOT's
                                                                                                                                jurisdiction.
21............  49 CFR 571.208...............  NHTSA........................  Evenflo.............  Recommends working with    It is not necessary to
                                                                                                     manufacturers to assure    update Appendix A to
                                                                                                     appropriate child          remove child restraint
                                                                                                     restraints will be         systems (CRS) not
                                                                                                     available to conduct       currently in production
                                                                                                     occupant crash             because the appendix is
                                                                                                     protection testing and     intended to be
                                                                                                     that Appendix A reflects   representative of CRSs
                                                                                                     only products currently    in use by the public,
                                                                                                     in production.             not merely those on the
                                                                                                                                market. In addition, in
                                                                                                                                November 2003, NHTSA
                                                                                                                                established a procedure
                                                                                                                                for amending Appendix A--
                                                                                                                                seats will be added or
                                                                                                                                removed when real world
                                                                                                                                usage makes it
                                                                                                                                appropriate. Moreover,
                                                                                                                                manufacturers are
                                                                                                                                provided sufficient lead-
                                                                                                                                time as to the CRSs the
                                                                                                                                agency is using in its
                                                                                                                                compliance tests.
22............  23 CFR Part 658..............  FHWA.........................  American Trucking     Recommends granting        The LCV ``freeze'' was
                                                                               Associations.         States more flexibility    put in place by Congress
                                                                                                     in addressing              to protect national
                                                                                                     operational requirements   infrastructure and
                                                                                                     for Longer Combination     highway safety. FHWA
                                                                                                     Vehicle (LCV)              does not have the
                                                                                                     restrictions.              authority to amend the
                                                                                                                                LCV ``freeze''.

[[Page 33793]]

 
23............  49 CFR 392.9.................  FMCSA........................  American Trucking     Recommends eliminating     This requirement was
                                                                               Associations.         the extra stops            discussed during public
                                                                                                     necessitated by the en     meetings concerning the
                                                                                                     route load securement      development of new cargo
                                                                                                     inspection requirements    securement standards.
                                                                                                     for certain hazmat and     The model regulations
                                                                                                     improving the definition   developed through this
                                                                                                     of ``impermissible cargo   public meeting process
                                                                                                     movement'' to avoid        included the cargo
                                                                                                     inconsistent enforcement.  securement inspection
                                                                                                                                provision--FMCSA and
                                                                                                                                Canadian Provinces have
                                                                                                                                implemented these model
                                                                                                                                regulations. (See 67 FR
                                                                                                                                61212, published
                                                                                                                                September 27, 2002.)
24............  14 CFR 61.23.................  FAA..........................  Aircraft Owners and   Recommends changing the    FAA notes that private
                                                                               Pilots Association.   requirement that pilots    pilots can fly in the
                                                                                                     hold a valid FAA medical   most complex airspace
                                                                                                     certificate when           and to many of the
                                                                                                     exercising the             nation's busiest
                                                                                                     privileges of a            airports. Therefore,
                                                                                                     Recreational Pilot         they should be held to
                                                                                                     certificate to accept a    the highest standard of
                                                                                                     valid driver's license.    fitness. FAA further
                                                                                                                                notes that, while some
                                                                                                                                medical conditions may
                                                                                                                                be grounds for
                                                                                                                                disqualification, most
                                                                                                                                states rely on voluntary
                                                                                                                                disclosure of
                                                                                                                                disqualifying conditions
                                                                                                                                and test only vision.
                                                                                                                                Therefore, it is not
                                                                                                                                appropriate to make this
                                                                                                                                revision.
25............  14 CFR Part 61...............  FAA..........................  Charles Garrison....  Recommends changing the    See response above
                                                                                                     requirement that all       (24).
                                                                                                     private pilots hold a
                                                                                                     valid FAA medical
                                                                                                     certificate to accept a
                                                                                                     valid driver's license.
26............  14 CFR Part 380..............  FAA..........................  Airline Dispatchers   Recommends eliminating     DOT believes that it is
                                                                               Federation.           the distinction between    important to maintain
                                                                                                     public charters and        the distinction between
                                                                                                     other operations for       economic/consumer
                                                                                                     purposes of safety.        protection regulations
                                                                                                                                for Public Charters, in
                                                                                                                                14 CFR Part 380, and the
                                                                                                                                safety regulations of 14
                                                                                                                                CFR Parts 121 and 135.
                                                                                                                                The latter parts apply
                                                                                                                                to direct air carriers,
                                                                                                                                with whom the charter
                                                                                                                                operators would
                                                                                                                                contract; they do not
                                                                                                                                apply to the charter
                                                                                                                                operators themselves or
                                                                                                                                to the public charter
                                                                                                                                product which they sell
                                                                                                                                to their customers.
27............  49 CFR Part 177..............  PHMSA........................  American Trucking     Recommends requiring       Current regulations only
                                                                               Associations.         edible food to be          prohibit transporting
                                                                                                     labeled as edible to       poisons and edible food
                                                                                                     facilitate compliance      in the same motor
                                                                                                     with prohibition on        vehicle if the food is
                                                                                                     transporting with          marked or known to be
                                                                                                     poisons.                   foodstuffs. PHMSA does
                                                                                                                                not have the authority
                                                                                                                                to require marking of
                                                                                                                                foodstuffs, but will
                                                                                                                                suggest to its contacts
                                                                                                                                in FDA that they may
                                                                                                                                want to address this
                                                                                                                                problem.
28............  49 CFR Part 177..............  PHMSA........................  American Trucking     Recommends defining        This term is not used in
                                                                               Associations.         ``impermissible            the regulations and,
                                                                                                     movement''.                therefore, need not be
                                                                                                                                defined. Moreover, PHMSA
                                                                                                                                believes that its more
                                                                                                                                general requirement is a
                                                                                                                                better standard for
                                                                                                                                compliance and
                                                                                                                                enforcement purposes.
29............  49 CFR Part 382..............  OST-OADPC FMCSA..............  American Trucking     Recommends allowing        The current regulation is
                                                                               Associations.         carriers to reduce their   a long-standing policy
                                                                                                     random testing rate if     decision based on
                                                                                                     they have a low            performance evidence. In
                                                                                                     violation rate rather      addition, it is too
                                                                                                     than basing it on the      difficult, time-
                                                                                                     industry-wide violation    consuming, and expensive
                                                                                                     rate.                      to enforce the
                                                                                                                                regulations on a carrier
                                                                                                                                by carrier basis.

[[Page 33794]]

 
30............  49 CFR Part 365..............  FMCSA........................  Owner-Operator        Proposes adopting          FMCSA does not see a
                                                                               Independent Drivers   stricter standards for     connection between the
                                                                               Association, Inc.     brokers and freight        requested action and the
                                                                                                     forwarders to include      actual problem--brokers
                                                                                                     lengthening the protest    not paying the motor
                                                                                                     and review period for      carrier for the
                                                                                                     broker applications.       transportation services
                                                                                                                                rendered.
31............  49 CFR 376.12................  FMCSA........................  Owner-Operator        Recommends redefining      FMCSA believes that the
                                                                               Independent Drivers   ``Party'' to a brokered    regulations adequately
                                                                               Association, Inc.     transaction.               address the owner-
                                                                                                                                operator's rights
                                                                                                                                because the owner-
                                                                                                                                operator must have a
                                                                                                                                written lease agreement
                                                                                                                                with the authorized
                                                                                                                                motor carrier and that
                                                                                                                                agreement must meet the
                                                                                                                                specified requirements,
                                                                                                                                which should be
                                                                                                                                negotiable.
32............  49 CFR Part 375..............  FMCSA........................  Owner-Operator        Recommends eliminating     FMCSA believes that this
                                                                               Independent Drivers   non-binding estimates      recommendation is
                                                                               Association, Inc.     for household goods        adequately addressed in
                                                                                                     moves.                     its recently issued
                                                                                                                                final rule for
                                                                                                                                Transportation of
                                                                                                                                Household Goods Consumer
                                                                                                                                Protection Regulations
                                                                                                                                (see 70 FR 39949) and in
                                                                                                                                household goods
                                                                                                                                provisions adopted as
                                                                                                                                part of SAFETEA-LU.
33............  49 CFR 368.6(d)..............  FMCSA........................  Owner-Operator        Recommends revising        FMCSA considered this
                                                                               Independent Drivers   regulation to allow        issue prior to
                                                                               Association, Inc.     public protests to         promulgating its final
                                                                                                     applications from Mexico-  rule regarding
                                                                                                     domiciled carriers for     applications for
                                                                                                     operating authority in     provisional Certificates
                                                                                                     the border areas.          of Registration (see 67
                                                                                                                                FR 12654).
34............  49 CFR 397.5.................  FMCSA........................  Owner-Operator        Requests a review and      FMCSA believes that the
                                                                               Independent Drivers   revision of the hours of   rules are not
                                                                               Association, Inc.     service and hazmat rules   incompatible and that
                                                                                                     to ensure compatibility.   there are various
                                                                                                                                operational ways for a
                                                                                                                                motor carrier to
                                                                                                                                approach this issue and
                                                                                                                                remain in compliance
                                                                                                                                with both sets of rules.
                                                                                                                                FMCSA has addressed this
                                                                                                                                comment in responding to
                                                                                                                                hours of service
                                                                                                                                petitions for
                                                                                                                                reconsideration.
35............  49 CFR Pars 40 and 382.......  FMCSA OST-OADPC..............  Owner-Operator        Suggests several           DOT does not see a need
                                                                               Independent Drivers   modifications to the       to readdress any of
                                                                               Association, Inc.     drug and alcohol testing   these points before this
                                                                                                     program.                   rule is scheduled for
                                                                                                                                its next periodic review
                                                                                                                                in 2007.
36............  49 CFR Part 571..............  NHTSA........................  Porsche.............  Suggests developing a      NHTSA provides flexible
                                                                                                     method of implementing     regulatory solutions for
                                                                                                     new safety requirements    long lead times to low
                                                                                                     that does not jeopardize   volume manufacturers,
                                                                                                     manufacturers of models    allowing them to load a
                                                                                                     with long production       higher percentage of
                                                                                                     cycles by lengthening      their compliance toward
                                                                                                     phase-in periods;          the end of the phase-in
                                                                                                     establishing a new         period than larger
                                                                                                     vehicle category; or       volume manufacturers. In
                                                                                                     establishing longer        addition, many of the
                                                                                                     combined lead-time and     lead times are lengthy,
                                                                                                     phase-in periods across    to accommodate minimal
                                                                                                     the board.                 impact or no impact to
                                                                                                                                mid-cycle redesigns for
                                                                                                                                manufacturers. Moreover,
                                                                                                                                the current regulations
                                                                                                                                provide provisions for
                                                                                                                                small manufacturers to
                                                                                                                                ask for specific
                                                                                                                                exemptions if they are
                                                                                                                                economically burdened by
                                                                                                                                a regulatory change.
37............  .............................  FTA..........................  American Public       Requests transparency in   FTA will embrace Section
                                                                               Transit Association.  non-rulemaking matters,    3032 of SAFETEA-LU which
                                                                                                     including notice and an    should allay these
                                                                                                     opportunity to comment     concerns. The Department
                                                                                                     on interpretations and     is putting this on the
                                                                                                     policy statements that     No Further Action
                                                                                                     affect transit             Warranted chart only
                                                                                                     authorities.               because it is not tied
                                                                                                                                to any specific
                                                                                                                                regulations.

[[Page 33795]]

 
38............  14 CFR 212.10................  OST..........................  United Air Lines....  Requests eliminating       These authorizations
                                                                                                     DOT's authorization of     serve a number of public
                                                                                                     block space arrangements.  interest concerns,
                                                                                                                                including assessing the
                                                                                                                                competitive
                                                                                                                                implications, security
                                                                                                                                risks, and safety of the
                                                                                                                                arrangements and,
                                                                                                                                therefore, no rulemaking
                                                                                                                                action is appropriate at
                                                                                                                                this time.
39............  14 CFR 212.10................  OST..........................  United Air Lines....  Requests eliminating       These reviews serve a
                                                                                                     DOT's authorization of     number of public
                                                                                                     code-sharing               interest concerns,
                                                                                                     arrangements.              including assessing the
                                                                                                                                competitive
                                                                                                                                implications, security
                                                                                                                                risks, and safety or the
                                                                                                                                arrangements and,
                                                                                                                                therefore, no rulemaking
                                                                                                                                action is appropriate at
                                                                                                                                this time.
40............  14 CFR 211.20................  OST..........................  United Air Lines....  Recommends eliminating     To the extent that U.S.
                                                                                                     the requirement that       carriers represent and
                                                                                                     U.S. carriers conduct      sell seats on foreign
                                                                                                     safety audits of their     air carriers as if they
                                                                                                     foreign code-share         were their own, it is
                                                                                                     partners.                  reasonable to ask them
                                                                                                                                to bear some
                                                                                                                                responsibility for
                                                                                                                                ensuring the safety of
                                                                                                                                those passengers.
41............  .............................  OST..........................  United Air Lines....  Requests DOT issue         The statute specifies
                                                                                                     regulations precisely      certain types of joint
                                                                                                     defining what              venture agreements that
                                                                                                     constitutes a ``joint      must be filed for review
                                                                                                     venture agreement'' for    and authorizes the
                                                                                                     purposes of triggering     Secretary to require
                                                                                                     statutory filing           certain additional types
                                                                                                     requirements.              of agreements be filed
                                                                                                                                for review. DOT believes
                                                                                                                                that the statute is
                                                                                                                                sufficiently clear and
                                                                                                                                that regulations would
                                                                                                                                add little additional
                                                                                                                                clarity.
42............  .............................  DOT..........................  United Air Lines....  Requests DOT exercise      DOT does not dispute the
                                                                                                     restraint in its reviews   need for appropriate
                                                                                                     of airline operational     restraint. However, this
                                                                                                     events.                    request does not require
                                                                                                                                rulemaking.
43............  49 CFR Part 177..............  PHMSA........................  American Trucking     Recommends developing a    Immediate notification is
                                                                               Associations.         National Response Center   essential and PHMSA does
                                                                                                     or web-based database      not consider its ``as
                                                                                                     that carriers can tap      soon as practicable, but
                                                                                                     into to find out which     no more than 12 hours
                                                                                                     regulations apply          after an incident
                                                                                                     because immediate notice   occurs'' to be unduly
                                                                                                     of a hazmat spill is       burdensome. PHMSA also
                                                                                                     unduly burdensome.         believes that the cost
                                                                                                                                of creating and
                                                                                                                                maintaining a Federal
                                                                                                                                database that would
                                                                                                                                include all state and
                                                                                                                                local reporting
                                                                                                                                requirements would be
                                                                                                                                prohibitive.
44............  49 CFR Parts 171-180.........  PHMSA........................  United Air Lines....  Recommends requiring each  PHMSA currently requires
                                                                                                     hazmat shipper provide     training for all
                                                                                                     general awareness          employees who, during
                                                                                                     training to all of its     the course of their
                                                                                                     employees.                 employment, affect the
                                                                                                                                safe transportation of
                                                                                                                                hazardous materials and
                                                                                                                                estimates the
                                                                                                                                requirement covers
                                                                                                                                approximately 1.4
                                                                                                                                million individuals.
                                                                                                                                PHMSA believes the
                                                                                                                                regulations already
                                                                                                                                cover the employee
                                                                                                                                population in question.
                                                                                                                                A significant increase
                                                                                                                                in the number of
                                                                                                                                employees subject to
                                                                                                                                training would be cost
                                                                                                                                prohibitive without a
                                                                                                                                measurable safety
                                                                                                                                impact. PHMSA and other
                                                                                                                                DOT modes will continue
                                                                                                                                to bring enforcement
                                                                                                                                actions against shippers
                                                                                                                                of undeclared hazmat.

[[Page 33796]]

 
45............  49 CFR Parts 171-180.........  PHMSA........................  United Air Lines....  Recommends requiring       PHMSA believes consignees
                                                                                                     carriers of hazmat         receive more than
                                                                                                     packages to leave a copy   sufficient information
                                                                                                     of the shipping papers,    and the cost to impose
                                                                                                     including full hazmat      such an additional
                                                                                                     description, with the      requirement would not be
                                                                                                     consignee in order to      offset by any tangible
                                                                                                     avoid reshipping of        benefit to safety.
                                                                                                     unpackaged hazmat
                                                                                                     cartons.
46............  49 CFR Parts 171-180.........  PHMSA........................  United Air Lines....  Recommends reaching out    PHMSA agrees that HMR
                                                                                                     to small businesses to     compliance should be the
                                                                                                     inform them of hazmat      subject of an extensive
                                                                                                     regulations.               outreach campaign,
                                                                                                                                specifically to small
                                                                                                                                businesses. Although
                                                                                                                                PHMSA currently has an
                                                                                                                                extensive outreach
                                                                                                                                program for small
                                                                                                                                businesses, the agency
                                                                                                                                is open to suggestions
                                                                                                                                for improving its
                                                                                                                                program.
47............  49 CFR Parts 171-180.........  PHMSA........................  United Air Lines....  Recommends urging OSHA to  PHMSA does not have the
                                                                                                     require complete hazmat    authority to change the
                                                                                                     descriptions as part of    information on the MSDS,
                                                                                                     all MSDSs.                 but will suggest to its
                                                                                                                                contacts at OSHA that
                                                                                                                                they might want to
                                                                                                                                address this problem.
48............  49 CFR Parts 171-180.........  PHMSA........................  United Air Lines....  Recommends revitalizing    PHMSA and the Department
                                                                                                     DOT's work with the        are both very active in
                                                                                                     United Nations and the     working with the
                                                                                                     international community    international community
                                                                                                     to harmonize hazmat        to ensure consistency in
                                                                                                     shipping requirements.     its regulations and
                                                                                                                                international standards.
                                                                                                                                PHMSA currently
                                                                                                                                represents the U.S. on
                                                                                                                                various international
                                                                                                                                and UN technical
                                                                                                                                committees. Because of
                                                                                                                                difference of opinion in
                                                                                                                                terms of safety issues,
                                                                                                                                cost impacts, and issues
                                                                                                                                related to compliance
                                                                                                                                with the Administrative
                                                                                                                                Procedure Act, there are
                                                                                                                                instances where DOT
                                                                                                                                regulations will vary
                                                                                                                                from the international
                                                                                                                                standards. Regardless,
                                                                                                                                the Department will
                                                                                                                                continue to seek ways in
                                                                                                                                which to further
                                                                                                                                harmonize global
                                                                                                                                standards and would be
                                                                                                                                receptive to further
                                                                                                                                discussions.
49............  14 CFR Part 119.53...........  FAA..........................  National Air Carrier  Suggests (1) allowing      These regulations were
                                                                               Association.          operations under a wet     implemented to codify
                                                                                                     lease to continue while    FAA policy. The review
                                                                                                     FAA reviews the lease      of lease arrangements
                                                                                                     and (2) eliminating        prior to operations is
                                                                                                     subsection (f) because     necessary to confirm
                                                                                                     the special authority is   that each party to the
                                                                                                     unnecessary where the      wet lease holds the
                                                                                                     appropriate air carrier    necessary operating and
                                                                                                     already has charter        economic authority. For
                                                                                                     authority for the route.   this reason, FAA does
                                                                                                                                not intend to take
                                                                                                                                further action.

[[Page 33797]]

 
50............  14 CFR Part 121..............  FAA..........................  National Air Carrier  Suggests rescinding the    In 1994, the FAA revised
                                                                               Association.          recent change to Part      its ``prior to hire''
                                                                              Regional Airline       121 prohibiting an         requirement and
                                                                               Association.          employer form hiring an    implemented a prior to
                                                                                                     employee to conduct        performing safety-
                                                                                                     safety-sensitive           sensitive functions.
                                                                                                     functions unless the       This was amended in 2004
                                                                                                     employer first conducts    to return to the
                                                                                                     pre-employment drug        original ``prior to
                                                                                                     testing and receives a     hire'' standard because
                                                                                                     negative result.           communications with
                                                                                                                                industry and enforcement
                                                                                                                                cases revealed that some
                                                                                                                                employers misunderstood
                                                                                                                                the requirement and
                                                                                                                                employees who were
                                                                                                                                performing safety-
                                                                                                                                sensitive functions
                                                                                                                                would subsequently test
                                                                                                                                positive for illegal
                                                                                                                                drug use. In addition,
                                                                                                                                FAA considered the
                                                                                                                                reasons behind this
                                                                                                                                suggestion as part of
                                                                                                                                the public comment
                                                                                                                                process prior to
                                                                                                                                publishing its final
                                                                                                                                rule in January 2004.
                                                                                                                                For this reason, FAA
                                                                                                                                does not intend to take
                                                                                                                                further action.
51............  .............................  PHMSA........................  Association of        Recommends that agencies   Agencies have the legal
                                                                               Hazmat Shippers.      do not issue regulations   authority to issue rules
                                                                                                     that go into effect        without notice and
                                                                                                     prior to allowing public   comment and must
                                                                                                     comment.                   occasionally use that
                                                                                                                                authority to respond to
                                                                                                                                emergencies and other
                                                                                                                                situations that meet the
                                                                                                                                statutory standard.
52............  49 CFR Part 582..............  NHTSA........................  National Automobile   Recommends pursuing the    NHTSA recognizes that
                                                                               Dealers Association.  elimination of statutory   these data only have
                                                                                                     requirements regarding     limited usefulness to
                                                                                                     mandatory distribution     consumers, given that
                                                                                                     of insurance cost          most insurance
                                                                                                     information booklets to    information is driver-
                                                                                                     dealerships.               specific, not vehicle-
                                                                                                                                specific. However, it
                                                                                                                                fulfills a statutory
                                                                                                                                mandate.
53............  49 CFR Part 583..............  NHTSA........................  National Automobile   Recommends pursuing the    NHTSA has indicated on
                                                                               Dealers Association.  elimination of statutory   several occasions that,
                                                                                                     requirements regarding     while a number of
                                                                                                     parts content labeling.    parties continue to have
                                                                                                                                objections to the
                                                                                                                                current labeling
                                                                                                                                program, the objections
                                                                                                                                are with the underlying
                                                                                                                                statute. Any significant
                                                                                                                                changes need to come
                                                                                                                                from Congress.
54............  49 CFR Part 595..............  NHTSA........................  National Automobile   Recommends improving       Significant outreach
                                                                               Dealers Association.  outreach regarding         efforts have and will
                                                                                                     alteration and             continue to be expended.
                                                                                                     modification activities    NHTSA reaches out to and
                                                                                                     to aid small business      travels to industry
                                                                                                     compliance and enhance     organizations to update
                                                                                                     transportation safety.     them on regulatory
                                                                                                                                requirements of
                                                                                                                                relevance to their
                                                                                                                                members and encourages
                                                                                                                                them to share that
                                                                                                                                information. NHTSA
                                                                                                                                continues to be open to
                                                                                                                                considering specific
                                                                                                                                recommendations to
                                                                                                                                improve its outreach.
55............  .............................  OST..........................  Regional Aviation     Recommends immediately     While section 402 allows
                                                                               Partners.             implementing section 402   the Department to
                                                                                                     (fuel subsidies) of        increase fuel
                                                                                                     Vision 100.                compensation rates
                                                                                                                                without regard to
                                                                                                                                negotiated contracts in
                                                                                                                                the event that air
                                                                                                                                carriers experience
                                                                                                                                significant increased
                                                                                                                                costs, it is
                                                                                                                                impracticable for the
                                                                                                                                Department to do so
                                                                                                                                given the limited
                                                                                                                                funding for the program.

[[Page 33798]]

 
56............  .............................  OST..........................  Regional Aviation     Recommends giving greater  The program already
                                                                               Partners.             weight and consideration   affords significant
                                                                                                     to community preferences   weight to community
                                                                                                     in awarding Essential      views. However, this is
                                                                                                     Air Service (EAS)          only one of the factors
                                                                                                     contracts.                 considered, and the
                                                                                                                                Department continues to
                                                                                                                                need flexibility to
                                                                                                                                consider all factors.
57............  .............................  FTA..........................  New York MTA........  Suggests several           Some of the issues raised
                                                                                                     technical changes to FTA   are controlled by
                                                                                                     program requirements,      statute and cannot be
                                                                                                     including reporting        addressed. The remaining
                                                                                                     requirements for the       data issues address data
                                                                                                     national transit           necessary for FTA to
                                                                                                     database.                  assure that it is
                                                                                                                                exercising its authority
                                                                                                                                properly.
58............  .............................  FTA..........................  New York MTA........  Suggests several           These issues were highly
                                                                                                     technical changes to FTA   negotiated by EPA and
                                                                                                     program requirements,      DOT prior to adopting
                                                                                                     including Clean Air Act    the program
                                                                                                     regulations pertaining     requirements. FTA does
                                                                                                     to transportation          not agree that these
                                                                                                     projects.                  issues need to be
                                                                                                                                readdressed at this
                                                                                                                                time.
59............  .............................  FTA..........................  New York MTA........  Suggests several           Eligibility for CMAQ
                                                                                                     technical changes to FTA   funds is limited to
                                                                                                     program requirements,      programs and projects
                                                                                                     including amending the     that help the
                                                                                                     Congestion Mitigation      nonattainment area
                                                                                                     and Air Quality (CMAQ)     attain the national
                                                                                                     program.                   ambient air quality
                                                                                                                                standards. Because of
                                                                                                                                the basic statutory
                                                                                                                                objective of this
                                                                                                                                program, there is no
                                                                                                                                leeway to extend
                                                                                                                                eligibility to routine
                                                                                                                                maintenance and
                                                                                                                                rehabilitation.
60............  26 CFR 1.132-9...............  FTA..........................  New York MTA........  Suggests several           This is an IRS regulation
                                                                                                     technical changes to FTA   that FTA cannot amend.
                                                                                                     program requirements,
                                                                                                     including increasing
                                                                                                     transit subsidies and
                                                                                                     extending them to
                                                                                                     include parking.
61............  23 CFR 658.5.................  FHWA.........................  National Association  Suggests modifying the     The provisions governing
                                                                               of Home Builders.     truck height and width     this issue are
                                                                                                     regulation to              Congressionally defined.
                                                                                                     accommodate                Therefore, FHWA does not
                                                                                                     transportation of          have the authority to
                                                                                                     modular housing on the     make this change.
                                                                                                     National Network.
62............  .............................  FHWA, FTA....................  California Federal    Recommends improving       The Fiscal Management
                                                                               Programming Group.    coordination among DOT     Information System
                                                                                                     databases and making       (FMIS) is FHWA's primary
                                                                                                     them more user-friendly.   information system for
                                                                                                                                tracking individual
                                                                                                                                Federal-aid highway
                                                                                                                                projects. Since the data
                                                                                                                                in the system is highway
                                                                                                                                specific, there is no
                                                                                                                                purpose in coordinating
                                                                                                                                the FMIS with other non-
                                                                                                                                highway DOT databases.
                                                                                                                                FHWA believes that FMIS
                                                                                                                                is reasonably user-
                                                                                                                                friendly and provides
                                                                                                                                training and assistance
                                                                                                                                to users.
63............  49 CFR Part 398..............  FMCSA........................  Owner-Operator        Recommends eliminating     A comprehensive review of
                                                                               Independent Drivers   unique rules for migrant   this part occurred in
                                                                               Association, Inc.     workers.                   the early 1990s and the
                                                                                                                                decision was made not to
                                                                                                                                remove the migrant
                                                                                                                                workers rules.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 33799]]

(Authority: 5 U.S.C. 610; E.O. 12866, 58 FR 51735, Oct. 4, 1993)

    Issued this 14th day of April, 2006, at Washington, DC.
Norman Y. Mineta,
Secretary of Transportation.
[FR Doc. 06-5240 Filed 6-9-06; 8:45 am]
BILLING CODE 4910-9X-P