[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Rules and Regulations]
[Pages 64469-64492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28604]
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Part XI
Department of Transportation
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Semiannual Regulatory Agenda
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DEPARTMENT OF TRANSPORTATION (DOT)
_______________________________________________________________________
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Chs. I-III
23 CFR Chs. I-III
33 CFR Chs. I and IV
46 CFR Chs. I-III
48 CFR Ch. 12
49 CFR Subtitle A, Chs. I-VI and Chs. X-XII
OST Docket 99-5129
Department Regulatory Agenda; Semiannual Summary
AGENCY: Office of the Secretary, DOT.
ACTION: Semiannual regulatory agenda.
_______________________________________________________________________
SUMMARY: The regulatory agenda is a semiannual summary of all current
and projected rulemakings, reviews of existing regulations, and
completed actions of the Department. The agenda provides the public
with information about the Department of Transportation's regulatory
activity. It is expected that this information will enable the public
to be more aware of and allow it to more effectively participate in the
Department's regulatory activity. The public is also invited to submit
comments on any aspect of this agenda.
FOR FURTHER INFORMATION CONTACT:
General
You should direct all comments and inquiries on the agenda in
general to Neil R. Eisner, Assistant General Counsel for Regulation
and Enforcement, Department of Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590, (202) 366-4723.
Specific
You should direct all comments and inquiries on particular
items in the agenda to the individual listed for the regulation or
the general rulemaking contact person for the operating
administration in Appendix B. Individuals who use a
telecommunications device for the deaf (TDD) may call (202) 755-
7687.
Table of Contents
Supplementary Information:
Background
Significant/Priority Rulemakings
Explanation of Information on the Agenda
Request for Comments
Purpose
Appendix A-Instructions for Obtaining Copies of Regulatory Documents
Appendix B-General Rulemaking Contact Persons
Appendix C-Public Rulemaking Dockets
Appendix D-Review Plans for Section 610 and Other Requirements Agenda
SUPPLEMENTARY INFORMATION:
Background
Improvement of our regulations is a prime goal of the
Department of Transportation (Department or DOT). There should be
no more regulations than necessary, and those that are issued
should be simpler, more comprehensible, and less burdensome.
Regulations should not be issued without appropriate involvement of
the public; once issued, they should be periodically reviewed and
revised, as needed, to assure that they continue to meet the needs
for which they originally were designed. To view additional
information about the Department of Transportation's regulatory
activities online, go to http://regs.dot.gov.
To help the Department achieve these goals and in accordance
with Executive Order 12866 ``Regulatory Planning and Review'' (58
FR 51735; October 4, 1993) and the Department's Regulatory Policies
and Procedures (44 FR 11034; February 26, 1979), the Department
prepares a semiannual regulatory agenda. It summarizes all current
and projected rulemaking, reviews of existing regulations, and
completed actions of the Department. These are matters on which
action has begun or is projected during the succeeding 12 months or
such longer period as may be anticipated or for which action has
been completed since the last agenda.
The agendas are based on reports submitted by the offices
initiating the rulemaking and are reviewed by the Department
Regulations Council. The Department's last agenda was published in
the Federal Register on May 11, 2009 (74 FR 21970). The next one is
scheduled for publication in the Federal Register in May 2010.
The Internet is the basic means for disseminating the Unified
Agenda. The complete Unified Agenda is available online at
www.reginfo.gov, in a format that offers users a greatly enhanced
ability to obtain information from the Agenda database.
Because publication in the Federal Register is mandated for the
regulatory flexibility agendas required by the Regulatory
Flexibility Act (5 U.S.C. 602), DOT's printed agenda entries
include only:
1. The Agency's agenda preamble;
2. Rules that are in the Agency's regulatory flexibility agenda, in
accordance with the Regulatory Flexibility Act, because they are likely
to have a significant economic impact on a substantial number of small
entities; and
3. Any rules that the Agency has identified for periodic review under
section 610 of the Regulatory Flexibility Act.
Printing of these entries is limited to fields that contain
information required by the Regulatory Flexibility Act's Agenda
requirements. These elements are: Sequence Number; Title; Section
610 Review, if applicable; Legal Authority; Abstract; Timetable;
Regulatory Flexibility Analysis Required; Agency Contact; and
Regulation Identifier Number (RIN). Additional information (for
detailed list see section heading ``Explanation of Information on
the Agenda'') on these entries is available in the Unified Agenda
published on the Internet.
Significant/Priority Rulemakings
The agenda covers all rules and regulations of the Department.
We have classified rules as a DOT agency priority in the agenda if
they are, essentially, very costly, controversial, or of
substantial public interest under our Regulatory Policies and
Procedures. All DOT agency priority rulemaking documents are
subject to review by the Secretary of Transportation. If the Office
of Management and Budget (OMB) decides a rule is subject to its
review under Executive Order 12866, we have classified it as
significant in the agenda.
Explanation of Information on the Agenda
The format for this agenda is required by a fall 2009
memorandum from the Office of Management and Budget.
First, the agenda is divided by initiating offices. Then, the
agenda is divided into five categories: (1) Prerule stage, (2)
proposed rule stage, (3) final rule stage, (4) long-term actions,
and (5)
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completed actions. For each entry, the agenda provides the
following information: (1) Its ``significance''; (2) a short
descriptive title; (3) its legal basis; (4) the related regulatory
citation in the Code of Federal Regulations; (5) any legal deadline
and, if so, for what action (e.g., NPRM, final rule); (6) an
abstract; (7) a timetable, including the earliest expected date for
a decision on whether to take the action; (8) whether the
rulemaking will affect small entities and/or levels of government
and, if so, which categories; (9) whether a Regulatory Flexibility
Act (RFA) analysis is required (for rules that would have a
significant economic impact on a substantial number of small
entities); (10) a listing of any analyses an office will prepare or
has prepared for the action (With minor exceptions, DOT requires an
economic analysis for all its rulemakings.); (11) an agency contact
office or official who can provide further information; (12) a
Regulation Identifier Number (RIN) assigned to identify an
individual rulemaking in the agenda and facilitate tracing further
action on the issue; (13) whether the action is subject to the
Unfunded Mandates Reform Act; (14) whether the action is subject to
the Energy Act; and (15) whether the action is major under the
congressional review provisions of the Small Business Regulatory
Enforcement Fairness Act. If there is information that does not fit
in the other categories, it will be included under a separate
heading entitled ``Additional Information.''
For nonsignificant regulations issued routinely and frequently
as a part of an established body of technical requirements (such as
the Federal Aviation Administration's Airspace Rules), to keep
those requirements operationally current, we only include the
general category of the regulations, the identity of a contact
office or official, and an indication of the expected number of
regulations; we do not list individual regulations.
In the ``Timetable'' column, we use abbreviations to indicate
the particular documents being considered. ANPRM stands for Advance
Notice of Proposed Rulemaking, SNPRM for Supplemental Notice of
Proposed Rulemaking, and NPRM for Notice of Proposed Rulemaking.
Listing a future date in this column does not mean we have made a
decision to issue a document; it is the earliest date on which we
expect to make a decision on whether to issue it. In addition,
these dates are based on current schedules. Information received
subsequent to the issuance of this agenda could result in a
decision not to take regulatory action or in changes to proposed
publication dates. For example, the need for further evaluation
could result in a later publication date; evidence of a greater
need for the regulation could result in an earlier publication
date.
Finally, a dot () preceding an entry indicates that the
entry appears in the agenda for the first time.
Request for Comments
General
Our agenda is intended primarily for the use of the public.
Since its inception, we have made modifications and refinements
that we believe provide the public with more helpful information,
as well as make the agenda easier to use. We would like you, the
public, to make suggestions or comments on how the agenda could be
further improved.
Reviews
We also seek your suggestions on which of our existing
regulations you believe need to be reviewed to determine whether
they should be revised or revoked. We particularly draw your
attention to the Department's review plan in Appendix D.
Regulatory Flexibility Act
The Department is especially interested in obtaining
information on requirements that have a ``significant economic
impact on a substantial number of small entities'' and, therefore,
must be reviewed under the Regulatory Flexibility Act. If you have
any suggested regulations, please submit them to us, along with
your explanation of why they should be reviewed.
In accordance with the Regulatory Flexibility Act, comments are
specifically invited on regulations that we have targeted for
review under section 610 of the Act. The phrase (Section 610
Review) appears at the end of the title for these reviews. Please
see Appendix D for the Department's section 610 review plans.
Federalism
Executive Order 13132 requires us to develop an accountable
process to ensure ``meaningful and timely input by State and local
officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' are defined in the Executive order to include
regulations that have substantial direct effects on the States, on
the relationship between the National Government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Therefore, we encourage State and local
governments to provide us with information about how the
Department's rulemakings impact them.
Purpose
The Department is publishing this regulatory agenda in the
Federal Register to share with interested members of the public the
Department's preliminary expectations regarding its future
regulatory actions. This should enable the public to be more aware
of the Department's regulatory activity and should result in more
effective public participation. This publication in the Federal
Register does not impose any binding obligation on the Department
or any of the offices within the Department with regard to any
specific item on the agenda. Regulatory action, in addition to the
items listed, is not precluded.
Dated: October 19, 2009.
Ray LaHood,
Secretary of Transportation.
Appendix A--Instructions for Obtaining Copies of Regulatory Documents
To obtain a copy of a specific regulatory document in the
agenda, you should communicate directly with the contact person
listed with the regulation at the address below. We note that most
if not all such documents, including the semiannual agenda, are
available through the Internet at http://www.regulations.gov. See
Appendix C for more information.
Federal Highway Administration (FHWA)
Jennifer Outhouse, Federal Highway Administration, 1200 New
Jersey Avenue SE., Washington, DC 20590.
Federal Motor Carrier Safety Administration (FMCSA)
LaKisha Pearson, Federal Motor Carrier Safety Administration,
1200 New Jersey Avenue SE., Washington, DC 20590.
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Federal Railroad Administration (FRA)
Michelle Silva, Docket Clerk, Federal Railroad Administration,
1200 New Jersey Avenue SE., Room W31-109, Washington, DC 20590;
telephone (202) 493-6030.
National Highway Traffic Safety Administration (NHTSA)
(Name of contact person), National Highway Traffic Safety
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590.
Federal Transit Administration (FTA)
(Name of contact person), Federal Transit Administration, 1200
New Jersey Avenue SE., Washington, DC 20590.
Saint Lawrence Seaway Development Corporation (SLSDC)
(Name of contact person), Saint Lawrence Seaway Development
Corporation, 1200 New Jersey Avenue SE., Washington, DC 20590.
Pipeline and Hazardous Materials Safety Administration (PHMSA)
(Name of contact person), Pipeline and Hazardous Materials
Safety Administration (PHMSA), 1200 New Jersey Avenue SE.,
Washington, DC 20590.
Maritime Administration (MARAD)
Kimberly Lewis, Maritime Administration, 1200 New Jersey Avenue
SE., Washington, DC 20590, (202) 366-5158.
The Research and Innovative Technology Administration (RITA)
(Name of contact person), The Research and Innovative
Technology Administration (RITA),1200 New Jersey Avenue SE.,
Washington, DC 20590.
Federal Aviation Administration (FAA)
To obtain a copy of a specific Federal Aviation Administration
(FAA) regulatory document in the agenda, you should communicate
directly with the contact person listed with the regulation at the
address or telephone number listed; access the FAA's Regulations
and Policies web page at http://www.faa.gov/regulations--policies/;
call (202) 267-9680; or write to us at Federal Aviation
Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591.
Office of the Secretary (OST)
To obtain a copy of a specific regulatory document or to
receive future copies of the Department's regulatory agenda write
to: Assistant General Counsel for Regulation and Enforcement, C-50,
Office of the General Counsel, Department of Transportation, 1200
New Jersey Avenue SE., Washington, DC 20590, (202) 366-4723.
Appendix B--General Rulemaking Contact Persons
The following is a list of persons who can be contacted within
the Department for general information concerning the rulemaking
process within the various operating administrations.
FAA - Rebecca MacPherson, Office of Chief Counsel, Regulations
and Enforcement Division, 800 Independence Avenue SW., Room 915A,
Washington, DC 20591; telephone (202) 267-3073.
FHWA - Jennifer Outhouse, Office of Chief Counsel, 1200 New
Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-0761.
FMCSA - Steven J. LaFreniere, Regulatory Ombudsman, 1200 New
Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-0596.
NHTSA - Steve Wood, Office of Chief Counsel, 1200 New Jersey
Avenue SE., Washington, DC 20590; telephone (202) 366-2992.
FRA - Kathryn Shelton, Office of Chief Counsel, 1200 New Jersey
Avenue SE., Room W31-214, Washington, DC 20590; telephone (202)
493-6063.
FTA - Linda Lasley, Office of Chief Counsel, 1200 New Jersey
Avenue SE., Room E56-202, Washington, DC 20590; telephone (202)
366-4063.
SLSDC - Carrie Mann Lavigne, Chief Counsel, 1200 New Jersey
Avenue SE., Washington, DC 20590; telephone (202) 366-0091.
PHMSA - Patricia Burke, Office of Chief Counsel, 1200 New
Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-4400.
MARAD - Christine Gurland, Office of Chief Counsel, Maritime
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone (202) 366-5157.
RITA - Robert Monniere, Office of Chief Counsel, 1200 New
Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-5498.
OST - Neil Eisner, Office of Regulation and Enforcement, 1200
New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-
4723.
Appendix C--Public Rulemaking Dockets
All comments via the Internet are submitted through the Federal
Docket Management System (FDMS) at the following address: http://
www.regulations.gov. The FDMS allows the public to search, view,
download, and comment on all Federal agency rulemaking documents in
one central online system. The above referenced Internet address
also allows the public to sign up to receive notification when
certain documents are placed in the dockets.
The public also may review regulatory dockets at, or deliver
comments on proposed rulemakings to, the Dockets Office at 1200 New
Jersey Avenue SE., Room W12-140, Washington, DC 20590, 1-800-647-
5527. Working Hours: 9-5.
Appendix D--Review Plans for Section 610 and Other Requirements
Part I - The Plan
General
The Department of Transportation has long recognized the
importance of regularly reviewing its existing regulations to
determine whether they need to be revised or revoked. Our 1979
Regulatory Policies and Procedures require such reviews. We also
have responsibilities under Executive Order 12866 ``Regulatory
Planning and Review'' and section 610 of the Regulatory Flexibility
Act to conduct such reviews. This includes the use of plain
language techniques in new rules and considering its use in
existing rules when we have the opportunity and resources permit
its use. We are committed to continuing our reviews of existing
rules and, if needed, will initiate rulemaking actions based on
these reviews.
Section 610 Review Plan
Section 610 requires that we conduct reviews of rules that (1)
have been published within the last 10 years and (2) have a
``significant economic impact on a substantial number of small
entities'' (SEIOSNOSE). It also requires that we publish in the
Federal Register each year a list of any such rules that we will
review during the next year. The Office of the Secretary and each
of the Department's Operating Administrations have a 10-year review
plan. These reviews comply with
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section 610 of the Regulatory Flexibility Act.
Other Review Plan(s)
All elements of the Department, except for the Federal Aviation
Administration (FAA), have also elected to use this 10-year plan
process to comply with the review requirements of the Department's
Regulatory Policies and Procedures and Executive Order 12866.
Changes to the Review Plan
Some reviews may be conducted earlier than scheduled. For
example, to the extent resources permit, the plain language reviews
will be conducted more quickly. Other events, such as accidents,
may result in the need to conduct earlier reviews of some rules.
Other factors may also result in the need to make changes; for
example, we may make changes in response to public comment on this
plan or in response to a Presidentially mandated review. If there
is any change to the review plan, we will note the change in the
following agenda. For any section 610 review, we will provide the
required notice prior to the review.
Part II - The Review Process
The Analysis
Generally, the agencies have divided their rules into 10
different groups and plan to analyze one group each year. For
purposes of these reviews, a year will coincide with the fall-to-
fall schedule for publication of the agenda. Thus, Year 1 (2008)
begins in the fall of 2008 and ends in the fall of 2009; Year 2
(2009) begins in the fall of 2009 and ends in the fall of 2010; and
so on. We request public comment on the timing of the reviews. For
example, is there a reason for scheduling an analysis and review
for a particular rule earlier than we have? Any comments concerning
the plan or particular analyses should be submitted to the
regulatory contacts listed in Appendix B, General Rulemaking
Contact Persons.
Section 610 Review
The Agency will analyze each of the rules in a given year's
group to determine whether any rule has a SEIOSNOSE and, thus,
requires review in accordance with section 610 of the Regulatory
Flexibility Act. The level of analysis will, of course, depend on
the nature of the rule and its applicability. Publication of
agencies' section 610 analyses listed each fall in this agenda
provides the public with notice and an opportunity to comment
consistent with the requirements of the Regulatory Flexibility Act.
We request that public comments be submitted to us early in the
analysis year concerning the small entity impact of the rules to
help us in making our determinations.
In each fall agenda, the Agency will publish the results of the
analyses it has completed during the previous year. For rules that
had a negative finding on SEIOSNOSE, we will give a short
explanation (e.g., ``these rules only establish petition processes
that have no cost impact'' or ``these rules do not apply to any
small entities''). For parts, subparts, or other discrete sections
of rules that do have a SEIOSNOSE, we will announce that we will be
conducting a formal section 610 review during the following 12
months. At this stage, we will add an entry to the Agenda in the
prerulemaking section describing the review in more detail. We also
will seek public comment on how best to lessen the impact of these
rules and provide a name or docket to which public comments can be
submitted. In some cases, the section 610 review may be part of
another unrelated review of the rule. In such a case, we plan to
clearly indicate which parts of the review are being conducted
under section 610.
Other Reviews
The Agency will also examine the specified rules to determine
whether any other reasons exist for revising or revoking the rule
or for rewriting the rule in plain language. In each fall agenda,
the Agency will also publish information on the results of the
examinations completed during the previous year.
The FAA, in addition to reviewing its rules in accordance with
the Section 610 Review Plan, has established a tri-annual process
to comply with the review requirements of the Department's
Regulatory Policies and Procedures, Executive Order 12866, and
Plain Language Review Plan. The FAA's latest review notice was
published November 15, 2007 (72 FR 64170). In that notice, the FAA
requested comments from the public to identify those regulations
currently in effect that it should amend, remove, or simplify. The
FAA also requested the public provide any specific suggestions
where rules could be developed as performance-based rather than
prescriptive, and any specific plain-language that might be used,
and provide suggested language on how those rules should be
written. The FAA will review the issues addressed by the commenters
against its regulatory agenda and rulemaking program efforts and
adjust its regulatory priorities consistent with its statutory
responsibilities. At the end of this process, the FAA will publish
a summary and general disposition of comments and indicate, where
appropriate, how it will adjust its regulatory priorities.
Part III - List of Pending Section 610 Reviews
The Agenda identifies the pending DOT Section 610 Reviews by
inserting (Section 610 Review) after the title for the specific
entry. For further information on the pending reviews, see the
agenda entries at www.reginfo.gov. For example, to obtain a list of
all entries that are Section 610 Reviews under the Regulatory
Flexibility Act, a user would select the desired responses on the
search screen (by selecting advanced search) and, in effect,
generate the desired ``index'' of reviews.
OFFICE OF THE SECRETARY
SECTION 610 AND OTHER REVIEWS
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Analysis
Year Regulations To Be Reviewed Year Review Year
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1 49 CFR parts 91 through 99 and 14 CFR parts 200 through 212............. 2008 2009
2 48 CFR parts 1201 through 1253, and new parts and subparts.............. 2009 2010
3 14 CFR parts 213 through 232............................................ 2010 2011
4 14 CFR parts 234 through 254............................................ 2011 2012
5 14 CFR parts 255 through 298 and 49 CFR part 40......................... 2012 2013
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6 14 CFR parts 300 through 373............................................ 2013 2014
7 14 CFR parts 374 through 398............................................ 2014 2015
8 14 CFR part 399 and 49 CFR parts 1 through 11........................... 2015 2016
9 49 CFR parts 17 through 28.............................................. 2016 2017
10 49 CFR parts 29 through 39 and parts 41 through 89...................... 2017 2018
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Year 1 (fall 2008) List of rules with ongoing analysis
49 CFR part 91 - International Air Transportation Fair Competitive
Practices
49 CFR part 92 - Recovering Debts to the United States by Salary Offset
49 CFR part 93 - Aircraft Allocation
49 CFR part 95 - Advisory Committees
49 CFR part 98 - Enforcement of Restrictions on Post-Employment
Activities
49 CFR part 99 - Employee Responsibilities and Conduct
14 CFR part 200 - Definitions and Instructions
14 CFR part 201 - Air carrier authority under subtitle VII of title 49
of The United States Code [Amended]
14 CFR part 203 - Waiver of Warsaw Convention liability limits and
defenses
14 CFR part 204 - Data to support fitness determinations
14 CFR part 205 - Aircraft accident liability insurance
14 CFR part 206 - Certificates of public convenience and necessity:
Special authorizations and exemptions
14 CFR part 207 - Charter trips by U.S. scheduled air carriers
14 CFR part 208 - Charter trips by U.S. charter air carriers
14 CFR part 211 - Applications for permits to foreign air carriers
14 CFR part 212 - Charter rules for U.S. and foreign direct air
carriers
Year 2 (fall 2009) List of rules that will be analyzed during the next
year
48 CFR part 1201 - Federal acquisition regulations system
48 CFR part 1202 - Definitions of words and terms
48 CFR part 1203 - Improper business practices and personal conflicts
of interest
48 CFR part 1204 - Administrative matters
48 CFR part 1205 - Publicizing contract actions
48 CFR part 1206 - Competition requirements
48 CFR part 1207 - Acquisition planning
48 CFR part 1211 - Describing agency needs
48 CFR part 1213 - Simplified acquisition procedures
48 CFR part 1214 - Sealed bidding
48 CFR part 1215 - Contracting by negotiation
48 CFR part 1216 - Types of contracts
48 CFR part 1217 - Special contracting methods
48 CFR part 1219 - Small business programs
48 CFR part 1222 - Application of labor laws to government acquisitions
48 CFR part 1223 - Environment, energy and water efficiency, renewable
energy technologies, occupational safety, and drug-free workplace
48 CFR part 1224 - Protection of privacy and freedom of information
48 CFR part 1227 - Patents, data, and copyrights
48 CFR part 1228 - Bonds and insurance
48 CFR part 1231 - Contract cost principles and procedures
48 CFR part 1232 - Contract financing
48 CFR part 1233 - Protests, disputes, and appeals
48 CFR part 1234 - [Reserved]
48 CFR part 1235 - Research and development contracting
48 CFR part 1236 - Construction and architect-engineer contracts
48 CFR part 1237 - Service contracting
48 CFR part 1239 - Acquisition of information technology
48 CFR part 1242 - Contract administration and audit services
48 CFR part 1245 - Government property
48 CFR part 1246 - Quality assurance
48 CFR part 1247 - Transportation
48 CFR part 1252 - Solicitation provisions and contract clauses
48 CFR part 1253 - Forms
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FEDERAL AVIATION ADMINISTRATION
SECTION 610 REVIEW PLAN
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Analysis
Year Regulations To Be Reviewed Year Review Year
----------------------------------------------------------------------------------------------------------------
1 14 CFR parts 119 through 129 and parts 150 through 156.................. 2008 2009
2 14 CFR parts 133 through 139 and parts 157 through 169.................. 2009 2010
3 14 CFR parts 141 through 147 and parts 170 through 187.................. 2010 2011
4 14 CFR parts 189 through 198 and parts 1 through 16..................... 2011 2012
5 14 CFR parts 17 through 33.............................................. 2012 2013
6 14 CFR parts 34 through 39 and parts 400 through 405.................... 2013 2014
7 14 CFR parts 43 through 49 and parts 406 through 415.................... 2014 2015
8 14 CFR parts 60 through 77.............................................. 2015 2016
9 14 CFR parts 91 through 105............................................. 2016 2017
10 14 CFR parts 417 through 460............................................ 2017 2018
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The FAA has elected to use the two-step, 2-year process used by most DOT modes in past plans. As such, the FAA
has divided its rules into 10 groups as displayed in the table below. During the first year (the ``analysis
year''), all rules published during the previous 10 years within a 10 percent block of the regulations will be
analyzed to identify those with a SEIOSNOSE. During the second year (the ``review year''), each rule
identified in the analysis year as having a SEIOSNOSE will be reviewed in accordance with section 610 (b) to
determine if it should be continued without change or changed to minimize impact on small entities. Results of
those reviews will be published in the DOT semiannual regulatory agenda.
Tri-Annual Review Plan
The FAA, in addition to reviewing its rules in accordance with the
Section 610 Review Plan, has established a tri-annual process to comply
with the review requirements of the Department's Regulatory Policies
and Procedures, Executive Order 12866, and Plain Language Review Plan.
Our latest review notice was published November 15, 2007 (72 FR 64170).
In that notice, we requested comments from the public to identify those
regulations currently in effect that we should amend, remove, or
simplify. We also requested the public provide any specific suggestions
where rules could be developed as performance-based rather than
prescriptive, and any specific plain-language that might be used, and
provide suggested language on how those rules should be written. The
FAA will review the issues addressed by the commenters against its
regulatory agenda and rulemaking program efforts and adjust its
regulatory priorities consistent with its statutory responsibilities.
At the end of this process, the FAA will publish a summary and general
disposition of comments and indicate, where appropriate, how we will
adjust our regulatory priorities.
Year 1 (2008) List of rules analyzed and summary of results
14 CFR part 119 - Certification: Air Carriers and Commercial Operators
Section 610: The Agency conducted a Section 610 Review of this
part and found no amendments with a SEIOSNOSE.
14 CFR part 121 - Operating Requirements: Domestic, Flag, And
Supplemental Operations
Section 610: The Agency conducted a Section 610 Review of this
part and found six amendments that could have a SEIOSNOSE.
Amendment No. 121-216
Amendment No. 121-216 removed the requirement that windshear flight
guidance equipment be installed on older airplanes; amended the
provision allowing for an extended compliance period based on an
approved airplane retrofit schedule; and provided for acceptance of
alternative airplane equipment in the form of an approved airborne
windshear detection and avoidance system (predictive systems). The
final rule allowed certificate holders to install windshear equipment
in coordination with the installation of traffic alert and collision
avoidance system (TCAS II) equipment, thereby, reducing the prospect
that carriers would have to divert critical maintenance resources from
other safety programs.
Original FAA finding: This amendment primarily was in response
to an Air Transport Association (ATA) petition to the FAA, dated
June 1, 1989, to amend the windshear rule to exclude certain older
airplanes from the flight guidance systems requirements and to
extend the compliance date. The FAA determined that ATA's petition
had merit and issued amendment No. 121-216. In doing so, the FAA
found that there would be a significant beneficial economic impact
on a substantial number of small nonscheduled part 121 certificate
holders due to the cost relief from not having to install the
equipment on certain older aircraft.
Finding of this 5 U.S.C. section 610 analysis and review: The
benefits to small entities of amendment No. 121-216 have probably
diminished over time. However, the original FAA finding of a
positive SEIOSNOSE should still stand.
Amendment No. 121-269
Amendment No. 121-269 upgraded the fire safety standards for
cargo or baggage compartments in certain transport category
airplanes by eliminating Class D compartments as an option for
future type certification.
Original FAA finding: The FAA found that this amendment would
have a SEIOSNOSE. The FAA conducted an exhaustive analysis of
potential alternatives to seek possible ways of mitigating the
burden on small entities and still provide an equivalent level of
safety. In its analysis, the Agency considered several alternatives
that ranged from relatively low-cost, purely preventive approaches
(e.g., banning certain types of material from air transport), to
mitigating approaches such as: (1) Retrofit of detection systems
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only; (2) a requirement for detection systems on newly manufactured
aircraft only; (3) a requirement for detection and/or suppression
systems for extended over water operations only; (4) retrofit of
detection and suppression systems; (5) a requirement for detection
and suppression systems on newly manufactured aircraft only; and
(6) logical combinations of these alternatives.
Finding of this 5 U.S.C. section 610 analysis and review:
During the comment period, the FAA did not receive any comments
that indicated that the amendment would place small part 121
operators at a competitive disadvantage relative to large part 121
operators or that there were alternatives that could provide the
same level of safety benefit at reduced costs to small operators.
Moreover, no analysis was submitted that indicated that fire safety
risks for small part 121 carriers differed from those large part
121 carriers. Therefore, even though this amendment did have a
SEIOSNOSE, it was necessary in order to achieve the level of safety
sought by this rule action.
Amendment No. 121-282
Amendment No. 121-282 required design approval holders of
certain turbine-powered transport category airplanes, and of any
subsequent modifications to these airplanes, to substantiate that
the design of the fuel tank system precluded the existence of
ignition sources within the airplane fuel tanks. It also required
developing and implementing maintenance and inspection instructions
to assure the safety of the fuel tank system. For new type designs,
this amendment also required demonstrating that ignition sources
could not be present in fuel tanks when failure conditions were
considered, identifying any safety-critical maintenance actions,
and incorporating a means either to minimize development of
flammable vapors in fuel tanks or to prevent catastrophic damage if
ignition did occur.
Original FAA finding: The FAA determined that this amendment
would have a SEIOSNOSE. The FAA identified 143 air carriers that
would be impacted by this amendment. Of the 143 impacted air
carriers, 107 were small airlines.
Finding of this 5 U.S.C. section 610 analysis and review: In
order to mitigate the costs to the extent possible without reducing
the effectiveness of the amendment, the FAA extended operator
compliance time from 18 months to 36 months. In addition, the
Agency determined that fewer fuel tank re-inspections would be
needed than originally estimated in the NPRM. The net result of
these modifications was to reduce the overall cost impact from
$172.2 million to $126.6 million (in 2000 $$), a 26.4 percent
reduction. The FAA was not able to identify any other alternatives
that could reduce the cost impact to small entities and still
achieve the desired safety results. A review of the petition for
exemption history revealed that no relief was sought from this
amendment since its issuance.
Amendment No. 121-284
Amendment No. 121-284 (67 FR 72726) required airplanes operated
under part 121 to undergo inspections and records reviews by the
Administrator or a designated representative after their 14th year
in service and at specified intervals thereafter. This amendment
also prohibited operation of those airplanes after specified
deadlines unless damage-tolerance-based inspections and procedures
were included in their maintenance or inspection programs. This
amendment represented a critical step toward compliance with the
Aging Aircraft Safety Act of 1991.
Original FAA finding: The FAA conducted a full regulatory
flexibility analysis to assess the impact of this amendment on
small entities. The FAA determined that 58 small part 121 carriers
would be impacted by this amendment. Two of these were estimated to
incur annualized costs greater than 1 percent of annual revenues. A
step the FAA took to significantly lower compliance costs on the
carriers, including small entities, was to lengthen the time period
between required inspections from 5 years to 7 years. This longer
period was expected to lower compliance costs to operators by
enabling them to schedule the required inspections during heavy
maintenance checks. To further assist carriers in complying with
the requirements, the FAA also issued an advisory circular to
provide guidance for complying with a damage-tolerance supplemental
structural inspections program (DT-SSIP).
Finding of this 5 U.S.C. section 610 analysis and review: A
review of the petition for exemption records indicated that no one
sought relief from these requirements since they were implemented.
The FAA took actions to minimize the costs on small entities to the
extent that it thought was possible and still meet the objectives
of the Aging Aircraft Safety Act. Based on the comments it received
in response to this interim final rule, the FAA took further steps
in amendment No. 121-284 (70 FR 5517).
Amendment No. 121-297
Amendment No. 121-297 introduced airplane weight and
performance characteristics as the basis for collision avoidance
system requirements to capture cargo airplanes weighing more than
33,000 pounds (lbs.) maximum certificated takeoff weight (MCTOW).
This action was mandated by the Wendell H. Ford Aviation Investment
and Reform Act (AIR-21), enacted April 5, 2000, to take measures to
reduce the risk and collateral damage of a mid-air collision
involving a cargo airplane.
Original FAA finding: The FAA found that this amendment would
have a SEIOSNOSE. The FAA identified 24 all cargo turbine-powered
fleet operators who would be impacted by this amendment. Eleven, or
roughly 46 percent, of these operators were determined to be
significantly impacted. The FAA identified seven all cargo piston-
powered operators who would be impacted by this amendment. Six, or
86 percent, of these operators were determined to be significantly
impacted. The Agency believed that a compliance cost of 2 percent
or less of a firm's revenue was affordable. The costs to these
firms exceeded this level. Due to the congressional mandate, the
FAA was limited in what actions it could take to mitigate the
impact on small entities. The Agency was able, however, to reduce
the TCAS requirement from TCAS II to TCAS I for piston-powered
airplanes to mitigate some of the costs to operators of those
airplanes. It also eliminated the requirement for TCAS I in
turbine-powered airplanes of less than 33,000 pounds maximum
certificated takeoff weight. Finally, the FAA set the rule's
compliance date at the latest date allowed by the congressional
mandate. Taken together, these measures were viewed as the upper
level of the extent to which the FAA could mitigate cost impacts on
small entities and still achieve the goals of the legislation.
[[Page 64477]]
Finding of this 5 U.S.C. section 610 analysis and review:
Between April 2003 and January 2005, the FAA received five
petitions from small entities for exemption from the TCAS
requirements of this amendment. Two of these exemptions were denied
because they sought relief strictly on the basis of economic impact
and did not differ in any material way from other similar requests
that had been denied in the past for airplanes involved in non-
cargo operations. Three exemptions were granted because they were
found to be necessary to ensure that needed services in Alaska
would not be disrupted and doing so would not adversely impact
safety. The original FAA finding of a SEIOSNOSE held true but
should be fully diminished as the compliance date is 4 years past.
Amendment No. 121-340
Amendment No. 121-340 established a performance-based set of
requirements that set acceptable flammability exposure values in
tanks most prone to explosion or required the installation of an
ignition mitigation means in an affected fuel tank.
Original FAA finding: The FAA determined that this amendment
would have a SEIOSNOSE. The FAA identified 14 small air carriers
that would be affected. Of these 14, 3 were found to be affected
significantly. This determination was based on whether or not the
cost to the carrier was equal to or exceeded 2 per cent of its
revenue. Three carriers met this criterion. The FAA considered
several alternative approaches to this amendment to ease the burden
on small carriers. The Agency concluded that this amendment
provided the best balance of cost and benefits for the United
States society. The FAA argued, further, that the risk is largely
the same, regardless of whether the plane was flown by a large or
small entity.
Finding of this 5 U.S.C. section 610 analysis and review: This
amendment still has a SEIOSNOSE. The FAA will need to make a
determination regarding the continued need for this regulation.
14 CFR part 125 - Certification and Operations: Airplanes Having a
Seating Capacity of 20 or More Passengers or a Maximum Payload Capacity
of 6,000 Pounds or More; and Rules Governing Persons on Board Such
Aircraft
Section 610: The Agency conducted a Section 610 Review of this
part and found part 125 itself and five amendments that could have a
SEIOSNOSE.
Part 125
Part 125 provides a single set of certification and operation
rules for U.S.-registered airplanes, which have a seating capacity
of 20 or more passengers or a maximum payload capacity of 6,000
pounds or more when used in any non-common (private) carriage
operation.
Original FAA finding: The economic impacts of part 125 were
estimated and documented by a study conducted by the Aerospace
Corporation during December 1978 and January 1979 and reflected
data available at that time. While their study did not specifically
address the economic impact on small entities, their estimate of
$88.28 million in first year total costs (in 1979 dollars, $222.2
million in current dollars), and $20.45 million in recurring annual
costs (in 1979 dollars, $51.12 million in current dollars), it can
reasonably be concluded that this rule did have a SEIOSNOSE.
Finding of this 5 U.S.C. section 610 analysis and review: A
review of petitions for exemption from part 125 revealed that
relief was generally sought from safety requirements such as
collision avoidance systems. The FAA denied these requests because
petitioners were never able to provide convincing arguments for why
it would be in the public interest to grant them the requested
relief. There was no evidence in the record to suggest that part
125 continues to have a SEIOSNOSE.
Amendment No. 125-10
Amendment No. 125-10 required digital flight data recorders and
cockpit voice recorders (CVRs) to be installed in a broad category
of airplanes and rotorcraft operated by air carriers and commuters,
as well as, in selected aircraft operated in general aviation.
Original FAA finding: The FAA determined that this amendment
could have aSEIOSNOSE. In order to mitigate the cost to some
extent, the FAA modified its proposal to extend the compliance
period from 2 years to 3 years. Given that this rule action was in
response to a congressional mandate, the Agency was constrained to
take sufficient action to ensure the NTSB had available data in
needed for accident investigation purposes if acquiring that data
was technologically feasible.
Finding of this 5 U.S.C. section 610 analysis and review: Since
this rulemaking was promulgated over 20 years ago, the cost impact
has diminished substantially and has approached if not reached a
negligible level. This analysis concludes that there is no longer a
SEIOSNOSE as a result of this amendment.
Amendment No. 125-11
This amendment required the installation and use of a Traffic
Alert and Collision Avoidance System (TCAS) in large transport-type
airplanes and certain turbine-powered smaller airplanes. The
Airport and Airway Safety and Capacity Expansion Act of 1987
directed the FAA to require the installation and operation of TCAS
in commercial aircraft flying in the United States.
Original FAA finding: The FAA found that this amendment would
have a SEIOSNOSE.
Finding of this 5 U.S.C. section 610 analysis and review: The
FAA estimated the average total cost impact of this amendment on
part 125 operators at $96,000 in 1989 dollars ($151,000 in current
dollars) annualized over the period of 1989 to 2003. The FAA
concluded, however, that there were no viable alternatives for
small air carriers to adopt that would reduce the cost of
compliance and still achieve the levels of protection sought by
this amendment. This amendment implemented a congressional mandate,
thereby limiting the discretion the Agency had and still has in
mitigating the burden on small entities. Moreover, a review of the
petition for exemption records indicates that the Agency has been
consistent in denying requests for relief from this requirement on
safety grounds. This analysis finds, therefore, that a SEIOSNOSE
may still exist and the FAA will need to make a determination
regarding the continued need for this regulation.
Amendment No. 125-36
Amendment No. 125-36 was part of a larger action that required
design approval holders of certain turbine-powered transport
category airplanes, and any subsequent modifications to these
airplanes, to substantiate that the design of the fuel tank system
precluded the existence of ignition sources within the airplane
fuel tanks. It also required
[[Page 64478]]
developing and implementing maintenance and inspection instructions
to assure the safety of the fuel tank system. For new type designs,
this amendment also required demonstrating that ignition sources
could not be present in fuel tanks when failure conditions were
considered, identifying any safety-critical maintenance actions,
and incorporating a means either to minimize development of
flammable vapors in fuel tanks or to prevent catastrophic damage if
ignition did occur.
Original FAA finding: The FAA determined that this amendment
would have aSEIOSNOSE. The FAA identified 143 carriers that would
be impacted by this amendment. Of the 143 impacted air carriers,
107 were small airlines.
Finding of this 5 U.S.C. section 610 analysis and review: In
order to mitigate the costs to the extent possible without reducing
the effectiveness of the amendment, the FAA extended operator
compliance time from 18 months to 36 months. In addition, the
Agency determined that fewer fuel tank re-inspections would be
needed than originally estimated in the NPRM. The net result of
these modifications was to reduce the overall cost impact from
$172.2 million to $126.6 million (in 2000 $), a 26.4 percent
reduction. The FAA was not able to identify any other alternatives
that could reduce the cost impact to small entities and still
achieve the desired safety results. A review of the petition for
exemption history revealed that no relief was sought from this
amendment since its issuance.
Amendment No. 125-41
Amendment No. 125-41 was part of a larger rulemaking action
that introduced airplane weight and performance characteristics as
the basis for collision avoidance system requirements to capture
cargo airplanes weighing more than 33,000 pounds maximum
certificated takeoff weight (MCTOW). This action was mandated by
the Wendell H. Ford Aviation Investment and Reform Act (AIR-21)
enacted April 5, 2000, to take measures to reduce the risk and
collateral damage of a mid-air collision involving a cargo
airplane.
Original FAA finding: The FAA found that this amendment would
have a SEIOSNOSE. The FAA identified 24 all-cargo turbine-powered
fleet operators who would be impacted by this amendment. Eleven, or
roughly 46 percent, of these operators were determined to be
significantly impacted. The FAA identified seven all-cargo, piston-
powered operators who would be impacted by this amendment. Six, or
86 percent, of these operators were determined to be significantly
impacted. The Agency believed that a compliance cost of 2 percent
or less of a firm's revenue was affordable. The costs to these
firms exceeded that level. Due to the congressional mandate, the
FAA was limited in what actions it could take to mitigate some of
the costs to operators of those airplanes. It also eliminated the
requirement for TCAS I in turbine-powered airplanes of less than
33,000 pounds maximum certificated takeoff-weight. Finally, the FAA
set the rule's compliance date at the latest date allowed by the
congressional mandate. Taken together, these measures were viewed
as the upper level of the extent to which the FAA could mitigate
cost impacts on small entities and still achieve the goals of the
legislation.
Finding of this 5 U.S.C. section 610 analysis and review:
Between April 2003 and January 2005, the FAA received five
petitions from small entities for exemption from the TCAS
requirements of this amendment. Two of these exemptions were denied
because they sought relief strictly on the basis of economic impact
and did not differ in any material way from other similar requests
that had been denied in the past for airplanes involved in non-
cargo operations. Three exemptions were granted because they were
found to be necessary to ensure that needed services in Alaska
would not be disrupted and doing so would not adversely impact
safety. The original FAA finding of a SEIOSNOSE holds true but
should be fully diminished as the compliance date is 4 years past.
Amendment No. 125-55
Amendment No. 125-55 established a performance-based set of
requirements that set acceptable flammability exposure values in
tanks most prone to explosion or required the installation of an
ignition mitigation means in an affected fuel tank.
Original FAA finding: The FAA determined that this amendment
would have a SEIOSNOSE. The FAA identified 14 small air carriers
that would be affected. Of these 14, three were found to be
affected significantly. This determination was based on whether or
not the cost to the carrier was equal to or exceeded 2 percent of
its revenue. Three carriers met this criterion. The FAA considered
several alternative approaches to this amendment to ease the burden
on small carriers. The Agency concluded that this amendment
provided the best balance of cost and benefits for the United
States society. The FAA argued, further, that the risk is largely
the same, regardless of whether the plane was flown by a large or
small entity.
Finding of this 5 U.S.C. section 610 analysis and review: This
amendment still has a SEIOSNOSE. The FAA will need to make a
determination regarding the continued need for this regulation.
14 CFR part 129 - Operations: foreign air carriers and foreign
operators of U.S.-registered aircraft engaged in common carriage
Section 610: The Agency conducted a Section 610 Review of this
part and found no amendments with a SEIOSNOSE because this part does
not impact domestic entities
14 CFR part 150 - Airport noise compatibility planning
Section 610: The Agency conducted a Section 610 Review of this
part and found no amendments with a SEIOSNOSE.
14 CFR part 151 - Federal aid to airports
Section 610: The Agency conducted a Section 610 Review of this
part and found there have not been any amendments to part 151 since the
Regulatory Flexibility Act was enacted.
14 CFR part 152 - Airport aid program
Section 610: The Agency conducted a Section 610 Review of this
part and found no amendments with a SEIOSNOSE.
14 CFR part 153 - Airport operations
Section 610: The Agency conducted a Section 610 Review of this
part and found no amendments with a SEIOSNOSE.
14 CFR part 155 - Release of airport property from surplus property
disposal restrictions
Section 610: The Agency conducted a Section 610 Review of this
part and found no amendments with a SEIOSNOSE.
14 CFR part 156 - State block grant pilot program
Section 610: The Agency conducted a Section 610 Review of this
part and found no amendments with a SEIOSNOSE.
Year 2 (2009) List of rules analyzed and summary of results
[[Page 64479]]
14 CFR part 133 - Rotorcraft external-load operations
Section 610: The Agency conducted a Section 610 Review of this
part and found no amendments with a SEIOSNOSE.
14 CFR part 135 - Operating requirements: Commuter and on demand
operations and rules governing persons on board such aircraft
Section 610: The Agency conducted a Section 610 Review of this
part and found three amendments that could have a SEIOSNOSE.
Amendment No. 135-42
Amendment No. 135-42 revised the operating rules for air taxi
and commercial operators by requiring that all turbine-powered
(rather than just turbojet) airplanes with 10 or more seats be
equipped with an approved ground proximity warning system.
Original FAA finding: The FAA certified that this amendment may
have a SEIOSNOSE because the annual cost that would be imposed on
small part 135 operators to install a ground proximity warning
system on turbine-powered airplanes would exceed the significant
impact criteria in place when the rule was promulgated. The FAA
concluded after analysis, however, that there were no viable
alternatives to the provisions of the amendment and issued the rule
in final.
Finding of this 5 U.S.C. section 610 analysis and review:
Between the period January 2003 and December 2008, the period
beyond the analysis period of this final rule, there were no cases
of affected parties seeking relief from the provisions of the
amendment. The original finding of a possible SEIOSNOSE should be
fully diminished as the compliance date was 16 years ago.
Amendment No. 135-66 (61 FR 69302)
Amendment No. 135-66 (61 FR 69302) was one part of an overall
strategy to further reduce the impact of aircraft noise on the park
environment and to assist the National Park Service in achieving
its statutory mandate to provide the substantial restoration of
natural quiet and experience in Grand Canyon National Park (GCNP).
Original FAA finding: The FAA found that this amendment would
have a SEIOSNOSE. This amendment affected commercial sightseeing
operators conducting flight over the GCNP under part 135. This
amendment was unique in that most of the economic impact fell upon
small businesses.
Finding of this 5 U.S.C. section 610 analysis and review:
Consistent with the spirit and intent of the RFA, the FAA chose a
regulatory alternative that tailored most requirements to the size
of the firm. In doing so, the Agency believed that the regulatory
requirements in this amendment provided the least burdensome way
for small entities to accomplish the goals of the final rule-
restore natural quiet and preserve the opportunity for the public
to enjoy air tours at the GCNP. In addition, the FAA proposed to
take further action that would phase out noisier aircraft from air
tour service prior to the 2008 deadline imposed by the statute.
Amendment No. 135-107
Amendment No. 135-107 set safety and oversight rules for a
broad variety of sightseeing and commercial air tour flights. The
intended effect of this amendment was to standardize requirements
for air tour operators and consolidate air tour safety standards
within part 135.
Original FAA finding: The FAA determined that there would be a
SEIOSNOSE. The FAA estimated that part 135 commercial air tour
operators would incur 82 percent of the costs of the rule. The FAA
noted that helicopter operators would incur much higher costs than
airplane operators due to the requirement to equip their aircraft
with floats if they conducted operations over water and to the
requirement to prepare helicopter performance plans. The FAA
believed, however, that the only way to accomplish the commercial
air tour safety needs for helicopter operations was to impose the
higher standards on those entities.
Finding of this 5 U.S.C. section 610 analysis and review: A
review of the petition for exemption and petition for rulemaking
records since this amendment was issued found that no entities
sought relief from the float equipage requirement. The cost impacts
from the original estimates remain valid. However, absent requests
for relief from the regulated community, the notion espoused by the
FAA that a number of options were available to operators to avoid
or minimize the costs, may have merit. The FAA noted, for example,
that some operators may alter their air tour routes to avoid the
compliance costs. The Agency added that others may elect to only
equip part of their fleet to ensure the affordability to their
business. This analysis concludes that there continues to be a
SEIOSNOSE, but there is no evidence to suggest that small
businesses are suffering a hardship.
14 CFR part 136 - Commercial air tours and national parks air tour
management
Section 610: The Agency conducted a Section 610 Review of this
part and found no amendments with a SEIOSNOSE.
14 CFR part 137 - Agricultural aircraft operations
Section 610: The Agency conducted a Section 610 Review of this
part and found no amendments with a SEIOSNOSE.
14 CFR part 139 - Certification of airports
Section 610: The Agency conducted a Section 610 Review of this
part and found one amendment with a SEIOSNOSE.
Amendment No. 139-94
Amendment No. 139-94 established certification requirements for
airports serving scheduled air carrier operations in aircraft
designed for more than 9 passenger seats but less than 31 passenger
seats.
Original FAA finding: The FAA determined that this amendment
would have a SEIOSNOSE. The FAA stated that under SBA's definition
of a ``small'' public entity, there were more than 200 small entity
airports that would be affected by this rule action. For each small
entity, the FAA estimated the average initial hours required to set
up a recordkeeping system, as mandated by this amendment, would be
70 hours and expected a continuing paperwork requirement of about
90 hours annually. Having sought possible alternatives to mitigate
the costs on small entities, the FAA, in consultation with
industry, concluded that there existed a need to require at least
some minimum level of both risk reduction and accident mitigation
measures at airports during operations of smaller air carrier
airplanes. The FAA believed that the chosen alternative was the
only one that was relatively affordable and would achieve the
safety objectives of the rule. The Agency recognized the need,
however, to provide some flexibility in the implementation of
certain safety measures at airports with infrequent air
[[Page 64480]]
carrier service or where local resources were severely limited. The
FAA added that other measures at its disposal to mitigate impacts
on small airport operators included its authority to permit
alternative means of compliance to accommodate local conditions and
the use of its statutory authority to grant exemptions from part
139 requirements, as appropriate. Other methods the FAA identified
as ways small entity airports could mitigate the economic impact of
this amendment included Airport Improvement Program (AIP) funding,
which was available for certain capital expenditures that could be
required by this amendment. Examples of these requirements were
firefighting equipment, airport marking, and signs. Another
potential source of revenue to assist small airports in meeting the
regulatory requirements of this amendment was the Essential Air
Service (EAS) Program. The FAA believed that, ultimately, most of
the costs of these amendments would be borne by the Federal
Government through increased subsidies.
Finding of this 5 U.S.C. section 610 analysis and review: The
original funding still holds true. The flexibility that the FAA
afforded airport operators in meeting the requirements of this
amendment, combined with numerous avenues for funding support that
were and still are available to airport operators, substantially
mitigate the impact of this amendment on small entities.
14 CFR part 157 - Notice of construction, alteration, activation, and
deactivation of airports
Section 610: The Agency conducted a Section 610 Review of this
part and found no amendments with a SEIOSNOSE.
14 CFR part 158 - Passenger facility charges (PFCs)
Section 610: The Agency conducted a Section 610 Review of this
part and found no amendments with a SEIOSNOSE.
14 CFR part 161 - Notice and approval of airport noise and access
restrictions
Section 610: The Agency conducted a Section 610 Review of this
part and found no amendments with a SEIOSNOSE.
14 CFR part 169 - Expenditure of Federal funds for nonmilitary airports
or air navigation facilities thereon
Section 610: The Agency conducted a Section 610 Review of this
part and found no amendments with a SEIOSNOSE.
FEDERAL HIGHWAY ADMINISTRATION
SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
Analysis
Year Regulations To Be Reviewed Year Review Year
----------------------------------------------------------------------------------------------------------------
1 None.................................................................... 2008 2009
2 23 CFR parts 1 through 260.............................................. 2009 2010
3 23 CFR parts 420 through 470............................................ 2010 2011
4 23 CFR part 500......................................................... 2011 2012
5 23 CFR parts 620 through 637............................................ 2012 2013
6 23 CFR parts 645 through 669............................................ 2013 2014
7 23 CFR parts 710 through 924............................................ 2014 2015
8 23 CFR parts 940 through 973............................................ 2015 2016
9 23 CFR parts 1200 through 1252.......................................... 2016 2017
10 New parts and subparts.................................................. 2017 2018
----------------------------------------------------------------------------------------------------------------
Federal-Aid Highway Program
The FHWA has adopted regulations in title 23 of the CFR, chapter I,
related to the Federal-Aid Highway Program. These regulations implement
and carry out the provisions of Federal law relating to the
administration of Federal aid for highways. The primary law authorizing
Federal aid for highways is chapter I of title 23 of the U.S.C. Section
145 of title 23 expressly provides for a federally assisted State
program. For this reason, the regulations adopted by the FHWA in title
23 of the CFR primarily relate to the requirements that States must
meet to receive Federal funds for the construction and other work
related to highways. Because the regulations in title 23 primarily
relate to States, which are not defined as small entities under the
Regulatory Flexibility Act, the FHWA believes that its regulations in
title 23 do not have a significant economic impact on a substantial
number of small entities. The FHWA solicits public comment on this
preliminary conclusion.
Year 2 (fall 2009) List of rules that will be analyzed during the next
year
23 CFR part 1 - General
23 CFR part 140 - Reimbursement
23 CFR part 172 - Administration of engineering and design-related
service contracts
23 CFR part 180 - Credit assistance for Surface Transportation projects
23 CFR part 190 - Incentive payments for controlling outdoor
advertising on the Interstate system
23 CFR part 192 - Drug offender's driver's license suspension
23 CFR part 200 - Title VI program and related statutes-implementation
and review procedures
23 CFR part 230 - External programs
23 CFR part 260 - Education and training programs
[[Page 64481]]
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
Analysis
Year Regulations To Be Reviewed Year Review Year
----------------------------------------------------------------------------------------------------------------
1 49 CFR parts 372, subpart A, and 381.................................... 2008 2009
2 49 CFR parts 386, 389, and 395.......................................... 2009 2010
3 49 CFR parts 325, 388, 350, and 355..................................... 2010 2011
4 49 CFR parts 380 and 382 to 385......................................... 2011 2012
5 49 CFR parts 390 to 393 and 396 to 399.................................. 2012 2013
6 49 CFR parts 356, 367, 369 to 371, 372, subparts B-C.................... 2013 2014
7 49 CFR parts 373, 374, 376, and 379..................................... 2014 2015
8 49 CFR parts 360, 365, 366, and 368..................................... 2015 2016
9 49 CFR parts 377, 378, and 387.......................................... 2016 2017
10 49 CFR parts 303, 375, and new parts and subparts....................... 2017 2018
----------------------------------------------------------------------------------------------------------------
Year 1 (fall 2008) List of rules analyzed and a summary of results
49 CFR part 372, subpart A-Exemptions
Section 610: There is no SEIOSNOSE. No small entities are
affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FMCSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 381 - Waivers, exemptions, and pilot programs
Section 610: There is no SEIOSNOSE. No small entities are
affected.
General: These regulations are cost effective and impose the
least burden. FMCSA's plain language review of these rules indicates no
need for substantial revision.
Year 2 (fall 2009) List of rules that will be analyzed during the next
year
49 CFR part 386 - Rules of practice for motor carrier, broker, freight
forwarder, and hazardous materials proceedings
49 CFR part 389 - Rulemaking procedures--Federal motor carrier safety
regulations
49 CFR part 395 - Hours of service of drivers
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
Analysis
Year Regulations To Be Reviewed Year Review Year
----------------------------------------------------------------------------------------------------------------
1 49 CFR 571.223 through 571.500, and parts 575 and 579................... 2008 2009
2 23 CFR parts 1200 and 1300.............................................. 2009 2010
3 49 CFR parts 501 through 526 and 571.213................................ 2010 2011
4 49 CFR 571.131, 571.217, 571.220, 571.221, and 571.222.................. 2011 2012
5 49 CFR 571.101 through 571.110, and 571.135, 571.138 and 571.139........ 2012 2013
6 49 CFR parts 529 through 578, except parts 571 and 575.................. 2013 2014
7 49 CFR 571.111 through 571.129 and parts 580 through 588................ 2014 2015
8 49 CFR 571.201 through 571.212.......................................... 2015 2016
9 49 CFR 571.214 through 571.219, except 571.217.......................... 2016 2017
10 49 CFR parts 591 through 595 and new parts and subparts................. 2017 2018
----------------------------------------------------------------------------------------------------------------
Year 1 (fall 2008) List of rules analyzed and a summary of the results
49 CFR part 571.223 - Rear impact guards
Section 610: No SEIOSNOSE. No economically significant impact
on small business.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 571.224 - Rear impact protection
Section 610: No SEIOSNOSE. No economically significant impact
on small business.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 571.225 - Child restraint anchorage systems
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 571.301 - Fuel system integrity
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 571.302 - Flammability of interior materials
[[Page 64482]]
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 571.303 - Fuel system integrity of compressed natural gas
vehicles
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 571.304 - Compressed natural gas fuel container integrity
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 571.305 - Electric-powered vehicles: electrolyte spillage
and electrical shock protection
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 571.401 - Interior trunk release
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 571.403 - Platform lift systems for motor vehicles
Section 610: No SEIOSNOSE. No economically significant impact
on small business.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 571.404 - Platform lift installations in motor vehicles
Section 610: No SEIOSNOSE. No economically significant impact
on small business.
General: No changes are needed. These regulations are cost
effective and impose the least burden NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 571.500 - Low-speed vehicles
Section 610: No SEIOSNOSE. No economically significant impact
on small business.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 575 - Consumer information
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 579 - Reporting of information and communications about
potential defects
Section 610: No SEIOSNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. NHTSA's plain language review of
these rules indicates no need for substantial revision.
Year 2 (fall 2009) List of rules that will be analyzed during the next
year
23 CFR part 1200 - Uniform procedures for State highway safety programs
23 CFR part 1204 - [Reserved]
23 CFR part 1205 - Highway safety programs; determinations of
effectiveness
23 CFR part 1206 - Rules of procedure for invoking sanctions under the
Highway Safety Act of 1966
23 CFR part 1208 - National minimum drinking age
23 CFR part 1210 - Operation of motor vehicles by intoxicated minors
23 CFR part 1215 - Use of safety belts-compliance and transfer-of-funds
procedures
23 CFR part 1225 - Operation of motor vehicles by intoxicated persons
23 CFR part 1235 - Uniform system for parking for persons with
disabilities
23 CFR part 1240 - Safety incentive grants for use of seat belts-
allocations based on seat belt use rates
23 CFR part 1250 - Political subdivision participation in State highway
safety programs
23 CFR part 1251 - State highway safety agency
23 CFR part 1252 - State matching of planning and administration costs
23 CFR part 1270 - Open container laws
23 CFR part 1275 - Repeat intoxicated driver laws
FEDERAL RAILROAD ADMINISTRATION
SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
Analysis
Year Regulations To Be Reviewed Year Review Year
----------------------------------------------------------------------------------------------------------------
1 49 CFR parts 200 and 201................................................ 2008 2009
2 49 CFR parts 207, 209, 211, 215, 238, and 256........................... 2009 2010
3 49 CFR parts 210, 212, 214, 217, and 268................................ 2010 2011
[[Page 64483]]
4 49 CFR part 219......................................................... 2011 2012
5 49 CFR parts 218, 221, 241, and 244..................................... 2012 2013
6 49 CFR parts 216, 228, and 229.......................................... 2013 2014
7 49 CFR parts 223 and 233................................................ 2014 2015
8 49 CFR parts 224, 225, 231, and 234..................................... 2015 2016
9 49 CFR parts 222, 227, 235, 236, 250, 260, and 266...................... 2016 2017
10 49 CFR parts 213, 220, 230, 232, 239, 240, and 265...................... 2017 2018
----------------------------------------------------------------------------------------------------------------
Year 1 (Fall 2008) List of rules analyzed and a summary of results
49 CFR part 200 - Informal rules of practice for passenger service
Section 610: There is no SEIOSNOSE.
General: The rule prescribes procedures under which
applications are received and heard and by which rules and orders are
issued primarily affecting the Class I railroads and Amtrak, none of
which are small entities. FRA's plain language review of this rule
indicates no need for substantial revision.
49 CFR part 201 - Formal rules of practice for passenger service
Part 201 was removed from the CFR on May 27, 2009.
Year 2 (Fall 2009) List of rule(s) that will be analyzed during next
year
49 CFR part 207 - Informal rules of practice for passenger safety
49 CFR part 209 - Railroad safety enforcement procedures
49 CFR part 211 - Rules of practice
49 CFR part 215 - Railroad freight car safety standards
49 CFR part 238 - Passenger equipment safety standards
49 CFR part 256 - Passenger assistance for railroad passenger terminals
FEDERAL TRANSIT ADMINISTRATION
SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
Analysis
Year Regulations To Be Reviewed Year Review Year
----------------------------------------------------------------------------------------------------------------
1 49 CFR parts 604, 605, and 633.......................................... 2008 2009
2 49 CFR parts 661 and 665................................................ 2009 2010
3 49 CFR part 633......................................................... 2010 2011
4 49 CFR parts 609 and 611................................................ 2011 2012
5 49 CFR parts 613 and 614................................................ 2012 2013
6 49 CFR part 622......................................................... 2013 2014
7 49 CFR part 630......................................................... 2014 2015
8 49 CFR part 639......................................................... 2015 2016
9 49 CFR parts 659 and 663................................................ 2016 2017
10 49 CFR part 665......................................................... 2017 2018
----------------------------------------------------------------------------------------------------------------
Year 1 (fall 2008) List of rules analyzed and summary of results
49 CFR part 604 - Charter service
Section 610: The Agency has determined that the rule will not
have a significant effect on a substantial number of small entities.
General: This rule clarifies and sets forth provisions to
protect private charter operators from unfair competition by public
transit agencies. The rule was drafted using plain language techniques.
49 CFR part 661 - Buy America
Section 610: The Agency has determined that the rule will not
have a significant effect on a substantial number of small entities.
General: This rulemaking amends FTA's Buy America requirements
by adding bi-metallic rail to the list of traction power equipment. The
rule was drafted using plain language techniques.
Year 2 (fall 2009) List of rules that will be analyzed during the next
year
49 CFR part 605 - School bus operations
49 CFR part 633 - Program management oversight
49 CFR part 665 - Bus testing
[[Page 64484]]
MARITIME ADMINISTRATION
SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
Analysis
Year Regulations To Be Reviewed Year Review Year
----------------------------------------------------------------------------------------------------------------
1 46 CFR parts 201 through 205............................................ 2008 2009
2 46 CFR parts 221 through 232............................................ 2009 2010
3 46 CFR parts 249 through 296............................................ 2010 2011
4 46 CFR part 298......................................................... 2011 2012
5 46 CFR parts 307 through 309............................................ 2012 2013
6 46 CFR part 310......................................................... 2013 2014
7 46 CFR parts 315 through 340............................................ 2014 2015
8 46 CFR parts 345 through 381............................................ 2015 2016
9 46 CFR parts 382 through 389............................................ 2016 2017
10 46 CFR parts 390 through 393............................................ 2017 2018
----------------------------------------------------------------------------------------------------------------
Year 1 (fall 2008) List of rules analyzed and a summary of the results
46 CFR part 201 - Rules of practice and procedure
Section 610: No SEIOSNOSE. Some small entities may be
affected, but the economicimpact on small entities will not be
significant.
General: No changes are needed. Where confusing or wordy
language has been identified, revisions will be made.
46 CFR part 202 - Procedures relating to review by Secretary of
Transportation of actions by Maritime Subsidy Board
Section 610: No SEIOSNOSE. Some small entities may be
affected, but the economicimpact on small entities will not be
significant.
General: No changes are needed. Where confusing or wordy
language has been identified, revisions will be made.
46 CFR part 203 - Procedures relating to conduct of certain hearings
under the Merchant Marine Act, 1936
Section 610: No SEIOSNOSE. Some small entities may be
affected, but the economic impact on small entities will not be
significant.
General: No changes are needed. Where confusing or wordy
language has been identified, revisions will be made.
46 CFR part 204 - Claims against the Maritime Administration under the
Federal Tort Claim Act
Section 610: No SEIOSNOSE. Some small entities may be
affected, but the economic impact on small entities will not be
significant.
General: No changes are needed. Where confusing or wordy
language has been identified, revisions will be made.
46 CFR part 205 - Audit appeals; policy and procedure
Section 610: No SEIOSNOSE. Some small entities may be
affected, but the economic impact on small entities will not be
significant.
General: No changes are needed. Where confusing or wordy
language has been identified, revisions will be made.
Year 2 (fall 2009) List of rules that will be analyzed during the next
year
46 CFR part 221 - Regulated transactions involving documented vessels
and other maritime interests
46 CFR part 232 - Uniform financial reporting requirements
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA)
SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
Analysis
Year Regulations To Be Reviewed Year Review Year
----------------------------------------------------------------------------------------------------------------
1 part 178................................................................ 2008 2009
2 parts 178 through 180................................................... 2009 2010
3 parts 172 and 175....................................................... 2010 2011
4 sections 171.15 and 171.16.............................................. 2011 2012
5 parts 106, 107, 171, 190, 195........................................... 2012 2013
6 parts 174, 177, 191, 192................................................ 2013 2014
7 parts 176, 199.......................................................... 2014 2015
8 parts 172 through 178................................................... 2015 2016
9 parts 172, 173, 174, 176, 177, 193...................................... 2016 2017
10 parts 173, 194.......................................................... 2017 2018
----------------------------------------------------------------------------------------------------------------
Year 1 (fall 2008) List of rules with ongoing analysis
49 CFR part 178 - Specifications for packaging
Year 2 (fall 2009) List of rules that will be analyzed during the next
year
49 CFR part 178 - Specifications for packagings
49 CFR part 179 - Specifications for tank cars
49 CFR part 180 - Continuing qualification and maintenance of
packagings
[[Page 64485]]
RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION (RITA)
SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
Analysis
Year Regulations To Be Reviewed Year Review Year
----------------------------------------------------------------------------------------------------------------
1 14 CFR part 241, form 41................................................ 2008 2009
2 14 CFR part 241, schedule T-100, and part 217........................... 2009 2010
3 14 CFR part 298, 49 CFR 1420............................................ 2010 2011
4 14 CFR part 241, section 19-7........................................... 2011 2012
5 14 CFR part 291......................................................... 2012 2013
6 14 CFR part 234......................................................... 2013 2014
7 14 CFR part 249......................................................... 2014 2015
8 14 CFR part 248......................................................... 2015 2016
9 14 CFR part 250......................................................... 2016 2017
10 14 CFR part 374a, ICAO.................................................. 2017 2018
----------------------------------------------------------------------------------------------------------------
Year 1 (fall 2008) List of rules with ongoing analysis
14 CFR part 241 - Uniform system of accounts and reports for large
certificated air carriers, form 41
Year 2 (fall 2009) List of rules that will be analyzed during the next
year
14 CFR part 217 - Reporting traffic statistics by foreign air carriers
in civilian scheduled, charter, and nonscheduled services
14 CFR part 241 - Uniform system of accounts and reports for large
certificated air carriers, Schedule T-100
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION
SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
Analysis
Year Regulations To Be Reviewed Year Review Year
----------------------------------------------------------------------------------------------------------------
1 33 CFR parts 401 through 403............................................ 2008 2009
----------------------------------------------------------------------------------------------------------------
Year 1 (fall 2008) List of rules with ongoing analysis
33 CFR part 401 - Seaway Regulations and Rules
33 CFR part 402 - Tariff of Tolls
33 CFR part 403 - Rules of Procedure of the Joint Tolls Review Board
Office of the Secretary--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
406 Use of the Seat-Strapping Method for Carrying a Wheelchair on an Aircraft............. 2105-AD87
407 [rplus]Enhancing Airline Passenger Protections--Part 2 (Reg Plan Seq No. 111)......... 2105-AD92
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
Federal Aviation Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
408 [rplus]Flight Crewmember Duty Limitations and Rest Requirements....................... 2120-AI93
409 [rplus]Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers (Reg 2120-AJ00
Plan Seq No. 113).....................................................................
410 [rplus]Activation of Ice Protection................................................... 2120-AJ43
411 [rplus]Air Ambulance and Commercial Helicopter Operations; Safety Initiatives and 2120-AJ53
Miscellaneous Amendments (Reg Plan Seq No. 114).......................................
412 [rplus]Flight and Duty Time Limitations and Rest Requirements (Reg Plan Seq No. 115).. 2120-AJ58
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
[[Page 64486]]
Federal Aviation Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
413 [rplus]Automatic Dependent Surveillance--Broadcast (ADS-B) Equipage Mandate To Support 2120-AI92
Air Traffic Control Service (Reg Plan Seq No. 116)....................................
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
Federal Aviation Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
414 [rplus]Pilot Age Limit................................................................ 2120-AJ01
415 [rplus]Production and Airworthiness Approvals......................................... 2120-AJ44
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
Federal Motor Carrier Safety Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
416 [rplus]Unified Registration System.................................................... 2126-AA22
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
Federal Motor Carrier Safety Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
417 [rplus]National Registry of Certified Medical Examiners (Reg Plan Seq No. 119)........ 2126-AA97
418 Interstate Van Operations............................................................. 2126-AA98
419 [rplus]Commercial Driver's License Testing and Commercial Learner's Permit Standards 2126-AB02
(Reg Plan Seq No. 120)................................................................
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
Federal Motor Carrier Safety Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
420 [rplus]Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor 2126-AA35
Carriers Operating in the United States...............................................
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
National Highway Traffic Safety Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
421 Early Warning Reporting Information................................................... 2127-AK28
----------------------------------------------------------------------------------------------------------------
[[Page 64487]]
Federal Railroad Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
422 [rplus]Hours of Service--Passenger Train Employees (Rulemaking Resulting From a 2130-AC15
Section 610 Review)...................................................................
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
Federal Railroad Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
423 [rplus]Positive Train Control (Reg Plan Seq No. 126).................................. 2130-AC03
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
Federal Transit Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
424 Bus Testing: Phase-In of Brake Performance and Emissions Testing, and Program Updates 2132-AA95
(Completion of a Section 610 Review)..................................................
425 Buy America; Petition for Rulemaking (Completion of a Section 610 Review)............. 2132-AA99
426 School Bus Operations (Completion of a Section 610 Review)............................ 2132-AB00
----------------------------------------------------------------------------------------------------------------
Pipeline and Hazardous Materials Safety Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
427 [rplus]Hazardous Materials: Revisions to Requirements for the Transportation of 2137-AE44
Lithium Batteries.....................................................................
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
Maritime Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
428 [rplus]Cargo Preference--Compromise, Assessment, Mitigation, Settlement and Collection 2133-AB75
of Civil Penalties (Reg Plan Seq No. 129).............................................
----------------------------------------------------------------------------------------------------------------
[rplus] DOT-designated significant regulation
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
_______________________________________________________________________
Department of Transportation (DOT) Proposed Rule Stage
Office of the Secretary (OST)
_______________________________________________________________________
406. USE OF THE SEAT-STRAPPING METHOD FOR CARRYING A
WHEELCHAIR ON AN AIRCRAFT
Legal Authority: The Department has authority and responsibility under
the ACAA (49 USC 41705) to; ensure that US and foreign air carriers do
not discriminate against air traveler; on the basis of disability
Abstract: This rulemaking would address whether or not carriers should
be allowed to utilize the seat-strapping method to stow a passenger's
wheelchair in the aircraft cabin.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 12/00/09
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Blane A Workie, Attorney, Department of Transportation,
Office of the Secretary, 1200 New Jersey Avenue SE, Washington, DC
20590
Phone: 202 366-9342
TDD Phone: 202 755-7687
Fax: 202 366-7152
[[Page 64488]]
Email: [email protected]
RIN: 2105-AD87
_______________________________________________________________________
407. [rplus]ENHANCING AIRLINE PASSENGER PROTECTIONS--
PART 2
Regulatory Plan: This entry is Seq. No. 111 in part II of this issue
of the Federal Register.
RIN: 2105-AD92
BILLING CODE 4910--9X--S
_______________________________________________________________________
Department of Transportation (DOT) Proposed Rule Stage
Federal Aviation Administration (FAA)
_______________________________________________________________________
408. [rplus]FLIGHT CREWMEMBER DUTY LIMITATIONS AND REST REQUIREMENTS
Legal Authority: 49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC
44101; 49 USC 44701 to 44703; 49 USC 44705; 49 USC 44709 to 44713; 49
USC 44712; 49 USC 44713; 49 USC 44715 to 44717; 49 USC 44722; 49 USC
44901; 49 USC 44903; 49 USC 44912; 49 USC 44904
Abstract: This rulemaking would withdraw a previously published NPRM
(RIN 2120-AF63) that proposed to establish one set of duty period
limitations, flight time limitations, and rest requirements for flight
crewmembers engaged in air transportation. The NPRM also proposed to
establish consistent and clear duty period limitations, flight time
limitations, and rest requirements for domestic, flag, supplemental,
commuter and on-demand operations. This action is necessary, because
(1) the NPRM is outdated and (2) there were many significant issues
commenters raised.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Notice of Withdrawal 12/00/09
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Larry Youngblut, Flight Standards Service, Department
of Transportation, Federal Aviation Administration, 800 Independence
Avenue SW, Washington, DC 20951
Phone: 202 267-9360
Email: [email protected]
RIN: 2120-AI93
_______________________________________________________________________
409. [rplus]QUALIFICATION, SERVICE, AND USE OF CREWMEMBERS AND AIRCRAFT
DISPATCHERS
Regulatory Plan: This entry is Seq. No. 113 in part II of this issue
of the Federal Register.
RIN: 2120-AJ00
_______________________________________________________________________
410. [rplus]ACTIVATION OF ICE PROTECTION
Legal Authority: 49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC
44101; 49 USC 44701; 49 USC 44705; 49 USC 44709 to 44711; 49 USC 44713;
49 USC 44716; 49 USC 44722; 49 USC 44901; 49 USC 44903; 49 USC 44912;
49 USC 46105; 49 USC 44702; 49 USC 44717; 49 USC 44904
Abstract: This rulemaking would amend the regulations applicable to
operators of certain airplanes used in air carrier service and
certificated for flight in icing conditions. The standards would
require either the installation of ice detection equipment or changes
to the Airplane Flight Manual to ensure timely activation of the
airframe ice protection system. This regulation is the result of
information gathered from a review of icing accidents and incidents,
and it is intended to improve the level of safety when airplanes are
operated in icing conditions.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 12/00/09
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Jerry Ostronic, Air Carrier Operations Branch, AFS 220,
Department of Transportation, Federal Aviation Administration, 800
Independence Avenue, SW, Washington, DC 20591
Phone: 202 267-8166
Fax: 202 267-5229
Email: [email protected]
RIN: 2120-AJ43
_______________________________________________________________________
411. [rplus]AIR AMBULANCE AND COMMERCIAL HELICOPTER
OPERATIONS; SAFETY INITIATIVES AND MISCELLANEOUS AMENDMENTS
Regulatory Plan: This entry is Seq. No. 114 in part II of this issue
of the Federal Register.
RIN: 2120-AJ53
_______________________________________________________________________
412. [rplus]FLIGHT AND DUTY TIME LIMITATIONS AND REST
REQUIREMENTS
Regulatory Plan: This entry is Seq. No. 115 in part II of this issue
of the Federal Register.
RIN: 2120-AJ58
[[Page 64489]]
_______________________________________________________________________
Department of Transportation (DOT) Final Rule Stage
Federal Aviation Administration (FAA)
_______________________________________________________________________
413. [rplus]AUTOMATIC DEPENDENT SURVEILLANCE--BROADCAST (ADS-B) EQUIPAGE
MANDATE TO SUPPORT AIR TRAFFIC CONTROL SERVICE
Regulatory Plan: This entry is Seq. No. 116 in part II of this issue
of the Federal Register.
RIN: 2120-AI92
_______________________________________________________________________
Department of Transportation (DOT) Completed Actions
Federal Aviation Administration (FAA)
_______________________________________________________________________
414. [rplus]PILOT AGE LIMIT
Legal Authority: 49 USC 44701; 49 USC 44702; 49 USC 44709 to 44711; 49
USC 44716; 49 USC 44717; 49 USC 44903; 49 USC 44904; 49 USC 106(g); 49
USC 40113; 49 USC 40119; 49 USC 44101; 49 USC 44705; 49 USC 44713; 49
USC 44722; 49 USC 44901; 49 USC 44912; 49 USC 46105
Abstract: This rulemaking would correct the language of the Code of
Federal Regulations to bring it into conformance with recent
legislation raising the upper age limit for pilots serving in domestic,
flag, and supplemental operations until they reach their 65th birthday.
Congress enacted legislation, effective December 13, 2007, mandating an
Age-65 limit for pilots for purposes of Title 49 USC.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Final Rule 07/15/09 74 FR 34229
Final Rule Effective 07/15/09
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Larry Youngblut, Flight Standards Service, Department
of Transportation, Federal Aviation Administration, 800 Independence
Avenue, SW, Washington, DC 20951
Phone: 202 267-9360
Email: [email protected]
RIN: 2120-AJ01
_______________________________________________________________________
415. [rplus]PRODUCTION AND AIRWORTHINESS APPROVALS
Legal Authority: 42 USC 7572; 49 USC 106(g); 49 USC 40105; 49 USC
40113; 49 USC 44701; 49 USC 44704; 49 USC 44707; 49 USC 44709; 49 USC
44711; 49 USC 44713; 49 USC 44715; 49 USC 45303; 49 USC 44702
Abstract: This rulemaking would amend the certification procedures and
identification requirements for aeronautical products and articles.
These amendments would update and standardize those requirements for
production approval holders (PAHs), revise export airworthiness
approval requirements to facilitate global manufacturing, move all
part-marking requirements from part 21 to part 45, and amend the
identification requirements for products and articles. The intent of
these changes is to continue to promote safety by ensuring that
aircraft, and products and articles designed specifically for use in
aircraft, wherever manufactured, meet appropriate minimum standards for
design and construction. This rulemaking was split from RIN 2120-AI78.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Final Rule 10/16/09 74 FR 53368
Final Rule Effective 10/14/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Barbara Capron, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue, SW, Washington, DC
20591
Phone: 202 267-3343
Email: [email protected]
RIN: 2120-AJ44
BILLING CODE 4910--13--S
_______________________________________________________________________
Department of Transportation (DOT) Proposed Rule Stage
Federal Motor Carrier Safety Administration (FMCSA)
_______________________________________________________________________
416. [rplus]UNIFIED REGISTRATION SYSTEM
Legal Authority: PL 104-88; 109 stat 803, 888 (1995); 49 USC 13908; PL
109-159, sec 4304
Abstract: This rulemaking would replace three current identification
and registration systems: the US DOT number identification system, the
commercial registration system, and the financial responsibility
system, with an online Federal unified registration system (URS). This
program would serve as a clearinghouse and depository of information
on, and identification of, brokers, freight forwarders, and others
required to register with the Department of Transportation. The Agency
is revising this rulemaking to address amendments directed by SAFETEA-
LU. The replacement system for the Single State Registration System,
which the ICC Termination Act originally directed be merged under URS,
will be addressed separately.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 08/26/96 61 FR 43816
ANPRM Comment Period End 10/25/96
NPRM 05/19/05 70 FR 28990
NPRM Comment Period End 08/17/05
Supplemental NPRM 04/00/10
Regulatory Flexibility Analysis Required: Yes
[[Page 64490]]
Agency Contact: Valerie Height, Management Analyst, Department of
Transportation, Federal Motor Carrier Safety Administration, Office of
Policy Plans and Regulation (MC-PRR), 1200 New Jersey Avenue, SE,
Washington, DC 20590
Phone: 202 366-0901
Email: [email protected]
RIN: 2126-AA22
_______________________________________________________________________
Department of Transportation (DOT) Final Rule Stage
Federal Motor Carrier Safety Administration (FMCSA)
_______________________________________________________________________
417. [rplus]NATIONAL REGISTRY OF CERTIFIED MEDICAL EXAMINERS
Regulatory Plan: This entry is Seq. No. 119 in part II of this issue
of the Federal Register.
RIN: 2126-AA97
_______________________________________________________________________
418. INTERSTATE VAN OPERATIONS
Legal Authority: PL 109-59 (2005), Sec 4136
Abstract: This rulemaking would make the requirements concerning driver
qualifications; driving of CMVs; parts and accessories necessary for
safe operations; hours of service; and inspection, repair, and
maintenance applicable to the operation of vehicles designed or used to
transport between 9 and 15 passengers (including the driver) for direct
compensation, in interstate commerce, regardless of the distance
traveled. Currently the safety regulations apply to such vans when the
vehicle is operated beyond a 75 air-mile radius of the driver's work
reporting location. This action is in response to SAFETEA-LU.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Final Rule 01/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Thomas Yager, Driver and Carrier Operations Division,
MC-PSD, Department of Transportation, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue, SE, Washington, DC 20590
Phone: 202 366-4325
Email: [email protected]
RIN: 2126-AA98
_______________________________________________________________________
419. [rplus]COMMERCIAL DRIVER'S LICENSE TESTING AND COMMERCIAL LEARNER'S
PERMIT STANDARDS
Regulatory Plan: This entry is Seq. No. 120 in part II of this issue
of the Federal Register.
RIN: 2126-AB02
_______________________________________________________________________
Department of Transportation (DOT) Long-Term Actions
Federal Motor Carrier Safety Administration (FMCSA)
_______________________________________________________________________
420. [rplus]SAFETY MONITORING SYSTEM AND COMPLIANCE INITIATIVE FOR
MEXICO-DOMICILED MOTOR CARRIERS OPERATING IN THE UNITED STATES
Legal Authority: PL 107-87, sec 350; 49 USC 113; 49 USC 31136; 49 USC
31144; 49 USC 31502; 49 USC 504; 49 USC 5113; 49 USC 521(b)(5)(A)
Abstract: This rule would implement a safety monitoring system and
compliance initiative designed to evaluate the continuing safety
fitness of all Mexico-domiciled carriers within 18 months after
receiving a provisional Certificate of Registration or provisional
authority to operate in the United States. It also would establish
suspension and revocation procedures for provisional Certificates of
Registration and operating authority, and incorporate criteria to be
used by FMCSA in evaluating whether Mexico-domiciled carriers exercise
basic safety management controls. The interim rule included
requirements that were not proposed in the NPRM but which are necessary
to comply with the FY-2002 DOT Appropriations Act. On January 16, 2003,
the Ninth Circuit Court of Appeals remanded this rule, along with two
other NAFTA-related rules, to the agency, requiring a full
environmental impact statement and an analysis required by the Clean
Air Act. On June 7, 2004, the Supreme Court reversed the Ninth Circuit
and remanded the case, holding that FMCSA is not required to prepare
the environmental documents. FMCSA originally planned to publish a
final rule by November 28, 2003. FMCSA will determine the next steps to
be taken after enactment of any pending legislation authorizing cross
border trucking.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 05/03/01 66 FR 22415
NPRM Comment Period End 07/02/01
Interim Final Rule 03/19/02 67 FR 12758
Interim Final Rule Comment
Period End 04/18/02
Interim Final Rule Effective* 05/03/02
Notice of Intent To Prepare an
EIS 08/26/03 68 FR 51322
EIS Public Scoping Meetings 10/08/03 68 FR 58162
Next Action Undetermined
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Dominick Spataro, Chief, Borders Division, Department
of Transportation, Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue, SE, Washington, DC 20590
Phone: 202 266-2995
Email: [email protected]
RIN: 2126-AA35
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[[Page 64491]]
_______________________________________________________________________
Department of Transportation (DOT) Completed Actions
National Highway Traffic Safety Administration (NHTSA)
_______________________________________________________________________
421. EARLY WARNING REPORTING INFORMATION
Legal Authority: 49 USC 30166
Abstract: This rulemaking would amend certain provisions of the early
warning reporting (EWR) rule published pursuant to the Transportation
Recall, Enhancement, Accountability and Documentation (TREAD) Act. This
rulemaking would modify the threshold for submitting quarterly EWR
reports for some manufacturers and add new requirements to maintain the
consistency of the EWR data from quarter to quarter.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 12/05/08 73 FR 74101
NPRM Comment Period End 02/03/09
Final Action 09/17/09 74 FR 47740
Final Action Effective 10/19/09
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Christina Morgan, Chief, Early Warning Reporting,
Department of Transportation, National Highway Traffic Safety
Administration, 1200 New Jersey Avenue, SE, Washington, DC 20590
Phone: 202 366-4238
Email: [email protected]
RIN: 2127-AK28
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_______________________________________________________________________
Department of Transportation (DOT) Proposed Rule Stage
Federal Railroad Administration (FRA)
_______________________________________________________________________
422. [rplus]HOURS OF SERVICE--PASSENGER TRAIN
EMPLOYEES (RULEMAKING RESULTING FROM A SECTION 610 REVIEW)
Legal Authority: PL 110-432, Div A, 122 Stat 4848 et seq; Rail Safety
Improvement Act of 2008; sec 108(e) (49 USC 21109)
Abstract: This rulemaking would establish hours of service requirements
for train employees engaged in commuter and intercity passenger rail
transport.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 03/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Kathryn Shelton, Trial Attorney, Department of
Transportation, Federal Railroad Administration, 1200 New Jersey
Avenue, SE, Washington, DC 20590
Phone: 202 493-6063
Email: [email protected]
RIN: 2130-AC15
_______________________________________________________________________
Department of Transportation (DOT) Final Rule Stage
Federal Railroad Administration (FRA)
_______________________________________________________________________
423. [rplus]POSITIVE TRAIN CONTROL
Regulatory Plan: This entry is Seq. No. 126 in part II of this issue
of the Federal Register.
RIN: 2130-AC03
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_______________________________________________________________________
Department of Transportation (DOT) Completed Actions
Federal Transit Administration (FTA)
_______________________________________________________________________
424. BUS TESTING: PHASE-IN OF BRAKE PERFORMANCE AND EMISSIONS TESTING,
AND PROGRAM UPDATES (COMPLETION OF A SECTION 610 REVIEW)
Legal Authority: 49 USC 5318(a)
Abstract: This rulemaking modifies the Bus Testing rule to incorporate
tests for brake performance and emissions. This rulemaking also updates
and clarifies the existing regulation found at 49 CFR 665.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 09/30/08 73 FR 56781
NPRM Comment Period End 12/01/08
Final Rule 10/05/09 74 FR 51083
Final Rule Effective 01/01/10
Regulatory Flexibility Analysis Required: No
Agency Contact: Richard Wong, Attorney-Advisor, Department of
Transportation, Federal Transit Administration, 1200 New Jersey Avenue,
SE, Washington, DC 20590
Phone: 202 366-6067
Fax: 202 366-3809
Email: [email protected]
RIN: 2132-AA95
_______________________________________________________________________
425. BUY AMERICA; PETITION FOR RULEMAKING (COMPLETION OF A SECTION 610
REVIEW)
Legal Authority: 49 USC 5323(j)
Abstract: This rulemaking reclassifies bi-metallic aluminum rail under
FTA's Buy America rule. Both running rail (carrying the weight of the
train) and power rail (carrying the electric power supply) were treated
alike under the Buy America regulation, i.e., all rail products must be
produced in the
[[Page 64492]]
United States, including all manufacturing processes, except
metallurgical processes involving refinement of steel additives. FTA
now classifies bi-metallic aluminum rail as ``traction power
equipment,'' subject to a 60/40% domestic/nondomestic content
requirement and final assemble in the United States.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 11/24/08 73 FR 70950
NPRM Comment Period End 01/23/09
Final Rule 06/25/09 74 FR 30237
Final Rule Effective 07/27/09
Regulatory Flexibility Analysis Required: No
Agency Contact: Richard Wong, Attorney-Advisor, Department of
Transportation, Federal Transit Administration, 1200 New Jersey Avenue,
SE, Washington, DC 20590
Phone: 202 366-6067
Fax: 202 366-3809
Email: [email protected]
RIN: 2132-AA99
_______________________________________________________________________
426. SCHOOL BUS OPERATIONS (COMPLETION OF A SECTION 610 REVIEW)
Legal Authority: 49 USC 5323(f)
Abstract: This rulemaking would have amended the regulations that
govern the provision of services to school students and personnel by
recipients of Federal funds from the Federal Transit Administration for
consistency with the statutory provisions enacted by SAFETEA-LU
regarding penalties for violations of the regulations. This rulemaking
would also have clarified the exisiting requirements for
differentiating permissible services from prohibited services to school
students and personnel. FTA, however, recently determined that
withdrawal of the NPRM is appropriate in consideration of public
misconceptions with FTA's regulatory proposal.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Withdrawn 06/26/09 74 FR 30499
Regulatory Flexibility Analysis Required: No
Agency Contact: Michael Culotten, Attorney-Advisor, Department of
Transportation, Federal Transit Administration, 1200 New Jersey Avenue,
SE, Washington, DC 20590
Phone: 202 493-0509
Fax: 202 366-3809
RIN: 2132-AB00
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_______________________________________________________________________
Department of Transportation (DOT) Proposed Rule Stage
Pipeline and Hazardous Materials Safety Administration (PHMSA)
_______________________________________________________________________
427. [rplus]HAZARDOUS MATERIALS: REVISIONS TO
REQUIREMENTS FOR THE TRANSPORTATION OF LITHIUM BATTERIES
Legal Authority: 49 USC 5101 et seq
Abstract: This rulemaking would amend the Hazardous Materials
Regulations to comprehensively address the safe transportation of
lithium cells and batteries. The intent of the rulemaking is to
strengthen the current regulatory framework by imposing more effective
safeguards, including design testing to address risks related to
internal short circuits, and enhanced packaging, hazard communication,
and operational measures for various types and sizes of lithium
batteries in specific transportation contexts. The rulemaking responds
to several recommendations issued by the National Transportation Safety
Board.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 01/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Kevin Leary, Transportation Specialist, Department of
Transportation, Pipeline and Hazardous Materials Safety Administration,
1200 New Jersey Avenue, SE, Washington, DC 20590
Phone: 202 366-8553
Email: [email protected]
RIN: 2137-AE44
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_______________________________________________________________________
Department of Transportation (DOT) Proposed Rule Stage
Maritime Administration (MARAD)
_______________________________________________________________________
428. [rplus]CARGO PREFERENCE -- COMPROMISE, ASSESSMENT, MITIGATION,
SETTLEMENT AND COLLECTION OF CIVIL PENALTIES
Regulatory Plan: This entry is Seq. No. 129 in part II of this issue
of the Federal Register.
RIN: 2133-AB75
[FR Doc. E9-28604 Filed 12-04-09; 8:45 am]
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