[Federal Register Volume 78, Number 5 (Tuesday, January 8, 2013)]
[Proposed Rules]
[Pages 1604-1617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31500]



[[Page 1603]]

Vol. 78

Tuesday,

No. 5

January 8, 2013

Part XII





Department of Transportation





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Semiannual Regulatory Agenda

  Federal Register / Vol. 78 , No. 5 / Tuesday, January 8, 2013 / 
Unified Agenda  

[[Page 1604]]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Chs. I, II and III

23 CFR Chs. I, II and III

33 CFR Chs. I and IV

46 CFR Chs. I, II and 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.

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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

SUPPLEMENTARY INFORMATION:

Background

    Improvement of our regulations is a prime goal of the Department of 
Transportation (Department or DOT). Our regulations should be clear, 
simple, timely, fair, reasonable, and necessary. They 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://www.dot.gov/regulations. Among other things, this Web site provides a 
report, updated monthly, on the status of the DOT significant 
rulemakings listed in the Semiannual Regulatory Agenda.
    To help the Department achieve these goals and in accordance with 
Executive Order (EO) 12866, ``Regulatory Planning and Review,'' (58 FR 
51735; Oct. 4, 1993) and the Department's Regulatory Policies and 
Procedures (44 FR 11034; Feb. 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 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, beneficial, controversial, or of 
substantial public interest under our Regulatory Policies and 
Procedures. All DOT agency priority rulemaking documents are subject to 
review by the Secretary of Transportation. If the Office of Management 
and Budget (OMB) decide a rule is subject to its review under Executive 
Order 12866, we have classified it as significant in the Agenda.

Explanation of Information on the Agenda

    An Office of Management and Budget memorandum, dated June 13, 2012, 
requires the format for this Agenda.
    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) 
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

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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.'' One such example of this 
are the letters ``SB,'' ``IC,'' ``SLT.'' These refer to information 
used as part of our required reports on Retrospective Review of DOT 
rulemakings. A ``Y'' or an ``N,'' for yes and no, respectively, follow 
the letters to indicate whether or not a particular rulemaking would 
have effects on: Small businesses (SB); information collections (IC); 
or State, local, or tribal (SLT) governments.
    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. In response to Executive Order 
13563 ``Retrospective Review and Analysis of Existing Rules,'' we have 
prepared a retrospective review plan providing more detail on the 
process we use to conduct reviews of existing rules, including changes 
in response to Executive Order 13563. We provided the public 
opportunities to comment at regulations.gov and IdeaScale on both our 
process and any existing DOT rules the public thought needed review. 
The plan and the results of our review can be found at http://www.dot.gov/regulations.

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 (sec. 610 Review) appears at 
the end of the title for these reviews. Please see appendix D for the 
Department's section 610 review plans.

Consultation With State, Local, and Tribal Governments

    Executive orders 13132 and 13175 require us to develop an 
accountable process to ensure ``meaningful and timely input'' by State, 
local, and tribal officials in the development of regulatory policies 
that have federalism or tribal implications. These policies are defined 
in the Executive orders to include regulations that have ``substantial 
direct effects'' on States or Indian tribes, on the relationship 
between the Federal Government and them, or on the distribution of 
power and responsibilities between the Federal Government and various 
levels of government or Indian tribes. Therefore, we encourage State 
and local governments or Indian tribes 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: November 2, 2012.
 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 Regulatory Agenda, are available 
through the Internet at http://www.regulations.gov. See appendix C for 
more information.
    (Name of contact person), (Name of the DOT agency), 1200 New Jersey 
Avenue SE., Washington, DC 20590. (For the Federal Aviation 
Administration, substitute the following address: Office of Rulemaking, 
ARM-1, 800 Independence Avenue SW., Washington, DC 20591).

Appendix B--General Rulemaking Contact Persons

    The following is a list of persons who can be contacted within the 
Department for general information concerning the rulemaking process 
within the various operating administrations.

FAA--Rebecca MacPherson, Office of Chief Counsel, Regulations and 
Enforcement Division, 800 Independence Avenue SW., Room

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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--Richard Wong, Office of Chief Counsel, 1200 New Jersey Avenue SE., 
Room E56-308, Washington, DC 20590; telephone (202) 366-0675.
SLSDC--Carrie Mann Lavigne, Chief Counsel, 180 Andrews Street, Massena, 
NY 13662; telephone (315) 764-3200.
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 to permit its use. We are committed to continuing our reviews 
of existing rules and, if needed, will initiate rulemaking actions 
based on these reviews.
    In accordance with Executive Order 13563, ``Improving Regulation 
and Regulatory Review,'' issued by the President on January 18, 2011, 
the Department has added other elements to its review plan. The 
Department has decided to improve its plan by adding special oversight 
processes within the Department; encouraging effective and timely 
reviews, including providing additional guidance on particular problems 
that warrant review; and expanding opportunities for public 
participation. These new actions are in addition to the other steps 
described in this Appendix.

Section 610 Review Plan

    Section 610 requires that we conduct reviews of rules that (1): 
Have been published within the last 10 years, and (2) have a 
``significant economic impact on a substantial number of small 
entities'' (SEIOSNOSE). It also requires that we publish in the Federal 
Register each year a list of any such rules that we will review during 
the next year. The Office of the Secretary and each of the Department's 
Operating Administrations have a 10-year review plan. These reviews 
comply with section 610 of the Regulatory Flexibility Act.

Other Review Plan(s)

    All elements of the Department, except for the Federal Aviation 
Administration (FAA), have also elected to use this 10-year plan 
process to comply with the review requirements of the Department's 
Regulatory Policies and Procedures and Executive Order 12866.

Changes to the Review Plan

    Some reviews may be conducted earlier than scheduled. For example, 
to the extent resources permit, the plain language reviews will be 
conducted more quickly. Other events, such as accidents, may result in 
the need to conduct earlier reviews of some rules. Other factors may 
also result in the need to make changes; for example, we may make 
changes in response to public comment on this plan or in response to a 
Presidentially-mandated review. If there is any change to the review 
plan, we will note the change in the following Agenda. For any section 
610 review, we will provide the required notice prior to the review.

Part II--The Review Process

The Analysis

    Generally, the agencies have divided their rules into 10 different 
groups and plan to analyze one group each year. For purposes of these 
reviews, a year will coincide with the fall-to-fall schedule for 
publication of the Agenda. Thus, Year 1 (2008) begins in the fall of 
2008 and ends in the fall of 2009; Year 2 (2009) begins in the fall of 
2009 and ends in the fall of 2010, and so on. We request public comment 
on the timing of the reviews. For example, is there a reason for 
scheduling an analysis and review for a particular rule earlier than we 
have? Any comments concerning the plan or particular analyses should be 
submitted to the regulatory contacts listed in Appendix B, General 
Rulemaking Contact Persons.

Section 610 Review

    The agency will analyze each of the rules in a given year's group 
to determine whether any rule has a SEIOSNOSE and, thus, requires 
review in accordance with section 610 of the Regulatory Flexibility 
Act. The level of analysis will, of course, depend on the nature of the 
rule and its applicability. Publication of agencies' section 610 
analyses listed each fall in this Agenda provides the public with 
notice and an opportunity to comment consistent with the requirements 
of the Regulatory Flexibility Act. We request that public comments be 
submitted to us early in the analysis year concerning the small entity 
impact of the rules to help us in making our determinations.
    In each fall Agenda, the agency will publish the results of the 
analyses it has completed during the previous year. For rules that had 
a negative finding on 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

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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 to 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 is 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--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
337.......................  +Enhancing Airline                 2105-AE11
                             Passenger Protections III.
------------------------------------------------------------------------
 + DOT-designated significant regulation.


                Office of the Secretary--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
338.......................  +Use of the Seat-Strapping         2105-AD87
                             Method for Carrying a
                             Wheelchair on an Aircraft.
------------------------------------------------------------------------
 + DOT-designated significant regulation.


          Federal Aviation Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
339.......................  +Operation and                     2120-AJ60
                             Certification of Small
                             Unmanned Aircraft Systems
                             (sUAS).
340.......................  +Flight Crewmember                 2120-AJ87
                             Mentoring, Leadership and
                             Professional Development
                             (HR 5900).
------------------------------------------------------------------------
 + DOT-designated significant regulation.


            Federal Aviation Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
341.......................  +Qualification, Service,           2120-AJ00
                             and Use of Crewmembers
                             and Aircraft Dispatchers.
342.......................  +Pilot Certification and           2120-AJ67
                             Qualification
                             Requirements (Formerly
                             First Officer
                             Qualification
                             Requirements) (HR 5900).
343.......................  +Safety Management Systems         2120-AJ86
                             for Certificate Holders
                             (Section 610 Review).
------------------------------------------------------------------------
 + DOT-designated significant regulation.


    Federal Motor Carrier Safety Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
344.......................  +Electronic Logging                2126-AB20
                             Devices and Hours of
                             Service Supporting
                             Documents.

[[Page 1608]]

 
345.......................  +Inspection, Repair, and           2126-AB46
                             Maintenance; Driver-
                             Vehicle Inspection Report
                             (RRR).
------------------------------------------------------------------------
 + DOT-designated significant regulation.


      Federal Motor Carrier Safety Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
346.......................  +Unified Registration              2126-AA22
                             System.
347.......................  Self Reporting of Out-of-          2126-AB43
                             State Convictions (RRR)
                             (Section 610 Review).
------------------------------------------------------------------------
 + DOT-designated significant regulation.


          Federal Railroad Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
348.......................  +Critical Incident Stress          2130-AC00
                             Plan; ``Critical
                             Incident'' Definition.
349.......................  Risk Reduction Program             2130-AC11
                             (RRR).
350.......................  +Positive Train Control            2130-AC32
                             Systems: De Minimis
                             Exception, Yard
                             Movements, En Route
                             Failures; Miscellaneous
                             Grade Crossing/Signal and
                             Train Control Amendments
                             (RRR).
------------------------------------------------------------------------
 + DOT-designated significant regulation.


            Federal Railroad Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
351.......................  Roadway Worker Protection;         2130-AB89
                             Miscellaneous Revisions.
352.......................  +Training Standards for            2130-AC06
                             Railroad Employees (RRR).
353.......................  +Emergency Escape                  2130-AC14
                             Breathing Apparatus (RRR).
354.......................  Passenger Train Emergency          2130-AC22
                             Systems; Doors, Emergency
                             Lighting, Emergency
                             Signage and Markings for
                             Egress and Access, and
                             Low-Location Emergency
                             Exit Path Marking;
                             Miscellaneous Amendments.
355.......................  Amendments Expanding the           2130-AC24
                             Drug Panel for FRA Post-
                             Accident Toxicological
                             Testing.
356.......................  Track Safety Standards:            2130-AC28
                             Improving Rail Integrity
                             (RRR).
357.......................  Railroad System Safety             2130-AC31
                             Program.
358.......................  Revisions to Passenger             2130-AC33
                             Train Emergency
                             Preparedness Regulations.
359.......................  Roadway Worker Protection;         2130-AC37
                             Adjacent-Track On-Track
                             Safety--Response to
                             Petitions for
                             Reconsideration.
360.......................  Telephonic Notification at         2130-AC38
                             Grade Crossings--Response
                             to Petitions for
                             Reconsideration.
361.......................  Locomotive Safety                  2130-AC39
                             Standards Amendments--
                             Response to Petitions for
                             Reconsideration.
------------------------------------------------------------------------
 + DOT-designated significant regulation.


  Pipeline and Hazardous Materials Safety Administration--Proposed Rule
                                  Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
362.......................  +Pipeline Safety: Safety           2137-AE66
                             of On-Shore Liquid
                             Hazardous Pipelines.
363.......................  Pipeline Safety:                   2137-AE94
                             Miscellaneous Amendments
                             Related to
                             Reauthorization and
                             Petitions for Rulemaking
                             (RRR).
------------------------------------------------------------------------
 + DOT-designated significant regulation.


Pipeline and Hazardous Materials Safety Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
364.......................  +Hazardous Materials:              2137-AE44
                             Revisions to Requirements
                             for the Transportation of
                             Lithium Batteries.
365.......................  Hazardous Materials:               2137-AE78
                             Miscellaneous Amendments
                             (RRR) (Section 610
                             Review).
------------------------------------------------------------------------
 + DOT-designated significant regulation.


[[Page 1609]]


               Maritime Administration--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
366.......................  +Regulations To Be                 2133-AB74
                             Followed by All
                             Departments, Agencies and
                             Shippers Having
                             Responsibility To Provide
                             a Preference for U.S.-
                             Flag Vessels in the
                             Shipment of Cargoes on
                             Ocean Vessels (RRR).
------------------------------------------------------------------------
 + DOT-designated significant regulation.


DEPARTMENT OF TRANSPORTATION (DOT)

Office of the Secretary (OST)

Proposed Rule Stage

337. +Enhancing Airline Passenger Protections III

    Legal Authority: 49 U.S.C. 41712; 49 U.S.C. 40101;49 U.S.C. 41702
    Abstract: This rulemaking would address the following issues: (1) 
Whether the Department should require a marketing carrier to provide 
assistance to its code-share partner when a flight operated by the 
code-share partner experiences a lengthy tarmac delay; (2) whether the 
Department should enhance disclosure requirements on code-share 
operations, including requiring on-time performance data, reporting of 
certain data code-share operations, and codifying the statutory 
amendment of 49 U.S.C. 41712(c) regarding Web site schedule disclosure 
of code-share operations; (3) whether the Department should expand the 
on-time performance ``reporting carrier'' pool to include smaller 
carriers; (4) whether the Department should require travel agents to 
adopt minimum customer service standards in relation to the sale of air 
transportation; (5) whether the Department should require ticket agents 
to disclose the carriers whose tickets they sell or do not sell and 
information regarding any incentive payments they receive in connection 
with the sale of air transportation; (6) whether the Department should 
require ticket agents to disclose any preferential display of 
individual fares or carriers in the ticket agent's Internet displays; 
(7) whether the Department should require additional or special 
disclosures regarding certain substantial fees, e.g., oversize or 
overweight baggage fees; (8) whether the Department should prohibit 
post-purchase price increase for all services and products not 
purchased with the ticket or whether it is sufficient to prohibit post-
purchase prices increases for baggage charges that traditionally have 
been included in the ticket price; and (9) whether the Department 
should require that ancillary fees be displayed through all sale 
channels.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Supplemental NPRM...................   05/00/13
------------------------------------------------------------------------

    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, Email: [email protected].
    RIN: 2105-AE11

DEPARTMENT OF TRANSPORTATION (DOT)

Office of the Secretary (OST)

Final Rule Stage

338. +Use of the Seat-Strapping Method for Carrying a Wheelchair on an 
Aircraft

    Legal Authority: 49 U.S.C. 41705
    Abstract: This rulemaking would address whether carriers should be 
allowed to utilize the seat-strapping method to stow a 
passenger[acute]s wheelchair in the aircraft cabin.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/03/11  76 FR 32107
NPRM Comment Period End.............   08/02/11
Final Rule..........................   01/00/13
------------------------------------------------------------------------

    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, Email: [email protected].
    RIN: 2105-AD87

BILLING CODE 4910-9X-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Proposed Rule Stage

339. +Operation and Certification of Small Unmanned Aircraft Systems 
(SUAS)

    Legal Authority: 49 U.S.C. 44701; Pub. L. 112-95
    Abstract: This rulemaking would enable small unmanned aircraft to 
safely operate in limited portions of the national airspace system 
(NAS). This action is necessary because it addresses the novel legal or 
policy issues about the minimum safety parameters for operating 
recreational remote control model and toy aircraft in the NAS. The 
intended effect of this action is to develop requirements and standards 
to ensure that risks are adequately mitigated, such that safety is 
maintained for the entire aviation community.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Stephen A Glowacki, Department of Transportation, 
Federal Aviation Administration, 800 Independence Ave. SW., Washington, 
DC 20591, Phone: 202-385-4898, Email: [email protected].
    RIN: 2120-AJ60

340. +Flight Crewmember Mentoring, Leadership and Professional 
Development (HR 5900)

    Legal Authority: 49 U.S.C. 44701(a)(5); Pub. L. 111-216, sec 206
    Abstract: This rulemaking would amend the regulations for air 
carrier training programs under part 121. The action is necessary to 
ensure that air carriers establish or modify training programs that 
address mentoring, leadership, and professional development of flight 
crewmembers in part 121 operations. The amendments are intended to 
contribute significantly to airline safety by reducing aviation 
accidents and respond to the mandate in Public Law 111-216.
    Timetable:

[[Page 1610]]



------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Deke Abbott, Department of Transportation, Federal 
Aviation Administration, 800 Independence Ave. SW., Washington, DC 
20591, Phone: 202 267-8266, Email: [email protected].
    RIN: 2120-AJ87

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Final Rule Stage

341. +Qualification, Service, and Use of Crewmembers and Aircraft 
Dispatchers

    Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 40113; 49 U.S.C. 
40119; 49 U.S.C. 44101; 49 U.S.C. 44701; 49 U.S.C. 44702; 49 U.S.C. 
44705; 49 U.S.C. 44709 to 44711; 49 U.S.C. 44713; 49 U.S.C. 44716; 49 
U.S.C. 44717; 49 U.S.C. 44722; 49 U.S.C. 44901; 49 U.S.C. 44903; 49 
U.S.C. 44904; 49 U.S.C. 44912; 49 U.S.C. 46105
    Abstract: This rulemaking would amend the regulations for 
crewmember and dispatcher training programs in domestic, flag, and 
supplemental operations. The rulemaking would enhance traditional 
training programs by requiring the use of flight simulation training 
devices for flight crewmembers and including additional training 
requirements in areas that are critical to safety. The rulemaking would 
also reorganize and revise the qualification and training requirements. 
The changes are intended to contribute significantly to reducing 
aviation accidents.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/12/09  74 FR 1280
Proposed rule; notice of public        03/12/09  74 FR 10689
 meeting.
NPRM Comment Period Extended........   04/20/09  74 FR 17910
Comment Period End..................   05/12/09  .......................
Extended Comment Period End.........   08/10/09  .......................
Supplemental NPRM...................   05/20/11  76 FR 29336
Comment Period Extended.............   06/23/11  76 FR 36888
Comment Period End..................   07/19/11  .......................
Comment Period End..................   09/19/11  .......................
Final Rule..........................   10/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Nancy L Claussen, Federal Aviation Administration, 
Department of Transportation, Federal Aviation Administration, 800 
Independence Ave. SW., Washington, DC 20591, Phone: 202 267-8166, 
Email: [email protected].
    RIN: 2120-AJ00

342. +Pilot Certification and Qualification Requirements (Formerly 
First Officer Qualification Requirements) (HR 5900)

    Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 35301 to 45302; 49 
U.S.C. 40113; 49 U.S.C. 40119; 49 U.S.C. 41706; 49 U.S.C. 44101; 49 
U.S.C. 44701(a)(5); 49 U.S.C. 44701 to 44703; 49 U.S.C. 44705; 49 
U.S.C. 44707; 49 U.S.C. 44709 to 44711; 49 U.S.C. 44713; 49 U.S.C. 
44716; 49 U.S.C. 44722; 49 U.S.C. 45102 to 45103; 49 U.S.C. 46105; 49 
U.S.C. 44717; Pub. L. 111-216
    Abstract: This rulemaking would amend the eligibility and 
qualification requirements for pilots engaged in part 121 air carrier 
operations. Additionally, it would modify the requirements for an 
airline transport pilot certificate. These actions are necessary 
because recent airline accidents and incidents have brought 
considerable attention to the experience level and training of air 
carrier flight crews. This rulemaking is a result of requirements in 
Public Law 111-216.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   02/08/10  75 FR 6164
ANPRM Comment Period End............   04/09/10  .......................
NPRM................................   02/29/12  77 FR 12374
NPRM Comment Period End.............   04/30/12  .......................
Final Rule..........................   05/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Barbara Adams, Department of Transportation, 
Federal Aviation Administration, 800 Independence Ave. SW., Washington, 
DC 20591, Phone: 202 267-8166, Email: [email protected].
    RIN: 2120-AJ67

343. +Safety Management Systems for Certificate Holders (Section 610 
Review)

    Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 40113; 49 U.S.C. 
40119; 49 U.S.C. 41706; 49 U.S.C. 44101; 49 U.S.C. 44701; 49 U.S.C. 
44702; 49 U.S.C. 44705; 49 U.S.C. 44709 to 44711; 49 U.S.C. 44713; 49 
U.S.C. 44716; 49 U.S.C. 44717; 49 U.S.C. 44722; 49 U.S.C. 46105; Pub. 
L. 111-216, sec 215
    Abstract: This rulemaking would require each certificate holder 
operating under 14 CFR part 121 to develop and implement a safety 
management system (SMS) to improve the safety of its aviation related 
activities. A safety management system is a comprehensive, process-
oriented approach to managing safety throughout an organization. An SMS 
includes an organization-wide safety policy; formal methods for 
identifying hazards, controlling, and continually assessing risk and 
safety performance; and promotion of a safety culture. SMS stresses not 
only compliance with technical standards but increased emphasis on the 
overall safety performance of the organization.This rulemaking is 
required under Public Law 111-216, section 215.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/05/10  75 FR 68224
NPRM Comment Period Extended........   01/31/11  76 FR 5296
NPRM Comment Period End.............   02/03/11  .......................
NPRM Comment Period Extended End....   03/07/11  .......................
Final Rule..........................   04/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Scott VanBuren, Department of Transportation, 
Federal Aviation Administration, 800 Independence Ave. SW., Washington, 
DC 20591, Phone: 202 494-8417, Email: [email protected].
    RIN: 2120-AJ86

BILLING CODE 4910-13-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Proposed Rule Stage

344. +Electronic Logging Devices and Hours of Service Supporting 
Documents

    Legal Authority: 49 U.S.C. 31502; 31136(a); Pub. L. 103.311; 49 
U.S.C. 31137(a)
    Abstract: This rulemaking would establish: (1) Minimum performance 
standards for electronic logging devices (ELDs); (2) requirements for 
the

[[Page 1611]]

mandatory use of the devices by drivers required to prepare handwritten 
records of duty status (RODS); (3) requirements concerning HOS 
supporting documents; and (4) measures to ensure that the mandatory use 
of ELDs will not result in harassment of drivers by motor carriers and 
enforcement officials. This rulemaking would supplement the Agency's 
February 1, 2011, Notice of Proposed Rulemaking (NPRM) and address 
issues raised by the U.S. Court of Appeals for the Seventh Circuit 
Court in its 2011 decision vacating the Agency's April 5, 2010, final 
rule concerning ELDs. This action would improve compliance with the 
hours-of-service (HOS) rules and thereby decrease the risk of fatigue-
related crashes attributable to non-compliance with the applicable HOS 
requirements.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/01/11  76 FR 5537
NPRM Comment Period End.............   02/28/11  .......................
Comment Period Extended.............   03/10/11  76 FR 13121
Extended Comment Period End.........   05/23/11  .......................
Supplemental NPRM...................   07/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Deborah M. Freund, Senior Transportation 
Specialist, Department of Transportation, Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, 
Phone: 202-366-5370, Email: [email protected].
    RIN: 2126-AB20

345. +Inspection, Repair, and Maintenance; Driver-Vehicle Inspection 
Report (RRR)

    Legal Authority: 49 U.S.C. 31136; 49 U.S.C. 31502
    Abstract: This rulemaking would rescind the requirement that 
commercial motor vehicle (CMV) drivers operating in interstate commerce 
submit, and motor carriers retain, driver-vehicle inspection reports 
when the driver has neither found nor been made aware of any vehicle 
defects or deficiencies. Specifically, this rulemaking would remove a 
significant information collection burden without adversely impacting 
safety. This rulemaking would remove a significant information 
collection burden without adversely impacting safety. The value of the 
time saved by eliminating the paperwork burden associated with the 
filing of no-defect DVIRs is more than 1 billion dollars per year. This 
rulemaking responds in part to the President's January 2012 Regulatory 
Review and Reform initiative.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Sean Gallagher, MC-PRR, Department of 
Transportation, Federal Motor Carrier Safety Administration, 1200 New 
Jersey Ave. SE., Washington, DC 20590, Phone: 202 366-3740, Email: 
[email protected].
    RIN: 2126-AB46

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Final Rule Stage

346. +Unified Registration System

    Legal Authority: Pub. L. 104-88; 109 Stat 803, 888 (1995); 49 
U.S.C. 13908; Pub. L. 109-159, sec 4304
    Abstract: This rule would establish a new Unified Registration 
System (URS) to replace three legacy systems in support of 
FMCSA[acute]s safety and commercial oversight responsibilities. It 
would require all entities subject to FMCSA jurisdiction to comply with 
a new URS registration and biennial update requirement, disclose the 
cumulative registration information collected by URS and provides a 
cross-reference to all regulatory requirements necessary to obtain 
permanent registration. It implements statutory provisions in the ICC 
Termination Act and SAFTEA-LU. URS 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 has determined the total net societal 
benefits of the rule to be $19.5 million and the total societal costs 
to be $26.5 million.
    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...................   10/26/11  76 FR 66506
Comment Period End..................   12/27/11  .......................
Final Rule..........................   04/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Valerie Height, Management Analyst, Department of 
Transportation, Federal Motor Carrier Safety Administration, Office of 
Policy (MC-PRR), 1200 New Jersey Avenue SE., Washington, DC 20590, 
Phone: 202-366-0901, Email: [email protected].
    RIN: 2126-AA22

347. Self Reporting of Out-of-State Convictions (RRR) (Section 610 
Review)

    Legal Authority: Commercial Motor Vehicle Safety Act of 1986
    Abstract: This rulemaking would clarify the requirement for holders 
of commercial drivers licenses (CDL) convicted of violating traffic 
laws in a State other than the State that issued their CDL, to notify 
the State of issuance about those violations under part 383.31 of 
FMCSA's Commercial Drivers License Standards; and clarify the 
requirement for the licensing agency from the jurisdiction in which the 
conviction takes place to notify the State licensing Agency that issued 
the CDL under part 384.209 State Compliance with Commercial Drivers 
License Program. This rulemaking would also ensure that notifications 
required in sections 383.31 and 384.209 take place within 30 days of 
the conviction.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/02/12  77 FR 46010
NPRM Comment Period End.............   10/01/12  .......................
Final Rule..........................   06/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Robert Redmond, Senior Transportation Specialist, 
Department of Transportation, Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, 
Phone: 202-366-5014, Email: [email protected].
    RIN: 2126-AB43
BILLING CODE 4910-EX-P


[[Page 1612]]



DEPARTMENT OF TRANSPORTATION (DOT)

Federal Railroad Administration (FRA)

Proposed Rule Stage

348. +Critical Incident Stress PLAN; ``Critical Incident'' Definition

    Legal Authority: Pub. L. 110-432, Div A, 122 Stat 4848 et seq.; 
Rail Safety Improvement Act of 2008 sec 410(c)
    Abstract: This rulemaking would seek to define the term ``critical 
incident.'' This rulemaking would also seek to define program elements 
appropriate for the rail environment for certain railroad[acute]s 
critical incident response programs, so that appropriate action is 
taken when a railroad employee is involved in or directly witnesses a 
critical incident.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kathryn Shelton, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 1200 New Jersey Ave. 
SE., Washington, DC 20590, Phone: 202 493-6063, Email: 
[email protected].
    RIN: 2130-AC00

349. Risk Reduction Program (RRR)

    Legal Authority: Pub. L. 110-432, Div A, 122 Stat 4848 et seq.; 
Rail Safety Improvement Act of 2008; sec 103, 49 U.S.C. 20156 
``Railroad Safety Risk Reduction Program''
    Abstract: This rulemaking would require each Class I railroad and 
each railroad with inadequate safety performance to develop and 
implement a Risk Reduction Program (RRP) to improve the safety of their 
operations. Each RRP would be required to include a risk analysis, a 
technology implementation plan, and a fatigue management plan. 
Railroads would be required to conduct annual internal assessments of 
their RRPs, which could also be externally audited by FRA.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   12/08/10  75 FR 76345
ANPRM Comment Period End............   02/07/11
NPRM................................   05/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kathryn Shelton, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 1200 New Jersey Ave 
SE., Washington, DC 20590, Phone: 202 493-6063, Email: 
[email protected].
    RIN: 2130-AC11

350. +Positive Train Control Systems: De Minimis Exception, Yard 
Movements, En Route Failures; Miscellaneous Grade Crossing/Signal and 
Train Control Amendments (RRR)

    Legal Authority: 49 U.S.C. 20102 to 20103; 28 U.S.C. 2461, note; 49 
CFR 1.49; 49 U.S.C. 20107; 49 U.S.C. 20133; 49 U.S.C. 20141; 49 U.S.C. 
20157; 49 U.S.C. 20301 to 20303; 49 U.S.C. 20306; 49 U.S.C. 21301 to 
21302; 49 U.S.C. 21304
    Abstract: This rulemaking would revise Positive Train Control 
regulations by defining the de minimis exception and en route failures, 
proposing exceptions relating to yard movements that may not be 
considered on the main line system, and amending regulations governing 
grade crossing and signal and train control systems. The rulemaking is 
in response to a petition for rulemaking from the Association of 
American Railroads.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/11/12  77 FR 73589
NPRM Comment Period End.............   02/11/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kathryn Shelton, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 1200 New Jersey Ave. 
SE., Washington, DC 20590, Phone: 202 493-6063, Email: 
[email protected].
    RIN: 2130-AC32

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Railroad Administration (FRA)

Final Rule Stage

351. Roadway Worker Protection; Miscellaneous Revisions

    Legal Authority: 28 U.S.C. 2461; 49 CFR 1.49; 49 U.S.C. 20103; 49 
U.S.C. 20107; 49 U.S.C. 21301; 49 U.S.C. 21304
    Abstract: This rulemaking would revise FRA's Roadway Worker 
Protection regulations in 49 CFR, Part 214, to further advance the on-
track safety of railroad employees and contractors engaged in 
maintenance-of-way activities throughout the general railroad system of 
transportation, including clarification of existing regulations. In 
doing so, FRA will review existing technical bulletins and a safety 
advisory dealing with on-track safety to consider implications, and as 
appropriate, consider enhancements to the existing regulations.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/20/12  77 FR 50324
NPRM Comment Period End.............   10/19/12
Final Rule..........................   10/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kathryn Shelton, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 1200 New Jersey Ave. 
SE., Washington, DC 20590, Phone: 202 493-6063, Email: 
[email protected].
    RIN: 2130-AB89

352. +Training Standards for Railroad Employees (RRR)

    Legal Authority: Pub. L. 110 thru 432, Div A, 122 Stat 4848 et 
seq.; Railroad Safety Improvement Act of 2008; sec 401 (49 U.S.C. 
20162)
    Abstract: This rulemaking would (1) Establish minimum training 
standards for each class or craft of safety-related employee and 
equivalent railroad contractor and subcontractor employee that require 
railroads, contractors, and subcontractors to qualify or otherwise 
document the proficiency of such employees in each such class and craft 
regarding their knowledge and ability to comply with Federal railroad 
safety laws and regulations and railroad rules and procedures intended 
to implement those laws and regulations, etc.; (2) require submission 
of railroads', contractors', and subcontractors' training and 
qualification programs for FRA approval; and (3) establish a minimum 
training curriculum and ongoing training criteria, testing, and skills 
evaluation measures for track and equipment inspectors employed by 
railroads and railroad contractor and subcontractors. It is anticipated 
that crane operator provisions contained in this rulemaking will 
further the objectives of EO 13563.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/07/12  77 FR 6412
NPRM Comment Period End.............   04/09/12
Final Rule..........................   05/00/13
------------------------------------------------------------------------


[[Page 1613]]

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kathryn Shelton, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 1200 New Jersey Ave. 
SE., Washington, DC 20590, Phone: 202 493-6063, Email: 
[email protected].
    RIN: 2130-AC06

353. +Emergency Escape Breathing Apparatus (RRR)

    Legal Authority: Pub. L. 110-432, Div A, 122 Stat 4848 et seq.; 
Rail Safety Improvement Act of 2008; sec 413 49 U.S.C. 20166
    Abstract: This rulemaking would prescribe regulations that require 
railroads to provide specified emergency escape breathing apparatus for 
all crew members in locomotive cabs on freight trains carrying poison-
inhalation-hazard hazardous material and provide training in its use.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/05/10  75 FR 61386
NPRM Comment Period End.............   12/06/10
Final Rule..........................   07/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kathryn Shelton, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 1200 New Jersey Ave. 
SE., Washington, DC 20590, Phone: 202-493-6063, Email: 
[email protected].
    RIN: 2130-AC14

354. Passenger Train Emergency Systems; Doors, Emergency Lighting, 
Emergency Signage and Markings for Egress and Access, and Low-Location 
Emergency Exit Path Marking; Miscellaneous Amendments

    Legal Authority: 28 U.S.C. 241, note; 49 CFR 1.49; 49 U.S.C. 20103, 
20107, 20133, 20141, 20302 to 20303, 20306, 20701 to 20702; 49 U.S.C. 
21301 to 21302, 21304
    Abstract: This rulemaking would amend the passenger equipment 
safety standards to enhance standards for passenger train emergency 
systems and would clarify the passenger train emergency preparedness 
standards. Specifically, FRA would incorporate by reference three APTA 
emergency system standards: ``Standard for Emergency Lighting System 
Design for Passenger Cars,'' ``Standard for Emergency Signage for 
Egress/Access of Passenger Rail Equipment,'' and ``Standard for Low-
Location Exit Path Marking.'' Miscellaneous amendments to FRA's 
existing regulations would include: (1) Clarifying that new passenger 
cars must have at least two exterior side doors, one on each side; (2) 
requiring removable panels/windows in vestibule doors for new passenger 
cars; (3) consolidating various door requirements into one section for 
easier reference; and (4) revising part 239 to explicitly address train 
crew participation in debrief and critique sessions.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/03/12  77 FR 154
NPRM Comment Period End.............   03/05/12
Final Rule..........................   02/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kathryn Shelton, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 1200 New Jersey Ave. 
SE., Washington, DC 20590, Phone: 202-493-6063, Email: 
[email protected].
    RIN: 2130-AC22

355. Amendments Expanding the Drug Panel for FRA Post-Accident 
Toxicological Testing

    Legal Authority: 28 U.S.C. 2461, note; 49 CFR 1.49(m); 49 U.S.C. 
20103; 49 U.S.C. 20107; 49 U.S.C. 20140; 49 U.S.C. 21301; 49 U.S.C. 
21304
    Abstract: This rulemaking would expand the drug testing panel for 
FRA's post-accident toxicological testing (PATT) program, which 
investigates the role of alcohol and drug use in serious train 
accidents. This rulemaking would also amend the requirements regarding 
the analysis of PATT results in 49 CFR 219.211 to reflect that some of 
the drugs in the expanded panel are prescription and over-the-counter 
drugs that are not controlled substances. FRA has tested for the same 
basic panel of drugs since the beginning of PATT in 1985. Currently, 
FRA tests blood and urine specimens for eight drug classifications: 
alcohol, marijuana, cocaine, the opiates, the amphetamines, 
phencyclidine (PCP), the barbiturates, and the benzodiazepines. FRA 
would expand the PATT panel to include synthetic opiates, sedating 
antihistamines, MDMA and one of its analogues, and additional 
benzodiazepines. This rulemaking does not make any substantive changes 
to the prohibitions on the abuse of controlled substances and 
prescription drugs found in 49 CFR 219.102 and 219.103.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/17/12  77 FR 29307
NPRM Comment Period End.............   07/16/12
Final Rule..........................   01/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kathryn Shelton, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 1200 New Jersey Ave. 
SE., Washington, DC 20590, Phone: 202-493-6063, Email: 
[email protected].
    RIN: 2130-AC24

356. Track Safety Standards: Improving Rail Integrity (RRR)

    Legal Authority: 28 U.S.C. 2461, note; 49 CFR 1.49; 49 U.S.C. 20102 
to 20114; 49 U.S.C. 20142; sec 403, Div A; Pub. L. 110-432, 122 Stat 
4885
    Abstract: This rulemaking would prescribe specific requirements for 
effective rail inspection frequencies, rail flaw remedial actions, 
minimum operator qualifications, and requirements for rail inspection 
records. In addition, it would remove the regulatory requirements 
concerning joint bar fracture reporting. Section 403(c) of the Rail 
Safety Improvement Act of 2008 mandates that FRA promulgate regulations 
addressing rail flaw detection inspections.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/19/12  77 FR 64249
NPRM Comment Period End.............   12/18/12
Final Rule..........................   09/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kathryn Shelton, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 1200 New Jersey Ave. 
SE., Washington, DC 20590, Phone: 202-493-6063, Email: 
[email protected].
    RIN: 2130-AC28

357. Railroad System Safety Program

    Legal Authority: 49 U.S.C. 20103; 49 U.S.C. 20107; 49 U.S.C. 20133; 
49 U.S.C. 21301 to 21302; 49 U.S.C. 21304; 49 U.S.C. 21311; 28 U.S.C. 
2461, note; 49 CFR 1.49
    Abstract: This rulemaking would improve passenger railroad safety 
through structured, proactive processes and procedures developed by 
passenger railroad operators. It would require passenger railroads to 
establish a System Safety Program that would

[[Page 1614]]

systematically evaluate and manage risks in order to reduce the number 
and rates of railroad accidents, incidents, injuries and fatalities. 
This rulemaking was bifurcated from 2130-AC11.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/07/12  77 FR 55372
NPRM Comment Period End.............   11/06/12
Final Rule..........................   07/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kathryn Shelton, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 1200 New Jersey Ave. 
SE., Washington, DC 20590, Phone: 202 493-6063, Email: 
[email protected].
    RIN: 2130-AC31

358. Revisions to Passenger Train Emergency Preparedness Regulations

    Legal Authority: 49 U.S.C. 20103; 49 U.S.C. 20107; 49 U.S.C. 20133; 
49 U.S.C. 20141; 49 U.S.C. 20302 to 20303; 49 U.S.C. 20306; 49 U.S.C. 
20701 to 20702; 49 U.S.C. 21301 to 21302; 49 U.S.C. 21304; 28 U.S.C. 
2461, note; 49 CFR 1.49
    Abstract: The rulemaking would propose a series of unrelated 
revisions to 49 CFR part 239. These proposed revisions would: (1) 
Create a definition for emergency response communication centers to 
ensure that railroad personnel who coordinate first responders receive 
control center employee training provided by part 239; (2) require 
railroads develop procedures to promote the safe evacuation of disabled 
passengers; (3) make the FRA emergency preparedness plan approval 
process more efficient; and (4) create new testing and inspection 
requirements for railroads covered by part 239. These revisions are 
based on a recommendation made to FRA by the Railroad Safety Advisory 
Committee.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/27/12  77 FR 38248
NPRM Comment Period End.............   08/27/12
Final Rule..........................   05/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kathryn Shelton, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 1200 New Jersey Ave. 
SE., Washington, DC 20590, Phone: 202 493-6063, Email: 
[email protected].
    RIN: 2130-AC33

359. Roadway Worker Protection; Adjacent-Track On-Track Safety--
Response to Petitions for Reconsideration

    Legal Authority: 49 U.S.C. 20103
    Abstract: This rulemaking would respond to petitions for 
reconsideration of the final rule published on November 30, 2011. FRA 
received two petitions for reconsideration of the final rule from 
railroad industry organizations. The first petition raised concern with 
the final rule's cost-benefit analysis and requested several amendments 
to the final rule to lessen the potential costs. The second petition 
discussed the final rule's potential impact on passenger train service/
resultant costs and requested an amendment to the final rule to allow 
passenger trains to travel at higher speeds when passing maintenance of 
way work zones implicated by the rulemaking. This Final Rule will make 
amendments to the original Adjacent-Track On-Track Safety Final Rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   01/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kathryn Shelton, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 1200 New Jersey Ave. 
SE., Washington, DC 20590, Phone: 202 493-6063, Email: 
[email protected].
    RIN: 2130-AC37

360.  Telephonic Notification at Grade Crossings--Response to 
Petitions for Reconsideration

    Legal Authority: 28 U.S.C. 2461, note; 49 CFR 1.49; 49 U.S.C. 
20103; 49 U.S.C. 20107; 49 U.S.C. 20152; 49 U.S.C. 21301; 49 U.S.C. 
21304; 49 U.S.C. 21311; 49 U.S.C. 22501, note; Pub. L. 110-432, Div, 
sec 202, 205
    Abstract: The rulemaking would respond to petitions for 
reconsideration of the final rule published June 12, 2012. This final 
rule will make amendments to the original Systems for Telephonic 
Notification of Unsafe Conditions at Highway-Rail and Pathway Grade 
Crossings Final Rule. Amendments will be made to certain compliance 
dates, signage, and third-party telephone service requirements.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   01/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kathryn Shelton, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 1200 New Jersey Ave. 
SE., Washington, DC 20590, Phone: 202 493-6063, Email: 
[email protected].
    RIN: 2130-AC38

361.  Locomotive Safety Standards Amendments--Response to 
Petitions for Reconsideration

    Legal Authority: 49 U.S.C. 20701
    Abstract: This rulemaking would amend and clarify certain sections 
of the Locomotive Safety Standards final rule that was issued on April 
9, 2012. In response to eight petitions for reconsideration of the 
final rule, this rulemaking would amend and clarify the requirements 
related to remote control locomotives (RCL), locomotive alerters, and 
locomotive electronics. This rulemaking would also clarify how to 
properly record the air flow method calibration date and the duration 
of the audio indication for RCL.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   01/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kathryn Shelton, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 1200 New Jersey Ave, 
SE., Washington, DC 20590, Phone: 202 493-6063, Email: 
[email protected].
    RIN: 2130-AC39

BILLING CODE 4910-06-P

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Proposed Rule Stage

362. +Pipeline Safety: Safety of On-Shore Liquid Hazardous Pipelines

    Legal Authority: 49 U.S.C. 60101 et seq.
    Abstract: This rulemaking would establish effective procedures that 
hazardous liquid operators can use to improve the protection of High 
Consequence Areas (HCA) and other vulnerable areas along their 
hazardous

[[Page 1615]]

liquid onshore pipelines. PHMSA is considering whether changes are 
needed to the existing regulations covering hazardous liquid onshore 
pipelines, whether other areas should be included as HCAs for integrity 
management (IM) protections, what the repair timeframes should be for 
areas outside the HCAs that are assessed as part of the IM program, 
whether leak detection standards are necessary, valve spacing 
requirements are needed on new construction or existing pipelines, and 
PHMSA should extend regulation to certain pipelines currently exempt 
from regulation. The agency would also address the public safety and 
environmental aspects any new requirements, as well as the cost 
implications and regulatory burden.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   10/18/10  75 FR 63774
ANPRM Comment Period End............   01/18/11
ANPRM Comment Period Extended.......   01/04/11  76 FR 303
ANPRM Extended Comment Period End...   02/18/11
NPRM................................   04/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: John A Gale, Transportation Regulations Specialist, 
Department of Transportation, Pipeline and Hazardous Materials Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, 
Phone: 202 366-0434, Email: [email protected].
    RIN: 2137-AE66

363.  Pipeline Safety: Miscellaneous Amendments Related to 
Reauthorization and Petitions for Rulemaking (RRR)

    Legal Authority: 49 U.S.C. 60101 et seq.
    Abstract: This rulemaking will address miscellaneous issues that 
have been raised because of the reauthorization of the pipeline safety 
program in 2012 and petitions for rulemaking from many affected 
stakeholders. Some of the issues that this rulemaking would address 
include, renewal process for special permits, cost recovery for design 
reviews and incident reporting.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: John A Gale, Transportation Regulations Specialist, 
Department of Transportation, Pipeline and Hazardous Materials Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, 
Phone: 202 366-0434, Email: [email protected].
    RIN: 2137-AE94

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Final Rule Stage

364. +Hazardous Materials: Revisions to Requirements for the 
Transportation of Lithium Batteries

    Legal Authority: 49 U.S.C. 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 would 
respond to several recommendations issued by the National 
Transportation Safety Board.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/11/10  75 FR 1302
NPRM Comment Period End.............   03/12/10
Final Rule..........................   01/00/13
------------------------------------------------------------------------

    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

365. Hazardous Materials: Miscellaneous Amendments (RRR) (Section 610 
Review)

    Legal Authority: 49 U.S.C. 5101 et seq.
    Abstract: This rulemaking would update and clarify existing 
requirements by incorporating changes into the Hazardous Materials 
Regulations (HMR) based on PHMSA's own initiatives through an extensive 
review of the HMR and previously issued letters of interpretation. 
Specifically, among other provisions, PHMSA would provide for the 
continued use of approvals until final administrative action is taken, 
when a correct and completed application for approval renewal was 
received 60 days prior to expiration date; update various entries in 
the hazardous materials table and the corresponding special provisions; 
clarify the lab pack requirements for temperature controlled materials; 
correct an error in the HMR with regard to the inspection of cargo tank 
motor vehicles containing corrosive materials; and revise the training 
requirements to require that hazardous materials employers ensure their 
hazardous materials employee training records are available upon 
request to an authorized official of the Department of Transportation 
or the Department of Homeland Security.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/26/12  77 FR 24885
NPRM Comment Period End.............   06/25/12
Final Rule..........................   01/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Robert Benedict, Transportation Regulations 
Specialist, Department of Transportation, Pipeline and Hazardous 
Materials Safety Administration, 1200 New Jersey Avenue SE., 
Washington, DC 20590, Phone: 202-366-8553, Email: 
[email protected].
    RIN: 2137-AE78

BILLING CODE 4910-60-P

DEPARTMENT OF TRANSPORTATION (DOT)

Maritime Administration (MARAD)

Long-Term Actions

366. +Regulations To Be Followed by All Departments, Agencies and 
Shippers Having Responsibility to Provide a Preference for U.S.-Flag 
Vessels in the Shipment of Cargoes on Ocean Vessels (RRR)

    Legal Authority: 49 CFR 1.66; 46 app U.S.C. 1101; 46 app U.S.C. 
1241; 46 U.S.C. 2302 (e)(1); Pub. L. 91-469
    Abstract: This rulemaking would revise and clarify the Cargo 
Preference rules that have not been revised substantially since 1971. 
Revisions

[[Page 1616]]

would include an updated purpose and definitions section along with the 
removal of obsolete provisions. This rulemaking also would establish a 
new Part 383 to implement the Cargo Preference regulations. This 
rulemaking would cover Public Law 110-417, section 3511, National 
Defense Authorization Act for FY2009 changes to the cargo preference 
rules. The rulemaking also would include compromise, assessment, 
mitigation, settlement, and collection of civil penalties. Originally 
the agency had two separate rulemakings in process under RIN 2133-AB74 
and 2133-AB75. RIN 2133-AB74 would have revised existing regulations 
and RIN 2133-AB75 would have established a new part 383: Guidance and 
Civil Penalties and implement Public Law 110-417, section 3511, 
National Defense Authorization Act for FY 2009. MARAD has decided it 
would be more efficient to merge both efforts under one; RIN 2133-AB75 
has been merged with this action.
    Timetable: Next Action Undetermined.
    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Christine Gurland, Department of Transportation, 
Maritime Administration, 1200 New Jersey Ave SE., Washington, DC 20590, 
Phone: 202 366-5157, Email: [email protected].
    RIN: 2133-AB74

[FR Doc. 2012-31500 Filed 1-7-13; 8:45 am]
BILLING CODE 4910-81-P