[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Proposed Rules]
[Pages 94783-94803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29872]



[[Page 94783]]

Vol. 81

Friday,

No. 247

December 23, 2016

Part XIV





Department of Transportation





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Semiannual Regulatory Agenda

  Federal Register / Vol. 81 , No. 247 / Friday, December 23, 2016 / 
Unified Agenda  

[[Page 94784]]


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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

[DOT-OST-1999-5129]


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 intent of the Agenda is to 
provide the public with information about the Department of 
Transportation's regulatory activity planned for the next 12 months. It 
is expected that this information will enable the public to more 
effectively participate in the Department's regulatory process. 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 Jonathan Moss, Assistant General Counsel for Regulation, 
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.

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 ensure that 
they continue to meet the needs for which they originally were 
designed. To view additional information about the Department'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 its goals and in accordance with 
Executive Order (E.O.) 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 
rulemakings, reviews of existing regulations, and completed actions of 
the Department. These are matters on which action has begun or is 
projected during the next 12 months 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 OST.
    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 Rulemakings

    The Agenda covers all rules and regulations of the Department. We 
have classified rules as significant in the Agenda if they are, 
essentially, very beneficial, controversial, or of substantial public 
interest under our Regulatory Policies and Procedures. All DOT 
significant rulemaking documents are subject to review by the Secretary 
of Transportation. If the Office of Management and Budget (OMB) decided 
a rule is subject to its review under Executive Order 12866, we have 
also classified it as significant in the Agenda.

Explanation of Information on the Agenda

    An Office of Management and Budget memorandum, dated July 27, 2016, 
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 when a rulemaking document may publish; (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

[[Page 94785]]

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 is the letters ``SB,'' ``IC,'' and ``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 a rulemaking 
document may publish. In addition, these dates are based on current 
schedules. Information received after 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 
making 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,'' in 2011 
we 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. Any updates related to our 
retrospective plan and review results 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: October 19, 2016.
 Anthony R. Foxx,
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--Lirio Liu, Director, Office of Rulemaking, 800 Independence Avenue 
SW., Washington, DC 20591; telephone (202) 267-7833.
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.

[[Page 94786]]

FRA--Kathryn Gresham, Office of Chief Counsel, 1200 New Jersey Avenue 
SE., Washington, DC 20590; telephone (202) 493-6063.
FTA--Chaya Koffman, Office of Chief Counsel, 1200 New Jersey Avenue 
SE., Washington, DC 20590; telephone (202) 366-3101.
SLSDC--Carrie Mann Lavigne, Chief Counsel, 180 Andrews Street, Massena, 
NY 13662; telephone (315) 764-3200.
PHMSA--Stephen Gordon, Office of Chief Counsel, 1200 New Jersey Avenue 
SE., Washington, DC 20590; telephone (202) 366-1101.
MARAD--Mitch Hudson, Office of Chief Counsel, Maritime Administration, 
1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-
9373.
OST--Jonathan Moss, Assistant General Counsel for Regulation, 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: 9:00 a.m. to 5:00 p.m.

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 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 it is 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.

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.

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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 in 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

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  49 CFR parts 91             2008            2009
                         through 99 and
                         14 CFR parts
                         200 through 212.
2.....................  48 CFR parts                2009            2010
                         1201 through
                         1253 and new
                         parts and
                         subparts.
3.....................  14 CFR parts 213            2010            2011
                         through 232.
4.....................  14 CFR parts 234            2011            2012
                         through 254.
5.....................  14 CFR parts 255            2012            2013
                         through 298 and
                         49 CFR part 40.
6.....................  14 CFR parts 300            2013            2014
                         through 373.
7.....................  14 CFR parts 374            2014            2015
                         through 398.
8.....................  14 CFR part 399             2015            2016
                         and 49 CFR
                         parts 1 through
                         11.
9.....................  49 CFR parts 17             2016            2017
                         through 28.
10....................  49 CFR parts 29             2017            2018
                         through 39 and
                         parts 41
                         through 89.
------------------------------------------------------------------------

Year 9 (2016) List of Rules That Will Be Analyzed During the Next Year
49 CFR part 17--Intergovernmental review of Department of 
Transportation programs and activities
49 CFR part 20--New restrictions on lobbying
49 CFR part 21--Nondiscrimination In Federally-Assisted Programs of the 
Department of Transportation--Effectuation of Title VI of the Civil 
Rights Act Of 1964
49 CFR part 22--Short-Term Lending Program (STLP)
49 CFR part 23--Participation of Disadvantaged Business Enterprise in 
Airport Concessions
49 CFR part 24--Uniform Relocation Assistance And Real Property 
Acquisition For Federal And Federally-Assisted Programs
49 CFR part 25--Nondiscrimination On The Basis Of Sex in Education 
Programs or Activities Receiving Federal Financial Assistance
49 CFR part 26--Participation by Disadvantaged Business Enterprises in 
Department of Transportation Financial Assistance Programs
49 CFR part 27--Nondiscrimination On The Basis Of Disability in 
Programs or Activities Receiving Federal Financial Assistance
49 CFR part 28--Enforcement of Nondiscrimination On The Basis Of 
Handicap in Programs or Activities Conducted by the Department of 
Transportation
Year 8 (2015) List of Rules With Ongoing Analysis
14 CFR part 399--Fees and Charges for Special Services
49 CFR part 1--Organization and Delegation of Power and Duties
49 CFR part 3--Official Seal
49 CFR part 5--Rulemaking Procedures
49 CFR part 6--Implementation of Equal Access to Justice Act in Agency 
Proceedings
49 CFR part--Public Availability of Information
49 CFR part 8--Classified Information: Classification/Declassification/
Access
49 CFR part 9--Testimony of Employees of the Department and Production 
of Records in Legal Proceedings
49 CFR part 10--Maintenance of and Access to Records Pertaining to 
Individuals
49 CFR part 11--Protection of Human Subjects
Year 7 (2014) List of Rules With Ongoing Analysis
14 CFR part 374--Implementation of the Consumer Credit Protection Act 
with Respect to Air Carriers and Foreign Air Carriers
14 CFR part 374a--Extension of Credit by Airlines to Federal Political 
Candidates
14 CFR part 375--Navigation of Foreign Civil Aircraft within the United 
States
14 CFR part 377--Continuance of Expired Authorizations by Operation of 
Law Pending Final Determination of Applications for Renewal Thereof
14 CFR part 380--Public Charters
14 CFR part 381--Special Event Tours
14 CFR part 382--Nondiscrimination On The Basis Of Disability in Air 
Travel
14 CFR part 383--Civil Penalties
14 CFR part 385--Staff Assignments and Review of Action under 
Assignments
14 CFR part 389--Fees and Charges for Special Services
14 CFR part 398--Guidelines for Individual Determinations of Basic 
Essential Air Service
Year 6 (2013) List of Rules With Ongoing Analysis
14 CFR part 300--Rules of Conduct in DOT Proceedings Under This Chapter
14 CFR part 302--Rules of Practice in Proceedings
14 CFR part 303--Review of Air Carrier Agreements
14 CFR part 305--Rules of Practice in Informal Nonpublic Investigations
14 CFR part 313--Implementation of the Energy Policy and Conservation 
Act
14 CFR part 323--Terminations, Suspensions, and Reductions of Service
14 CFR part 325--Essential Air Service Procedures
14 CFR part 330--Procedures For Compensation of Air Carriers
14 CFR part 372--Overseas Military Personnel Charters
Year 5 (Fall 2012) List of Rules With Ongoing Analysis
14 CFR part 255--Airline Computer Reservations Systems
14 CFR part 256--[Reserved]
14 CFR part 271--Guidelines for Subsidizing Air Carriers Providing 
Essential Air Transportation
14 CFR part 272--Essential Air Service to the Freely Associated States
14 CFR part 291--Cargo Operations in Interstate Air Transportation
14 CFR part 292--International Cargo Transportation
14 CFR part 293--International Passenger Transportation
14 CFR part 294--Canadian Charter Air Taxi Operators
14 CFR part 296--Indirect Air Transportation of Property
14 CFR part 297--Foreign Air Freight Forwarders and Foreign Cooperative 
Shippers Associations
14 CFR part 298--Exemptions for Air Taxi and Commuter Air Carrier 
Operations
Year 4 (Fall 2011) List of Rules With Ongoing Analysis
14 CFR part 240--Inspection of Accounts and Property

[[Page 94788]]

14 CFR part 241--Uniform System of Accounts and Reports for Large 
Certificated Air Carriers
14 CFR part 243--Passenger Manifest Information
14 CFR part 247--Direct Airport-to-Airport Mileage Records
14 CFR part 248--Submission of Audit Reports
14 CFR part 249--Preservation of Air Carrier Records
Year 3 (Fall 2010) List of Rules With Ongoing Analysis
14 CFR part 213--Terms, Conditions, and Limitations of Foreign Air 
Carrier Permits
14 CFR part 214--Terms, Conditions, and Limitations of Foreign Air 
Carrier Permits Authorizing Charter Transportation Only
14 CFR part 215--Use and Change of Names of Air Carriers, Foreign Air 
Carriers, and Commuter Air Carriers
14 CFR part 216--Commingling of Blind Sector Traffic by Foreign Air 
Carriers
14 CFR part 217--Reporting Traffic Statistics by Foreign Air Carriers 
in Civilian Scheduled, Charter, and Nonscheduled Services
14 CFR part 218--Lease by Foreign Air Carrier or Other Foreign Person 
of Aircraft With Crew
14 CFR part 221--Tariffs
14 CFR part 222--Intermodal Cargo Services by Foreign Air Carriers
14 CFR part 223--Free and Reduced-Rate Transportation
14 CFR part 232--Transportation of Mail, Review of Orders of Postmaster 
General
14 CFR part 234--Airline Service Quality Performance Reports
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 98--Enforcement of Restrictions on Post-Employment 
Activities
49 CFR part 99--Employee Responsibilities and Conduct
14 CFR part 200--Definitions and Instructions
14 CFR part 201--Air Carrier Authority Under Subtitle VII of Title 49 
of the United States Code [Amended]
14 CFR part 203--Waiver of Warsaw Convention Liability Limits and 
Defenses
14 CFR part 204--Data To Support Fitness Determinations
14 CFR part 205--Aircraft Accident Liability Insurance
14 CFR part 206--Certificates of Public Convenience and Necessity: 
Special Authorizations and Exemptions
14 CFR part 207--Charter Trips by U.S. Scheduled Air Carriers
14 CFR part 208--Charter Trips by U.S. Charter Air Carriers
14 CFR part 211--Applications for Permits to Foreign Air Carriers
14 CFR part 212--Charter Rules for U.S. and Foreign Direct Air Carriers

Federal Aviation Administration

Section 610 Review Plan
    The Federal Aviation Administration (FAA) has elected to use the 
two-step, two-year process used by most Department of Transportation 
(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% block of the regulations will be analyzed to identify 
those with a significant economic impact on a substantial number of 
small entities (SEISNOSE). During the second year (the ``review 
year''), each rule identified in the analysis year as having a SEISNOSE 
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.

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  14 CFR parts 119            2008            2009
                         through 129 and
                         parts 150
                         through 156.
2.....................  14 CFR parts 133            2009            2010
                         through 139 and
                         parts 157
                         through 169.
3.....................  14 CFR parts 141            2010            2011
                         through 147 and
                         parts 170
                         through 187.
4.....................  14 CFR parts 189            2011            2012
                         through 198 and
                         parts 1 through
                         16.
5.....................  14 CFR parts 17             2012            2013
                         through 33.
6.....................  14 CFR parts 34             2013            2014
                         through 39 and
                         parts 400
                         through 405.
7.....................  14 CFR parts 43             2014            2015
                         through 49 and
                         parts 406
                         through 415.
8.....................  14 CFR parts 60             2015            2016
                         through 77.
9.....................  14 CFR parts 91             2016            2017
                         through 105.
10....................  14 CFR parts 417            2017            2018
                         through 460.
------------------------------------------------------------------------

Background on the Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 as amended (RFA), 
(Sec. Sec.  601 through 612 of Title 5, United States Code (5 U.S.C.)) 
requires Federal regulatory agencies to analyze all proposed and final 
rules to determine their economic impact on small entities, which 
includes small businesses, small organizations, and small governmental 
jurisdictions. The primary purpose of the RFA is to establish as a 
principle of regulatory issuance that Federal agencies endeavor, 
consistent with the objectives of the rule and applicable statutes, to 
fit regulatory and informational requirements to the scale of entities 
subject to the regulation. The FAA performed the required RFA analyses 
of each final rulemaking action and amendment it has initiated since 
enactment of the RFA in 1980.
    Section 610 of 5 U.S.C. requires government agencies to 
periodically review all regulations that will have a SEISNOSE. The FAA 
must analyze each rule within 10 years of its publication date.
Defining SEISNOSE
    The RFA does not define ``significant economic impact.'' Therefore, 
there is no clear rule or number to determine when a significant 
economic impact occurs. However, the Small Business Administration 
(SBA) states that significance should be determined by considering the 
size of the business, the size of the competitor's business, and the 
impact the same regulation has on larger competitors.
    Likewise, the RFA does not define ``substantial number.'' However, 
the legislative history of the RFA suggests that a substantial number 
must be at least one but does not need to be an overwhelming percentage 
such as more than half. The SBA states that the substantiality of the 
number of small businesses affected should be determined on an 
industry-specific basis.
    This analysis consisted of the following three steps:

[[Page 94789]]

     Review of the number of small entities affected by the 
amendments to parts 91 through 105.
     Identification and analysis of all amendments to parts 91 
through 105 since 2006 to determine whether any still have or now have 
a SEISNOSE.
     Review of the FAA Office of Aviation Policy, and Plans 
regulatory flexibility assessment of each amendment performed as 
required by the RFA.
Year 10 (2017) List of Rules To Be Analyzed During the Next Year
14 CFR Part 417--Launch Safety
14 CFR Part 420--License to Operate a Launch Site
14 CFR Part 431--Launch and Reentry of a Reusable Launch Vehicle (RLV)
14 CFR Part 433--License to Operate a Reentry Site
14 CFR Part 43--Reentry of a Reentry Vehicle Other Than a Reusable 
Launch Vehicle (RLV)
14 CFR Part 437--Experimental Permits
14 CFR Part 440--Financial Responsibility
14 CFR Part 460--Human Space Flight Requirements
Year 9 (2016) List of Rules Analyzed and Summary of Results
14 CFR Part 9--General Operating and Flight Rules
     Section 610: The agency conducted a Section 610 review of 
this part and found Amendment 91-314, 75 FR 30193, May 28, 2010; 
Amendment 91-314, 75 FR 30193, May 28, 2010; and Amendment 91-330, 79 
FR 9972, Feb. 21, 2014 trigger SEISNOSE within the meaning of the RFA.
     General: No changes are needed. The FAA has considered a 
number of alternatives in attempts to lower compliance costs for small 
entities, but could not go forward with the lower cost alternatives 
without compromising the safety for the industry.
14 CFR Part 93--Special Air Traffic Rules
     Section 610: The agency conducted a Section 610 review of 
this part and found no SEISNOSE.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden.
14 CFR Part 95--IFR Altitudes
     Section 610: The agency conducted a Section 610 review of 
this part and found there were no amendments since 2016. Therefore, 
part 99 does not trigger SEISNOSE.
     General: No changes are needed.
14 CFR Part 97--Standard Instrument Procedures
     Section 610: The agency conducted a Section 610 review of 
this part and found no SEISNOSE.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden.
14 CFR Part 99--Security Control of Air Traffic
     Section 610: The agency conducted a Section 610 review of 
this part and found there were no amendments since 2016. Therefore, 
part 99 does not trigger SEISNOSE.
     General: No changes are needed.
14 CFR Part 101--Moored Balloons, Kites, Amateur Rockets and Unmanned 
Free Balloons
     Section 610: The agency conducted a Section 610 review of 
this part and found no SEISNOSE.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden.
14 CFR Part 103--Ultralight Vehicles
     Section 610: Section 610: The agency conducted a Section 
610 review of this part and found there were no amendments since 2016. 
Therefore, part 99 does not trigger SEISNOSE.
     General: No changes are needed.
14 CFR Part 105--Parachute Operations
     Section 610: The agency conducted a Section 610 review of 
this part and found no SEISNOSE.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden.

Federal Highway Administration

Section 610 and Other Reviews

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  None............            2008            2009
2.....................  23 CFR Parts 1              2009            2010
                         to 260.
3.....................  23 CFR Parts 420            2010            2011
                         to 470.
4.....................  23 CFR Part 500.            2011            2012
5.....................  23 CFR Parts 620            2012            2013
                         to 637.
6.....................  23 CFR Parts 645            2013            2014
                         to 669.
7.....................  23 CFR Parts 710            2014            2015
                         to 924.
8.....................  23 CFR Parts 940            2015            2016
                         to 973.
9.....................  23 CFR Parts                2016            2017
                         1200 to 1252.
10....................  New parts and               2017            2018
                         subparts.
------------------------------------------------------------------------

Federal-Aid Highway Program

    The Federal Highway Administration (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 highway is chapter I of 
title 23 of the U.S.C. 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 8 (Fall 2015) List of Rules Analyzed and a Summary of Results
23 CFR Part 940--Intelligent Transportation System Architecture and 
Standards
     Section 610: No SEIOSNOSE. No small entities are affected
     General: No changes are needed. These regulations are cost 
effective and impose the least burden. FHWA's plain language review of 
these rules indicates no need for substantial revision.

[[Page 94790]]

23 CFR Part 950--Electronic Toll Collection
     Section 610: No SEIOSNOSE. No small entities are affected
     General: No changes are needed. These regulations are cost 
effective and impose the least burden. FHWA's plain language review of 
these rules indicates no need for substantial revision.
23 FR Part 970--National Park Service Management 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. FHWA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR Part 971--Forest Service Management 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. FHWA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR Part 972--Fish and Wildlife Service Management 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. FHWA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR Part 973--Management Systems Pertaining to the Bureau of Indian 
Affairs and the Indian Reservation Roads Program
     Section 610: No SEIOSNOSE. No small entities are affected
     General: No changes are needed. These regulations are cost 
effective and impose the least burden. FHWA's plain language review of 
these rules indicates no need for substantial revision.
Year 9 (Fall 2016) List of Rules That Will Be Analyzed During the Next 
Year
    23 CFR Part 1200--Uniform Procedures for State Highway Safety Grant 
Programs
    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

Federal Motor Carrier Safety Administration

Section 610 and Other Reviews

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  49 CFR part 372,            2008            2009
                         subpart A.
2.....................  49 CFR part 386.            2009            2010
3.....................  49 CFR parts 325            2010            2011
                         and 390
                         (General).
4.....................  49 CFR parts 390            2011            2012
                         (Small
                         Passenger-
                         Carrying
                         Vehicles), 391
                         to 393 and 396
                         to 399.
5.....................  49 CFR part 387.            2012            2013
6.....................  49 CFR parts                2013            2014
                         360, 365, 366,
                         368, 374, 377,
                         and 378.
7.....................  49 CFR parts                2014            2015
                         356, 367, 369,
                         370, 371, 372
                         (subparts B and
                         C).
8.....................  49 CFR parts                2015            2016
                         373, 376, and
                         379.
9.....................  49 CFR part 375.            2016            2017
10....................  49 CFR part 395.            2017            2018
------------------------------------------------------------------------

Year 7 (Fall 2014) List of Rules With Ongoing Analysis
49 CFR Part 356--Motor Carrier Routing Regulations
     Section 610: There is no SEIOSNOSE. FMCSA requires for-
hire interstate carriers to pay a single $300 registration fee (49 CFR 
part 365); making the process of paying by the route obsolete.
     General: These regulations are cost effective and impose 
the least burden. The commercial routes discussed in this rule have 
been eclipsed by the advent of the Unified Carrier Registration (UCR) 
and the International Registration Plan (IRP). It is our opinion that 
49 CFR part 356 is obsolete and should be removed in its entirety.
49 CFR Part 367--Standards for Registration With States
     Section 610: There is no SEIOSNOSE. This action is not 
economically significant. All costs associated with this rule are 
required pursuant to an explicit Congressional mandate in Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users (SAFETEA-LU). Also, a majority of the fees under the current 
rule replace fees that were paid under the Single State Registration 
System (SSRS). Much of the revenue collected by the new fees would have 
been collected under SSRS from the same entities.
     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.
49 CFR Part 369--Reports of Motor Carriers
     Section 610: There is no SEIOSNOSE. This rule requires the 
reporting of principally financial data and it impacts only a small 
percentage of larger motor carriers (class I and class II carriers).
     General: These regulations are cost effective and impose 
the least burden to carriers. It is our opinion that the rule is 
obsolete and should be removed in its entirety. However, Congressional 
action to modify the statute is required and has not been granted to 
eliminate this regulation.
49 CFR Part 370--Principles and Practices for the Investigation and 
Voluntary Disposition of Loss and Damage Claims and Processing Salvage
     Section 610: There is no SEIOSNOSE, largely due to the 
fact that compliance with the rule is required by contract law and 
prudent commercial business practices.
     General: These regulations are cost effective and impose 
the least burden. This rule offers guidance on the business approach to 
deal with claims made against carriers for loss or damage of property. 
It is our opinion that the 49 CFR part 370 is obsolete in that it 
serves no discernible safety function. The requirement to follow and 
comply with the terms of Bills of Lading contracts are already captured 
by other laws.
49 CFR Part 371--Brokers of Property
     Section 610: There is no SEIOSNOSE. The potential costs 
identified in the Agency's worst case analysis are minimal, and 
represent

[[Page 94791]]

costs that the vast majority of Brokers should already be incurring.
     General: This rule prescribes rules for brokers of 
property. Comments received during the rulemaking process indicate that 
some level of regulation is appropriate and should be retained.

49 CFR Part 372 (Subparts B and C)--Exemptions, Commercial Zones and 
Terminal Areas

     Section 610: There is no SEIOSNOSE. FMCSA requires for-
hire interstate carriers to pay a single $300 registration fee (49 CFR 
part 365). The process addressed under 49 CFR part 372 identifies 
exemptions and commercial zones for which registration fees may not be 
required.
     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 8 (2015) List of Rules Will Ongoing Analysis
49 CFR part 373--Receipts and Bills
49 CFR part 376--Lease and Interchange of Vehicles
49 CFR part 379--Preservation of Records
Year 9 (2016) List of Rules That Will Be Analyzed During the Next Year
49 CFR part 375--Transportation of household goods in interstate 
commerce; consumer protection regulations

National Highway Traffic Safety Administration

Section 610 and Other Reviews

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  49 CFR parts                2008            2009
                         571.223 through
                         571.500, and
                         parts 575 and
                         579.
2.....................  23 CFR parts                2009            2010
                         1200 through
                         1300.
3.....................  49 CFR parts 501            2010            2011
                         through 526 and
                         571.213.
4.....................  49 CFR parts                2011            2012
                         571.131,
                         571.217,
                         571.220,
                         571.221, and
                         571.222.
5.....................  49 CFR parts                2012            2013
                         571.101 through
                         571.110, and
                         571.135,
                         571.138, and
                         571.139.
6.....................  49 CFR parts 529            2013            2014
                         through 578,
                         except parts
                         571 and 575.
7.....................  49 CFR parts                2014            2015
                         571.111 through
                         571.129 and
                         parts 580
                         through 588.
8.....................  49 CFR parts                2015            2016
                         571.201 through
                         571.212.
9.....................  49 CFR parts                2016            2017
                         571.214 through
                         571.219, except
                         571.217.
10....................  49 CFR parts 591            2017            2018
                         through 595 and
                         new parts and
                         subparts.
------------------------------------------------------------------------

Year 8 (Fall 2015) List of Rules Analyzed and a Summary of the Results
49 CFR Part 571.201--Occupant Protection in Interior Impact
     Section 610: There is no SEIOSNOSE.
     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 571.202--Head Restraints; Applicable at the Manufacturers 
Option Until September 1, 2009
     Section 610: There is no SEIOSNOSE.
     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 571.202a--Head Restraints; Mandatory Applicability Begins 
on September 1, 2009
     Section 610: There is no SEIOSNOSE.
     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 571.203--Impact Protection for the Driver From the Steering 
Control System
     Section 610: There is no SEIOSNOSE.
     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 571.204--Steering Control Rearward Displacement
     Section 610: There is no SEIOSNOSE.
     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 571.205--Glazing Materials
     Section 610: There is no SEIOSNOSE.
     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 571.205a--Glazing Equipment Manufactured Before September 
1, 2006 and Glazing Materials Used in Vehicles Manufactured Before 
November 1, 2006
     Section 610: There is no SEIOSNOSE.
     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 571.206--Door Locks and Door Retention Components
     Section 610: There is no SEIOSNOSE.
     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 571.207--Seating Systems
     Section 610: There is no SEIOSNOSE.
     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 571.208--Occupant Crash Protection
     Section 610: There is no SEIOSNOSE.
     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 571.209--Seat Belt Assemblies
     Section 610: There is no SEIOSNOSE.
     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.

[[Page 94792]]

49 CFR Part 571.210--Seat Belt Assembly Anchorages
     Section 610: There is no SEIOSNOSE.
     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 571.211--[Reserved]
49 CFR Part 571.212--Windshield Mounting
     Section 610: There is no SEIOSNOSE.
     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 9 (Fall 2016) List of Rules That Will Be Analyzed During the Next 
Year
49 CFR part 571.214--Side Impact Protection
49 CFR part 571.215--[Reserved]
49 CFR part 571.216--Roof Crush Resistance; Applicable Unless a Vehicle 
Is Certified to 571.216a
49 CFR part 571.216a--Roof Crush Resistance; Upgraded Standard
49 CFR part 571.218--Motorcycle Helmets
49 CFR part 571.219--Windshield Zone Intrusion

Federal Railroad Administration

Section 610 and Other Reviews

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  49 CFR parts 200            2008            2009
                         and 201.
2.....................  49 CFR parts                2009            2010
                         207, 209, 211,
                         215, 238, and
                         256.
3.....................  49 CFR parts                2010            2011
                         210, 212, 214,
                         217, and 268.
4.....................  49 CFR part 219.            2011            2012
5.....................  49 CFR parts                2012            2013
                         218, 221, 241,
                         and 244.
6.....................  49 CFR parts                2013            2014
                         216, 228, and
                         229.
7.....................  49 CFR parts 223            2014            2015
                         and 233.
8.....................  49 CFR parts                2015            2016
                         224, 225, 231,
                         and 234.
9.....................  49 CFR parts                2016            2017
                         222, 227, 235,
                         236, 250, 260,
                         and 266.
10....................  49 CFR parts                2017            2018
                         213, 220, 230,
                         232, 239, 240,
                         and 265.
------------------------------------------------------------------------

Year 8 (Fall 2015) List of Rules Analyzed and a Summary of Results
49 CFR Part 22--Reflectorization of Rail Freight Rolling Stock
     Section 610: There is no SEIOSNOSE.
     General: The regulation requires freight rolling stock 
owners and railroads to have all freight rolling properly equipped with 
retroreflective material within 10 years of the effective date of the 
final rule for the purpose of enhancing its detectability at highway-
rail crossings. Freight rolling stock owners and railroads are also 
required to periodically inspect and maintain that material. The rule 
also established a 10-year implementation schedule to help facilitate 
the initial application of retoreflective material to non-reflectorized 
freight rolling stock. Further, the regulation prescribes standards for 
the application, inspection, and maintenance of retroreflective 
material on rail freight rolling. FRA's plain language review of this 
rule indicates no need for revision.
49 CFR Part 225--Railroad Accidents/Incidents: Reports Classification 
and Investigations
     Section 610: There is no SEIOSNOSE. Section 225.3 
specifically states that certain Internal Control Plan and 
recordkeeping requirements are not applicable to railroads below a 
certain size. FRA makes available a free software package to all 
railroads that would allow for FRA recordkeeping and reporting. FRA 
also makes available the FRA Guide for Preparing Accident/Incident 
Reports, and model Internal Control Plans for small railroads.
     General: Since the FRA needs accurate information on the 
hazards and risks that exist on the nation's railroads to effectively 
carry out its regulatory responsibilities, to determine comparative 
trends of railroad safety, and to develop hazard elimination and risk 
reduction programs that focus on preventing railroad injuries and 
accidents, the requirements set forth in part 225 will improve railroad 
safety for industry employees and general public. FRA's plain language 
review of this rule indicates no need for substantial revision.
49 CFR Part 231--Railroad Safety Appliances Standards
     Section 610: There is no SEIOSNOSE. Small railroads 
generally purchase rail equipment that has already been used in 
transportation by Class I and Class II railroads. As a result, rail 
equipment used by small railroads is often in compliance with Part 231 
standards at the time of acquisition. In addition, small railroads are 
not substantially affected by rail equipment maintenance costs that are 
associated with Part 231 requirements because most rail equipment 
repairs are performed by Class I and Class II railroads and/or billed 
to the car owner. Although Part 231 may have some impact on small 
railroads, FRA has deemed any such impact to be necessary to ensure 
uniform and consistent equipment design requirements, which contribute 
to the safety of railroad employees who work on or about the rail 
equipment.
     General: The rule provides for railroad safety standards 
which are necessary to ensure the protection and safety of railroad 
employees and general public, and to minimize the number of casualties. 
FRA's plain language review of this rule indicates no need for 
substantial revision.
49 CFR Part 234--Grade Crossing Safety
     Section 610: There is no SEIOSNOSE. This rule does not 
apply to railroads that exclusively operate freight trains only on 
track which is not part of the general railroad system of 
transportation, rapid transit operations within an urban area that are 
not connected to the general railroad system of transportation or 
railroads that operates passenger trains only on track inside insular 
installations. Since small railroads have proportionately smaller 
number of grade crossing warning systems to inspect, test and maintain, 
therefore, smaller railroads would have a smaller burden of cost per 
crossing. So far as the State Highway-Rail Grade Crossing Action Plans 
are concerned, the requirements would apply to States--none of which is 
small.
     General: Since the rule prescribes maintenance, inspection 
and testing

[[Page 94793]]

standards for highway-rail grade crossing warning systems, standards 
for the reporting of failures of such systems and minimum actions 
railroads must take when such warning systems malfunction. These 
regulations are necessary to ensure the protection and safety of 
railroad employees and general public, and to minimize the number of 
casualties. FRA's plain language review of this rule indicates no need 
for substantial revision.
Year 8 (Fall 2015) List of Rule(s) That Will Be Analyzed During Next 
Year
49 CFR part 222--Use of Locomotive Horns at Public Highway-Rail Grade 
Crossings
49 CFR part 227--Occupational Noise Exposure
49 CFR part 235--Instructions Governing Applications for Approval of a 
Discontinuance or Material Modification of a Signal System or Relief 
From the Requirements of Part 236
49 CFR part 236--Rules, Standards, and Instructions Governing the 
Installation, Inspection, Maintenance, and Repair of Signal and Train 
Control Systems, Devices, and Appliances
49 CFR part 250--Guarantee of Certificates of Trustees of Railroads in 
Reorganization
49 CFR part 260--Regulations Governing Loans and Loan Guarantees Under 
the Railroad Rehabilitation and Improvement Financing Program
49 CFR part 266--Assistance to States for Local Rail Service Under 
Section 5 of the Department of Transportation Act

Federal Transit Administration

Section 610 and Other Reviews

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  49 CFR parts                2008            2009
                         604, 605, and
                         633.
2.....................  49 CFR parts 661            2009            2010
                         and 665.
3.....................  49 CFR part 633.            2010            2011
4.....................  49 CFR parts 609            2011            2012
                         and 611.
5.....................  49 CFR parts 613            2012            2013
                         and 614.
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            2016            2017
                         and 663.
10....................  49 CFR part 665.            2017            2018
------------------------------------------------------------------------

Year 8 (Fall 2015) List of Rules Analyzed and Summary of Results
49 CFR Part 639--Capital Leases
     Section 610: The agency has determined that the rule 
continues to not have a significant effect on a substantial number of 
small entities. Provisions of the recently enacted Fixing America's 
Surface Transportation (FAST) Act removed the requirement for a 
recipient to conduct a cost-effectiveness analysis before entering any 
lease agreement using Federal capital assistance and removed the 
applicability of part 639 to rolling stock procurements through capital 
leases. However, other provisions of part 639 continue to apply. FTA is 
currently revising the Grant Management Requirements Circular 5010, to 
provide guidance to recipients for the capital lease program. FTA has 
evaluated the likely effects of the proposed rule on small entities and 
requested public comment on proposed revisions to Circular 5010. FTA 
has determined that the proposed revisions and the current regulation 
do not have a significant economic impact on a substantial number of 
small entities.
     General: The rule was promulgated to prescribe 
requirements and procedures to procure capital assets through lease 
agreements with the use of Federal capital assistance. Recently, 
Congress enacted the Fixing America's Surface Transportation Act 
(FAST), Public Law 114-357, (2015). The statue revised the definition 
of capital project so that a recipient is no longer required to conduct 
a cost-effectiveness analysis before leasing public transportation 
equipment or facilities with Federal funds. In addition, the statue 
exempts certain rolling stock procurements from the requirements of 49 
CFR part 639. FTA has proposed revisions to Circular 5010 and requested 
public comment on its proposal to conform its capital lease 
requirements to the FAST Act provisions. Although, the FAST Act has 
revised some requirements of this part, other provisions of the rule 
continue to apply.
Year 9 (Fall 2016)--List of Rule(s) That Will Be Analyzed This Year
49 CFR Part 659--State Safety Oversight and 49 CFR Part 663--Pre-Award 
and Post-Deliver Audits of Rolling Stock Purchases

Maritime Administration

Section 610 and Other Reviews

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  46 CFR parts 201            2008            2009
                         through 205.
2.....................  46 CFR parts 221            2009            2010
                         through 232.
3.....................  46 CFR parts 249            2010            2011
                         through 296.
4.....................  46 CFR parts                2011            2012
                         221, 298, 308,
                         and 309.
5.....................  46 CFR parts 307            2012            2013
                         through 309.
6.....................  46 CFR part 310.            2013            2014
7.....................  46 CFR parts 315            2014            2015
                         through 340.
8.....................  46 CFR parts 345            2015            2016
                         through 381.
9.....................  46 CFR parts 382            2016            2017
                         through 389.
10....................  46 CFR parts 390            2017            2018
                         through 393.
------------------------------------------------------------------------


[[Page 94794]]

Year 6 (2013) List of Rules Analyzed and a Summary of Results
46 CFR Part 310--Merchant Marine Training
     Section 610: There is no SEIONOSE.
     General: Changes that are being considered require 
coordination between multiple offices and Maritime educational 
institutions. Our ongoing review has confirmed that the proposed rule 
will not apply to small entities.
Year 7 (2014) List of Rules Analyzed and a Summary of Results
46 CFR Parts 315 through 340--Subchapter 1-A--National Shipping 
Authority
     Section 610 review: There is no SEIOSNOSE.
     General: The agency is preparing a technical final update 
which will delete obsolete references, including entire parts, and will 
provide new office and contact information. Our ongoing review has 
confirmed that this rule will not apply to small entities.
Year 8 (2015) List of Rules Analyzed and a Summary of Results
46 CFR Part 356--Requirements for Vessels Over 100 Feet or Greater in 
Registered Length To Obtain a Fishery Endorsement to the Vessel's 
Documentation
     Section 610 review: There is no SEIOSNOSE.
     General: The agency is preparing a final rule which will 
implement statutorily required updates. Our ongoing review has 
confirmed that this rule will not apply to small entities.
Year 7 (2014) List of Rules With Ongoing Analysis
46 CFR part 315--Agency Agreements and Appointment of Agents
46 CFR part 317--Bonding of Ship's Personnel
46 CFR part 324--Procedural Rules for Financial Transactions Under 
Agency Agreements
46 CFR part 325--Procedure to be Followed by General Agents in 
Preparation of Invoices and Payment of Compensation Pursuant to 
Provisions of NSA Order No. 47
46 CFR part 326--Marine Protection and Indemnity Insurance Under 
Agreements with Agents
46 CFR part 327--Seamen's Claims; Administrative Action and Litigation
46 CFR part 328--Slop Chests
46 CFR part 329--Voyage Data
46 CFR part 330--Launch Services
46 CFR part 332--Repatriation of Seaman
46 CFR part 335--Authority and Responsibility of General Agents to 
Undertake Emergency Repairs in Foreign Ports
46 CFR part 336--Authority and Responsibility of General Agents to 
Undertake in Continental United States Ports Voyage Repairs and Service 
Equipment of Vessels Operated for the Account of the National Shipping 
Authority Under General Agency Agreement
46 CFR part 337--General Agent's responsibility in Connection with 
Foreign Repair Custom's Entries
46 CFR part 338--Procedure for Accomplishment of Vessel Repairs Under 
National Shipping Authority Master Lump Sum Repair Contract--NSA--
Lumpsumrep
46 CFR part 339--Procedure for Accomplishment of Ship Repairs Under 
National Shipping Authority Individual Contract for Minor Repairs--
NSA--Worksmalrep
46 CFR part 340--Priority Use and Allocation of Shipping Services, 
Container and Chassis and Port Facilities and Services for National 
Security and National Defense Related Operations
Year 8 (2015) List of Rules With Ongoing Analysis
46 CFR part 345--Restrictions Upon the Transfer or Change in Use or in 
Terms Governing Utilization of Port Facilities
46 CFR part 346--Federal Port Controllers
46 CFR part 370--Claims
46 CFR part 381--Cargo Preference--U.S.-Flag Vessels
Year 9 (2016) List of Rules That Will Be Analyzed During the Next Year
46 CFR part 382--Determination of Fair and Reasonable Rates for the 
Carriage of Bulk and Packaged Preference Cargoes on U.S.-Flag 
Commercial Vessels
46 CFR part 385--Research and Development Grant and Cooperative 
Agreements Regulations
46 CFR part 386--Regulations Governing Public Buildings and Grounds at 
the United States Merchant Marine Academy
46 CFR part 387--Utilization and Disposal of Surplus Federal Real 
Property for Development or Operation of a Port Facility
46 CFR part 388--Administrative Waivers of the Coastwise Trade Laws
46 CFR part 389--Determination of Availability of Coast-Wise-Qualified 
Vessels for Transportation of Platform Jackets

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Section 610 and Other Reviews

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  49 CFR part 178.            2008            2009
2.....................  49 CFR parts 178            2009            2010
                         through 180.
3.....................  49 CFR parts 172            2010            2011
                         and 175.
4.....................  49 CFR part 171,            2011            2012
                         sections 171.15
                         and 171.16.
5.....................  49 CFR parts                2012            2013
                         106, 107, 171,
                         190, and 195.
6.....................  49 CFR parts                2013            2014
                         174, 177, 191,
                         and 192.
7.....................  49 CFR parts 176            2014            2015
                         and 199.
8.....................  49 CFR parts 172            2015            2016
                         and 178.
9.....................  49 CFR parts                2016            2017
                         172, 173, 174,
                         176, 177, and
                         193.
10....................  49 CFR parts 173            2017            2018
                         and 194.
------------------------------------------------------------------------


[[Page 94795]]

Year 8 (Fall 2016) List of Rules Analyzed and a Summary of Results
49 CFR Part 172--Hazardous Materials Table, Special Provisions, 
Hazardous Materials Communications, Emergency Response Information, 
Training Requirements, and Security Plans
     Section 610: There is no SEIOSNOSE. A substantial number 
of small entities may be affected by this rule, but the economic impact 
on those entities is not significant. Plain Language: PHMSA's plain 
language review of this rule indicates no need for substantial 
revision. Where confusing or wordy language has been identified, 
revisions have been and will be made to simplify.
     General: This rule prescribes minimum requirements for the 
communication of risks associated with materials classed as hazardous 
in accordance with the Hazardous Materials Regulations (HMR; 49 CFR 
parts 171-180). On June 2, 2016 PHMSA published a final rule entitled 
``Hazardous Materials: Miscellaneous Amendments (RRR)'' 81 FR 35483. As 
this final rule clarifies provisions based on PHMSA's initiatives and 
correspondence with the regulated community, the impact that it will 
have on small entities is not expected to be significant. The changes 
are generally intended to provide relief and, as a result, marginal 
positive economic benefits to shippers, carriers, and packaging 
manufactures and testers, including small entities. These benefits are 
not at a level that can be considered economically significant. 
Consequently, this final rule will not have a significant economic 
impact on a substantial number of small entities. PHMSA's plain 
language review of this rule indicates no need for substantial 
revision.
49 CFR Part 178--Specifications for Packagings
     Section 610: There is no SEIOSNOSE. A substantial number 
of small entities, particularly those that use performance oriented 
packagings, may be affected by this rule, but the economic impact on 
those entities is not significant.
     General: This rule prescribes minimum Federal safety 
standards for the construction of DOT specification packagings, these 
requirements are necessary to protect transportation workers and the 
public and to ensure the survivability of DOT specification packagings 
during transportation incidents. PHMSA's plain language review of this 
rule indicates no need for substantial revision.
Year 9 (Fall 2017) List of Rules That Will Be Analyzed During the Next 
Year
49 CFR part 172--Hazardous Materials Table, Special Provisions, 
Hazardous Materials Communications, Emergency Response Information, 
Training Requirements, and Security Plans
49 CFR part 173--Shippers--General Requirements for Shipments and 
Packagings
49 CFR part 174--Carriage by Rail
49 CFR part 176--Carriage by Vessel
49 CFR part 177--Carriage by Public Highway
49 CFR part 193--Liquefied Natural Gas Faculties: Federal Safety 
Standards

Saint Lawrence Seaway Development Corporation

Section 610 and Other Reviews

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  33 CFR parts 401            2008            2009
                         through 403.
------------------------------------------------------------------------

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--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
355.......................  \+\ Enhancing Airline              2105-AE11
                             Passenger Protections III.
------------------------------------------------------------------------
\+\ DOT-designated significant regulation


             Federal Aviation Administration--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
356.......................  \+\ Applying the Flight,           2120-AK26
                             Duty, and Rest Rules of
                             14 CFR Part 135 to Tail-
                             End Ferry Operations (FAA
                             Reauthorization.
------------------------------------------------------------------------
\+\ DOT-designated significant regulation


          Federal Aviation Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
357.......................  \+\ Airport Safety                 2120-AJ38
                             Management System (Reg
                             Plan Seq No. 88).
358.......................  \+\ Drug and Alcohol               2120-AK09
                             Testing of Certain
                             Maintenance Provider
                             Employees Located Outside
                             of the United States.
359.......................  \+\ Applying the Flight,           2120-AK22
                             Duty, and Rest
                             Requirements to Ferry
                             Flights That Follow
                             Domestic, Flag, or
                             Supplemental All-Cargo
                             Operations
                             (Reauthorization).
360.......................  \+\ Pilot Records Database         2120-AK31
                             (HR 5900).

[[Page 94796]]

 
361.......................  \+\ Aircraft Registration          2120-AK37
                             and Airmen Certification
                             Fees.
362.......................  Qualification, Service,            2120-AK95
                             and Use of Crewmembers
                             and Aircraft Dispatchers--
                             Related Aircraft
                             Amendment.
------------------------------------------------------------------------
\+\ 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--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
363.......................  \+\ Revision of                    2120-AK65
                             Airworthiness Standards
                             for Normal, Utility,
                             Acrobatic, and Commuter
                             Category Airplanes (RRR)
                             (Reg Plan Seq No. 90).
------------------------------------------------------------------------
\+\ 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 No.                    Title             Identifier No.
------------------------------------------------------------------------
364.......................  \+\ Operation and                  2120-AJ60
                             Certification of Small
                             Unmanned Aircraft Systems.
365.......................  Changing the Collective            2120-AK06
                             Risk Limits for Launches
                             and Reentries and
                             Clarifying the Risk Limit
                             Used to Establish Hazard
                             Areas for Ships and
                             Aircraft.
366.......................  Reciprocal Waivers of              2120-AK44
                             Claims for Licensed or
                             Permitted Launch and
                             Reentry Activities (RRR).
367.......................  \+\ Prohibition Against            2120-AK92
                             Certain Flights in the
                             Simferopol (UKFV) and
                             Dnipropetrovsk (UKDV)
                             Flight Information
                             Regions (FIRs) (Section
                             610 Review).
------------------------------------------------------------------------
\+\ DOT-designated significant regulation


      Federal Motor Carrier Safety Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
368.......................  \+\ Commercial Driver's            2126-AB18
                             License Drug and Alcohol
                             Clearinghouse (MAP-21).
369.......................  \+\ Entry-Level Driver             2126-AB66
                             Training (Section 610
                             Review) (Reg Plan Seq No.
                             93).
------------------------------------------------------------------------
\+\ 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 No.                    Title             Identifier No.
------------------------------------------------------------------------
370.......................  \+\ Carrier Safety Fitness         2126-AB11
                             Determination.
------------------------------------------------------------------------
\+\ DOT-designated significant regulation


     Federal Motor Carrier Safety Administration--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
371.......................  Parts and Accessories              2126-AB94
                             Necessary for Safe
                             Operation; Windshield-
                             Mounted Technologies,
                             Final Rule (Section 610
                             Review).
------------------------------------------------------------------------


          Federal Railroad Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
372.......................  \+\ Passenger Equipment            2130-AC46
                             Safety Standards
                             Amendments (RRR).
------------------------------------------------------------------------
\+\ DOT-designated significant regulation


[[Page 94797]]


            Federal Railroad Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
373.......................  \+\ Train Crew Staffing            2130-AC48
                             and Location.
------------------------------------------------------------------------
\+\ DOT-designated significant regulation


            Federal Transit Administration--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
374.......................  \+\ Transit Asset                  2132-AB07
                             Management.
------------------------------------------------------------------------
\+\ DOT-designated significant regulation


  Pipeline and Hazardous Materials Safety Administration--Proposed Rule
                                  Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
375.......................  \+\ Pipeline Safety:               2137-AF06
                             Amendments to Parts 192
                             and 195 to Require Valve
                             Installation and Minimum
                             Rupture Detection
                             Standards.
376.......................  \+\ Hazardous Materials:           2137-AF28
                             Sampling and Testing
                             Requirements for
                             Unrefined Petroleum
                             Products.
------------------------------------------------------------------------
\+\ DOT-designated significant regulation


Pipeline and Hazardous Materials Safety Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
377.......................  +Pipeline Safety: Safety           2137-AE66
                             of Hazardous Liquid
                             Pipelines (Reg Plan Seq
                             No. 99).
378.......................  Pipeline Safety: Issues            2137-AE93
                             Related to the Use of
                             Plastic Pipe in Gas
                             Pipeline Industry (RRR).
379.......................  Pipeline Safety: Operator          2137-AE94
                             Qualification, Cost
                             Recovery, Accident and
                             Incident Notification,
                             and Other Changes (RRR).
380.......................  \+\ Hazardous Materials:           2137-AF08
                             Oil Spill Response Plans
                             and Information Sharing
                             for High-Hazard Flammable
                             Trains (Reg Plan Seq No.
                             100).
------------------------------------------------------------------------
\+\ DOT-designated significant regulation
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


               Maritime Administration--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
381.......................  \+\ Cargo Preference......         2133-AB74
------------------------------------------------------------------------
\+\ DOT-designated significant regulation


DEPARTMENT OF TRANSPORTATION (DOT)

Office of the Secretary (OST)

Final Rule Stage

355. +Enhancing Airline Passenger Protections III

    Legal Authority: 49 U.S.C. 41712; 49 U.S.C. 40101; 49 U.S.C. 41702
    Abstract: The rulemaking previously titled ``Airline Pricing 
Transparency and Other Consumer Protection Issues'' has been separated 
into three proceedings. This final rule would address the following 
topics from the notice of proposed rulemaking issued on May 23, 2014: 
The scope of carriers required to report service quality data, 
reporting of mainline carriers' domestic code-share partner operations; 
the statutory requirement that carriers and ticket agents disclose any 
code-share arrangements on their Web sites; undisclosed biasing by 
carriers and ticket agents in electronic displays of flight search 
results; and disclosure by ticket agents of the carriers whose tickets 
they sell in order to avoid having consumers mistakenly believe they 
are searching all possible flight options for a particular city-pair 
market when in fact there may be other options available. Additionally, 
the rulemaking would correct drafting errors and make a few clarifying 
changes to the Department's second Enhancing Airline Passenger 
Protections rule. Two other proceedings will address other provisions 
identified in the 2014 NPRM. See RIN 2105-AE56, Transparency of Airline 
Ancillary Service Fees; and RIN 2105-AE57, Enhancing Airline Passenger 
Protections IV. These rulemakings address unrelated matters and were 
separated into three proceedings to avoid the risk of any delay in 
finalizing one issue resulting in a delay in finalizing other issues.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/23/14  79 FR 29970
Final Rule..........................   11/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Blane A. Workie, Principal Deputy Assistant General 
Counsel, Department of Transportation, Office of the Secretary, 1200 
New Jersey

[[Page 94798]]

Avenue SE., Washington, DC 20590, Phone: 202 366-9342, TDD Phone: 202 
755-7687, Fax: 202 366-7152, Email: [email protected].
    RIN: 2105-AE11

BILLING CODE 4910-9X-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Prerule Stage

356. +Applying the Flight, Duty, and Rest Rules of 14 CFR Part 135 to 
Tail-End Ferry Operations (FAA Reauthorization)

    Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 1153; 49 U.S.C. 40101 
to 40103; 49 U.S.C. 40113; 49 U.S.C. 41706; 49 U.S.C. 44105 to 44106; 
49 U.S.C. 44111; 49 U.S.C. 44701 to 44717; 49 U.S.C. 44722; 49 U.S.C. 
44901; 49 U.S.C. 44903 to 44904; 49 U.S.C. 44906; 49 U.S.C. 44912; 49 
U.S.C. 44914; 49 U.S.C. 44936; 49 U.S.C. 44938; 49 U.S.C. 45101 to 
45105; 49 U.S.C. 46103
    Abstract: This rulemaking would require a flightcrew member who is 
employed by an air carrier conducting operations under part 135, and 
who accepts an additional assignment for flying under part 91 from the 
air carrier or from any other air carrier conducting operations under 
part 121 or 135, to apply the period of the additional assignment 
toward any limitation applicable to the flightcrew member relating to 
duty periods or flight times under part 135.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   03/00/17  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dale Roberts, Department of Transportation, Federal 
Aviation Administration, 800 Independence Avenue SW., Washington, DC 
20591, Phone: 202 267-5749, Email: [email protected].
    RIN: 2120-AK26

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Proposed Rule Stage

357. +Airport Safety Management System

    Regulatory Plan: This entry is Seq. No. 88 in part II of this issue 
of the Federal Register.
    RIN: 2120-AJ38

358. +Drug and Alcohol Testing of Certain Maintenance Provider 
Employees Located Outside of the United States

    Legal Authority: 14 CFR; 49 U.S.C. 106(g); 49 U.S.C. 40113; 49 
U.S.C. 44701 to 44702; 49 U.S.C. 44707; 49 U.S.C. 44709; 49 U.S.C. 
44717
    Abstract: This rulemaking is required by the FAA Modernization and 
Reform 2012. It would require controlled substance testing of some 
employees working in repair stations located outside the United States. 
The intended effect is to increase participation by companies outside 
of the United States in testing of employees who perform safety 
critical functions and testing standards similar to those used in the 
repair stations located in the United States. This action is necessary 
to increase the level of safety of the flying public. This rulemaking 
is required by the FAA Modernization and Reform Act of 2012.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   03/17/14  79 FR 14621
Comment Period Extended.............   05/01/14  79 FR 24631
ANPRM Comment Period End............   05/16/14  .......................
Comment Period End..................   07/17/14  .......................
NPRM................................   05/00/17  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Vicky Dunne, Department of Transportation, Federal 
Aviation Administration, 800 Independence Avenue SW., Washington, DC 
20591, Phone: 202 267-8522, Email: [email protected].
    RIN: 2120-AK09

359. +Applying the Flight, Duty, and Rest Requirements to Ferry Flights 
That Follow Domestic, Flag, or Supplemental All-Cargo Operations 
(Reauthorization)

    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 to 44702; 49 
U.S.C. 44705; 49 U.S.C. 44709 to 44711; 49 U.S.C. 44713; 49 U.S.C. 
44716 to 44717
    Abstract: This rulemaking would require a flightcrew member who 
accepts an additional assignment for flying under part 91 from the air 
carrier or from any other air carrier conducting operations under part 
121 or 135 of such title, to apply the period of the additional 
assignment toward any limitation applicable to the flightcrew member 
relating to duty periods or flight times. This rule is necessary as it 
will make part 121 flight, duty, and rest limits applicable to tail-end 
ferries that follow an all-cargo flight.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/17  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dale Roberts, Department of Transportation, Federal 
Aviation Administration, 800 Independence Avenue SW., Washington, DC 
20591, Phone: 202 267-5749, Email: [email protected].
    RIN: 2120-AK22

360. +Pilot Records Database (HR 5900)

    Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 1155; 49 U.S.C. 40103; 
49 U.S.C. 40113; 49 U.S.C. 40119 to 40120; 49 U.S.C. 41706; 49 U.S.C. 
44101; 49 U.S.C. 44111; 49 U.S.C. 44701 to 44705; 49 U.S.C. 44709 to 
44713; 49 U.S.C. 44715 to 44717; 49 U.S.C. 44722; 49 U.S.C. 45101 to 
45105; 49 U.S.C. 46105; 49 U.S.C. 46306; 49 U.S.C. 46315 to 46316; 49 
U.S.C. 46504; 49 U.S.C. 46507; 49 U.S.C. 47122; 49 U.S.C. 47508; 49 
U.S.C. 47528 to 47531
    Abstract: This rulemaking would implement a Pilot Records Database 
as required by Public Law 111-216 (Aug. 1, 2010). Section 203 amends 
the Pilot Records Improvement Act by requiring the FAA to create a 
pilot records database that contains various types of pilot records. 
These records would be provided by the FAA, air carriers, and other 
persons who employ pilots. The FAA must maintain these records until it 
receives notice that a pilot is deceased. Air carriers would use this 
database to perform a record check on a pilot prior to making a hiring 
decision.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/00/17  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Bradley Palmer, Department of Transportation, 
Federal

[[Page 94799]]

Aviation Administration, 800 Independence Avenue SW., Washington, DC 
20591, Phone: 202 267-7739, Email: [email protected].
    RIN: 2120-AK31

361. +Aircraft Registration and Airmen Certification Fees

    Legal Authority: 31 U.S.C. 9701; 4 U.S.T. 1830; 49 U.S.C. 106(f); 
49 U.S.C. 106(g); 49 U.S.C. 106(l)(6); 49 U.S.C. 40104 to 40105; 49 
U.S.C. 40109; 49 U.S.C. 40113 to 40114; 49 U.S.C. 44101 to 44108; 49 
U.S.C. 44110 to 44113; 49 U.S.C. 44701 to 44704; 49 U.S.C. 44707; 49 
U.S.C. 44709 to 44711; 49 U.S.C. 44713; 49 U.S.C. 45102 to 45103; 49 
U.S.C. 45301 to 45302; 49 U.S.C. 45305; 49 U.S.C. 46104; 49 U.S.C. 
46301; Pub. L. 108-297, 118 Stat. 1095
    Abstract: This rulemaking would establish fees for airman 
certificates, medical certificates, and provision of legal opinions 
pertaining to aircraft registration or recordation. This rulemaking 
also would revise existing fees for aircraft registration, recording of 
security interests in aircraft or aircraft parts, and replacement of an 
airman certificate. This rulemaking addresses provisions of the FAA 
Modernization and Reform Act of 2012. This rulemaking is intended to 
recover the estimated costs of the various services and activities for 
which fees would be established or revised.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/17  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Mary Lu, Department of Transportation, Federal 
Aviation Administration, 800 Independence Avenue SW., Washington, DC 
20591, Phone: 202 267-7965, Email: [email protected].
    RIN: 2120-AK37

362.  Qualification, Service, and Use of Crewmembers and 
Aircraft Dispatchers--Related Aircraft Amendment

    Legal Authority: 49 U.S.C. 106(f); 49 U.S.C. 106(g); 49 U.S.C. 
40103; 49 U.S.C. 40113; 49 U.S.C. 40119; 49 U.S.C. 41706; 49 U.S.C. 
42301
    Abstract: This rulemaking would allow air carriers to seek a 
deviation from the flight simulation training device (FSTD) 
requirements for related aircraft proficiency checks. In doing so, it 
corrects an inadvertent omission from the Qualification, Service, and 
Use of Crewmembers and Aircraft Dispatchers final rule that allowed air 
carriers to modify training program requirements for flightcrew members 
operating multiple aircraft types with similar design and flight 
handling characteristics.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Sheri Pippin, Department of Transportation, Federal 
Aviation Administration, 15000 Aviation Boulevard, Lawndale, CA 90261, 
Phone: 310 725-7342, Email: [email protected].
    RIN: 2120-AK95

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Final Rule Stage

363. +Revision of Airworthiness Standards for Normal, Utility, 
Acrobatic, and Commuter Category Airplanes (RRR)

    Regulatory Plan: This entry is Seq. No. 90 in part II of this issue 
of the Federal Register.
    RIN: 2120-AK65

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Completed Actions

364. +Operation and Certification of Small Unmanned Aircraft Systems

    Legal Authority: 49 U.S.C. 44701; Pub. L. 112-95
    Abstract: This rulemaking would allow the commercial operation of 
small unmanned aircraft systems (small UAS) in the National Airspace 
System (NAS). These changes would address the operation of small 
unmanned aircraft systems, certification of their operators, 
registration of the small unmanned aircraft, and display of 
registration markings. This action would also find airworthiness 
certification is not required for small unmanned aircraft system 
operations subject to this rulemaking.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/23/15  80 FR 9544
NPRM Comment Period End.............   04/24/15  .......................
Final Rule..........................   06/28/16  81 FR 42063
Final Rule Effective................   08/29/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Lance Nuckolls, Unmanned Aircraft Systems 
Integration Office, Department of Transportation, Federal Aviation 
Administration, 490 L'Enfant Plaza SW., Washington, DC 20024, Phone: 
202-267-8447, Email: [email protected].
    RIN: 2120-AJ60

365. Changing the Collective Risk Limits for Launches and Reentries and 
Clarifying the Risk Limit Used To Establish Hazard Areas for Ships and 
Aircraft

    Legal Authority: 51 U.S.C. 50901 to 50923
    Abstract: This rulemaking would revise the requirements that: (1) 
Establish quantitative public risk acceptability criteria that treat 
launch and reentry separately; (2) define the scope of launch and 
reentry mission for the purposes of quantitative risk analyses (QRA); 
and (3) apply QRA requirements, including uncertainty analysis, equally 
to all types of launch and reentry vehicles. These revisions update the 
current regulations and are consistent with current practices at the 
Federal ranges.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/21/14  79 FR 42241
NPRM Comment Period End.............   10/20/14  .......................
Final Rule..........................   07/20/16  81 FR 47017
Final Rule Effective................   09/19/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Rene Rey, Licensing and Safety Division, Office of 
Commercial Space, Department of Transportation, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20590, 
Phone: 202 267-7538, Email: [email protected].
    RIN: 2120-AK06

366. Reciprocal Waivers of Claims for Licensed or Permitted Launch and 
Reentry Activities (RRR)

    Legal Authority: 49 U.S.C. 322; 51 U.S.C. 50910 to 50923
    Abstract: This rulemaking would ensure customers are waiving claims 
against all other customers involved in a launch or reentry; reduce the 
need for

[[Page 94800]]

operators to request a partial waiver of the reciprocal waiver of 
claims requirements and for the FAA to process those requests; and 
provide a reciprocal waiver template for permittees with no customers, 
reducing the need for the FAA to assist such a permittee in drafting 
its cross waivers.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/13/15  80 FR 2015
NPRM Comment Period End.............   03/16/15  .......................
NPRM Comment Period Reopened........   06/15/15  80 FR 34110
Comment Period End..................   07/15/15  .......................
Final Rule..........................   08/18/16  81 FR 55115
Final Rule Effective................   10/17/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Shirley McBride, Department of Transportation, 
Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20591, Phone: 202 267-7470, Email: 
[email protected].
    RIN: 2120-AK44

367.  +Prohibition Against Certain Flights in the Simferopol 
(UKFV) and Dnipropetrovsk (UKDV) Flight Information Regions (FIRS) 
(Section 610 Review)

    Legal Authority: 126 Stat. 11; 49 U.S.C. 106(f); 49 U.S.C. 106(g); 
49 U.S.C. 1155; 49 U.S.C. 40101; 49 U.S.C. 40103; 49 U.S.C. 40120; 49 
U.S.C. 44101; 49 U.S.C. 44101; 49 U.S.C. 44111; 49 U.S.C. 44701; 49 
U.S.C. 44704; 49 U.S.C. 44709; 49 U.S.C. 44711; 49 U.S.C. 44712; 49 
U.S.C. 44715 to 44717; 49 U.S.C. 44722; 49 U.S.C. 46306; 49 U.S.C. 
46315; 49 U.S.C. 46316; 49 U.S.C. 46504; 49 U.S.C. 46506; 49 U.S.C. 
46507; 49 U.S.C. 47122; 49 U.S.C. 47508; 49 U.S.C. 47528 to 47531; 49 
U.S.C. 47534; 61 Stat. 1180
    Abstract: This action extends the expiration date of the 
Prohibition Against Certain Flights in the Simferopol (UKFV) and 
Dnipropetrovsk (UKDV) Flight Information Regions (FIRs). This action is 
necessary to continue the prohibition on flight operations in the 
Simferopol (UKFV) and Dnipropetrovsk (UKDV) FIRs by all U.S. air 
carriers, U.S. commercial operators, persons exercising the privileges 
of a U.S. airman certificate, except when such persons are operating a 
U.S.-registered aircraft for a foreign air carrier, and operators of 
U.S.-registered civil aircraft, except when such operators are foreign 
air carriers. The FAA finds this action also necessary to address a 
continuing hazard to persons and aircraft engaged in such flight 
operations.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule Effective................   10/17/16  .......................
Final Rule..........................   10/27/16  81 FR 74671
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Michelle Ferritto, Department of Transportation, 
Federal Aviation Administration, 800 Independence Ave. SW., Washington, 
DC 20591, Phone: 202-267-8673, Email: [email protected].
    RIN: 2120-AK92

BILLING CODE 4910-13-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Final Rule Stage

368. +Commercial Driver's License Drug and Alcohol Clearinghouse (MAP-
21)

    Legal Authority: 49 U.S.C. 31306
    Abstract: This rulemaking would create a central database for 
verified positive controlled substances and alcohol test results for 
commercial driver[acute]s license (CDL) holders and refusals by such 
drivers to submit to testing. This rulemaking would require employers 
of CDL holders and service agents to report positive test results and 
refusals to test into the Clearinghouse. Prospective employers, acting 
on an application for a CDL driver position with the applicant[acute]s 
written consent to access the Clearinghouse, would query the 
Clearinghouse to determine if any specific information about the driver 
applicant is in the Clearinghouse before allowing the applicant to be 
hired and to drive CMVs. This rulemaking is intended to increase 
highway safety by ensuring CDL holders, who have tested positive or 
have refused to submit to testing, have completed the U.S. DOT's 
return-to-duty process before driving CMVs in interstate or intrastate 
commerce. It is also intended to ensure that employers are meeting 
their drug and alcohol testing responsibilities. Additionally, 
provisions in this rulemaking would also be responsive to requirements 
of the Moving Ahead for Progress in the 21st Century (MAP-21) Act. MAP-
21 required creation of the Clearinghouse by 10/1/14.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/20/14  79 FR 9703
Comment Period End..................   04/21/14  .......................
Comment Period End..................   04/22/14  79 FR 22467
Comment Period Extended.............   04/22/14  79 FR 22467
Final Rule..........................   11/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Juan Moya, Department of Transportation, Federal 
Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., 
Washington, DC 20590, Phone: 202 366-4844, Email: [email protected].
    RIN: 2126-AB18

369. +Entry-Level Driver Training (Section 610 Review)

    Regulatory Plan: This entry is Seq. No. 93 in part II of this issue 
of the Federal Register.
    RIN: 2126-AB66

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Long-Term Actions

370. +Carrier Safety Fitness Determination

    Legal Authority: 49 U.S.C. 31144; Section 4009 of TEA-21
    Abstract: FMCSA proposes to amend the Federal Motor Carrier Safety 
Regulations (FMCSRs) to adopt revised methodologies that would result 
in a safety fitness determination (SFD). The proposed methodologies 
would determine when a motor carrier is not fit to operate commercial 
motor vehicles (CMVs) in or affecting interstate commerce based on: (1) 
The carrier's on-road safety performance in relation to five of the 
Agency's seven Behavioral Analysis and Safety Improvement Categories 
(BASICs); (2) an investigation; or (3) a combination of on-road safety 
data and investigation information. The intended effect of this action 
is to more effectively use FMCSA data and resources to identify unfit 
motor carriers and to remove them from the Nation's roadways.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/21/16  81 FR 3561

[[Page 94801]]

 
NPRM Comment Period Extended........   03/08/16  81 FR 12062
NPRM Comment Period End.............   03/21/16  .......................
NPRM Extended Comment Period End....   05/23/16  .......................
Next Action Undetermined............  .........  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: David Miller, Regulatory Development Division, 
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-AB11

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Completed Actions

371.  Parts and Accessories Necessary for Safe Operation; 
Windshield-Mounted Technologies, Final Rule (Section 610 Review)

    Legal Authority: Pub. L. 114-94
    Abstract: FMCSA amends the Federal Motor Carrier Safety Regulations 
(FMCSRs) to allow the voluntary mounting of certain devices on the 
interior of the windshields of commercial motor vehicles (CMVs), 
including placement within the area that is swept by the windshield 
wipers. The Fixing America's Surface Transportation (FAST) Act directs 
FMCSA to amend the FMCSRs to allow, on a permanent basis, devices/
technologies the Agency previously determined are likely to achieve a 
level of safety equivalent to or greater than the level of safety that 
would be achieved without the devices--FMCSA previously granted limited 
two-year exemptions for these devices. And the statute provides a 
definition of ``vehicle safety technology'' which encompasses several 
technologies the Agency must allow to be installed in the windshield.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   09/23/16  81 FR 65568
Final Rule Effective................   10/24/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Luke Loy, Office of Bus and Truck Standards and 
Operations, Department of Transportation, Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, 
Phone: 202 366-0676, Fax: 202 366-8842, Email: [email protected].
    RIN: 2126-AB94

BILLING CODE 4910-EX-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Railroad Administration (FRA)

Proposed Rule Stage

372. +Passenger Equipment Safety Standards Amendments (RRR)

    Legal Authority: 49 U.S.C. 20103
    Abstract: This rulemaking would amend 49 CFR part 238 to update 
existing safety standards for passenger rail equipment. Specifically, 
the proposed rulemaking would add standards for alternative compliance 
with requirements for Tier I passenger equipment, increase the maximum 
authorized speed for Tier II passenger equipment, and add requirements 
for a new Tier III category of passenger equipment.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/00/16  .......................
------------------------------------------------------------------------

    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-AC46

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Railroad Administration (FRA)

Final Rule Stage

373. +Train Crew Staffing and Location

    Legal Authority: 28 U.S.C. 2461, note; 49 CFR 1.89; 49 U.S.C. 
20103; 49 U.S.C. 20107; 49 U.S.C. 21301 to 21302; 49 U.S.C. 21304
    Abstract: This rulemaking would add minimum requirements for the 
size of different train crew staffs depending on the type of operation. 
The minimum crew staffing requirements would reflect the safety risks 
posed to railroad employees, the general public, and the environment. 
This rulemaking would also establish minimum requirements for the roles 
and responsibilities of the second train crew member on a moving train, 
and promote safe and effective teamwork. Additionally, this rulemaking 
would permit a railroad to submit information to FRA and seek approval 
if it wants to continue an existing operation with a one-person train 
crew or start up an operation with less than two crew members.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/15/16  81 FR 13918
NPRM Comment Period End.............   05/16/16  .......................
Final Rule..........................   01/00/17  .......................
------------------------------------------------------------------------

    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-AC48

BILLING CODE 4910-06-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Transit Administration (FTA)

Completed Actions

374. +Transit Asset Management

    Legal Authority: 49 U.S.C. 5326(d)
    Abstract: This rule will establish a system for Transit Asset 
Management (TAM) for all operators of public transportation, for all 
modes of transportation throughout the United States. This national 
system will be based on the term ``State of Good Repair,'' to be 
developed through rulemaking, which will generate accurate data about 
the condition of the transit agencies' assets, and performance measures 
for improving the conditions of those assets.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   10/03/13  78 FR 61251
ANPRM Comment Period End............   01/02/14  .......................
NPRM................................   09/30/15  80 FR 58912
Final Rule..........................   07/26/16  81 FR 48890
Final Rule Effective................   10/01/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.

[[Page 94802]]

    Agency Contact: Bonnie Graves, Attorney Advisor, Department of 
Transportation, Federal Transit Administration, 1200 New Jersey Avenue 
SE., Washington, DC 20590, Phone: 202 366-0644, Email: 
[email protected].
    RIN: 2132-AB07

BILLING CODE 4910-57-P

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Proposed Rule Stage

375. +Pipeline Safety: Amendments to Parts 192 and 195 To Require Valve 
Installation and Minimum Rupture Detection Standards

    Legal Authority: 49 U.S.C. 60101 et seq.
    Abstract: This rule would propose installation of automatic shutoff 
valves, remote controlled valves, or equivalent technology and 
establish performance based meaningful metrics for rupture detection 
for gas and liquid transmission pipelines. The overall intent is that 
rupture detection metrics will be integrated with ASV and RCV placement 
with the objective of improving overall incident response. Rupture 
response metrics would focus on mitigating large, unsafe, uncontrolled 
release events that have a greater potential consequence. The areas 
proposed to be covered include High Consequence Areas (HCA) for 
hazardous liquids and HCA, Class 3 and 4 for natural gas (including 
could affect areas).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/17  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Robert Jagger, Technical Writer, Department of 
Transportation, Pipeline and Hazardous Materials Safety Administration, 
1200 New Jersey Avenue SE., Washington, DC 20590, Phone: 202 366-4595, 
Email: [email protected].
    RIN: 2137-AF06

376.  +Hazardous Materials: Sampling and Testing Requirements 
for Unrefined Petroleum Products

    Legal Authority: 49 U.S.C. 5101 et seq.
    Abstract: This rulemaking proposes to revise the Hazardous 
Materials Regulations (HMR) to apply particular methods for conducting 
vapor pressure testing and sampling of unrefined petroleum-based 
products, such as petroleum crude oil. Specifically, this rulemaking 
proposes that persons who offer unrefined petroleum-based products for 
transportation, regardless of mode of transportation, apply particular 
methods for conducting vapor pressure testing when vapor pressure 
testing is a component of their written testing program. PHMSA 
encourages persons to participate in this rulemaking by submitting 
comments containing relevant information, data, or views.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Ben Supko, 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-AF28

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Final Rule Stage

377. +Pipeline Safety: Safety of Hazardous Liquid Pipelines

    Regulatory Plan: This entry is Seq. No. 99 in part II of this issue 
of the Federal Register.
    RIN: 2137-AE66

378. Pipeline Safety: Issues Related to the Use of Plastic Pipe in Gas 
Pipeline Industry (RRR)

    Legal Authority: 49 U.S.C. 60101 et seq.
    Abstract: In this rule, PHMSA is amending the natural and other gas 
pipeline safety regulations (49 CFR part 192) to address regulatory 
requirements involving plastic piping systems used in gas services. 
These amendments are intended to correct errors, address 
inconsistencies, and respond to petitions for rulemaking. The 
requirements in several subject matter areas are affected, including 
incorporation of tracking and traceability provisions; design factor 
for polyethylene (PE) pipe; more stringent mechanical fitting 
requirements; updated and additional regulations for risers; expanded 
use of Polyamide-11 (PA-11) thermoplastic pipe; incorporation of newer 
Polyamide-12 (PA-12) thermoplastic pipe; and incorporation of updated 
and additional standards for fittings.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/21/15  80 FR 29263
NPRM Comment Period End.............   07/31/15  .......................
Final Rule..........................   12/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Cameron H. Satterthwaite, 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-AE93

379. Pipeline Safety: Operator Qualification, Cost Recovery, Accident 
and Incident Notification, and Other Changes (RRR)

    Legal Authority: 49 U.S.C. 60101 et seq.
    Abstract: PHMSA is amending the pipeline safety regulations to 
address requirements of the Pipeline Safety, Regulatory Certainty, and 
Job Creation Act of 2011 (2011 Act), and to update and clarify certain 
regulatory requirements. Under the 2011 Act, PHMSA is adding a specific 
time frame for telephonic or electronic notifications of accidents and 
incidents and adding provisions for cost recovery for design reviews of 
certain new projects. Among other provisions, PHMSA is adding a 
procedure for renewal of expiring special permits, and for submitters 
of information requesting PHMSA to keep some information confidential. 
In addition, PHMSA is amending the operator qualification (OQ) 
requirements, drug and alcohol testing requirements, and incorporating 
consensus standards by reference for in-line inspection (ILI) and 
Stress Corrosion Cracking Direct Assessment (SCCDA).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/10/15  80 FR 39916
NPRM Comment Period End.............   09/08/15  .......................
Final Rule..........................   12/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.

[[Page 94803]]

    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

380. +Hazardous Materials: Oil Spill Response Plans and Information 
Sharing for High-Hazard Flammable Trains

    Regulatory Plan: This entry is Seq. No. 100 in part II of this 
issue of the Federal Register.
    RIN: 2137-AF08

BILLING CODE 4910-60-P

DEPARTMENT OF TRANSPORTATION (DOT)

Maritime Administration (MARAD)

Long-Term Actions

381. +Cargo Preference

    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 regulations that have not been revised substantially since 
1971. The rulemaking would also implement statutory changes, including 
section 3511, Public Law 110-417, of The National Defense Authorization 
Act for FY 2009, which provides enforcement authority.
    Timetable: Next Action Undetermined.
    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Mitch Hudson, Attorney, Department of 
Transportation, Maritime Administration, 1200 New Jersey Avenue SE., 
Washington, DC 20590, Phone: 202 366-4000, Email: [email protected].
    RIN: 2133-AB74

[FR Doc. 2016-29872 Filed 12-22-16; 8:45 am]
BILLING CODE 4910-81-P