[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)]
[Proposed Rules]
[Pages 1898-1923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28231]
[[Page 1897]]
Vol. 83
Friday,
No. 9
January 12, 2018
Part XIII
Department of Transportation
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Semiannual Regulatory Agenda
Federal Register / Vol. 83 , No. 9 / Friday, January 12, 2018 /
Unified Agenda
[[Page 1898]]
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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 and Deregulatory Agenda; Semiannual Summary
AGENCY: Office of the Secretary, DOT.
ACTION: Unified Agenda of Federal Regulatory and Deregulatory Actions
(Regulatory Agenda).
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SUMMARY: The Regulatory and Deregulatory 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,
Office of General Counsel, 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
A primary goal of the Department of Transportation (Department or
DOT) is to allow the public to understand how we make decisions, which
necessarily includes being transparent in the way we measure the risks,
costs, and benefits of engaging in--or deciding not to engage in--a
particular regulatory action. As such, it is our policy to provide an
opportunity for public comment on such actions to all interested
stakeholders. Above all, transparency and meaningful engagement mandate
that regulations should be straightforward, clear, and accessible to
any interested stakeholder. The Department also embraces the notion
that there should be no more regulations than necessary. We emphasize
consideration of non-regulatory solutions and have rigorous processes
in place for continual reassessment of existing regulations. These
processes provide that regulations and other agency actions are
periodically reviewed and, if appropriate, are revised to ensure that
they continue to meet the needs for which they were originally
designed, and that they remain cost-effective and cost-justified.
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 and deregulatory 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.
In addition, this Agenda was prepared in accordance with three new
Executive orders issued by President Trump, which directed agencies to
further scrutinize their regulations and other agency actions. On
January 30, 2017, President Trump signed Executive Order 13771,
Reducing Regulation and Controlling Regulatory Costs. Under Section
2(a) of the Executive order, unless prohibited by law, whenever an
executive department or agency publicly proposes for notice and comment
or otherwise promulgates a new regulation, it must identify at least
two existing regulations to be repealed. On February 24, 2017,
President Trump signed Executive Order 13777, Enforcing the Regulatory
Reform Agenda. Under this Executive order, each agency must establish a
Regulatory Reform Task Force (RRTF) to evaluate existing regulations,
and make recommendations for their repeal, replacement, or
modification. On March 28, 2017, President Trump signed Executive Order
13783, Promoting Energy Independence and Economic Growth, requiring
agencies to review all existing regulations, orders, guidance
documents, policies, and other similar agency actions that potentially
burden the development or use of domestically produced energy
resources, with particular attention to oil, natural gas, coal, and
nuclear energy resources.
In response to the mandate in Executive Order 13777, the Department
formed an RRTF consisting of senior career and non-career leaders,
which has already conducted extensive reviews of existing regulations,
and identified a number of rules to be repealed, replaced, or modified.
While each regulatory and deregulatory action is evaluated on its own
merits, the RRTF augments the Department's consideration of prospective
rulemakings by conducting monthly reviews across all OAs to identify
appropriate deregulatory actions. The RRTF also works to ensure that
any new regulatory action is rigorously vetted and non-regulatory
alternatives are considered. Further information on the RRTF can be
found online at: https://www.transportation.gov/regulations/regulatory-reform-task-force-report.
The Department's ongoing regulatory effort is guided by four
fundamental principles--safety, innovation, investment in
infrastructure, and reducing unnecessary regulatory burdens. These
priorities are grounded in our national interest in maintaining U.S.
global leadership in safety, innovation, and economic growth. To
accomplish our regulatory goals, we must create a regulatory
environment that fosters growth in new and innovative industries
without burdening them with unnecessary restrictions. At the same time,
safety remains our highest priority; we must remain focused on managing
safety risks and be sure that we do not regress from the successes
already achieved. Our planned regulatory actions reflect a careful
balance that emphasizes the
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Department's priority in fostering innovation while at the same time
meeting the challenges of maintaining a safe, reliable, and sustainable
transportation system.
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.
Subsets of these rules have been classified as significant rules under
E.O. 12866 and will be subject to review by the Office of Management
and Budget (OMB).
Explanation of Information on the Agenda
An Office of Management and Budget memorandum, dated August 18,
2017, 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
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.
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.
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.
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Purpose
The Department is publishing this regulatory Agenda in the Federal
Register to share with interested members of the public the
Department's preliminary expectations regarding its future regulatory
actions. This should enable the public to be more aware of the
Department's regulatory activity and should result in more effective
public participation. This publication in the Federal Register does not
impose any binding obligation on the Department or any of the offices
within the Department with regard to any specific item on the Agenda.
Regulatory action, in addition to the items listed, is not precluded.
Dated: November 9, 2017.
Elaine L. Chao,
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.
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.
FRA--Elliott Gillooly, Office of Chief Counsel, 1200 New Jersey
Avenue SE, Washington, DC 20590; telephone (202) 493-6047.
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--Gabriel Chavez, Office of Chief Counsel, Maritime
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590;
telephone (202) 366-2621.
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
E.O. 12866, ``Regulatory Planning and Review,'' E.O. 13563, ``Improving
Regulation and Regulatory Review,'' 76 FR 3821 (January 18, 2011), E.O.
13771 ``Reducing Regulation and Controlling Regulatory Costs,'' E.O.
13777, ``Enforcing the Regulatory Agenda,'' and section 610 of the
Regulatory Flexibility Act to conduct such reviews. This includes the
designation of a Regulatory Reform Officer, the establishment of a
Regulatory Reform Task Force, and the use of plain language techniques
in new rules and considering its use in existing rules when we have the
opportunity and resources to revise them. We are committed to
continuing our reviews of existing rules and, if it is needed, will
initiate rulemaking actions based on these reviews. The Department will
begin a new 10-year review cycle with the Fall 2018 Agenda.
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. Most agencies provide historical information
about the reviews that have occurred over the past 10 years. 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. The exception to this general rule is the FAA, which provides
information about the reviews it completed for this year and
prospective information about the reviews it intends to complete in the
next 10 years. Thus, for FAA Year 1 (2017) begins in the fall of 2017
and ends in the fall of 2018; Year 2 (2018) begins in the fall of 2018
and ends in the fall of 2019, and so on. We request
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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 pre-rulemaking 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.
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
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Regulations to
Year be reviewed Analysis year Review year
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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.
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Year 10 (2017) List of Rules That Will Be Analyzed During the Next Year
49 CFR part 30--Denial of Public Works Contracts to Suppliers of Goods
and Services of Countries That Deny Procurement Market Access to US
Contractors
49 CFR part 31--Program Fraud Civil Remedies
49 CFR part 32--Governmentwide Requirements for Drug-Free Workplace
(Financial Assistance)
49 CFR part 33--Transportation Priorities and Allocation System
49 CFR part 37--Transportation Services for Individuals With
Disabilities (ADA)
49 CFR part 38--Americans With Disabilities Act (ADA) Accessibility
Specifications for Transportation Vehicles
49 CFR part 39--Transportation for Individuals With Disabilities:
Passenger Vessels
49 CFR part 41--Seismic Safety
49 CFR part 71--Standard Time Zone Boundaries
49 CFR part 79--Medals of Honor
49 CFR part 80--Credit Assistance for Surface Transportation Projects
49 CFR part 89--Implementation of Federal Claims Collection Act
Year 9 (2016) List of Rules Analyzed and a Summary of Results
49 CFR part 17--Intergovernmental Review of Department of
Transportation Programs and Activities
Section 610: No SEIOSNOSE. This rule, which implements a
1982 Executive order, is based on an OMB model rule. It establishes
procedures to ensure that DOT agency actions are appropriately
coordinated with state and local governments. It imposes no burdens on
State and local governments of whatever size, and the coordination of
various policies or projects could help to reduce burdens on small
units of government.
General: There is no current need to revise this rule. Any
future revision would have to be Governmentwide. OST's plain language
review of this rule indicates the part does not need a substantial
revision.
49 CFR part 20--New Restrictions on Lobbying
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: During its review of part OST has concluded that
this part needs to update definitions and subsections on compilation of
semi-annual certifications. OST's plain language review of this rule
indicates the part does not need a substantial revision.
49 CFR part 21--Nondiscrimination in Federally-Assisted Programs of the
Department of Transportation
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Effectuation of Title VI of the Civil Rights Act 1964
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: During its review of part OST has concluded that
this part needs to be updated to reflect changes to listed authorities
and to DOT's structure and organization. OST's plain language review of
this rule indicates the part does not need a substantial revision.
49 CFR part 22--Short-Term Lending Program (STLP)
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: During its review of part OST has concluded that
further analysis is needed to determine the applicability of this part.
Once determined, OST may initiate a rulemaking to remove these
regulations. OST's plain language review of this rule indicates the
part does not need a substantial revision.
49 CFR part 23--Participation of Disadvantaged Business Enterprise in
Airport Concessions
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: During its review of part OST has concluded that
this part needs to updated to reflect adjustments in business size
standards, personal net worth ceilings, updates to instructions,
definitions of several terms, good faith efforts by car rental
companies, inclusion of a section on joint ventures, accurate listing
of firms in UCP directories, and goal setting requirements, among other
things. OST's plain language review indicates no need for substantial
revision.
49 CFR part 24--Uniform Relocation Assistance and Real Property
Acquisition for Federal and Federally Assisted Programs
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Updating these regulations are statutorily
required and require interagency coordination. OST would initiate a
rulemaking to updates these regulations. OST's plain language review of
this rule indicates the part does not need a substantial revision.
49 CFR part 25--Nondiscrimination on The Basis of Sex In Education
Programs Or Activities Receiving Federal Financial Assistance
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: During its review of part OST has concluded that
this part needs to be updated to reflect changes to several noted legal
authorities and to DOT's structure and organization. OST may initiate a
rulemaking in the future to make these updates. OST's plain language
review of this rule indicates the part does not need a substantial
revision.
49 CFR part 26--Participation by Disadvantaged Business Enterprises In
Department of Transportation Financial Assistance Programs.
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: During its review of part OST has concluded that
this part needs to be updated in the following areas: Errors in
regulatory provisions; removal of provisions that are routinely
misunderstood by UCPs and recipients; various technical corrections;
increased goal-setting threshold; addressing design-build agreements;
and recipient failure to meet overall goals. OST may initiate a
rulemaking in the future to make these updates. OST's plain language
review of this rule indicates the part does not need a substantial
revision.
49 CFR part 27--Nondiscrimination on The Basis of Disability in
Programs or Activities Receiving Federal Financial Assistance.
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: During its review of part OST has concluded that
this part needs to be updated to change obsolete language, reflect
changes to several noted legal authorities, and to reflect changes to
the American With Disabilities Act (ADA) Amendments Act, Public Law
110-325 (2008). OST may initiate a rulemaking in the future to make
these updates. OST's plain language review of this rule indicates the
part does not need a substantial revision.
49 CFR part 28--Enforcement of Nondiscrimination on The Basis of
Handicap In Programs or Activities Conducted by The Department of
Transportation.
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: During its review of part OST has concluded that
this part needs to be updated to change obsolete language, reflect
changes to several noted legal authorities, and to reflect changes to
the American With Disabilities Act (ADA) Amendments Act, Public Law
110-325 (2008). OST may initiate a rulemaking in the future to make
these updates. OST's plain language review of this rule indicates the
part does not need a substantial revision.
Year 8 (2015) List of Rules Analyzed and a Summary of Results
14 CFR part 399--Statements of General Policy
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
recodification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
49 CFR part 1--Organization and Delegation of Power and Duties
Section 610: OST conducted a review of this part and found
no SEISNOSE.
General: OST reviewed these regulations and found that the
part needs to be updated to reflect changes made in the Fixing
America's Surface Transportation (FAST) Act, Public Law 114-94 (2015).
OST may initiate a rulemaking in the future to make these updates.
OST's plain language review of these rules indicates no need for
substantial revision.
49 CFR part 3--Official Seal
Section 610: OST conducted a review of this part and found
no SEISNOSE.
General: OST has reviewed these regulations and found that
the part needs to be updated to reduce costs and ensure the regulations
accurately describe the actual design of the seal. OST may initiate a
rulemaking in the future to make these updates. OST's plain language
review of these rules indicates no need for substantial revision.
49 CFR part 5--Rulemaking Procedures
Section 610: OST conducted a review of this part and found
no SEISNOSE.
General: OST has reviewed these regulations and found that
the part needs to be updated to reflect current Departmental
procedures. OST may initiate a rulemaking for these purposes. OST's
plain language review of the rule indicates a potential need for
revision.
[[Page 1903]]
49 CFR part 6--Implementation of Equal Access to Justice Act in Agency
Proceedings
Section 610: OST conducted a review of this part and found
no SEISNOSE.
General: OST has reviewed these regulations and found that
the part needs to be updated to reflect the current content of the
relevant statute. OST may initiate a rulemaking for these purposes.
OST's plain language review of the rule indicates a potential need for
revision.
49 CFR part 7--Public Availability of Information
Section 610: OST conducted a review of this part and found
no SEISNOSE.
General: OST has reviewed these regulations and recently
updated this part to reflect recent statutory changes to the Freedom of
Information Act (82 FR 21139, May 5, 2017). OST's plain language review
indicates no need for revision.
49 CFR part 8--Classified Information: Classification/Declassification/
Access
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: OST has reviewed these regulations and recently
updated this part to reflect organization changes and updates to the
legal authorities and references (82 FR 40076, July 15, 2016). OST's
plain language review indicates no need for further revision at this
time.
49 CFR part 9--Testimony of Employees of the Department and Production
of Records in Legal Proceedings
Section 610: OST conducted a review of this part and found
no SEISNOSE.
General: OST has reviewed these regulations and found that
the part needs to be updated to reflect organizational and other
changes since the last publication of the part. OST may initiate a
rulemaking for these purposes. OST's plain language review of the rule
indicates a potential need for revision.
49 CFR part 10--Maintenance of and Access to Records Pertaining to
Individuals
Section 610: OST conducted a review of this part and found
no SEISNOSE.
General: OST has reviewed these regulations and found that
the part needs to be updated to reflect organizational and statutory
changes since the last publication of this rule. OST has initiated a
rulemaking for these purposes. OST's plain language review of this rule
indicates a need for revision.
49 CFR part 11--Protection of Human Subjects
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: No changes are needed at this time. OST reviewed
these regulations and participated in a joint update to the Common
Rule, in coordination with the U.S. Department of Health and Human
Services, published at 82 FR 7149 (January 19, 2017). These regulations
are cost effective and impose the least burden on the industries DOT
regulates. OST's plain language review of these rules indicates no need
for substantial revision.
49 CFR part 15--Protection of Sensitive Security Information
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: When this rule was enacted, it paralleled 49 CFR
part 1520, which creates an analogous Sensitive Security Information
regime administered by the Transportation Security Administration
(TSA). Since that time, parts 15 and 1520 have diverged due to the two
agencies not coordinating amendments to the rules. OST and TSA are
completing a rulemaking to eliminate inconsistencies between the two
rules. See RIN 2105-AD59. OST's plain language review indicates no need
for substantial revision on that basis.
Year 7 (2014) List of Rules Analyzed and Summary of Results
14 CFR part 374--Implementation of the Consumer Credit Protection Act
with Respect to Air Carriers and Foreign Air Carriers
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: The reviews performed for the Aviation Clean-up
Rule (RIN 2105-AD86) revealed general updates are needed. All changes
are incorporated into this rule. OST's plain language review indicated
no need for substantial revision on that basis.
14 CFR part 374a--Extension of Credit by Airlines to Federal Political
Candidates
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: The reviews performed for the Aviation Clean-up
Rule (RIN 2105-AD86) revealed general updates are needed. All changes
are incorporated into this rule. OST's plain language review indicated
no need. All changes are incorporated into this rule. OST's plain
language review indicated no need for substantial revision on that
basis.
14 CFR part 375--Navigation of Foreign Civil Aircraft within the United
States
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 377--Continuance of Expired Authorizations by Operation of
Law Pending Final Determination of Applications for Renewal Thereof
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 380--Public Charters
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
[[Page 1904]]
14 CFR part 381--Special Event Tours
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: No changes are needed. This regulation is cost
effective and imposes the least burden. OST's plain language review of
this rule indicates no need for substantial revision.
14 CFR part 382--Nondiscrimination on The Basis Of Disability in Air
Travel
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Part 382 implements the Air Carrier Access Act
(49 U.S.C. 41705), which broadly prohibits discrimination against a
qualified individual with a disability in air transportation. OST's
review of Part 382 revealed a number of areas that could benefit from
clarification by rulemaking, including: Deleting compliance dates that
have passed and are no longer relevant; removal of antiquated conflict
of laws waiver request filing requirements; clarification of assertion
of defense to enforcement action when conflict of law waiver request is
filed; clarification of medical certificate requirements; reordering of
certain sections; clarifying that Subpart G requires prompt boarding
deplaning and connecting assistance; clarification of requirements
regarding baggage containing assistive devices; handling of complaints
received via social media; correction of typos; and certain citation
corrections. OST's plain language review indicates no need for
substantial revision on that basis.
14 CFR part 383--Civil Penalties
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: In accordance with the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015, these regulations
would be revised to implement a catch-up adjustment for inflation and
the promulgation of a direct final rule to complete the required annual
inflation adjustment to the maximum civil penalty amounts for
violations of certain aviation economic statutes and the rules and
orders issued pursuant to these statutes. OST would also make a
technical correction to reflect a listed statutory authority. OST's
plain language review of this rule indicates no need for substantial
revision.
14 CFR part 389--Fees and Charges for Special Services
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 398--Guidelines for Individual Determinations of Basic
Essential Air Service
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
Year 7 (2014) List of Rules With Ongoing Analysis
14 CFR part 385--Staff Assignments and Review of Action under
Assignments
Year 6 (2013) List of Rules Analyzed and a Summary of Results
14 CFR part 300--Rules of Conduct in DOT Proceedings Under This Chapter
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 302--Rules of Practice in Proceedings
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 303--Review of Air Carrier Agreements
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 305--Rules of Practice in Informal Nonpublic Investigations
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Section 305 should be updated to reflect current
practice regarding procedures such as retention of evidence. The update
will be made in a rulemaking addressing other updates to the rules. See
RIN 2105-AD86. OST's plain language review indicates no need for
substantial revision on that basis.
14 CFR part 313--Implementation of the Energy Policy and Conservation
Act
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: These regulations would need to be updated to
conform with existing statute. However further analysis is needed
because the statute applies only to certain Title 49 actions. OST's
plain language review indicates no need for substantial revision on
that basis.
[[Page 1905]]
14 CFR part 323--Terminations, Suspensions, and Reductions of Service
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 325--Essential Air Service Procedures
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 330--Procedures For Compensation of Air Carriers
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Part 330 established procedures implementing the
airline compensation section of the Air Transportation Safety and
System Stabilization Act, which was enacted following the terrorist
attacks of September 11, 2001, Public Law 107-42, (Sept. 22, 2001) (the
Stabilization Act). Section 103 of the Stabilization Act appropriated
up to $5 billion, to be administered by the Department of
Transportation, to compensate air carriers for losses they incurred due
to the attacks. Part 330 set out carrier eligibility criteria, forms
for applying for the compensation payments, details on types of losses
that would and would not be eligible for compensation, audit
procedures, and details on a set-aside program for certain air taxis,
commuter carriers, and other small carriers. Of the 427 applications
processed, 407 applicants were deemed eligible under part 330. These
carriers received payments in a total amount of $4.6 billion. All
eligible appropriations have been completed and payments have now been
processed and paid, and all functions and responsibilities under this
section have been fulfilled. As a result, Part 330 serves no further
purpose and should be removed. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 372--Overseas Military Personnel Charters
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: OST's general review of the regulations indicates
that they may be duplicative of other DOT regulations governing
charters. Therefore, OST will conduct a rulemaking to evaluate the
necessity of part 372 and to rescind it if necessary. OST's plain
language review of these rules indicates no need for substantial
revision on that basis.
Year 5 (Fall 2012) List of Rules Analyzed and a Summary of Results
14 CFR part 255--Airline Computer Reservations Systems
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: This provision was promulgated with a termination
date of July 31, 2004, unless extended. The rule was not extended;
therefore, it is no longer in effect. These regulations were removed in
a final rule under RIN-2105-AE11.
14 CFR part 256--Electronic Airline Information Systems
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: No changes needed. This regulation is cost
effective and imposes the least burden. OST's plain language review of
this rule indicates no need for substantial revision.
14 CFR part 257--Disclosure of Code-Sharing Arrangements and Long Term
Wet-Leases
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 259--Enhanced Protections for Airline Passenger
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: This regulation would need updating to conform
with changes made in the FAA Extension, Safety, and Security Act of
2016. OST's plain language review indicates no need for substantial
revision.
14 CFR part 271--Guidelines for Subsidizing Air Carriers Providing
Essential Air Transportation
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 272--Essential Air Service to the Freely Associated States
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Part 272 established essential air service
procedures for the Freely Associated States comprising the Federated
States of Micronesia (Ponape, Truk and Yap), the Marshall Islands
(Majuro and Kwajalein), and Koror in Palau. The procedures include
requirements for airlines to file notice before suspending service, an
obligation to continue to provide service when subsidy is available,
and carrier-selection criteria. Section 272.12 states, ``These
provisions shall terminate on October 1, 1998, unless the essential air
service program to the Federated States of Micronesia, the Marshall
Islands and Palau is specifically extended by Congress.'' Congress did
not extend the program (Pub. L. 101-219, Sec. 110(b),
[[Page 1906]]
(Dec.12,1989)). Thus, the statutory basis for the regulation no longer
exists and Part 272 should be removed. See RIN 2105-AD86. OST's plain
language review indicates no need for substantial revision on that
basis.
14 CFR part 291--Cargo Operations in Interstate Air Transportation
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 293--International Passenger Transportation
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE
General: No changes are needed. This regulation is cost
effective and imposes the least burden. OST's plain language review of
this rule indicates no need for substantial revision.
14 CFR part 294--Canadian Charter Air Taxi Operators
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 296--Indirect Air Transportation of Property
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 297--Foreign Air Freight Forwarders and Foreign Cooperative
Shippers Associations
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 298--Exemptions for Air Taxi and Commuter Air Carrier
Operations
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
49 CFR part 40--Procedures for Transportation Workplace Drug and
Alcohol Testing Programs
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: The OST review of this regulation indicated a
need to harmonize it with the Department of Health and Human Services
requirements by adding additional drugs requiring testing. OST's plain
language review indicated no need for substantial revision on that
basis.
Year 5 (Fall 2012) List of Rules With Ongoing Analysis
14 CFR part 258--Disclosure of Change-of-Gauge Services
14 CFR part 292--International Cargo Transportation
Year 4 (Fall 2011) List of Rules Analyzed and a Summary of Results
14 CFR part 234--Airline Service Quality Performance Reports
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: In December 2016, this part was reviewed as part
of the rule for Enhancing Airline Passenger Protections (see RIN 2105-
AE11). Also, OST is proposing a rulemaking action under RIN 2105-AE68
addressing how carriers would report cancelled flights that are
satisfied by a partner airline. OST's plain language review indicated
no need for substantial revision on that basis.
14 CFR part 235--Reports by Air Carriers on the Incidents Involving
Animals During Air Transport
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE
General: No changes are needed. This regulation is cost
effective and imposes the least burden. OST's plain language review of
this rule indicates no need for substantial revision.
14 CFR part 240--Inspection of Accounts and Property
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: The review revealed that general updates are
needed. All changes are incorporated into the Aviation Clean-up Rule.
See RIN 2105-AD86. OST's plain language review indicates no need for
substantial revision on that basis.
14 CFR part 241--Uniform System of Accounts and Reports for Large
Certificated Air Carriers
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: The reviews performed for the Aviation Clean-up
Rule (RIN 2105-AD86) revealed general updates are needed and all
changes are incorporated into this rule. OST's plain language review
indicated no need for substantial revision on that basis.
14 CFR part 243--Passenger Manifest Information
[[Page 1907]]
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 244--Reporting Tarmac Delay Data
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: OST's review revealed that the language ``a
tarmac delay of three hours or more,'' in section 244.3(a) is
inaccurate and was the result of a drafting oversight. The language
should be amended to, ``a tarmac delay of more than three hours.''
Also, there was a field omission regarding the information airlines
must include as part of their Form 244 report. Subpart 244.3(a)(18)
should be added with the language, ``Total length of tarmac delay over
three hours.'' . As a result, OST will be conducting a rulemaking to
update the regulation by modifying language. OST's plain language
review of these rules indicates no need for substantial revision.
14 CFR part 247--Direct Airport-to-Airport Mileage Records
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 248--Submission of Audit Reports
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 249--Preservation of Air Carrier Records
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 250--Oversales
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: This part was last revised in August 2015 to
adjust denied boarding compensation amounts for inflation (80 FR
30144). OST is considering revising several sections (250.5, 250.9, and
250.11) for plain language. OST is also considering general revisions
to conform with new rules allowing for electronic payment of denied
boarding compensation, and to account for the prevalence of e-
ticketing.
14 CFR part 251--Carriage of Musical Instruments
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: This regulation implements section 403 of the FAA
Modernization and Reform Act of 2012 regarding the carriage of musical
instruments as carry-on baggage or checked baggage on commercial
passenger flights operated by air carriers. The rule text implements
the statute verbatim. There is no further action necessary.
14 CFR part 252--Smoking Aboard Aircraft
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: This part was thoroughly revised in March 2016
(81 FR 11415). There is no further action necessary at this time. The
rule is currently being challenged in the D.C. Circuit (CEI vs. DOT;
#16-1128). Revisions may be required if the suit is successful. OST's
plain language review indicates no need for substantial revision on
that basis.
14 CFR part 253--Notice of Terms of Contract of Carriage
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: This part was last revised, in part, in April
2011 (76 FR 26163). OST has decided that additional editorial updates
are needed and to remove certain outdated language. OST has determined
that Sections 253.1, 253.2, and 253.10 should be revised for plain
language.
14 CFR part 254--Domestic Baggage Liability
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: This part was last revised in August 2015 to
adjust domestic baggage liability limits (80 FR 30144). OST is
considering revising several sections (254.1 and 254.2) for plain
language. No other revisions are necessary.
14 CFR part 259--Enhancing Protections for Airline Passengers
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: This part was last revised in 2009, OST has
determined that changes are needed to make sections 259.3 and 259.4
consistent with 49 U.S.C. 42301. OST has a proposed rulemaking action
under RIN 2105-AE47 that would make the necessary updates to this
regulation. OST's plain language review indicates no need for
substantial revision on that basis.
Year 3 (Fall 2010) List of Rules Analyzed and a Summary of Results
14 CFR part 213--Terms, Conditions, and Limitations of Foreign Air
Carrier Permits
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: No changes are needed. OST plain language review
of these rules indicates no need for substantial revision.
[[Page 1908]]
14 CFR part 214--Terms, Conditions, and Limitations of Foreign Air
Carrier Permits Authorizing Charter Transportation Only
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 215--Use and Change of Names of Air Carriers, Foreign Air
Carriers, and Commuter Air Carriers
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 216--Commingling of Blind Sector Traffic by Foreign Air
Carriers
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 217--Reporting Traffic Statistics by Foreign Air Carriers
in Civilian Scheduled, Charter, and Nonscheduled Services
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: The reviews performed for the Aviation Clean-up
Rule (RIN 2105-AD86) revealed general updates are needed. All changes
are incorporated into this rule. OST's plain language review indicated
no need for substantial revision on that basis.
14 CFR part 218--Lease by Foreign Air Carrier or Other Foreign Person
of Aircraft With Crew
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 221--Tariffs
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 222--Intermodal Cargo Services by Foreign Air Carriers
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 223--Free and Reduced-Rate Transportation
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 232--Transportation of Mail, Review of Orders of Postmaster
General
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Part 232 established procedures for a party
aggrieved by an order of the Postmaster General to request a review by
DOT. In 2008, amendments to 49 U.S.C. 41902 removed from the statute
the authority for the Secretary of Transportation to amend, modify,
suspend, or cancel an order of the Postal Service (Pub. L. 110-405,
Jan. 4, 2008). Accordingly, the statutory basis for part 232
regulations no longer exists and part 232 should be removed. See RIN
2105-AD86. OST's plain language review indicates no need for
substantial revision on that basis.
Year 2 (Fall 2009) List of Rules With Ongoing Analysis
48 CFR part 1200--[Reserved]
48 CFR part 1201--Federal Acquisition Regulations System
48 CFR part 1202--Definitions of Words and Terms--
48 CFR part 1203--Improper Business Practices and Personal Conflicts of
Interest
48 CFR part 1204--Administrative Matters
48 CFR part 1205--Publicizing Contract Actions
48 CFR part 1206--Competition Requirements
48 CFR part 1207--Acquisition Planning
[[Page 1909]]
48 CFR part 1208-1210--[Reserved]
48 CFR part 1211--Describing Agency Needs
48 CFR part 1212--[Reserved]
48 CFR part 1213--Simplified Acquisition Procedures
48 CFR part 1214--Sealed Bidding
48 CFR part 1215--Contracting By Negotiation
48 CFR part 1216--Types of Contracts
48 CFR part 1217--Special Contracting Methods
48 CFR part 1218--[Reserved]
48 CFR part 1219--Small Business Programs
48 CFR part 1220--1221--[Reserved]
48 CFR part 1222--Application of Labor Laws To Government Acquisitions
48 CFR part 1223--Environment, Energy and Water Efficiency, Renewable
Energy Technologies, Occupational Safety, and Drug-Free Workplace
48 CFR part 1224--Protection of Privacy and Freedom of Information
48 CFR part 1225-1226--[Reserved]
48 CFR part 1227--Patents, Data, and Copyrights
48 CFR part 1228--Bonds and Insurance
48 CFR part 1229-130--[Reserved]
48 CFR part 1231--Contract Cost Principles and Procedures
48 CFR part 1232--Contract Financing
48 CFR part 1233--Protests, Disputes, and Appeals
48 CFR part 1234--[Reserved]
48 CFR part 1235--Research and Development Contracting
48 CFR part 1236--Construction and Architect-Engineer Contracts
48 CFR part 1237--Service Contracting
48 CFR part 1238--[Reserved]
48 CFR part 1239--Acquisition of Information Technology
48 CFR part 1240-1241--[Reserved]
48 CFR part 1242--Contract Administration and Audit Services
48 CFR part 1243-1244--[Reserved]
48 CFR part 1245--Government Property
48 CFR part 1246--Quality Assurance
48 CFR part 1247--Transportation
48 CFR part 1248-1251--[Reserved]
48 CFR part 1252--Solicitation Provisions and Contract Clauses
48 CFR part 1253--Forms
48 CFR part 1254-1299--Reserved
Year 1 (Fall 2008) List of Rules Analyzed and a Summary of Results
49 CFR part 91--International Air Transportation Fair Competitive
Practices
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the International
Air Transportation Fair Competitive Practices Act of 1974 was revised
and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Furthermore, under the Airline
Deregulation Act of 1978, the authority of the Civil Aeronautics Board
was transferred to the Department of Transportation. As a result, OST
will seek to conduct a rulemaking to rescind the rule. OST's plain
language review indicates no need for substantial revision on that
basis.
49 CFR part 92--Recovering Debts to the United States by Salary Offset
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Changes are needed to make the regulations
current regarding certain administrative updates and removal of
outdated language. These regulations are cost effective and impose the
least burden. OST's plain language review of these rules indicates no
need for substantial revision.
49 CFR part 93--Aircraft Allocation
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Upon OST review of this rule it is recommended
that to regulation is repealed. However, before moving forward DOT will
need to ascertain if this action would impact DOD's implementation of
the Civil Reserve Air fleet Program. OST's plain language review of
these rules indicates no need for substantial revision.
49 CFR part 98--Enforcement of Restrictions on Post-Employment
Activities
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: OST is considering a rulemaking to rescind this
rule since there is already adequate procedure for referral of
violations of the criminal post-Government employment rules to the
Inspector General or the Department of Justice. See 5 CFR 2638.502.
49 CFR part 99--Employee Responsibilities and Conduct
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Recommend rulemaking to rescind this rule.
14 CFR part 200--Definitions and Instructions
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 201--Air Carrier Authority Under Subtitle VII of Title 49
of the United States Code [Amended]
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 203--Waiver of Warsaw Convention Liability Limits and
Defenses
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 204--Data to Support Fitness Determinations
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since
[[Page 1910]]
the codification, the Department has made numerous amendments to make
the CFR consistent with the provisions of the current statute (49
U.S.C., Subtitle VII). As a result, OST will be conducting a rulemaking
to update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 205--Aircraft Accident Liability Insurance
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 206--Certificates of Public Convenience and Necessity:
Special Authorizations and Exemptions
Section 610: OST 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. OST's plain language review of
these rules indicates no need for substantial revision.
14 CFR part 207--Charter Trips by U.S. Scheduled Air Carriers
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: OST's general review of the regulations indicates
that they may be duplicative of the regulations of 14 CFR part 212.
Therefore, OST will conduct a rulemaking to evaluate the necessity of
part 207 and to rescind it if necessary. See RIN 2105-AD86. OST's plain
language review of these rules indicates no need for substantial
revision on that basis.
14 CFR part 208--Charter Trips by U.S. Charter Air Carriers
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: OST's general review of the regulations indicates
that they may be duplicative of the regulations of 14 CFR part 212.
Therefore, OST will conduct a rulemaking to evaluate the necessity of
part 208 and to rescind it if necessary. See RIN 2105-AD86. OST's plain
language review of these rules indicates no need for substantial
revision on that basis.
14 CFR part 211--Applications for Permits to Foreign Air Carriers
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 212--Charter Rules for U.S. and Foreign Direct Air Carriers
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
Federal Aviation Administration
Section 610 and Other Reviews
Section 610 Review Plan and Summary
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 417 2017 2018
through 460.
2..................... 14 CFR parts 119 2018 2019
through 129 and
parts 150
through 156.
3..................... 14 CFR parts 133 2019 2020
through 139 and
parts 157
through 169.
4..................... 14 CFR parts 141 2020 2021
through 147 and
parts 170
through 187.
5..................... 14 CFR parts 189 2021 2022
through 198 and
parts 1 through
16.
6..................... 14 CFR parts 17 2022 2023
through 33.
7..................... 14 CFR parts 34 2023 2024
through 39 and
parts 400
through 405.
8..................... 14 CFR parts 43 2014 2025
through 49 and
parts 406
through 415.
9..................... 14 CFR parts 60 2025 2026
through 77.
10.................... 14 CFR parts 91 2026 2027
through 105.
------------------------------------------------------------------------
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
[[Page 1911]]
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:
Review of the number of small entities affected by the
amendments to parts 417 through 460.
Identification and analysis of all amendments to parts 417
through 460 since 2007 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 2 (2018) List of Rules To Be Analyzed the Next Year
14 CFR part 119--Certification: Air Carriers and Commercial Operators
14 CFR part 120--Drug and Alcohol Testing Program
14 CFR part 121--Operating Requirements: Domestic, Flag, and
Supplemental Operations
14 CFR part 125--Certification and Operations: Airplanes Having a
Seating Capacity of 20 or More Passengers or a Maximum Payload Capacity
of 6,000 Pounds or More; and Rules Governing Persons on Board Such
Aircraft
14 CFR part 129--Operations: Foreign Air Carriers and Foreign Operators
of U.S.-Registered Aircraft Engaged in Common Carriage
14 CFR part 150--Airport Noise Compatibility Planning
14 CFR part 151--Federal Aid to Airports
14 CFR part 152--Airport Aid Program
14 CFR part 153--Airport Operations
14 CFR part 155--Release of Airport Property from Surplus Property
Disposal Restriction
14 CFR part 156--State Block Grant Pilot Program
Year 1 (2017) List of Rules Analyzed and a Summary of Results
14 CFR part 417--Launch Safety
Section 610: The agency conducted a Section 610 review of
this part and found Amendment No. 417-5, 81 FR 59439, Aug. 30, 2016.
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. FAA's plain language
review of these rules indicates no need for substantial revision.
14 CFR part 420--License to Operate a Launch Site
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. FAA's plain language review of
these rules indicates no need for substantial revision.
14 CFR part 431--Launch and Reentry of a Reusable Launch Vehicle (RLV)
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. FAA's plain language
review of these rules indicates no need for substantial revision.
14 CFR part 433--License to Operate a Reentry Site
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. FAA's plain language review of
these rules indicates no need for substantial revision.
14 CFR part 435--Reentry of a Reentry Vehicle Other Than a Reusable
Launch Vehicle (RLV)
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. FAA's plain language
review of these rules indicates no need for substantial revision.
14 CFR part 437--Experimental Permits
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. FAA's plain language review of
these rules indicates no need for substantial revision.
14 CFR part 440--Financial Responsibility
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. FAA's plain language
review of these rules indicates no need for substantial revision.
14 CFR part 460--Human Space Flight Requirements
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. FAA's plain language review of
these rules indicates no need for substantial revision.
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.
[[Page 1912]]
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 9 (Fall 2016) List of Rules Analyzed and a Summary of Results
23 CFR part 1200--Uniform Procedures for State Highway Safety Grant
Programs
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 1208--National Minimum Drinking Age
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 1210--Operation of Motor Vehicles by Intoxicated Minors
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 1215--Use of Safety Belts--Compliance and Transfer-of-Funds
Procedures
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 1225--Uniform System for Parking for Persons With
Disabilities
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 1240--Safety Incentive Grants for Use of Seat Belts--
Allocations Based on Seat Belt Use Rates
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 10 (Fall 2017) List of Rules That Will be Analyzed During the Next
Year
New Parts and Subparts since 2008 that have not undergone review
23 CFR part 490--National Performance Management Measures
23 CFR part 505--Projects of National and Regional Significance
Evaluation and Rating
23 CFR part 511--Real-Time System Management Information Program
23 CFR part 650 Subpart E--National Tunnel Inspection Standards
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 8 (Fall 2014) List of Rules and a Summary of Results
49 CFR part 373--Receipts and Bills
Section 610: There is no SEIOSNOSE. FMCSA requires certain
motor carriers and freight forwarders to issue and retain a receipt or
bill of lading for property tendered for transportation in interstate
or foreign commerce.
General: These regulations are cost effective and impose
almost no additive financial burden upon the carrier. Retaining billing
information constitutes a prudent business practice which would likely
be required for tax and customer service purposes. The rule is
[[Page 1913]]
written in clear and unambiguous language, and should be retained.
49 CFR part 376--Lease and Interchange of Vehicles
Section 610: There is no SEIOSNOSE. FMCSA requires certain
authorized carriers that transport equipment (that it does not own) to
retain a lease, and maintain appropriate equipment records.
General: These regulations are cost effective and impose
almost no additive financial burden upon the carrier. The rule
principally defines the conditions by which certain carriers must
retain leasing documents, insurance, financial and other related
documentation. The stipulations in the rule are consistent with prudent
business practices in support of customer service, accident liability,
and financial matters. The rule takes great pains to ``exempt''
carriers, is written in clear and unambiguous language, and should be
retained.
49 CFR part 379--Preservation of Records
Section 610: There is no SEIOSNOSE. The rule requires
certain companies to retain, protect, store, and as appropriate,
dispose of records in accordance with minimum retention periods
stipulated in appendix A of part 379.
General: These regulations are cost effective and impose
almost no additive financial burden upon the carrier. Retaining
financial, contractual, property/equipment, taxes, shipping and other
supporting business documents represent a prudent business practice
which the carrier should already be doing. The rule is written in clear
and unambiguous language and should be retained.
Year 9 (2015) List of Rules With Ongoing Analysis
49 CFR part 375--Transportation of household goods in interstate
commerce; consumer protection regulations
Year 10 (2016) List of Rules That Will be Analyzed During the Next Year
49 CFR part 395--Hours of Service of Drivers
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 9 (Fall 2016) List of Rules With Ongoing Analysis
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
Year 10 (Fall 2017) List of Rules That Will be Analyzed During the Next
Year
Part 591 Importation of Vehicles and Equipment Subject to Federal
Safety, Bumper and Theft Prevention Standards
Part 592 Registered Importers of Vehicles not Originally Manufactured
to Conform to the Federal Motor Vehicle Safety Standards
Part 593 Determinations That a Vehicle not Originally Manufactured to
Conform to the Federal Motor Vehicle Safety Standards Is Eligible for
Importation
Part 594 Schedule of Fees Authorized by 49 U.S.C. 30141
Part 595 Make Inoperative Exemptions
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, and
240.
------------------------------------------------------------------------
Year 9 (Fall 2016) List of Rules Analyzed and a Summary of Results
49 CFR part 222--Use of Locomotive Horns at Public Highway-Rail Grade
Crossings
Section 610: There is no SEIOSNOSE.
General: The purpose of this rule is to provide for safety
at public highway-rail grade crossings by requiring locomotive horn use
at public highway-rail grade crossings except in quiet zones
established and maintained in accordance with this rule. FRA's plain
language review of this rule indicates no need of substantial revision.
49 CFR part 227--Occupational Noise Exposure
[[Page 1914]]
Section 610: There is no SEIOSNOSE.
General: The main objective of the rule is to protect the
occupational health and safety of employees whose predominant noise
exposure occurs in the locomotive cab. The rule prescribes minimum
Federal health and safety noise standards for locomotive cab occupants.
This rule does not restrict a railroad or railroad contractor from
adopting and enforcing additional or more stringent requirements. FRA's
plain language review of this rule indicates no need for substantial
revision.
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
Section 610: There is no SEIOSNOSE.
General: Since the rule prescribes instructions regarding
applications for approval of a discontinuance or material modification
of a signal system or relief from the requirements of Part 236, it
promotes and enhances the safety of railroad operations. FRA's plain
language review of this rule indicates no need for substantial
revision.
49 CFR part 236--Rules, Standards and Instructions Governing the
Installation, Inspection, Maintenance and Repair of Signal and Train
Control Systems, Devices and Appliances
Section 610: There is no SEIOSNOSE.
General: Since the rule prescribes standards and
instructions about the installation, inspection, maintenance and repair
of signal and train control systems, devices and appliances, and
performance-based safety standards for PTC systems, it will promote and
enhance the safety of railroad operations. FRA's plain language review
of this rule indicates no need for substantial revision.
49 CFR part 250--Guarantee of Certificates of Trustees of Railroads in
Reorganization
Section 610: There is no SEIOSNOSE.
General: The purpose of this rule is to describe the
requirements regarding form and content of applications, required
exhibits, fees, execution and filing of applications and general
instructions to obtain guarantee of certificates by the Secretary of
Transportation for trustees of railroads in reorganization under the
former Section 77 of the Bankruptcy Act. FRA's plain language review of
this rule indicates no need for substantial revision.
49 CFR part 260--Regulations Governing Loans and Loan Guarantees Under
the Railroad Rehabilitation and Improvement Financing Program
Section 610: The Railroad Rehabilitation and Improvement
Financing Program, which operates under regulations in 49 CFR part 260
``Regulations Governing Loans and Loan Guarantees under the Railroad
Rehabilitation and Improvement Financing Program'', are now
administered by the Executive Director of the Build America Bureau. The
Build America Bureau is reviewing the regulations to determine what
updates are necessary.
General: The purpose of this rule is to provide direct
loans and loan guarantees to eligible applicants, including State and
local governments, government sponsored authorities and corporations
and railroads. FRA is assessing in, consultation with the Build America
Bureau, how to revise 49 CFR part 260 to reflect the RRIF program
transfer. FRA is not rescinding the regulations at this time because
the Build America Bureau necessarily relies on certain sections under
Part 260 in administering the RRIF program.
49 CFR part 266--Assistance to States for Local Rail Service Under
Section 5 of the Department of Transportation Act
Section 610: There is no SEIOSNOSE.
General: The purpose of the rule is to provide assistance
to States for local rail service which includes: Rail service
continuation assistance; acquisition assistance; rehabilitation or
improvement assistance; substitute service assistance; rail facility
construction assistance; planning assistance; and program operations
assistance.
However, there are special limitations on planning assistance and
program operations assistance. No appropriations are currently
available for providing the assistance. FRA is currently evaluating
whether 49 CFR part 266 should be rescinded because FRA does not
anticipate future funding of the programs concerned.
Year 10 (Fall 2017) List of Rule(s) That Will be Analyzed During Next
Year
49 CFR part 213--Track Safety Standards
49 CFR part 220--Railroad Communications
49 CFR part 230--Steam Locomotive Inspection and Maintenance Standards
49 CFR part 232--Brake System Safety Standards for Freight and Other
Non-Passenger Trains and Equipment; End of Train Devices
49 CFR part 239--Passenger Train Emergency Preparedness
49 CFR part 240--Qualification and Certification of Locomotive
Engineers
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
------------------------------------------------------------------------
[[Page 1915]]
Year 9 (Fall 2016) List of Rules Analyzed and Summary of Results
49 CFR part 659--Rail Fixed Guideway Systems; State Safety Oversight
Section 610: The agency has determined that the rule
continues to not have a significant effect on a substantial number of
small entities. Pursuant to the Moving Ahead for Progress in the 21st
Century Act (MAP-21) (Pub. L. 112-141, July 6, 2012), FTA has
established a comprehensive public transportation safety program, one
element of which is the State Safety Oversight (SSO) Program. (See 49
U.S.C. 5329). FTA has issued a revised SSO Program regulation (49 CFR
part 674) which became effective April 15, 2016; however, Part 659 will
remain in effect until April 14, 2019 at which time it will sunset. In
the interim, SSO Agencies will revise their programs to meet the
requirements of Part 674. Prior to publication of the final rule (81 FR
14229, March 16, 2016), FTA evaluated the likely effect of the
proposals as required by the Regulatory Flexibility Act, and determined
that this rule will have no SEISNOSE. Like Part 659, the parties
subject to the rule are those states that must carry out the oversight
of rail fixed guideway public transportation systems within their
jurisdictions.
General: Congress enacted the Moving Ahead for Progress in
the 21st Century Act (MAP-21) (Pub. L. 112-141, July 6, 2012). FTA
promulgated a new rule, 49 CFR part 674, to implement the MAP-21
requirements which require a state to oversee the safety and security
of rail fixed guideway systems within its jurisdiction. Pursuant to
MAP-21, Part 659 will be rescinded in April 2019; that is, three-years
following the effective date of the Part 674. Meanwhile, states will
revise their SSO programs to conform to the new MAP-21 requirements.
Part 674 specifies that a state must have its new program standard
certified by FTA. In addition, a state must demonstrate its SSOA's
financial and legal independence from the RTAs it oversees and
demonstrate its ability to effectively oversee the safety of the rail
fixed guideway public transportation systems throughout the state.
FTA's plain language review of this rule indicates no need for
substantial revision.
49 CFR part 663--Pre-Award and Post-Delivery Audits of Rolling Stock
Purchases
Section 610: FTA conducted a Section 610 review of this
part and found no SEISNOSE.
General: The rule was promulgated to assist transit
agencies conducting pre-award and post-delivery audits of rolling stock
procurements, as required under 49 U.S.C. 5323(m). The agency has
determined that the rule is cost-effective and imposes the least
possible burden on small entities. FTA's plain language review of this
rule indicates no need for substantial revision.
Year 10 (Fall 2017)--List of Rule(s) That Will be Analyzed This Year
49 CFR part 665--Bus Testing
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.
------------------------------------------------------------------------
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 With Ongoing Analysis
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
Year 10 (2017) List of Rules That Will be Analyzed During the Next Year
46 CFR part 390--Capital Construction Fund implementing regulations
46 CFR part 391--Federal Income Tax Aspects of the Capital Construction
Fund
46 CFR part 393--America's Marine Highway Program implementing
regulations
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.
[[Page 1916]]
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.
------------------------------------------------------------------------
Year 9 (Fall 2017) List of Rules Analyzed and a Summary of Results
49 CFR parts 172, 173, 174, 176, and 177--Hazardous Materials Table,
Special Provisions, Hazardous Materials Communications, Emergency
Response Information, Training Requirements, and Security Plans;
Shippers--General Requirements for Shipments and Packagings; Carriage
by Rail; Carriage by Vessel; and Carriage by Public Highway.
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 will be proposed in the upcoming biennial international
harmonization rulemaking.
General: On March 30, 2017, PHMSA issued a final rule
titled ``Hazardous Materials: Harmonization with International
Standards'' that amended the Hazardous Materials Regulations (HMR) to
maintain consistency with international regulations and standards by
incorporating various amendments, including changes to proper shipping
names, hazard classes, packing groups, special provisions, packaging
authorizations, air transport quantity limitations, and vessel stowage
requirements (82 FR 15796). These revisions were necessary to harmonize
the HMR with recent changes made to the International Maritime
Dangerous Goods (IMDG) Code, the International Civil Aviation
Organization's Technical Instructions (ICAO TI) for the Safe Transport
of Dangerous Goods by Air, and the United Nations (UN) Recommendations
on the Transport of Dangerous Goods--Model Regulations. Additionally,
PHMSA adopted several amendments to the HMR that resulted from
coordination with Canada under the U.S.-Canada Regulatory Cooperation
Council.
This rulemaking action is part of our ongoing biennial process to
harmonize the HMR with international regulations and standards. Federal
law and policy strongly favor the harmonization of domestic and
international standards for hazardous materials transportation. The
Federal hazardous materials transportation law (Federal hazmat law; 49
U.S.C. 5101 et seq.) directs PHMSA to participate in relevant
international standard-setting bodies and promotes consistency of the
HMR with international transport standards to the extent practicable.
Federal hazmat law permits PHMSA to depart from international standards
where appropriate, including to promote safety or other overriding
public interests. However, Federal hazmat law otherwise encourages
domestic and international harmonization (see 49 U.S.C. 5120).
Harmonization facilitates international trade by minimizing the
costs and other burdens of complying with multiple or inconsistent
safety requirements for transportation of hazardous materials. Safety
is enhanced by creating a uniform framework for compliance, and as the
volume of hazardous materials transported in international commerce
continues to grow, harmonization becomes increasingly important.
The impact that it will have on small entities is not expected to
be significant. The final rule clarified provisions based on PHMSA's
initiatives and correspondence with the regulated community and
domestic and international stakeholders. The changes are generally
intended to provide relief and, as a result, marginal positive economic
benefits to shippers, carriers, and packaging manufacturers 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 193--Liquefied Natural Gas Facilities: Federal Safety
Standards
Section 610: There is no SEIOSNOSE.
General: This rule prescribes safety standards for LNG
facilities used in the transportation of gas by pipeline that is
subject to the pipeline safety laws (49 U.S.C. 60101 et seq.) and Part
192. PHMSA's plain language review of this rule indicates no need for
substantial revision.
Year 10 (fall 2018) List of Rules That Will be Analyzed During the Next
Year
49 CFR part 173--Shippers--General Requirements for Shipments and
Packagings
49 CFR part 194--Response Plans for Onshore Oil Pipelines
Saint Lawrence Seaway Development Corporation
Section 610 and Other Reviews
------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 33 CFR parts 401 2017 2018
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
[[Page 1917]]
Federal Aviation Administration--Prerule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
293....................... + 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.
------------------------------------------------------------------------
294....................... Drug and Alcohol Testing 2120-AK09
of Certain Maintenance
Provider Employees
Located Outside of the
United States.
295....................... + Applying the Flight, 2120-AK22
Duty, and Rest
Requirements to Ferry
Flights That Follow
Domestic, Flag, or
Supplemental All-Cargo
Operations
(Reauthorization).
296....................... + Pilot Records Database 2120-AK31
(HR 5900) (Reg Plan Seq
No. 71).
297....................... + Aircraft Registration 2120-AK37
and Airmen Certification
Fees.
298....................... + Requirements to File 2120-AK77
Notice of Construction of
Meteorological Evaluation
Towers and Other
Renewable Energy Projects
(Section 610 Review).
299....................... + Operations of Small 2120-AK85
Unmanned Aircraft Over
People (Reg Plan Seq No.
73).
------------------------------------------------------------------------
+ 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.
------------------------------------------------------------------------
300....................... + Airport Safety 2120-AJ38
Management System.
301....................... Updates to Rulemaking and 2120-AK76
Waiver Procedures and
Expansion of the
Equivalent Level of
Safety Option (Section
610 Review).
302....................... +Registration and Marking 2120-AK82
Requirements for Small
Unmanned Aircraft (Reg
Plan Seq No. 76).
------------------------------------------------------------------------
+ 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--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
303....................... + Regulation Of Flight 2120-AJ78
Operations Conducted By
Alaska Guide Pilots.
304....................... + Helicopter Air Ambulance 2120-AK57
Pilot Training and
Operational Requirements
(HAA II) (FAA
Reauthorization).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Motor Carrier Safety Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
305....................... Motorcoach Lap/Shoulder 2126-AC08
Seat Belts (Section 610
Review).
306....................... Controlled Substances and 2126-AC11
Alcohol Testing: State
Driver's Licensing Agency
Downgrade of Commercial
Driver's License (Section
610 Review).
------------------------------------------------------------------------
Federal Motor Carrier Safety Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
307....................... Commercial Learner's 2126-AB98
Permit Validity (Section
610 Review).
308....................... Incorporation by 2126-AC01
Reference; North American
Standard Out-of-Service
Criteria; Hazardous
Materials Safety Permits
(Section 610 Review).
309....................... Fees for the Unified 2126-AC03
Carrier Plan and
Agreement (Section 610
Review).
------------------------------------------------------------------------
[[Page 1918]]
Federal Motor Carrier Safety Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
310....................... + Safety Monitoring System 2126-AA35
and Compliance Initiative
for Mexico-Domiciled
Motor Carriers Operating
in the United States.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Federal Railroad Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
311....................... + Train Crew Staffing and 2130-AC48
Location.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
Saint Lawrence Seaway Development Corporation--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
312....................... Seaway Regulations and 2135-AA43
Rules: Periodic Update,
Various Categories
(Rulemaking Resulting
From a Section 610
Review).
313....................... Tariff of Tolls 2135-AA44
(Rulemaking Resulting
From a Section 610
Review).
------------------------------------------------------------------------
Pipeline and Hazardous Materials Safety Administration--Proposed Rule
Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
314....................... Pipeline Safety: 2137-AF06
Amendments to Parts 192
and 195 to Require Valve
Installation and Minimum
Rupture Detection
Standards.
------------------------------------------------------------------------
Pipeline and Hazardous Materials Safety Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
315....................... + Pipeline Safety: Safety 2137-AE66
of Hazardous Liquid
Pipelines (Reg Plan Seq
No. 83).
316....................... Pipeline Safety: Issues 2137-AE93
Related to the Use of
Plastic Pipe in Gas
Pipeline Industry (RRR).
317....................... + Hazardous Materials: Oil 2137-AF08
Spill Response Plans and
Information Sharing for
High-Hazard Flammable
Trains (Reg Plan Seq No.
85).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Prerule Stage
293. +Applying the Flight, Duty, and Rest Rules of 14 CFR Part 135 to
Tail-End Ferry Operations (FAA Reauthorization)
E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 1153; 49 U.S.C. 40101;
49 U.S.C. 40102; 49 U.S.C. 40103; 49 U.S.C. 40113; 49 U.S.C. 41706; 49
U.S.C. 44105; 49 U.S.C. 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; 49 U.S.C.
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
employed by an air carrier conducting operations under part 135 and
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............................... 04/00/18 .......................
------------------------------------------------------------------------
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
294. Drug and Alcohol Testing of Certain Maintenance Provider Employees
Located Outside of the United States
E.O. 13771 Designation: Not subject to, not significant.
[[Page 1919]]
Legal Authority: 14 CFR; 49 U.S.C. 106(g); 49 U.S.C. 40113; 49
U.S.C. 44701; 49 U.S.C. 44702; 49 U.S.C. 44707; 49 U.S.C. 44709; 49
U.S.C. 44717
Abstract: This rulemaking 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 a statutory mandate under section 308(d) of
the FAA Modernization and Reform Act of 2012 (Pub. L. 112-95).
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................................ 01/00/18 .......................
------------------------------------------------------------------------
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
295. +Applying the Flight, Duty, and Rest Requirements to Ferry Flights
That Follow Domestic, Flag, or Supplemental All-Cargo Operations
(Reauthorization)
E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 40113; 49 U.S.C.
40119; 49 U.S.C. 41706; 49 U.S.C. 44101; 49 U.S.C. 44701; 49 U.S.C.
44702; 49 U.S.C. 44705; 49 U.S.C. 44709 to 44711; 49 U.S.C. 44713; 49
U.S.C. 44716; 49 U.S.C. 44717
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................................ 02/00/18 .......................
------------------------------------------------------------------------
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
296. +Pilot Records Database (HR 5900)
Regulatory Plan: This entry is Seq. No. 71 in part II of this issue
of the Federal Register.
RIN: 2120-AK31
297. +Aircraft Registration and Airmen Certification Fees
E.O. 13771 Designation: Regulatory.
Legal Authority: 31 U.S.C. 9701; 4 U.S.C. 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; 49 U.S.C.
40105; 49 U.S.C. 40109; 49 U.S.C. 40113; 49 U.S.C. 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; 49 U.S.C. 45103; 49 U.S.C. 45301; 49 U.S.C. 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................................ 04/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Isra Raza, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591, Phone: 202 267-8994, Email: [email protected].
RIN: 2120-AK37
298. +Requirements To File Notice of Construction of Meteorological
Evaluation Towers and Other Renewable Energy Projects (Section 610
Review)
E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 40103
Abstract: This rulemaking would add specific requirements for
proponents who wish to construct meteorological evaluation towers at a
height of 50 feet above ground level (AGL) up to 200 feet AGL to file
notice of construction with the FAA. This rule also requires sponsors
of wind turbines to provide certain specific data when filing notice of
construction with the FAA. This rulemaking is a statutory mandate under
section 2110 of the FAA Extension, Safety, and Security Act of 2016
(Pub. L. 114-190).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Sheri Edgett-Baron, Air Traffic Service, Department
of Transportation, Federal Aviation Administration, 800 Independence
Avenue SW, Washington, DC 20591, Phone: 202 267-9354.
RIN: 2120-AK77
299. +Operations of Small Unmanned Aircraft Over People
Regulatory Plan: This entry is Seq. No. 73 in part II of this issue
of the Federal Register.
RIN: 2120-AK85
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Final Rule Stage
300. +Airport Safety Management System
E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 44706; 49 U.S.C. 106(g); 49 U.S.C.
40113; 49 U.S.C. 44701 to 44706; 49 U.S.C. 44709; 49 U.S.C. 44719
Abstract: This rulemaking would require certain airport certificate
holders to develop, implement, maintain, and adhere to a safety
management system (SMS) for its aviation related activities. An SMS is
a formalized approach to managing safety by developing an organization-
wide safety policy, developing formal methods of identifying hazards,
analyzing and
[[Page 1920]]
mitigating risk, developing methods for ensuring continuous safety
improvement, and creating organization-wide safety promotion
strategies.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/07/10 75 FR 62008
NPRM Comment Period Extended........ 12/10/10 75 FR 76928
NPRM Comment Period End............. 01/05/11 .......................
End of Extended Comment Period...... 03/07/11 .......................
Second Extension of Comment Period.. 03/07/11 76 FR 12300
End of Second Extended Comment 07/05/11 .......................
Period.
Second NPRM......................... 07/14/16 81 FR 45871
Second NPRM Comment Period End...... 09/12/16 .......................
Final Rule.......................... 04/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Keri Lyons, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591, Phone: 202 267-8972, Email: [email protected].
RIN: 2120-AJ38
301. Updates to Rulemaking and Waiver Procedures and Expansion of the
Equivalent Level of Safety Option (Section 610 Review)
E.O. 13771 Designation: Deregulatory.
Legal Authority: 51 U.S.C. 50901; 51 U.S.C. 50903; 51 U.S.C. 50904;
51 U.S.C. 50905
Abstract: This rulemaking would streamline and improve commercial
space transportation's general rulemaking and petition procedures by
reflecting current practice; reorganizing the regulations for clarity
and flow; and allowing petitioners to file their petitions
electronically. This action would expand the option to satisfy
commercial space transportation requirements by demonstrating an
equivalent level of safety. These changes are necessary to ensure the
regulations are current, accurate, and are not unnecessarily
burdensome. The intended effect of these changes is to improve the
clarity of the regulations and reduce burden on the industry and on the
FAA.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/01/16 81 FR 34919
NPRM Comment Period End............. 08/01/16 .......................
Final Rule.......................... 11/00/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
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-AK76
302. +Registration and Marking Requirements for Small Unmanned Aircraft
Regulatory Plan: This entry is Seq. No. 76 in part II of this issue
of the Federal Register.
RIN: 2120-AK82
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Long-Term Actions
303. +Regulation of Flight Operations Conducted by Alaska Guide Pilots
E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 106(g) ; 49 U.S.C. 1153; 49 U.S.C. 1155;
49 U.S.C. 40101 to 40103; 49 U.S.C. 40113; 49 U.S.C. 40120; 49 U.S.C.
44101; 49 U.S.C. 44015 to 44016; 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. 46103; 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. 46506 to 46507; 49
U.S.C. 47122; 49 U.S.C. 47508; 49 U.S.C. 47528 to 47531; articles 12
and 29 of 61 Statue 1180; Pub. L. 106-181, sec. 732
Abstract: The rulemaking would establish regulations concerning
Alaska guide pilot operations. The rulemaking would implement
Congressional legislation and establish additional safety requirements
for the conduct of these operations. The intended effect of this
rulemaking is to enhance the level of safety for persons and property
transported in Alaska guide pilot operations. In addition, the
rulemaking would add a general provision applicable to pilots operating
under the general operating and flight rules concerning falsification,
reproduction, and alteration of applications, logbooks, reports, or
records. This rulemaking is a statutory mandate under section 732 of
the Wendell H. Ford Aviation Investment and Reform Act for the 21st
Century, (Pub. L. 106-181).
Timetable: Next Action Undetermined.
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jeff Smith, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20785, Phone: 202 385-9615, Email: [email protected].
RIN: 2120-AJ78
304. +Helicopter Air Ambulance Pilot Training and Operational
Requirements (HAA II) (FAA Reauthorization)
E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 106(f); 49 U.S.C. 106(g); 49 U.S.C.
40113; 49 U.S.C. 41706; 49 U.S.C. 44701; 49 U.S.C. 44702; 49 U.S.C.
44705; 49 U.S.C. 44709; 49 U.S.C. 44711 to 44713; 49 U.S.C. 44715 to
44717; 49 U.S.C. 44722; 49 U.S.C. 44730; 49 U.S.C. 45101 to 45105
Abstract: This rulemaking would develop training requirements for
crew resource management, flight risk evaluation, and operational
control of the pilot in command, as well as to develop standards for
the use of flight simulation training devices and line-oriented flight
training. Additionally, it would establish requirements for the use of
safety equipment for flight crewmembers and flight nurses. These
changes will aide in the increase in aviation safety and increase
survivability in the event of an accident. Without these changes, the
Helicopter Air Ambulance industry may continue to see the unacceptable
high rate of aircraft accidents. This rulemaking is a statutory mandate
under section 306(e) of the FAA Modernization and Reform Act of 2012
(Pub. L. 112-95).
Timetable: Next Action Undetermined.
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Chris Holliday, Department of Transportation,
Federal Aviation Administration, 801 Pennsylvania Avenue NW,
Washington, DC 20024, Phone: 202 267-4552, Email:
[email protected].
RIN: 2120-AK57
[[Page 1921]]
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Motor Carrier Safety Administration (FMCSA)
Proposed Rule Stage
305. Motorcoach Lap/Shoulder Seat Belts (Section 610 Review)
E.O. 13771 Designation: Regulatory.
Legal Authority: Not Yet Determined
Abstract: The Federal Motor Carrier Safety Administration proposes
to amend the Federal motor carrier safety regulations to require all
over-the-road buses manufactured on or after November 28, 2016, and
other buses with a gross vehicle weight rating greater than 26,000
pounds and manufactured during the same timeframe to be equipped with
lap/shoulder seat belts in accordance with Federal Motor Vehicle Safety
Standard No. 208 accommodating each passenger seating position, with
certain exclusions. This rule will be a companion rule to the final
rule published by the National Highway Traffic Safety Administration's
final rule published in November 2013.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Larry W. Minor, Director, 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: 202 366-4009, Email: [email protected].
RIN: 2126-AC08
306. Controlled Substances and Alcohol Testing: State Driver's
Licensing Agency Downgrade of Commercial Driver's License (Section 610
Review)
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 49 U.S.C. 31136(a); 49 U.S.C. 31305(a)
Abstract: The Commercial Driver's License Drug and Alcohol
Clearinghouse (Clearinghouse) final rule (81 FR 87686 (Dec. 5, 2016),
requires State Driver Licensing Agencies (SDLAs) to check the
Clearinghouse before issuing, renewing, transferring, or upgrading a
Commercial Driver's License (CDL) to determine whether the driver is
qualified to operate a commercial motor vehicle. FMCSA proposes to
amend the Clearinghouse final rule to require SDLAs to downgrade the
CDL of any driver for whom a verified positive controlled substances
(drug) test result, an alcohol confirmation test with a concentration
of .04 or higher, a refusal to submit to a drug or alcohol test, or an
employer's actual knowledge of prohibited drug or alcohol use is
reported to the Clearinghouse. Under this NPRM, the CDL downgrade,
currently defined in 49 CFR 383.5 as the removal of the CDL privilege
from the driver's license, will remain in effect until the driver
complies with return to duty requirements set forth in 49 CFR part 40,
subpart O. SDLAs will have electronic access to relevant information in
the CDL holder's Clearinghouse record through the Commercial Driver's
License Information System (CDLIS), which will enable them to initiate
the downgrade process and to restore the CDL privilege to the driver's
license upon his or her completion of return to duty requirements. This
proposal is intended to improve highway safety by establishing a means
to enforce the existing requirement that CDL holders who test positive
or refuse to test, or engage in other drug and alcohol program
violations, must not perform safety-sensitive functions, including
driving a commercial motor vehicle in intrastate or interstate
commerce. This NPRM does not propose any other changes to the
Clearinghouse final rule, nor does it propose any changes to the drug
and alcohol testing requirements in part 382 and part 40.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Agency Contact: Juan Moya, Department of Transportation, Federal
Motor Carrier Safety Administration, 1200 New Jersey Ave. SE,
Washington, DC 20590, Phone: 202 366-4844, Email: [email protected].
RIN: 2126-AC11
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Motor Carrier Safety Administration (FMCSA)
Final Rule Stage
307. Commercial Learner's Permit Validity (Section 610 Review)
E.O. 13771 Designation: Deregulatory.
Legal Authority: 49 U.S.C. 31305; 49 U.S.C. 31308
Abstract: This rulemaking would amend Commercial Driver's License
(CDL) regulations to allow a commercial learner's permit to be issued
for one year, without renewal, rather than for no more than 180 days
with an additional 180 day renewal. This change would reduce costs to
CDL applicants who are unable to complete the required training and
testing within the current validity period, with no expected negative
safety benefits.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/12/17 82 FR 26888
NPRM Comment Period End............. 08/11/17 .......................
NPRM Comment Period End............. 08/11/17 .......................
Final Rule.......................... 03/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Thomas Yager, Driver and Carrier Operations
Division, Department of Transportation, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, Phone:
202 366-4325, Email: [email protected].
RIN: 2126-AB98
308. Incorporation by Reference; North American Standard Out-
of-Service Criteria; Hazardous Materials Safety Permits (Section 610
Review)
E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 5105; 49 U.S.C. 5109
Abstract: This action will update an existing incorporation by
reference (by the Commercial Vehicle Safety Alliance) of the North
American Standard Out-of-Service Criteria and level VI inspection
procedures and out-of-service for commercial highway vehicles
transporting transuranics and highway route controlled quantities of
radioactive materials as defined in 49 CFR part 173.403.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 11/00/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Stephanie Dunlap, Department of Transportation,
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590, Phone: 202 366-3536, Email:
[email protected].
RIN: 2126-AC01
309. Fees for the Unified Carrier Plan and Agreement (Section
610 Review)
E.O. 13771 Designation: Regulatory.
[[Page 1922]]
Legal Authority: 49 U.S.C. 14504a
Abstract: This rule will reset the registration fees and a fee
bracket structure for the Unified Carrier Registration Agreement set to
begin in calendar year 2018. The statute specifies that the fees are to
be determined by the Federal Motor Carrier Safety Administration based
upon the recommendation of the Unified Carrier Registration Board of
Directors.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/21/17 82 FR 44143
NPRM Comment Period End............. 10/02/17 .......................
Final Rule.......................... 12/00/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Frederic Wood, Attorney, Department of
Transportation, Federal Motor Carrier Safety Administration, 1200 New
Jersey Avenue SE, Washington, DC 20590, Phone: 202 366-8542, Email:
[email protected].
RIN: 2126-AC03
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Motor Carrier Safety Administration (FMCSA)
Long-Term Actions
310. +Safety Monitoring System and Compliance Initiative for Mexico-
Domiciled Motor Carriers Operating in the United States
E.O. 13771 Designation: Regulatory.
Legal Authority: Pub. L. 107-87, sec. 350; 49 U.S.C. 113; 49 U.S.C.
31136; 49 U.S.C. 31144; 49 U.S.C. 31502; 49 U.S.C. 504; 49 U.S.C. 5113;
49 U.S.C. 521(b)(5)(A)
Abstract: This rule would implement a safety monitoring system and
compliance initiative designed to evaluate the continuing safety
fitness of all Mexico-domiciled carriers within 18 months after
receiving a provisional certificate of registration or provisional
authority to operate in the United States. It also would establish
suspension and revocation procedures for provisional certificates of
registration and operating authority, and incorporate criteria to be
used by FMCSA in evaluating whether Mexico-domiciled carriers exercise
basic safety management controls. The interim rule included
requirements that were not proposed in the NPRM but which are necessary
to comply with the FY-2002 DOT Appropriations Act. On January 16, 2003,
the Ninth Circuit Court of Appeals remanded this rule, along with two
other NAFTA-related rules, to the Agency, requiring a full
environmental impact statement and an analysis required by the Clean
Air Act. On June 7, 2004, the Supreme Court reversed the Ninth Circuit
and remanded the case, holding that FMCSA is not required to prepare
the environmental documents. FMCSA originally planned to publish a
final rule by November 28, 2003. FMCSA will determine the next steps to
be taken after the pilot program on the long haul trucking provisions
of NAFTA is completed.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/03/01 66 FR 22415
NPRM Comment Period End............. 07/02/01 .......................
Interim Final Rule.................. 03/19/02 67 FR 12758
Interim Final Rule Comment Period 04/18/02 .......................
End.
Interim Final Rule Effective........ 05/03/02 .......................
Notice of Intent To Prepare an EIS.. 08/26/03 68 FR 51322
EIS Public Scoping Meetings......... 10/08/03 68 FR 58162
Next Action Undetermined............
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ms. Dolores Macias, Acting Division Chief,
Department of Transportation, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, Phone:
202 366-2995, Email: [email protected].
RIN: 2126-AA35
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Railroad Administration (FRA)
Final Rule Stage
311. +Train Crew Staffing and Location
E.O. 13771 Designation: Regulatory.
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 and 21302; 49 U.S.C. 21304
Abstract: This rule would establish requirements to appropriately
address known safety risks posed by train operations that use fewer
than two crewmembers. FRA is considering options based on public
comments on the proposed rule and other information.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/15/16 81 FR 13918
NPRM Comment Period End............. 05/16/16 .......................
Final Rule.......................... 08/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Elliott Gillooly, Department of Transportation,
Federal Railroad Administration, 1200 New Jersey Avenue SE, Washington,
DC 20590, Phone: 202 366-4000, Email: [email protected].
RIN: 2130-AC48
DEPARTMENT OF TRANSPORTATION (DOT)
Saint Lawrence Seaway Development Corporation (SLSDC)
Final Rule Stage
312. Seaway Regulations and Rules: Periodic Update, Various
Categories (Rulemaking Resulting From a Section 610 Review)
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 33 U.S.C. 981 et seq.
Abstract: The Saint Lawrence Seaway Development Corporation (SLSDC)
and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada,
under international agreement, jointly publish and presently administer
the St. Lawrence Seaway Regulations and Rules (Practices and Procedures
in Canada) in their respective jurisdictions. Under agreement with the
SLSMC, the SLSDC is amending the joint regulations by updating the
Seaway regulations and rules in various categories. These amendments
are necessary to take account of updated procedures and will enhance
the safety of transits through the Seaway.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 02/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Carrie Lavigne, Department of Transportation, Saint
Lawrence Seaway Development Corporation, 1200 New Jersey Avenue SE,
Washington, DC 20590, Phone: 315 764-3231, Email: [email protected].
RIN: 2135-AA43
[[Page 1923]]
313. Tariff of Tolls (Rulemaking Resulting From a Section 610
Review)
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 33 U.S.C. 981 et seq.
Abstract: The Saint Lawrence Seaway Development Corporation (SLSDC)
and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada,
under international agreement, jointly publish and presently administer
the St. Lawrence Seaway Tariff of Tolls in their respective
jurisdictions. The Tariff sets forth the level of tolls assessed on all
commodities and vessels transiting the facilities operated by the SLSDC
and the SLSMC. The SLSDC is revising its regulations to reflect the
fees and charges levied by the SLSMC in Canada, starting in the 2018
navigations season.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 02/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Carrie Lavigne, Department of Transportation, Saint
Lawrence Seaway Development Corporation, 1200 New Jersey Avenue SE,
Washington, DC 20590, Phone: 315 764-3231, Email: