[Federal Register Volume 83, Number 222 (Friday, November 16, 2018)]
[Proposed Rules]
[Pages 58052-58070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24091]



[[Page 58051]]

Vol. 83

Friday,

No. 222

November 16, 2018

Part XI





Department of Transportation





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Semiannual Regulatory Agenda

  Federal Register / Vol. 83 , No. 222 / Friday, November 16, 2018 / 
Unified Agenda  

[[Page 58052]]


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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 
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. 
As a result of the RRTF's work, since January 2017, the Department has 
issued deregulatory actions that reduce regulatory costs on the public 
by at least $882 million (in net present value cost savings). Even when 
the costs of significant regulatory actions are factored in, the 
Department's deregulatory actions in FY 2018 will still result in over 
$500 million in net cost savings (in net present value). With the 
RRTF's assistance, the Department has achieved these cost savings in a 
manner that is fully consistent with enhancing safety. For example, in 
March 2018, the FAA promulgated a rule titled Rotorcraft Pilot 
Compartment View, which will reduce the number of tests for nighttime 
operations, after the Agency carefully considered the safety data and 
determined the tests were unnecessary.
    The Department has also significantly increased the number of 
deregulatory actions it is pursuing. Today, DOT is pursuing over 120 
deregulatory rulemakings, up from just 16 in the fall of 2016.
    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

[[Page 58053]]

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, enabling 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 being sure that we do not regress from the successes 
already achieved. Our planned regulatory actions reflect a careful 
balance that emphasizes the Department's priority in fostering 
innovation while at the same time meeting the challenges of maintaining 
a safe, reliable, and sustainable transportation system.
    For example, the National Highway Traffic Safety Administration 
(NHTSA) is working on reducing regulatory barriers to technology 
innovation, including the integration of automated vehicles. Automated 
vehicles are expected to increase safety significantly by reducing the 
likelihood of human error when driving, which today accounts for the 
overwhelming majority of accidents on our nation's roadways. NHTSA 
plans to issue regulatory actions that: (1) Design a pilot program for 
vehicles that may not meet FMVSS; (2) allow for permanent updates to 
current FMVSS reflecting new technology; and (3) allow for updates to 
NHTSA's regulations outlining the administrative processes for 
petitioning the agency for exemptions, rulemakings, and 
reconsiderations. Similarly, the Federal Aviation Administration (FAA) 
is working to enable, safely and efficiently, the integration of 
unmanned aircraft systems (UAS) into the National Airspace System. UAS 
are expected to continue to drive innovation and increase safety as 
operators and manufacturers find new and inventive uses for UAS. For 
instance, UAS are poised to assist human operators with a number of 
different mission sets such as inspection of critical infrastructure 
and search and rescue, enabling beneficial and lifesaving activities 
that would otherwise be difficult or even impossible for a human to 
accomplish unassisted. The Department has regulatory efforts underway 
to further integrate UAS safely and efficiently.
    The Department is working on several rulemakings to facilitate a 
major transformation of our national space program from one in which 
the federal government has a primary role to one in which private 
industry drives growth in innovation and launches. The Department is 
also currently working on a rulemaking to facilitate a major 
transformation of our national space program that will enable private 
industry to drive growth in innovation and launches. The FAA is 
proposing a rule that will fundamentally change how FAA licenses 
launches and reentries of commercial space vehicles moving from 
prescriptive requirements to a performance based approach.

Explanation of Information in the Agenda

    An Office of Management and Budget memorandum, dated June 18, 2018, 
establishes 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; (15) the action's 
designation under Executive Order 13771 explaining whether the action 
will have a regulatory or deregulatory effect; and (16) 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.
    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. A portion of 
the Agenda is published in the Federal Register, however, because the 
Regulatory Flexibility Act (5 U.S.C. 602) mandates publication for the 
regulatory flexibility agenda. Accordingly, 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

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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.

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 account 
process to ensure ``meaningful and timely input'' by State, local, and 
tribal officials in the development of regulatory policies that have 
federalism or tribal implications. These policies are defined in the 
Executive orders to include regulations that have ``substantial direct 
effects'' on States or Indian tribes, on the relationship between the 
Federal Government and them, or on the distribution of power and 
responsibilities between the Federal Government and various levels of 
Government or Indian tribes. Therefore, we encourage State and local 
Governments or Indian tribes to provide us with information about how 
the Department's rulemakings impact them.

Purpose

    The Department is publishing this regulatory Agenda in the Federal 
Register to share with interested members of the public the 
Department's preliminary expectations regarding its future regulatory 
actions. This should enable the public to be more aware of the 
Department's regulatory activity and should result in more effective 
public participation. This publication in the Federal Register does not 
impose any binding obligation on the Department or any of the offices 
within the Department with regard to any specific item on the Agenda. 
Regulatory action, in addition to the items listed, is not precluded.

    Dated: July 27, 2018.
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--Kathryn Gresham, Office of Chief Counsel, 1200 New Jersey 
Avenue SE, Washington, DC 20590; telephone (202) 493-6063.
    FTA--Chaya Koffman, Office of Chief Counsel, 1200 New Jersey Avenue 
SE, Washington, DC 20590; telephone (202) 366-3101.
    SLSDC--Carrie Mann Lavigne, Chief Counsel, 180 Andrews Street, 
Massena, NY 13662; telephone (315) 764-3200.
    PHMSA--Stephen Gordon, Office of Chief Counsel, 1200 New Jersey 
Avenue SE, Washington, DC 20590; telephone (202) 366-1101.
    MARAD--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 
Executive Order 12866, ``Regulatory Planning and Review,'' Executive 
Order 13563, ``Improving Regulation and Regulatory Review,'' 76 FR 3821 
(January 18, 2011), Executive Order 13771 ``Reducing Regulation and 
Controlling Regulatory Costs,'' Executive Order 13777, ``Enforcing the 
Regulatory Agenda,'' and

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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'' (SEISNOSE). 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 (2018) begins in the fall of 2018 and ends in the fall of 2019; Year 
2 (2019) begins in the fall of 2019 and ends in the fall of 2020, 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 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 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 SEISNOSE 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 SEISNOSE, 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 
SEISNOSE, 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

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  49 CFR parts 91             2018            2019
                         through 99.
                        14 CFR parts 200
                         through 212.
                        48 CFR parts
                         1201 through
                         1224.
2.....................  48 CFR parts                2019            2020
                         1227 through
                         1253 and new
                         parts and
                         subparts.
3.....................  14 CFR parts 213            2020            2021
                         through 232.
4.....................  14 CFR parts 234            2021            2022
                         through 254.
5.....................  14 CFR parts 255            2022            2023
                         through 298 and
                         49 CFR part 40.
6.....................  14 CFR parts 300            2023            2024
                         through 373.
7.....................  14 CFR parts 374            2024            2025
                         through 398.
8.....................  14 CFR part 399             2025            2026
                         and 49 CFR
                         parts 1 through
                         15.
9.....................  49 CFR parts 17             2026            2027
                         through 28.

[[Page 58056]]

 
10....................  49 CFR parts 29             2027            2028
                         through 39 and
                         parts 41
                         through 89.
------------------------------------------------------------------------

Year 10 (2017) List of Rules Analyzed and a Summary of Results
49 CFR part 30--Denial of Public Works Contracts to Suppliers of Goods 
and Services of Countries That Deny Procurement Market Access to U.S. 
Contractors

     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.

49 CFR part 31--Program Fraud Civil Remedies

     Section 610: OST conducted a review of this part and found 
no SEISNOSE.
     General: Changes are needed to this part to remove 
obsolete references; update the Civil Penalties in accordance with the 
Federal Civil Penalties Inflation Adjustment Act Improvements Act of 
2015 (Pub. L. 114-74, section 701), including adding reference to the 
Act in the footnotes to append to the amounts of those penalties; 
correct and/or remove certain phrases and terms throughout the part; 
and to clarify the meaning of ``designated by the party's 
representative'' found in 31.33(f)(2)(ii). OST's plain language review 
of this part indicates no need for substantial revision.

49 CFR part 32--Governmentwide Requirements for Drug-Free Workplace 
(Financial Assistance)

     Section 610: OST conducted review of this part and found 
no SEISNOSE.
     General: No changes are needed to this part of the 
regulation. OST's plain language review of this part indicates no need 
for substantial revision.

49 CFR part 33--Transportation Priorities and Allocation System

     Section 610: OST conducted review of this part and found 
no SEISNOSE.
     General: Review of this part indicates that Schedule 1 of 
the appendix needs to be updated to include current approved programs. 
Additionally, Form OST F 1254--Appendix I needs to be updated with an 
OMB Control Number. OST's plain language review of this part indicates 
no need for substantial revision.

49 CFR part 37--Transportation Services for Individuals With 
Disabilities (ADA)

     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.

49 CFR part 38--Americans With Disabilities Act (ADA) Accessibility 
Specifications for Transportation Vehicles

     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.

49 CFR part 39--Transportation for Individuals With Disabilities: 
Passenger Vessels

     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.

49 CFR part 41--Seismic Safety

     Section 610: OST conducted review of this part and found 
no SEISNOSE.
     General: Review of this part indicates that this part 
needs to be updated for consistency with Executive Order 13717, 
February 2, 2016, which repealed the underlying Executive Order 12699. 
OST's plain language review of this part indicates no need for 
substantial revision.

49 CFR part 71--Standard Time Zone Boundaries

     Section 610: No SEISNOSE. No small entities are affected.
     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.

49 CFR part 79--Medals of Honor

     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.

49 CFR part 80--Credit Assistance for Surface Transportation Projects

     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.

49 CFR part 89--Implementation of Federal Claims Collection Act

     Section 610: OST conducted review of this part and found 
no SEISNOSE.
     General: Review of this part outlined that numerous cross-
references to statutes and regulations should be updated to ensure the 
references are current and that the DOT's regulations are consistent 
with those references; this includes removing any obsolete references 
to regulations or statutes that have been rescinded. OST's plain 
language review of this part indicates no need for substantial 
revision.

Year 1 (Fall 2018) List of Rules That Will Be Analyzed During the Next 
Year
49 CFR part 91--International Air Transportation Fair Competitive 
Practices
49 CFR part 92--Recovering Debts to the United States by Salary Offset
49 CFR part 93--Aircraft Allocation
49 CFR part 98--Enforcement of Restrictions on Post-Employment 
Activities
49 CFR part 99--Employee Responsibilities and Conduct
14 CFR part 200--Definitions and Instructions
14 CFR part 201--Air Carrier Authority under Subtitle VII of Title 49 
of the United States Code [Amended]
14 CFR part 203--Waiver of Warsaw Convention Liability Limits and 
Defenses
14 CFR part 204--Data to Support Fitness Determinations
14 CFR part 205--Aircraft Accident Liability Insurance
14 CFR part 206--Certificates of Public Convenience and Necessity: 
Special Authorizations and Exemptions
14 CFR part 207--Charter Trips by U.S. Scheduled Air Carriers
14 CFR part 208--Charter Trips by U.S. Charter Air Carriers
14 CFR part 211--Applications for Permits to Foreign Air Carriers
14 CFR part 212--Charter Rules for U.S. and Foreign Direct Air Carriers
48 CFR part 1201--Federal Acquisition Regulations System
48 CFR part 1202--Definitions of Words and Terms

[[Page 58057]]

48 CFR part 1203--Improper Business Practices and Personal Conflicts of 
Interest
48 CFR part 1204--Administrative Matters
48 CFR part 1205--Publicizing Contract Actions
48 CFR part 1206--Competition Requirements
48 CFR part 1207--Acquisition Planning
48 CFR part 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

Federal Aviation Administration

Section 610 and Other Reviews
    The Federal Aviation Administration (FAA) has elected to use the 
two-step, two-year process used by most Department of Transportation 
(DOT) modes in past plans. As such, the FAA has divided its rules into 
10 groups as displayed in the table below. During the first year (the 
``analysis year''), all rules published during the previous 10 years 
within a 10% block of the regulations will be analyzed to identify 
those with a significant economic impact on a substantial number of 
small entities (SEISNOSE). During the second year (the ``review 
year''), each rule identified in the analysis year as having a SEISNOSE 
will be reviewed in accordance with Section 610(b) to determine if it 
should be continued without change or changed to minimize impact on 
small entities. Results of those reviews will be published in the DOT 
Semiannual Regulatory Agenda.

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  14 CFR parts 119            2018            2019
                         through 129 and
                         parts 150
                         through 156.
2.....................  14 CFR parts 133            2019            2020
                         through 139 and
                         parts 157
                         through 169.
3.....................  14 CFR parts 141            2020            2021
                         through 147 and
                         parts 170
                         through 187.
4.....................  14 CFR parts 189            2021            2022
                         through 198 and
                         parts 1 through
                         16.
5.....................  14 CFR parts 17             2022            2023
                         through 33.
6.....................  14 CFR parts 34             2023            2024
                         through 39 and
                         parts 400
                         through 405.
7.....................  14 CFR parts 43             2024            2025
                         through 49 and
                         parts 406
                         through 415.
8.....................  14 CFR parts 60             2025            2026
                         through 77.
9.....................  14 CFR parts 91             2026            2027
                         through 105.
10....................  14 CFR parts 417            2027            2028
                         through 460.
------------------------------------------------------------------------

Background on the Regulatory Flexibility Act
    The Regulatory Flexibility Act of 1980 as amended (RFA), (sections 
601 through 612 of title 5, United States Code (5 U.S.C.)) requires 
Federal regulatory agencies to analyze all proposed and final rules to 
determine their economic impact on small entities, which includes small 
businesses, small organizations, and small governmental jurisdictions. 
The primary purpose of the RFA is to establish as a principle of 
regulatory issuance that Federal agencies endeavor, consistent with the 
objectives of the rule and applicable statutes, to fit regulatory and 
informational requirements to the scale of entities subject to the 
regulation. The FAA performed the required RFA analyses of each final 
rulemaking action and amendment it has initiated since enactment of the 
RFA in 1980.
    Section 610 of 5 U.S.C. requires government agencies to 
periodically review all regulations that will have a SEISNOSE. The FAA 
must analyze each rule within 10 years of its publication date.
Defining SEISNOSE
    The RFA does not define ``significant economic impact.'' Therefore, 
there is no clear rule or number to determine when a significant 
economic impact occurs. However, the Small Business Administration 
(SBA) states that significance should be determined by considering the 
size of the business, the size of the competitor's business, and the 
impact the same regulation has on larger competitors.
    Likewise, the RFA does not define ``substantial number.'' However, 
the legislative history of the RFA suggests that a substantial number 
must be at least one but does not need to be an overwhelming percentage 
such as more than half. The SBA states that the substantiality of the 
number of small businesses affected should be determined on an 
industry-specific basis.
    This analysis consisted of the following three steps:
    1. Review of the number of small entities affected by the 
amendments to parts 119 through 129 and parts 150 through 156.
    2. Identification and analysis of all amendments to parts 119 
through 129 and parts 150 through 156 since 2008 to determine whether 
any still have or now have a SEISNOSE.
    3. Review of the FAA's regulatory flexibility assessment of each 
amendment performed as required by the RFA.
Year 2 (2019) List of Rules To Be Analyzed the Next Year
14 CFR part 133--Rotorcraft External-Load Operations
14 CFR part 135--Operating Requirements: Commuter and On Demand 
Operations and Rules Governing Persons on Board Such Aircraft
14 CFR part 136--Commercial Air Tours and National Parks Air Tour 
Management
14 CFR part 137--Agricultural Aircraft Operations
14 CFR part 139--Certification of Airports
14 CFR part 157--Notice of Construction, Alteration, Activation, and 
Deactivation of Airports
14 CFR part 158--Passenger Facility Charges
14 CFR part 161--Notice and Approval of Airport Noise and Access 
Restrictions
14 CFR part 169--Expenditure of Federal Funds for Nonmilitary Airports 
or Air Navigation Facilities Thereon

[[Page 58058]]

Year 1 (2018) List of Rules Analyzed and Summary of Results
14 CFR part 119--Certification: Air Carriers and Commercial Operators

     Section 610: The agency conducted a Section 610 review of 
this part and found no SEISNOSE.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden.

14 CFR part 120--Drug and Alcohol Testing Programs

     Section 610: The agency conducted a Section 610 review of 
this part and found Docket No. FAA-2008-0937, 74 FR 22653, May 14, 
2009, as amended by Amendment 120-2, 79 FR 9973, Feb. 21, 2014 of 
section 120.105, Employees Who Must Be Tested, and Docket No. FAA-2008-
0937, 74 FR 22653, May 14, 2009, as amended by Amendment 120-2, 79 FR 
9973, Feb. 21, 2014 of section 120.215, Covered Employees in CFR 120, 
trigger SEISNOSE within the meaning of the RFA.
     General: No revisions are needed. The FAA has considered a 
number of alternatives and has taken steps to minimize the impact on 
small entities in attempts to lower compliance costs for small 
entities, but could not go forward without compromising the safety for 
the industry.

14 CFR part 121--Operating Requirements: Domestic, Flag, and 
Supplemental Operations

     Section 610: The agency conducted a Section 610 review of 
this part and found Docket No. FAA-2008-0677, 78 FR 67836, Nov. 12, 
2013; Docket No. 9509, 35 FR 90, Jan. 3, 1970, as amended by Amendment 
121-366, 78 FR 67836, Nov. 12, 2013; Docket No. FAA-2008-0677, 78 FR 
67837, Nov. 12, 2013; Amendment 121-366, 78 FR 67837, Nov. 12, 2013; 62 
FR 3739, Jan. 24, 1997, as amended by Amendment 121-366, 78 FR 67838, 
Nov. 12, 2013; Docket No. FAA-2010-0100, 78 FR 42377, July 15, 2013, as 
amended by Amendment 121-366, 78 FR 67839, Nov. 12, 2013; Amendment 
121-357, 77 FR 402, Jan. 4, 2012; Docket No. FAA-2009-1093, 77 FR 402, 
Jan. 4, 2012; Docket No. FAA-2002-12461, 71 FR 63640, Oct. 30, 2006, as 
amended by Amendment 121-365, 78 FR 42379, July 15, 2013 in CFR 121 
trigger SEISNOSE within the meaning of the RFA.
     General: No revisions are needed. The FAA has considered a 
number of alternatives and has taken steps to minimize the impact on 
small entities in attempts to lower compliance costs for small 
entities, but could not go forward without compromising the safety for 
the industry.

14 CFR part 125--Certification and Operations: Airplanes Having a 
Seating Capacity of 20 or More Passengers or a Maximum Payload Capacity 
of 6,000 Pounds or More, and Rules Governing Persons on Board Such 
Aircraft

     Section 610:
     General:

14 CFR part 129--Operations: Foreign Air Carriers and Foreign Operators 
of U.S.-Registered Aircraft Engaged in Common Carriage

     Section 610:
     General:

14 CFR part 150--Airport Noise Compatibility Planning

     Section 610: The agency conducted a Section 610 review of 
this part and found no SEISNOSE.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden.

14 CFR part 151--Federal Aid to Airports

     Section 610: The agency conducted a Section 610 review of 
this part and found no SEISNOSE.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden.

14 FR part 152--Airport Aid Program

     Section 610: The agency conducted a Section 610 review of 
this part and found no SEISNOSE.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden.

14 CFR part 153--Airport Operations

     Section 610: The agency conducted a Section 610 review of 
this part and found no SEISNOSE.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden.

14 CFR part 155--Release of Airport Property from Surplus Property 
Disposal Restrictions

     Section 610: The agency conducted a Section 610 review of 
this part and found no SEISNOSE.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden.

14 CFR part 156--State Block Grant Pilot Program

     Section 610: The agency conducted a Section 610 review of 
this part and found no SEISNOSE.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden.

Federal Highway Administration

Section 610 and Other Reviews

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  None............            2018            2019
2.....................  23 CFR parts 1              2019            2020
                         to 260.
3.....................  23 CFR parts 420            2020            2021
                         to 470.
4.....................  23 CFR part 500.            2021            2022
5.....................  23 CFR parts 620            2022            2023
                         to 637.
6.....................  23 CFR parts 645            2023            2024
                         to 669.
7.....................  23 CFR parts 710            2024            2025
                         to 924.
8.....................  23 CFR parts 940            2025            2026
                         to 973.
9.....................  23 CFR parts                2026            2027
                         1200 to 1252.
10....................  New parts and               2027            2028
                         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 highways is chapter I of 
title 23 of the U.S.C. 145, which 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 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

[[Page 58059]]

impact on a substantial number of small entities. The FHWA solicits 
public comment on this preliminary conclusion.
Year 10 (Fall 2017) List of Rules Analyzed and a Summary of Results
23 CFR part 490--National Performance Management Measures

     Section 610: No SEISNOSE. 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. The FHWA 
recently repealed one of the original performance measures on May 31, 
2018, at 83 FR 24920.

23 CFR part 505--Projects of National and Regional Significance 
Evaluation and Rating

     Section 610: No SEISNOSE. No small entities are affected.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden. FHWA's plain language review of 
these rules indicates no need for substantial revision.

23 FR part 511--Real-Time System Management Information Program

     Section 610: No SEISNOSE. 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 515--Asset Management Plans

     Section 610: No SEISNOSE. 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 635--Subpart E--Construction Manager/General Contractor 
(CM/GC) Contracting

     Section 610: No SEISNOSE. 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 650--Subpart E--National Tunnel Inspection Standards

     Section 610: No SEISNOSE. 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 667--Periodic Evaluation of Facilities Repeatedly Requiring 
Repair and Reconstruction Due to Emergency Events

     Section 610: No SEISNOSE. 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 950--Electronic Toll Collection

     Section 610: No SEISNOSE. 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 1 (Fall 2018) List of Rules That Will Be Analyzed During the Next 
Year
None.

Federal Motor Carrier Safety Administration

Section 610 and Other Reviews

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  49 CFR parts 386            2018            2019
                         and 395.
2.....................  49 CFR part 385.            2019            2020
3.....................  49 CFR part 382.            2020            2021
4.....................  49 CFR parts 380            2021            2022
                         and 383.
5.....................  49 CFR part 387.            2022            2023
6.....................  49 CFR part 398.            2023            2024
7.....................  49 CFR part 392.            2024            2025
8.....................  49 CFR part 375.            2025            2026
9.....................  49 CFR part 367.            2026            2027
10....................  49 CFR part 395.            2027            2028
------------------------------------------------------------------------

Year 1 (Fall 2018) List of Rules That Will Be Analyzed During the Next 
Year
49 CFR part 395--Hours of Service (HOS) of Drivers

    (Note: The analysis of this regulation is continued from year 10 
(fall 2017) to year 1 (fall 2018) of the new review schedule.
     Section 610: There is a SEIOSNOSE. The Federal HOS 
regulations promote safe driving of commercial motor vehicles by 
limiting on-duty driving time, thereby improving the likelihood that 
drivers have adequate time for restorative rest. Although this rule 
drives a SEISNOSE, it also drives significant benefits to small 
business. Tangible benefits include streamlined operations, reduced 
operational cost, maximized productivity, lower insurance, improved 
vehicle diagnostics, reduced administrative burden, and increased 
profits.
     General: The regulatory value of restricting fatigue-
related operations will save lives and reduce injuries. These 
regulations are written consistent with plain language guidelines, and 
uses clear and unambiguous language. The Agency is currently 
considering changes to the hours of service regulations that would 
improve operational flexibilities for motor carriers without a 
deleterious effect on safety.

49 CFR part 386--Rules of practice for motor carrier, intermodal 
equipment provider, broker, freight forwarder, and hazardous materials 
proceedings

National Highway Traffic Safety Administration

Section 610 and Other Reviews

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  49 CFR parts                2018            2019
                         571.214 through
                         571.219, except
                         571.217.
                        49 FR parts 591
                         through 595 and
                         new parts and
                         subparts.
2.....................  23 CFR parts                2019            2020
                         1200 and 1300.
                        49 CFR parts
                         571.223 through
                         571.500, 575
                         and 579.23.

[[Page 58060]]

 
3.....................  49 CFR parts 501            2020            2021
                         through 526 and
                         571.213.
4.....................  49 CFR parts                2021            2022
                         571.131,
                         571.217,
                         571.220,
                         571.221, and
                         571.222.
5.....................  49 CFR parts                2022            2023
                         571.101 through
                         571.110, and
                         571.135,
                         571.136,
                         571.138 and
                         571.139.
6.....................  49 CFR parts                2023            2024
                         571.141, 529
                         through 578,
                         except parts
                         571 and 575.
7.....................  49 CFR parts                2024            2025
                         571.111 through
                         571.129 and 580
                         through 588.
8.....................  49 parts CFR                2025            2026
                         571.201 through
                         571.212.
9.....................  49 parts CFR                2026            2027
                         571.214 through
                         571.219, except
                         571.217.
10....................  49 CFR parts 591            2027            2028
                         through 595 and
                         new parts and
                         subparts.
------------------------------------------------------------------------

Year 1 (Fall 2018) List of Rules That Will Be Analyzed During the Next 
Year
49 CFR part 571.214--Side Impact Protection
49 CFR part 571.215--[Reserved]
49 CFR part 571.216--Roof Crush Resistance; Applicable Unless a Vehicle 
Is Certified to 571.216a
49 CFR part 571.216a--Roof Crush Resistance; Upgraded Standard
49 CFR part 571.218--Motorcycle Helmets
49 CFR part 571.219--Windshield Zone Intrusion
49 CFR part 591--Importation of Vehicles and Equipment Subject to 
Federal Safety, Bumper and Theft Prevention Standards
49 CFR part 592--Registered Importers of Vehicles Not Originally 
Manufactured to Conform to the Federal Motor Vehicle Safety Standards
49 CFR part 593--Determinations That a Vehicle Not Originally 
Manufactured to Conform to the Federal Motor Vehicle Safety Standards 
is Eligible for Importation
49 CFR part 594--Schedule of Fees Authorized by 49 U.S.C. 30141
49 CFR 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                2018            2019
                         200, 207, 209,
                         and 210.
2.....................  49 CFR parts                2019            2020
                         211, 212, 213,
                         214, and 215.
3.....................  49 CFR parts                2020            2021
                         216, 217, 218,
                         219, and 220.
4.....................  49 CFR parts                2021            2022
                         221, 222, 223,
                         224, and 225.
5.....................  49 CFR parts                2022            2023
                         227, 228, 229,
                         230, and 231.
6.....................  49 CFR parts                2023            2024
                         232, 233, 234,
                         235, and 236.
7.....................  49 CFR parts                2024            2025
                         237, 238, 249,
                         240, and 241.
8.....................  49 CFR parts                2025            2026
                         242, 243, 244,
                         250, and 256.
9.....................  49 CFR parts                2026            2027
                         261, 262, 264,
                         266, and 268.
10....................  49 CFR parts                2027            2028
                         269, 270, and
                         272.
------------------------------------------------------------------------

Year 10 (Fall 2017) List of Rules Analyzed and a Summary of Results
49 FR part 213--Track Safety Standards

     Section 610: This rule appears to have a significant 
economic impact on a substantial number of small entities (SEISNOSE). 
These small entities are approximately 735 short line railroads. 
However, the FRA will conduct a formal review to identify whether 
opportunities may exist to reduce the burden on small railroads without 
compromising safety standards.
     General: The rule prescribes minimum safety requirements 
for railroad track that is part of the general railroad system of 
transportation. The objective of the rule is to enhance the safety of 
rail transportation, protecting both those traveling and working on the 
system and those off the system who might be adversely affected by a 
rail incident. FRA's plain language review of this rule indicates no 
need for substantial revision.

49 CFR part 220--Railroad Communications

     Section 610: This rule has significant economic impact on 
a substantial number of small entities. However, the actual burden on 
most of these railroads varies because of their different operating 
characteristics. Entities that are not subject to this rule include 
railroads that do not operate on the general railroad system of 
transportation. The communication requirements of this rule have been 
designed to minimize the impact on small railroads. For instance, while 
large railroads are required to have a working radio and wireless 
communication redundancy in every train, small railroads are only 
required to comply with this standard for trains used to transport 
passengers. However, the FRA will conduct a formal review to identify 
whether opportunities may exist to reduce the burden on small railroads 
without compromising safety standards.
     General: The rule prescribes minimum requirements 
governing the use of wireless communications in connection with 
railroad operations. Uniform standard communications procedures and 
requirements throughout the railroad industry are necessary to ensure 
the protection and safety of railroad employees and the general public, 
and to minimize the number of casualties. FRA's plain language review 
of this rule indicates no need for substantial revision.

49 CFR part 230--Steam Locomotive Inspection and Maintenance Records

     Section 610: There is no SEISNOSE.
     General: The rule prescribes minimum Federal safety 
standards of inspection and maintenance for all steam locomotive 
operated on railroads. These requirements are necessary to ensure the 
protection and safety of railroad employees and the general public and 
to minimize the number of casualties. FRA's plain language review of 
this rule indicates no need for substantial revision.

49 CFR part 232--Brake System Safety Standards for Freight and Other 
Non-Passenger Trains and Equipment; End of Train Devices

     Section 610: This rule has significant economic impact on 
a substantial number of small entities. About 700 small railroads are 
subject to this rule. However, the actual burden on most of these small 
entities varies depending on their operating

[[Page 58061]]

characteristics. FRA is currently evaluating this rule to determine if 
changes need to be made because of technological developments in the 
systems affected by this rule.
     General: The rule prescribes minimum Federal safety 
standards for freight and other non-passenger train brake systems, as 
well as requirements for all trains that use end-of-train devices. This 
rule governs critical safety systems of the train and therefore 
continues to be needed. To FRA's knowledge, it does not overlap or 
conflict with other rules. Furthermore, FRA's plain language review of 
this rule indicates no need for substantial revision.

49 CFR part 239--Passenger Train Emergency Preparedness

     Section 610: There is no SEISNOSE.
     General: The rule prescribes minimum Federal safety 
standards for the preparation, adoption and implementation of emergency 
preparedness plans by railroads. These requirements are necessary to 
ensure the protection and safety of railroad passengers and employees, 
as well as the general public, and to minimize the number of 
casualties. FRA's plain language review of this rule indicates no need 
for substantial revision.

49 CFR part 240--Qualification and Certification of Locomotive 
Engineers

     Section 610: There is no SEISNOSE.
     General: The purpose of this rule is to prescribes minimum 
Federal safety standards for the eligibility, training, testing, 
certification and monitoring of locomotive engineers. FRA's plain 
language review of this rule indicates no need of substantial revision.
Year 1 (Fall 2018) List of Rule(s) That Will Be Analyzed During Next 
Year
49 CFR part 200--Informal Rules of Practice for Passenger Service
49 CFR part 207--Railroad Police Officers
49 CFR part 209--Railroad Safety Enforcement Procedures
49 CFR part 210--Railroad Noise Emission Compliance

Federal Transit Administration

Section 610 and Other Reviews
    The Regulatory Flexibility Act of 1980 (RFA), as amended (sections 
601 through 612 of title 5, United States Code), requires Federal 
regulatory agencies to analyze all proposed and final rules to 
determine their economic impact on small entities, which include small 
businesses, organizations, and governmental jurisdictions. Section 610 
requires government agencies to periodically review all regulations 
that will have a significant economic impact on a substantial number of 
small entities (SEISNOSE).
    In complying with this section, the Federal Transit Administration 
(FTA) has elected to use the two-step, two-year process used by most 
Department of Transportation (DOT) modes. As such, FTA has divided its 
rules into 10 groups as displayed in the table below. During the 
analysis year, the listed rules will be analyzed to identify those with 
a SEISNOSE. During 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 the impact on small entities.

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  49 CFR parts                2018            2019
                         604, 605, and
                         624.
2.....................  49 CFR parts 609            2019            2020
                         and 640.
3.....................  49 CFR part 633.            2020            2021
4.....................  49 CFR part 611.            2021            2022
5.....................  49 CFR part 655.            2022            2023
6.....................  49 CFR parts 602            2023            2024
                         and 614.
7.....................  49 CFR parts 661            2024            2025
                         and 663.
8.....................  49 CFR parts                2025            2026
                         625, 630, and
                         665.
9.....................  49 CFR parts                2026            2027
                         613, 622, 670
                         and 674.
10....................  49 CFR parts                2027            2028
                         650, 672 and
                         673.
------------------------------------------------------------------------

Year 10 (2018) List of Rules Analyzed and Summary of Results
49 CFR part 665--Bus Testing

     Section 610: Pursuant to Section 20014 of the Moving Ahead 
for Progress in the 21st Century Act (MAP-21), FTA issued a new pass/
fail standard and new aggregated scoring system for buses and modified 
vans that are subject to FTA's bus testing program. FTA conducted a 
Section 610 review of part 665, as amended (81 FR 50637, August 1, 
2016), and determined that it would not result in a SEISNOSE within the 
meaning of the RFA. In evaluating the likely effects of the rule, FTA 
acknowledged the compliance costs to bus manufacturers, some of whom 
may meet the definition of ``small entity,'' but noted that Congress 
authorized FTA to pay 80% of a bus manufacturer's testing fee, 
defraying the direct financial impact on these small entities.
     General: No changes are needed. The regulation implements 
the requirements of 49 U.S.C. 5318. FTA estimated the costs and 
projected benefits of the rule and believes it is cost-effective and 
imposes the least burden for statutory compliance. FTA's plain language 
review of this rule indicates no need for substantial revision.
Year 1 (2019) List of Rules To Be Analyzed the Next Year
49 CFR part 604--Charter Service
49 CFR part 605--School Bus Operations
49 CFR part 624--Clean Fuels Grant Program

Maritime Administration

Section 610 and Other Reviews

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  46 CFR parts 201            2018            2019
                         through 205, 46
                         CFR parts 315
                         through 340, 46
                         CFR part 345
                         through 347,
                         and 46 CFR
                         parts 381 and
                         382.
2.....................  46 CFR parts 221            2019            2020
                         through 232.
3.....................  46 CFR parts 249            2020            2021
                         through 296.
4.....................  46 CFR parts                2021            2022
                         221, 298, 308,
                         and 309.
5.....................  46 CFR parts 307            2022            2023
                         through 309.
6.....................  46 CFR part 310.            2023            2024

[[Page 58062]]

 
7.....................  46 CFR parts 315            2024            2025
                         through 340.
8.....................  46 CFR parts 345            2025            2026
                         through 381.
9.....................  46 CFR parts 382            2026            2027
                         through 389.
10....................  46 CFR parts 390            2027            2028
                         through 393.
------------------------------------------------------------------------

Year 10 (2017) List of Rules Analyzed and a Summary of Results
46 CFR part 390--Capital Construction Fund Implementing Regulations

     Section 610: There is no SEIOSNOSE.
     General: The purpose of this rule is to govern the capital 
construction fund program authorized by 46 U.S.C. 53501. The Agency has 
determined that the rule is cost-effective and imposes the least 
possible burden on small entities. MARAD's plain language review of 
this rule indicates no need of substantial revision.
46 CFR part 391--Federal Income Tax Aspects of the Capital Construction 
Fund.
     Section 610: There is no SEIOSNOSE.
     General: The purpose of this rule is to govern tax aspects 
of the capital construction fund program. The Agency has determined 
that the rule is cost-effective and imposes the least possible burden 
on small entities. MARAD's plain language review of this rule indicates 
no need of substantial revision.

46 CFR part 392--Reserved
46 CFR part 393--America's Marine Highway Program

     Section 610 review: There is no SEIOSNOSE.
     General: The Agency published a final rule to implement 
statutory updates and clarify applicant procedures. MARAD's plain 
language review of this rule indicated that a substantial revision to 
the part was needed.
Year 1 (2018) List of Rules That Will Be Analyzed During the Next Year
46 CFR part 201--Rules of Practice And Procedure
46 CFR part 202--Procedures relating to review by Secretary of 
Transportation of actions by Maritime Subsidy Board
46 CFR part 203--Procedures relating to conduct of certain hearings 
under the Merchant Marine Act, 1936, as amended
46 CFR part 204--Claims against the Maritime Administration under the 
Federal Tort Claims Act
46 CFR part 205--Audit Appeals; Policy and Procedure
46 CFR part 315--Agency Agreements and Appointment of Agents
46 CFR part 317--Bonding of Ship's Personnel
46 CFR part 324--Procedural Rules for Financial Transactions Under 
Agency Agreements
46 CFR part 325--Procedure to Be Followed by General Agents in 
Preparation of Invoices and Payment of Compensation Pursuant To 
Provisions of NSA Order No. 47
46 CFR part 326--Marine Protection and Indemnity Insurance Under 
Agreements with Agents
46 CFR part 327--Seamen's Claims; Administrative Action and Litigation
46 CFR part 328-- Slop Chests
46 CFR part 329--Voyage Data
46 CFR part 330--Launch Services
46 CFR part 332--Repatriation of Seamen
46 CFR part 335--Authority and Responsibility of General Agents to 
Undertake Emergency Repairs in Foreign Ports
46 CFR part 336--Authority and Responsibility of General Agents to 
Undertake in Continental United States Ports Voyage Repairs and Service 
Equipment of Vessels Operated for the Account of The National Shipping 
Authority Under General Agency Agreement
46 CFR part 337--General Agent's Responsibility in Connection with 
Foreign Repair Custom's Entries
46 CFR part 338--Procedure for Accomplishment of Vessel Repairs Under 
National Shipping Authority Master Lump Sum Repair Contract--NSA-
Lumpsumrep
46 CFR part 339--Procedure for Accomplishment of Ship Repairs Under 
National Shipping Authority Individual Contract for Minor Repairs--NSA-
Worksmalrep
46 CFR part 340--Priority Use and Allocation of Shipping Services, 
Containers and Chassis, and Port Facilities and Services for National 
Security and National Defense Related Operations
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 347--Operating Contract
46 CFR part 381--Cargo Preference--U.S.-Flag Vessels
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

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.            2018            2019
2.....................  49 CFR parts 178            2019            2020
                         through 180.
3.....................  49 CFR parts 172            2020            2021
                         and 175.
4.....................  49 CFR part 171,            2021            2022
                         sections 171.15
                         and 171.16.
5.....................  49 CFR parts                2022            2023
                         106, 107, 171,
                         190, and 195.
6.....................  49 CFR parts                2023            2024
                         174, 177, and
                         199.
7.....................  49 CFR parts                2024            2025
                         176, 191 and
                         192.
8.....................  49 CFR parts 172            2025            2026
                         and 178.
9.....................  49 CFR parts                2026            2027
                         172, 173, 174,
                         176, 177, and
                         193.
10....................  49 CFR parts 173            2027            2028
                         and 194.
------------------------------------------------------------------------


[[Page 58063]]

Year 10 (Fall 2018) List of Rules Analyzed and a Summary of Results
49 CFR part 173--Shippers--General Requirements for Shipments and 
Packaging

     Section 610: PHMSA conducted a review of this part and 
found no SEISNOSE.
     General: PHMSA has reviewed this part and found that while 
the part does not have a SEISNOSE, it could be streamlined to reflect 
new technologies and harmonize with certain international references. 
Therefore, even though the review indicated that the economic impact on 
small entities is not significant, PHMSA has initiated multiple new 
deregulatory rulemakings to reduce the compliance burdens of part 173. 
Further, PHMSA's plain language review of this part indicates no need 
for substantial revision. Where confusing or wordy language has been 
identified, PHMSA plans to propose revisions in the upcoming biennial 
international harmonization rulemaking or other deregulatory 
rulemakings.
    For example, the 2137-AF32 rulemaking action is part of PHMSA's 
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 the 2137-AF32 rulemaking will have on small 
entities is not expected to be significant. The rulemaking will clarify 
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, 
positive economic benefits to shippers, carriers, and packaging 
manufacturers and testers, including small entities.

49 CFR part 194--Response Plans for Onshore Oil Pipelines

     Section 610: PHMSA conducted a Section 610 review of this 
part and has initiated a regulatory reform rulemaking that includes 
provisions that are expected to reduce the compliance burden of part 
194. The rulemaking is considered a deregulatory action that is 
expected to have the net effect of streamlining the program 
requirements, established in response to the Oil Pollution Act of 1990, 
by targeting the highest risk locations. The revisions are expected to 
clarify that part 194 is focused on hazardous liquid pipelines that 
could affect navigable waters and to create a new harm category for 
lower-risk areas.

 General: This part contains requirements for oil spill 
response plans to reduce the environmental impact of oil discharged 
from onshore oil pipelines. The regulation under this part is cost 
effective and imposes the least burden.
Year 1 (Fall 2018) List of Rules That Will Be Analyzed During the Next 
Year
49 CFR part 178--Specifications for Packaging

Saint Lawrence Seaway Development Corporation

Section 610 and Other Reviews

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  * 33 CFR parts              2018            2019
                         401 through 403.
------------------------------------------------------------------------
* The review for these regulations is recurring each year of the 10-year
  review cycle (currently 2018 through 2027).

Year 1 (Fall 2018) List of Rules That Will Be Analyzed During the Next 
Year
33 CFR part 401--Seaway Regulations and Rules
33 CFR part 402--Tariff of Tolls
33 CFR part 403--Rules of Procedure of the Joint Tolls Review Board


              Office of the Secretary--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
327.......................  + Defining Unfair or               2105-AE72
                             Deceptive Practices.
328.......................  + Processing Buy America           2105-AE79
                             Waivers Based on Non
                             availability (Section 610
                             Review) (Reg Plan Seq No.
                             104).
------------------------------------------------------------------------
+ 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--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
329.......................  + 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.


[[Page 58064]]


          Federal Aviation Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
330.......................  Drug and Alcohol Testing           2120-AK09
                             of Certain Maintenance
                             Provider Employees
                             Located Outside of the
                             United States.
331.......................  + Applying the Flight,             2120-AK22
                             Duty, and Rest
                             Requirements to Ferry
                             Flights That Follow
                             Domestic, Flag, or
                             Supplemental All-Cargo
                             Operations
                             (Reauthorization).
332.......................  + Pilot Records Database           2120-AK31
                             (HR 5900).
333.......................  + Aircraft Registration            2120-AK37
                             and Airmen Certification
                             Fees.
334.......................  + Requirements to File             2120-AK77
                             Notice of Construction of
                             Meteorological Evaluation
                             Towers and Other
                             Renewable Energy Projects
                             (Section 610 Review).
335.......................  + Operations of Small              2120-AK85
                             Unmanned Aircraft Over
                             People.
------------------------------------------------------------------------
+ DOT-designated significant regulation.


            Federal Aviation Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
336.......................  + Airport Safety                   2120-AJ38
                             Management System.
337.......................  + Registration and Marking         2120-AK82
                             Requirements for Small
                             Unmanned Aircraft (Reg
                             Plan Seq No. 105).
------------------------------------------------------------------------
+ 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.
------------------------------------------------------------------------
338.......................  + Regulation of Flight             2120-AJ78
                             Operations Conducted by
                             Alaska Guide Pilots.
339.......................  + 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.
------------------------------------------------------------------------
340.......................  Incorporation by                   2126-AC01
                             Reference; North American
                             Standard Out-of-Service
                             Criteria; Hazardous
                             Materials Safety Permits
                             (Section 610 Review).
341.......................  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.
------------------------------------------------------------------------
342.......................  Commercial Learner's               2126-AB98
                             Permit Validity (Section
                             610 Review).
------------------------------------------------------------------------


     Federal Motor Carrier Safety Administration--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
343.......................  + 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.
------------------------------------------------------------------------
344.......................  + Passenger Equipment              2130-AC46
                             Safety Standards
                             Amendments (Reg Plan Seq
                             No. 108).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


[[Page 58065]]


           Federal Railroad Administration--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
345.......................  + Train Crew Staffing and          2130-AC48
                             Location.
------------------------------------------------------------------------
+ DOT-designated significant regulation.


    Saint Lawrence Seaway Development Corporation--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
346.......................  Seaway Regulations and             2135-AA45
                             Rules: Periodic Update,
                             Various Categories
                             (Rulemaking Resulting
                             From a Section 610
                             Review).
347.......................  Tariff of Tolls                    2135-AA46
                             (Rulemaking Resulting
                             From a Section 610
                             Review).
------------------------------------------------------------------------


  Pipeline and Hazardous Materials Safety Administration--Proposed Rule
                                  Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
348.......................  + Pipeline Safety:                 2137-AF06
                             Amendments to Parts 192
                             and 195 to Require Valve
                             Installation and Minimum
                             Rupture Detection
                             Standards.
------------------------------------------------------------------------
+ DOT-designated significant regulation.


Pipeline and Hazardous Materials Safety Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
349.......................  + Pipeline Safety: Safety          2137-AE66
                             of Hazardous Liquid
                             Pipelines (Reg Plan Seq
                             No. 111).
350.......................  + Pipeline Safety: Issues          2137-AE93
                             Related to the Use of
                             Plastic Pipe in Gas
                             Pipeline Industry.
351.......................  + Hazardous Materials: Oil         2137-AF08
                             Spill Response Plans and
                             Information Sharing for
                             High-Hazard Flammable
                             Trains (FAST Act) (Reg
                             Plan Seq No. 113).
------------------------------------------------------------------------
+ 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)

Office of the Secretary (OST)

Proposed Rule Stage

327. +Defining Unfair or Deceptive Practices

    E.O. 13771 Designation: Deregulatory.
    Legal Authority: 49 U.S.C. 41712
    Abstract: This rulemaking would define the phrase ``unfair or 
deceptive practice'' found in the Department's aviation consumer 
protection statute. The Department's statute is modeled after a similar 
statute granting the Federal Trade Commission (FTC) the authority to 
regulate unfair or deceptive practices. Using the FTC's policy 
statements as a guide, the Department has found a practice to be unfair 
if it causes or is likely to cause substantial harm, the harm cannot 
reasonably be avoided, and the harm is not outweighed by any 
countervailing benefits to consumers or to competition. Likewise, the 
Department has found a practice to be deceptive if it misleads or is 
likely to mislead a consumer acting reasonably under the circumstances 
with respect to a material issue (one that is likely to affect the 
consumer's decision with regard to a product or service). This 
rulemaking would codify the Department's existing interpretation of 
``unfair or deceptive practice'' and seek comment on whether any 
changes are needed. The rulemaking is not expected to impose monetary 
costs, and will benefit regulated entities by providing a clearer 
understanding of the Department's interpretation of the statute.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/00/19
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Blane A. Workie, Assistant General Counsel, 
Department of Transportation, Office of the Secretary, 1200 New Jersey 
Avenue SE, Washington, DC 20590, Phone: 202-366-9342, Fax: 202-366-
7153, Email: [email protected].
    RIN: 2105-AE72

328.  +Processing Buy America Waivers Based on Non Availability 
(Section 610 Review)

    Regulatory Plan: This entry is Seq. No. 104 in part II of this 
issue of the Federal Register.
    RIN: 2105-AE79

BILLING CODE 4910-9X-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Prerule Stage

329. +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.

[[Page 58066]]

44906; 49 U.S.C. 44912; 49 U.S.C. 44914; 49 U.S.C. 44936; 49 U.S.C. 
44938; 49 U.S.C. 45101 to 45105; 49 U.S.C. 46103
    Abstract: This rulemaking would require a flightcrew member who is 
employed by an air carrier conducting operations under part 135, and 
who accepts an additional assignment for flying under part 91 from the 
air carrier or from any other air carrier conducting operations under 
part 121 or 135, to apply the period of the additional assignment 
toward any limitation applicable to the flightcrew member relating to 
duty periods or flight times under part 135.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   01/00/19
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dale Roberts, Department of Transportation, Federal 
Aviation Administration, 800 Independence Ave. 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

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

    E.O. 13771 Designation: Fully or Partially Exempt.
    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................................   12/00/18
------------------------------------------------------------------------

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

331. +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 apply the flight, duty, and rest 
requirements for domestic, flag and supplemental operations to ferry 
flights that follow domestic, flag or supplemental all-cargo 
operations. A ferry flight that follows a domestic, flag or 
supplemental all-cargo operation would be subject to the same flight, 
duty, and rest rules as the all-cargo operation it follows. This rule 
is necessary as it would make part 121 flight, duty, and rest limits 
applicable to tail-end ferry flights that follow an all-cargo flight.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/19
------------------------------------------------------------------------

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

332. +Pilot Records Database (HR 5900)

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 1155; 49 U.S.C. 40103; 
49 U.S.C. 40113; 49 U.S.C. 40119; 49 U.S.C. 40120; 49 U.S.C. 41706; 49 
U.S.C. 44101; 49 U.S.C. 44111; 49 U.S.C. 44701 to 44705; 49 U.S.C. 
44709 to 44713; 49 U.S.C. 44715 to 44717; 49 U.S.C. 44722; 49 U.S.C. 
45101 to 45105; 49 U.S.C. 46105; 49 U.S.C. 46306; 49 U.S.C. 46315; 49 
U.S.C. 46316; 49 U.S.C. 46504; 49 U.S.C. 46507; 49 U.S.C. 47122; 49 
U.S.C. 47508; 49 U.S.C. 47528 to 47531
    Abstract: This rulemaking would implement a Pilot Records Database 
as required by Public Law 111-216 (Aug. 1, 2010). Section 203 amends 
the Pilot Records Improvement Act by requiring the FAA to create a 
pilot records database that contains various types of pilot records. 
These records would be provided by the FAA, air carriers, and other 
persons who employ pilots. The FAA must maintain these records until it 
receives notice that a pilot is deceased. Air carriers would use this 
database to perform a record check on a pilot prior to making a hiring 
decision.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/19
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Christopher Morris, Department of Transportation, 
Federal Aviation Administration, 6500 S MacArthur Blvd., Oklahoma City, 
OK 73169, Phone: 405-954-4646, Email: [email protected].
    RIN: 2120-AK31

333. +Aircraft Registration and Airmen Certification Fees

    E.O. 13771 Designation: Other.
    Legal Authority: 31 U.S.C. 9701; 4 U.S.T. 1830; 49 U.S.C. 106(f); 
49 U.S.C. 106(g); 49 U.S.C. 106(l)(6); 49 U.S.C. 40104; 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

[[Page 58067]]

estimated costs of the various services and activities for which fees 
would be established or revised.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/00/19
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Isra Raza, Department of Transportation, Federal 
Aviation Administration, 800 Independence Ave. SW, Washington, DC 
20591, Phone: 202-267-8994, Email: [email protected].
    RIN: 2120-AK37

334. +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................................   06/00/19
------------------------------------------------------------------------

    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

335. +Operations of Small Unmanned Aircraft Over People

    E.O. 13771 Designation: Deregulatory.
    Legal Authority: 49 U.S.C. 106(f); 49 U.S.C. 40101; 49 U.S.C. 
40103(b); 49 U.S.C. 44701(a)(5); Pub. L. 112-95, sec. 333
    Abstract: This rulemaking would address the performance-based 
standards and means-of-compliance for operation of small unmanned 
aircraft systems (sUAS) over people not directly participating in the 
operation or not under a covered structure or inside a stationary 
vehicle that can provide reasonable protection from a falling small 
unmanned aircraft. This rule would provide relief from certain 
operational restrictions implemented in the Operation and Certification 
of Small Unmanned Aircraft Systems final rule (RIN 2120-AJ60).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/00/18
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Guido Hassig, Department of Transportation, Federal 
Aviation Administration, 1 Airport Way, Rochester, NY 14624, Phone: 
585-436-3880, Email: [email protected].
    RIN: 2120-AK85

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Final Rule Stage

336. +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 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..........................   12/00/18
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Keri Lyons, Department of Transportation, Federal 
Aviation Administration, 800 Independence Ave. SW, Washington, DC 
20591, Phone: 202-267-8972, Email: [email protected].
    RIN: 2120-AJ38

337. +Registration and Marking Requirements for Small Unmanned Aircraft

    Regulatory Plan: This entry is Seq. No. 105 in part II of this 
issue of the Federal Register.
    RIN: 2120-AK82

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Long-Term Actions

338. +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. 44105 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; P.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,

[[Page 58068]]

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

339. +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 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 Ave. NW, Washington, 
DC 20024, Phone: 202-267-4552, Email: [email protected].
    RIN: 2120-AK57

BILLING CODE 4910-13-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Proposed Rule Stage

340. Incorporation by Reference; North American Standard Out-of-Service 
Criteria; Hazardous Materials Safety Permits (Section 610 Review)

    E.O. 13771 Designation: Fully or Partially Exempt.
    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
------------------------------------------------------------------------
NPRM................................   10/00/18  .......................
------------------------------------------------------------------------

    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

341. Controlled Substances and Alcohol Testing: State Driver's 
Licensing Agency Downgrade of Commercial Driver's License (Section 610 
Review)

    E.O. 13771 Designation: Fully or Partially Exempt.
    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 (December 5, 
2016) requires State Driver's 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 
require State Driver's Licensing Agencies (SDLAs) to remove the 
commercial learner's permit (CLP) or commercial driver's license (CDL) 
privilege from the driver license of individuals who, under current 
regulations, are prohibited from operating a commercial motor vehicle 
(CMV) due to controlled substance (drug) and alcohol program 
violations. At a minimum, States would be required to downgrade the 
driver's license by changing the commercial status from ``licensed'' to 
``eligible'' on the CDLIS driver record. Under the proposed rule, 
States could not restore the CLP or CDL privilege to the license until 
the driver completes the return-to-duty (RTD) requirements that would 
allow the resumption of safety-sensitive functions, such as operating a 
CMV. SDLAs would rely on applicable State law and procedures to 
accomplish the downgrade and any subsequent reinstatement of the CLP or 
CDL privilege. In addition, under this proposal, SDLAs could not issue, 
renew, upgrade, or transfer the CDL, or issue, renew, or upgrade the 
CLP, of any driver who is prohibited from operating a CMV due to drug 
and alcohol program violations. This Notice of Proposed Rulemaking 
(NPRM) will improve roadway safety by helping to ensure that CLP and 
CDL holders who engage in prohibited drug or alcohol-related conduct 
complete the necessary RTD requirements before resuming operation of a 
CMV on public roads. 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................................   12/00/18  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    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

342. 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 1 year,

[[Page 58069]]

without renewal. This rule would not require a State to revise its 
current CLP issuance practices, unless it chooses to do so. 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  .......................
Final Rule..........................   10/00/18  .......................
------------------------------------------------------------------------

    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

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Long-Term Actions

343. +Safety Monitoring System and Compliance Initiative for Mexico-
Domiciled Motor Carriers Operating in the United States

    E.O. 13771 Designation: Fully or Partially Exempt.
    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.
    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: Dolores Macias, Acting Division Chief, Department 
of Transportation, Federal Motor Carrier Safety Administration, 1200 
New Jersey Ave. SE, Washington, DC 20590, Phone: 202 366-2995, Email: 
[email protected].
    RIN: 2126-AA35

BILLING CODE 4910-EX-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Railroad Administration (FRA)

Final Rule Stage

344. +Passenger Equipment Safety Standards Amendments

    Regulatory Plan: This entry is Seq. No. 108 in part II of this 
issue of the Federal Register.
    RIN: 2130-AC46

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Railroad Administration (FRA)

Long-Term Actions

345. +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  .......................
Next Action Undetermined............             .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kathryn Gresham, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 1200 New Jersey Avenue 
SE, Washington, DC 20590, Phone: 202 493-6063, Email: 
[email protected].
    RIN: 2130-AC48

BILLING CODE 4910-06-P

DEPARTMENT OF TRANSPORTATION (DOT)

Saint Lawrence Seaway Development Corporation (SLSDC)

Long-Term Actions

346.  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.
    Timetable: Next Action Undetermined.
    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Carrie Lavigne, Department of Transportation, Saint 
Lawrence Seaway Development Corporation, 1200 New Jersey Ave. SE,

[[Page 58070]]

Washington, DC 20590, Phone: 315-764-3231, Email: [email protected].
    RIN: 2135-AA45

347.  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.
    Timetable: Next Action Undetermined.
    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Carrie Lavigne, Department of Transportation, Saint 
Lawrence Seaway Development Corporation, 1200 New Jersey Ave. SE, 
Washington, DC 20590, Phone: 315-764-3231, Email: [email protected].
    RIN: 2135-AA46

BILLING CODE 4910-61-P

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Proposed Rule Stage

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

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 49 U.S.C. 60101 et seq.
    Abstract: PHMSA is proposing to revise the Pipeline Safety 
Regulations applicable to newly constructed or entirely replaced 
natural gas transmission and hazardous liquid pipelines to improve 
rupture mitigation and shorten pipeline segment isolation times in high 
consequence and select non-high consequence areas. The proposed rule 
defines certain pipeline events as ``ruptures'' and outlines certain 
performance standards related to rupture identification and pipeline 
segment isolation. PHMSA also proposes specific valve maintenance and 
inspection requirements, and 9-1-1 notification requirements to help 
operators achieve better rupture response and mitigation. These 
proposals address Congressional mandates, incorporate recommendations 
from the National Transportation Safety Board, and are necessary to 
reduce the serious consequences of large-volume, uncontrolled releases 
of natural gas and hazardous liquids.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/00/19  .......................
------------------------------------------------------------------------

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

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Final Rule Stage

349. +Pipeline Safety: Safety of Hazardous Liquid Pipelines

    Regulatory Plan: This entry is Seq. No. 111 in part II of this 
issue of the Federal Register.
    RIN: 2137-AE66

350. +Pipeline Safety: Issues Related to the Use of Plastic Pipe in Gas 
Pipeline Industry

    E.O. 13771 Designation: Deregulatory.
    Legal Authority: 49 U.S.C. 60101 et seq.
    Abstract: PHMSA is amending the Federal Pipeline Safety Regulations 
that govern the use of plastic piping systems in the transportation of 
natural and other gas. These amendments are necessary to enhance 
pipeline safety, adopt innovative technologies and best practices, and 
respond to petitions from stakeholders. The amendments include an 
increased design factor for polyethylene (PE) pipe, stronger mechanical 
fitting requirements, new and updated riser standards, new accepted 
uses of Polyamide-11 (PA-11) thermoplastic pipe, authorization to use 
Polyamide-12 (PA-12) thermoplastic pipe, and new or updated consensus 
standards for pipe, fittings, and other components.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/21/15  80 FR 29263
NPRM Comment Period End.............   07/31/15  .......................
Final Rule..........................   10/00/18  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Cameron H. Satterthwaite, Transportation 
Regulations Specialist, Department of Transportation, Pipeline and 
Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE, 
Washington, DC 20590, Phone: 202-366-8553, Email: 
[email protected].
    RIN: 2137-AE93

351. +Hazardous Materials: Oil Spill Response Plans and Information 
Sharing for High-Hazard Flammable Trains (Fast Act)

    Regulatory Plan: This entry is Seq. No. 113 in part II of this 
issue of the Federal Register.
    RIN: 2137-AF08

[FR Doc. 2018-24091 Filed 11-15-18; 8:45 am]
 BILLING CODE 4910-60-P