[Federal Register Volume 84, Number 121 (Monday, June 24, 2019)]
[Proposed Rules]
[Pages 29659-29680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11941]
[[Page 29659]]
Vol. 84
Monday,
No. 121
June 24, 2019
Part XI
Department of Transportation
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Unified Agenda
Federal Register / Vol. 84 , No. 121 / Monday, June 24, 2019 /
Unified Agenda
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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 $2 billion (in net present value cost savings). 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
November 2018, the FARA promulgated a rule titled Passenger Equipment
Safety Standards Amendments, which will allow for higher speed trains
(up to 220 mph), and will reduce costs by allowing the use of safe
technologies that are being used in Europe and Japan. The rule enables
the use of crash energy management principles that can improve safety
by using lighter materials that protect occupants to an equivalent
level of safety as the current passenger equipment regulations.
The Department has also significantly increased the number of
deregulatory actions it is pursuing. Today, DOT is pursuing over 135
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
[[Page 29661]]
prospective rulemakings by conducting monthly reviews across all OAs to
identify appropriate deregulatory actions. The RRTF also works to
ensure that any new regulatory action is rigorously vetted and non-
regulatory alternatives are considered. Further information on the RRTF
can be found online at: https://www.transportation.gov/regulations/regulatory-reform-task-force-report.
The Department's ongoing regulatory effort is guided by four
fundamental principles--safety, innovation, 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) will continue 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. Over the next year and beyond, NHTSA plans to initiate and/or
continue deregulatory 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)
will continue 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 transform our
national space program by better enabling private industry to drive
growth in innovation and launches. The FAA has proposed 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 February 7,
2019, 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 Agenda
requirements. These elements are: Sequence Number; Title; Section
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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: May 9, 2019.
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, Executive Director, Office of Rulemaking, 800
Independence Avenue SW, Washington, DC 20591; telephone (202) 267-9677.
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 section 610 of the Regulatory Flexibility Act
to conduct such reviews. This
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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 began 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
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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.
10.................... 49 CFR parts 29 2027 2028
through 39 and
parts 41
through 89.
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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
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
[[Page 29665]]
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
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.
[[Page 29666]]
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 CFR 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 impact on a substantial
number of small entities. The FHWA solicits public comment on this
preliminary conclusion.
[[Page 29667]]
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 CFR 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 SEISNOSE. 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.
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.
[[Page 29668]]
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 CFR 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 characteristics. FRA is
currently evaluating this rule to determine if
[[Page 29669]]
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 Rules(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 29670]]
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 29671]]
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.
------------------------------------------------------------------------
143....................... + Defining Unfair or 2105-AE72
Deceptive Practices.
144....................... + Accessible Lavatories on 2105-AE88
Single-Aisle Aircraft:
Part I (Rulemaking
Resulting From a Section
610 Review).
------------------------------------------------------------------------
+ DOT-designated significant regulation
Federal Aviation Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
145....................... Drug and Alcohol Testing 2120-AK09
of Certain Maintenance
Provider Employees
Located Outside of the
United States.
146....................... + Pilot Records Database 2120-AK31
(HR 5900).
147....................... + Requirements to File 2120-AK77
Notice of Construction of
Meteorological Evaluation
Towers and Other
Renewable Energy Projects
(Section 610 Review).
[[Page 29672]]
148....................... + 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.
------------------------------------------------------------------------
149....................... + Airport Safety 2120-AJ38
Management System.
------------------------------------------------------------------------
+ DOT-designated significant regulation
Federal Aviation Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
150....................... + Regulation Of Flight 2120-AJ78
Operations Conducted By
Alaska Guide Pilots.
151....................... + Applying the Flight, 2120-AK22
Duty, and Rest
Requirements to Ferry
Flights That Follow
Domestic, Flag, or
Supplemental All-Cargo
Operations
(Reauthorization).
152....................... + Applying the Flight, 2120-AK26
Duty, and Rest Rules of
14 CFR Part 135 to Tail-
End Ferry Operations (FAA
Reauthorization.
153....................... + Aircraft Registration 2120-AK37
and Airmen Certification
Fees.
154....................... + Helicopter Air Ambulance 2120-AK57
Pilot Training and
Operational Requirements
(HAA II) (FAA
Reauthorization).
155....................... + Registration and Marking 2120-AK82
Requirements for Small
Unmanned Aircraft.
------------------------------------------------------------------------
+ DOT-designated significant regulation
Federal Motor Carrier Safety Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
156....................... + Controlled Substances 2126-AC11
and Alcohol Testing:
State Driver's Licensing
Agency Downgrade of
Commercial Driver's
License (Section 610
Review).
------------------------------------------------------------------------
+ DOT-designated significant regulation
Federal Motor Carrier Safety Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
157....................... Incorporation by 2126-AC01
Reference; North American
Standard Out-of-Service
Criteria; Hazardous
Materials Safety Permits
(Section 610 Review).
------------------------------------------------------------------------
Federal Motor Carrier Safety Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
158....................... + Safety Monitoring System 2126-AA35
and Compliance Initiative
for Mexico-Domiciled
Motor Carriers Operating
in the United States.
------------------------------------------------------------------------
+ DOT-designated significant regulation
Federal Motor Carrier Safety Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
159....................... Commercial Learner's 2126-AB98
Permit Validity (Section
610 Review).
------------------------------------------------------------------------
[[Page 29673]]
Federal Railroad Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
160....................... + Train Crew Staffing and 2130-AC48
Location.
------------------------------------------------------------------------
+ DOT-designated significant regulation
Federal Railroad Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
161....................... + Passenger Equipment 2130-AC46
Safety Standards
Amendments.
------------------------------------------------------------------------
+ DOT-designated significant regulation
Saint Lawrence Seaway Development Corporation--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
162....................... Seaway Regulations and 2135-AA45
Rules: Periodic Update,
Various Categories
(Rulemaking Resulting
From a Section 610
Review).
163....................... 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.
------------------------------------------------------------------------
164....................... + 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.
------------------------------------------------------------------------
165....................... + Pipeline Safety: Safety 2137-AE66
of Hazardous Liquid
Pipelines.
------------------------------------------------------------------------
+ DOT-designated significant regulation
Pipeline and Hazardous Materials Safety Administration--Completed
Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
166....................... + Pipeline Safety: Issues 2137-AE93
Related to the Use of
Plastic Pipe in Gas
Pipeline Industry.
167....................... + Hazardous Materials: Oil 2137-AF08
Spill Response Plans and
Information Sharing for
High-Hazard Flammable
Trains (FAST Act).
------------------------------------------------------------------------
+ DOT-designated significant regulation
DEPARTMENT OF TRANSPORTATION (DOT)
Office of the Secretary (OST)
Proposed Rule Stage
143. +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 any whether changes
are needed. The rulemaking is not expected to impose monetary costs on
regulated entities, and will benefit regulated entities by providing a
clearer understanding of the Department's interpretation of the
statute.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/19 .......................
------------------------------------------------------------------------
[[Page 29674]]
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
144. +Accessible Lavatories on Single-Aisle Aircraft: Part I
(Rulemaking Resulting From a Section 610 Review)
E.O. 13771 Designation: Regulatory.
Legal Authority: Air Carrier Access Act, 49 U.S.C. 41705; FAA
Reauthorization Act of 2016, sec. 2108
Abstract: This rulemaking would require airlines to take steps to
improve the accessibility of lavatories on single-aisle aircraft short
of increasing the size of the lavatories. The rulemaking would ensure
the accessibility of features within an aircraft lavatory, including
but not limited to, toilet seat, assist handles, faucets, flush
control, attendant call buttons, lavatory controls and dispensers,
lavatory door sill, and door locks. The rulemaking would also consider
standards for the on-board wheelchair to improve its safety/
maneuverability and easily permit its entry into the aircraft lavatory.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Blaine 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-AE88
BILLING CODE 4910-9X-P
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Proposed Rule Stage
145. 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 of
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
ANPRM Comment Period Extended....... 05/01/14 79 FR 24631
ANPRM Comment Period End............ 05/16/14
ANPRM Comment Period End............ 07/17/14
NPRM................................ 05/00/19
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Vicky Dunne, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591, Phone: 202 267-8522, Email: [email protected].
RIN: 2120-AK09
146. +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................................ 09/00/19
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Christopher Morris, Department of Transportation,
Federal Aviation Administration, 6500 S MacArthur Boulevard, Oklahoma
City, OK 73169, Phone: 405 954-4646, Email: [email protected].
RIN: 2120-AK31
147. +Requirements To File Notice of Construction of Meteorological
Evaluation Towers and Other Renewable Energy Projects (Section 610
Review)
E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 40103
Abstract: This rulemaking would add specific requirements for
proponents who wish to construct meteorological evaluation towers at a
height of 50 feet above ground level (AGL) up to 200 feet AGL to file
notice of construction with the FAA. This rule also requires sponsors
of wind turbines to provide certain specific data when filing notice of
construction with the FAA. This rulemaking is a statutory mandate under
section 2110 of the FAA Extension, Safety, and Security Act of 2016
(Pub. L. 114-190).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/00/19
------------------------------------------------------------------------
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
148. +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 (UAS) over people not directly participating in the
operation or not under a covered structure or inside a
[[Page 29675]]
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................................ 02/13/19 84 FR 3856
NPRM Comment Period End............. 04/15/19
Analyzing Comments.................. 08/00/19
------------------------------------------------------------------------
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
149. +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.......................... 12/00/19
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Keri Lyons, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591, Phone: 202 267-8972, Email: [email protected].
RIN: 2120-AJ38
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration (FAA)
Long-Term Actions
150. +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 Stat. 1180; Pub. L. 106-181, sec. 732
Abstract: The rulemaking would establish regulations concerning
Alaska guide pilot operations. The rulemaking would implement
Congressional legislation and establish additional safety requirements
for the conduct of these operations. The intended effect of this
rulemaking is to enhance the level of safety for persons and property
transported in Alaska guide pilot operations. In addition, the
rulemaking would add a general provision applicable to pilots operating
under the general operating and flight rules concerning falsification,
reproduction, and alteration of applications, logbooks, reports, or
records. This rulemaking is a statutory mandate under section 732 of
the Wendell H. Ford Aviation Investment and Reform Act for the 21st
Century, (Pub. L. 106-181).
Timetable: Next Action Undetermined.
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jeff Smith, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20785, Phone: 202 385-9615, Email: [email protected].
RIN: 2120-AJ78
151. +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
operation.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 05/00/20
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dale Roberts, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591, Phone: 202 267-5749, Email: [email protected].
RIN: 2120-AK22
152. +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
[[Page 29676]]
U.S.C. 44722; 49 U.S.C. 44901; 49 U.S.C. 44903; 49 U.S.C. 44904; 49
U.S.C. 44906; 49 U.S.C. 44912; 49 U.S.C. 44914; 49 U.S.C. 44936; 49
U.S.C. 44938; 49 U.S.C. 45101 to 45105; 49 U.S.C. 46103
Abstract: This rulemaking would require a flightcrew member 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............................... 05/00/20
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dale Roberts, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591, Phone: 202 267-5749, Email: [email protected].
RIN: 2120-AK26
153. +Aircraft Registration and Airmen Certification Fees
E.O. 13771 Designation: Fully or Partially Exempt.
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 estimated costs of the various services and activities for
which fees would be established or revised.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/20
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Isra Raza, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591, Phone: 202 267-8994, Email: [email protected].
RIN: 2120-AK37
154. +Helicopter Air Ambulance Pilot Training and Operational
Requirements (HAA II) (FAA Reauthorization)
E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 106(f); 49 U.S.C. 106(g); 49 U.S.C.
40113; 49 U.S.C. 41706; 49 U.S.C. 44701; 49 U.S.C. 44702; 49 U.S.C.
44705; 49 U.S.C. 44709; 49 U.S.C. 44711 to 44713; 49 U.S.C. 44715 to
44717; 49 U.S.C. 44722; 49 U.S.C. 44730; 49 U.S.C. 45101 to 45105
Abstract: This rulemaking would develop training requirements for
crew resource management, flight risk evaluation, and operational
control of the pilot in command, as well as to develop standards for
the use of flight simulation training devices and line-oriented flight
training. Additionally, it would establish requirements for the use of
safety equipment for flight crewmembers and flight nurses. These
changes will aid in the increase in aviation safety and increase
survivability in the event of an accident. Without these changes, the
Helicopter Air Ambulance industry may continue to see the unacceptable
high rate of aircraft accidents. This rulemaking is a statutory mandate
under section 306(e) of the FAA Modernization and Reform Act of 2012
(Pub. L. 112-95).
Timetable: Next Action Undetermined.
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Chris Holliday, Department of Transportation,
Federal Aviation Administration, 801 Pennsylvania Avenue NW,
Washington, DC 20024, Phone: 202 267-4552, Email:
[email protected].
RIN: 2120-AK57
155. +Registration and Marking Requirements for Small Unmanned Aircraft
E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 106(f), 49 U.S.C. 41703, 44101 to 44106,
44110 to 44113, and 44701
Abstract: This rulemaking would provide an alternative, streamlined
and simple, web-based aircraft registration process for the
registration of small unmanned aircraft, including small unmanned
aircraft operated as model aircraft, to facilitate compliance with the
statutory requirement that all aircraft register prior to operation. It
would also provide a simpler method for marking small unmanned aircraft
that is more appropriate for these aircraft. This action responds to
public comments received regarding the proposed registration process in
the Operation and Certification of Small Unmanned Aircraft notice of
proposed rulemaking, the request for information regarding unmanned
aircraft system registration, and the recommendations from the Unmanned
Aircraft System Registration Task Force.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 12/16/15 80 FR 78593
Interim Final Rule Effective........ 12/21/15
OMB approval of information 12/21/15 80 FR 79255
collection.
Interim Final Rule Comment Period 01/15/16
End.
Next Action Undetermined.
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Sara Mikolop, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591, Phone: 202 267-7776, Email: [email protected].
RIN: 2120-AK82
BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Motor Carrier Safety Administration (FMCSA)
Proposed Rule Stage
156. +Controlled Substances and Alcohol Testing: State Driver's
Licensing Agency Downgrade of Commercial Driver's License (Section 610
Review)
E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 31136 (a); 49 U.S.C. 31305 (a); 49
U.S.C. 31306a; U.S.C. 31311(a)
Abstract: The Commercial Driver's License Drug and Alcohol
Clearinghouse (Clearinghouse) final rule (81 FR 87686 (Dec. 5, 2016),
requires State Driver Licensing Agencies
[[Page 29677]]
(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 (CMV). Drivers who commit drug or alcohol testing violations
are prohibited from operating a CMV until complying with return-to-duty
requirements. FMCSA plans to propose, requirements on SDLAs to take
specific actions for individuals subject to the CMV driving
prohibition. FMCSA also looks to propose alternate additional actions
SDLAs may be required to take after receiving notice that a driver
licensed in their State is subject to the driving ban. The NPRM would
also revise how reports of actual knowledge violations, based on a
citation for Driving Under the Influence (DUI) in a CMV, would be
maintained in the Clearinghouse. These proposed changes would improve
highway safety by increasing compliance with existing drug and alcohol
program requirements.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/19
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Juan Moya, Department of Transportation, Federal
Motor Carrier Safety Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590, Phone: 202 366-4844, Email: [email protected].
RIN: 2126-AC11
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Motor Carrier Safety Administration (FMCSA)
Final Rule Stage
157. 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................................ 12/31/18 83 FR 67705
NPRM Comment Period End............. 01/30/19
Final Rule.......................... 06/00/19
------------------------------------------------------------------------
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
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Motor Carrier Safety Administration (FMCSA)
Long-Term Actions
158. +Safety Monitoring System and Compliance Initiative for Mexico-
Domiciled Motor Carriers Operating in the United States
E.O. 13771 Designation: Regulatory.
Legal Authority: Pub. L. 107-87, sec. 350; 49 U.S.C. 113; 49 U.S.C.
31136; 49 U.S.C. 31144; 49 U.S.C. 31502; 49 U.S.C. 504; 49 U.S.C. 5113;
49 U.S.C. 521(b)(5)(A)
Abstract: This rule would implement a safety monitoring system and
compliance initiative designed to evaluate the continuing safety
fitness of all Mexico-domiciled carriers within 18 months after
receiving a provisional Certificate of Registration or provisional
authority to operate in the United States. It also would establish
suspension and revocation procedures for provisional Certificates of
Registration and operating authority, and incorporate criteria to be
used by FMCSA in evaluating whether Mexico-domiciled carriers exercise
basic safety management controls. The interim rule included
requirements that were not proposed in the NPRM, but which are
necessary to comply with the FY-2002 DOT Appropriations Act. On January
16, 2003, the Ninth Circuit Court of Appeals remanded this rule, along
with two other NAFTA-related rules, to the Agency, requiring a full
environmental impact statement and an analysis required by the Clean
Air Act. On June 7, 2004, the Supreme Court reversed the Ninth Circuit
and remanded the case, holding that FMCSA is not required to prepare
the environmental documents. FMCSA originally planned to publish a
final rule by November 28, 2003.
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 Avenue SE, Washington, DC 20590, Phone: 202 366-2995, Email:
[email protected].
RIN: 2126-AA35
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Motor Carrier Safety Administration (FMCSA)
Completed Actions
159. Commercial Learner's Permit Validity (Section 610 Review)
E.O. 13771 Designation: Deregulatory.
Legal Authority: 49 U.S.C. 31305; 49 U.S.C. 31308
Abstract: This rulemaking would amend Commercial Driver's License
(CDL) regulations to allow a commercial learner's permit to be issued
for one year, without renewal. 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
NPRM Comment Period End............. 08/11/17
Final Rule.......................... 12/21/18 83 FR 65564
[[Page 29678]]
Final Rule Effective................ 12/21/18
------------------------------------------------------------------------
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
BILLING CODE 4910-EX-P
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Railroad Administration (FRA)
Long-Term Actions
160. +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
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Railroad Administration (FRA)
Completed Actions
161. +Passenger Equipment Safety Standards Amendments
E.O. 13771 Designation: Deregulatory.
Legal Authority: 49 U.S.C. 20103
Abstract: This rulemaking would update existing safety standards
for passenger rail equipment. Specifically, the rulemaking would add a
new tier of passenger equipment safety standards (Tier III) to
facilitate the safe implementation of nation-wide, interoperable, high-
speed passenger rail service at speeds up to 220 mph. The Tier III
standards require operations at speeds above 125 mph to be in an
exclusive right-of-way without grade crossings. This rule would also
establish crashworthiness and occupant protection performance
requirements as an alternative to those currently specified for Tier I
passenger trainsets. Additionally, the rule would increase from 150 mph
to 160 mph the maximum speed for passenger equipment that complies with
FRA's Tier II standards. The rule is expected to ease regulatory
burdens, allow the development of advanced technology, and increase
safety benefits.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/06/16 81 FR 88006
NPRM Comment Period End............. 02/06/17
Final Rule.......................... 11/21/18 83 FR 59182
Final Rule Effective................ 01/22/19
------------------------------------------------------------------------
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-AC46
BILLING CODE 4910-06-P
DEPARTMENT OF TRANSPORTATION (DOT)
Saint Lawrence Seaway Development Corporation (SLSDC)
Completed Actions
162. Seaway Regulations and Rules: Periodic Update, Various Categories
(Rulemaking Resulting From a Section 610 Review)
E.O. 13771 Designation: Fully or Partially Exempt.
Legal Authority: 33 U.S.C. 981 et seq.
Abstract: The Saint Lawrence Seaway Development Corporation (SLSDC)
and the St. Lawrence Seaway Management Corporation 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:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 03/13/19 84 FR 8983
Final Rule Effective................ 03/30/19
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Carrie Lavigne, Department of Transportation, Saint
Lawrence Seaway Development Corporation, 1200 New Jersey Avenue SE,
Washington, DC 20590, Phone: 315 764-3231, Email: [email protected].
RIN: 2135-AA45
163. Tariff of Tolls (Rulemaking Resulting From a Section 610 Review)
E.O. 13771 Designation: Fully or Partially Exempt.
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:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 03/13/19 84 FR 8984
Final Rule Effective................ 03/30/19
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Carrie Lavigne, Department of Transportation, Saint
Lawrence Seaway Development Corporation, 1200 New Jersey Avenue SE,
Washington, DC 20590, Phone: 315 764-3231, Email: [email protected].
RIN: 2135-AA46
BILLING CODE 4910-61-P
[[Page 29679]]
DEPARTMENT OF TRANSPORTATION (DOT)
Pipeline and Hazardous Materials Safety Administration (PHMSA)
Proposed Rule Stage
164. +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. The rule
addresses 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................................ 08/00/19
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Robert Jagger, Technical Writer, Department of
Transportation, Pipeline and Hazardous Materials Safety Administration,
1200 New Jersey Avenue SE, 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
165. +Pipeline Safety: Safety of Hazardous Liquid Pipelines
E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 60101 et seq.
Abstract: This rulemaking amends the Pipeline Safety Regulations to
improve protection of the public, property, and the environment by
closing regulatory gaps where appropriate, and ensuring that operators
are increasing the detection and remediation of unsafe conditions, and
mitigating the adverse effects of hazardous liquid pipeline failures.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 10/18/10 75 FR 63774
Comment Period Extended............. 01/04/11 76 FR 303
ANPRM Comment Period End............ 01/18/11
Extended Comment Period End......... 02/18/11
NPRM................................ 10/13/15 80 FR 61610
NPRM Comment Period End............. 01/08/16
Final Rule.......................... 07/00/19
------------------------------------------------------------------------
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-AE66
DEPARTMENT OF TRANSPORTATION (DOT)
Pipeline and Hazardous Materials Safety Administration (PHMSA)
Completed Actions
166. +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.......................... 11/20/18 83 FR 58694
Final Rule Effective................ 01/22/19
------------------------------------------------------------------------
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
167. +Hazardous Materials: Oil Spill Response Plans and Information
Sharing for High-Hazard Flammable Trains (FAST Act)
E.O. 13771 Designation: Regulatory.
Legal Authority: 33 U.S.C. 1321; 49 U.S.C. 5101 et seq.
Abstract: This rulemaking expanded the applicability of
comprehensive oil spill response plans (OSRP) based on thresholds of
liquid petroleum oil that apply to an entire train consist. The
rulemaking also required railroads to share information about high-
hazard flammable train operations with state and tribal emergency
response commissions to improve community preparedness in accordance
with the Fixing America's Surface Transportation Act of 2015 (FAST
Act). Finally, the rulemaking incorporated by reference an initial
boiling point test for flammable liquids for better consistency with
the American National Standards Institute/American Petroleum Institute
Recommend Practices 3000, Classifying and Loading of Crude Oil into
Rail Tank Cars,'' First Edition, September 2014.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 08/01/14 79 FR 45079
ANPRM Comment Period End............ 09/30/14
NPRM................................ 07/29/16 81 FR 50067
NPRM Comment Period End............. 09/27/16
Final Rule.......................... 02/28/19 84 FR 6910
Final Rule Effective................ 04/01/19
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
[[Page 29680]]
Agency Contact: Alexander Wolcott, 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-AF08
[FR Doc. 2019-11941 Filed 6-21-19; 8:45 am]
BILLING CODE 4910-9X-P