Federal Register, Volume 85 Issue 166 (Wednesday, August 26, 2020)

[Federal Register Volume 85, Number 166 (Wednesday, August 26, 2020)]
[Proposed Rules]
[Pages 52737-52754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16760]

[[Page 52737]]

Vol. 85

Wednesday,

No. 166

August 26, 2020

Part XI

Department of Transportation

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Semiannual Regulatory Agenda

Federal Register / Vol. 85, No. 166 / Wednesday, August 26, 2020 /
UA: Reg Flex Agenda

[[Page 52738]]

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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 U.S. 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. DOT was the first agency to incorporate the Administration's
regulatory reform policies permanently, codifying reforms to the
Department's rulemaking, guidance, and enforcement practices. The rule
codifies regulatory budgeting, the ``2-for-1'' plan, and the RRTF, as
well as additional procedures for the Department's most costly rules,
including enhanced opportunities for public participation. It also
clarifies that guidance documents do not impose legal obligations and
shall not be used as a basis for enforcement. Finally, the rule ensures
due process protections for potential subjects of enforcement actions,
including open and fair investigations and proceedings.
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 ``Administrative
Rulemaking, Guidance, and Enforcement Procedures'' (84 FR 248; Dec. 27,
2019), 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 over $4.3 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 safety. For example, on April 30,
2020, NHTSA published the Safer, Affordable, Fuel-Efficient (SAFE)
Vehicles rule in conjunction with the Environmental Protection Agency.
The SAFE Vehicles rule increases U.S. competitiveness by reducing
regulatory costs by tens of billions of dollars and helps American
consumers afford to buy newer, cleaner, and safer vehicles by

[[Page 52739]]

reducing the average price of a new vehicle by about $1,000. In
addition, FMCSA recently published a rule that would save the public
billions of dollars by providing greater flexibility to drivers subject
to FMCSA's hours of service regulations without adversely affecting
safety.
While each regulatory and deregulatory action is evaluated on its
own merits, the RRTF augments the Department's consideration of
prospective rulemakings by conducting monthly reviews across all OAs to
identify appropriate deregulatory actions. The RRTF also works to
ensure that any new regulatory action is rigorously vetted and non-
regulatory alternatives are considered.
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. In light
of the unprecedented effects of the Coronavirus Disease (COVID-19)
public health emergency, these priorities are also grounded in
regulatory actions that assist in our Nation's recovery. To accomplish
our regulatory goals, we must create a regulatory environment that
fosters growth in new and innovative industries without burdening them
with unnecessary restrictions. At the same time, safety remains our
highest priority; we must remain focused on managing safety risks and
being sure that we do not regress from the successes already achieved.
Our planned regulatory actions reflect a careful balance that
emphasizes the Department's priority in fostering innovation while at
the same time meeting the challenges of maintaining a safe, reliable,
and sustainable transportation system.
For example, the National Highway Traffic Safety Administration
(NHTSA) is working on reducing regulatory barriers to technology
innovation, including the integration of automated vehicles, while
continuing to focus on safety. Automated vehicles are expected to
increase safety significantly by reducing the likelihood of human error
when driving, which today accounts for the overwhelming majority of
accidents on our nation's roadways. NHTSA plans to issue regulatory
actions that; (1) allow for permanent updates to current FMVSS
reflecting new technology; and (2) allow for updates to NHTSA's
regulations outlining the administrative processes for petitioning the
agency for exemptions, rulemakings, and reconsiderations. Similarly,
the Federal Aviation Administration (FAA) is working to enable, safely
and efficiently, the integration of unmanned aircraft systems (UAS)
into the National Airspace System. UAS are expected to continue to
drive innovation and increase safety as operators and manufacturers
find new and inventive uses for UAS. For instance, UAS are poised to
assist human operators with a number of different mission sets such as
inspection of critical infrastructure and search and rescue, enabling
beneficial and lifesaving activities that would otherwise be difficult
or even impossible for a human to accomplish unassisted. The Department
has regulatory efforts underway to further integrate UAS safely and
efficiently.
Another example is the Department's work on several rulemakings to
facilitate a major transformation of our national space program from
one in which the Federal government has a primary role to one in which
private industry drives growth in innovation and launches. The 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 January 16,
2020, 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

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to have a significant economic impact on a substantial number of small
entities; and
3. Any rules that the agency has identified for periodic review
under section 610 of the Regulatory Flexibility Act.
Printing of these entries is limited to fields that contain
information required by the Regulatory Flexibility Act's Agenda
requirements. These elements are: Sequence Number; Title; Section 610
Review, if applicable; Legal Authority; Abstract; Timetable; Regulatory
Flexibility Analysis Required; Agency Contact; and Regulation
Identifier Number (RIN). Additional information (for detailed list, see
section heading ``Explanation of Information on the Agenda'') on these
entries is available in the Unified Agenda published on the internet.

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.

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--Brandon Roberts, Acting 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--Dee Fujita, Office of Chief Counsel, 1200 New Jersey
Avenue SE, Washington, DC 20590; telephone (202) 366-2992.
FRA--Amanda Maizel, Office of Chief Counsel, 1200 New Jersey
Avenue SE, Washington, DC 20590; telephone (202) 493-8014.
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 includes the designation of a Regulatory Reform
Officer,

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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

------------------------------------------------------------------------
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.
------------------------------------------------------------------------

Year 1 (Fall 2018) List of Rules That are Under Ongoing Analysis
49 CFR part 91--International Air Transportation Fair Competitive
Practices
49 CFR part 92--Recovering Debts to the United States by Salary Offset
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: The agency is aware of several outdated
references to operating administrations within the Department that need
to be updated. OST's plain language review of these rules indicates no
need for substantial revision.
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]

[[Page 52742]]

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
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
Year 2 (Fall 2019) List of Rules That Will Be Analyzed During the Next
Year
48 CFR parts 1227 through 1253 and new parts and subparts
48 CFR part 1227--Patents, Data, and Copyrights
48 CFR part 1228--Bonds and Insurance
48 CFR part 1231--Contract Costs Principles and Procedures
48 CFR part 1232--Contract Financing
48 CFR part 1233--Protests, Disputes, and Appeals
48 CFR part 1235--Research and Development Contracting
48 CFR part 1236--Construction and Architect-Engineer Contracts
48 CFR part 1237--Service Contracting
48 CFR part 1239--Acquisition of Information Technology
48 CFR part 1242--Contract Administration and Audit Services
48 CFR part 1245--Government Contracting
48 CFR part 1246--Quality Assurance
48 CFR part 1247--Transportation
48 CFR part 1252--Solicitation Provisions and Contract Clauses
48 CFR part 1253--Forms

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 133 2019 2020
through 139 and
parts 157
through 169.
2..................... 14 CFR parts 141 2020 2021
through 147 and
parts 170
through 187.
3..................... 14 CFR parts 189 2021 2022
through 198 and
parts 1 through
16.
4..................... 14 CFR parts 17 2022 2023
through 33.
5..................... 14 CFR parts 34 2023 2024
through 39 and
parts 400
through 405.
6..................... 14 CFR parts 43 2024 2025
through 49 and
parts 406
through 415.
7..................... 14 CFR parts 60 2025 2026
through 77.
8..................... 14 CFR parts 91 2026 2027
through 105.
9..................... 14 CFR parts 417 2027 2028
through 460.
10.................... 14 CFR parts 119 2028 2029
through 129 and
parts 150
through 156.
------------------------------------------------------------------------

Defining SEISNOSE for FAA Regulations
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 133 through 139 and parts 157 through 169.
2. Identification and analysis of all amendments to parts 133
through 139 and parts 157 through 169 since 2009 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 (2020) List of Rules To Be Analyzed the Next Year
14 CFR part 141--Pilot Schools
14 CFR part 142--Training Centers
14 CFR part 143--Reserved
14 CFR part 145--Repair Stations
14 CFR part 147--Aviation Maintenance Technician Schools
14 CFR part 170--Establishment and Discontinuance Criteria for Air

[[Page 52743]]

Traffic Control Services and Navigational Facilities
14 CFR part 171--Non-Federal Navigation Facilities
14 CFR part 183--Representatives of the Administrator
14 CFR part 185--Testimony by Employees and Production of Records in
Legal Proceedings, and Service of Legal Process and Pleadings
14 CFR part 187--Fees
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 133--Rotorcraft External-Load 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 135--Operating Requirements: Commuter and on Demand
Operations and Rules Governing Persons on Board Such Aircraft
Section 610: The agency conducted a Section 610 review of
this part and found Amendment 135-129, 79 FR 9973, Feb. 21, 2014
section 135.117 Briefing of passengers before flight in 14 CFR 135
promulgated since January 2009 has a SEISNOSE within the meaning of the
RFA.
General: 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. No revisions
are needed.
14 CFR Part 136--Commercial Air Tours and National Parks Air Tour
Management
Section 610: The agency conducted a Section 610 review of
this part and determined no amendments to 14 CFR part 136 published
since 2009. Thus, no SEISNOSE exists in this part.
General: No changes are needed.
14 CFR Part 137--Agricultural Aircraft 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 139--Certification of 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 157--Notice of Construction, Alteration, Activation, and
Deactivation of Airports
Section 610: The agency conducted a Section 610 review of
this part and determined no amendments to 14 CFR part 136 published
since 2009. Thus, no SEISNOSE exists in this part.
General: No changes are needed.
14 CFR Part 158--Passenger Facility Charges
Section 610: The agency conducted a Section 610 review of
this part and determined no amendments to 14 CFR part 136 published
since 2009. Thus, no SEISNOSE exists in this part.
General: No changes are needed.
14 CFR Part 161--Notice and Approval of Airport Noise and Access
Restrictions
Section 610: The agency conducted a Section 610 review of
this part and determined no amendments to 14 CFR part 136 published
since 2009. Thus, no SEISNOSE exists in this part.
General: No changes are needed.
14 CFR Part 169--Expenditure of Federal Funds for Nonmilitary Airports
or Air Navigation Facilities Thereon
Section 610: The agency conducted a Section 610 review of
this part and determined no amendments to 14 CFR part 136 published
since 2009. Thus, no SEISNOSE exists in this part.
General: No changes are needed.

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

[[Page 52744]]

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.
Year 1 (Fall 2018) List of Rules Analyzed and a Summary of Results
None.
Year 2 (Fall 2019) List of Rules That Will Be Analyzed During the Next
Year
23 CFR part 1--General
23 CFR part 140--Reimbursement
23 CFR part 172--Procurement, management, and administration of
engineering and design related services
23 CFR part 180--Credit assistance for surface transportation projects
23 CFR part 190--Incentive payments for controlling outdoor advertising
on the interstate system
23 CFR part 192--Drug offender's driver's license suspension
23 CFR part 200--Title VI program and related statutes--implementation
and review procedures
23 CFR part 230--External programs
23 CFR part 260--Education and training programs

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
2..................... 49 CFR part 385. 2019 2020
3..................... 49 CFR part 383 2020 2021
and 384.
4..................... 49 CFR parts 382 2021 2022
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 10 (Fall 2018) List of Rules With Ongoing Analysis
49 CFR Part 395--Hours of Service (HOS) of Drivers
Section 610: FMCSA conducted a review of 49 CFR part 395, and found
there was a significant economic impact on a substantial number of
small entities (SEIOSNOSE). The rule restricts the number of hours that
a commercial driver can operate a commercial motor vehicle (CMV). The
SEIOSNOSE is driven by the potential loss of revenue that drivers and
motor carriers could experience if they could operate without
restriction. The Federal HOS regulations promote safe driving of CMV's
by limiting on-duty driving time; thereby improving the likelihood that
drivers have adequate time for restorative rest. Tangible benefits to
small businesses include; streamlined operations, reduced operational
cost, maximized productivity, lowered insurance, improved vehicle
diagnostics, reduced administrative burden, and increased profits.
General: FMCSA currently is engaged in rulemakings that would: (1)
Add flexibilities to the HOS regulations; and (2) clarify the meaning
of ``agricultural commodities'' whose transport is exempt from the HOS
regulations if certain requirements are met. Aside from the issues
being addressed in these rulemakings, FMCSA has determined that the
regulatory value of the HOS regulations is significant and that it
should be retained. The rule reduces fatigue related crashes,
fatalities, and injuries. These regulations are written consistent with
plain language guidelines, and uses clear and unambiguous language. The
cost burden imposed on a small business is reasonable when compared to
the benefits.
Year 1 (2019) List of Rules With Ongoing Analysis
49 CFR Part 386--Rules of Practice for Motor Carrier, Intermodal
Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials
Proceedings
Section 610: FMCSA conducted a review of 49 CFR part 386, and found
no SEIOSNOSE. 49 CFR part 386 is a permissive set of rules that
establish procedures and proceedings for respondents, petitioners, and
others seeking relief from a determination of non-compliance with
Federal Motor Carrier Safety Regulations or Hazardous Materials
Regulations. The rule also provides a recourse for commercial drivers
to report harassment or coercion. Although not required by the rule, a
small business could elect to incur significant attorney and court fees
to challenge an unfavorable decision.
General: There is no need for substantial revision. These
regulations provide necessary/clear guidance to industry and drivers.
The regulations are written consistent with plain language guidelines,
are cost effective, and impose the least economic burden to industry.
Year 2 (2020) List of Rules That Will Be Analyzed During the Next Year
49 CFR Part 385--Safety Fitness Procedures

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
571.223 through
571.500, and
parts 575 and
579.
2..................... 23 CFR parts 2019 2020
1200 and 1300.
3..................... 49 CFR parts 501 2020 2021
through 526 and
571.213.
4..................... 49 CFR parts 2021 2022
571.131,
571.217,
571.220,
571.221, and
571.222.
5..................... 49 CFR parts 2022 2023
571.101 through
571.110, and
571.135,
571.136,
571.138 and
571.139.
6..................... 49 CFR parts 2023 2024
571.141, 529
through 578,
except parts
571 and 575.
7..................... 49 CFR parts 2024 2025
571.111 through
571.129 and 580
through 588.

[[Page 52745]]

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 2019) List of Rules With Ongoing Analysis
49 CFR part 571.223--Rear Impact Guards
49 CFR part 571.224--Rear Impact Protection
49 CFR part 571.225--Child Restraint Anchorage Systems
49 CFR part 571.226--Ejection Mitigation
49 CFR part 571.301--Fuel System Integrity
49 CFR part 571.302--Flammability of Interior Materials
49 CFR part 571.303--Fuel System Integrity of Compressed Natural Gas
Vehicles
49 CFR part 571.304--Compressed Natural Gas Fuel Container Integrity
49 CFR part 571.305--Electric-Powered Vehicles: Electrolyte Spillage
and Electrical Shock Protection
49 CFR part 571.401--Interior Trunk Release
49 CFR part 571.403--Platform Lift Systems for Motor Vehicles
49 CFR part 571.404--Platform Lift Installations in Motor Vehicles
49 CFR part 571.500--Low-Speed Vehicles
49 CFR part 575--Consumer Information
49 CFR part 579--Reporting of Information and Communications About
Potential Defects
23 CFR part 1200--Uniform Procedures for State Highway Safety Grant
Programs
23 CFR part 1300--Uniform Procedures for State Highway Safety Grant
Programs

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 1 (Fall 2018) List of Rules Analyzed and a Summary of Results
49 CFR Part 200--Informal Rules of Practice for Passenger Service
[ssquf] Section 610: There is no SEIOSNOSE.
[ssquf] General: The rule prescribes procedures under which
applications are received and heard and by which rules and orders are
issued primarily affecting the Class I railroads and Amtrak, none of
which are small entities. FRA's plain language review of this rule
indicates no need for substantial revision.
49 CFR Part 207--Railroad Police Officers
[ssquf] Section 610: There is no SEIOSNOSE.
[ssquf] General: No changes are needed. These regulations are cost
effective and impose the least burden. FRA's plain language review of
this rule indicates no need for substantial revision.
49 CFR Part 209--Railroad Safety Enforcement Procedures
[ssquf] Section 610: There is no SEIOSNOSE.
[ssquf] General: No changes are needed. These regulations are cost
effective and impose the least burden. FRA's plain language review of
this rule indicates no need for substantial revision.
49 CFR Part 210--Railroad Noise Emission Compliance Regulations
[ssquf] Section 610: There is no SEIOSNOSE.
[ssquf] General: To support high-speed rail operations, FRA has
identified substantive changes to the regulations.
Year 2 (Fall 2019) List of Rules(s) That Will Be Analyzed During Next
Year
49 CFR part 211--Rules of Practice
49 CFR part 212--State Safety Participation Regulations
49 CFR part 213--Track Safety Standards
49 CFR part 214--Railroad Workplace Safety
49 CFR part 215--Railroad Freight Car Safety Standards

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.

[[Page 52746]]

------------------------------------------------------------------------
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 1 (2019) List of Rules Analyzed and Summary of Results
49 CFR Part 609--Transportation for Elderly and Handicapped Persons
Section 610: FTA conducted a Section 610 review of 49 CFR
part 609 and determined that it would not result in a SEISNOSE within
the meaning of the RFA. The rule ensures that applicants for financial
assistance under section 5307 of title 49, United States Code, as a
condition of receiving such assistance, provide half-fares for elderly
and handicapped persons during non-peak hours for transportation
utilizing or involving the facilities and equipment of the project
financed with FTA assistance.
General: No changes are needed. FTA estimated the costs
and projected benefits of the rule and believes it is cost-effective
and imposes the least burden. FTA's plain language review of this rule
indicates no need for substantial revision.
49 CFR Part 640-- Credit Assistance for Surface Transportation Projects
Section 610: FTA conducted a Section 610 review of 49 CFR
part 640 and determined that it would not result in a SEISNOSE within
the meaning of the RFA. The regulation is a cross-reference to the
Department of Transportation's Credit Assistance for Surface
Transportation Projects regulation at 49 CFR part 80. FTA does not own
the cross-referenced regulation and, accordingly, cannot make changes
or determine whether it is a SEISNOSE within the meaning of the RFA.
General: No changes are needed. The regulation is a cross-
reference to a DOT regulation.
Year 2 (2020) List of Rules To Be Analyzed the Next Year
49 CFR Part 633--Project Management Oversight

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
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 1 (2018) List of Rules With Ongoing Analysis
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

[[Page 52747]]

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 Year 2 (Fall 2019) List of rules that will be
analyzed during the next year
46 CFR parts 221 and 232
46 CFR part 221 Regulated Transactions Involving Documented Vessels and
Other Maritime Interests
46 CFR part 232 Uniform Financial Reporting Requirements

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.
------------------------------------------------------------------------

Year 2 (Fall 2020) List of Rules Analyzed and a Summary of Results
49 CFR Part 178--Specifications for Packaging, 49 CFR Part 179--
Specifications for Tank Cars, 49 CFR part 180--Continuing Qualification
and Maintenance of Packaging's
Section 610: PHMSA conducted a review of this part and
found no SEISNOSE.
General: PHMSA has reviewed these parts and found that
while these parts do not have SEISNOSE, they could be streamlined to
reflect new technologies and updated to reflect current practices.
Therefore, even though the review indicated that the economic impact on
small entities is not significant, PHMSA has initiated multiple
deregulatory rulemakings to reduce the compliance burdens of parts 178,
179, and 180. Further, PHMSA's plain language review of these parts
indicates no need for substantial revision. Where confusing or wordy
language has been identified, PHMSA plans to propose or finalize
revisions in the upcoming modal rulemaking as well as other
deregulatory rulemakings.
As an example, the Modal Regulatory Reforms Initiatives, 2137-AF41,
rulemaking action is part of PHMSA's response to clarify current
regulatory requirements and address public comments received to the
Department's regulatory reform and infrastructure notices. This
rulemaking also proposes to address a variety of petitions for
rulemaking, specific to modal stakeholders, and other issues identified
by PHMSA during its regulatory review.
The impact that the 2137-AF41 rulemaking will have on small
entities is not expected to be significant. The rulemaking is based on
PHMSA's initiatives and correspondence with the regulated community,
and PHMSA working in conjunction with its modal partners, including
FMCSA, FRA, and the United States Coast Guard (USCG). The proposed
changes are generally intended to provide relief or clarity and, as a
result, positive economic benefits to shippers, carriers, and packaging
manufacturers and testers, including small entities. In conclusion,
many companies are expecting to realize economic benefits, because of
the proposed amendments in the 2137-AF41 rulemaking. The proposed
amendments are expected to result in an overall net cost savings and
ease the regulatory compliance burden for shippers, carriers,
manufacturers, and requalifiers, specifically those modal-specific
packaging and requalification requirements. This rulemaking is one
example of PHMSA's review of rulemakings which ensures that our rules
do not have a significant economic impact on a substantial number of
small entities.
Year 3 (Fall 2021) List of Rules That Will Be Analyzed During the Next
Year
49 CFR part 172--Hazardous Materials Table, Special Provisions,
Hazardous Materials Communications, Emergency Response Information,
Training Requirements, and Security Plans
49 CFR part 175--Carriage by Aircraft

Saint Lawrence Seaway Development Corporation

Section 610 and Other Reviews

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

[[Page 52748]]

Office of the Secretary--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
161....................... Defining Unfair or 2105-AE72
Deceptive Practices.
162....................... + Accessible Lavatories on 2105-AE88
Single-Aisle Aircraft:
Part I (Rulemaking
Resulting From a Section
610 Review).
------------------------------------------------------------------------
+ DOT-designated significant regulation.

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

Federal Aviation Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
164....................... + Pilot Records Database 2120-AK31
(HR 5900).
------------------------------------------------------------------------
+ DOT-designated significant regulation.

Federal Aviation Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
165....................... + Airport Safety 2120-AJ38
Management System.
166....................... + Registration and Marking 2120-AK82
Requirements for Small
Unmanned Aircraft.
167....................... + Operations of Small 2120-AK85
Unmanned Aircraft Over
People.
------------------------------------------------------------------------
+ DOT-designated significant regulation.

Federal Aviation Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
168....................... + Regulation Of Flight 2120-AJ78
Operations Conducted By
Alaska Guide Pilots.
169....................... + Drug and Alcohol Testing 2120-AK09
of Certain Maintenance
Provider Employees
Located Outside of the
United States.
170....................... + Aircraft Registration 2120-AK37
and Airmen Certification
Fees.
171....................... + Helicopter Air Ambulance 2120-AK57
Pilot Training and
Operational Requirements
(HAA II) (FAA
Reauthorization).
172....................... Requirements to File 2120-AK77
Notice of Construction of
Meteorological Evaluation
Towers and Other
Renewable Energy Projects
(Section 610 Review).
------------------------------------------------------------------------
+ DOT-designated significant regulation.

Federal Motor Carrier Safety Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
173....................... + 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--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
174....................... + Safety Monitoring System 2126-AA35
and Compliance Initiative
for Mexico-Domiciled
Motor Carriers Operating
in the United States.
------------------------------------------------------------------------
+ DOT-designated significant regulation.

[[Page 52749]]

Saint Lawrence Seaway Development Corporation--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
175....................... Tariff of Tolls 2135-AA47
(Rulemaking Resulting
From a Section 610
Review).
176....................... Seaway Regulations and 2135-AA48
Rules: Periodic Update,
Various Categories
(Rulemaking Resulting
From a Section 610
Review).
------------------------------------------------------------------------

Pipeline and Hazardous Materials Safety Administration--Proposed Rule
Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
177....................... + 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.
------------------------------------------------------------------------
178....................... + Hazardous Materials: 2137-AF20
Enhanced Safety
Provisions for Lithium
Batteries Transported by
Aircraft (FAA
Reauthorization Act of
2018).
------------------------------------------------------------------------
+ DOT-designated significant regulation.

DEPARTMENT OF TRANSPORTATION (DOT)

Office of the Secretary (OST)

Final Rule Stage

161. 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 would also require the Department to
articulate in future enforcement orders the basis for concluding that a
practice is unfair or deceptive where no existing regulation governs
the practice in question, state the basis for its conclusion that a
practice is unfair or deceptive when it issues discretionary aviation
consumer protection regulations, and apply formal hearing procedures
for discretionary aviation consumer protection rulemakings. In
addition, this rulemaking would codify the longstanding practice of the
Department to offer airlines and ticket agents the opportunity to be
heard and present relevant evidence before any determination is made on
how to resolve a matter involving a potential unfair or deceptive
practice.
Timetable:

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: blane.workie@ost.dot.gov.
RIN: 2105-AE72

162. +Accessible Lavatories on Single-Aisle Aircraft: Part I
(Rulemaking Resulting From a Section 610 Review)

E.O. 13771 Designation: Deregulatory.
Legal Authority: 49 U.S.C. 41705; FAA Reauthorization Act of 2016,
Pub. L. 114-190, 130 Stat. 615, 622
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:

Regulatory Flexibility Analysis Required: No.
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: blane.workie@ost.dot.gov.
RIN: 2105-AE88

[[Page 52750]]

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Prerule Stage

163. +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(f); 49 U.S.C. 106(g); 49 U.S.C.
1153; 49 U.S.C. 40101; 49 U.S.C. 40102; 49 U.S.C. 40103; 49 U.S.C.
40113; 49 U.S.C. 41706; 49 U.S.C. 44105; 49 U.S.C. 44106; 49 U.S.C.
44111; 49 U.S.C. 44701 to 44717; 49 U.S.C. 44722; 49 U.S.C. 44901; 49
U.S.C. 44903; 49 U.S.C. 44904; 49 U.S.C. 44906; 49 U.S.C. 44912; 49
U.S.C. 44914; 49 U.S.C. 44936; 49 U.S.C. 44938; 49 U.S.C. 45101 to
45105; 49 U.S.C. 46103
Abstract: This rulemaking would require a flightcrew member 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............................... 10/00/20 .......................
------------------------------------------------------------------------

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: dale.roberts@faa.gov.
RIN: 2120-AK26

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Proposed Rule Stage

164. +Pilot Records Database (HR 5900)

E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 106(f); 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:

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: christopher.morris@faa.gov.
RIN: 2120-AK31

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Final Rule Stage

165. +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.......................... 12/00/20 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: James Schroeder, Office of Airport Safety and
Standards, Department of Transportation, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591,
Phone: 202 267-4974, Email: james.schroeder@faa.gov.
RIN: 2120-AJ38

166. +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 .......................

[[Page 52751]]

OMB Approval of Information 12/21/15 80 FR 79255
Collection.
Interim Final Rule Comment Period 01/15/16 .......................
End.
Final Rule.......................... 12/00/20 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Bonnie Lefko, Department of Transportation, Federal
Aviation Administration, 6500 S MacArthur Boulevard, Registry Building
26, Room 118, Registry Building 26, Room 118, Oklahoma City, OK 73169,
Phone: 405 954-7461, Email: bonnie.lefko@faa.gov.
RIN: 2120-AK82

167. +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 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:

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: guido.hassig@faa.gov.
RIN: 2120-AK85

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Long-Term Actions

168. +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: jeffrey.smith@faa.gov.
RIN: 2120-AJ78

169. +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: 49 U.S.C. 106(g); 49 U.S.C. 40113; 49 U.S.C.
44701; 49 U.S.C. 44702; 49 U.S.C. 44707; 49 U.S.C. 44709; 49 U.S.C.
44717
Abstract: This rulemaking would require controlled substance
testing of some employees working in repair stations located outside
the United States. The intended effect is to increase participation by
companies outside of the United States in testing of employees who
perform safety critical functions and testing standards similar to
those used in the repair stations located in the United States. This
action is necessary to increase the level of safety of the flying
public. This rulemaking is a statutory mandate under section 308(d) of
the FAA Modernization and Reform Act of 2012 (Pub. L. 112-95).
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Julia Brady, Program Analyst, Program Policy
Branch, Department of Transportation, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591, Phone: 202 267-8083,
Email: julia.brady@faa.gov.
RIN: 2120-AK09

170. +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

[[Page 52752]]

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................................ 06/00/21 .......................
------------------------------------------------------------------------

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: isra.raza@faa.gov.
RIN: 2120-AK37

171. +Helicopter Air Ambulance Pilot Training and Operational
Requirements (HAA II) (FAA Reauthorization)

E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 106(f); 49 U.S.C. 106(g); 49 U.S.C.
40113; 49 U.S.C. 41706; 49 U.S.C. 44701; 49 U.S.C. 44702; 49 U.S.C.
44705; 49 U.S.C. 44709; 49 U.S.C. 44711 to 44713; 49 U.S.C. 44715 to
44717; 49 U.S.C. 44722; 49 U.S.C. 44730; 49 U.S.C. 45101 to 45105
Abstract: This rulemaking would develop training requirements for
crew resource management, flight risk evaluation, and operational
control of the pilot in command, as well as to develop standards for
the use of flight simulation training devices and line-oriented flight
training. Additionally, it would establish requirements for the use of
safety equipment for flight crewmembers and flight nurses. These
changes will aide in the increase in aviation safety and increase
survivability in the event of an accident. Without these changes, the
Helicopter Air Ambulance industry may continue to see the unacceptable
high rate of aircraft accidents. This rulemaking is a statutory mandate
under section 306(e) of the FAA Modernization and Reform Act of 2012
(Pub. L. 112-95).
Timetable: Next Action Undetermined.
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Chris Holliday, Department of Transportation,
Federal Aviation Administration, 801 Pennsylvania Avenue NW,
Washington, DC 20024, Phone: 202 267-4552, Email:
chris.holliday@faa.gov.
RIN: 2120-AK57

172. 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
(Public Law 114-190).
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/21 .......................
------------------------------------------------------------------------

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

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Proposed Rule Stage

173. +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).
Abstract: FMCSA proposes to prohibit State Driver's Licensing
Agencies (SDLAs) from issuing, renewing, upgrading, or transferring a
commercial driver's license (CDL), or commercial learner's permit
(CLP), for individuals prohibited under current regulations from
driving a commercial motor vehicle (CMV) due to controlled substance
(drug) and alcohol program violations. The CMV driving ban is intended
to keep these drivers off the road until they comply with return-to-
duty (RTD) requirements. FMCSA also seeks comment on alternate
proposals establishing additional ways that SDLAs would use
information, obtained through the Drug and Alcohol Clearinghouse
(Clearinghouse), to increase compliance with the CMV driving
prohibition. Further, the Agency proposes to 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................................ 07/00/20 .......................
------------------------------------------------------------------------

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: juan.moya@dot.gov.
RIN: 2126-AC11

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Long-Term Actions

174. +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

[[Page 52753]]

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:
dolores.macias@dot.gov.
RIN: 2126-AA35

DEPARTMENT OF TRANSPORTATION (DOT)

Saint Lawrence Seaway Development Corporation (SLSDC)

Completed Actions

175. Tariff of Tolls (Rulemaking Resulting From a Section 610 Review)

E.O. 13771 Designation: Deregulatory.
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.......................... 03/20/20 85 FR 15951
Final Rule Effective................ 03/20/20 .......................
------------------------------------------------------------------------

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: carrie.mann@dot.gov.
RIN: 2135-AA47

176. Seaway Regulations and Rules: Periodic Update, Various Categories
(Rulemaking Resulting From a Section 610 Review)

E.O. 13771 Designation: Deregulatory.
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.......................... 03/20/20 85 FR 15949
Final Rule Effective................ 03/31/20 .......................
------------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Proposed Rule Stage

177. +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:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Robert Jagger, Technical Writer, Department of
Transportation, Pipeline and Hazardous Materials Safety Administration,
1200 New Jersey Avenue SW, Washington, DC 20590, Phone: 202 366-4595,
Email: robert.jagger@dot.gov.
RIN: 2137-AF06

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Final Rule Stage

178. +Hazardous Materials: Enhanced Safety Provisions for Lithium
Batteries Transported by Aircraft (FAA Reauthorization Act of 2018)

E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 44701; 49 U.S.C. 5103(b); 49 U.S.C.
5120(b)
Abstract: This rulemaking amends the Hazardous Materials
Regulations (HMR; 49 CFR parts 171-180) to (1) prohibit the transport
of lithium ion cells and batteries as cargo on passenger aircraft; (2)
require all lithium ion cells and batteries to be shipped at not more
than a 30 percent state of charge on cargo-only aircraft; and (3) limit
the use of

[[Page 52754]]

alternative provisions for small lithium cell or battery to one package
per consignment. The amendments will not restrict passengers or crew
members from bringing personal items or electronic devices containing
lithium cells or batteries aboard aircraft, or restrict the air
transport of lithium ion cells or batteries when packed with or
contained in equipment. To accommodate persons in areas potentially not
serviced daily by cargo aircraft, PHMSA is providing a limited
exception for not more than two replacement lithium cells or batteries
specifically used for medical devices to be transported by passenger
aircraft and at a state of charge greater than 30 percent, under
certain conditions and as approved by the Associate Administrator. This
rulemaking is necessary to meet the FAA Reauthorization Act of 2018,
address a safety hazard, and harmonize the HMR with emergency
amendments to the 2015-2016 edition of the International Civil Aviation
Organization's Technical Instructions for the Safe Transport of
Dangerous Goods by Air (ICAO Technical Instructions).
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 03/06/19 84 FR 8006
Interim Final Rule Effective........ 03/06/19 .......................
Interim Final Rule Comment Period 05/06/19 .......................
End.
Final Rule.......................... 10/00/20 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Shelby Geller, 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: shelby.geller@dot.gov.
RIN: 2137-AF20

[FR Doc. 2020-16760 Filed 8-25-20; 8:45 am]
BILLING CODE 4910-9X-P; 4910-60-P; 4910-EX-P; 4910-13-P; 4910-61-P