[Federal Register Volume 86, Number 60 (Wednesday, March 31, 2021)]
[Proposed Rules]
[Pages 16926-16943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05416]



[[Page 16925]]

Vol. 86

Wednesday,

No. 60

March 31, 2021

Part XII





Department of Transportation





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Semiannual Regulatory Agenda

  Federal Register / Vol. 86 , No. 60 / Wednesday, March 31, 2021 / UA: 
Reg Flex Agenda  

[[Page 16926]]


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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 Dols, Deputy Assistant General Counsel for 
Regulation, Office of General Counsel, Department of Transportation, 
1200 New Jersey Avenue SE, Washington, DC 20590; (202) 366-4702.

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

    The U.S. Department of Transportation (Department or DOT) 
undertakes regulation only after careful consideration and strives to 
make clear the way the Department measures the risks, costs, and 
benefits of engaging in--or deciding not to engage in--a particular 
regulatory action. 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 
scrutinize their regulations and other agency actions further. 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 net regulatory costs on the 
public by more than $92 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 over $163 billion 
dollars and helps American consumers afford to buy newer, cleaner, and 
safer vehicles by reducing the

[[Page 16927]]

average price of new vehicles. In addition, similarly, on June 1, 2020, 
FMCSA 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 reducing 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 regular reviews across all OAs to 
identify and evaluate potential deregulatory actions. The RRTF also 
works to ensure that any new potential regulatory action is rigorously 
vetted, including an evaluation of the need or market failure requiring 
regulatory action, and consideration of non-regulatory alternatives.
    The Department's regulatory activities are 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, the Department 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; the Department remains focused on 
managing safety risks and ensuring 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 
crashes on our nation's roadways. NHTSA plans to issue regulatory 
actions that: (1) Allow for updates to current FMVSS to enable the 
introduction of new safety technologies; and (2) streamline NHTSA's 
regulations outlining the administrative processes for petitioning the 
agency for exemptions, and reconsiderations. Similarly, the Federal 
Aviation Administration (FAA) is working to enable, safely and 
efficiently, the integration of unmanned aircraft systems (UAS) into 
the National Airspace System. UAS are expected to continue to drive 
innovation and increase safety as operators and manufacturers find new 
and inventive uses for UAS. For instance, UAS are poised to assist 
human operators with a number of different mission sets such as 
inspection of critical infrastructure and search and rescue, enabling 
beneficial and lifesaving activities that would otherwise be difficult 
or even impossible for a human to accomplish unassisted. The Department 
has regulatory efforts underway to further integrate UAS safely and 
efficiently. The Department's work to update and streamline its 
regulation of the commercial space sector is well underway. 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. This shift 
will 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.
    Since January 2020, the Department has been providing rapid 
response and emergency review of legal and operational challenges 
presented by COVID-19 within the transportation network. Domestically, 
our efforts have focused on addressing regulatory compliance made 
impracticable by the COVID-19 public health emergency due to office 
closures, personnel shortages, and other restrictions. DOT has provided 
extensive relief to transportation stakeholders impacted by the COVID-
19 public health emergency. The Department has taken over 100 actions 
to provide emergency relief to transportation stakeholders through 
regulatory waivers, exemptions, extensions of deadlines, statements of 
enforcement discretion, and other guidance.
    These actions individually and collectively kept our transportation 
systems and supply chains open to provide critical supplies and 
services during the national emergency. For example, to support 
commercial vehicle drivers--including the truckers carrying vital 
medical supplies to hospitals--FMCSA issued its first ever national 
emergency declaration to provide regulatory relief from its hours-of-
service rules. FRA opened an emergency relief docket pursuant to the 
Administrator's Declaration of Emergency Situation, supporting a number 
of emergency waivers. FAA took numerous actions to ensure the continued 
safety of the National Airspace System and operations supporting 
essential services, including addressing expiring medical certificates 
and training requirements for pilots, and finalizing a rule to address 
oxygen mask usage given the risk of COVID-19 transmission. PHMSA 
provided temporary relief to enable transportation of hand sanitizer 
and other disinfecting materials.
    Pursuant to the President's Executive Order on Regulatory Relief to 
Support Economic Recovery, the Department has been coordinating with 
each of its Operating Administrations to evaluate how to expedite 
regulatory relief and recovery from COVID-19 without compromising 
safety, and determine whether such relief may be considered for 
permanent incorporation into the Department's rules.

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

[[Page 16928]]

action is subject to the Unfunded Mandates Reform Act; (14) whether the 
action is subject to the Energy Act; (15) the action's designation 
under Executive Order 13771 explaining whether the action will have a 
regulatory or deregulatory effect; and (16) whether the action is major 
under the congressional review provisions of the Small Business 
Regulatory Enforcement Fairness Act.
    For nonsignificant regulations issued routinely and frequently as a 
part of an established body of technical requirements (such as the 
Federal Aviation Administration's Airspace Rules), to keep those 
requirements operationally current, we only include the general 
category of the regulations, the identity of a contact office or 
official, and an indication of the expected number of regulations; we 
do not list individual regulations.
    In the ``Timetable'' column, we use abbreviations to indicate the 
particular documents being considered. ANPRM stands for Advance Notice 
of Proposed Rulemaking, SNPRM for Supplemental Notice of Proposed 
Rulemaking, and NPRM for Notice of Proposed Rulemaking. Listing a 
future date in this column does not mean we have made a decision to 
issue a document; it is the earliest date on which a rulemaking 
document may publish. In addition, these dates are based on current 
schedules. Information received after the issuance of this Agenda could 
result in a decision not to take regulatory action or in changes to 
proposed publication dates. For example, the need for further 
evaluation could result in a later publication date; evidence of a 
greater need for the regulation could result in an earlier publication 
date.
    Finally, a dot () preceding an entry indicates that the 
entry appears in the Agenda for the first time.
    The internet is the basic means for disseminating the Unified 
Agenda. The complete Unified Agenda is available online at 
www.reginfo.gov in a format that offers users a greatly enhanced 
ability to obtain information from the Agenda database. A portion of 
the Agenda is published in the Federal Register, however, because the 
Regulatory Flexibility Act (5 U.S.C. 602) mandates publication for the 
regulatory flexibility agenda.
    Accordingly, DOT's printed Agenda entries include only:
    1. The agency's Agenda preamble;
    2. Rules that are in the agency's regulatory flexibility agenda, in 
accordance with the Regulatory Flexibility Act, because they are likely 
to have a significant economic impact on a substantial number of small 
entities; and
    3. Any rules that the agency has identified for periodic review 
under section 610 of the Regulatory Flexibility Act.
    Printing of these entries is limited to fields that contain 
information required by the Regulatory Flexibility Act's Agenda 
requirements. These elements are: Sequence Number; Title; Section 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

    DOT's Agenda is intended primarily for the use of the public. Since 
its inception, the Department has made modifications and refinements 
that 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

    The Department also seeks your suggestions on which of our existing 
regulations you believe should 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 the Department, 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 the Department 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.
    This document of the Department of Transportation was signed on 
December 7, 2020, by Elaine L. Chao, Secretary of Transportation. That 
document with the original signature and date is maintained by the 
Department of Transportation. For administrative purposes only, and in 
compliance with requirements of the Office of the Federal Register, the 
Department of Transportation has delegated authority to the undersigned 
RISC Federal Register Liaison Officer to re-sign and submit the 
document in electronic format for publication, as an official document 
of the Department of Transportation. This administrative process in no 
way alters the legal effect of this document upon publication in the 
Federal Register.

    Dated: March 11, 2021.
Alvin Levi Harrod,
Federal Register Liaison Officer, Regulatory Information Service 
Center.

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,

[[Page 16929]]

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 E, Washington, DC 20590; telephone (202) 366-3101.
    SLSDC--Carrie Mann Lavigne, Chief Counsel, 180 Andrews Street, 
Massena, NY 13662; telephone (315) 764-3200.
    PHMSA--Robert Ross, Office of Chief Counsel, 1200 New Jersey 
Avenue SE, Washington, DC 20590; telephone (202) 768-1365.
    MARAD--Gabriel Chavez, Office of Chief Counsel, Maritime 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590; 
telephone (202) 366-2621.
    OST--Jonathan Dols, Deputy Assistant General Counsel for 
Regulation, 1200 New Jersey Avenue SE, Washington, DC 20590; 
telephone (202) 366-4723.

Appendix C--Public Rulemaking Dockets

    All comments submitted 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. DOT also has 
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, 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 the Department 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, DOT 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.

[[Page 16930]]

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]
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 Analyzed and Summary of Results
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

    DOT has determined that updates need to be made to the regulations 
identified under Year 2. The regulations will be updated as part of RIN 
2105-AE26 (Revisions to the Transportation Acquisition Regulations).

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

[[Page 16931]]

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 141            2020            2021
                         through 147 and
                         parts 170
                         through 187.
2.....................  14 CFR parts 189            2021            2022
                         through 198 and
                         parts 1 through
                         16.
3.....................  14 CFR parts 17             2022            2023
                         through 33.
4.....................  14 CFR parts 34             2023            2024
                         through 39 and
                         parts 400
                         through 405.
5.....................  14 CFR parts 43             2024            2025
                         through 49 and
                         parts 406
                         through 415.
6.....................  14 CFR parts 60             2025            2026
                         through 77.
7.....................  14 CFR parts 91             2026            2027
                         through 107.
8.....................  14 CFR parts 417            2027            2028
                         through 460.
9.....................  14 CFR parts 119            2028            2029
                         through 129 and
                         parts 150
                         through 156.
10....................  14 CFR parts 133            2029            2030
                         through 139 and
                         parts 157
                         through 169.
------------------------------------------------------------------------

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 141 through 147 and parts 170 through 187.
    2. Identification and analysis of all amendments to parts 141 
through 147 and parts 170 through 187 since July 2010 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--List of Rules To Be Analyzed Next Year (2021)
14 CFR part 1--Definitions and abbreviations
14 CFR part 3--General requirements
14 CFR part 11--General rulemaking procedures
14 CFR part 13--Investigative and enforcement procedures
14 CFR part 14--Rules implementing the Equal Access to Justice Act of 
1980
14 CFR part 15--Administrative claims under Federal Tort Claims Act
14 CFR part 16--Rules of practice for Federally-assisted airport 
enforcement proceedings
14 CFR part 189--Use of Federal Aviation Administration communications 
system
14 CFR part 193--Protection of voluntarily submitted information
14 CFR part 198--Aviation insurance
Year 1--List of Rules To Be Analyzed This Year (2020)
14 CFR part 141--Pilot Schools
14 CFR part 142--Training Centers
14 CFR part 143--Reserved
14 CFR part 144--Does not exist
14 CFR part 145--Repair Stations
14 CFR part 146--Does not exist
14 CFR part 147--Aviation Maintenance Technician Schools
14 CFR part 170--Establishment and Discontinuance Criteria for Air 
Traffic Control Services and Navigational Facilities
14 CFR part 171--Non-Federal Navigation Facilities
14 CFR part 172 through 182--Does not exist
14 CFR part 183--Representatives of the Administrator
14 CFR part 184--Does not exist
Year 1 (2020) List of Rules Analyzed and Summary of Results
14 CFR Part 141--Pilot Schools
    Section 610: The agency conducted a Section 610 review of this part 
and found no SEISNOSE.
    General: No changes are needed.
14 CFR Part 142--Training Centers
    Section 610: The agency conducted a Section 610 review of this part 
and found no SEISNOSE.
    General: No changes are needed.
14 CFR Part 145--Repair Stations
    Section 610: The agency conducted a Section 610 review of this part 
and found no SEISNOSE.
    General: No changes are needed.
14 CFR Part 147--Aviation Maintenance Technician Schools
    Section 610: The agency conducted a Section 610 review of this part 
and found no SEISNOSE.
    General: No changes are needed.
14 CFR Part 170--Establishment and Discontinuance Criteria for Air 
Traffic Control Services and Navigational Facilities
    Section 610: The agency conducted a Section 610 review of this part 
and found no SEISNOSE.
    General: No changes are needed.
14 CFR Part 171--Non-Federal Navigational Facilities
    Section 610: The agency conducted a Section 610 review of this part 
and found no amendments to 14 CFR 185 since July 2010. Thus, no 
SEISNOSE exists in this part.
    General: No changes are needed.
14 CFR Part 183--Representatives of the Administrator
    Section 610: The agency conducted a Section 610 review of this part 
and found no SEISNOSE.
    General: No changes are needed.
14 CFR Part 185--Testimony by Employees and Production of Records in 
Legal Proceedings, and Service of Legal Process and Pleadings
    Section 610: The agency conducted a section 610 review of this part 
and found no amendments to 14 CFR 185 since July 2010. Thus, no 
SEISNOSE exists in this part.
    General: No changes are needed.
14 CFR Part 187--Fees
    Section 610: The agency conducted a section 610 review of this part 
and found no SEISNOSE.
    General: No changes are needed.

Federal Highway Administration

Section 610 and Other Reviews

[[Page 16932]]



------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  None............            2018            2019
2.....................  23 CFR parts 1              2019            2020
                         to 260.
3.....................  23 CFR parts 420            2020            2021
                         to 470.
4.....................  23 CFR part 500.            2021            2022
5.....................  23 CFR parts 620            2022            2023
                         to 637.
6.....................  23 CFR parts 645            2023            2024
                         to 669.
7.....................  23 CFR parts 710            2024            2025
                         to 924.
8.....................  23 CFR parts 940            2025            2026
                         to 973.
9.....................  23 CFR parts                2026            2027
                         1200 to 1252.
10....................  New parts and               2027            2028
                         subparts.
------------------------------------------------------------------------

Federal-Aid Highway Program
    The Federal Highway Administration (FHWA) has adopted regulations 
in title 23 of the CFR, chapter I, related to the Federal-Aid Highway 
Program. These regulations implement and carry out the provisions of 
Federal law relating to the administration of Federal aid for highways. 
The primary law authorizing Federal aid for highways is chapter I of 
title 23 of the U.S.C. 145, which expressly provides for a federally 
assisted State program. For this reason, the regulations adopted by the 
FHWA in title 23 of the CFR primarily relate to the requirements that 
States must meet to receive Federal funds for construction and other 
work related to highways. Because the regulations in title 23 primarily 
relate to States, which are not defined as small entities under the 
Regulatory Flexibility Act, the FHWA believes that its regulations in 
title 23 do not have a significant economic impact on a substantial 
number of small entities. The FHWA solicits public comment on this 
preliminary conclusion.
Year 2 (Fall 2019) List of Rules That Will Be Analyzed During the Next 
Year and a Summary of Results
23 CFR Part 1--General
     Section 610: No SEISNOSE. No small entities are affected.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden. FHWA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR Part 140--Reimbursement
     Section 610: No SEISNOSE. No small entities are affected.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden. FHWA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR Part 172--Procurement, Management, and Administration of 
Engineering and Design Related Services
     Section 610: No SEISNOSE. No small entities are affected.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden. FHWA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR Part 180--Credit Assistance for Surface Transportation Projects
     Section 610: No SEISNOSE. No small entities are affected.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden. FHWA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR Part 190--Incentive Payments for Controlling Outdoor Advertising 
on the Interstate System
     Section 610: No SEISNOSE. No small entities are affected.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden. FHWA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR Part 192--Drug Offender's Driver's License Suspension
     Section 610: No SEISNOSE. No small entities are affected.
     General: FHWA is updating these regulations under RIN 
2125-AF93 to increase are cost effectiveness and reduce burden. FHWA's 
plain language review of these rules indicates no need for substantial 
revision.
3 CFR Part 200--Title VI Program and Related Statutes--Implementation 
and Review Procedures
     Section 610: No SEISNOSE. No small entities are affected.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden. FHWA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR Part 230--External Programs
     Section 610: No SEISNOSE. No small entities are affected.
     General: FHWA is updating these subpart C of these 
regulations under RIN 2125-AF87 to reduce duplicative burdens. FHWA's 
plain language review of these rules indicates no need for substantial 
revision.
23 CFR Part 260--Education and Training Programs
     Section 610: No SEISNOSE. No small entities are affected.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden. FHWA's plain language review of 
these rules indicates no need for substantial revision.
Year 3 (Fall 2020) List of Rules That Will Be Analyzed During the Next 
Year
23 CFR part 420--Planning and research program administration
23 CFR part 450--Planning assistance and standards
23 CFR part 460--Public road mileage for apportionment of highway 
safety funds
23 CFR part 470--Highway systems

Federal Motor Carrier Safety Administration

Section 610 and Other Reviews

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

[[Page 16933]]

 
8.....................  49 CFR part 375.            2025            2026
9.....................  49 CFR part 367.            2026            2027
10....................  49 CFR part 395.            2027            2028
------------------------------------------------------------------------

Year 2 (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 analyzed 49 CFR part 386, and found no 
SEIOSNOSE. 49 CFR part 386 is a permissive set of rules that establish 
procedures 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 
recourse for commercial drivers to report employer harassment or 
coercion to violate rules.
     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.
49 CFR Part 385--Safety Fitness Procedures
     Section 610: FMCSA analyzed 49 CFR part 385, and found no 
SEIOSNOSE. 49 CFR part 385 provides guidance on safety fitness 
procedures including monitoring, new entrants, intermodal equipment, 
and hazardous materials safety permits. The rule addresses safety 
initiatives whose cost are required by 49 CFR parts 360, 367, 387, and 
390. These rules do not result in a SEISNOSE, because they do not 
introduce new costs to small carriers.
     General: There is no need for substantial revision as 
these regulations provide necessary guidance to the industry. The 
regulations are written consistent with plain language guidelines and 
impose the least economic burden to industry.
Year 3 (2020) List of Rules That Will Be Analyzed During the Next Year
49 CFR part 382--Controlled Substances and Alcohol Use and Testing
49 CFR part 383--Commercial Driver's License Standards; Requirements 
and Penalties

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

Years 1 and 2 (Fall 20192020) 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.

[[Page 16934]]

 
10....................  49 CFR parts                2027            2028
                         269, 270, and
                         272.
------------------------------------------------------------------------

Year 2 (Fall 2019) List of Rules Analyzed and a Summary of Results
49 CFR Part 211--Rules of Practice
    [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 212--State Safety Participation Regulations
    [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 213--Track Safety Standards
     Section 610: This rule is expected to have a significant 
economic impact on a substantial number of small entities (SEIOSNOSE). 
These small entities are approximately 737 short line railroads. As 
part of the rulemaking process, FRA conducted a review of the impact 
that this rulemaking could have on small businesses and whether any 
opportunities may exist to reduce the burdens on small railroads 
without compromising safety.
    [ssquf] General: The rule prescribes minimum safety requirements 
for railroad track that is part of the general railroad system of 
transportation. The objective of the rule is to enhance the safety of 
rail transportation, protecting both those traveling and working on the 
system and those off the system who might be adversely affected by a 
rail incident. FRA's plain language review of this rule indicates no 
need for substantial revision.
49 CFR Part 214--Railroad Workplace Safety
    [ssquf] Section 610: There is a SEIOSNOSE. As part of the 
rulemaking process, FRA conducted a review of the impact that this 
rulemaking could have on small businesses and whether any opportunities 
may exist to reduce the burdens on small railroads without compromising 
safety.
    [ssquf] General: FRA's plain language review of this rule indicates 
no need for substantial revision.
49 CFR Part 215--Railroad Freight Car Safety Standards
    [ssquf] Section 610: There is a SEIOSNOSE.
    [ssquf] General: No changes are needed. This rule already limits 
economic impact on small entities through Appendix D of the rule. FRA's 
plain language review of this rule indicates no need for substantial 
revision.

Federal Transit Administration

Section 610 and Other Reviews

    The Regulatory Flexibility Act of 1980 (RFA), as amended (sections 
601 through 612 of title 5, United States Code), requires Federal 
regulatory agencies to analyze all proposed and final rules to 
determine their economic impact on small entities, which include small 
businesses, organizations, and governmental jurisdictions. Section 610 
requires government agencies to periodically review all regulations 
that will have a significant economic impact on a substantial number of 
small entities (SEISNOSE).
    In complying with this section, the Federal Transit Administration 
(FTA) has elected to use the two-step, two-year process used by most 
Department of Transportation (DOT) modes. As such, FTA has divided its 
rules into 10 groups as displayed in the table below. During the 
analysis year, the listed rules will be analyzed to identify those with 
a SEISNOSE. During the review year, each rule identified in the 
analysis year as having a SEISNOSE will be reviewed in accordance with 
Section 610(b) to determine if it should be continued without change or 
changed to minimize the impact on small entities.

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

Year 2 (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

[[Page 16935]]

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 3 (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 205--Audit Appeals; Policy and Procedure
46 CFR part 315--Agency Agreements and Appointment of Agents
46 CFR part 317--Bonding of Ship's Personnel
46 CFR part 324--Procedural Rules for Financial Transactions Under 
Agency Agreements
46 CFR part 325--Procedure to Be Followed by General Agents in 
Preparation of Invoices and Payment of Compensation Pursuant to 
Provisions of NSA Order No. 47
46 CFR part 326--Marine Protection and Indemnity Insurance Under 
Agreements with Agents
46 CFR part 327--Seamen's Claims; Administrative Action and Litigation
46 CFR part 328--Slop Chests
46 CFR part 329--Voyage Data
46 CFR part 330--Launch Services
46 CFR part 332--Repatriation of Seamen
46 CFR part 335--Authority and Responsibility of General Agents to 
Undertake Emergency Repairs in Foreign Ports
46 CFR part 336--Authority and Responsibility of General Agents to 
Undertake in Continental United States Ports Voyage Repairs and Service 
Equipment of Vessels Operated for the Account of The National Shipping 
Authority Under General Agency Agreement
46 CFR part 337--General Agent's Responsibility in Connection with 
Foreign Repair Custom's Entries
46 CFR part 338--Procedure for Accomplishment of Vessel Repairs Under 
National Shipping Authority Master Lump Sum Repair Contract--NSA-
Lumpsumrep
46 CFR part 339--Procedure for Accomplishment of Ship Repairs Under 
National Shipping Authority Individual Contract for Minor Repairs--NSA-
Workmanship
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 1 (2018) List of Rules Analyzed and a Summary of Results
46 CFR Part 204--Claims Against the Maritime Administration Under the 
Federal Tort Claims Act
     Section 610: There is no SEIOSNOSE.
     General: The purpose of this rule is to prescribe the 
requirements and procedures for administrative claims against the 
United States involving the Maritime Administration under the Federal 
Tort Claims Act. The agency has determined that the rule is cost-
effective and imposes the least possible burden on small entities. 
MARAD's plain language review of this rule indicates no need of 
substantial revision.
Year 2 (2019) List of Rules Analyzed and a Summary of Results
46 CFR Part 221--Regulated Transactions Involving Documented Vessels 
and Other Maritime Interests
     Section 610: There is no SEIOSNOSE.
     General: The purpose of this rule is to govern practice 
and procedure in regulating interest in or control of Documented 
Vessels owned by Citizens of the United States to Noncitizens and 
transactions involving certain maritime interests in time of war or 
national emergency. The agency has determined that the rule is cost-
effective and imposes the least possible burden on small entities. 
MARAD's plain language review of this rule indicates no need of 
substantial revision.
46 CFR 232--Uniform Financial Reporting Requirements
     Section 610: There is no SEIOSNOSE.
     General: The purpose of this rule is to govern practice 
and procedure to all participants in financial assistance programs 
administered by the Maritime Administration. The agency has determined 
that the rule is cost-effective and imposes the least possible burden 
on small entities. MARAD's plain language review of this rule indicates 
no need of substantial revision.
Year 3 (2020) List of Rules That Will Be Analyzed During This Year
46 CFR part 249--Approval of Underwriters for Marine Hull Insurance
46 CFR part 272--Requirements and Procedures for Conducting Condition 
Surveys and

[[Page 16936]]

Administering Maintenance and Repair Subsidy
46 CFR part 277--Domestic and Foreign Trade; Interpretations
46 CFR part 287--Establishment of Construction Reserve Funds
46 CFR part 289--Insurance of Construction-Differential Subsidy 
Vessels, Operating-Differential Subsidy Vessels and of Vessels Sold or 
Adjusted Under the Merchant Ship Sales Act of 1946
46 CFR part 295--Maritime Security Program
46 CFR part 296--Maritime Security Program

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
Section 610: PHMSA conducted a review of these parts 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, PHMSA has initiated 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 ambiguous language has been identified, 
PHMSA plans to propose or finalize revisions in 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, as 
well as PHMSA's consultation with its modal partners, including FMCSA, 
FRA, and the United States Coast Guard (USCG). The proposed changes are 
generally intended to provide regulatory 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

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

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

                Office of the Secretary--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
289.......................  + Defining Unfair or               2105-AE72
                             Deceptive Practices.

[[Page 16937]]

 
290.......................  + Accessible Lavatories on         2105-AE88
                             Single-Aisle Aircraft:
                             Part I (Rulemaking
                             Resulting From a Section
                             610 Review).
291.......................  Civil Monetary Penalties           2105-AE99
                             2021 Inflation Adjustment
                             (Section 610 Review).
------------------------------------------------------------------------
+ DOT-designated significant regulation.


               Office of the Secretary--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
292.......................  + Air Transportation               2105-AE57
                             Consumer Protection
                             Requirements for Ticket
                             Agents (Section 610
                             Review).
------------------------------------------------------------------------
+ DOT-designated significant regulation.


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


          Federal Aviation Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
294.......................  + Aircraft Registration            2120-AK37
                             and Airmen Certification
                             Fees.
295.......................  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 Aviation Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
296.......................  + Airport Safety                   2120-AJ38
                             Management System.
297.......................  + Pilot Records Database           2120-AK31
                             (HR 5900).
298.......................  + Registration and Marking         2120-AK82
                             Requirements for Small
                             Unmanned Aircraft (Reg
                             Plan Seq No. 71).
299.......................  + Operations of Small              2120-AK85
                             Unmanned Aircraft Over
                             People.
300.......................  + Remote Identification of         2120-AL31
                             Unmanned Aircraft Systems.
------------------------------------------------------------------------
+ DOT-designated significant regulation.
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


           Federal Aviation Administration--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
301.......................  + Regulation Of Flight             2120-AJ78
                             Operations Conducted By
                             Alaska Guide Pilots.
302.......................  + Drug and Alcohol Testing         2120-AK09
                             of Certain Maintenance
                             Provider Employees
                             Located Outside of the
                             United States.
303.......................  + Helicopter Air Ambulance         2120-AK57
                             Pilot Training and
                             Operational Requirements
                             (HAA II) (FAA
                             Reauthorization).
------------------------------------------------------------------------
+ DOT-designated significant regulation.


      Federal Motor Carrier Safety Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
304.......................  + 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.


[[Page 16938]]


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


     Saint Lawrence Seaway Development Corporation--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
306.......................  Seaway Regulations and             2135-AA49
                             Rules: Periodic Update,
                             Various Categories
                             (Rulemaking Resulting
                             From a Section 610
                             Review).
307.......................  Tariff of Tolls                    2135-AA50
                             (Rulemaking Resulting
                             From a Section 610
                             Review).
------------------------------------------------------------------------


Pipeline and Hazardous Materials Safety Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
308.......................  + Pipeline Safety:                 2137-AF06
                             Amendments to Parts 192
                             and 195 to Require Valve
                             Installation and Minimum
                             Rupture Detection
                             Standards.
309.......................  + 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

289. +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:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   11/00/20  .......................
------------------------------------------------------------------------

    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: 202 366-9345, Fax: 202 366-
7153, Email: [email protected].
    RIN: 2105-AE72

290. +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. No. 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:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/02/20  85 FR 27
NPRM Comment Period End.............   03/02/20  .......................
Final Rule..........................   12/00/20  .......................
------------------------------------------------------------------------

    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: 202 366-9345, Fax: 202 366-
7153, Email:[email protected].
    RIN: 2105-AE88

[[Page 16939]]

291.  Civil Monetary Penalties 2021 Inflation Adjustment 
(Section 610 Review)

    E.O. 13771 Designation: Not subject to, not significant.
    Legal Authority: Not Yet Determined
    Abstract: This rulemaking will adjust civil penalties assessed by 
the Department for inflation, as required by the Federal Civil 
Penalties Inflation Adjustment Act Improvements Act of 2015. To ensure 
coordination across the Department, the Office of the Secretary is 
publishing one omnibus rule updating all of the affected modes and 
offices' civil monetary penalties for 2021.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   01/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Blaine A. Workie, Assistant General Counsel, 
Department of Transportation, Office of the Secretary, 1200 New Jersey 
Avenue SE, Washington, DC 20590, Phone: 202 366-9345, Fax: 202 366-
7153, Email: [email protected].
    RIN: 2105-AE99

DEPARTMENT OF TRANSPORTATION (DOT)

Office of the Secretary (OST)

Long-Term Actions

292. +Air Transportation Consumer Protection Requirements for Ticket 
Agents (Section 610 Review)

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 49 U.S.C. 41712; FAA Reauthorization Act of 2018, 
sec. 427
    Abstract: This rulemaking would address a number of proposals to 
enhance protections for air travelers and to improve the air travel 
environment. Specifically, this rulemaking would enhance airline 
passenger protections by addressing whether to codify in regulation a 
definition of the term ``ticket agent.'' The rulemaking would also 
consider whether to require large travel agents to adopt minimum 
customer service standards and prohibit the unfair and deceptive 
practice of post-purchase price increases. These issues, previously 
part of a rulemaking known as Airline Pricing Transparency and Other 
Consumer Protection Issues, (2105-AE11) have been separated into this 
proceeding.
    Timetable: Next Action Undetermined.
    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: 202 366-9345, Fax: 202 366-
7153, Email: [email protected].
    RIN: 2105-AE57

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Prerule Stage

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

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 49 U.S.C. 106(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...............................   06/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Stephen Moates, Department of Transportation, 
Federal Aviation Administration, 800 Independence Avenue SW, 
Washington, DC 20591, Phone: 202 267-4147, Email: 
[email protected].
    RIN: 2120-AK26

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Proposed Rule Stage

294. +Aircraft Registration and Airmen Certification Fees

    E.O. 13771 Designation: Fully or Partially Exempt.
    Legal Authority: 31 U.S.C. 9701; 4 U.S.T. 1830; 49 U.S.C. 106(f); 
49 U.S.C. 106(g); 49 U.S.C. 106(l)(6); 49 U.S.C. 40104; 49 U.S.C. 
40105; 49 U.S.C. 40109; 49 U.S.C. 40113; 49 U.S.C. 40114; 49 U.S.C. 
44101 to 44108; 49 U.S.C. 44110 to 44113; 49 U.S.C. 44701 to 44704; 49 
U.S.C. 44707; 49 U.S.C. 44709 to 44711; 49 U.S.C. 44713; 49 U.S.C. 
45102; 49 U.S.C. 45103; 49 U.S.C. 45301; 49 U.S.C. 45302; 49 U.S.C. 
45305; 49 U.S.C. 46104; 49 U.S.C. 46301; Pub. L. 108-297, 118 Stat. 
1095
    Abstract: This rulemaking would establish fees for airman 
certificates, medical certificates, and provision of legal opinions 
pertaining to aircraft registration or recordation. This rulemaking 
also would revise existing fees for aircraft registration, recording of 
security interests in aircraft or aircraft parts, and replacement of an 
airman certificate. This rulemaking addresses provisions of the FAA 
Modernization and Reform Act of 2012. This rulemaking is intended to 
recover the estimated costs of the various services and activities for 
which fees would be established or revised.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/00/21  .......................
------------------------------------------------------------------------

    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: [email protected].
    RIN: 2120-AK37

295. 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

[[Page 16940]]

sponsors of wind turbines to provide certain specific data when filing 
notice of construction with the FAA. This rulemaking is a statutory 
mandate under section 2110 of the FAA Extension, Safety, and Security 
Act of 2016 (Pub. L. 114-190).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/00/21  .......................
------------------------------------------------------------------------

    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, Email: 
[email protected].
    RIN: 2120-AK77

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Final Rule Stage

296. +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, Department of Transportation, 
Federal Aviation Administration, Phone: 202 267-4974, Email: 
[email protected].
    RIN: 2120-AJ38

297. +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:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/30/20  85 FR 17660
NPRM Comment Period End.............   06/29/20  .......................
Final Rule..........................   01/00/21  .......................
------------------------------------------------------------------------

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

298. +Registration and Marking Requirements for Small Unmanned Aircraft

    Regulatory Plan: This entry is Seq. No. 71 in part II of this issue 
of the Federal Register.
    RIN: 2120-AK82

299. +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:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/13/19  84 FR 3856
NPRM Comment Period End.............   04/15/19  .......................
Final Rule..........................   01/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Michael Machnik, Department of Transportation, 
Federal Aviation Administration, Department of Transportation, Federal 
Aviation Administration, 2300 E Devon, Suite 261, Des Plaines, IL 
60018, Phone: 630 488-0090, Email: [email protected].
    RIN: 2120-AK85

300. +Remote Identification of Unmanned Aircraft Systems

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 118 Stat. 1095; 126 Stat. 11; 126 Stat. 75; 130 
Stat. 615; 4 U.S.C. 1830; 49 U.S.C. 106(f); 49 U.S.C. 106(g); 49 U.S.C. 
40101; 49 U.S.C. 40103; 49 U.S.C. 40103(b); 49 U.S.C. 40113; 49 U.S.C. 
40114; 49 U.S.C. 40120; 49 U.S.C. 41703; 49 U.S.C. 44101 to 44108; 49 
U.S.C. 44110 to 44113; 49 U.S.C. 44701; 49 U.S.C. 44701(a)(5); 49 
U.S.C. 44703; 49 U.S.C. 44704; 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. 44805; 49 
U.S.C. 44809(f); 49 U.S.C. 45302; 49 U.S.C. 45305; 49 U.S.C. 46104; 49 
U.S.C. 46301; 49 U.S.C.

[[Page 16941]]

46306; 49 U.S.C. 46315; 49 U.S.C. 46316; 49 U.S.C. 46504; 49 U.S.C. 
46506; 49 U.S.C. 46507; 49 U.S.C. 47122; 49 U.S.C. 47508; 49 U.S.C. 
47528 to 47531; 49 U.S.C. 47534; 61 Stat. 1180; Pub. L. 108-297; Pub. 
L. 112-95; Pub. L. 114-190
    Abstract: This action would require the remote identification of 
unmanned aircraft systems. The remote identification of unmanned 
aircraft systems in the airspace of the United States would address 
safety, national security, and law enforcement concerns regarding the 
further integration of these aircraft into the airspace of the United 
States while also enabling greater operational capabilities.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/31/19  84 FR 72438
NPRM Comment Period End.............   03/02/20  .......................
Final Rule..........................   12/00/20  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Ben Walsh, Department of Transportation, Federal 
Aviation Administration, 470 L'Enfant Plaza, Office 3200, Washington, 
DC 20024, Phone: 202-267-8233, Email: [email protected].
    RIN: 2120-AL31

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Long-Term Actions

301. +Regulation of Flight Operations Conducted by Alaska Guide Pilots

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 1153; 49 U.S.C. 1155; 
49 U.S.C. 40101 to 40103; 49 U.S.C. 40113; 49 U.S.C. 40120; 49 U.S.C. 
44101; 49 U.S.C. 44105 to 44016; 49 U.S.C. 44111; 49 U.S.C. 44701 to 
44717; 49 U.S.C. 44722; 49 U.S.C. 44901; 49 U.S.C. 44903 to 44904; 49 
U.S.C. 44906; 49 U.S.C. 44912; 49 U.S.C. 44914; 49 U.S.C. 44936; 49 
U.S.C. 44938; 49 U.S.C. 46103; 49 U.S.C. 46105; 49 U.S.C. 46306; 49 
U.S.C. 46315 to 46316; 49 U.S.C. 46504; 49 U.S.C. 46506 to 46507; 49 
U.S.C. 47122; 49 U.S.C. 47508; 49 U.S.C. 47528 to 47531; Articles 12 
and 29 of 61 Statue 1180; 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. Law 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: 202 365-3617, Email: [email protected].
    RIN: 2120-AJ78

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

    E.O. 13771 Designation: Fully or Partially Exempt.
    Legal Authority: 14 CFR; 49 U.S.C. 106(g); 49 U.S.C. 40113; 49 
U.S.C. 44701; 49 U.S.C. 44702; 49 U.S.C. 44707; 49 U.S.C. 44709; 49 
U.S.C. 44717
    Abstract: This rulemaking would require controlled substance 
testing of some employees working in repair stations located outside 
the United States. The intended effect is to increase participation by 
companies outside of the United States in testing of employees who 
perform safety critical functions and testing standards similar to 
those used in the repair stations located in the United States. This 
action is necessary to increase the level of safety of the flying 
public. This rulemaking is a statutory mandate under section 308(d) of 
the FAA Modernization and Reform Act of 2012 (Pub. L. 112-95).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   03/17/14  79 FR 14621
Comment Period Extended.............   05/01/14  79 FR 24631
ANPRM Comment Period End............   05/16/14  .......................
Comment Period End..................   07/17/14  .......................
NPRM................................   11/00/21  .......................
------------------------------------------------------------------------

    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: [email protected].
    RIN: 2120-AK09

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

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

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Final Rule Stage

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

    E.O. 13771 Designation: Regulatory.

[[Page 16942]]

    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................................   04/28/20  85 FR 23670
NPRM Comment Period End.............   06/29/20  .......................
Final Rule..........................   03/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Juan Moya, Department of Transportation, Federal 
Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, 
Washington, DC 20590, Phone: 202 366-4844, Email: [email protected].
    RIN: 2126-AC11

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Long-Term Actions

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

    E.O. 13771 Designation: Regulatory.
    Legal Authority: Pub. L. 107-87, sec. 350; 49 U.S.C. 113; 49 U.S.C. 
31136; 49 U.S.C. 31144; 49 U.S.C. 31502; 49 U.S.C. 504; 49 U.S.C. 5113; 
49 U.S.C. 521(b)(5)(A)
    Abstract: This rule would implement a safety monitoring system and 
compliance initiative designed to evaluate the continuing safety 
fitness of all Mexico-domiciled carriers within 18 months after 
receiving a provisional Certificate of Registration or provisional 
authority to operate in the United States. It also would establish 
suspension and revocation procedures for provisional Certificates of 
Registration and operating authority, and incorporate criteria to be 
used by FMCSA in evaluating whether Mexico-domiciled carriers exercise 
basic safety management controls. The interim rule included 
requirements that were not proposed in the NPRM but which are necessary 
to comply with the FY-2002 DOT Appropriations Act. On January 16, 2003, 
the Ninth Circuit Court of Appeals remanded this rule, along with two 
other NAFTA-related rules, to the agency, requiring a full 
environmental impact statement and an analysis required by the Clean 
Air Act. On June 7, 2004, the Supreme Court reversed the Ninth Circuit 
and remanded the case, holding that FMCSA is not required to prepare 
the environmental documents. FMCSA originally planned to publish a 
final rule by November 28, 2003.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/03/01  66 FR 22415
NPRM Comment Period End.............   07/02/01  .......................
Interim Final Rule..................   03/19/02  67 FR 12758
Interim Final Rule Comment Period      04/18/02  .......................
 End.
Interim Final Rule Effective........   05/03/02  .......................
Notice of Intent To Prepare an EIS..   08/26/03  68 FR 51322
EIS Public Scoping Meetings.........   10/08/03  68 FR 58162
Next Action Undetermined............             .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dolores Macias, Acting Division Chief, Department 
of Transportation, Federal Motor Carrier Safety Administration, 1200 
New Jersey Avenue SE, Washington, DC 20590, Phone: 202 366-2995, Email: 
[email protected].
    RIN: 2126-AA35

DEPARTMENT OF TRANSPORTATION (DOT)

Saint Lawrence Seaway Development Corporation (SLSDC)

Final Rule Stage

306.  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 (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 Action........................   11/00/20  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Carrie Lynn Lavigne, Chief Counsel, Department of 
Transportation, Saint Lawrence Seaway Development Corporation, 180 
Andrews Street, Massena, NY 13662, Phone: 315 764-3231, Email: 
[email protected].
    RIN: 2135-AA49

307.  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 Action........................   11/00/20  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Carrie Lynn Lavigne, Chief Counsel, Department of 
Transportation, Saint Lawrence Seaway

[[Page 16943]]

Development Corporation, 180 Andrews Street, Massena, NY 13662, Phone: 
315 764-3231, Email: [email protected].
    RIN: 2135-AA50

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Final Rule Stage

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

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

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/06/20  85 FR 7162
NPRM Comment Period End.............   04/06/20  .......................
Final Rule..........................   04/00/21  .......................
------------------------------------------------------------------------

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

309. +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) 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 
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.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/06/19  84 FR 8006
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.
NPRM Comment Period End.............   05/06/20  .......................
Final Rule..........................   07/00/21  .......................
------------------------------------------------------------------------

    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: [email protected].
    RIN: 2137-AF20

[FR Doc. 2021-05416 Filed 3-30-21; 8:45 am]
BILLING CODE 4910-13-P; 4910-EX-P; 4910-61-P; 4910-60-P