[Federal Register Volume 87, Number 20 (Monday, January 31, 2022)]
[Proposed Rules]
[Pages 5256-5275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27948]



[[Page 5255]]

Vol. 87

Monday,

No. 20

January 31, 2022

Part XII





 Department of Transportation





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Semiannual Regulatory Agenda

  Federal Register / Vol. 87 , No. 20 / Monday, January 31, 2022 / UA: 
Reg Flex Agenda  

[[Page 5256]]


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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 Agenda is a semiannual summary of all current 
and projected rulemakings, reviews of existing regulations, and 
completed actions of the Department of Transportation. 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 participate more effectively 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 Daniel Cohen, Assistant General Counsel for Regulation, 
Office of the 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 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) issues 
regulations to ensure that the United States transportation system is 
the safest in the world and address other urgent challenges facing the 
Nation, including the coronavirus disease 2019 (COVID-19) pandemic, job 
creation, equity, and climate change. These issues are addressed, in 
part, by encouraging innovation, thereby ensuring that the Department's 
regulations keep pace with the latest developments and reflect its top 
priorities.
    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), the Department prepares a semiannual Agenda. 
The Agenda 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 to begin during 
the next 12 months or for which action has been completed since the 
publication of the last Agenda in July 2021.
    The Department's actions are also governed by several recent 
executive orders issued by the President, which direct agencies to 
utilize all available regulatory tools to address current national 
challenges. On January 20, 2021, the President signed Executive Order 
13992, Revocation of Certain Executive Orders Concerning Federal 
Regulation. This Executive Order directs Federal agencies to promptly 
take steps to rescind any orders, rules, regulations, guidelines, or 
policies that would hamper the agencies' flexibility to use robust 
regulatory action to address national priorities. On January 20, the 
President also issued Executive Order 13990, Protecting Public Health 
and the Environment and Restoring Science To Tackle the Climate Crisis. 
This Executive Order directs Federal agencies to review all regulatory 
actions issued in the previous Administration and revise or rescind any 
of those actions that do not adequately respond to climate change, 
protect the environment, advance environmental justice, or improve 
public health. Section 2(a)(ii) of Executive Order 13990 specifically 
requires the Department of Transportation to review ``The Safer 
Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National 
Program,'' 84 FR 51310 (September 27, 2019) (SAFE I Rule) and ``The 
Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 
2021-2026 Passenger Cars and Light Trucks,'' 85 FR 24174 (April 30, 
2020) (SAFE II Rule).
    On July 9, 2021, the President signed Executive Order 14036, 
Promoting Competition in the American Economy. Among other things, this 
Executive Order requires the Department to enhance consumer access to 
airline flight information and ensure that consumers are not exposed or 
subject to advertising, marketing, pricing, and charging of ancillary 
fees that may constitute an unfair or deceptive practice or an unfair 
method of competition. This Executive Order also requires the 
Department to: (1) Publish a notice of proposed rulemaking (NPRM) 
requiring airlines to refund baggage fees when a passenger's luggage is 
substantially delayed and other ancillary fees when passengers pay for 
a service that is not provided; and (2) consider initiating a 
rulemaking to ensure that consumers have ancillary fee information, 
including ``baggage fees,'' ``change fees,'' and ``cancellation fees,'' 
at the time of ticket purchase.
    On August 5, 2021, the President signed Executive Order 14037, 
Strengthening American Leadership in Clean Cars and Trucks. This 
Executive Order requires that the Department consider beginning work on 
a rulemaking to establish new fuel economy standards for passenger cars 
and light-duty trucks beginning with model year 2027 and extending 
through and including at least model year 2030. This Executive Order 
also requires the Department to consider beginning work on a rulemaking 
to establish new fuel efficiency standards for heavy-duty pickup trucks 
and vans beginning with model year 2028 and extending through and 
including at least model year 2030. Finally, this Executive Order 
requires the Department to consider beginning work on a rulemaking to 
establish new fuel efficiency standards for medium- and heavy-duty 
engines and vehicles to begin as soon as model year 2030.
    In response to Executive Order 13992, in April 2021, the Department 
issued a final rule revising the regulations governing its regulatory 
process to ensure that it has the maximum flexibility necessary to 
quickly respond to the urgent challenges facing our Nation. Following 
implementation of the final rule, in June 2021, the

[[Page 5257]]

Secretary of Transportation signed a Departmental Order strengthening 
the Department's internal rulemaking procedures and revitalizing the 
partnership between Operating Administrations and the Office of the 
Secretary in promulgating regulations to better achieve the 
Department's goals and priorities. As part of this critical overhaul, a 
Regulatory Leadership Group was established, led by the Deputy 
Secretary of Transportation, which provides vital legal and policy 
guidance on the Department's regulatory agenda.
    In response to Executive Order 13990, in May 2021, the Department 
issued a notice of proposed rulemaking (NPRM) proposing to repeal the 
SAFE I Rule and associated guidance documents. In August 2021, the 
Department issued a Supplemental Notice of Proposed Rulemaking inviting 
comments on the appropriate path forward regarding civil penalties 
imposed for violations of DOT's vehicle emissions rules. Finally, in 
September 2021, the Department issued an NPRM proposing more stringent 
vehicle emission limits than those set by the SAFE II Rule.
    In response to Executive Orders 14036 and 14037, the Department is 
considering the following rulemakings: (1) Refunding Fees for Delayed 
Checked Bags and Ancillary Services That Are Not Provided; (2) Airline 
Ticket Refunds; (3) Amendments to Department's Procedures in Regulating 
Unfair and Deceptive Practices; and (4) fuel economy standards for 
passenger cars, light-duty trucks, heavy-duty pickup trucks, and vans.
    The Department is also providing rapid response to, and emergency 
review of legal and operational challenges presented by COVID-19 within 
the transportation network. Since the beginning of this Administration, 
our efforts have focused on ensuring compliance with the mask 
requirements issued by the Centers for Disease Control and Prevention 
and the Transportation Security Administration. These requirements help 
reduce the spread of the COVID-19 disease within the transportation 
sector and among the traveling public. DOT is also addressing 
regulatory compliance made impracticable by the COVID-19 public health 
emergency due to office closures, personnel shortages, and other 
restrictions.
    In addition to the pressing national concerns discussed above, the 
Department's regulatory activities are directed toward the fundamental 
priority of protecting public safety. Safety is our North Star; the 
Department remains focused on managing safety risks and ensuring that 
the United States has the safest transportation system in the world. 
Our planned regulatory actions reflect a careful balance that 
emphasizes the Department's robust response to the challenges facing 
our Nation while at the same time maintaining a safe, reliable, and 
sustainable transportation system that boosts our economic productivity 
and global competitiveness and enhances the quality of life for all 
Americans.

Explanation of Information in the Agenda

    An Office of Management and Budget memorandum, dated August 16, 
2021, establishes the format for this Agenda.
    First, the Agenda is divided by initiating office. Then, the Agenda 
is divided into five categories: (1) Prerule stage; (2) proposed rule 
stage; (3) final rule stage; (4) long-term actions; and (5) completed 
actions. For each entry, the Agenda provides the following information: 
(1) Its ``significance''; (2) a short, descriptive title; (3) its legal 
basis; (4) the related regulatory citation in the Code of Federal 
Regulations; (5) any legal deadline and, if so, for what action (e.g., 
NPRM, final rule); (6) an abstract; (7) a timetable, including the 
earliest expected date for when a rulemaking document may publish; (8) 
whether the rulemaking will affect small entities and/or levels of 
Government and, if so, which categories; (9) whether a Regulatory 
Flexibility Act (RFA) analysis is required (for rules that would have a 
significant economic impact on a substantial number of small entities); 
(10) a listing of any analyses an office will prepare or has prepared 
for the action (with minor exceptions, DOT requires an economic 
analysis for all its rulemakings); (11) an agency contact office or 
official who can provide further information; (12) a Regulation 
Identifier Number (RIN) assigned to identify an individual rulemaking 
in the Agenda and facilitate tracing further action on the issue; (13) 
whether the action is subject to the Unfunded Mandates Reform Act; (14) 
whether the action is subject to the Energy Act; and (15) whether the 
action is major under the congressional review provisions of the Small 
Business Regulatory Enforcement Fairness Act.
    To keep the operational requirements, current 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), 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 
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 decided 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. However, a 
portion of the Agenda is published in the Federal Register 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.

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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.

Regulatory Flexibility Act

    The Department is 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 
a 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 about any specific item on the Agenda. Regulatory 
action, in addition to the items listed, is not precluded.

    Dated: September 13, 2021.
Peter Paul Montgomery Buttigieg,
Secretary of Transportation.

Appendix A--Instructions for Obtaining Copies of Regulatory Documents

    To obtain a copy of a specific regulatory document in the 
Agenda, you should communicate directly with the contact person 
listed with the regulation at the address below. We note that most, 
if not all, such documents, including the Semiannual Regulatory 
Agenda, are available through the internet at http://www.regulations.gov. See appendix C for more information.

Appendix B--General Rulemaking Contact Persons

    The following is a list of persons who can be contacted within 
the Department for general information concerning the rulemaking 
process within the various operating administrations.
    FAA--Timothy R. Adams, 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.
    GLS--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--Daniel Cohen, 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 section 610 of the Regulatory Flexibility 
Act, Executive Order 12866, ``Regulatory Planning and Review,'' and 
Executive Order 13563, ``Improving Regulation and Regulatory 
Review,'' 76 FR 3821 (January 18, 2011) to conduct such reviews. 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, 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.

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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 each 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.

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 10 (Fall 2018) List of Rules Analyzed and Summary of Results
49 CFR part 30--Denial of Public Works Contracts to Suppliers of Goods 
and Services of Countries that Deny Procurement Market Access to U.S. 
Contractors

     Section 610: OST conducted a Section 610 review of this 
part and found no SEISNOSE.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden. OST's plain language review of 
these rules indicates no need for substantial revision.

49 CFR part 31--Program Fraud Civil Remedies

     Section 610: OST conducted a Section 610 review of this 
part and found no SEISNOSE.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden. OST's plain language review of 
these rules indicates no need for substantial revision.

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

     The U.S. Department of Transportation (DOT) Office of the 
Secretary (OST), with the assistance of its Operating Administrations, 
including the Federal Transit Administration (FTA), is in the process 
of issuing multiple rulemakings that call for changes to the regulatory 
language in 49 CFR part 37. Specifically, OST is administering a 
rulemaking titled: ``Transportation for Individuals with Disabilities; 
Service Animals and Technical Corrections'' (RIN 2105-AF08) which would 
propose changes to the definition of ``service animal'' in 49 CFR part 
37.3, and several other technical corrections to outdated provisions, 
such as that referencing a make and model of a lift that has been out 
of production for three decades (49 CFR part 37.165(g)). In addition, 
OST is developing a rulemaking titled ``Equitable Access to Transit 
Facilities'' (RIN 2105-AF07) in which DOT would consider requirements 
for secondary elevators, induction loops, and improvements in 
wayfinding in transit stations. In conjunction with these pending 
rulemakings, DOT will need to conduct a section 610 review of this 
part, and, if appropriate, initiate additional rulemaking(s) to 
minimize the SEISNOSE, bring the regulation into compliance with 
statutory requirements,

[[Page 5260]]

and/or revise the regulation for plain language.

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

     The U.S. Department of Transportation (DOT) Office of the 
Secretary (OST), with the assistance of its Operating Administrations, 
including the Federal Transit Administration (FTA), is in the process 
of issuing a rulemaking that calls for changes to the regulatory 
language in 49 CFR part 38. Specifically, OST is developing a 
rulemaking titled: ``Transportation for Individuals with Disabilities; 
Adoption of Accessibility Standards for Buses and Vans'' (RIN 2105-
AF09) in order to consider new standards for accessible buses and vans 
based on updated accessibility guidelines issued by the U.S. Access 
Board (USAB) on December 14, 2016. In conjunction with this pending 
rulemaking, OST will need to conduct a Section 610 review of this part, 
and, if appropriate, initiate additional rulemaking(s) to minimize the 
SEISNOSE, bring the regulation into compliance with statutory 
requirements, and/or revise the regulation for plain language.

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

     Section 610: The U.S. Department of Transportation (DOT) 
Office of the Secretary (OST) conducted a Section 610 review of this 
part and found SEISNOSE. The regulation requires owners and operators 
of passenger vessels to (1) ensure their vessels and related facilities 
are accessible; and (2) take steps to accommodate passengers with 
disabilities. These requirements can entail significant investments 
from owners and operators of passenger vessels, many of whom qualify as 
small businesses as defined by the U.S. Small Business Administration. 
OST plans to explore whether it is appropriate to initiate a rulemaking 
to revise this regulation to minimize the SEISNOSE.
     General: The definition of ``service animal'' contained in 
49 CFR 39.3 is inconsistent with the amendments made by the Department 
of Justice (DOJ) on July 23, 2010, (see 28 CFR 35.104 and 35.136), as 
well as the definition under DOT's Air Carrier Access Act regulations 
(see 14 CFR 382.3), as amended on December 10, 2020. The current 
requirement under 49 CFR 39.3 defines service animals as ``any guide 
dog, signal dog, or other animal individually trained to work or 
perform tasks for an individual with a disability.'' DOJ defines a 
service animal in terms of ``any dog that is individually trained to do 
work or perform tasks for the benefit of an individual with a 
disability, including a physical, sensory, psychiatric, intellectual, 
or other mental disability'' (see 28 CFR 35.104) (emphasis added). And 
under 28 CFR 35.136(i), reasonable modifications in policy and 
practices must be made where necessary to accommodate miniature horses 
as service animals. As such, failure to update this regulation will 
leave the passenger vessel industry subject to accommodating unusual 
service animals, such as reptiles and primates. On the other hand, 
updating the definition of ``service animal'' under 49 CFR 39.3 will 
ensure consistency across Federal regulations, which is essential to 
removing the confusion that results for individuals with service 
animals when different standards apply to different public facilities 
and modes of transportation. OST has already recognized the need to 
update the ``service animal'' definition contained in 49 CFR 37.3 for 
the aforementioned reasons and is in the process of developing a 
rulemaking titled: ``Transportation for Individuals with Disabilities; 
Service Animals and Technical Corrections'' (RIN 2105-AF08) in order to 
make the necessary change.
    In addition, 49 CFR 39.31 addresses the ability of passenger vessel 
owners or operators to limit access to or use of their vessels because 
a passenger has a communicable disease. The regulation permits owners 
or operators to limit access or use where: (1) A U.S. or international 
public health authority has determined that persons with a particular 
condition should not be permitted to travel or should travel only under 
specified conditions; or (2) an individual has a condition that is both 
readily transmissible by casual contact in the context of traveling on 
or using a passenger vessel and has serious health consequences. The 
regulation provides examples of conditions that passengers may have 
(e.g., a common cold, HIV/AIDS, SARS, or a norovirus) and the 
appropriate actions (if any) that passenger vessel owners or operators 
may take in response. However, the regulation does not address how 
passenger vessel owners or operators should handle passengers with the 
novel Coronavirus Disease 2019 (COVID-19). Given the ubiquity of the 
virus and its likely presence and impact in the future, the regulation 
should be revised to expressly address COVID-19 in the example section.
    As a result, OST will need to conduct a rulemaking to bring this 
regulation into compliance with the statutory requirements and to bring 
consistency to the regulatory regime governing different modes of 
transportation. OST's plain language review of this regulation 
indicates no need for substantial revision.
    It is also worth noting that the U.S. Access Board (USAB) is in the 
process of developing guidelines under the Americans with Disabilities 
Act (ADA) for access to ferries, cruise ships, excursion boats, and 
other large passenger vessels. Those guidelines have not been finalized 
yet, however, and OST proposes incorporating only final guidelines into 
DOT's regulations.

49 CFR part 71--Standard Time Zone Boundaries

     Section 610: OST has reviewed these regulations and found 
no SEISNOSE.
     General: OST has reviewed these regulations and found that 
some nonsubstantive technical corrections are needed. OST is exploring 
initiating a rulemaking to make these corrections.

49 CFR part 79--Medals of Honor

     Section 610: The U.S. Department of Transportation (DOT) 
Office of the Secretary (OST) conducted a Section 610 review of this 
part and found no SEISNOSE.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden. OST's plain language review of 
these rules indicates no need for substantial revision.
Year 1 (Fall 2018) List of Rules That Are Under Ongoing Analysis
     Section 610: OST conducted a Section 610 review of this 
part and found no SEISNOSE.
     General: Since the rule was enacted, the DOT Operating 
Administrations have changed. As a result, the agencies listed at 49 
CFR 92.5(g)--Definitions should be revised to:
    (g) DOT operating element (see 49 CFR 1.3) means a DOT Operating 
Administration including--
    (1) The Office of the Secretary.
    (2) Federal Aviation Administration.
    (3) Federal Highway Administration.
    (4) Federal Railroad Administration.
    (5) National Highway Traffic Safety Administration.
    (6) Office of the Inspector General.
    (7) St. Lawrence Seaway Development Corporation.
    (8) Maritime Administration.
    OST will be conducting a rulemaking to make these revisions. These 
regulations are cost effective and impose the least burden. OST's plain 
language review of these rules indicates no need for substantial 
revision.


[[Page 5261]]


49 CFR part 93--Aircraft Allocation
49 CFR part 98--Enforcement of Restrictions on Post-Employment 
Activities

     Section 610: OST conducted a Section 610 review of this 
part and found no SEISNOSE.
     General: Since the rule was enacted, the U.S. Department 
of Transportation's organizational structure changed, and as a result 
the list of DOT Operating Administrations (OAs) listed in 49 CFR 98.2 
must be updated to reflect the current listing of DOT OAs. The 
following changes are needed in 49 CFR 89.2(a): (1) References to the 
U.S. Coast Guard (at 49 CFR 98.2(a)(1)), Urban Mass Transportation 
Administration (at 49 CFR 98.2(a)(6), and Research and Special Programs 
Administration (at 49 CFR 98.2(a)(8) should be deleted; (2) reference 
to the Saint Lawrence Seaway Development Corporation at 49 CFR 
98.2(a)(7) should be changed to the Great Lakes Saint Lawrence Seaway 
Development Corporation; and (3) references to the Federal Motor 
Carrier Safety Administration, Federal Transit Administration, and 
Pipeline and Hazardous Materials Safety Administration should be added. 
In addition, since the rule was enacted, the title of the Assistant 
General Counsel for Environmental, Civil Rights, and General Law has 
been updated to the Assistant General Counsel for General Law, so the 
following changes are needed in 49 CFR 98.3 and 98.4: References to the 
Assistant General Counsel for Environmental, Civil Rights, and General 
Law should be updated to the Assistant General Counsel for General Law. 
OST's plain language review of these rules indicates no need for 
substantial revision.

49 CFR part 99--Employee Responsibilities and Conduct

     Section 610: OST conducted a Section 610 review of this 
part and found no SEISNOSE.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden. OST's plain language review of 
these rules indicates no need for substantial revision.

14 CFR part 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 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 1219--Small Business Programs
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).
Year 3 (Fall 2020) List of Rules Analyzed and Summary of Results
14 CFR parts 213 through 232
14 CFR 213--Terms, Conditions and Limitations of Foreign Air Carrier 
Permits

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

14 CFR 214--Terms, Conditions, and Limitations for Foreign Air Carrier 
Permits Authorizing Charter Transportation Only

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

14 CFR 215--Use and Change of Names of Air Carriers, Foreign Air 
Carriers and Commuter Air Carriers

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

14 CFR 216--Commingling of Blind Sector Traffic by Foreign Air Carriers

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

14 CFR 218--Lease by Foreign Air Carrier or Other Foreign Person of 
Aircraft with Crew

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

14 CFR 221--TARIFFS

     Section 610: OST conducted a Section 610 review of this 
part and found no SEISNOSE.

[[Page 5262]]

     General: OST reviewed and has found that a non-substantive 
technical correction is necessary and will explore options to make this 
correction.

14 CFR 222--Intermodal Cargo Services by Foreign Air Carriers

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

14 CFR 223--Free and Reduced-Rate Transportation

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

Federal Aviation Administration

Section 610 and Other Reviews

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

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  14 CFR parts 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 (Fall 2021) List of Rules Analyzed
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 (Fall 2020) List of Rules Analyzed and Summary of Results
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


[[Page 5263]]


     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

------------------------------------------------------------------------
                         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 3 (Fall 2020) List of Rules Analyzed and a Summary of the Results
23 CFR part 420--Planning and research program administration

     Section 610: No SEISNOSE. No small entities are affected.
     General: No changes are needed for purposes of the 
Regulatory Flexibility Act. FHWA's plain language review of the 
regulations indicates no need for substantial revision.

23 CFR part 450--Planning assistance and standards

     Section 610: No SEISNOSE. No small entities are affected.
     General: No changes are needed for purposes of the 
Regulatory Flexibility Act. FHWA is proposing to revise aspects of the 
Part 450 regulations under RIN 2125-AF98 and RIN 2125-AG09. FHWA's 
plain language review of the regulations indicates no need for 
substantial revision.

23 CFR part 460--Public road mileage for apportionment of highway 
safety funds

     Section 610: No SEISNOSE. No small entities are affected.
     General: No changes are needed for purposes of the 
Regulatory Flexibility Act. FHWA's plain language review of the 
regulations indicates no need for substantial revision.

23 CFR part 470--Highway systems

     Section 610: No SEISNOSE. No small entities are affected.
     General: No changes are needed for purposes of the 
Regulatory Flexibility Act. FHWA's plain language review of the 
regulations indicates no need for substantial revision.
Year 4 (Fall 2021) List of Rules That Will Be Analyzed During the Next 
Year
23 CFR part 500--Management and Monitoring 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
8.....................  49 CFR part 375.            2025            2026
9.....................  49 CFR part 367.            2026            2027
10....................  49 CFR part 395.            2027            2028
------------------------------------------------------------------------


[[Page 5264]]

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 
SEISNOSE. 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 
SEISNOSE. 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 With Ongoing Analysis
49 CFR part 382--Controlled Substances and Alcohol Use and Testing

     Section 610: FMCSA analyzed 49 CFR part 382 but found no 
SEIOSNOSE. 49 CFR part 382 requires carriers to establish a drug and 
alcohol program. Primary costs are fees to participate in a drug and 
alcohol consortium that facilitates drug and alcohol testing. Ancillary 
costs include a loss of productivity due to employees taking time away 
from their primary responsibilities to take periodic drug and alcohol 
tests and receive education on controlled substances. The rule also 
drives modest record keeping and drug and alcohol clearing house access 
costs.
     General: There is no need for substantial revision. These 
regulations provide necessary/clear guidance to industry employers and 
drivers. The regulations are written consistent with plain language 
guidelines, are cost effective, and impose the least economic burden to 
the industry.

49 CFR part 383--Commercial Driver's License Standards; Requirements 
and Penalties

     Section 610: FMCSA analyzed 49 CFR part 383 and found no 
SEISNOSE. 49 CFR part 383 establishes minimum standards for employers 
to comply with regulations that ensure drivers are qualified to operate 
a commercial motor vehicle (CMV) and retain only one CMV license. The 
rule also communicates the circumstances that disqualify a CMV driver. 
The rule presents minimal costs to small carriers. Most of these costs 
are beyond the Agency's discretion as they are predominately mandated 
by statute and represent sound business practices in support of driver 
safety.
     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 carriers.
Year 3 (2021) List of Rules That Will Be Analyzed During the Next Year
49 CFR part 380--Special Training Requirements

National Highway Traffic Safety Administration

Section 610 and Other Reviews

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  49 CFR 571.223              2018            2019
                         through
                         571.500, and
                         parts 575 and
                         579.
2.....................  23 CFR part 1300            2019            2020
3.....................  49 CFR parts 501            2020            2021
                         through 526 and
                         571.213.
4.....................  49 CFR 571.131,             2021            2022
                         571.217,
                         571.220,
                         571.221, and
                         571.222.
5.....................  49 CFR 571.101              2022            2023
                         through
                         571.110, and
                         571.135,
                         571.136,
                         571.138 and
                         571.139.
6.....................  49 CFR 571.141,             2023            2024
                         and 49 CFR
                         parts 529
                         through 578,
                         except parts
                         571 and 575.
7.....................  49 CFR 571.111              2024            2025
                         through 571.129
                         and parts 580
                         through 588.
8.....................  49 CFR 571.201              2025            2026
                         through 571.212.
9.....................  49 CFR 571.214              2026            2027
                         through
                         571.219, except
                         571.217.
10....................  49 CFR parts 591            2027            2028
                         through 595 and
                         new parts and
                         subparts.
------------------------------------------------------------------------

Years 1 Through 3 (Fall 2019-2021) List of Rules With Ongoing Analysis
49 CFR part 571.213--Child Restraint Systems
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 501--Organization and Delegation of Powers and Duties
49 CFR part 509--OMB Control Numbers for Information Collection 
Requirements
49 CFR part 510--Information Gathering Powers
49 CFR part 511--Adjudicative Procedures
49 CFR part 512--Confidential Business Information
49 CFR part 520--Procedures for Considering Environmental Impacts
49 CFR part 523--Vehicle Classification
49 CFR part 525--Exemptions from Average Fuel Economy Standards

[[Page 5265]]

49 CFR part 526--Petitions and Plans for Relief under the Automobile 
Fuel Efficiency Act of 1980
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
Year 4 (Fall 2022) List of Rules That Will Be Analyzed During Next Year
49 CFR part 571.131--School Bus Pedestrian Safety Devices
49 CFR part 571.217--Bus Emergency Exits and Window Retention and 
Release
49 CFR part 571.220--School Bus Rollover Protection
49 CFR part 571.221--School Bus Body Joint Strength
49 CFR part 571.222--School Bus Passenger Seating and Crash Protection

Federal Railroad Administration

Section 610 and Other Reviews

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  49 CFR parts                2018            2019
                         200, 207, 209,
                         and 210.
2.....................  49 CFR parts                2019            2020
                         211, 212, 213,
                         214, and 215.
3.....................  49 CFR parts                2020            2021
                         216, 217, 218,
                         219, and 220.
4.....................  49 CFR parts                2021            2022
                         221, 222, 223,
                         224, and 225.
5.....................  49 CFR parts                2022            2023
                         227, 228, 229,
                         230, and 231.
6.....................  49 CFR parts                2023            2024
                         232, 233, 234,
                         235, and 236.
7.....................  49 CFR parts                2024            2025
                         237, 238, 249,
                         240, and 241.
8.....................  49 CFR parts                2025            2026
                         242, 243, 244,
                         250, and 256.
9.....................  49 CFR parts                2026            2027
                         261, 262, 264,
                         266, and 268.
10....................  49 CFR parts                2027            2028
                         269, 270, and
                         272.
------------------------------------------------------------------------

Year 3 (Fall 2020) List of Rules Analyzed and a Summary of Results
49 CFR part 216--Special Notice and Emergency Order Procedures: 
Railroad Track, Locomotive and Equipment

     Section 610: There is no SEISNOSE.
     General: Part 216 provides safety and security for 
railroad employees and the public through special notices for repairs 
of railroad freight car, locomotive, passenger equipment, and track 
class, as well as for the issuance and review of emergency orders for 
removing dangerously substandard track from service. FRA's plain 
language review of this rule indicates no need for substantial 
revision.

49 CFR part 217--Railroad Operating Rules

     Section 610: There is no SEISNOSE.
    [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 218--Railroad Operating Practices

    [ssquf] Section 610: There is no SEIOSNOSE.
    [ssquf] General: The rule prescribes minimum requirements for 
railroad operating rules and practices. No changes are needed. FRA's 
plain language review of this rule indicates no need for substantial 
revision.

49 CFR part 219--Control of Alcohol and Drug Use

    [ssquf] Section 610: There is no SEISNOSE.
    [ssquf] General: No changes are needed. This rule is cost effective 
and imposes the least burden. FRA's plain language review of this rule 
indicates no need for substantial revision.

49 CFR part 220--Railroad Communications

    [ssquf] Section 610: This rule has significant economic impacts on 
a substantial number of small entities. However, the actual burden on 
most of these railroads varies because of their different operating 
characteristics. Entities that are not subject to this rule include 
railroads that do not operate on the general railroad system of 
transportation. The communication requirements of this rule have been 
designed to minimize the impact on small railroads. For instance, while 
large railroads are required to have a working radio and wireless 
communication redundancy in every train, small railroads are only 
required to comply with this standard for trains used to transport 
passengers. 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. FRA's plain language review of 
this rule indicates no need for substantial revision.
    [ssquf] General: The rule prescribes minimum requirements governing 
the use of wireless communications in connection with railroad 
operations. Uniform standard communications procedures and requirements 
throughout the railroad industry are necessary to ensure the protection 
and safety of railroad employees and the public, and to minimize 
potential casualties.
Year 4 (Fall 2021) List of Rules(s) That Will Be Analyzed During This 
Year
49 CFR part 221--Rear End Marking Device--Passenger, Commuter and 
Freight Trains
49 CFR part 222--Use of Locomotive Horns at Public Highway-Rail Grade 
Crossings
49 CFR part 223--Safety Glazing Standards--Locomotives, Passenger Cars 
and Cabooses
49 CFR part 224--Reflectorization of Rail Freight Rolling Stock
49 CFR part 225--Rail Accidents/Incidents: Reports Classification, and 
Investigations

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

[[Page 5266]]

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 3 (2020) List of Rules Analyzed and Summary of Results
49 CFR part 633--Project Management Oversight

     Section 610: FTA conducted a Section 610 review of 49 CFR 
part 633 and determined that it would not result in a SEISNOSE within 
the meaning of the RFA. The regulation implements statutorily required 
procedures for project management oversight of major capital public 
transportation projects.
     General: No changes are needed. FTA amended the Project 
Management Oversight regulation in 2020 (85 FR 59672) to make it 
consistent with statutory changes and to modify the scope and 
applicability of project management oversight. FTA estimated the costs 
and projected benefits of the rule and determined that it would result 
in an overall burden reduction by reducing recipients' labor hours for 
oversight procedures.
Year 4 (2021) List of Rules To Be Analyzed This Year
49 CFR part 611--Major Capital Investment Projects

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

[[Page 5267]]

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 the Year
46 CFR part 249--Approval of Underwriters for Marine Hull Insurance
46 CFR part 272--Requirements and Procedures for Conducting Condition 
Surveys and 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 3 (Fall 2021) List of Rules Analyzed and a Summary of Results
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

     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 revised to 
reflect new technologies and updated to reflect current practices. 
Therefore, PHMSA has initiated rulemakings to revise portions of parts 
172 and 175. Otherwise, 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 by way of rulemakings.
    As an example, the ``Hazardous Materials: Advancing Safety of Modal 
Specific Provisions'' (2137-AF41) rulemaking action is part of PHMSA's 
response to clarify current regulatory requirements and address public 
comments. 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 amendments are 
expected to result in an overall net cost savings and ease the 
regulatory compliance burden for small entities, 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.
    For a second example, the ``Hazardous Materials: Harmonization With 
International Standards'' (2137-AF46) rulemaking action is part of 
PHMSA's ongoing biennial process to harmonize the Hazardous Materials 
Regulations (HMR) with international regulations and standards. Federal 
law and policy strongly favor the harmonization of domestic and 
international standards for hazardous materials transportation. The 
Federal hazardous materials transportation law (Federal hazmat law; 49 
U.S.C. 5101 et

[[Page 5268]]

seq.) directs PHMSA to participate in relevant international standard-
setting bodies and promotes consistency of the HMR with international 
transport standards to the extent practicable. Federal hazardous 
materials law permits PHMSA to depart from international standards 
where appropriate, including to promote safety or other overriding 
public interests. However, Federal hazardous materials law otherwise 
encourages domestic and international harmonization (see 49 U.S.C. 
5120). Harmonization facilitates international trade by minimizing the 
costs and other burdens of complying with multiple or inconsistent 
safety requirements for transportation of hazardous materials. Safety 
is enhanced by creating a uniform framework for compliance, and as the 
volume of hazardous materials transported in international commerce 
continues to grow, harmonization becomes increasingly important. The 
impact that the 2137-AF46 rulemaking will have on small entities is not 
expected to be significant. The rulemaking will clarify provisions 
based on PHMSA's initiatives and correspondence with the regulated 
community and domestic and international stakeholders, which helps 
promote safety through increased regulatory compliance. The changes are 
generally intended to provide relief and, as a result, positive 
economic benefits to shippers, carriers, and packaging manufacturers 
and testers, including small entities. This rulemaking is expected to 
lead to both economic and safety benefits. The amendments are expected 
to result in net benefits for shippers engaged in domestic and 
international commerce, including trans-border shipments within North 
America. Additionally, the effective changes of this rulemaking will 
relieve U.S. companies, including small entities competing in foreign 
markets, from the burden of complying with a dual system of 
regulations. This rulemaking is a second example of PHMSA's review of 
rulemakings which helps ensure that the HMR do not have a significant 
economic impact on a substantial number of small entities.
Year 4 (Fall 2022) List of Rules That Will Be Analyzed During the Next 
Year
49 CFR part 171--Sections 171.15 and 171.16--Incident Reporting

Great Lakes Saint Lawrence Seaway Development Corporation

Section 610 and Other Reviews

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

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

              Office of the Secretary--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
337.......................  + Enhancing Transparency           2105-AF10
                             of Airline Ancillary
                             Service Fees (Reg Plan
                             Seq No. 131).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


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


          Federal Aviation Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
339.......................  + Drug and Alcohol Testing         2120-AK09
                             of Certain Maintenance
                             Provider Employees
                             Located Outside of the
                             United States.
------------------------------------------------------------------------
+ DOT-designated significant regulation.


            Federal Aviation Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
340.......................  + Airport Safety                   2120-AJ38
                             Management System.
341.......................  + Registration and Marking         2120-AK82
                             Requirements for Small
                             Unmanned Aircraft (Reg
                             Plan Seq No. 132).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


[[Page 5269]]


           Federal Aviation Administration--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
342.......................  + Regulation Of Flight             2120-AJ78
                             Operations Conducted By
                             Alaska Guide Pilots.
343.......................  + Applying the Flight,             2120-AK26
                             Duty, and Rest
                             Requirements to Ferry
                             Flights that Follow
                             Commuter or On-Demand
                             Operations (FAA
                             Reauthorization).
344.......................  + Aircraft Registration            2120-AK37
                             and Airmen Certification
                             Fees.
345.......................  + Helicopter Air Ambulance         2120-AK57
                             Pilot Training and
                             Operational Requirements
                             (HAA II) (FAA
                             Reauthorization).
346.......................  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--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
347.......................  + Pilot Records Database           2120-AK31
                             (HR 5900).
------------------------------------------------------------------------
+ DOT-designated significant regulation.


           Federal Highway Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
348.......................  Incorporating Safety Into          2125-AG08
                             Federal-aid Programs and
                             Projects (Section 610
                             Review).
------------------------------------------------------------------------


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


     Federal Motor Carrier Safety Administration--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
350.......................  Controlled Substances and          2126-AC11
                             Alcohol Testing: State
                             Driver's Licensing Agency
                             Downgrade of Commercial
                             Driver's License
                             (Completion of a Section
                             610 Review).
------------------------------------------------------------------------


          Federal Railroad Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
351.......................  + Train Crew Staffing (Reg         2130-AC88
                             Plan Seq No. 139).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


   Saint Lawrence Seaway Development Corporation--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
352.......................  Seaway Regulations and             2135-AA51
                             Rules: Periodic Update,
                             Various Categories
                             (Rulemaking Resulting
                             From a Section 610
                             Review).
353.......................  Tariff of Tolls                    2135-AA52
                             (Rulemaking Resulting
                             From a Section 610
                             Review).
------------------------------------------------------------------------


  Pipeline and Hazardous Materials Safety Administration--Proposed Rule
                                  Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
354.......................  + Pipeline Safety: Gas             2137-AF51
                             Pipeline Leak Detection
                             and Repair.

[[Page 5270]]

 
355.......................  + Pipeline Safety: Safety          2137-AF53
                             of Gas Distribution
                             Pipelines.
------------------------------------------------------------------------
+ DOT-designated significant regulation.


Pipeline and Hazardous Materials Safety Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
356.......................  + Pipeline Safety:                 2137-AF06
                             Amendments to Parts 192
                             and 195 to require Valve
                             installation and Minimum
                             Rupture Detection
                             Standards.
357.......................  + Hazardous Materials:             2137-AF20
                             Enhanced Safety
                             Provisions for Lithium
                             Batteries Transported by
                             Aircraft (FAA
                             Reauthorization Act of
                             2018).
------------------------------------------------------------------------
+ DOT-designated significant regulation.


    Pipeline and Hazardous Materials Safety Administration--Long-Term
                                 Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
358.......................  + Pipeline Safety:                 2137-AF52
                             Pipeline Operational
                             Status.
------------------------------------------------------------------------
+ DOT-designated significant regulation.

DEPARTMENT OF TRANSPORTATION (DOT)

Office of the Secretary (OST)

Proposed Rule Stage

337.  +Enhancing Transparency of Airline Ancillary Service Fees

    Regulatory Plan: This entry is Seq. No. 131 in part II of this 
issue of the Federal Register.
    RIN: 2105-AF10

DEPARTMENT OF TRANSPORTATION (DOT)

Office of the Secretary (OST)

Long-Term Actions

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

    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: 202 366-9342, Fax: 202 366-
7153, Email: [email protected].
    RIN: 2105-AE57

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Proposed Rule Stage

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

    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................................   07/00/22
------------------------------------------------------------------------

    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


[[Page 5271]]



DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Final Rule Stage

340. +Airport Safety Management System

    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
Analyzing Comments..................   12/00/21
Final Rule..........................   01/00/22
------------------------------------------------------------------------

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

341. +Registration and Marking Requirements for Small Unmanned Aircraft

    Regulatory Plan: This entry is Seq. No. 132 in part II of this 
issue of the Federal Register.
    RIN: 2120-AK82

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Long-Term Actions

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

    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. L. 106-181).
    Timetable: Next Action Undetermined.
    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Jeff Smith, Department of Transportation, Federal 
Aviation Administration, 800 Independence Avenue SW, Washington, DC 
20785, Phone: 202 365-3617, Email:[email protected].
    RIN: 2120-AJ78

343. +Applying the Flight, Duty, and Rest Requirements to Ferry Flights 
That Follow Commuter or On-Demand Operations (FAA Reauthorization)

    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...............................   11/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Chester Piolunek, Department of Transportation, 
Federal Aviation Administration, 800 Independence Avenue SW, 
Washington, DC 20591, Phone: 202 267-3711, Email: 
[email protected].
    RIN: 2120-AK26

344. +Aircraft Registration and Airmen Certification Fees

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

[[Page 5272]]

    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/22  .......................
------------------------------------------------------------------------

    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

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

    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

346. Requirements To File Notice of Construction of Meteorological 
Evaluation Towers and Other Renewable Energy Projects (Section 610 
Review)

    Legal Authority: 49 U.S.C. 40103
    Abstract: This rulemaking would add specific requirements for 
proponents who wish to construct meteorological evaluation towers at a 
height of 50 feet above ground level (AGL) up to 200 feet AGL to file 
notice of construction with the FAA. This rule also requires sponsors 
of wind turbines to provide certain specific data when filing notice of 
construction with the FAA. This rulemaking is a statutory mandate under 
section 2110 of the FAA Extension, Safety, and Security Act of 2016 
(Pub. L. 114-190).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/22  .......................
------------------------------------------------------------------------

    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)

Completed Actions

347. +Pilot Records Database (HR 5900)

    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, and used by potential employers prior to 
making hiring decisions. The FAA must maintain these records until it 
receives notice that a pilot is deceased.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/30/20  85 FR 17660
NPRM Comment Period End.............   06/29/20  .......................
NPRM Comment Period End.............   06/29/20  .......................
Final Rule..........................   06/10/21  86 FR 31006
Correction..........................   06/17/21  86 FR 32185
Final Rule Effective................   08/09/21  .......................
------------------------------------------------------------------------

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

BILLING CODE 4910-13-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Highway Administration (FHWA)

Proposed Rule Stage

348.  Incorporating Safety Into Federal-Aid Programs and 
Projects (Section 610 Review)

    Legal Authority: 23 U.S.C. 109
    Abstract: This rulemaking would establish new FHWA regulations to 
require safety integration across all Federal-aid highway programs and 
necessary mitigation on some or all Federal-aid highway projects. The 
new regulations would assist State agencies in making meaningful safety 
investments to save lives and reduce injuries on the Nation's highways.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Phillip Bobitz, Department of Transportation, 
Federal Highway Administration, 1200 New Jersey Avenue SE, Washington, 
DC 20590, Phone: 717-221-4574, Email: [email protected].
    RIN: 2125-AG08

BILLING CODE 4910-22-P


[[Page 5273]]



DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Long-Term Actions

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

    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.

------------------------------------------------------------------------
               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: Sarah Stella, Division Chief, Department of 
Transportation, Federal Motor Carrier Safety Administration, 1200 New 
Jersey Avenue SE, Washington, DC 20590, Phone: 202 493-0192, Email: 
[email protected].
    RIN: 2126-AA35

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Completed Actions

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

    Legal Authority: 49 U.S.C. 31136(a); 49 U.S.C. 31305(a)
    Abstract: FMCSA is amending its regulations to establish 
requirements for State Driver's Licensing Agencies (SDLAs) to access 
and use information obtained through the Drug and Alcohol Clearinghouse 
(DACH or Clearinghouse), an FMCSA-administered database containing 
driver-specific controlled substance (drug) and alcohol records. SDLAs 
must not issue, renew, upgrade, or transfer a commercial driver's 
license (CDL), or commercial learner's permit (CLP), as applicable, for 
any individual prohibited under FMCSA's regulations from performing 
safety-sensitive functions, including driving a commercial motor 
vehicle (CMV), due to one or more drug and alcohol program violations.
    Further, SDLAs must remove the CLP or CDL privilege from the 
driver's license of an individual subject to the CMV driving 
prohibition, which would result in a downgrade of the license until the 
driver complies with return-to-duty (RTD) requirements. This rule also 
requires States receiving Motor Carrier Safety Assistance Program 
(MCSAP) grant funds to adopt a compatible CMV driving prohibition 
applicable to CLP and CDL holders who violate FMCSA's drug and alcohol 
program requirements, and makes clarifying and conforming changes to 
current regulations. The final rule will help keep unsafe drivers off 
the road by increasing compliance with the CMV driving prohibition.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/28/20  85 FR 23670
Final Rule..........................   10/07/21  86 FR 55718
Final Rule; Correction..............   10/29/21  86 FR 59871
Final Rule Effective................   11/08/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Gian Marshall, Management and Program Analyst, 
Department of Transportation, Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, Phone: 
202 366-0928, Email: [email protected].
    RIN: 2126-AC11

BILLING CODE 4910-EX-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Railroad Administration (FRA)

Proposed Rule Stage

351. +Train Crew Staffing

    Regulatory Plan: This entry is Seq. No. 139 in part II of this 
issue of the Federal Register.
    RIN: 2130-AC88

BILLING CODE 4910-06-P

DEPARTMENT OF TRANSPORTATION (DOT)

Saint Lawrence Seaway Development Corporation (SLSDC)

Proposed Rule Stage

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

    Legal Authority: 33 U.S.C. 981 et seq.
    Abstract: The Great Lakes St. Lawrence Seaway Development 
Corporation (GLS) 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 GLS is amending the joint 
regulations by updating the Regulations and Rules in various 
categories.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.

[[Page 5274]]

    Agency Contact: Michal Chwedczuk, Department of Transportation, 
Saint Lawrence Seaway Development Corporation, 1200 New Jersey Avenue 
SE, Washington, DC 20590, Phone: 202 366-0091, Email: 
[email protected].
    RIN: 2135-AA51

353.  Tariff Of Tolls (Rulemaking Resulting From a Section 610 
Review)

    Legal Authority: 33 U.S.C. 981 et seq.
    Abstract: The Great Lakes St. Lawrence Seaway Development 
Corporation (GLS) 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 GLS and the SLSMC.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Michal Chwedczuk, Department of Transportation, 
Saint Lawrence Seaway Development Corporation, 1200 New Jersey Avenue 
SE, Washington, DC 20590, Phone: 202 366-0091, Email: 
[email protected].
    RIN: 2135-AA52

BILLING CODE 4910-61-P

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Proposed Rule Stage

354. +Pipeline Safety: Gas Pipeline Leak Detection and Repair

    Legal Authority: 49 U.S.C. 60101 et seq.
    Abstract: This rulemaking would amend the pipeline safety 
regulations to enhance requirements for detecting and repairing leaks 
on new and existing natural gas distribution, gas transmission, and gas 
gathering pipelines. The proposed rule is necessary to respond to a 
mandate from section 113 of the Protecting our Infrastructure of 
Pipelines and Enhancing Safety Act of 2020.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Sayler Palabrica, Department of Transportation, 
Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey 
Avenue SE, District of Columbia, DC 20590, Phone: 202-366-0559, Email: 
[email protected].
    RIN: 2137-AF51

355. +Pipeline Safety: Safety of Gas Distribution Pipelines

    Legal Authority: 49 U.S.C. 60101 et seq.
    Abstract: This rulemaking would amend the pipeline safety 
regulations to enhance the safety requirements for gas distribution 
pipelines. The proposed rule is necessary to respond to several 
mandates from title II of the Protecting our Infrastructure of 
Pipelines and Enhancing Safety Act of 2020 (PIPES Act of 2020).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Ashlin Bollacker, Technical Writer, Department of 
Transportation, Pipeline and Hazardous Materials Safety Administration, 
1200 New Jersey Avenue SE, Washington DC, DC 20590, Phone: 202-366-
4203, Email: [email protected].
    RIN: 2137-AF53

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Final Rule Stage

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

    Legal Authority: 49 U.S.C. 60101 et seq.
    Abstract: This rulemaking action would revise the Pipeline Safety 
Regulations applicable to most newly constructed and entirely replaced 
onshore natural gas transmission and hazardous liquid pipelines to 
improve rupture mitigation and shorten pipeline segment isolation 
times. The rulemaking action would define ``notification of potential 
rupture'' and outline certain performance standards related to rupture 
identification and pipeline segment isolation. This rulemaking action 
also would require specific valve maintenance and inspection 
requirements, and 9-1-1 notification requirements to help operators 
achieve better rupture response and mitigation.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/06/20  85 FR 7162
NPRM Comment Period End.............   04/06/20  .......................
Final Rule..........................   02/00/22  .......................
------------------------------------------------------------------------

    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

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

    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 do 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 provides 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

[[Page 5275]]

Instructions for the Safe Transport of Dangerous Goods by Air.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   03/06/19  84 FR 8006
Interim Final Rule Effective........   03/06/19  .......................
Interim Final Rule Comment Period      05/06/19  .......................
 End.
Final Rule..........................   02/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Shelby Geller, Transportation Regulations 
Specialist, Transportation & Security, 1200 New Jersey Avenue SE, 
Washington, DC 20590, Phone: 202 366-8553, Email: 
[email protected].
    RIN: 2137-AF20

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Long-Term Actions

358. +Pipeline Safety: Pipeline Operational Status

    Legal Authority: 49 U.S.C. 60101 et seq.
    Abstract: This rulemaking would amend the pipeline safety 
regulations to define an idled operational status for natural gas and 
hazardous liquid pipelines that are temporarily removed from service, 
set operations and maintenance requirements for idled pipelines, and 
establish inspection requirements for idled pipelines that are returned 
to service. The proposed rule is necessary to respond to a mandate from 
the Protecting our Infrastructure of Pipelines and Enhancing Safety Act 
of 2020.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Sayler Palabrica, Department of Transportation, 
Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey 
Avenue SE, District of Columbia, DC 20590, Phone: 202-366-0559, Email: 
[email protected].
    RIN: 2137-AF52

[FR Doc. 2021-27948 Filed 1-28-22; 8:45 am]
BILLING CODE 4910-60-P