[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Proposed Rules]
[Pages 9608-9624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00449]



[[Page 9607]]

Vol. 89

Friday,

No. 28

February 9, 2024

Part XIII





Department of Transportation





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Semiannual Regulatory Agenda

  Federal Register / Vol. 89 , No. 28 / Friday, February 9, 2024 / UA: 
Reg Flex Agenda  

[[Page 9608]]


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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, Department of Transportation.

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 rulemaking actions of the Department of Transportation (DOT). 
The Regulatory Agenda provides the public with information about DOT's 
planned regulatory activity for the next 12 months. This information 
enables the public to participate in the Department's regulatory 
process. The public is encouraged to submit comments on any aspect of 
this Regulatory Agenda.

FOR FURTHER INFORMATION CONTACT: Please direct all comments and 
inquiries on the Regulatory Agenda to Daniel Cohen, Assistant General 
Counsel for Regulation and Legislation, Office of the General Counsel, 
Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 
20590; (202) 366-4702.
    To obtain a copy of a specific regulatory document in the 
Regulatory Agenda, you should communicate directly with the contact 
person listed with the regulation. We note that most such documents, 
including the Semiannual Regulatory Agenda, are available through the 
internet at http://www.regulations.gov.

SUPPLEMENTARY INFORMATION: 

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. The information contained in the Regulatory Agenda should 
enable the public to be aware of the Department's planned regulatory 
activities 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 Regulatory Agenda. Regulatory 
action, in addition to the items listed, is not precluded.

Request for Comments

General

    DOT's Regulatory 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 Regulatory Agenda easier to use. We would like you, 
the public, to make suggestions or comments on how the Regulatory 
Agenda could be further improved.

Regulatory Flexibility Act

    The Department 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. Generally, each DOT operating administration 
divides its rules into 10 different groups and plans to analyze one 
group each year. In each Fall Regulatory Agenda, each operating 
administration will publish the results of the analyses it has 
completed during the previous year. The most recent results appeared in 
the Department's 2022 Fall Regulatory Agenda Preamble, which was 
published in the Federal Register on February 22, 2023. 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.

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.

Subash Iyer,
Acting General Counsel, Department of Transportation.

Appendix A--Review Plans for Section 610 and Other Requirements

Part I--The Plan

General

    The Department of Transportation has responsibilities under 
section 610 of the Regulatory Flexibility Act and subsequent 
executive orders to conduct reviews of its existing regulations. 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.

[[Page 9609]]

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 publication 
annually of the fall 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?

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 Other 
Amendments'' (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, 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.

[[Page 9610]]

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: In considering ways to minimize the SEISNOSE 
for Part 39, DOT plans to explore whether to modify the definition 
of ``service animal'' in 49 CFR 39.3. The current definition 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). Under DOJ regulations at 28 CFR 35.136(i), 
reasonable modifications in policy and practices must also be made 
where necessary to accommodate miniature horses as service animals. 
In contrast, the passenger vessel industry operating under Part 39 
remains subject to requirements for accommodating unusual service 
animals, such as reptiles and primates. Updating the definition of 
``service animal'' under 49 CFR 39.3 would ensure consistency across 
Federal regulations and remove the confusion that results for 
individuals with service animals when different standards apply to 
different public facilities and modes of transportation. OST has 
already determined to consider updates to the ``service animal'' 
definition contained in 49 CFR 37.3 (Part 37 governs Transportation 
Services for Individuals with Disabilities (ADA)) for the 
aforementioned reasons and is in the process of developing a 
rulemaking on that issue titled: ``Transportation for Individuals 
with Disabilities; Service Animals and Technical Corrections'' (RIN 
2105-AF08).
    As a result, OST will consider whether 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.
    In addition to the above considerations, DOT notes 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 has 
initiated 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.

49 CFR part 92--Recovering Debts to the United States by Salary 
Offset

     Section 610: OST conducted a Section 610 review of this 
part and found no SEISNOSE.
     General: These regulations are cost effective and 
impose the least burden. OST's plain language review of these rules 
indicates no need for substantial revision. Since the rule was 
enacted, however, the DOT Operating Administrations have changed. As 
a result, DOT will consider a rulemaking to update the agencies 
listed at 49 CFR 92.5(g)--Definitions 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 consider a rulemaking to make these revisions. These 
regulations are cost effective and impose the least burden. OST's 
plain language review of these rules indicated no need for 
substantial revision.

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: These regulations are cost effective and 
impose the least burden. OST's plain language review of these rules 
indicates no need for substantial revision. Since the rule was 
enacted, the U.S. Department of Transportation's organizational 
structure changed, and as a result DOT will consider updating the 
list of DOT Operating Administrations (OAs) listed in 49 CFR 98.2 to 
reflect the current listing of DOT OAs in 49 CFR 89.2(a), as 
follows: (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 change would be considered 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.

48 CFR parts 1201-1224

     Section 610: OST has reviewed the regulations at 48 CFR 
parts 1201-1224 and found no SEISNOSE.
     General: OST determined that updates were needed to the 
regulations at 48 CFR parts 1201-1224. The regulations were updated 
as part of RIN 2105-AE26 (Revisions to the Transportation 
Acquisition Regulations) The final rule published on October 7, 
2022.

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

[[Page 9611]]

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 1 (Fall 2018) List of Rules That Are Under Ongoing Analysis

49 CFR part 93--Aircraft Allocation
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

Year 2 (Fall 2019) List of Rules Analyzed and Summary of Results

48 CFR parts 1227 through 1253 and new parts and subparts

     Section 610: OST has reviewed the regulations at 48 CFR 
parts 1227-1253 and found no SEISNOSE.
     General: OST determined that updates were needed to the 
regulations at 48 CFR parts 1227-1253. The regulations were updated 
as part of RIN 2105-AE26 (Revisions to the Transportation 
Acquisition Regulations) The final rule published on October 7, 
2022.

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

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.
    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.

Year 6 (Fall 2024) List of Rules That Will Be Analyzed During the Next 
Year

14 CFR part 300--RULES OF CONDUCT IN DOT PROCEEDING UNDER THIS 
CHAPTER
14 CFR part 302--RULES OF PRACTICE IN PROCEEDINGS

     Section 610 (Subpart D): 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 (Subpart D): 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. Rule was updated in 2019.

14 CFR part 303--REVIEW OF AIR CARRIER AGREEMENTS
14 CFR part 305--RULES OF PRACTICE IN INFORMAL NONPUBLIC 
INVESTIGATIONS

     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. 
Rule was updated in 2019.

14 CFR part 313--IMPLEMENTATION OF THE ENERGY POLICY AND 
CONSERVATION ACT
14 CFR part 323--TERMINATIONS, SUSPENSIONS, AND REDUCTIONS
14 CFR part 325--ESSENTIAL AIR SERVICE PROCEDURES
14 CFR part 330--PROCEDURES FOR COMPENSATION OF AIR CARRIERS
14 CFR part 372--OVERSEAS MILITARY PERSONNEL CHARTERS

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.

[[Page 9612]]



------------------------------------------------------------------------
                         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 34 through 39, and parts 400 through 405.
    2. Identification and analysis of all amendments to parts 34 
through 39, and parts 400 through 405 since 2013 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 1 (Fall 2023) List of Rules Analyzed and Summary of Results

14 CFR part 34--Fuel Venting and Exhaust Emission Requirements for 
Turbine Engine Powered Airplanes

    Section 610: The agency conducted a Section 610 Review of this 
part and determined no amendments to 14 CFR part 34 promulgated 
since January 2013 has or will have a SEISNOSE.
    General: No changes are needed. These regulations are cost 
effective and impose the least burden.

14 CFR part 35--Airworthiness Standards: Propellers

    Section 610: The agency conducted a Section 610 Review of this 
part and determined no amendments to 14 CFR part 35 promulgated 
since January 2013 has or will have a SEISNOSE.
    General: No changes are needed. These regulations are cost 
effective and impose the least burden.

14 CFR part 36--Noise Standards: Aircraft Type and Airworthiness 
Certification

    Section 610: The agency conducted a Section 610 Review of this 
part and determined no amendments to 14 CFR part 36 promulgated 
since January 2013 has or will have a SEISNOSE.
    General: No changes are needed.

14 CFR part 39--Airworthiness Directives

    Section 610: The agency conducted a Section 610 Review of this 
part and determined no amendments to 14 CFR part 39 promulgated 
since January 2013 has or will have a SEISNOSE.
    General: No changes are needed. These regulations are cost 
effective and impose the least burden.

14 CFR part 400--Basis and Scope

    Section 610: The agency conducted a Section 610 Review of this 
part and determined no amendments to 14 CFR part 400 promulgated 
since January 2013 has or will have a SEISNOSE.
    General: No changes are needed. These regulations are cost 
effective and impose the least burden.

14 CFR part 401--Organization and Definitions

    Section 610: The agency conducted a Section 610 Review of this 
part and determined no amendments to 14 CFR part 401 promulgated 
since January 2013 has or will have a SEISNOSE.
    General: No changes are needed.

14 CFR part 404--Petition and Rulemaking Procedures

    Section 610: The agency conducted a Section 610 Review of this 
part and determined no amendments to 14 CFR part 404 promulgated 
since January 2013 has or will have a SEISNOSE.
    General: No changes are needed.

14 CFR part 405--Compliance and Enforcement

    Section 610: The agency conducted a Section 610 Review of this 
part and determined no amendments to 14 CFR part 405 promulgated 
since January 2013 has or will have a SEISNOSE.
    General: No changes are needed.

Year 2 (2024) List of Rules To Be Analyzed the Next Year

14 CFR parts 43 through 49 and parts 406 through 415
14 CFR part 43--Maintenance, Preventive Maintenance, Rebuilding, and 
Alteration
14 CFR part 45--Identification and Registration Marking
14 CFR part 47--Aircraft Registration
14 CFR part 48--Registration and Marking Requirements for Small 
Unmanned Aircraft
14 CFR part 49--Recording of Aircraft Titles and Security Documents
14 CFR part 406--Investigations, Enforcement, and Administrative 
Review
14 CFR part 413--License Application Procedures
14 CFR part 414--Safety Element Approvals
14 CFR part 415--Launch License

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


[[Page 9613]]

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 5 (Fall 2022) List of Rules Analyzed and a Summary of the Results

23 CFR part 620--Engineering

     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 625--Design Standards for Highways

     Section 610: No SEISNOSE. No small entities are 
affected.
     General: No changes are needed for purposes of the 
Regulatory Flexibility Act. FHWA recently updated aspects of the 
part 625 regulations under RIN 2125-AF88 (87 FR 32, (January 3, 
2022)). FHWA's plain language review of the regulations indicates no 
need for substantial revision.

23 CFR part 626--Pavement Policy

     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 626 regulations under RIN 2125-AF96. FHWA's plain language 
review of the regulations indicates no need for substantial 
revision.

23 CFR part 627--Value Engineering

     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 630--Preconstruction Procedures

     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 630 regulations under RINs 2125-AG03 and 2125-AG05. FHWA's 
plain language review of the regulations indicates no need for 
substantial revision.

23 CFR part 633--Required Contract Provisions

     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 633 regulations under RIN 2125-AG11. FHWA's plain language 
review of the regulations indicates no need for substantial 
revision.

23 CFR part 635--Construction and Maintenance

     Section 610: No SEISNOSE. No small entities are 
affected.
     General: No changes are needed for purposes of the 
Regulatory Flexibility Act. FHWA recently updated aspects of the 
part 635 regulations under RIN 2125-AF83 (87 FR 67553 (November 9, 
2022)). FHWA's plain language review of the regulations indicates no 
need for substantial revision.

23 CFR part 636--Design-build Contracting

     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 637--Construction Inspection and Approval

     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 6 (Fall 2023) List of Rules That Will Be Analyzed During the Next 
Year

23 CFR part 645--Utilities
23 CFR part 646--Railroads
23 CFR part 650--Bridges, Structures, and Hydraulics
23 CFR part 655--Traffic Operations
23 CFR part 656--Carpool and Vanpool Projects
23 CFR part 657--Certification of Size and Weight Enforcement
23 CFR part 658--Truck Size and Weight, Route Designations--Length, 
Width and Weight Limitations
23 CFR part 660--Special Programs (Direct Federal)
23 CFR part 661--Indian Reservation Road Bridge Program
23 CFR part 667--Periodic Evaluation of Facilities Repeatedly 
Requiring Repair and Reconstruction Due to Emergency Events
23 CFR part 668--Emergency Relief Program
23 CFR part 669--Enforcement of Heavy Vehicle Use Tax

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
------------------------------------------------------------------------

Year 4 (2021) List of Rules With Ongoing Analysis

49 CFR part 380--Special Training Requirements

     Section 610: FMCSA analyzed 49 CFR part 380 and found 
no SEISNOSE.
     49 CFR part 380 is comprised of two distinct training 
matters. Subparts A through D establish minimum requirements for 
operators of longer combination vehicles (LCVs) and LCV driver-
instructors. These parts introduce minor administrative costs of 
retaining records in case of a future investigation and training 
costs as directed by statute.\1\ It identifies prudent business-
related costs that a small business desiring to

[[Page 9614]]

provide such training would incur whether the rule existed or not.
---------------------------------------------------------------------------

    \1\ Section 31307. Minimum training requirements for operators 
of longer combination vehicles (a) Definition. In this section, 
``longer combination vehicle'' means a vehicle consisting of a truck 
tractor and more than one trailer or semitrailer that operates on 
the Dwight D. Eisenhower System of Interstate and Defense Highways 
with a gross vehicle weight of more than 80,000 pounds. (b) 
Requirements. The Secretary of Transportation shall maintain 
regulations establishing minimum training requirements for operators 
of longer combination vehicles. The training shall include 
certification of an operator's proficiency by an instructor who has 
met the requirements established by the Secretary.
---------------------------------------------------------------------------

     Subparts E through G address entry-level driver 
training. A major regulatory change was the introduction of the 
Entry-Level Driver Training (ELDT) rule which directed a compliance 
date of February 7, 2022.
     The rule was updated to ensure new entrant drivers are 
qualified. The rule affects entry-level drivers seeking a CDL or a 
hazardous material (H), passenger (P), or school bus (S) 
endorsement, motor carriers, and training providers. Entry-level 
drivers are not small entities as defined by the U.S. Small Business 
Administration (SBA) and are therefore not included in this 
analysis. This rule does not directly regulate motor carriers except 
in cases where the carrier elects to register as a certified 
trainer. The ELDT rule requires motor carriers to maintain training 
records which drives a minimal cost.
     Motor carriers and training/educational institutions 
seeking to register on the Training Provider Registry (TRP) as 
training providers must retain certain records and update the TPR 
website with company and student information. The costs are minimal. 
It also requires lesson plans and training criteria to comply with 
federal, state, and local requirements.
     General: There is no need for substantial revision. 
These regulations provide necessary/clear guidance to industry 
employers, drivers, and training providers. The regulations are 
written consistent with plain language guidelines, are cost-
effective, and impose the least economic burden on the industry.

Year 5 (2022) List of Rules With Ongoing Analysis

49 CFR part 387--Minimum Levels of Financial Responsibility for 
Motor Carriers

     Section 610: FMCSA analyzed 49 CFR part 387 but found 
no SEIOSNOSE.
     Under 49 U.S.C. 31138 and 31139, FMCSA is required to 
establish minimum levels of financial responsibility at or above the 
levels set by Congress. FMCSA's regulations (49 CFR part 387 
subparts A and B) require for-hire property, passenger motor 
carriers, and all motor carriers transporting hazardous materials to 
maintain financial responsibility at the statutory minimums set 
forth in 49 U.S.C. 31138 and 31139.
     49 CFR part 387 affects a substantial number of small 
entities, but the cost of required minimums does not impose a 
significant economic impact because the industry standard imposed by 
most lenders requires a higher level of coverage. Also, because the 
financial responsibility requirements were imposed by an act of 
Congress, FMCSA cannot further reduce the burden and satisfy the 
statutory directive Beyond the costs of obtaining insurance, 49 CFR 
part 387, subpart C, requires for-hire motor carriers subject to the 
Agency's jurisdiction under 49 U.S.C. 13501 to file evidence of 
financial responsibility with FMCSA. The cost of this administrative 
activity is minimal and does not rise to the level of a significant 
economic impact.
    General: There is no need for substantial revision. These 
regulations provide necessary/clear guidance to ``For-hire'' 
property and passenger motor carriers. The regulations are cost-
effective and impose the least economic burden on the industry.

Year 6 (2023) List of Rules That Will Be Analyzed During the Next Year

49 CFR part 398--Transportation of Migrant Workers

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 6 (Fall 2019-2024) List of Rules With Ongoing or 
Pending Analysis

49 CFR part 571.101--Controls and displays
49 CFR part 571.102--Transmission shift position sequence, starter 
interlock, and transmission braking effect
49 CFR part 571.103--Windshield defrosting and defogging systems
49 CFR part 571.104--Windshield wiping and washing systems
49 CFR part 571.105--Hydraulic and electric brake systems
49 CFR part 571.106--Brake hoses
49 CFR part 571.108--Lamps, reflective devices, and associated 
equipment
49 CFR part 571.109--New pneumatic tires for vehicles manufactured 
from 1949 to 1975, bias ply tires, and T-type spare tires
49 CFR part 571.110--Tire selection and rims and motor home/
recreation vehicle trailer load carrying capacity information for 
motor vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or 
less
49 CFR part 571.131--School Bus Pedestrian Safety Devices
49 CFR part 571.135--Light vehicle brake systems
49 CFR part 571.136--Electronic stability control systems for heavy 
vehicles
49 CFR part 571.138--Tire pressure monitoring systems
49 CFR part 571.139--New pneumatic radial tires for light vehicles
49 CFR 571.141--Minimum Sound Requirements for Hybrid and Electric 
Vehicles
49 CFR part 571.213--Child Restraint Systems
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
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
49 CFR part 526--Petitions and Plans for Relief under the Automobile 
Fuel Efficiency Act of 1980
49 CFR part 529--Manufacturers of Multistage Automobiles
49 CFR part 531--Passenger Automobile Average Fuel Economy Standards
49 CFR part 533--Light Truck Fuel Economy Standards
49 CFR part 534--Rights and Responsibilities of Manufacturers in the 
Context of Changes in Corporate Relationships

[[Page 9615]]

49 CFR part 535--Medium- and Heavy-Duty Vehicle Fuel Efficiency 
Program
49 CFR part 536--Transfer and Trading of Fuel Economy Credits
49 CFR part 537--Automotive Fuel Economy Reports
49 CFR part 538--Manufacturing Incentives for Alternative Fuel 
Vehicles
49 CFR part 541--Federal Motor Vehicle Theft Prevention Standard
49 CFR part 542--Procedures for Selecting Light Duty Truck Lines to 
Be Covered by the Theft Prevention Standard
49 CFR part 543--Exemption from Vehicle Theft Prevention Standard
49 CFR part 545--Federal Motor Vehicle Theft Prevention Standard 
Phase-in and Small-Volume Line Reporting Requirements
49 CFR part 551--Procedural Rules
49 CFR part 552--Petitions for Rulemaking, Defect, and Noncompliance 
Orders
49 CFR part 553--Rulemaking Procedures
49 CFR part 554--Standards Enforcement and Defects Investigation
49 CFR part 555--Temporary Exemption from Motor Vehicle Safety and 
Bumper Standards
49 CFR part 556--Exemption for Inconsequential Defect or 
Noncompliance
49 CFR part 557--Petitions for Hearings on Notification and Remedy 
of Defects
49 CFR part 562--Lighting and Marking of Agricultural Equipment
49 CFR part 563--Event Data Recorders
49 CFR part 564--Replaceable Light Source and Sealed Beam Headlamp 
Information
49 CFR part 565--Vehicle Identification Number (VIN) Requirements
49 CFR part 566--Manufacturer Identification
49 CFR part 567--Certification
49 CFR part 568--Vehicles Manufactured in Two or More Stages--All 
Incomplete, Intermediate and Final-Stage Manufacturers of Vehicles 
Manufactured in Two or More Stages
49 CFR part 569--Regrooved Tires
49 CFR part 570--Vehicle in Use Inspection Standards
49 CFR part 572--Anthropomorphic Test Devices
49 CFR part 573--Defect and Noncompliance Responsibility and Reports
49 CFR part 574--Tire Identification and Recordkeeping
49 CFR part 575--Consumer Information
49 CFR part 576--Record Retention
49 CFR part 577--Defect and Noncompliance Notification
49 CFR part 578--Civil and Criminal Penalties
49 CFR part 579--Reporting of Information and Communications About 
Potential Defects
23 CFR part 1200--Uniform Procedures for State Highway Safety Grant 
Programs
23 CFR part 1300--Uniform Procedures for State Highway Safety Grant 
Programs

Federal Railroad Administration

Section 610 and Other Reviews

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

Year 5 (Fall 2022) List of Rules Analyzed and a Summary of Results

49 CFR part 227--Occupational Noise Exposure

    [ssquf] Section 610: There is no SEISNOSE.
    [ssquf] General: The main objective of the rule is to protect 
the occupational health and safety of employees whose predominant 
noise exposure occurs in the locomotive cab. Hearing loss is an 
important issue in the railroad industry and there is a continuing 
safety need for this rule. The rule prescribes minimum Federal 
health and safety noise standards for locomotive cab occupants. This 
rule does not restrict a railroad or railroad contractor from 
adopting and enforcing additional or more stringent requirements. 
FRA's plain language review of this rule indicates no need for 
substantial revision.

49 CFR part 228--Hours of Service of Railroad Employees

    [ssquf] Section 610: There is no SEISNOSE.
    [ssquf] General: This rule prescribes reporting and 
recordkeeping requirements regarding the hours of service of certain 
railroad employees, railroad contractors and subcontractors and 
establishes standards and procedures concerning the construction of 
sleeping quarters. In general, this rule promotes the safety of 
railroad operations and employees. FRA's plain language review of 
this rule indicates no need for substantial revision.

49 CFR part 229--Railroad Locomotive Safety Standards

    [ssquf] Section 610: There is a SEISNOSE.
    [ssquf] General: Since the rule prescribes minimum Federal 
safety standards for all locomotives except those propelled by steam 
power, these regulations are necessary to achieve better and 
effective compliance of railroad locomotive safety standards, and to 
minimize the number of casualties. FRA's plain language review of 
this rule indicates that there is no need for substantial revision.

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

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

49 CFR part 231--Railroad Safety Appliances Standards

     Section 610: There is no SEISNOSE.
     General: The rule provides for railroad safety 
standards which are necessary to ensure the protection and safety of 
railroad employees and public, and to minimize the number of 
casualties. Small railroads generally purchase rail equipment that 
has already been used in transportation by Class I and Class II 
railroads. As a result, rail equipment used by small railroads is 
often in compliance with part 231 standards at the time of 
acquisition. In addition, small railroads are not substantially 
affected by rail equipment maintenance costs that are associated 
with part 231 requirements because most rail equipment repairs are 
performed by Class I and Class II railroads and/or billed to the car 
owner. Although part 231 may have some impact on small railroads, 
FRA has deemed any such impact to be necessary to ensure uniform and 
consistent equipment design requirements, which contribute to the 
safety of railroad employees who work on or about the rail 
equipment. FRA's plain language review of this rule indicates no 
need for substantial revision.

Year 6 (Fall 2023) List of Rules(s) That Will Be Analyzed During This 
Year

49 CFR part 232--Brake System Safety Standards for Freight and Other 
Non-Passenger Trains and Equipment; End-of-Train Devices
49 CFR part 233--Signal Systems Reporting Requirements
49 CFR part 234--Grade Crossing Safety
49 CFR part 235--Instructions Governing Applications for Approval of 
a Discontinuance or Material Modification of a Signal System or 
Relief from the Requirements of Part 236
49 CFR part 236--Rules, Standards, and Instructions Governing the 
Installation, Inspection, Maintenance, and Repair of

[[Page 9616]]

Signal and Train Control Systems, Devices, and Appliances

Federal Transit Administration

Section 610 and Other Reviews

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

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

Year 5 (Fall 2022) List of Rules Analyzed and Summary of Results

49 CFR part 655--Prevention of Alcohol Misuse and Prohibited Drug 
Use in Transit Operations

     Section 610: FTA conducted a Section 610 review of 49 
CFR part 655 and determined that it would not result in a SEISNOSE 
within the meaning of the RFA. The regulation implements statutorily 
required procedures for alcohol and controlled substance testing.
     General: No changes are needed. FTA amended the 
Prevention of Alcohol Misuse and Prohibited Drug Use in Transit 
Operations regulation in 2023 (88 FR 27596) to include oral fluid 
testing and to harmonize testing procedures with the Mandatory 
Guidelines for Federal Workplace Drug Testing Programs Using Oral 
Fluid established by the U.S. Department of Health and Human 
Services.
    The rule increases flexibility for small-entity transportation 
employers and drug test collection sites by allowing them to use 
oral fluid testing instead of urine testing to meet DOT testing 
requirements. Accordingly, FTA determined that the rule would not 
have a significant economic impact on a substantial number of small 
entities.

Year 6 (Fall 2023) List of Rules To Be Analyzed This Year

49 CFR part 602--Emergency Relief
49 CFR part 614--Transportation Infrastructure Management

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 298            2021            2022
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 4 (2022) List of Rules Analyzed and Summary of Results

46 CFR 298--Vessel Financing Assistance

     Section 610: There is no SEISNOSE.
     General: MARAD has reviewed part 298 and found that 
while it does not have SEISNOSE, it is necessary to amend the rule 
to implement statutory changes and update the existing financial 
requirements imposed on Title XI Program obligors to align with more 
up-to-date vessel financing and federal credit best practices. 
Accordingly, MARAD has initiated a rulemaking to amend the rule. 
MARAD's rulemaking amending part 298 will include plain language 
revisions.

Year 5 (2023) List of Rules Analyzed and Summary of Results

46 CFR part 307--Mandatory Position Report System for Vessels

    Section 307: There is no SEISNOSE.
     General: No changes are needed. MARAD's plain language 
review of this rule indicated no need for substantial revision.

46 CFR part 308--War Risk Insurance
     Section 610: There is no SEISNOSE.
     General: No changes are needed. MARAD's plain language 
review of this rule indicated no need for substantial revision.
46 CFR part 309--War Risk Ship Valuation
     Section 610: There is no SEISNOSE.
     General: No changes are needed. MARAD's plain language 
review of this rule indicated no need for substantial revision.

Year 6 (2024) List of Rules With Ongoing Analysis

46 CFR part 310--Merchant Marine Training

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Section 610 and Other Reviews

[[Page 9617]]



------------------------------------------------------------------------
                         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 5 (Fall 2023) List of Rules Analyzed and a Summary of Results

49 CFR part 106--RULEMAKING PROCEDURES
49 CFR part 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
49 CFR part 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

     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 that--where necessary--
revise portions of parts 106, 107, and 171. 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-AF57) 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 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-AF57 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.

49 CFR part 190--PIPELINE SAFETY ENFORCEMENT AND REGULATORY 
PROCEDURES

     Section 610: PHMSA conducted a review of this part and 
found no SEISNOSE.
     General: No changes are needed.

49 CFR part 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE

     Section 610: PHMSA conducted a review of this part and 
found no SEISNOSE. However, PHMSA conducts regular regulatory 
reviews to ensure that the Office of Pipeline Safety regulations 
keep up to date with new technologies and to be responsive to 
petitions, mandates, recommendations, and safety issues. When 
necessary, PHMSA's Office of Pipeline Safety proposes amendments to 
provide relief to small businesses by clarifying and updating its 
regulations. Additionally, PHMSA's Office of Pipeline Safety 
regularly incorporates voluntary consensus standards--which are 
reviewed by committees representing government, industry, and 
material manufacturers--as a part of its rulemaking activities.

Year 6 (Fall 2024) List of Rules That Will Be Analyzed During the Next 
Year

49 CFR part 174--CARRIAGE BY RAIL
49 CFR part 177--CARRIAGE BY PUBLIC HIGHWAY
49 CFR part 199--DRUG AND ALCOHOL TESTING

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).


[[Page 9618]]

Year 1 (Fall 2018) List of Rules That Will Be Analyzed During the Next 
Year

33 CFR part 401--Seaway Regulations and Rules
33 CFR part 402--Tariff of Tolls
33 CFR part 403--Rules of Procedure of the Joint Tolls Review Board

                Office of the Secretary--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
396.......................  Refunding Airline Tickets          2105-AF04
                             Ancillary Service Fees.
------------------------------------------------------------------------


          Federal Aviation Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
397.......................  Drug and Alcohol Testing           2120-AK09
                             of Certain Maintenance
                             Provider Employees
                             Located Outside of the
                             United States.
398.......................  Requirements to File               2120-AK77
                             Notice of Construction of
                             Meteorological Evaluation
                             Towers and Other
                             Renewable Energy Projects
                             (Section 610 Review).
------------------------------------------------------------------------


            Federal Aviation Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
399.......................  Registration and Marking           2120-AK82
                             Requirements for Small
                             Unmanned Aircraft.
------------------------------------------------------------------------


           Federal Aviation Administration--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
400.......................  Regulation Of Flight               2120-AJ78
                             Operations Conducted By
                             Alaska Guide Pilots.
401.......................  Applying the Flight, Duty,         2120-AK26
                             and Rest Requirements to
                             Ferry Flights That Follow
                             Commuter or On-Demand
                             Operations (FAA
                             Reauthorization).
402.......................  Aircraft Registration and          2120-AK37
                             Airmen Certification Fees.
403.......................  Helicopter Air Ambulance           2120-AK57
                             Pilot Training and
                             Operational Requirements
                             (HAA II) (FAA
                             Reauthorization).
------------------------------------------------------------------------


    Federal Motor Carrier Safety Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
404.......................  Self-Insurance Program             2126-AC58
                             Cost Recovery (Section
                             610 Review).
------------------------------------------------------------------------


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


          Federal Railroad Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
406.......................  Positive Train Control             2130-AC95
                             Systems (Section 610
                             Review).
------------------------------------------------------------------------


            Federal Railroad Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
407.......................  Train Crew Staffing.......         2130-AC88
------------------------------------------------------------------------


[[Page 9619]]


      Saint Lawrence Seaway Development Corporation--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
408.......................  Seaway Regulations and             2135-AA55
                             Rules: Periodic Update,
                             Various Categories
                             (Completion of a Section
                             610 Review).
409.......................  Tariff of Tolls                    2135-AA56
                             (Completion of a Section
                             610 Review).
------------------------------------------------------------------------


  Pipeline and Hazardous Materials Safety Administration--Proposed Rule
                                  Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
410.......................  Pipeline Safety: Gas               2137-AF51
                             Pipeline Leak Detection
                             and Repair.
411.......................  Pipeline Safety: Pipeline          2137-AF52
                             Operational Status.
412.......................  Pipeline Safety: Safety of         2137-AF53
                             Gas Distribution
                             Pipelines and Other
                             Pipeline Safety
                             Initiatives.
------------------------------------------------------------------------


              Maritime Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
413.......................  Cargo Preference--U.S.             2133-AB97
                             Flag Vessels Regulatory
                             Update (Section 610
                             Review).
------------------------------------------------------------------------


                Maritime Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
414.......................  Amendment to the Federal           2133-AB98
                             Ship Financing Program
                             Regulations; Financial
                             Requirements (Section 610
                             Review).
415.......................  Establishing Safe and              2133-AB99
                             Secure Merchant Marine
                             Training (Section 610
                             Review).
------------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION (DOT)

Office of the Secretary (OST)

Final Rule Stage

396. Refunding Airline Tickets Ancillary Service Fees [2105-AF04]

    Legal Authority: 49 U.S.C. 41712; 49 U.S.C. 40101, 49 U.S.C. 41702
    Abstract: The Department of Transportation has consistently 
interpreted 49 U.S.C. 41712, which prohibits U.S. air carriers, foreign 
air carriers, and ticket agents from engaging in unfair practices in 
the sale of air transportation, to require carriers and ticket agents 
to provide requested refunds to passengers when a carrier cancels or 
significantly changes a flight to, from, or within the United States. 
This rulemaking would clarify that, under the Department's rule 
requiring airlines to provide prompt refunds when ticket refunds are 
due and its rule requiring ticket agents to make refunds promptly when 
service cannot be performed as contracted, carriers and ticket agents 
must provide prompt ticket refunds to passengers when a carrier cancels 
or makes a significant change to a flight. This rulemaking would define 
cancellation and significant change, including addressing whether new 
itineraries involving delays of a certain length or additional stops 
constitute a significant change requiring a refund. This rulemaking 
would also address protections for consumers who are unable to travel 
due to government restrictions. In addition, the rulemaking under RIN 
2105-AE53 has been merged into this rulemaking. As such, this 
rulemaking would also require airlines to refund checked baggage fees 
when they fail to deliver the bags in a timely manner as provided by 
the FAA Extension, Safety and Security Act of 2016, and require 
airlines to promptly provide a refund to a passenger of any ancillary 
fees paid for services that the passenger did not receive as provided 
by the FAA Reauthorization Act of 2018. This rulemaking is informed by 
feedback received at four public meetings: three meetings of the 
Aviation Consumer Protection Advisory Committee on August 22, 2022, 
December 8, 2022, and January 12, 2023, and one public hearing on March 
21, 2023. The docket for this rule was also open to public comment 
submission for approximately 130 days.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/22/22  87 FR 51550
NPRM Comment Period End.............   03/28/23
Final Rule..........................   02/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Blane A. Workie, Assistant General Counsel, 
Department of Transportation, Office of the Secretary, 1200 New Jersey 
Avenue SE, Washington, DC 20590, Phone: 202 366-9342, Fax: 202 366-
7153, Email: [email protected].
    RIN: 2105-AF04

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Proposed Rule Stage

397. Drug and Alcohol Testing of Certain Maintenance Provider Employees 
Located Outside of the United States [2120-AK09]

    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

[[Page 9620]]

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 rulemaking is a 
statutory mandate under section 308(d) of the FAA Modernization and 
Reform Act of 2012 (Pub. L. 112-95).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   03/17/14  79 FR 14621
Comment Period Extended.............   05/01/14  79 FR 24631
ANPRM Comment Period End............   05/16/14
Comment Period End..................   07/17/14
NPRM................................   12/00/23
------------------------------------------------------------------------

    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

398. Requirements To File Notice of Construction of Meteorological 
Evaluation Towers and Other Renewable Energy Projects (Section 610 
Review) [2120-AK77]

    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................................   01/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Juan Yanguas, Department of Transportation, Federal 
Aviation Administration, 800 Independence Avenue SW, Washington, DC 
20591, Phone: 202 267-1082, Email: [email protected].
    RIN: 2120-AK77

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Final Rule Stage

399. Registration and Marking Requirements for Small Unmanned Aircraft 
[2120-AK82]

    Legal Authority: 49 U.S.C. 106(f), 49 U.S.C. 41703, 44101 to 44106, 
44110 to 44113, and 44701
    Abstract: This rulemaking would provide an alternative, streamlined 
and simple, web-based aircraft registration process for the 
registration of small, unmanned aircraft, including small unmanned 
aircraft operated exclusively for limited recreational operations, to 
facilitate compliance with the statutory requirement that all aircraft 
register prior to operation. It would also provide a simpler method for 
marking small, unmanned aircraft that is more appropriate for these 
aircraft. This action responds to public comments received regarding 
the proposed registration process in the Operation and Certification of 
Small Unmanned Aircraft notice of proposed rulemaking, the request for 
information regarding unmanned aircraft system registration, and the 
recommendations from the Unmanned Aircraft System Registration Task 
Force.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   12/16/15  80 FR 78593
Interim Final Rule Effective........   12/21/15
OMB Approval of Information            12/21/15  80 FR 79255
 Collection.
Interim Final Rule Comment Period      01/15/16
 End.
Final Rule..........................   02/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Bonnie Lefko, Department of Transportation, Federal 
Aviation Administration, 6500 S MacArthur Boulevard, Registry Building 
26, Room 118, Oklahoma City, OK 73169, Phone: 866 762-9434, Email: 
[email protected].
    RIN: 2120-AK82

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Long-Term Actions

400. Regulation of Flight Operations Conducted by Alaska Guide Pilots 
[2120-AJ78]

    Legal Authority: 49 U.S.C. 106(g) ; 49 U.S.C. 1153; 49 U.S.C. 1155; 
49 U.S.C. 40101 to 40103; 49 U.S.C. 40113; 49 U.S.C. 40120; 49 U.S.C. 
44101; 49 U.S.C. 44105 to 44016; 49 U.S.C. 44111; 49 U.S.C. 44701 to 
44717; 49 U.S.C. 44722; 49 U.S.C. 44901; 49 U.S.C. 44903 to 44904; 49 
U.S.C. 44906; 49 U.S.C. 44912; 49 U.S.C. 44914; 49 U.S.C. 44936; 49 
U.S.C. 44938; 49 U.S.C. 46103; 49 U.S.C. 46105; 49 U.S.C. 46306; 49 
U.S.C. 46315 to 46316; 49 U.S.C. 46504; 49 U.S.C. 46506 to 46507; 49 
U.S.C. 47122; 49 U.S.C. 47508; 49 U.S.C. 47528 to 47531; Articles 12 
and 29 of 61 Statue 1180; P.L. 106-181, Sec. 732
    Abstract: The rulemaking would establish regulations concerning 
Alaska guide pilot operations. The rulemaking would implement 
Congressional legislation and establish additional safety requirements 
for the conduct of these operations. The intended effect of this 
rulemaking is to enhance the level of safety for persons and property 
transported in Alaska guide pilot operations. In addition, the 
rulemaking would add a general provision applicable to pilots operating 
under the general operating and flight rules concerning falsification, 
reproduction, and alteration of applications, logbooks, 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

401. Applying the Flight, Duty, and Rest Requirements to Ferry Flights 
That Follow Commuter or On-Demand Operations (FAA Reauthorization) 
[2120-AK26]

    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.

[[Page 9621]]

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: Next Action Undetermined.
    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

402. Aircraft Registration and Airmen Certification Fees [2120-AK37]

    Legal Deadline: 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.
    Abstract: This rulemaking would establish fees for airman 
certificates, medical certificates, and provision of legal opinions 
pertaining to aircraft registration or recordation. This rulemaking 
also would revise existing fees for aircraft registration, recording of 
security interests in aircraft or aircraft parts, and replacement of an 
airman certificate. This rulemaking addresses provisions of the FAA 
Modernization and Reform Act of 2012. This rulemaking is intended to 
recover the estimated costs of the various services and activities for 
which fees would be established or revised.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Next Action Undetermined............           To Be Determined
------------------------------------------------------------------------

    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

403. Helicopter Air Ambulance Pilot Training and Operational 
Requirements (HAA II) (FAA Reauthorization) [2120-AK57]

    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, 800 Independence Avenue SW, 
Washington, DC 20591, Phone: 202 267-4552, Email: 
[email protected].
    RIN: 2120-AK57

BILLING CODE 4910-13-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Proposed Rule Stage

404. Self-Insurance Program Cost Recovery (Section 610 Review) [2126-
AC58]

    Legal Authority: 31 U.S.C. 9701 and 49 U.S.C. 13906(d); 49 U.S.C. 
13908(d)
    Abstract: FMCSA will propose to amend fees collected for the 
processing of new self-insurance applications and add new fees for 
ongoing monitoring of carrier compliance with the self-insurance 
program requirements. Application fees will be directed to FMCSA's 
Licensing and Insurance (L&I) Account while monitoring fees must be 
sent to the Treasury. This rulemaking will amend 49 CFR 360.3T/360.3 to 
ensure that the limited number of primarily large motor carriers that 
benefit from the program bear a proportionate cost of participating in 
the program. FMCSA may also need to amend 49 CFR 360.5T/360.5 to 
reflect any specific updates to the user fee methodology that are 
required by this rulemaking.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Kenneth Riddle, Office Director, Department of 
Transportation, Federal Motor Carrier Safety Administration, 1200 New 
Jersey Avenue SE, W65-308, Washington, DC 20590, Phone: 202 366-9616, 
Email: [email protected].
    RIN: 2126-AC58

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Long-Term Actions

405. Safety Monitoring System and Compliance Initiative for Mexico-
Domiciled Motor Carriers Operating in the United States [2126-AA35]

    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

[[Page 9622]]

evaluate the continuing safety fitness of all Mexico-domiciled carriers 
within 18 months after receiving a provisional Certificate of 
Registration or provisional authority to operate in the United States. 
It also would establish suspension and revocation procedures for 
provisional Certificates of Registration and operating authority, and 
incorporate criteria to be used by FMCSA in evaluating whether Mexico-
domiciled carriers exercise basic safety management controls. The 
interim rule included requirements that were not proposed in the NPRM 
but which are necessary to comply with the FY-2002 DOT Appropriations 
Act. On January 16, 2003, the Ninth Circuit Court of Appeals remanded 
this rule, along with two other NAFTA-related rules, to the agency, 
requiring a full environmental impact statement and an analysis 
required by the Clean Air Act. On June 7, 2004, the Supreme Court 
reversed the Ninth Circuit and remanded the case, holding that FMCSA is 
not required to prepare the environmental documents. FMCSA originally 
planned to publish a final rule by November 28, 2003.
    Timetable:

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

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Crystal E. Williams, Department of Transportation, 
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, 
Washington, DC 20590, Phone: 202 366-0596, Email: 
[email protected].
    RIN: 2126-AA35

BILLING CODE 4910-EX-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Railroad Administration (FRA)

Proposed Rule Stage

406.  Positive Train Control Systems (Section 610 Review) 
[2130-AC95]

    Legal Authority: 49 U.S.C. 20157; 49 U.S.C. 20103
    Abstract: This rulemaking will amend FRA's PTC regulations--Title 
49 Code of Federal Regulations (CFR) part 236, subpart I--to accomplish 
two objectives: (1) Improve FRA's oversight of the performance of PTC 
technology by clarifying and expanding certain reporting requirements, 
and (2) provide a clear framework under which railroads may safely 
operate without PTC technology, subject to operating restrictions and 
other requirements, in certain necessary situations.
    FRA has found that its existing PTC regulations do not provide 
sufficient flexibility to railroads to continue operating following 
initialization failures or in cases where a PTC system needs to be 
temporarily disabled during repair, maintenance, infrastructure 
upgrades, or capital projects. Previously, FRA's regulations provided 
railroads with flexibility that expired on December 31, 2022, and this 
rulemaking will reintroduce a certain flexibility regarding 
initialization failures, establish additional parameters and operating 
restrictions under which railroads may continue to operate safely, and 
codify an existing process for FRA's approval of temporary PTC system 
outages related to repair, maintenance, infrastructure upgrades, and 
capital projects.
    In addition, this rulemaking will create a new exception to permit 
non-revenue passenger trains to operate to yards or maintenance 
facilities, without being governed by PTC technology, under certain 
conditions.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Agency Contact: Amanda Maizel, Attorney-Adviser, Department of 
Transportation, Federal Railroad Administration, 1200 New Jersey Avenue 
SE, Washington, DC 20590, Phone: 202 493-8014, Email: 
[email protected].
    RIN: 2130-AC95

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Railroad Administration (FRA)

Final Rule Stage

407. Train Crew Staffing [2130-AC88]

    Legal Authority: 49 CFR 1.89(a); 49 U.S.C. 20103
    Abstract: This rulemaking would address the potential safety impact 
of one-person train operations, including appropriate measures to 
mitigate an accident's impact and severity, and the patchwork of State 
laws concerning minimum crew staffing requirements. This rulemaking 
would address the issue of minimum requirements for the size of train 
crews, depending on the type of operations. In an effort to encourage 
public participation, FRA extended the comment period from 60 to 146 
days and held a public hearing on December 14, 2022.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/28/22  87 FR 45564
NPRM Comment Period End.............   12/21/22
Final Rule..........................   03/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Amanda Maizel, Attorney-Adviser, Department of 
Transportation, Federal Railroad Administration, 1200 New Jersey Avenue 
SE, Washington, DC 20590, Phone: 202 493-8014, Email: 
[email protected].
    RIN: 2130-AC88

BILLING CODE 4910-06-P

DEPARTMENT OF TRANSPORTATION (DOT)

Saint Lawrence Seaway Development Corporation (SLSDC)

Prerule Stage

408.  Seaway Regulations and Rules: Periodic Update, Various 
Categories (Completion of a Section 610 Review) [2135-AA55]

    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

[[Page 9623]]

amending the joint regulations by updating the Regulations and Rules in 
various categories.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   02/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Carrie Lynn Lavigne, Chief Counsel, Department of 
Transportation, Saint Lawrence Seaway Development Corporation, Great 
Lakes Street, Lawrence Seaway Development Corporation (GLS), 1200 New 
Jersey Avenue SW, Washington, DC 20590, Phone: 315 764-3231, Email: 
[email protected].
    RIN: 2135-AA55

409.  Tariff of Tolls (Completion of a Section 610 Review) 
[2135-AA56]

    Legal Authority: 33 U.S.C. 918 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
------------------------------------------------------------------------
ANPRM...............................   02/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Carrie Lynn Lavigne, Chief Counsel, Department of 
Transportation, Saint Lawrence Seaway Development Corporation, Great 
Lakes Street, Lawrence Seaway Development Corporation (GLS), 1200 New 
Jersey Avenue SW, Washington, DC 20590, Phone: 315 764-3231, Email: 
[email protected].
    RIN: 2135-AA56

BILLING CODE 4910-61-P

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Proposed Rule Stage

410. Pipeline Safety: Gas Pipeline Leak Detection and Repair [2137-
AF51]

    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. PHMSA hosted a public 
meeting covering gas pipeline leak detection and repair on May 5 and 
May 6, 2021, and has scheduled a Gas Pipeline Advisory Committee 
meeting to discuss the NPRM for November 27 through December 1, 2023.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/18/23  88 FR 31890
NPRM Comment Period End.............   08/16/23
Analyzing Comments..................   11/00/23
------------------------------------------------------------------------

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

411. Pipeline Safety: Pipeline Operational Status [2137-AF52]

    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................................   02/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Anna Setzer, Transportation Specialist, Department 
of Transportation, Pipeline and Hazardous Materials Safety 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, Phone: 
202 366-4098, Email: [email protected].
    RIN: 2137-AF52

412. Pipeline Safety: Safety of Gas Distribution Pipelines and Other 
Pipeline Safety Initiatives [2137-AF53]

    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................................   09/07/23  88 FR 61746
NPRM Comment Period End.............   11/06/23
------------------------------------------------------------------------

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

BILLING CODE 4910-60-P

DEPARTMENT OF TRANSPORTATION (DOT)

Maritime Administration (MARAD)

Proposed Rule Stage

413. Cargo Preference--U.S. Flag Vessels Regulatory Update (Section 610 
Review) [2133-AB97]

    Legal Authority: FY23 NDAA, Pub. L. 117-263; 46 U.S.C. 55305; 49 
CFR 1.93(a)
    Abstract: The purpose of this rulemaking is to respond to a 
statutory directive in section 3502 of the National Defense 
Authorization Act for Fiscal Year 2023 (FY23 NDAA) requiring

[[Page 9624]]

MARAD to issue a final rule to implement and enforce the cargo 
preference requirements in 46 U.S.C. 55305(d).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Agency Contact: Thomas Mitchell Hudson, Department of 
Transportation, Maritime Administration, 1200 New Jersey Avenue SE, 
Washington, DC 20590, Phone: 202 366-9373, Email: [email protected].
    RIN: 2133-AB97

DEPARTMENT OF TRANSPORTATION (DOT)

Maritime Administration (MARAD)

Final Rule Stage

414. Amendment to the Federal Ship Financing Program Regulations; 
Financial Requirements (Section 610 Review) [2133-AB98]

    Legal Authority: National Defense Authorization Act for Fiscal Year 
2020, Pub. L. 116-92; 46 U.S.C. ch. 537; 49 CFR 1.93(a)
    Abstract: The proposed rule is intended to update the lending 
parameters in the current regulations, which no longer best achieve the 
intended purpose of minimizing the risk of Title XI Program defaults, 
and to better align the lending practices to reflect Federal credit and 
maritime lending best practices. MARAD expects that the proposed 
regulations will reduce the economic burden on applicants in complying 
with Title XI Program requirements that are inconsistent with other 
lending instruments. MARAD also expects that the updated lending 
parameters could encourage the construction of vessels in United States 
shipyards which otherwise would not meet the current constrained Title 
XI Program financial requirements.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/25/23  88 FR 24962
NPRM Comment Period End.............   06/26/23
Final Rule..........................   12/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Mitch Hudson, Attorney, Department of 
Transportation, Maritime Administration, 1200 New Jersey Avenue SE, 
Washington, DC 20590, Phone: 202 366-9373, Email: [email protected].
    RIN: 2133-AB98

415. Establishing Safe and Secure Merchant Marine Training (Section 610 
Review) [2133-AB99]

    Legal Authority: FY23 NDAA, Pub. L. 117-263; 46 U.S.C. ch. 513; 49 
CFR 1.93(a)
    Abstract: The purpose of this regulation is to improve the safety 
and efficiency of the United States merchant marine through the 
prevention of, and response to, sexual harassment, dating violence, 
domestic violence, and sexual assault onboard vessels on which merchant 
marine cadets are embarked for training purposes.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Action........................   01/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Agency Contact: Thomas Mitchell Hudson, Department of 
Transportation, Maritime Administration, 1200 New Jersey Avenue SE, 
Washington, DC 20590, Phone: 202 366-9373, Email: [email protected].
    RIN: 2133-AB99

[FR Doc. 2024-00449 Filed 2-8-24; 8:45 am]
BILLING CODE 4910-81-P