[Unified Agenda of Federal Regulatory and Deregulatory Actions]
[Department of  Transportation Semiannual Regulatory Agenda
]
[From the U.S. Government Printing Office, www.gpo.gov]



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Part XIV



Department of Transportation



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Semiannual Regulatory Agenda

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DEPARTMENT OF TRANSPORTATION (DOT)                                     



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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

[OST Docket 99-5129]

Department Regulatory Agenda; Semiannual Summary

AGENCY: Office of the Secretary, DOT.

ACTION: Semiannual regulatory agenda.

_______________________________________________________________________

SUMMARY: The regulatory agenda is a semiannual summary of all current 
and projected rulemakings, reviews of existing regulations, and 
completed actions of the Department. The agenda provides the public 
with information about the Department of Transportation's regulatory 
activity. It is expected that this information will enable the public 
to be more aware of and allow it to more effectively participate in the 
Department's regulatory activity. The public is also invited to submit 
comments on any aspect of this agenda.

FOR FURTHER INFORMATION CONTACT:

General

    You should direct all comments and inquiries on the agenda in 
general to Neil R. Eisner, Assistant General Counsel for Regulation 
and Enforcement, Department of Transportation, 400 7th Street SW., 
Washington, DC 20590, (202) 366-4723.

Specific

    You should direct all comments and inquiries on particular 
items in the agenda to the individual listed for the regulation or 
the general rulemaking contact person for the operating 
administration in Appendix B.

    Individuals who use a telecommunications device for the deaf 
(TDD) may call (202) 755-7687.

_______________________________________________________________________

Table of Contents

Supplementary Information:

Background
Significant/Priority Rulemakings
Explanation of Information on the Agenda
Request for Comments
Purpose
Appendix A - Instructions for Obtaining

Copies of Regulatory Documents


Appendix B - General Rulemaking Contact Persons
Appendix C - Public Rulemaking Dockets
Appendix D - Review Plans for Section 610 and Other Requirements

Agenda

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SUPPLEMENTARY INFORMATION:

Background

    Improvement of Government regulations is a prime goal of the 
Clinton Administration. There should be no more regulations than 
necessary, and those that are issued should be simpler, more 
comprehensible, and less burdensome. Regulations should not be 
issued without appropriate involvement of the public; once issued, 
they should be periodically reviewed and revised, as needed, to 
assure that they continue to meet the needs for which they 
originally were designed.

    To help the Department of Transportation (Department) achieve 
these goals and in accordance with Executive Order 12866 
``Regulatory Planning and Review'' (58 FR 51735; October 4, 1993) 
and the Department's Regulatory Policies and Procedures (44 FR 
11034; February 26, 1979), the Department prepares a semiannual 
regulatory agenda. It summarizes all current and projected 
rulemaking, reviews of existing regulations, and completed actions 
of the Department. These are matters on which action has begun or 
is projected during the succeeding 12 months or such longer period 
as may be anticipated or for which action has been completed since 
the last agenda.

    The agendas are based on reports submitted by the offices 
initiating the rulemaking and are reviewed by the Department 
Regulations Council. The Department's last agenda was published in 
the Federal Register on November 9, 1998 (63 FR 62026). The next 
one is scheduled for publication in the Federal Register in October 
1999.

    Last fall, the Department's most significant regulatory actions 
were included in The Regulatory Plan, which was published together 
with the agenda and cross referenced in the agenda. This agenda 
includes those entries with the extra information included for the 
plan entry, since the Plan is only published annually.

    The Department has created an Internet site that provides 
general information about its rulemaking responsibilities and 
activities. It includes hypertext links to numerous other 
departmental sites providing helpful information about DOT 
regulation. The web address for this site is http://regs.dot.gov.

Significant/Priority Rulemakings

    The agenda covers all rules and regulations of the Department, 
including those that establish conditions for financial assistance. 
We have classified rules as a DOT agency priority in the agenda if 
they are, essentially, very costly, controversial, or of 
substantial public interest under Executive Order 12866. All DOT 
agency priority rulemaking documents are subject to review by the 
Secretary of Transportation. If the Office of Management and Budget 
(OMB) decides a rule is subject to its review, we have it 
classified as significant in the agenda.

Explanation of Information on the Agenda

    The format for this agenda is required by Office of Management 
and Budget memorandum of January 8, 1999.

    First, the agenda is divided by initiating offices. Then, the 
agenda is divided into five categories: (1) Prerule stage, (2) 
proposed rule stage, (3) final rule stage, (4) long-term actions, 
and (5) completed actions. For each entry, the agenda provides the 
following information: (1) Its ``significance''; (2) a short 
descriptive title; (3) its legal basis; (4) the related regulatory 
citation in the Code of Federal Regulations; (5) any legal deadline 
and, if so, for what action (e.g., NPRM, final rule); (6) an 
abstract; (7) a timetable, including the earliest expected date for 
a decision on whether to take the action; (8) whether the 
rulemaking will affect small entities and/or levels of government 
and, if so, which categories; (9) whether a Regulatory Flexibility 
Act (RFA) analysis is required (for rules that would have a 
significant economic impact on a substantial number of small 
entities; (10) a listing of any analyses an office will prepare or 
has prepared for the

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action (With minor exceptions, DOT requires an economic analysis 
for all its rulemakings.); (11) an agency contact office or 
official who can provide further information; (12) a Regulation 
Identifier Number (RIN) assigned to identify an individual 
rulemaking in the agenda and facilitate tracing further action on 
the issue; (13) whether the item is part of the Reinventing 
Government effort and, if so, whether it would revise existing text 
in the Code of Federal Regulations or eliminate text; (14) whether 
the action is subject to the Unfunded Mandates Act; and (15) 
whether the action is major under the congressional review 
provisions of the Small Business Regulatory Enforcement Fairness 
Act. If there is information that does not fit in the other 
categories, it will be included under a separate heading entitled 
``Additional Information.''

    For nonsignificant regulations issued routinely and frequently 
as a part of an established body of technical requirements (such as 
the Federal Aviation Administration's Airspace Rules), to keep 
those requirements operationally current, we only include the 
general category of the regulations, the identity of a contact 
office or official, and an indication of the expected number of 
regulations; we do not list individual regulations.

    In the ``Timetable'' column, we use abbreviations to indicate 
the particular documents being considered. ANPRM stands for Advance 
Notice of Proposed Rulemaking, SNPRM for Supplemental Notice of 
Proposed Rulemaking, and NPRM for Notice of Proposed Rulemaking. 
Listing a future date in this column does not mean we have made a 
decision to issue a document; it is the earliest date on which we 
expect to make a decision on whether to issue it. In addition, 
these dates are based on current schedules. Information received 
subsequent to the issuance of this agenda could result in a 
decision not to take regulatory action or in changes to proposed 
publication dates. For example, the need for further evaluation 
could result in a later publication date; evidence of a greater 
need for the regulation could result in an earlier publication 
date.

    Finally, a dot () preceding an entry indicates that the 
entry appears in the agenda for the first time.

Request for Comments

General

    Our agenda is intended primarily for the use of the public. 
Since its inception, we have made modifications and refinements 
that we believe provide the public with more helpful information, 
as well as make the agenda easier to use. We would like you, the 
public, to make suggestions or comments on how the agenda could be 
further improved.

Reviews

    We also seek your suggestions on which of our existing 
regulations you believe need to be reviewed to determine whether 
they should be revised or revoked. We particularly draw your 
attention to the Department's review plan in Appendix D.

Regulatory Flexibility Act

    The Department is especially interested in obtaining 
information on requirements that have a ``significant economic 
impact on a substantial number of small entities'' and, therefore, 
must be reviewed under the Regulatory Flexibility Act. If you have 
any suggested regulations, please submit them to us, along with 
your explanation of why they should be reviewed.

    In accordance with the Regulatory Flexibility Act, comments are 
specifically invited on regulations that we have targeted for 
review under section 610 of the Act. The phrase (Section 610 
Review) appears at the end of the title for these reviews. Please 
see Appendix D for the Department's section 610 review plans.

Plain Language

    The President's ``Plain Language in Government Writing'' 
memorandum of June 1, 1998, requires that we use plain language in 
rulemaking documents. We try to write clearly. However, we solicit 
your comments and suggestions for how to improve the clarity of our 
regulations and specific existing or proposed rules that need 
improvement.

Year 2000 Computer Problem

    We are requesting public comment to assist us in identifying 
rulemaking actions that would affect the private sector's or 
governmental entities' ability to fix their year 2000 computer date 
problem. If we consider a requirement that would mandate business 
process changes and require modifications to computer systems 
between September 30, 1998, and July 1, 2000, as part of the 
development of the proposed and final rule, we will analyze the 
effect of our action and our discretion to consider other 
approaches. If we impose a requirement, a summary of the analysis 
will be included in the preamble that will clearly explain why we 
are imposing it, why there are no acceptable alternatives, and why 
it cannot be delayed. If you see actions identified in this agenda 
that you believe would impose such requirements, we encourage you 
to let us know.

Purpose

    The Department is publishing this regulatory agenda in the 
Federal Register to share with interested members of the public the 
Department's preliminary expectations regarding its future 
regulatory actions. This should enable the public to be more aware 
of the Department's regulatory activity and should result in more 
effective public participation. This publication in the Federal 
Register does not impose any binding obligation on the Department 
or any of the offices within the Department with regard to any 
specific item on the agenda. Regulatory action, in addition to the 
items listed, is not precluded.

    Issued in Washington, DC, on April 6, 1999.

Rodney E. Slater,

Secretary of Transportation.

Appendix A - Instructions for Obtaining Copies of Regulatory Documents

    To obtain a copy of a specific regulatory document in the 
agenda, you should communicate directly with the contact person 
listed with the regulation at the address below.

    United States Coast Guard (USCG)

    (Name of contact person), United States Coast Guard, 2100 2nd 
Street SW., Washington, DC 20593.

    Federal Highway Administration (FHWA)

    (Name of contact person), Federal Highway Administration, 400 
7th Street SW., Washington, DC 20590.

    Federal Railroad Administration (FRA)

    (Name of contact person), Federal Railroad Administration, 400 
7th Street SW., Washington, DC 20590.

    National Highway Traffic Safety Administration (NHTSA)

    (Name of contact person), National Highway Traffic Safety 
Administration, 400 7th Street SW., Washington, DC 20590.

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    Federal Transit Administration (FTA)

    (Name of contact person), Federal Transit Administration, 400 
7th Street SW., Washington, DC 20590.

    Saint Lawrence Seaway Development Corporation (SLSDC)

    (Name of contact person), Saint Lawrence Seaway Development 
Corporation, 400 7th Street SW., Room 5424, Washington, DC 20590.

    Research and Special Programs Administration (RSPA)

    (Name of contact person), Research and Special Programs 
Administration, 400 7th Street SW., Washington, DC 20590.

    Maritime Administration (MARAD)

    Joel C. Richard, Secretary, Maritime Administration, 400 7th 
Street SW., Room 7210, Washington, DC 20590, (202) 366-5746.

    Federal Aviation Administration (FAA)

    The FAA has a mailing list system for notices and advance 
notices of proposed rulemaking (NPRMs and ANPRMs). Persons 
interested in obtaining future copies of all of those documents to 
be issued by the FAA or only of those concerning certain parts of 
the Federal Aviation Regulations should request a copy of Advisory 
Circular No. 11-2, which describes the application procedure, by 
calling (202) 267-3484 or by writing to: Federal Aviation 
Administration, Office of Public Affairs, Attention: Public Inquiry 
Center, APA-230, 800 Independence Avenue SW., Washington, DC 20591.

    Office of the Secretary (OST)

    To obtain a copy of a specific regulatory document or to 
receive future copies of the Department's regulatory agenda write 
to: Assistant General Counsel for Regulation and Enforcement, C-50, 
Office of the General Counsel, Department of Transportation, 
Washington, DC 20590, (202) 366-4723.

Appendix B - General Rulemaking Contact Persons

    The following is a list of persons who can be contacted within 
the Department for general information concerning the rulemaking 
process within the various operating administrations.

    USCG - Pam Pelcovits, Office of Chief Counsel, USCG 
Headquarters Building, Room 3406, 2100 2nd Street SW., Washington, 
DC 20593; telephone: (202) 267-1534.

    FAA - Donald Byrne, Office of Chief Counsel, Regulations and 
Enforcement Division, 800 Independence Avenue SW., Room 915A, 
Washington, DC 20591; telephone: (202) 267-3073.

    FHWA - Thomas Holian, Office of Chief Counsel, 400 7th Street 
SW., Room 4223, Washington, DC 20590; telephone: (202) 366-1383.

    FRA - Colleen Brennan, Office of Chief Counsel, 400 7th Street 
SW., Room 8128, Washington, DC 20590; telephone: (202) 632-3169.

    NHTSA - Nicole H. Fradette, Office of Chief Counsel, 400 7th 
Street SW., Room 5219, Washington, DC 20590; telephone: (202) 366-
2992.

    FTA - Nancy Zaczek, Office of Chief Counsel, 400 7th Street 
SW., Room 9316, Washington, DC 20590; telephone: (202) 366-4011.

    SLSDC - Marc Owen, General Counsel's Office, 400 7th Street 
SW., Room 5424, Washington, DC 20590; telephone: (202) 366-0108.

    RSPA - Edward Bonekemper, Office of Chief Counsel, 400 7th 
Street SW., Room 8405, Washington, DC 20590; telephone: (202) 366-
4400.

    MARAD - Edmund T. Sommer, Jr., Assistant Chief Counsel, 
Maritime Administration, 400 7th Street SW., Room 7230, Washington, 
DC 20590; telephone: (202) 366-5746.

    BTS - David Mednick, 400 7th Street SW., Room 3430, Washington, 
DC 20590; telephone: (202) 366-8871.

    OST - Neil Eisner, Office of Regulation and Enforcement, 400 
7th Street SW., Room 10424, Washington, DC 20590; telephone: (202) 
366-4723.

Appendix C - Public Rulemaking Dockets

    The rulemaking and adjudicatory dockets for all of DOT are 
Internet accessible at the following address: http://dms.dot.gov. 
Examples of documents that may be in the dockets are proposed 
rules, public comments received, supporting analysis, studies, and 
reports.

    The public may review regulatory dockets and hand-deliver 
comments on proposed rulemakings to the Dockets Office at 400 7th 
Street SW., Room PL 401, Washington, DC 20590, 1-800-647-5527. 
Working Hours: 9:00-5:00.

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Appendix D - Review Plans for Section 610 and Other Requirements

 Part I - The Plan

General

    The Department of Transportation has long recognized the 
importance of regularly reviewing its existing regulations to 
determine whether they need to be revised or revoked. Our 1979 
Regulatory Policies and Procedures require such reviews. We also 
have responsibilities under E.O. 12866 (``Regulatory Planning and 
Review'') and section 610 of the Regulatory Flexibility Act to 
conduct such reviews. Finally, on June 1, 1998, the President also 
directed agencies to use plain language in new rules and to 
consider rewriting existing rules when we have the opportunity and 
resources permit. The Department is currently conducting a number 
of reviews of existing rules and is engaged in rulemaking actions 
resulting from reviews.

Section 610 Review Plan

    Section 610 requires that we conduct reviews of rules that (1) 
have been published within the last ten years and (2) have a 
``significant economic impact on a substantial number of small 
entities'' (SEIOSNOSE). 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. To better comply with section 610, the 
Department is updating its regulatory review plan published on June 
29, 1981, to accomplish a more systematic review of all of its 
regulations. The Office of the Secretary and each of the 
Department's Operating Administrations, except for the Federal 
Highway Administration (FHWA), developed a 10-year plan for the 
analysis and review of all their rules. The agencies with smaller 
regulatory programs expect to complete their reviews over a shorter 
period of time. These reviews will comply with section 610 of the 
Regulatory Flexibility Act. FHWA's approach to section 610 reviews 
is described in Part II to this Appendix.

Other Review Plans

    All elements of the Department, except for FHWA and the Federal 
Aviation Administration (FAA), have also elected to use this 10-
year plan process to comply with the review requirements of the 
Department's Regulatory Policies and Procedures, Executive Order 
12866, and the President's directive on plain language. FHWA and 
FAA are using different approaches, which are described in Part II 
to this Appendix.

Changes to the Review Plan

    Some reviews may be conducted earlier than scheduled. For 
example, to the extent resources permit, the plain language reviews 
will be conducted more quickly. Other events, such as accidents, 
may result in the need to conduct earlier reviews of some rules. 
Other factors may also result in the need to make changes; for 
example, we may make changes in response to public comment on this 
plan or in response to a Presidentially-mandated review. If there 
is any change to the review plan, we will note the change in the 
following Unified Agenda. For any section 610 review, we will 
provide the required notice prior to the review.

Part II - The Review Process

    Except as specifically noted for FHWA and FAA at the end of 
this part of the Appendix, each element of the DOT will use the 
following process to review its existing rules.

Year 1 - Analysis

    Generally, the agencies have divided their rules into 10 
different groups and plan to analyze one group each year. The 
analysis for group 1 will take place from fall 1998 to fall 1999, 
group 2 from fall 1999 to fall 2000, and so on. We request public 
comment on the timing of the reviews. For example, is there a 
reason for scheduling an analysis and review for a particular rule 
earlier than we have? Any comments concerning the plan or 
particular analyses can be submitted to the regulatory contacts 
listed in Appendix B, General Rulemaking Contact Persons.

Section 610

    The agency will analyze each of the rules in that year's group 
to determine whether any rule published in the last ten years has a 
SEIOSNOSE, which triggers the need for a review under section 610 
of the Regulatory Flexibility Act. The level of analysis will, of 
course, depend on the nature of the rule and its applicability. We 
request that public comments be submitted to us early in the 
analysis year concerning the small entity impact of the rules to 
help us in making our determinations. In each October's Agenda, the 
agency will publish information on the results of the analyses that 
it has completed during the previous year. For rules that had a 
negative finding on SEIOSNOSE, 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 SEIOSNOSE, we will indicate that during the 
next twelve months, we are going to do a section 610 review to 
determine whether we can lessen the impact. At this stage, we will 
add an entry to the Agenda in the prerulemaking section describing 
the review in more detail. We also will ask for public comment on 
how best to lessen the impact for specific 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

    During this analysis year, 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 October's Agenda, the agency will also publish 
information on the results of the examinations completed during the 
previous year.

Year 2 - Section 610 Review

    During this year we will conduct the review to determine 
whether to revise or revoke the rule to lessen the impact or 
whether we must keep the rule unchanged. At the end of the review 
year, we plan to publish the results of our review. If no changes 
are warranted, we will publish a short explanation. If we are going 
to make a change, we will explain that. In most cases, this will 
involve changing the review entry to the Unified Agenda noting that 
we now plan rulemaking action.

FHWA

    Because of its ongoing zero-based review of its safety rules 
and the need to review many of its financial assistance rules in 
response to the Transportation Efficiency Act for the 21st Century, 
FHWA has not developed a 10-year review plan. In Part IV, it 
describes its ongoing or planned reviews.

FAA

    The Federal Aviation Administration, rather than review a 
portion of its rules

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each year, has established a process by which the public is asked 
for its comments on which rules need review the most. Any 
information that the FAA receives in connection with its annual 
section 610 analyses would, of course, also be reviewed in the 
spirit of E.O. 12866. In addition, in response to a recommendation 
of the White House Commission on Aviation Safety and Security, the 
FAA has completed a review of all its existing regulations to 
identify those in need of rewriting as performance-based or plain 
language regulations. The agency also reviewed ongoing regulatory 
projects and proposals to identify additional candidates for 
revision. In all, the agency reviewed 68 parts of the CFR, 
containing 3,884 sections, appendices, and Special Federal Aviation 
Regulations. In addition to using plain language in its future 
regulations, the FAA intends to revise those regulations identified 
in its study when it has the opportunity and resources to do so.

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. Also, a Governmentwide list of section 610 reviews can be 
located in an Index at the end of the Agenda. For further 
information on the pending reviews, see the Agenda entries.

Part IV - The Schedules

                                             OFFICE OF THE SECRETARY
                                          SECTION 610 AND OTHER REVIEWS
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                                                                                        Analysis
   Year                            Regulations to be Reviewed                             Year       Review Year
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1           14 CFR parts 200 through 212............................................      1998          1999
2           14 CFR parts 213 through 232............................................      1999          2000
3           14 CFR parts 234 through 254............................................      2000          2001
4           14 CFR parts 255 through 298 and part 40................................      2001          2002
5           14 CFR parts 300 through 373............................................      2002          2003
6           14 CFR parts 374 through 398............................................      2003          2004
7           14 CFR part 399 and 49 CFR parts 1 through 11...........................      2004          2005
8           49 CFR parts 17 through 28..............................................      2005          2006
9           49 CFR parts 29 through 39 and parts 41 through 89......................      2006          2007
10          49 CFR parts 91 through 99, 48 CFR parts 1201 through 1253, and new           2007          2008
            parts and subparts......................................................
----------------------------------------------------------------------------------------------------------------

Year 1 (Fall 1998) List of Rules that will be analyzed during the next 
year
14 CFR part 200 - Definitions and instructions
14 CFR part 201 - Air carrier authority under subtitle VII of title 49 
USC
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 211 - Applications for permits to foreign air carriers
14 CFR part 212 - Charter rules for U.S. and foreign air carriers

                                            UNITED STATES COAST GUARD
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations to be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
1           33 CFR parts 1 through 124..............................................      1998          1999
2           33 CFR parts 125 through 199............................................      1999          2000
3           46 CFR parts 41 through 69..............................................      2000          2001
4           46 CFR parts 1 though 49................................................      2001          2002
5           46 CFR parts 70 through 89..............................................      2002          2003
6           46 CFR parts 90 through 139.............................................      2003          2004
7           46 CFR parts 140 through 155............................................      2004          2005
8           46 CFR parts 156 through 165............................................      2005          2006
9           46 CFR parts 166 through 199............................................      2006          2007
10          New parts and subparts..................................................      2007          2008
----------------------------------------------------------------------------------------------------------------

Year 1 (Fall 1998) List of Rules that will be analyzed during the next 
year
33 CFR part 1 - General Provisions
33 CFR part 2 - Jurisdiction
33 CFR part 3 - Coast Guard areas, districts, marine inspection zones, 
and captain of the port zones
33 CFR part 4 - OMB control numbers assigned pursuant to the Paperwork 
Reduction Act
33 CFR part 5 - Coast Guard Auxiliary
33 CFR part 6 - Protection and security of vessels, harbors, and 
waterfront facilities
33 CFR part 8 - United States Coast Guard Reserve
33 CFR part 13 - Decorations, medals, ribbons, and similar devices

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33 CFR part 17 - United States Coast Guard general gift fund
33 CFR part 19 - Waivers of navigation and vessel inspection laws and 
regulations
33 CFR part 20 - Class II Civil Penalties
33 CFR part 23 - Distinctive markings for Coast Guard vessels and 
aircraft
33 CFR part 25 - Claims
33 CFR part 26 - Vessel bridge-to-bridge radiotelephone regulations
33 CFR part 27 - Adjustment of civil monetary penalties for inflation
33 CFR part 40 - Cadets of the Coast Guard
33 CFR part 45 - Enlistment of personnel
33 CFR part 49 - Payment of amounts due mentally incompetent Coast 
Guard personnel
33 CFR part 50 - Coast Guard Retiring Review Board
33 CFR part 51 - Coast Guard Discharge Review Board
33 CFR part 52 - Board for Correction of Military Records of the Coast 
Guard
33 CFR part 53 - Coast Guard whistleblower protection
33 CFR part 54 - Allotments from active duty pay for certain support 
obligations
33 CFR part 60 - [Reserved]
33 CFR part 62 - United States aids to navigation system
33 CFR part 64 - Marking of structures, sunken vessels, and other 
obstructions
33 CFR part 66 - Private aids to navigation
33 CFR part 67 - Aids to navigation on artificial islands and fixed 
structures
33 CFR part 70 - Interference with or damage to aids to navigation
33 CFR part 72 - Marine information
33 CFR part 74 - Charges for Coast Guard aids to navigation work
33 CFR part 76 - Sale and transfer of aids to navigation equipment
33 CFR part 80 - COLREGS demarcation lines
33 CFR part 81 - 72 COLREGS: Implementing rules
33 CFR part 82 - 72 COLREGS: Interpretative rules
33 CFR part 84 - Annex I: Positioning and technical details of lights 
and shapes
33 CFR part 85 - Annex II: Additional signals for fishing vessels 
fishing in close proximity
33 CFR part 86 - Annex III: Technical details of sound signal 
appliances
33 CFR part 87 - Annex IV: Distress signals
33 CFR part 88 - Annex V: Pilot Rules
33 CFR part 89 - Inland navigation rules: Implementing rules
33 CFR part 90 - Inland rules: Interpretative rules
33 CFR part 95 - Operating a vessel while intoxicated
33 CFR part 100 - Marine Events
33 CFR part 109 - General
33 CFR part 110 - Anchorage regulations
33 CFR part 114 - General
33 CFR part 115 - Bridge locations and clearances; administrative 
procedures
33 CFR part 116 - Alteration of unreasonably obstructive bridges
33 CFR part 117 - Drawbridge operation regulations
33 CFR part 118 - Bridge lighting and other signals
33 CFR part 120 - Security of passenger vessels

                                         FEDERAL AVIATION ADMINISTRATION
                                             SECTION 610 REVIEW PLAN
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations to be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
1           14 CFR parts 1 through 21...............................................      1998          1999
2           14 CFR parts 23 through 34..............................................      1999          2000
3           14 CFR parts 35 through 49..............................................      2000          2001
4*          14 CFR parts 61 through 77..............................................      2001          2002
5           14 CFR parts 91 through 10..............................................      2002          2003
6           14 CFR parts 107 through 133............................................      2003          2004
7           14 CFR parts 135 through 147............................................      2004          2005
8           14 CFR parts 150 through 169............................................      2005          2006
9           14 CFR parts 170 through 198............................................      2006          2007
10          14 CFR parts 400 through 415............................................      2007          2008
----------------------------------------------------------------------------------------------------------------

Year 1 (Fall 1998) List of Rules that will be analyzed during the next 
year
14 CFR part 1 - Definitions and abbreviations
14 CFR part 11 - General rulemaking procedures
14 CFR part 13 - Investigative and enforcement procedures

[[Page 21572]]

14 CFR part 14 - Rules implementing the Equal Access to Justice Act of 
1980
14 CFR part 15 - Administrative claims under Federal Tort Claims Act
14 CFR part 16 - Rules of practice for Federally-assisted airport 
enforcement proceedings
14 CFR part 21- Certification procedures for products and parts
*FAA will also review all other rules dealing with alcohol and drugs.

FEDERAL HIGHWAY ADMINISTRATION

SECTION 610 AND OTHER REVIEWS

I. Federal-Aid Highway Program

    The 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 1 of 
title 23 of the USC. Section 145 of title 23 expressly provides 
that chapter 1 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 requirements that States must meet to 
receive Federal funds for the 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, with limited exceptions discussed below. The 
FHWA solicits public comment on this preliminary conclusion.

    In title 23 of the CFR, part 450, ``Planning assistance and 
standards,'' and part 500, ``Management and monitoring systems,'' 
may impact small local governments. The FHWA intends to review 
parts 450 and 500 of title 23 during the next year as part of its 
efforts to implement the Transportation Equity Act for the 21st 
Century (Pub. L. 105-78, June 9, 1998, TEA-21), which reauthorizes 
Federal surface transportation programs. The FHWA solicits public 
comment on whether and how parts 450 and 500 may be amended to 
reduce or eliminate burdens on small entities, including small 
governments.

    Similarly, part 657, ``Certification of size and weight 
enforcement,'' Part 658, ``Truck size and weight, route 
designations - length, width and weight limitations,'' and part 
669, ``Enforcement of heavy vehicle use tax,'' of title 23 may have 
impacts on small governments or small businesses. The FHWA also 
intends to review these regulations in 1999, and public comment is 
solicited on whether and how these regulations may be revised to 
reduce burdens on small entities.

    Implementation of TEA-21 may offer further opportunities to 
reduce the burden of existing regulations on small entities, and 
comment on this possibility is requested.

II. Federal Motor Carrier Safety Regulations

    The FHWA has underway a comprehensive, multi-year project to 
develop modern, uniform safety regulations that are up-to-date, 
clear, concise, easier to understand, and more performance 
oriented. The FHWA has held 11 public outreach meetings, announced 
in the Federal Register, to solicit public involvement in this 
review; a total of 110 industry and government safety 
representatives participated in 14 one-day focus group sessions; 
over 2,000 comments have been received in the public docket so far.

    On November 23, 1994, the FHWA published a final rule removing 
obsolete and redundant regulations identified through this review. 
In addition, on June 18, 1998, the FHWA published another final 
rule (63 FR 33254) removing and amending additional provisions of 
the Federal Motor Carrier Safety Regulations identified through the 
zero-base review.

    The FHWA is now developing a notice of proposed rulemaking that 
would propose a complete revision of the Federal Motor Carrier 
Safety Regulations implementing the results of the FHWA's zero-base 
review of those regulations. The FHWA intends to propose a complete 
reorganization of the safety regulations and a rewrite of those 
regulations using plain language and a question and answer format 
to enhance the clarity and understandability of those regulations. 
In addition, the FHWA intends to better focus the regulations on 
safety while adopting a performance-based approach to the 
regulations and reducing the paperwork associated with compliance 
with the regulations. The FHWA believes that this effort will 
produce regulations which are simpler to understand and to comply 
with, especially for small motor carriers. Small entities will be 
specifically invited in this rulemaking to comment on the agency's 
proposal and to suggest additional ways in which the FHWA can 
reduce burdens on small entities through this or related 
rulemakings to revise the Federal Motor Carrier Safety Regulations.

                                 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations to be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
1           49 CFR parts 501 through 526 and 571.213................................      1998          1999
2           49 CFR parts 571.131 and 571.220 through 571.222........................      1999          2000
3           49 CFR parts 591 through 594............................................      2000          2001
4           49 CFR parts 571.101 through 571.110 and 571.135........................      2001          2002
5           49 CFR parts 529 through 579, except part 571...........................      2002          2003
6           49 CFR parts 571.111 through 571.129 and parts 580 through 590..........      2003          2004
7           49 CFR parts 571.201 through 571.212....................................      2004          2005
8           49 CFR parts 571.214 through 571.219....................................      2005          2006
9           49 CFR parts 571.223 through 571.304, part 500 and new parts and              2006          2007
            subparts under 49 CFR...................................................

[[Page 21573]]


10         23 CFR parts 1200's and 1300's and new parts and subparts under 23 CFR...      2007          2008
----------------------------------------------------------------------------------------------------------------

Year 1 (Fall 1998) List of Rules that will be analyzed during the next 
year
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

                                         FEDERAL RAILROAD ADMINISTRATION
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations to be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
1           49 CFR parts 200 through 201............................................      1998          1999
2           49 CFR parts 207, 209, 211, 215, and 256................................      1999          2000
3           49 CFR parts 210, 212, 214, and 217.....................................      2000          2001
4           49 CFR part 219.........................................................      2001          2002
5           49 CFR parts 218 and 221................................................      2002          2003
6           49 CFR parts 216 and 228 through 229....................................      2003          2004
7           49 CFR parts 223 and 233................................................      2004          2005
8           49 CFR parts 225, 231, and 234..........................................      2005          2006
9           49 CFR parts 235 through 236, 250, 260, and 266.........................      2006          2007
10          49 CFR parts 213, 220, 230, 232, 239, 240, and 265......................      2007          2008
----------------------------------------------------------------------------------------------------------------

Year 1 (Fall 1998) List of Rules that will be analyzed during the next 
year
49 CFR part 200 - Informal rules of practice for passenger service
49 CFR part 201 - Formal rules of practice for passenger service

                                         FEDERAL TRANSIT ADMINISTRATION
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations to be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
1           None....................................................................      1998          1999
2           None....................................................................      1999          2000
3           49 CFR part 661.........................................................      2000          2001
4           49 CFR parts 653 and 654................................................      2001          2002
5           49 CFR part 665.........................................................      2002          2003
----------------------------------------------------------------------------------------------------------------


                                  RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations to be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
1          49 CFR sections 171.15, 171.16 (incident reports) and parts 172, 173,          1998          1999
            178, and 180 (cylinders)................................................
2          49 CFR parts 106 and 107 (hazardous materials safety procedures); 171          1999          2000
            (general hazmat requirements), and 190 (pipeline safety procedures).....
3          49 CFR parts 174, 177 (rail and highway carriage) and 191 (gas pipeline        2000          2001
            transportation reports).................................................
4          49 CFR parts 176 (vessel carriage) and 199 (pipeline employee drug and         2001          2002
            alcohol testing)........................................................
5           49 CFR parts 172 through 178 (radioactive materials) and 192 (gas             2002          2003
            pipeline transportation minimum safety standards).......................
6           49 CFR parts 172, 173, 174, 176, and 178 (explosives) and 193 (liquefied      2003          2004
            natural gas facilities).................................................
7           49 CFR parts 173 (shipper requirements) and 194 (onshore oil pipeline         2004          2005
            response plans).........................................................
8          49 CFR parts 178 (non-bulk packaging) and 195 (hazardous liquid pipeline       2005          2006
            transportation).........................................................

[[Page 21574]]


9          49 CFR parts 178 through 180 (bulk packaging) and 198 (State pipeline          2006          2007
            safety grants)..........................................................
10          49 CFR parts 172 (communications, emergency response, training and            2007          2008
            hazmat table) and 175 (air carriage)....................................
----------------------------------------------------------------------------------------------------------------

Year 1 (Fall 1998) List of Rules that will be analyzed during the next 
year
49 CFR sections 171.15 and 171.16 - Hazardous Materials Incident 
Reports
49 CFR parts 172, 173, 178, 180 - Requirements for Cylinders
A section 610 review was initiated in 1997, and publication of an NPRM 
is anticipated in 1998. See RIN 2137-AA92.

                                             MARITIME ADMINISTRATION
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations to be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
1           46 CFR parts 201 through 207............................................      1998          1999
2           46 CFR parts 221 through 232............................................      1999          2000
3           46 CFR parts 249 through 295............................................      2000          2001
4           46 CFR part 298.........................................................      2001          2002
5           46 CFR parts 307 through 310............................................      2002          2003
6           46 CFR parts 315 through 339............................................      2003          2004
7           46 CFR parts 340 and 347................................................      2004          2005
8           46 CFR parts 349 through 380............................................      2005          2006
9           46 CFR parts 381 through 387............................................      2006          2007
10          46 CFR parts 390 through 391............................................      2007          2008
----------------------------------------------------------------------------------------------------------------

Year 1 (Fall 1998) List of Rules that will be analyzed during the next 
year
46 CFR part 201 - Rules of practice and procedure
46 CFR part 202 - Procedures relating to review by DOT Secretary of 
actions by Maritime Subsidy Board
46 CFR part 203 - Procedures relating to conduct of certain hearings 
under the Merchant Marine Act, 1936, as amended
46 CFR part 204 - Claims against the Maritime Administration under the 
Federal Tort Claims Act
46 CFR part 205 - Audit appeals; policy and procedure
46 CFR part 207 - Statistical data for use in operating-differential 
subsidy application hearings

                                       BUREAU OF TRANSPORTATION STATISTICS
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations to be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
1           14 CFR part 241, Form 41................................................      1998          1999
2           14 CFR part 241, Schedule T-100, and part 217...........................      1999          2000
3           14 CFR part 298, 49 CFR 1249............................................      2000          2001
4           14 CFR part 241, section 19-7...........................................      2001          2002
5           14 CFR part 291.........................................................      2002          2003
6           14 CFR part 234.........................................................      2003          2004
7           14 CFR part 249.........................................................      2004          2005
8           14 CFR part 248.........................................................      2005          2006
9           14 CFR part 250.........................................................      2006          2007
10          14 CFR part 374a, ICAO..................................................      2007          2008
----------------------------------------------------------------------------------------------------------------

Year 1 (Fall 1998) List of Rules that will be analyzed during the next 
year
14 CFR part 241, Form 41 - Report of Financial and Operating Statistics 
for Large Certificated Air Carriers

                                  SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations to be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
1           33 CFR parts 401 through 403............................................      1998          1999
----------------------------------------------------------------------------------------------------------------


[[Page 21575]]

Year 1 (Fall 1998) List of Rules that will be analyzed during the next 
year
33 CFR part 401 - Seaway regulations and rules
33 CFR part 402 - Tariff of Tolls
33 CFR part 403 - Rules of procedure of the Joint Tolls Review Board

[[Page 21576]]



                                  Office of the Secretary--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2073        Domestic Baggage Liability............................................................    2105-AC07
2074        + Update of Drug and Alcohol Procedural Rules (Section 610 Review)....................    2105-AC49
2075        + Computer Reservations System Regulations Comprehensive Review.......................    2105-AC65
2076         Amendment to Traffic Restrictions to North Korea.....................................    2105-AC70
2077        + Aviation Data Requirements Review and Modernization Program.........................    2105-AC71
2078         Filing Periods for Responsive Pleadings; Rules of Practice in Aviation Economic          2105-AC73
            Proceedings...........................................................................
2079        + Participation by Disadvantaged Business Enterprises in Airport Concessions..........    2105-AC76
2080         Compensation for Damage of Expensive Mobility Aids in Air Travel.....................   2105-AC77
----------------------------------------------------------------------------------------------------------------
+ DOT-designated significant regulation.


                                    Office of the Secretary--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2081         Direct Air Carrier Responsibility for Returning Stranded Charter Passengers..........    2105-AA40
2082         Air Travelers: Age Discrimination....................................................    2105-AA45
2083         Direct Flights.......................................................................    2105-AA73
2084         Diversion of Flights Within a Metropolitan Area......................................    2105-AA78
2085         Simplified Aviation Exemption Procedures.............................................    2105-AA82
2086         Baggage Liability Notices in International Air Transportation........................    2105-AA84
2087         Simplified Airline Counter-Sign Notices..............................................    2105-AA88
2088        + Price Advertising...................................................................    2105-AB50
2089        + New Restrictions on Lobbying........................................................    2105-AB57
2090        + Procedures for Transportation Workplace Drug-Testing Programs.......................    2105-AB71
2091         Uniform Administrative Requirements for Grants and Agreements With Institutions of       2105-AC02
            Higher Education, Hospitals, and Other Nonprofit Organizations........................
2092         Use of Direct Final Rulemaking.......................................................    2105-AC11
2093         Overbooking of Flights: Elimination of Airport Notice Signs..........................    2105-AC45
2094         Fees and Charges for Special Services: Reinvention...................................    2105-AC47
2095         Rules of Practice in Aviation Economic Proceedings: Reinvention......................    2105-AC48
2096         Amendments to Modal Alcohol Testing Rules: Pre-Employment Testing....................    2105-AC50
2097         Passenger Tariff-Filing Requirements Exemption.......................................    2105-AC61
2098         Uniform Administrative Requirements for Grants and Cooperative Agreements: Common       2105-AC66
            Rule..................................................................................
----------------------------------------------------------------------------------------------------------------
+ DOT-designated significant regulation.


                                   Office of the Secretary--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2099         Policy Statement on Airline Preemption...............................................    2105-AA46
2100        + Statement of Enforcement Policy on Rebating.........................................    2105-AB39
2101         Smoking Aboard Aircraft..............................................................    2105-AB58
2102        + Accessibility of Passenger Vessels to Individuals With Disabilities.................    2105-AB87
2103        + Transportation for Individuals With Disabilities (Accessibility Guidelines).........    2105-AC06
2104         Use of Oxygen by Air Carrier Passengers..............................................    2105-AC29
2105        + Domestic Passenger Manifest Information.............................................    2105-AC62
2106        + Enforcement Policy: Unfair Exclusionary Conduct in the Air Transportation Industry..   2105-AC72
----------------------------------------------------------------------------------------------------------------
+ DOT-designated significant regulation.


[[Page 21577]]


                                   Office of the Secretary--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2107        + Disadvantaged Business Enterprise (DBE) Regulation; General Update..................    2105-AB92
2108        + Disclosure of Code-Sharing Arrangements and Long-Term Wet Leases....................    2105-AC10
2109         Disclosure of Change-of-Gauge Services...............................................    2105-AC17
2110         Amendments to Opiate Threshold Levels................................................    2105-AC74
2111         Second Extension of Computer Reservations System Rules...............................   2105-AC75
----------------------------------------------------------------------------------------------------------------
+ DOT-designated significant regulation.


                                         U.S. Coast Guard--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2112        + Improvements to Maritime Safety Puget Sound-Area Waters (USCG-1998-4501)............    2115-AF68
2113         Safety of Uninspected Passenger Vessels Under the Passenger Vessel Safety Act of 1993    2115-AF69
            (USCG-1999-5040)......................................................................
2114         Certification of Navigation Lights on Recreational Vessels (CGD 97-060)..............    2115-AF70
2115         Barges Carrying Bulk Liquid Hazardous Material (USCG-1999-5117)......................   2115-AF77
----------------------------------------------------------------------------------------------------------------
+ DOT-designated significant regulation.


                                      U.S. Coast Guard--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2116         Vessel Identification System (CGD 89-050)............................................    2115-AD35
2117         Reporting Marine Casualties (CGD 91-216).............................................    2115-AD98
2118        + Facility Response Plans for Hazardous Substances (CGD 94-048).......................    2115-AE87
2119        + Tank Vessel Response Plans for Hazardous Substances (CGD 94-032) (USCG-1998-4354)...    2115-AE88
2120         Numbering of Undocumented Barges (CGD 93-091) (USCG-1998-3798).......................    2115-AF13
2121         Outer Continental Shelf Activities (CGD 96-068)......................................    2115-AF39
2122         Carriage of Bulk Solid Materials Requiring Special Handling (CGD 97-037).............    2115-AF47
2123        + Towing Vessel Safety (Fire Suppression Systems and Other Measures for Towing            2115-AF53
            Vessels) (CGD 97-064).................................................................
2124         Pollution Prevention for Oceangoing Ships and Certain Vessels in Domestic Service        2115-AF56
            (CGD 97-072)..........................................................................
2125        + Salvage and Firefighting Equipment; Vessel Response Plans (USCG-1998-3417)..........    2115-AF60
2126         Revise Fees To Number Undocumented Vessels in Alaska (USCG-1998-3386)................    2115-AF62
2127         Deep Water Ports (CGD 97-050) (Section 610 Review)...................................    2115-AF63
2128         Commercial Diving Operations (USCG-1998-3786) (Section 610 Review)...................    2115-AF64
2129         Vessel Documentation (USCG-1998-4784)................................................    2115-AF71
2130        + Revised Blood Alcohol Concentration (BAC) Limit (USCG-1998-4593)....................    2115-AF72
2131         Frequency of Inspection, Hull Examination Alternative for Certain Passenger Vessels,     2115-AF73
            and Underwater Surveys for Passenger Vessels (USCG-1999-4976).........................
2132        + Vessel Traffic Service Lower Mississippi/Automatic Identification System Carriage       2115-AF75
            Requirement (USCG-1998-4399)..........................................................
2133         Vapor Control Systems (Section 610 Review) (USCG-1999-5150)..........................    2115-AF78
2134        + Response Plans For Marine Transportation Related Facilities Handling Non-Petroleum     2115-AF79
            Oils (1999-USCG-5149).................................................................
----------------------------------------------------------------------------------------------------------------
+ DOT-designated significant regulation.


                                       U.S. Coast Guard--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2135         Safety/Security Zone Regulations.....................................................    2115-AA97
2136         Special Anchorage Areas/Anchorage Grounds Regulations................................    2115-AA98
2137        + State Access to the Oil Spill Liability Trust Fund (CGD 92-014).....................    2115-AE19
2138         Handling of Explosives or Other Dangerous Cargoes Within or Contiguous to Waterfront     2115-AE22
            Facilities (CGD 92-026)(USCG-1998-4302)...............................................

[[Page 21578]]


2139         Regatta Regulations..................................................................    2115-AE46
2140         Drawbridge Regulations...............................................................    2115-AE47
2141         Regulated Navigation Areas...........................................................    2115-AE84
2142         Regattas and Marine Parades (CGD 95-054).............................................    2115-AF17
2143         Licensing and Manning for Officers of Towing Vessels (CGD 94-055)....................    2115-AF23
2144         Limited Service Domestic Voyage Load Lines for River Barges on Lake Michigan (CGD 95-    2115-AF38
            015) (USCG-1998-4623).................................................................
2145         Traffic Separation Scheme in the Approaches to Delaware Bay (CGD 97-004).............    2115-AF42
2146         User Fees for Marine Licensing, Certificates of Registry, and Merchant Mariner           2115-AF49
            Documents (USCG-1997-2799)............................................................
2147         Implementation of the National Invasive Species Act of 1996 (CGD 97-068)(USCG-1999-      2115-AF55
            3423).................................................................................
2148         Maritime Course Approval Procedures (USCG-1998-3824).................................    2115-AF58
2149         Consolidation of Rules for Proceedings Against Merchant Mariners' Licenses,              2115-AF59
            Certificates, and Documents (94-111)..................................................
2150        + Fire Protection Measures for Towing Vessels (USCG-1998-4445)........................    2115-AF66
2151         Chemical Testing; Management Information System Reporting Requirements (USCG-1998-       2115-AF67
            4469).................................................................................
2152         Incorporations by Reference for Alternate Compliance Program (ACP)(USCG-1999-5004)...    2115-AF74
2153         Standard Measurement System Exemption From Gross Tonnage (USCG-1999-5118)............    2115-AF76
2154         Update of American Society of Testing and Materials (ASTM) Standards (USCG-1999-5151)   2115-AF80
----------------------------------------------------------------------------------------------------------------
+ DOT-designated significant regulation.


                                       U.S. Coast Guard--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2155         Permits for the Transportation of Municipal and Commercial Wastes (CGD 89-014).......    2115-AD23
2156        + Discharge-Removal Equipment for Vessels Carrying Oil (CGD 90-068) (USCG-1998-4858)..    2115-AD66
2157         Tank Level or Pressure Monitoring Devices (CGD 90-071)...............................    2115-AD69
2158         Claims Procedures Under the Oil Pollution Act of 1990 (CGD 91-035)...................    2115-AD90
2159        + Escort Vessels for Certain Tankers (CGD 91-202).....................................    2115-AE10
2160         Amendments to Hull Identification Number Regulations (CGD 92-065)....................    2115-AE37
2161        + Escort Vessels in Certain U.S. Waters (91-202a).....................................    2115-AE56
2162        + Implementation of the 1995 Amendments to the International Convention on Standards      2115-AF26
            of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW) (CGD 95-062)...
2163         Propeller Injury Prevention Aboard Rental Boats (CGD 95-041).........................    2115-AF28
2164        + Emergency Response Plans for Passenger Vessels (USCG-1998-3473).....................    2115-AF61
2165        + Emergency Control Measures for Tank Barges (USCG-1998-4443).........................   2115-AF65
----------------------------------------------------------------------------------------------------------------
+ DOT-designated significant regulation.


                                       U.S. Coast Guard--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2166         Streamlined Inspection Program (CGD 96-055)..........................................    2115-AF37
2167         Coast Guard Vessel Inspection User Fees (CGD 96-067).................................    2115-AF40
2168         Child Development Services (CGD 97-039)..............................................    2115-AF48
2169         Amendment of State Waters for Private Aids to Navigation in Wisconsin and Alabama        2115-AF50
            (USCG-1998-3604)......................................................................
2170         Advance Notice of Arrivals, Vessels Bound for Ports or Places in the United States       2115-AF54
            (CGD 97-067)..........................................................................
2171         Federal Pilotage for Vessels in Foreign Trade (USCG-1998-3323).......................    2115-AF57
----------------------------------------------------------------------------------------------------------------


[[Page 21579]]


                              Federal Aviation Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2172        + Part 145 Review: Repair Stations....................................................    2120-AC38
2173        + Drug Enforcement Assistance.........................................................    2120-AD16
2174        + Aging Aircraft Safety...............................................................    2120-AE42
2175        + Corrosion Control Program...........................................................    2120-AE92
2176        + Flight Operational Quality Assurance Program........................................    2120-AF04
2177        + Air Tour Standards..................................................................    2120-AF07
2178        + Overflights of Units of the National Park System....................................    2120-AF46
2179        + Flight Crewmember Duty Period Limitations, Flight Time Limitations, and Rest            2120-AF63
            Requirements..........................................................................
2180        + Submission to Drug Tests............................................................    2120-AF64
2181        + Passenger Facility Charges..........................................................    2120-AF69
2182         Operational and Structural Difficulty Reports........................................    2120-AF71
2183        + Duration Between Examinations for First- and Second-Airman Medical Certificates.....    2120-AG06
2184         Fees for Aeromedical Education Training Services.....................................    2120-AG07
2185        + False and Misleading Statements Regarding Aircraft Parts............................    2120-AG08
2186        + License Requirements for Operation of a Launch Site.................................    2120-AG15
2187        + Protection of Voluntarily Submitted Information.....................................    2120-AG36
2188        + Licensing and Safety Requirements for Launch From a Non-Federal Launch Site.........    2120-AG37
2189         Civil Penalties: Streamlined Enforcement Test and Evaluation Program; Security; Drug     2120-AG49
            and Alcohol Abatement.................................................................
2190        + Screening of Checked Baggage on Flights Within the United States....................    2120-AG51
2191         Parachute Operations.................................................................    2120-AG52
2192         Flight Plan Requirements for Helicopter Operations Under Instrument Flight Rules.....    2120-AG53
2193         Revision of Air Carrier Crewmember and Training Regulations..........................    2120-AG57
2194        + Transport Airplane Fleet Fuel Tank Ignition Source Review; Flammability Reduction,      2120-AG62
            and Maintenance and Inspection Requirements...........................................
2195         Use of Electronic Signatures.........................................................    2120-AG63
2196         Commercial Space Transportation Reusable Launch Vehicle and Reentry Licensing            2120-AG71
            Regulations...........................................................................
2197         Revised Landing Gear Shock Absorption Test Requirements..............................    2120-AG72
2198        + Grand Canyon National Park; Limits on Air Tour Operations...........................    2120-AG73
2199        + Modification of the Airspace for Grand Canyon National Park.........................    2120-AG74
2200         Training in the Recognition of Hazardous Material....................................    2120-AG75
2201        + Financial Responsibility Requirements for Licensed Reentry Activities...............   2120-AG76
----------------------------------------------------------------------------------------------------------------
+ DOT-designated significant regulation.


                                Federal Aviation Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2202         Objects Affecting Navigable Airspace.................................................    2120-AA09
2203         Miscellaneous Amendments.............................................................    2120-AA50
2204         IFR Altitudes; Miscellaneous Amendments..............................................    2120-AA63
2205         Airworthiness Directives.............................................................    2120-AA64
2206         Standard Instrument Approach Procedures; Miscellaneous Amendments....................    2120-AA65
2207         Airspace Actions.....................................................................    2120-AA66
2208        + Improved Survival Equipment for Inadvertent Water Landings..........................    2120-AC72
2209        + Retrofit of Improved Seats in Air Carrier Transport Category Airplanes..............    2120-AC84
2210        + Sole Radio Navigation System; Minimum Standards for Certification...................    2120-AD26
2211        + Revision of Part 108, Airplane Operator Security....................................    2120-AD45
2212        + Revision of Part 107, Airport Security..............................................    2120-AD46
2213        + Aircraft Ground Deicing and Anti-Icing Program......................................    2120-AE70
2214         Air Traffic Control Radar Beacon System and Mode S Transponder Requirements in the       2120-AE81
            National Airspace System..............................................................
2215         Civil Penalty Assessment Procedures..................................................    2120-AE84
2216         Flight Attendant English Language Proficiency........................................    2120-AE98
2217        + Revised Access to Type III Exits....................................................    2120-AF01
2218        + Training and Checking in Ground Icing Conditions....................................    2120-AF09
2219         Los Angeles, CA, Class B Airspace....................................................    2120-AF16
2220         Revision of Certification Requirements: Mechanics and Repairmen......................    2120-AF22

[[Page 21580]]


2221        + Suspension of Certain Aircraft Operations From the Transponder With Automatic           2120-AF30
            Pressure Altitude Reporting Capability Requirement....................................
2222         Normal Category Rotorcraft Maximum Weight and Passenger Seat Limitation..............    2120-AF33
2223        + Type Certification Procedures for Changed Products..................................    2120-AF68
2224         Miscellaneous Cabin Safety Changes...................................................    2120-AF77
2225         Repair Assessment for Pressurized Fuselages..........................................    2120-AF81
2226        + Commercial Space Transportation Licensing Regulations...............................    2120-AF99
2227         Revision of Certification Requirements: Aircraft Dispatchers.........................    2120-AG04
2228        + Security Programs of Foreign Air Carriers and Foreign Operators of U.S. Registered      2120-AG13
            Air Carriers Engaged in Common Carriage...............................................
2229         Revised Precision Approach Landing Systems Policy....................................    2120-AG16
2230        + Fees for Air Traffic Services for Certain Flights Through U.S.-Controlled Airspace      2120-AG17
            and for Aeronautical Studies..........................................................
2231         Procedures for Protests and Contract Disputes; Amendment of Equal Access to Justice      2120-AG19
            Act Regulations.......................................................................
2232        + Prohibition of the Transportation of Devices Designed as Chemical Generators as         2120-AG35
            Cargo in Aircraft.....................................................................
2233        + Air Tour Operations in the State of Hawaii..........................................    2120-AG44
2234         Part 93 Subpart D--Anchorage, Alaska, Terminal Area..................................    2120-AG45
2235        + Terrain Awareness and Warning System................................................    2120-AG46
2236        + High Density Airports; Allocation of Slots..........................................    2120-AG50
2237        + Policy Regarding Airport Rates and Charges..........................................    2120-AG58
2238         Rotorcraft Load Combination Safety Requirements......................................    2120-AG59
2239         Harmonization of Critical Parts Rotorcraft Regulations...............................    2120-AG60
2240         Noise Certification Standards for Propeller-Driven Small Airplanes...................    2120-AG65
2241         Licensing and Training of Pilots, Flight Instructors, and Ground Instructors Outside     2120-AG66
            the United States.....................................................................
2242         Night Flying Takeoff and Landing Currency............................................   2120-AG77
----------------------------------------------------------------------------------------------------------------
+ DOT-designated significant regulation.


                               Federal Aviation Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2243        + Fuel System Vent Fire Protection....................................................    2120-AA49
2244         Airworthiness Standards; Crash-Resistant Fuel Systems................................    2120-AA57
2245         Low Fuel Quantity Alerting System....................................................    2120-AB46
2246         Aircraft Engines: Fuel and Induction Systems.........................................    2120-AB76
2247         Review of Part 47, Aircraft Registration, and Part 49, Recording of Aircraft Titles      2120-AC17
            and Security Documents................................................................
2248         Installation of Crashworthy Fuselage Fuel Tanks and Fuel Lines.......................    2120-AC87
2249         Airplane Engine Cowling Retention....................................................    2120-AD34
2250         1-G Stalling Speed as a Basis for Compliance With Part 25 of the Federal Aviation        2120-AD40
            Regulations...........................................................................
2251        + Cost of Services and Transfer of Fees to Part 187 From Parts 47, 49, 61, 63, 65, and    2120-AD91
            143...................................................................................
2252         Type Certificates for Some Surplus Aircraft of the Armed Forces......................    2120-AE41
2253        + Airport Noise Compatibility Planning................................................    2120-AE64
2254        + Anti-Drug and Alcohol Misuse Prevention Programs for Employees of Foreign Air           2120-AE79
            Carriers Engaged in Specified Aviation Activities.....................................
2255        + Revision of Emergency Evacuation Demonstration Procedures To Improve Participant        2120-AF21
            Safety................................................................................
2256        + Controlled Rest on the Flight Deck..................................................    2120-AF54
2257         Revision of Hydraulics Systems Airworthiness Standards To Harmonize With European        2120-AF79
            Airworthiness Standards for Transport Category Airplanes..............................
2258         Bird Strike..........................................................................    2120-AF80
2259         Bird Ingestion Standards.............................................................    2120-AF84
2260        + Noise Limitations for Aircraft Operations in the Vicinity of Grand Canyon National      2120-AG34
            Park..................................................................................
2261        + Revised Standards for Cargo or Baggage Compartments in Transport Category Airplanes.    2120-AG42
2262        + Child Restraint Systems.............................................................   2120-AG43
----------------------------------------------------------------------------------------------------------------
+ DOT-designated significant regulation.


[[Page 21581]]


                               Federal Aviation Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2263         Cincinnati, OH, Class B Airspace.....................................................    2120-AE97
2264         Revision of Gate Requirements for High-Lift Device Controls..........................    2120-AF82
2265        + Policy and Procedures Concerning the Use of Airport Revenue.........................    2120-AG01
2266         Harmonization of Miscellaneous Rotorcraft Regulations................................    2120-AG23
2267        + Employment History, Verification and Criminal History Records Check.................    2120-AG32
2268         Special Federal Aviation Regulation No. 36, Development of Major Repair Data.........    2120-AG64
2269         Emission Standards for Turbine Engine Powered Airplanes..............................    2120-AG68
2270         Special Flight Rules in the Vicinity of the Grand Canyon National Park...............    2120-AG69
2271         Crewmember Interference, Portable Electronic Devices and Other Passenger Related        2120-AG70
            Requirements..........................................................................
----------------------------------------------------------------------------------------------------------------
+ DOT-designated significant regulation.


                                  Federal Highway Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2272        + Advanced Technology in Commercial Motor Vehicle Operations (Section 610 Review).....    2125-AD65
2273         Mitigation of Impacts to Wetlands....................................................    2125-AD78
2274        + General Requirements; Inspection, Repair, and Maintenance; Intermodal Container         2125-AE40
            Chassis and Trailers..................................................................
2275        + Federal Lands Highway Program; Transportation Planning Procedures and Management        2125-AE52
            Systems Pertaining to the National Park Service, Including the Park Roads and Parkways
            Program...............................................................................
2276        + Federal Lands Highway Program; Transportation Planning Procedures and Management        2125-AE53
            Systems Pertaining to the Bureau of Indian Affairs, Including the Indian Reservations
            Road Program..........................................................................
2277        + Federal Lands Highway Program; Transportation Planning Procedures and Management        2125-AE54
            Systems Pertaining to the Fish and Wildlife Service, Including the Refuge Roads
            Program...............................................................................
2278        + Federal Lands Highway Program; Transportation Planning Procedures and Management       2125-AE55
            Systems Pertaining to the Forest Service, Including the Forest Highways Program.......
----------------------------------------------------------------------------------------------------------------
+ DOT-designated significant regulation.


                               Federal Highway Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2279         Acquisition of Real Property for Rights-of-Way.......................................    2125-AC17
2280         Commercial Learner Permits and CDL Effectiveness.....................................    2125-AC54
2281         Certification of Size and Weight Enforcement.........................................    2125-AC60
2282        + Minimum Training Requirements for Operators and Training Instructors of Multiple        2125-AC92
            Trailer Combination Vehicles..........................................................
2283        + Training for Entry-Level Drivers of Commercial Motor Vehicles.......................    2125-AD05
2284        + Commercial Driver Physical Fitness as Part of the CDL Process.......................    2125-AD20
2285        + Department of Transportation (FHWA and FTA) NEPA and Related Procedures for             2125-AD32
            Transportation Decisionmaking.........................................................
2286         Rules of Practice for Motor Carrier Proceedings; Investigations; Disqualifications       2125-AD64
            and Penalties.........................................................................
2287         Safety Performance History of New Drivers............................................    2125-AD66
2288         Parts and Accessories Necessary for Safe Operation; Television Receivers and Data        2125-AD76
            Display Units.........................................................................
2289        + Hours of Service of Drivers (Section 610 Review)....................................    2125-AD93
2290         Electronic Filing of Surety Bonds, Trust Fund Agreements, Insurance Certificates;        2125-AD94
            Cancellations.........................................................................
2291        + Development of a North American Standard for Protection Against Shifting and Falling    2125-AE05
            Cargo.................................................................................
2292        + Qualifications of Motor Carriers to Self-Insure Their Operations and Fees To Support    2125-AE06
            the Approval and Compliance Process...................................................
2293        + Federal Motor Carrier Safety Regulations; Hours-of-Service and CDL Exemptions.......    2125-AE09
2294         Minimum Levels of Financial Responsibility for Mexican Motor Carriers................    2125-AE14
2295        + Application of the National Transportation Communications for ITS Protocol (NTCIP)      2125-AE21
            Standards in ITS Projects.............................................................
2296        + Federal Motor Carrier Safety Regulations; Definition of Commercial Motor Vehicle....    2125-AE22
2297         Emergency Relief Program--$500,000 Disaster Eligibility Threshold....................    2125-AE27
2298         Commercial Driver Disqualification Provisions........................................    2125-AE28
2299         Work Zone Safety.....................................................................    2125-AE29

[[Page 21582]]


2300        + Revision of Application Form for Mexican Motor Carriers: Commercial Zones...........    2125-AE31
2301        + Revision of Application Form for Mexican Motor Carriers: NAFTA......................    2125-AE32
2302        + Accelerated Safety Monitoring System and Compliance Initiative for Mexican Motor        2125-AE33
            Carriers Operating in the United States...............................................
2303         Safety Fitness Procedures............................................................    2125-AE37
2304        + Federal Motor Carrier Safety Regulations; Zero-Base Revision........................    2125-AE42
2305         Administration of Engineering and Design Related Services Contracts..................    2125-AE45
2306         Motor Carrier Safety Assistance Program (MCSAP)......................................    2125-AE46
2307         Revision of the Manual on Uniform Traffic Control Devices; Tourist Oriented              2125-AE50
            Directional Signs, Recreation and Cultural Interest Signs, and Traffic Controls for
            Bicycle Facilities....................................................................
2308         Procedures for Abatement of Highway Traffic Noise and Construction Noise.............    2125-AE51
2309        + Safety Fitness Procedures--Unsatisfactory Safety Ratings............................   2125-AE56
----------------------------------------------------------------------------------------------------------------
+ DOT-designated significant regulation.


                                Federal Highway Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2310         Revision of Medical Examination Form and Procedures..................................    2125-AC63
2311        + Parts and Accessories Necessary for Safe Operation; Lighting Devices, Reflectors,       2125-AD27
            and Electrical Equipment..............................................................
2312        + Federal Motor Carrier Safety Regulations; General; Motor Vehicle Marking............    2125-AD49
2313         National Standards for Traffic Control Devices; Metric Conversion....................    2125-AD63
2314         Standards for Center Line and Edge Line Markings on Streets and Highways.............    2125-AD68
2315         Federal-Aid Highway Systems..........................................................    2125-AD74
2316        + Railroad Grade Crossing Safety......................................................    2125-AD75
2317         Uniform Procedures for State Highway Safety Programs.................................    2125-AD79
2318         Railroad Highway Projects............................................................    2125-AD86
2319         Registration of For-Hire Motor Carriers, Property Brokers, and Freight Forwarders....    2125-AE01
2320        + Parts and Accessories Necessary for Safe Operation; Rear Impact Guards and Rear         2125-AE15
            Impact Protection.....................................................................
2321         Transportation of Household Goods; Consumer Protection Regulations...................    2125-AE30
2322         Truck Size and Weight; Definitions; Nondivisible.....................................    2125-AE43
2323         Right-of-Way Program Administration..................................................    2125-AE44
2324        + Credit Assistance for Surface Transportation Projects...............................   2125-AE49
----------------------------------------------------------------------------------------------------------------
+ DOT-designated significant regulation.


                                Federal Highway Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2325        + Qualification of Drivers; Diabetes..................................................    2125-AB91
2326        + Commercial Driver's License Standards; Biometric Identifier.........................    2125-AC24
2327        + Federal Motor Carrier Safety Regulations; General; Periodic Registration                2125-AC28
            Requirements for Motor Carriers.......................................................
2328         Truck Length and Width Exclusive Devices.............................................    2125-AC30
2329         Periodic Inspection Requirements.....................................................    2125-AC47
2330        + Qualification of Drivers; Vision....................................................    2125-AC62
2331         Parts and Accessories Necessary for Safe Operation: Intermodal Cargo Containers......    2125-AC74
2332        + Federal Motor Carrier Safety Regulations; General Transportation of Hazardous           2125-AC78
            Materials.............................................................................
2333        + Qualifications of Drivers: Hearing Deficiencies.....................................    2125-AD22
2334         Highway Beautification...............................................................    2125-AD24
2335         Parts and Accessories Necessary for Safe Operation; Sleeper Berths on Motor Coaches..    2125-AD25
2336         Motor Carrier Safety Assistance Program (MCSAP) Allocation Formula...................    2125-AD30
2337        + Hours of Service of Drivers; Supporting Document Recordkeeping......................    2125-AD52
2338         Advanced Construction of Federal Aid Projects........................................    2125-AD59
2339        + Transportation of Migrant Workers...................................................    2125-AD81
2340         Inspection, Repair, and Maintenance..................................................    2125-AD82

[[Page 21583]]


2341        + Motor Carrier Replacement Information/Registration System...........................    2125-AD91
2342         General Jurisdiction Over Freight Forwarder Service..................................    2125-AE00
2343         Traffic Control Devices, Markings, Signals, and Systems for Railroad-Highway Grade       2125-AE11
            Crossings.............................................................................
2344        + English Language Requirement; Qualifications of Drivers.............................    2125-AE19
2345         Revision of Manual on Uniform Traffic Control Devices; General Provisions and Traffic    2125-AE25
            Control for School Areas..............................................................
2346         Out-of-Service Criteria..............................................................    2125-AE35
2347         Revision of the Manual on Uniform Traffic Control Devices; Part II--Signs............    2125-AE38
2348         National Standards for Traffic Control Devices; MUTCD; Minimum Retroreflectivity         2125-AE39
            Requirements for Traffic Signs........................................................
2349         Federal Motor Carrier Safety Regulations; Waivers, Exemptions, and Pilot Programs;      2125-AE48
            Rules and Procedures..................................................................
----------------------------------------------------------------------------------------------------------------
+ DOT-designated significant regulation.


                                Federal Highway Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2350         Regulations Governing Fees for Services Performed in Connection With Motor Carrier       2125-AE24
            Licensing and Insurance...............................................................
2351         Exemption of Commonly Owned Motor Carriers From Equipment Identification and Receipt     2125-AE26
            Requirements Applicable to Leased and Interchanged Vehicles...........................
2352         Uniform Relocation Assistance and Real Property Acquisition Regulations for Federal      2125-AE34
            and Federally Assisted Programs.......................................................
2353         Truck Size and Weight; National Network; North Dakota................................    2125-AE36
2354         Truck Size and Weight; Technical Corrections.........................................    2125-AE47
----------------------------------------------------------------------------------------------------------------


                          National Highway Traffic Safety Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2355         Certification Requirements of Multistage Vehicles....................................    2127-AE27
2356         Review: Passenger-Car Back Seat Occupant Protection..................................    2127-AE95
2357         Add-On Seat Belt Devices.............................................................    2127-AG49
2358         Booster Seats for Older Children.....................................................    2127-AH14
2359         Ejection Mitigation Using Advanced Glazing...........................................    2127-AH50
----------------------------------------------------------------------------------------------------------------


                       National Highway Traffic Safety Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2360         Procedures for Considering Environmental Impacts.....................................    2127-AB79
2361        + Rollover Protection.................................................................    2127-AC64
2362        + Wheelchair Lifts....................................................................    2127-AD50
2363         Radiator Safety Cap..................................................................    2127-AE59
2364         Upgrade Performance Requirements.....................................................    2127-AF36
2365         Door Latch Exemption for Vehicles Equipped With Wheelchair Lifts and Ramps...........    2127-AG16
2366         Dealer Notification of Defect or Noncompliance Determination.........................    2127-AG27
2367         Convex Cross-View Mirrors............................................................    2127-AG41
2368         Upgrade Roof Crashworthiness.........................................................    2127-AG51
2369        + Advanced Air Bags...................................................................    2127-AG70
2370         Advanced Air Bag Dummy Rule for CRABI 12-Month-Old Size..............................    2127-AG78
2371         Advanced Air Bag Dummy Rule for Hybrid III 95th Percentile Male......................    2127-AG79
2372         Administrative Rewrite for Headlamp Requirements.....................................    2127-AG87
2373         Motorcycle Mounted Reflex Reflector Height...........................................    2127-AG92
2374        + Allocation of Fuel Economy Credits..................................................    2127-AG97
2375         Buy American Requirements............................................................    2127-AG99

[[Page 21584]]


2376         Political Subdivision Participation in State Highway Safety Programs and State           2127-AH00
            Highway Safety Agency.................................................................
2377         Placement of Wheelchair Restraints on Buses..........................................    2127-AH03
2378         Incorporate the 1996 Revision of the American National Standards Institute (ANSI)....    2127-AH08
2379         Harmonization of Head Restraints.....................................................    2127-AH09
2380         Truck Air Braking Requirements.......................................................    2127-AH11
2381         Motorcycle Braking Requirements......................................................    2127-AH15
2382         Heavy Vehicle Antilock Brake System (ABS) Performance Requirement....................    2127-AH16
2383         Definition of Community Transportation Vehicles......................................    2127-AH23
2384         Metric Conversion--Phase III.........................................................    2127-AH27
2385         Public Participation in Activities Relating to the Agreement on Global Technical         2127-AH29
            Regulations: Statement of Policy......................................................
2386         Motor Vehicle Content Labeling Calculation...........................................    2127-AH33
2387         Upgrade Door Retention Performance...................................................    2127-AH34
2388         Theft Data for Calendar Year 1997....................................................    2127-AH35
2389         Administrative Rewrite of the Lighting Requirements Other Than Headlamps.............    2127-AH37
2390         Importation of Vehicles and Equipment Suppliers--Technical Amendment.................    2127-AH45
2391         Use of Universal Child Seats in Aircraft.............................................    2127-AH56
2392         Parking Brake Warning System on School Buses.........................................    2127-AH57
2393         Exemption for Inconsequential Defect or Noncompliance................................    2127-AH58
2394         Upper Interior Impact................................................................    2127-AH61
2395         Insurer Reporting Requirements for October 1999......................................   2127-AH62
----------------------------------------------------------------------------------------------------------------
+ DOT-designated significant regulation.


                        National Highway Traffic Safety Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2396         Brake Lining.........................................................................    2127-AC66
2397         Seating Systems Performance..........................................................    2127-AD08
2398         Seat Adjustment Position.............................................................    2127-AE22
2399         Test Device Placement................................................................    2127-AF40
2400         Electric Vehicle Safety..............................................................    2127-AF43
2401         Alternative Geometric Visibility Requirements for Lamps..............................    2127-AF75
2402         Power-Operated Windows: Roof Panels..................................................    2127-AF83
2403         Automotive Fuel Economy Reports......................................................    2127-AG00
2404         Power Window Safety Switches.........................................................    2127-AG36
2405         Modified Vehicles To Accommodate a Person's Disability...............................    2127-AG40
2406         Pelvic Restraints....................................................................    2127-AG48
2407         Fifth Percentile Female Dummy........................................................    2127-AG66
2408         Consumer Information on Tire Grading.................................................    2127-AG67
2409         Transition Procedures From Current to New National Driver Register...................    2127-AG68
2410         Advanced Air Bag Dummy Rule for Hybrid III Type 6-Year-Old Size......................    2127-AG76
2411         Advanced Air Bag Dummy Rule for Hybrid III Type 3-Year-Old Size......................    2127-AG77
2412         Glare Reduction From Daytime Running Lamps...........................................    2127-AG86
2413         Signal Lamps Used With Light Emitting Diodes.........................................    2127-AG88
2414         Extend Participation in the National Driver Register Program.........................    2127-AG90
2415         Fuel Economy Calculations............................................................    2127-AG95
2416         Uniform Tire Quality Grading Test Procedures.........................................    2127-AG96
2417         Tire Identification Symbols..........................................................    2127-AH10
2418         Functional Equivalence of Headlamp Concealment With European Regulations.............    2127-AH18
2419         Functional Equivalence of Windshield Washing and Wiping Systems with European            2127-AH20
            Regulations...........................................................................
2420         Functional Equivalence of Windshield Defrosting and Defogging Systems With European      2127-AH22
            Regulations...........................................................................
2421         Extension of Passenger Car Brake System Standard to Light Trucks and Vans (LTVs) With    2127-AH30
            Gross Vehicle Weight Rating Between 3,500 and 4,536 Kg................................
2422         High-Theft Lines for Model Year 2000.................................................    2127-AH36
2423        + Safety Incentive Grants for Use of Seat Belts.......................................    2127-AH38
2424        + State Incentives to Prevent Operation of Motor Vehicles by Intoxicated Persons......    2127-AH39
2425         Occupant Protection Incentive Grants.................................................    2127-AH40

[[Page 21585]]


2426         Open Container Requirements..........................................................    2127-AH41
2427         Alcohol-Impaired Driving Countermeasures Incentive Grants............................    2127-AH42
2428         State Highway Safety Data Improvements Incentive Grants..............................    2127-AH43
2429        + Uniform Criteria for State Observational Surveys of Seat Belt Use...................    2127-AH46
2430         Minimum Penalties for Repeat Offenders...............................................    2127-AH47
2431         Adjustment of Civil Penalties........................................................    2127-AH48
2432         Certification Requirements for Vehicle Alterers......................................    2127-AH49
2433        + Light Truck Fuel Economy Standards for Model Year 2001..............................    2127-AH52
2434         Uniform Procedures for State Highway Safety Programs.................................    2127-AH53
2435         Procedures for Participation in and Receiving Data From the National Driver Register     2127-AH54
            Problem Driver Pointer System.........................................................
2436         Extension of Compliance Date for ABS Malfunction Indicator Lamp......................    2127-AH55
2437         Bumper Standard Requirements.........................................................    2127-AH59
2438         Dynamically Deploying Head Protection Systems........................................   2127-AH60
----------------------------------------------------------------------------------------------------------------
+ DOT-designated significant regulation.


                        National Highway Traffic Safety Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2439        + Crashworthiness Ratings.............................................................    2127-AA03
2440        + Flammability of Interior Materials--School Buses....................................    2127-AA44
2441         Review: Odometer Fraud...............................................................    2127-AF53
2442        + Review: Side Impact Protection......................................................    2127-AF54
2443         Review: American Automobile Labeling Act.............................................    2127-AG18
2444         Review: Heavy Truck Conspicuity......................................................    2127-AG19
2445         State Issued Identification Documents................................................    2127-AG91
2446         Review: Child Safety Seat Registration...............................................    2127-AG93
2447         Review: Air Bag On-Off Switches......................................................    2127-AH12
2448         Review: Depowered Air Bags...........................................................    2127-AH13
2449         Transmission Control Levers..........................................................   2127-AH21
----------------------------------------------------------------------------------------------------------------
+ DOT-designated significant regulation.


                        National Highway Traffic Safety Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2450         Review: Lamps, Reflective Devices, and Associated Equipment..........................    2127-AB76
2451        + School Bus Body Joint Strength......................................................    2127-AC19
2452         Driving Range Determination for Dual Fuel Electric Passenger Automobiles.............    2127-AF37
2453         Cylinder Requirements................................................................    2127-AF51
2454         Review: Theft Prevention--5-Year Report to Congress..................................    2127-AF55
2455         Auxiliary Signal Lamps...............................................................    2127-AG38
2456         Hybrid III Dummy Specifications--Clothing............................................    2127-AG39
2457        + Uniform Child Anchorages............................................................    2127-AG50
2458         Utility Vehicle Label................................................................    2127-AG53
2459         Certification Labels for Multipurpose Passenger Vehicles and Light Duty Trucks.......    2127-AG65
2460         Uniform Procedures for State Highway Safety Programs.................................    2127-AH01
2461         Insurer Reporting Requirements for October 1998......................................    2127-AH05
2462         Depowering of Air Bags: Technical Amendment..........................................    2127-AH24
2463         Warning Light Requirements for Air Bag On-Off Switch.................................    2127-AH25
2464         List of Nonconforming Vehicles Eligible for Importation..............................    2127-AH28
2465         Thermal Test Procedure for Passenger Car Brake System Standard.......................    2127-AH31
2466         Temporary Exemption From Federal Motor Vehicle Safety Standards and Bumper Standard..   2127-AH51
----------------------------------------------------------------------------------------------------------------
+ DOT-designated significant regulation.


[[Page 21586]]


                                 Federal Railroad Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2467        + Hours of Service Electronic Recordkeeping Project...................................    2130-AB04
2468         Tourist and Historic Working Group Regulatory Review.................................   2130-AB12
----------------------------------------------------------------------------------------------------------------
+ DOT-designated significant regulation.


                              Federal Railroad Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2469        + Whistle Bans at Highway-Rail Grade Crossings........................................    2130-AA71
2470        + Locomotive Cab Working Conditions...................................................    2130-AA89
2471        + Environmental Impact and Related Procedures (FRA, FTA, FHWA)........................    2130-AA93
2472        + Positive Train Control..............................................................    2130-AA94
2473        + Locomotive Crashworthiness..........................................................    2130-AB23
2474        + Amendment of Regulations Governing Railroad Rehabilitation and Improvement Financing    2130-AB26
2475         Roadway Maintenance Machine Safety...................................................    2130-AB28
2476         Track Safety Standards Amendment To Address Gage Restraint Measurement Systems.......    2130-AB32
2477        + Joint Statement of Safety Policy for Shared Use of General Railroad System Trackage     2130-AB33
            by Conventional Railroad and Rail Transit Trains......................................
2478         Event Recorder Crashworthiness.......................................................   2130-AB34
----------------------------------------------------------------------------------------------------------------
+ DOT-designated significant regulation.


                                Federal Railroad Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2479         Local Rail Freight Assistance to States..............................................    2130-AA60
2480        + Freight Car Safety Standards: Maintenance-of-Way Equipment..........................    2130-AA68
2481         Qualification and Certification of Locomotive Engineers..............................    2130-AA74
2482        + Passenger Equipment Safety Standards................................................    2130-AA95
2483         Maintenance, Inspection, and Testing of Grade-Crossing Signal Systems................    2130-AA97
2484         Statement of Policy Regarding Safety of Railroad Bridges.............................    2130-AA99
2485         Reinvention of Regulations Addressing Discontinuance or Modification of Signal           2130-AB05
            Systems...............................................................................
2486         Reinvention of Signal System Reporting Requirements..................................    2130-AB06
2487         Reinvention of Steam Locomotive Inspection Regulations...............................    2130-AB07
2488         Florida Overland Express High Speed Rail Rule of Particular Applicability............    2130-AB14
2489         Small Railroads; Policy Statement on Enforcement Program.............................    2130-AB15
2490        + Power Brake Regulations: Freight Power Brake Revisions..............................    2130-AB16
2491         Use of Remotely Controlled Locomotives in Rail Operations............................    2130-AB17
2492         Use of One-Person Crews in Rail Operations...........................................    2130-AB18
2493        + Regulations on Safety Integration Plans Governing Railroad Consolidations, Mergers,     2130-AB24
            Acquisitions of Control and Start-Up Operations.......................................
2494         Bridge Worker Safety Standards.......................................................    2130-AB25
2495         Planning Activities Under the Magnetic Levitation Transportation Technology              2130-AB29
            Deployment Program....................................................................
2496         Annual Adjustment of Monetary Threshold for Reporting Rail Equipment Accidents/          2130-AB30
            Incidents.............................................................................
2497         Determination of Minimum Testing Rate for Random Drug and Alcohol Testing............   2130-AB31
----------------------------------------------------------------------------------------------------------------
+ DOT-designated significant regulation.


                               Federal Railroad Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2498         AMTRAK Waste Disposal................................................................    2130-AA84
2499         Protection of Utility Employees......................................................    2130-AA90

[[Page 21587]]


2500         Crane Safety Standards...............................................................    2130-AB27
----------------------------------------------------------------------------------------------------------------


                                  Federal Transit Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2501         Proposed Expanded Reporting of Safety and Security Portion of the National Transit       2132-AA60
            Database..............................................................................
----------------------------------------------------------------------------------------------------------------


                               Federal Transit Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2502        + Department of Transportation (FTA, FHWA) and Related Procedures for Transportation      2132-AA43
            Decisionmaking........................................................................
2503         Buy America Requirements; Amendment to Certification Procedures......................    2132-AA62
2504        + Major Capital Investment Projects...................................................    2132-AA63
2505         Clean Fuels Formula Grant Program....................................................    2132-AA64
2506         Planning.............................................................................    2132-AA66
2507         School Bus Operations................................................................   2132-AA67
----------------------------------------------------------------------------------------------------------------
+ DOT-designated significant regulation.


                                Federal Transit Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2508        + Bus Testing.........................................................................    2132-AA30
2509         Charter Services Demonstration Program...............................................   2132-AA58
----------------------------------------------------------------------------------------------------------------
+ DOT-designated significant regulation.


                                Federal Transit Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2510         Prevention of Alcohol Misuse in Transit Operations; Prevention of Prohibited Drug Use    2132-AA56
            in Transit Operations.................................................................
2511         ``Maintenance'' Under Definition of Safety-Sensitive Functions in Drug and Alcohol       2132-AA61
            Rules.................................................................................
2512         Capital Leases.......................................................................    2132-AA65
----------------------------------------------------------------------------------------------------------------


                           Research and Special Programs Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2513         Applicability of the Hazardous Materials Regulations.................................    2137-AC68
2514         Hazardous Materials: Revision of Requirements for Carriage by Aircraft...............    2137-AD18
2515         Hazardous Materials: Revisions to the Incident Reporting Requirements and the            2137-AD21
            Detailed Hazardous Materials Incident Report DOT Form 5800.1..........................
2516         Hazardous Materials: Air Carrier Emergency Telephone Number Requirements.............    2137-AD29
----------------------------------------------------------------------------------------------------------------


[[Page 21588]]


                        Research and Special Programs Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2517        + Requirements for Cylinders (Section 610 Review).....................................    2137-AA92
2518         Pipeline Safety: Gas Gathering Line Definition.......................................    2137-AB15
2519         DOT 3AL Aluminum Cylinders; Safety Problems..........................................    2137-AB51
2520         Pipeline Safety: Underwater Abandoned Pipeline Facilities............................    2137-AC33
2521         Areas Unusually Sensitive to Environmental Damage (USAs).............................    2137-AC34
2522        + Increased Inspection Requirements...................................................    2137-AC38
2523        + Emergency Flow Restricting Devices..................................................    2137-AC39
2524         Pipeline Safety: Periodic Underwater Inspections.....................................    2137-AC54
2525         Hazardous Materials: Requirements for Cargo Tanks....................................    2137-AC90
2526        + Hazardous Materials: Safety Standards for Unloading Cargo Tank Motor Vehicles in        2137-AD07
            Liquefied Compressed Gas Service......................................................
2527         Hazardous Materials: Revisions to Standards for Infectious Substances................    2137-AD13
2528         Transportation of Hazardous Materials; Miscellaneous Amendments......................    2137-AD16
2529        + Hazardous Materials Transportation: Registration and Fee Assessment Program.........    2137-AD17
2530         Hazardous Materials: Revision and Consolidation of Requirements for Carriage by Rail     2137-AD19
            Car and Motor Vehicle.................................................................
2531         Pipeline Safety: Enforcement Procedures..............................................    2137-AD22
2532         Pipeline Safety: Periodic Updates to Pipeline Safety Regulations (1998)..............    2137-AD23
2533         Pipeline Safety: Corrosion Control on Gas and Hazardous Liquid Pipelines.............    2137-AD24
2534         Pipeline Safety: Gas and Hazardous Liquid Pipeline Repair............................    2137-AD25
2535         Pipeline Safety: Pressure Testing Older Pipelines in Terminals.......................    2137-AD26
2536         Hazardous Materials: Hazard Communication Requirements-- Petitions for Rulemaking and    2137-AD28
            Miscellaneous Amendments..............................................................
2537         Hazardous Materials: Revised and Clarified Hazardous Materials Exemptions Procedures.   2137-AD30
----------------------------------------------------------------------------------------------------------------
+ DOT-designated significant regulation.


                         Research and Special Programs Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2538         Quantity Limitations Aboard Aircraft.................................................    2137-AA85
2539        + Pipeline Safety: Qualification of Pipeline Personnel................................    2137-AB38
2540         Determining the Extent of Corrosion on Exposed Gas Pipelines.........................    2137-AB50
2541         Passage of Internal Inspection Devices...............................................    2137-AB71
2542         Pipeline Safety: Adoption of Industry Standards for Breakout Tanks...................    2137-AC11
2543         Tank Cars and Cargo Tank Motor Vehicles: Attendance Requirements.....................    2137-AC24
2544        + Response Plans for Onshore Oil Pipelines............................................    2137-AC30
2545         Filling of Propane Cylinders.........................................................    2137-AC86
2546        + Prohibition of Oxidizers Aboard Aircraft............................................    2137-AC92
2547         Pipeline Safety: Adoption of Industry Standards for Liquefied Natural Gas Facilities.    2137-AD11
2548         Hazardous Materials: Revised and Clarified Hazardous Materials Safety Rulemaking and    2137-AD20
            Program Procedures....................................................................
----------------------------------------------------------------------------------------------------------------
+ DOT-designated significant regulation.


                         Research and Special Programs Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2549        + Maps and Records of Pipeline Locations and Characteristics; Notification of State       2137-AB48
            Agencies; Pipe Inventory..............................................................
2550        + Safeguarding Food From Contamination During Transportation..........................    2137-AC00
2551         Regulated Gas and Hazardous Liquid Gathering Lines...................................    2137-AC53
2552         Retention of Shipping Papers.........................................................    2137-AC64
2553         Further Regulatory Review; Gas Pipeline Safety Standards.............................    2137-AD01
2554        + Pipeline Safety: Recommendations To Change Hazardous Liquid Pipeline Safety             2137-AD10
            Standards.............................................................................
2555         1998 Harmonization of Hazardous Materials Regulations With International Standards...   2137-AD15
----------------------------------------------------------------------------------------------------------------
+ DOT-designated significant regulation.


[[Page 21589]]


                         Research and Special Programs Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2556         Hazardous Materials: Labeling Requirements for Poisonous Materials...................    2137-AC47
2557        + Risk-Based Alternative to Pressure Testing Rule.....................................    2137-AC78
2558         Pipeline Safety: Periodic Updates to Pipeline Safety Regulations (1997)..............    2137-AD03
2559         Hazardous Materials: Editorial Corrections and Clarifications........................    2137-AD27
2560         Hazardous Materials: Authorization for Continued Manufacture of Certain MC-331 Cargo    2137-AD31
            Tank Motor Vehicles With Specified Shortages..........................................
----------------------------------------------------------------------------------------------------------------
+ DOT-designated significant regulation.


                                     Maritime Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2561        + Eligibility of U.S.-Flag Vessels of 100 Feet or Greater To Obtain Commercial           2133-AB38
            Fisheries Documents...................................................................
----------------------------------------------------------------------------------------------------------------
+ DOT-designated significant regulation.


                                  Maritime Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2562         Putting Customers First in the Title XI Program: Ship Financing Guarantees...........    2133-AB32
2563        + Cargo Preference Regulations--Carriage of Agricultural Exports......................   2133-AB37
----------------------------------------------------------------------------------------------------------------
+ DOT-designated significant regulation.


                                   Maritime Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2564         Approval of Certain Transactions Before Vessel Documentation.........................    2133-AB30
2565         Use of Brokerage Firms as Depositories Under the Capital Construction Fund Program...    2133-AB35
2566         Approval of Underwriters for Marine Hull Insurance...................................    2133-AB36
----------------------------------------------------------------------------------------------------------------


                               Bureau of Transportation Statistics--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2567         Modernizing the Passenger Origin-Destination Survey..................................    2139-AA01
----------------------------------------------------------------------------------------------------------------


                            Bureau of Transportation Statistics--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2568         Modernizing the Motor Carriers of Property Financial Data Collections................    2139-AA05
----------------------------------------------------------------------------------------------------------------


[[Page 21590]]


                             Bureau of Transportation Statistics--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2569        + Amendments to the On-Time Disclosure Rule...........................................   2139-AA00
----------------------------------------------------------------------------------------------------------------
+ DOT-designated significant regulation.

_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                  Proposed Rule Stage


Office of the Secretary (OST)



_______________________________________________________________________




2073. DOMESTIC BAGGAGE LIABILITY

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 40101 et seq

CFR Citation:  14 CFR 254.4; 14 CFR 254.5

Legal Deadline: None

Abstract: The Department is proposing to amend its rule governing the 
amount by which certain U.S. air carriers may limit their liability to 
passengers for lost, damaged, and delayed baggage. This action is in 
response to a petition by Public Citizen and Aviation Consumer Action 
Project to increase the minimum liability limit from $1,250 to $1,850 
per passenger. The Department is also requesting comment on two 
alternate proposals: (1) to raise the limit to $1,850 with a mechanism 
that automatically provides for periodic future increases, or (2) to 
raise the minimum liability limit to $2,000. On May 1, 1998, the 
Aviation Consumer Action Project filed a supplemental petition for a 
higher limitation that would be periodically updated for inflation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/30/94                    59 FR 49867
NPRM Comment Period End         11/29/94
Comment Period Extended         11/29/94                    59 FR 60926
Notice Summarizing Aggregated 
Data                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: Carrier data was due 11/29/94. The comment 
period would end 30 days after the data has been aggregated and placed 
in the docket.

Agency Contact: Joanne Petrie, Attorney, Department of Transportation, 
Office of the Secretary, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-9306

RIN: 2105-AC07
_______________________________________________________________________




2074. +UPDATE OF DRUG AND ALCOHOL PROCEDURAL RULES (SECTION 610 REVIEW)

Priority:  Other Significant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 102; 49 USC 301; 49 USC 5331; 49 USC 20140; 49 
USC 31306; 49 USC 45101; 49 USC 45106

CFR Citation:  49 CFR 40

Legal Deadline: None

Abstract: The Department is reviewing its procedural rules for drug and 
alcohol testing. This review is intended to lead to a notice of 
proposed rulemaking that will not include major substantive changes to 
how we test but rather to update and clarify provisions of the rules. 
This ANPRM asked for suggestions for possible changes to the regulation 
and the focus is expected to be on drug testing. As part of this 
action, a small entities review under 5 USC section 610 will be 
included.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           04/29/96                    61 FR 18713
ANPRM Comment Period End        07/29/96
NPRM                            04/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: State, Local, Tribal, Federal

Additional Information: This change would apply to regulated parties 
through each of the six DOT operating administrations' rules (FAA, 
FHWA, FTA, FRA, USCG, and RSPA). It is expected that the NPRM to be 
issued in this action will withdraw an NPRM in a related action, RIN 
2105-AB71, Procedures for Transportation Workplace Drug-Testing 
Programs.

Agency Contact: Robert C. Ashby, Deputy Assistant General Counsel for 
Regulation and Enforcement, Department of Transportation, Office of the 
Secretary, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-9306

RIN: 2105-AC49
_______________________________________________________________________




2075. +COMPUTER RESERVATIONS SYSTEM REGULATIONS COMPREHENSIVE REVIEW

Priority:  Other Significant

Legal Authority:  49 USC 41712; 49 USC 40101(a); 49 USC 40113(a); 49 
USC 40105

CFR Citation:  14 CFR 255

Legal Deadline:
Final, Statutory, December 31, 1997.

Abstract: The Department regulates computer reservations systems owned 
by airlines or airline affiliates that are used by travel agencies. The 
current rules are designed to prevent the systems from unreasonably 
prejudicing the competitive position of other airlines and to ensure 
that travel agencies can provide accurate and unbiased information to 
the public. The Department is reexamining its rules to see whether they 
should be readopted and, if so, whether they should be changed. As part 
of this action, we will

[[Page 21591]]

be looking at ways to lessen impacts on small entities.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           09/10/97                    62 FR 47606
Notice Extending Comment Period 10/30/97                    62 FR 58700
Request for Comments            11/07/97                    62 FR 60195
ANPRM Comment Period End        11/10/97
Extended Comment Period End     12/09/97
Notice Extending Reply Comment 
Period                          01/23/98                     63 FR 3491
Extended Comment Period End     02/03/98
NPRM                            04/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Thomas Ray, Office of General Counsel, Department of 
Transportation, Office of the Secretary, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-4731
Fax: 202 366-7152

RIN: 2105-AC65
_______________________________________________________________________




2076. AMENDMENT TO TRAFFIC RESTRICTIONS TO NORTH KOREA

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 1653; 50 USC app 2154; 50 USC app 
2071; EO 12919

CFR Citation:  44 CFR 403; 49 CFR 1

Legal Deadline: None

Abstract: The Departments of Commerce and Transportation are proposing 
to amend their restrictions on shipping to North Korea. Currently, 
United States ships and aircraft are prohibited from traveling to or 
transporting goods to, or destined for, North Korea. In view of the 
U.S. policy to facilitate the gradual improvement of relations with 
North Korea, the two departments are proposing to provide for waivers 
under narrowly defined circumstances such as shipments for humanitarian 
relief. Shipments such as routine commercial trade would remain 
prohibited. This action includes a delegation of authority from the 
Secretary of Transportation to the Assistant Secretary of 
Transportation for Aviation and International Affairs to grant waivers 
of these restrictions.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Jeff D. Rupp, Office of the General Counsel for 
International Law, Department of Transportation, Office of the 
Secretary, 400 Seventh Street SW., Washington, DC 20593
Phone: 202 366-2972

RIN: 2105-AC70
_______________________________________________________________________




2077. +AVIATION DATA REQUIREMENTS REVIEW AND MODERNIZATION PROGRAM

Priority:  Other Significant

Legal Authority:  49 USC 40101; 49 USC 41101; 49 USC 41708; 49 USC 
41709; 49 USC 41301; 49 USC 41501; 49 USC 41701

CFR Citation:  14 CFR 234; 14 CFR 241; 14 CFR 250; 14 CFR 298; 14 CFR 
374a

Legal Deadline: None

Abstract: The Department is instituting an aviation data requirements 
review and modernization program. The review is designed to harmonize 
the Department's aviation data systems with current regulatory and 
statutory needs; improve the quality of the Department's aviation 
databases; and eliminate obsolete data reporting and processing 
systems. This is the first step in an outreach program to review 
aviation data collected by the Department and the measures that should 
be taken to modernize and improve aviation data reporting and 
processing systems. The Department is soliciting public comments from 
aviation data users on the nature, scope, source, and means for 
collecting, processing, and distributing airline traffic, fare, and 
financial data. Specifically, the Department is inviting comments to 
determine whether existing aviation data should be amended, 
supplemented, or replaced; whether selected forms and reports should be 
retained, modified, or eliminated; whether the Department should 
require all aviation data to be filed electronically; and how the 
aviation data system should be reengineered to enhance efficiency and 
to reduce costs for both the Department and airline industry. This 
action is significant due to substantial public and industry interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           07/15/98                    63 FR 38128
ANPRM Comment Period End        09/14/98
Reply Comment Period End        10/13/98
NPRM                            10/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: Undetermined

Agency Contact: Regis P. Milan, Chief, Economic and Financial Analysis 
Division, X-55, Office of Aviation Analysis, Department of 
Transportation, Office of the Secretary, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-2344
Fax: 202 366-7638

RIN: 2105-AC71
_______________________________________________________________________




2078. FILING PERIODS FOR RESPONSIVE PLEADINGS; RULES OF PRACTICE IN 
AVIATION ECONOMIC PROCEEDINGS

Priority:  Substantive, Nonsignificant

Legal Authority:  5 USC 5111; 39 USC 5402; 42 USC 4321; 49 USC 40101; 
49 USC 41101; 49 USC 41301; 49 USC 41501; 49 USC 41701; 49 USC 41901; 
49 USC 46101; 49 USC 46301

CFR Citation:  14 CFR 302

Legal Deadline: None

Abstract: This action stems from an NPRM to revise rules of practice in 
aviation economic proceedings published 2/3/97 (63 FR 5094) RIN 2105-
AC48. The Department received a number of comments seeking changes in 
filing periods for responsive pleadings to various types of 
applications. Based on comments there will be a reevaluation of the 
time periods for filing documents. Since changes in the time periods 
were outside the scope of the original notice, a supplemental notice 
will be published on this narrow question.

[[Page 21592]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

SNPRM                           10/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Carol A. Woods, Analyst, Air Carrier Fitness Division, 
Department of Transportation, Office of the Secretary, 400 Seventh 
Street SW., Washington, DC 20590
Phone: 202 366-2340

RIN: 2105-AC73
_______________________________________________________________________




2079.  +PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN 
AIRPORT CONCESSIONS

Priority:  Other Significant

Legal Authority:  PL 102-581; PL 97-248

CFR Citation:  49 CFR 23

Legal Deadline: None

Abstract: This action would implement changes to the Airport and Airway 
Improvement Act to allow airport sponsors to count new forms of 
disadvantaged business enterprise (DBE) participation toward the 
overall goals of a DBE concession plan. These new forms include 
purchases from DBEs of goods and services used in operating a 
concession, as well as management contracts and subcontracts with DBEs. 
This action was initially begun in an NPRM 10/6/93, 58 FR 52050, RIN 
2105-AB99. It was then combined in the DBE general update. However, 
when the general update rule was published 2/2/99, 64 FR 5096, RIN 
2105-AB92, the airport concessions issue was once again separated. This 
action is significant because of substantial public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: Local

Agency Contact: Robert C. Ashby, Deputy Assistant General Counsel for 
Regulation and Enforcement, Department of Transportation, Office of the 
Secretary, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-9306

RIN: 2105-AC76
_______________________________________________________________________




2080.  COMPENSATION FOR DAMAGE OF EXPENSIVE MOBILITY AIDS IN AIR 
TRAVEL

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 41702; 49 USC 41705; 49 USC 41712

CFR Citation:  14 CFR 382; 14 CFR 254

Legal Deadline: None

Abstract: This action would amend rules implementing the Air Carrier 
Access Act of 1986 to lift an existing cap on the amount of 
compensation airlines would have to pay to passengers for loss or 
damage of their wheelchairs and other mobility devices. It is intended 
to provide additional relief to passengers using expensive mobility 
aids when those aids are seriously damaged or destroyed in the course 
of airline travel.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Robert C. Ashby, Deputy Assistant General Counsel for 
Regulation and Enforcement, Department of Transportation, Office of the 
Secretary, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-9306

RIN: 2105-AC77
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                     Final Rule Stage


Office of the Secretary (OST)



_______________________________________________________________________




2081. DIRECT AIR CARRIER RESPONSIBILITY FOR RETURNING STRANDED CHARTER 
PASSENGERS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 1324; 49 USC 1371

CFR Citation:  14 CFR 207; 14 CFR 208

Legal Deadline: None

Abstract: This action proposed to make direct air carriers responsible 
for returning charter passengers stranded by strikes or other service 
interruptions, by eliminating the force majeure clause from charter 
contracts. However, the CAB subsequently issued an interpretive rule 
(ER-1387, 49 FR 33436) which was affirmed in court. (Arrow Air, Inc. v. 
Dole, 784 F2d 1118 (1986)) Therefore, this action is now moot; the NPRM 
will be withdrawn.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/11/80                    45 FR 46812
NPRM Comment Period End         09/25/80
Reply Comment Period End        10/10/80
To Be Withdrawn                 04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: EDR 405, Docket 37169.

Agency Contact: Joanne Petrie, Attorney, Department of Transportation, 
Office of the Secretary, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-9306

RIN: 2105-AA40
_______________________________________________________________________




2082. AIR TRAVELERS: AGE DISCRIMINATION

Priority:  Substantive, Nonsignificant

Legal Authority:  42 USC 6102

CFR Citation:  14 CFR 376

Legal Deadline: None

Abstract: This rulemaking action was initiated by the Civil Aeronautics 
Board to implement the Age Discrimination Act of 1975. A draft final 
rule was submitted to HHS, as required by that Act, and was approved. 
However, in

[[Page 21593]]

view of current airline practices with respect to travel by the 
elderly, and the absence of complaints of discrimination based on age, 
there no longer appears to be a need for further rulemaking action, and 
the NPRM will be withdrawn.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/26/79                    44 FR 55383
Final Action Adopted by the 
Board                           04/10/80
HHS Approved Final Rule With 
Changes                         07/13/84
To Be Withdrawn                 04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: SPDR-74, Docket 36639.

Agency Contact: Robert C. Ashby, Deputy Assistant General Counsel for 
Regulation and Enforcement, Department of Transportation, Office of the 
Secretary, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-9306

RIN: 2105-AA45
_______________________________________________________________________




2083. DIRECT FLIGHTS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 1381

CFR Citation:  14 CFR 399

Legal Deadline: None

Abstract: Donald L. Pevsner petitioned the CAB to institute a 
rulemaking proceeding to ban use of the term ``direct flight'' because 
it is deceptive, and to declare use of the term to be a prima facie 
violation of section 411 of the Federal Aviation Act of 1958. The 
Department is now considering what action to take in response to the 
petition.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: The petition is filed in Docket 41217.

Agency Contact: Joanne Petrie, Attorney, Department of Transportation, 
Office of the Secretary, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-9306

RIN: 2105-AA73
_______________________________________________________________________




2084. DIVERSION OF FLIGHTS WITHIN A METROPOLITAN AREA

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 1301; 49 USC 1302; 49 USC 1305; 49 USC 1324; 
49 USC 1371; 49 USC 1375; 49 USC 1377 to 1379; 49 USC 1381; 49 USC 
1382; 49 USC 1386; 49 USC 1461; 49 USC 1481; 49 USC 1482; 49 USC 1502; 
49 USC 1504

CFR Citation:  14 CFR 253; 14 CFR 399

Legal Deadline: None

Abstract: The CAB proposed to amend its rules requiring notice of 
contract terms for domestic travel to require that actual notice be 
given to passengers of terms absolving carriers from any responsibility 
to transport a passenger to the destination named on the ticket, or to 
reimburse the passenger for expenses in reaching the airport noted on 
the ticket when a flight is diverted to another airport in the same 
metropolitan area. Alternatively, the Board proposed to declare it to 
be an unfair and deceptive practice to divert a passenger without 
arranging and paying for alternate transportation to the destination 
airport named on the passenger's ticket. The Board considered a final 
rule but did not decide what action to take. DOT is withdrawing the 
NPRM as unnecessary since it appears that carriers no longer have the 
policies that promoted the CAB's concern.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/23/83                    48 FR 43343
NPRM Comment Period End         11/07/83
To Be Withdrawn                 04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: ADDITIONAL LEGAL AUTHORITIES: PL 96-354; 5 USC 
601. Docket 41683, EDR 468/PSDR-81.

Agency Contact: Joanne Petrie, Attorney, Department of Transportation, 
Office of the Secretary, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-9306

RIN: 2105-AA78
_______________________________________________________________________




2085. SIMPLIFIED AVIATION EXEMPTION PROCEDURES

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 1371; 49 USC 1372; 49 USC 1386

CFR Citation:  14 CFR 302; 14 CFR 389; 14 CFR 399

Legal Deadline: None

Abstract: A Civil Aeronautics Board rulemaking proposed to revise and 
simplify the requirements and procedures for applying for exemptions 
under section 416(b) of the Federal Aviation Act. This action has 
become unnecessary since the Department included most of its provisions 
in its rule transferring the CAB's rules to DOT. Therefore, the NPRM 
will be withdrawn.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/05/84                    49 FR 39337
NPRM Comment Period End         12/04/84
To Be Withdrawn                 04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: PDR-88/ODR-27/PSDR-83.

Agency Contact: Joanne Petrie, Attorney, Department of Transportation, 
Office of the Secretary, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-9306

RIN: 2105-AA82
_______________________________________________________________________




2086. BAGGAGE LIABILITY NOTICES IN INTERNATIONAL AIR TRANSPORTATION

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 1302; 49 USC 1324; 49 USC 1371 to 1374; 49 USC 
1381; 49 USC 1386; 49 USC 1481 to 1482

CFR Citation:  14 CFR 221

Legal Deadline: None

Abstract: In response to a petition by Mr. Howard Boros, the CAB 
proposed

[[Page 21594]]

to amend the baggage liability notices provided to passengers in 
foreign air travel. The NPRM proposed to eliminate the disclaimer of 
liability for fragile and perishable items because that notice is false 
and misleading. Because of the amount of time that has elapsed since 
the proposal was issued, the Department is withdrawing it.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/18/84                    49 FR 49111
NPRM Comment Period End         03/19/85
To Be Withdrawn                 04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: Docket 41690; EDR-477.

Agency Contact: Joanne Petrie, Attorney, Department of Transportation, 
Office of the Secretary, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-9306

RIN: 2105-AA84
_______________________________________________________________________




2087. SIMPLIFIED AIRLINE COUNTER-SIGN NOTICES

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 1301; 49 USC 1302; 49 USC 1324; 49 USC 1371 to 
1374; 49 USC 1381; 49 USC 1386; 49 USC 1481; 49 USC 1482

CFR Citation:  14 CFR 221; 14 CFR 250; 14 CFR 256

Legal Deadline: None

Abstract: The American Association of Airport Executives, the Airport 
Operators Council International, and the Air Transport Association of 
America petitioned the CAB to simplify its counter-sign requirements. 
Presently, airlines are required to display four different consumer 
protection notices on their ticket counters. The petitioners alleged 
that the current notices are hard to read and, therefore, do not 
provide much notice to passengers. They proposed replacing the four 
notices with one simplified counter sign. A CAB NPRM proposed a number 
of alternatives, such as a long and/or short notice, where the notices 
would be required to be posted, and whether a smoking notice should be 
included. DOT decided not to act on these ``counter signs'' separately, 
but rather to consider whether there should be a comprehensive re-
examination of all forms of notice to passengers, including notices on 
tickets. This NPRM will be withdrawn.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/01/84                    49 FR 30742
NPRM Comment Period End         09/17/84
Reply Comment Period End        10/02/84
To Be Withdrawn                 04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: Docket 41971; EDR-474

Agency Contact: Joanne Petrie, Attorney, Department of Transportation, 
Office of the Secretary, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-9306

RIN: 2105-AA88
_______________________________________________________________________




2088. +PRICE ADVERTISING

Priority:  Other Significant

Legal Authority:  49 USC 1371; 49 USC 1381

CFR Citation:  14 CFR 380; 14 CFR 399

Legal Deadline: None

Abstract: The Department proposed in 1989 to amend its rule and policy 
statement with respect to air transportation price advertising. This 
rulemaking is significant because of substantial public interest. 
Because of the amount of time that has elapsed since the proposal was 
issued, the Department is withdrawing it.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/26/89                    54 FR 31052
Extended Comment Period End 9/
25/89                           08/23/89                    54 FR 35005
NPRM Comment Period End         08/25/89
To Be Withdrawn                 04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 07/26/89, 54 FR 31052

Agency Contact: Joanne Petrie, Attorney, Department of Transportation, 
Office of the Secretary, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-9306

RIN: 2105-AB50
_______________________________________________________________________




2089. +NEW RESTRICTIONS ON LOBBYING

Priority:  Other Significant

Legal Authority:  49 USC 322(a); 31 USC 1352

CFR Citation:  49 CFR 20

Legal Deadline:
Final, Statutory, March 22, 1990.

Abstract: This regulation will implement the provisions of a new 
section 1352 to title 31, United States Code, that prohibits the use of 
appropriated funds to influence certain Federal contracting and 
financial transactions. Organizations that use their own funds to pay 
for lobbying activities are required to disclose such activity. 
Guidance was issued by the Office of Management and Budget 12/20/89 (54 
FR 52305). Additional OMB guidance based on changes to section 1352 in 
the Lobbying Disclosure Act of 1995 was published 1/19/96 (61 FR 1412). 
This action is considered significant because it involves agencies or 
departments governmentwide.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              02/26/90                     55 FR 6736
Comment Period End              04/27/90
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: State, Local

Procurement: This is a procurement-related action for which there is a 
statutory requirement. There is a paperwork burden associated with this 
action.
Additional Information: OMB has control of development of the final 
rule.

Agency Contact: Robert G. Taylor, Chief, Grants Management Division, M-

[[Page 21595]]

62, Office of Acquisition and Grant Management, Department of 
Transportation, Office of the Secretary, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-4289

RIN: 2105-AB57
_______________________________________________________________________




2090. +PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG-TESTING PROGRAMS

Priority:  Other Significant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 101; 49 USC 102; 49 USC 301; 49 USC 302; 49 
USC 322

CFR Citation:  49 CFR 40

Legal Deadline: None

Abstract: The NPRM in 1990 concerned the question of to whom reports of 
negative drug test results may be sent. It will be formally withdrawn 
when the Department issues an NPRM under RIN 2105-AC49, Update of Drug 
and Alcohol Procedural Rules. This action is significant because of 
substantial public and congressional interest, and multimodal impact.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/13/90                    55 FR 28782
NPRM Comment Period End         08/13/90
To Be Withdrawn                 04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: A small entities review under section 5 USC 610 
will be conducted as part of the action being taken under a similar 
rulemaking title, RIN 2105-AC49, for which an ANPRM was published 4/29/
96 (61 FR 18713).
ANALYSIS: Regulatory Evaluation, 07/13/90, 55 FR 28782

Agency Contact: Robert C. Ashby, Deputy Assistant General Counsel for 
Regulation and Enforcement, Department of Transportation, Office of the 
Secretary, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-9306

RIN: 2105-AB71
_______________________________________________________________________




2091. UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS WITH 
INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NONPROFIT 
ORGANIZATIONS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322(a)

CFR Citation:  49 CFR 19

Legal Deadline: None

Abstract: This action implements OMB Circular A-110, providing uniform 
guidance for administering grants to institutions of higher education, 
hospitals, and other nonprofit organizations. The regulation is 
essentially a word-for-word issuance of the requirements in OMB 
Circular A-110. An interim final rule was issued because of the limited 
ability to change the requirements from those in the Circular.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/04/94                    59 FR 15637
Comment Period End              06/03/94
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: State, Local

Agency Contact: Robert G. Taylor, Chief, Grants Management Division, M-
62, Office of Acquisition and Grant Management, Department of 
Transportation, Office of the Secretary, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-4289

RIN: 2105-AC02
_______________________________________________________________________




2092. USE OF DIRECT FINAL RULEMAKING

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 1657

CFR Citation:  49 CFR 5.21; 49 CFR 5.35

Legal Deadline: None

Abstract: The Department is considering a new rulemaking procedure to 
expedite the processing of noncontroversial changes to its regulations. 
Rules that the Secretary judges to be unlikely to result in public 
comment would be published as ``direct final'' rules. Such direct final 
rules would advise the public that no adverse comment is anticipated 
and that, unless written adverse comment or notice of intent to submit 
such comment is received within a specified number of days, the rule 
will become effective 60 days from the date of publication in the 
Federal Register.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/04/95                    60 FR 39919
NPRM Comment Period End         10/03/95
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Neil Eisner, Assistant General Counsel for Regulation 
and Enforcement, Department of Transportation, Office of the Secretary, 
400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-9306

RIN: 2105-AC11
_______________________________________________________________________




2093. OVERBOOKING OF FLIGHTS: ELIMINATION OF AIRPORT NOTICE SIGNS

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will eliminate existing text in the CFR.

Legal Authority:  49 USC 401; 49 USC 411; 49 USC 413; 49 USC 417

CFR Citation:  14 CFR 250

Legal Deadline: None

Abstract: This action would eliminate a consumer notice about airline 
overbooking of flights that is required to appear on signs at airports, 
city ticket offices, and travel agencies. However, that information 
would be available to consumers because it must accompany every ticket.

[[Page 21596]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/03/96                    61 FR 27818
NPRM Comment Period End         07/18/96
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: Other rulemakings: RIN 2105-AA88, Simplified 
Airline Counter-Sign Notices, and RIN 2105-AC36, Ticketless Travel: 
Passenger Notices.

Agency Contact: Tim Kelly, Aviation Consumer Protection Division, 
Office of the General Counsel, C-75, Department of Transportation, 
Office of the Secretary, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-5952

RIN: 2105-AC45
_______________________________________________________________________




2094. FEES AND CHARGES FOR SPECIAL SERVICES: REINVENTION

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  31 USC 9701; 49 USC 40101; 49 USC 46101

CFR Citation:  14 CFR 389

Legal Deadline: None

Abstract: This action would remove or update obsolete provisions and 
organizational references, and adjust the fee schedule for certain 
special services related to aviation economic proceedings that the 
Department makes available to the public. The regulation has not been 
comprehensively updated since 1985 and the revisions will take the form 
of a complete reissuance of part 389.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/21/99                     64 FR 3229
NPRM Comment Period End         03/22/99
Final Action                    10/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: John Miller, Analyst, Planning and Special Projects 
Office, X-60, Department of Transportation, Office of the Secretary, 
400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-4868

RIN: 2105-AC47
_______________________________________________________________________




2095. RULES OF PRACTICE IN AVIATION ECONOMIC PROCEEDINGS: REINVENTION

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  5 USC 511; 39 USC 5402; 42 USC 4321; 49 USC 40101; 49 
USC 41101; 49 USC 41301; 49 USC 41501; 49 USC 41701; 49 USC 41901; 49 
USC 46101; 49 USC 46301

CFR Citation:  14 CFR 302

Legal Deadline: None

Abstract: This action would reorganize in a more logical fashion, 
regulations that govern the conduct of all aviation economic 
proceedings before the Department. It would also streamline the 
regulation to remove redundancies. Procedures relating only to oral 
evidentiary hearings are being grouped together separate from 
procedures pertaining only to non-hearing cases. Updates to terminology 
will be made to reflect the revision and recodification of the Federal 
Aviation Act. This rule has not been comprehensively updated since 1985 
and the revisions will take the form of a complete reissuance of part 
302. In response to the NPRM, comments were received. They seek changes 
in the filing periods for responsive pleadings to various types of 
applications. Since these were outside the scope of the original 
notice, a supplemental notice will be issued. See RIN 2105-AC73.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/03/97                     62 FR 5094
NPRM Comment Period End         04/04/97
Final Action                    10/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Carol A. Woods, Analyst, Air Carrier Fitness Division, 
Department of Transportation, Office of the Secretary, 400 Seventh 
Street SW., Washington, DC 20590
Phone: 202 366-2340

RIN: 2105-AC48
_______________________________________________________________________




2096. AMENDMENTS TO MODAL ALCOHOL TESTING RULES: PRE-EMPLOYMENT TESTING

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 102; 49 USC 301; 49 USC 5331; 49 USC 20140; 49 
USC 31306; 49 USC 45101; 49 USC 45106

CFR Citation:  49 CFR 121; 49 CFR 219; 49 CFR 382; 49 CFR 653; 49 CFR 
654

Legal Deadline: None

Abstract: This rule would implement a recent statutory change required 
by the National Highway Systems Act of 1995, section 342, to the 
existing pre-employment alcohol testing provisions. It would make pre-
employment testing voluntary for employers.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/09/96                    61 FR 21149
NPRM Comment Period End         07/08/96
Final Action                    05/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: This action involves four operating 
administrations: FAA, FHWA, FTA, and FRA. On May 10, 1995 (60 FR 
24765), DOT suspended its pre-employment alcohol testing requirements 
after a court decision vacated the requirements of the FHWA alcohol 
testing rule.

Agency Contact: Robert C. Ashby, Deputy Assistant General Counsel for 
Regulation and Enforcement, Department of Transportation, Office of the 
Secretary, 400 Seventh Street SW., Washington, DC 20590

[[Page 21597]]

Phone: 202 366-9306

RIN: 2105-AC50
_______________________________________________________________________




2097. PASSENGER TARIFF-FILING REQUIREMENTS EXEMPTION

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 40101; 49 USC 40105; 49 USC 40109; 49 USC 
40113 to 40114; 49 USC 41504; 49 USC 41701; 49 USC 41707 to 41709; 49 
USC 41712; 49 USC 46101

CFR Citation:  14 CFR 221; 14 CFR 156(j)

Legal Deadline: None

Abstract: This action would exempt U.S. and foreign air carriers from 
the statutory and regulatory duty to file with DOT international 
passenger tariffs in certain instances subject to the reimposition of 
the duty in specific cases when consistent with the public interest. In 
addition, the Department proposes to reissue a new version of part 221 
that eliminates most of the traditional paper format and filing 
procedures set forth in the present version.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/10/97                    62 FR 10758
NPRM Comment Period End         05/09/97
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 03/10/97, 62 FR 10758

Agency Contact: John H. Kiser, Chief, Pricing and Multilateral Affairs 
Division, Department of Transportation, Office of the Secretary, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-2435

RIN: 2105-AC61
_______________________________________________________________________




2098. UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE 
AGREEMENTS: COMMON RULE

Priority:  Substantive, Nonsignificant

Legal Authority:  31 USC 7501 to 7507

CFR Citation:  49 CFR 18.26; 49 CFR 19.26; 49 CFR 322(a)

Legal Deadline: None

Abstract: The Department is participating in a voluntary Governmentwide 
common regulatory effort to amend its regulations because OMB amended 
its circular A-133 regarding audits of States, local governments, and 
non-profit organizations, and also rescinded its circular A-128. OMB 
made these changes to comply with the Single Audit Act Amendments of 
1996.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              08/29/97                    62 FR 45937
Comment Period End              10/28/97
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: The interim final rule was required to be 
published not later than 60 days from June 30, 1997, the date of 
publication of OMB's notice of revision of OMB circular A-133 and 
rescission of circular A-128.

Agency Contact: Robert G. Taylor, Chief, Grants Management Division, M-
62, Office of Acquisition and Grant Management, Department of 
Transportation, Office of the Secretary, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-4289

RIN: 2105-AC66
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                    Long-Term Actions


Office of the Secretary (OST)



_______________________________________________________________________




2099. POLICY STATEMENT ON AIRLINE PREEMPTION

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 41713

CFR Citation:  14 CFR 399

Legal Deadline: None

Abstract: The Civil Aeronautics Board in 1979 issued an interim Policy 
Statement on preemption. It discusses the policy of the Department with 
respect to three areas in which State law has been preempted by the 
Airline Deregulation Act of 1978: regulation of commuter air carriers 
and air taxis, the rights of airport proprietors, and general State 
authority as it directly or indirectly affects air transportation 
competition. The Supreme Court subsequently ruled that section 105 of 
the ADA preempts even indirect State regulation that ``has a connection 
with or reference to'' airline rates, routes, or services. Recently the 
Supreme Court issued another decision on this provision of the law, 
ruling that it does not preempt State contract law with respect to 
interpretation and enforcement of agreements voluntarily entered into 
by air carriers. The Department is considering the effect of these two 
holdings on the future course and content of the Policy Statement and 
whether there is a need for such a policy statement.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              02/15/79                     44 FR 9948
Request for Comments on Interim 
Rule                            02/15/79                     44 FR 9953
Comment Period End              04/16/79


Next Action Undetermined

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: State, Local, Federal

Additional Information: PSDR-56, Docket 34684 The 1995 decision issued 
by the Supreme Court is American Airlines v. Wolens (S. Ct. No. 93-
1286).

Agency Contact: Paul Smith, Attorney, Department of Transportation, 
Office of the Secretary, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-9285

RIN: 2105-AA46


_______________________________________________________________________



[[Page 21598]]

2100. +STATEMENT OF ENFORCEMENT POLICY ON REBATING

Priority:  Other Significant

Legal Authority:  5 USC 601; 49 USC 1301 to 1302; 49 USC 1305; 49 USC 
1324(a); 49 USC 1371 to 1379; 49 USC 1381 to 1382; 49 USC 1384; 49 USC 
1386; 49 USC 1461; 49 USC 1481 to 1482; 49 USC 1502; 49 USC 1504

CFR Citation:  14 CFR 399.80; 14 CFR 399.85

Legal Deadline: None

Abstract: The Department is proposing to provide formal notice to the 
public of its enforcement policy concerning the rebating of 
international air fares by adopting that policy as a Policy Statement 
in the regulations. No change in the substance of that policy is 
intended. The Department also proposes to revoke an existing Policy 
Statement on the advertising of rebates that is contrary to DOT's 
current enforcement policy. The proposal responds to a request for such 
action by the American Society of Travel Agents. The proposed 
regulation is significant because it involves important departmental 
policies and substantial industry interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/21/88                    53 FR 41353
NPRM Comment Period End         12/20/88
Extended Comment Period End 2/
21/89                           02/03/89                     54 FR 5497
Correction                      02/10/89                     54 FR 6475


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 10/21/88, 53 FR 41353

Agency Contact: Betsy Wolf, Senior Trial Attorney, Office of the 
General Counsel, Department of Transportation, Office of the Secretary, 
400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-9349

RIN: 2105-AB39
_______________________________________________________________________




2101. SMOKING ABOARD AIRCRAFT

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 1324; 49 USC 1374; 49 USC 1377; 49 USC 1386; 
PL 101-164

CFR Citation:  14 CFR 252

Legal Deadline: None

Abstract: This interim final rule amends the rules governing smoking 
aboard aircraft to incorporate a statutory ban on smoking aboard most 
U.S. flight segments. The statutory ban applies to both U.S. and 
foreign air carriers. This rulemaking proposed to clarify the current 
rule and make other minor changes. The interim final rule was 
significant because of substantial public interest. The present action 
would merely finalize that already taken and is, therefore, not 
considered significant.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              02/13/90                     55 FR 4991


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: The interim final rule was effective 02/25/90; 
the comments were due by 04/16/90.
ANALYSIS: Regulatory Evaluation, 02/13/90, 55 FR 4991

Agency Contact: Joanne Petrie, Attorney, Department of Transportation, 
Office of the Secretary, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-9306

RIN: 2105-AB58
_______________________________________________________________________




2102. +ACCESSIBILITY OF PASSENGER VESSELS TO INDIVIDUALS WITH 
DISABILITIES

Priority:  Other Significant

Legal Authority:  42 USC 12101 et seq; PL 101-336, Americans with 
Disabilities Act

CFR Citation:  49 CFR 37

Legal Deadline: None

Abstract: The Department's Americans with Disabilities Act (ADA) final 
rule, published September 6, 1991 (56 FR 45584), reserved portions of 
the rule concerning passenger vessels. The ADA covers passenger 
vessels, but issuing accessibility requirements for vessels involves 
complex issues unlike those affecting land transportation. This action 
will address these issues and propose feasible requirements to make 
passenger vessels accessible to, and usable by, individuals with 
disabilities. DOT is participating in an ongoing advisory committee 
effort convened by the Access Board to study passenger vessel 
accessibility issues. September and November 1998 meetings were held. 
This rulemaking is considered significant because of substantial public 
and congressional interest.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Robert C. Ashby, Deputy Assistant General Counsel for 
Regulation and Enforcement, Department of Transportation, Office of the 
Secretary, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-9306

RIN: 2105-AB87
_______________________________________________________________________




2103. +TRANSPORTATION FOR INDIVIDUALS WITH DISABILITIES (ACCESSIBILITY 
GUIDELINES)

Priority:  Other Significant

Legal Authority:  5 USC 552a

CFR Citation:  49 CFR 27; 49 CFR 37

Legal Deadline: None

Abstract: This action would amend the rules implementing the Americans 
with Disabilities Act by adopting the revised accessibility guidelines 
issued by the Architectural and Transportation Barriers Compliance 
Board, published June 20, 1994 (59 FR 31676) as interim final rules. 
The proposed rule would also conform the Department's rule implementing 
section 504 of the Rehabilitation Act of 1973. Further DOT action is 
pending ATBCB/Justice Department action. This action is significant 
because of substantial public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/20/94                    59 FR 31818
NPRM Comment Period End         08/19/94


Next Action Undetermined

[[Page 21599]]

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Robert C. Ashby, Deputy Assistant General Counsel for 
Regulation and Enforcement, Department of Transportation, Office of the 
Secretary, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-9306

RIN: 2105-AC06
_______________________________________________________________________




2104. USE OF OXYGEN BY AIR CARRIER PASSENGERS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 41705

CFR Citation:  14 CFR 382

Legal Deadline: None

Abstract: The Department is considering the use of regulatory 
negotiation to seek consensus among air carriers, consumers, airports, 
equipment manufacturers, oxygen suppliers, and safety regulators 
concerning the use of oxygen by passengers on air carriers when 
individuals need special private supplies. The need for action stems 
from a current situation where all carriers do not allow passengers to 
bring their own oxygen aboard. Issues involve conformance with RSPA and 
FAA hazardous materials rules and the question of providing oxygen 
during long layovers. The Department is considering whether to begin a 
regulatory negotiation.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Robert C. Ashby, Deputy Assistant General Counsel for 
Regulation and Enforcement, Department of Transportation, Office of the 
Secretary, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-9306

RIN: 2105-AC29
_______________________________________________________________________




2105. +DOMESTIC PASSENGER MANIFEST INFORMATION

Priority:  Economically Significant. Major under 5 USC 801.

Unfunded Mandates: This action may affect the private sector under       
    PL 104-4.

Legal Authority:  49 USC 40101; 49 USC 40113 to 40114; 49 USC 41702; 49 
USC 41708 to 41709; 49 USC 41711; 49 USC 46301; 49 USC 46310; 49 USC 
46316

CFR Citation:  14 CFR 243

Legal Deadline: None

Abstract: This notice requested comments concerning operational and 
cost issues related to U.S. air carriers collecting information such as 
full name, date of birth and/or social security number, emergency 
contact and telephone number from passengers traveling on flights 
within the United States. This notice was issued on the Department's 
initiative in response to difficulties with notification in the 
aftermath of domestic aviation disasters and to comply with a 
recommendation contained in the initial report of the White House 
Commission on Aviation Safety and Security (1996) that urged the 
Department to explore immediately the costs and effects of a 
comprehensive passenger manifest requirement on the domestic aviation 
system. DOT will review the implementation of the international 
passenger manifest requirements (RIN 2105-AC78, 2/18/98, 63 FR 8258) as 
it determines how to proceed with this rulemaking.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           03/13/97                    62 FR 11789
ANPRM Comment Period End        05/12/97
Comment Period Reopened         05/30/97                    62 FR 29313
Comment Period End              06/20/97


Next Action Undetermined

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Bernard Gaillard, Director, Office of International 
Transportation and Trade, Department of Transportation, Office of the 
Secretary, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-4368

RIN: 2105-AC62
_______________________________________________________________________




2106. +ENFORCEMENT POLICY: UNFAIR EXCLUSIONARY CONDUCT IN THE AIR 
TRANSPORTATION INDUSTRY

Priority:  Other Significant

Legal Authority:  Not yet determined

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: This proposed statement was developed in consultation with 
the Department of Justice and sets forth tentative findings and 
guidelines for use by DOT in evaluating whether major air carriers' 
competitive responses to new entry warrant enforcement action. This 
action is significant because it is a major policy initiative of the 
Department.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            04/10/98                    63 FR 17919
Comment Period Extended         05/21/98                    63 FR 28021
Comment Period End              06/09/98
Extended Comment Period End     07/24/98
Reply Comment Period End        09/08/98


Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Jim Craun, Director, Office of the Assistant Secretary 
for Aviation and International Affairs, Department of Transportation, 
Office of the Secretary, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-1053

RIN: 2105-AC72

[[Page 21600]]

_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                    Completed Actions


Office of the Secretary (OST)



_______________________________________________________________________




2107. +DISADVANTAGED BUSINESS ENTERPRISE (DBE) REGULATION; GENERAL 
UPDATE

Priority:  Other Significant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  Intermodal Surface Transportation Efficiency Act; PL 
102-240; 49 USC 47017(e); 49 USC 47113

CFR Citation:  49 CFR 23

Legal Deadline: None

Abstract: This rule revises the Department's regulations for the 
disadvantaged business enterprise program to clarify regulatory 
provisions and revise program elements in light of experience in 
administering the program since 1980 and the Administration's review of 
affirmative action programs. The rule meets legal requirements for 
narrow tailoring of affirmative action programs, responds to concerns 
of Congress and the public, increases flexibility and improves 
efficiency in the administration of the DBE program. This action is 
significant because of substantial public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/09/92                    57 FR 58288
Extended NPRM Comment Period End 
4/8/93                          03/03/93                    58 FR 12207
NPRM Comment Period End         03/09/93
SNPRM                           05/30/97                    62 FR 29548
SNPRM Comment Period Extended   07/18/97                    62 FR 38952
Extended SNPRM Comment Period 
End                             09/29/97
Final Action                    02/02/99                     64 FR 5096
Final Action Effective          03/04/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: State, Local

Additional Information: This action addresses the requirements of the 
Supreme Court's Adarand v. Pena decision. A related RIN 2105-AB99, 
concerning Airport Concessions had a statutory deadline of 4/30/93 for 
a final rule. Its legal authority came from PL 102-581 and PL 97-248. 
An NPRM had been issued on 10/6/93 58 FR 52050). It was combined with 
this action in the October 29, 1997 Agenda. However, the airport 
concessions issue has again been separated and will be addressed in a 
new RIN 2105-AC76.

Agency Contact: Robert C. Ashby, Deputy Assistant General Counsel for 
Regulation and Enforcement, Department of Transportation, Office of the 
Secretary, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-9306

RIN: 2105-AB92
_______________________________________________________________________




2108. +DISCLOSURE OF CODE-SHARING ARRANGEMENTS AND LONG-TERM WET LEASES

Priority:  Other Significant

Legal Authority:  49 USC 40113; 49 USC 41712

CFR Citation:  14 CFR 257

Legal Deadline: None

Abstract: The action strengthens the Department's current rules 
requiring airlines to notify passengers of a code-sharing arrangement 
or long-term wet lease on domestic and international flights. These 
arrangements can offer significant economic benefits. However, they can 
also confuse and mislead customers. When selecting, purchasing, and 
completing trips, consumers will be better informed of the fact that 
the airline operating the aircraft will be different from the airline 
selling the ticket. Consumers will also be informed of the identity of 
the airline operating the aircraft including the corporate name. This 
regulation now applies directly to travel agents and foreign air 
carriers. This is significant because of congressional and industry 
interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/10/94                    59 FR 40836
NPRM Comment Period End         10/11/94
SNPRM                           01/17/95                     60 FR 3359
SNPRM Comment Period End        02/16/95
Final Action                    03/15/99                    64 FR 12838
Final Action Effective          07/13/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: See related action, Disclosure of Change-of-
Gauge Services, RIN 2105-AC17.
ANALYSIS: Regulatory Evaluation, 03/15/99, 64 FR 12838

Agency Contact: Laura Trejo, Attorney Advisor, Department of 
Transportation, Office of the Secretary, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-9183

RIN: 2105-AC10
_______________________________________________________________________




2109. DISCLOSURE OF CHANGE-OF-GAUGE SERVICES

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 41712

CFR Citation:  14 CFR 257

Legal Deadline: None

Abstract: This action codifies and augments current disclosure 
requirements for itineraries with one flight number that involve a 
change of aircraft. The problem is that passengers may be misled to 
believe they are receiving nonstop service because there is only one 
flight number when in fact they have to change planes. The 
requirements, which would apply to U.S. air carriers, foreign air 
carriers, and, where appropriate, ticket agents (including travel 
agents) doing business in the United States are: (1) that transporting 
carriers include notice of aircraft changes in their written or 
electronic schedule information provided to the public, in the Official 
Airline Guide, and in computer reservation systems; (2) that consumers 
be given reasonable and timely oral notice that a single flight number 
that they are considering booking entails a change of aircraft en 
route; and (3) that written notice of the aircraft change be provided 
along with each ticket. This proposal, in part, responds to the 
petition of American Airlines in Docket 47546.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/19/95                     60 FR 3778
NPRM Comment Period End         03/20/95
Final Action                    03/15/99                    64 FR 12854
Final Action Effective          07/13/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

[[Page 21601]]

Additional Information: See related action, Disclosure of Code-Sharing 
Arrangements and Long-Term Wet Leases, RIN 2105-AC10.
ANALYSIS: Regulatory Evaluation, 03/15/99, 64 FR 12854

Agency Contact: Betsy L. Wolf, Senior Trial Attorney, Office of General 
Counsel, Department of Transportation, Office of the Secretary, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-9356

RIN: 2105-AC17
_______________________________________________________________________




2110.  AMENDMENTS TO OPIATE THRESHOLD LEVELS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC app 1301 note; 49 USC 102; 49 USC 301; 49 USC 
322

CFR Citation:  49 CFR 40

Legal Deadline: None

Abstract: This final rule makes conforming changes to the Department's 
drug testing procedures to incorporate changes made by the Department 
of Health and Human Services (DHHS) in the threshold levels of opiates. 
The amendments raise the opiate threshold level from 300 to 2,000 
nanograms per milliliter. The current opiate testing cutoff levels used 
by laboratories are identifying too many individuals who are not opiate 
abusers. The final rule also establishes a new requirement to test for 
a metabolite that comes only from heroin. This is an effort to shift 
the emphasis of testing for opiates back to the proper deterrence and 
detection of heroin use.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    11/25/98                    63 FR 65128
Final Action Effective          12/01/98

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: The Department determined that the opportunity 
for prior notice and comment was unnecessary, impractical and contrary 
to public interest since DHHS solicited and responded to public comment 
on identical provisions. Legal Deadline: DHHS amended its Mandatory 
Guidelines for Federal Workplace Testing Programs to change the opiate 
testing levels, with an implementation date of December 1, 1998. The 
Department's drug testing procedures are to remain consistent with the 
DHHS Guidelines, as Congress provided in the Omnibus Transportation 
Employee Testing Act of 1991.

Agency Contact: Robert C. Ashby, Deputy Assistant General Counsel for 
Regulation and Enforcement, Department of Transportation, Office of the 
Secretary, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-9306

RIN: 2105-AC74
_______________________________________________________________________




2111.  SECOND EXTENSION OF COMPUTER RESERVATIONS SYSTEM RULES

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 40101; 49 USC 40102; 49 USC 40105; 49 USC 
40113; 49 USC 41712

CFR Citation:  14 CFR 255

Legal Deadline: None

Abstract: This action extends the expiration date of DOT's rules 
regulating computer reservations systems owned by airlines or airline 
affiliates that are used by travel agencies from March 31, 1999 to 
March 31, 2000. The Department is conducting a reexamination of the 
rules to see whether they should be continued or modified. That action 
is being taken under RIN 2105-AC65. The extension is necessary so that 
the current rules will remain in force.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/26/99                     64 FR 9457
NPRM Comment Period End         03/12/99
Final Action                    03/30/99                    64 FR 15127
Final Action Effective          03/31/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: An earlier extension from December 31, 1997 to 
March 31, 1999 was published 12/18/97, 62 FR 66272, under RIN 2105-
AC67.

Agency Contact: Thomas Ray, Office of General Counsel, Department of 
Transportation, Office of the Secretary, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-4731
Fax: 202 366-7152

RIN: 2105-AC75
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                        Prerule Stage


U.S. Coast Guard (USCG)



_______________________________________________________________________




2112.  +IMPROVEMENTS TO MARITIME SAFETY PUGET SOUND-AREA WATERS 
(USCG-1998-4501)

Priority:  Other Significant

Legal Authority:  33 USC 1223 to 1224

CFR Citation:  33 CFR 1

Legal Deadline: None

Abstract: The Coast Guard seeks public comments on potential rules that 
would improve maritime safety in Puget Sound-Area waters including 
Puget Sound, the Strait of Juan de Fuca, passages around and through 
the San Juan Islands, and the Olympic Coast National Marine Sanctuary. 
Based on a recent determination by the Secretary of Transportation 
regarding the status of maritime safety in the Puget Sound-area, the 
Coast Guard has initiated a comprehensive cost-benefit analysis to 
study the feasibility of implementing new safety measures, including 
extended tug escort requirements and a dedicated response vessel. 
Public input will help focus this cost-benefit analysis and develop any 
future proposed rules, if deemed necessary. This rulemaking supports 
the Coast Guard Marine Safety and Environmental Protection Program's 
goal to reduce the amount of oil discharged into the marine environment 
and the Coast Guard's strategic goal of protection of natural 
resources. This is a significant action due to substantial public 
interest.

[[Page 21602]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           11/24/98                    63 FR 64937
ANPRM Comment Period End        05/24/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: CDR T. M. Close, Department of Transportation, U.S. 
Coast Guard, 2100 Second Street SW., Washington, DC 20593-0001
Phone: 202 267-0177

RIN: 2115-AF68
_______________________________________________________________________




2113.  SAFETY OF UNINSPECTED PASSENGER VESSELS UNDER THE 
PASSENGER VESSEL SAFETY ACT OF 1993 (USCG-1999-5040)

Priority:  Substantive, Nonsignificant

Legal Authority:  46 USC 2101; 46 USC 2113; 46 USC 3306; 46 USC 4105

CFR Citation:  33 CFR 175; 33 CFR 177; 33 CFR 179; 33 CFR 181; 33 CFR 
183; 46 CFR 10; 46 CFR 15; 46 CFR 24 to 28; 46 CFR 70; 46 CFR 169; 46 
CFR 175

Legal Deadline: None

Abstract: This rulemaking implements the Passenger Vessel Safety Act 
(PVSA) (Pub. L. 103-206) by amending the rules for Uninspected 
Passenger Vessels (UPVs). Specifically, the Coast Guard is considering 
amending existing UPV definitions to create a new class of UPV of at 
least 100 gross tons carrying not more that 12 passengers. The Coast 
Guard is considering operating, equipment, licensing and special permit 
application requirements appropriate for the new class of vessel. The 
Coast Guard is also considering adding definitions of ``passenger,'' 
``passenger for hire,'' and ``consideration'' to bring its rules into 
conformity with the PVSA. This project supports the Coast Guard's 
strategic goal of marine safety.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           05/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: LT Keith B. Janssen, Project Manager, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001
Phone: 202 267-1055

RIN: 2115-AF69
_______________________________________________________________________




2114.  CERTIFICATION OF NAVIGATION LIGHTS ON RECREATIONAL 
VESSELS (CGD 97-060)

Priority:  Substantive, Nonsignificant

Legal Authority:  33 USC 2071; 33 USC 1602

CFR Citation:  33 CFR 84; 46 CFR 111

Legal Deadline: None

Abstract: This project will place navigation lights for recreational 
and uninspected vessels under regulatory control similar to that 
already in place for inspected vessels. Specifically, the rule will 
propose regulations requiring certification that navigation lights are 
in compliance with the Navigation Rules specifications, as evidenced by 
laboratory testing to a performance standard; this level of control is 
currently in place for all other items of safety equipment. This action 
is in accordance with recommendations made by the National Boating 
Safety Advisory Council (NBSAC), and the National Association of 
Boating Law Administrators (NASBLA). This project supports the Coast 
Guard's strategic goal of marine safety.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           06/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Randolph J. Doubt, Project Manager, G-OPB-3, Department 
of Transportation, U.S. Coast Guard, 2100 Second Steet SW., Washington, 
DC 20593-0001
Phone: 202 267-6810

RIN: 2115-AF70
_______________________________________________________________________




2115.  BARGES CARRYING BULK LIQUID HAZARDOUS MATERIAL (USCG-
1999-5117)

Priority:  Substantive, Nonsignificant

Legal Authority:  46 USC 3703

CFR Citation:  46 CFR 151

Legal Deadline: None

Abstract: This rulemaking project will update the regulations for 
barges carrying bulk hazardous material to account for modernization of 
the industry. The current regulations for barges carrying bulk liquid 
hazardous materials were originally published in 1970. Over the past 
three decades, technology has advanced and industry practices have 
changed. This project will first ask for public comment to identify the 
rules which need to be updated. Once those rules are identified, the 
project will propose appropriate revisions to the Code of Federal 
Regulations. This project supports the Coast Guard's strategic goal of 
marine safety.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Thomas Felleisen, Project Manager, G-MSO, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001
Phone: 202 267-0085

RIN: 2115-AF77

[[Page 21603]]

_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                  Proposed Rule Stage


U.S. Coast Guard (USCG)



_______________________________________________________________________




2116. VESSEL IDENTIFICATION SYSTEM (CGD 89-050)

Priority:  Substantive, Nonsignificant

Legal Authority:  46 USC 2103; 46 USC 12501

CFR Citation:  33 CFR 187

Legal Deadline: None

Abstract: 46 U.S.C. 12501 requires the Secretary of Transportation to 
establish a Vessel Identification System (VIS). This rulemaking 
prescribes the manner and form for participating States to make 
information available for VIS; to establish guidelines for State vessel 
titling systems; and to establish procedures for certifying compliance 
with those guidelines. This rulemaking supports the Coast Guard's 
strategic goal of mobility of commercial and recreational vessels.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           09/15/89                    54 FR 38358
Comment Period End              12/14/89
NPRM                            10/05/93                    58 FR 51920
Correction                      10/15/93                    58 FR 53624
Comment Period End              01/03/94
Reopening of Comment Period     02/24/94                     59 FR 8881
Comment Period End              03/28/94
Interim Rule                    04/25/95                    60 FR 20310
Comment Period End              07/24/95
Reopening of Comment Period     10/17/95                    60 FR 53727
Comment Period End              12/31/95
Interim Rule Change in Effective 
Date                            02/23/96                     61 FR 6943
Interim Rule Re-Opening of 
Comment Period                  10/20/97                    62 FR 54385
Interim Rule Change in Effective 
Date                            04/21/98                    63 FR 19657
SNPRM                           04/00/99
Final Action                    02/00/00

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: The effective date of April 24, 1996, applies 
to all provisions in this interim final rule other than 33 CFR part 
187, subpart D, which is suspended through April 24, 1999. The change 
in effective date of the interim final rule was published April 21, 
1998, 63 FR 19657
ANALYSIS: Regulatory Evaluation, 10/05/93, 58 FR 51920

Agency Contact: ENS Brian Ly, Project Manager, G-MRI-3, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001
Phone: 202 267-0452

RIN: 2115-AD35
_______________________________________________________________________




2117. REPORTING MARINE CASUALTIES (CGD 91-216)

Priority:  Substantive, Nonsignificant

Legal Authority:  46 USC 6101; 33 USC 1901 et seq

CFR Citation:  33 CFR 151; 46 CFR 4

Legal Deadline: None

Abstract: This action would add to the definition of a reportable 
marine casualty ``significant harm to the environment.'' Some casualty 
reporting requirements are extended to include foreign tank vessels 
operating in U.S. waters, including the exclusive economic zone. This 
project supports the Coast Guard's Marine Safety and Environmental 
Protection program's goal to reduce the consequence of pollution 
incidents and further supports the Coast Guard's strategic goal of 
protection of natural resources.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Meeting; Request for 
Comments                        12/20/94                    59 FR 65522
Comment Period End              02/20/95
NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: LT Glen Mine, Project Manager, G-MSR-2, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001
Phone: 202 267-1100

RIN: 2115-AD98
_______________________________________________________________________




2118. +FACILITY RESPONSE PLANS FOR HAZARDOUS SUBSTANCES (CGD 94-048)

Priority:  Other Significant

Unfunded Mandates: Undetermined

Legal Authority:  33 USC 1321(j); PL 101-380

CFR Citation:  33 CFR 154

Legal Deadline: None

Abstract: This project would implement provisions of the Oil Pollution 
Act of 1990 that require an owner or operator of a marine 
transportation-related facility transferring bulk hazardous substances 
to develop and operate in accordance with an approved response plan. 
The regulations would apply to marine transportation-related facilities 
that, because of their location, could cause harm to the environment by 
discharging a hazardous substance into or on the navigable waters or 
adjoining shoreline. A separate rulemaking under RIN 2115-AE88 would 
address hazardous response plan requirements for tank vessels. This 
project supports Coast Guard strategic goals of marine safety and 
protection of the marine environment by reducing the amount of 
chemicals entering the environment, as well as reducing the consequence 
of pollution incidents. This action is considered significant because 
of substantial public and industry interest.

Statement of Need: This rulemaking is intended to reduce the impact 
from hazardous substance spills from vessels and marine transportation-
related facilities.

Summary of the Legal Basis: Section 4202(a) of the Oil Pollution Act of 
1990 (OPA 90), codified at 33 U.S.C. 1321(j)(5), mandates that the 
President issue regulations requiring the preparation of oil and 
hazardous substance discharge response plans. Although section 
4202(b)(4) of OPA 90 established an implementation schedule for these 
response plans for oil, it did not establish a deadline for submission 
or approval of hazardous substances response plans. The Coast Guard has 
issued separate final rules governing response plan requirements for 
vessels carrying oil in bulk as cargo and facilities that handle, 
store, or transport oil in bulk. Under 33 U.S.C. 1321, ``hazardous 
substances'' are designated by the Administrator of the Environmental 
Protection Agency. The Administrator has designated 297 chemicals as 
hazardous substances under this section. The Coast Guard has identified 
84 hazardous substances currently carried in bulk by vessels, and 
transferred to or from marine transportation-related facilities.

Alternatives: The Coast Guard intends to determine what types of 
response strategies would be required to address spills of different 
types of hazardous substances. For some substances, containment and 
recovery may be the

[[Page 21604]]

appropriate response. However, some spilled substances may not be 
recoverable from the water and other actions may be necessary. Plans 
would be required, by statute, to address responses to a ``worst case 
discharge.'' For facilities, a ``worst case discharge'' is ``the 
largest foreseeable discharge in adverse weather conditions.''

Anticipated Costs and Benefits: The potential costs of this rulemaking 
may include the costs of developing and implementing a hazardous 
substance response plan, maintaining contracts for response resources, 
reviewing and updating hazardous substance response plans, maintaining 
any required equipment, and training and exercising response personnel. 
Potential benefits include reduced risk of human exposure and enhanced 
environmental quality from improved ability to respond to, contain, and 
recover spilled hazardous substances. The draft analysis indicates that 
this project will not be economically significant. A regulatory 
assessment addressing costs and benefits of this rule will be available 
in the public docket when the NPRM is published.

Risks: Response plans are required by statute. A response plan will not 
prevent a discharge of a hazardous substance, but it may improve the 
response and help to minimize personal injury and damage to the 
environment. This rule should not affect the economic viability of 
facilities involved in transferring hazardous substances in bulk or 
have a significant impact on the volume of hazardous substances shipped 
by marine transportation-related facilities. Most facilities involved 
in transferring hazardous substances in bulk have developed plans, but 
there have not been requirements for standardization.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           05/03/96                    61 FR 20084
Notice of Public Hearings       07/03/96                    61 FR 34775
ANPRM Comment Period End        09/03/96
NPRM                            05/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Public hearings regarding this rulemaking were 
held in Washington, DC on July 30, 1996; Houston, TX on August 5, 1996; 
and in Houston, TX on February 26 and 27, 1997.

Agency Contact: LT Michael Roldan, Project Manager, G-MSR-1, Department 
of Transportation, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-0756

RIN: 2115-AE87
_______________________________________________________________________




2119. +TANK VESSEL RESPONSE PLANS FOR HAZARDOUS SUBSTANCES (CGD 94-032) 
(USCG-1998-4354)

Priority:  Other Significant

Legal Authority:  33 USC 1231; 33 USC 1321(j); PL 101-380

CFR Citation:  33 CFR 155

Legal Deadline: None

Abstract: This project would implement provisions of the Oil Pollution 
Act of 1990 that require an owner or operator of a tank vessel carrying 
bulk hazardous substances to develop and operate in accordance with an 
approved response plan. The regulations would apply to vessels 
operating on the navigable waters or within the Exclusive Economic Zone 
(EEZ) of the U.S. that carry bulk hazardous substances. A separate 
rulemaking under RIN 2115-AE87 would address hazardous substances 
response plan requirements for marine transportation-related 
facilities. This project supports Coast Guard strategic goals by 
reducing the amount of chemicals entering the environment, as well as 
reducing the consequences of pollution incidents. This project is 
considered significant because of substantial public and industry 
interest.

Statement of Need: This rulemaking is intended to reduce the impact 
from hazardous substance spills from vessels.

Summary of the Legal Basis: Section 4202(a) of the Oil Pollution Act of 
1990 (OPA 90), codified at 33 U.S.C. 1321(j)(5), mandates that the 
President issue regulations requiring the preparation of oil and 
hazardous substance discharge response plans. Although 4202(b)(4) of 
OPA 90 established an implementation schedule for these response plans 
for oil, it did not establish a deadline for submission or approval of 
hazardous substances response plans. The Coast Guard has issued 
separate final rules governing response plan requirements for vessels 
carrying oil in bulk as cargo and facilities that handle, store, or 
transport oil in bulk. Under section 1321, ``hazardous substances'' are 
designated by the Administrator of the Environmental Protection Agency. 
The Administrator has designated 297 chemicals as hazardous substances 
under this section. The Coast Guard has identified 84 hazardous 
substances currently carried in bulk.

Alternatives: The Coast Guard intends to determine what types of 
response strategies would be required to address spills of different 
types of hazardous substances. For some substances, containment and 
recovery may be the appropriate response. However, some spilled 
substances may not be recoverable from the water and other actions may 
be necessary. Plans would be required, by statute, to address responses 
to a ``worst case discharge.'' For vessels, a ``worst case discharge'' 
is ``a discharge in adverse weather conditions of its entire cargo.''

Anticipated Costs and Benefits: The potential costs of this rulemaking 
may include the costs of developing and implementing a hazardous 
substance response plan, maintaining contracts for spill-response 
resources, reviewing and updating hazardous substance response plans, 
maintaining any required equipment, and training and exercising 
response personnel. Potential benefits include reduced risk to human 
health, enhanced environmental quality from improved ability to respond 
to, contain, and recover spilled hazardous substances and a reduction 
in the severity of the impact of accidental hazardous substance 
discharges. A regulatory assessment addressing costs and benefits fo 
this rule will be available in the public docket when the NPRM is 
published.

Risks: Response plans are required by statute. A response plan will not 
prevent a discharge of a hazardous substance, but it may improve the 
response and help to minimize personal injury and damage to the 
environment. This rule should not affect the economic viability of 
vessels involved in transferring hazardous substances in bulk, or have 
a significant impact on the volume of hazardous substances shipped by 
vessel. Most vessels carrying hazardous substances

[[Page 21605]]

in bulk have developed response plans, but there have not been 
requirements for standardization.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           05/03/96                    61 FR 20084
Notice of Public Hearings       07/03/96                    61 FR 34775
ANPRM Comment Period End        09/03/96
NPRM                            04/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: LT Michael Roldan, Project Manager, G-MSR-1, Department 
of Transportation, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-0756

RIN: 2115-AE88
_______________________________________________________________________




2120. NUMBERING OF UNDOCUMENTED BARGES (CGD 93-091) (USCG-1998-3798)

Priority:  Substantive, Nonsignificant

Legal Authority:  46 USC 12301

CFR Citation:  33 CFR 189

Legal Deadline: None

Abstract: Title 46 U.S.C. 12301, as amended by the Abandoned Barge Act 
of 1992, requires all undocumented barges more than 100 gross tons 
operating on the navigable waters of the United States be numbered. 
This rulemaking would establish a numbering system for these barges. 
The numbering of undocumented barges will allow identification of 
owners of barges found abandoned and help prevent future marine 
pollution. This rulemaking supports the Coast Guard's strategic goal of 
protection of the marine environment.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            10/18/94                    59 FR 52646
Comment Period End              01/17/95
ANPRM                           07/06/98                    63 FR 36384
Comment Period End              11/03/98
NPRM                            09/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Thomas Willis, Project Manager, National Vessel 
Documentation Center, Department of Transportation, U.S. Coast Guard, 
2039 Stonewall Jackson Drive, Falling Waters, WV 25419-9502
Phone: 304 271-2506

RIN: 2115-AF13
_______________________________________________________________________




2121. OUTER CONTINENTAL SHELF ACTIVITIES (CGD 96-068)

Priority:  Substantive, Nonsignificant

Legal Authority:  43 USC 1333(d)(1); 43 USC 1348(c); 43 USC 1356

CFR Citation:  33 CFR 140 to 147

Legal Deadline: None

Abstract: This project would revise the regulations on Outer 
Continental Shelf (OCS) activities to: add new requirements for 
lifesaving, fire protection, training, hazardous materials used as 
stores on fixed OCS facilities, and accommodation spaces; require 
foreign vessels engaged in OCS activities to comply with requirements 
similar to those imposed on U.S. vessels similarly engaged; and allow 
all mobile inland drilling units (MIDUs) to operate on the OCS out to a 
defined boundary line, if they meet requirements for lifesaving, 
firefighting, operations similar to those for fixed OCS facilities. 
This project would affect the owners and operators of facilities and 
vessels engaged in offshore activities associated with the exploration 
for, or development or production of, the resources of the OCS. The 
preliminary estimate of costs imposed by these amendments would vary 
according to the unit. The Coast Guard is consulting with the Minerals 
Management Service, part of the Department of the Interior. This 
project supports the Coast Guard's Marine Safety and Environmental 
Protection program's goal of reducing deaths and injuries and the 
amount of oil discharged into the marine environment. It also supports 
the Coast Guard's strategic goal of safety.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            06/27/95                    60 FR 33185
Comment Period End              09/25/95
NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: The Notice of Request for Comments published 27 
June 1995, was assigned Coast Guard docket number 95-016. Following the 
request for comments this docket was terminated. This project continues 
under docket CGD 96-068, and RIN number 2115-AF39.

Agency Contact: James Magill, Project Manager, G-MSO-2, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001
Phone: 202 267-1082

RIN: 2115-AF39
_______________________________________________________________________




2122. CARRIAGE OF BULK SOLID MATERIALS REQUIRING SPECIAL HANDLING (CGD 
97-037)

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  33 USC 1321; 46 USC 3306; 46 USC 3703; 46 USC 5111; 
46 USC 6101; 49 USC 1804; EO 11735; EO 12234

CFR Citation:  46 CFR 90; 46 CFR 97; 46 CFR 148

Legal Deadline: None

Abstract: This project will add materials carried with Special Permits 
issued under Coast Guard regulations and other materials contained in 
the International Maritime Organization Code of Safe Practice for Solid 
Bulk Cargoes (IMO Bulk Solids Code, or ``BC Code''), including coal, to 
the list of materials permitted under the regulations. The special 
handling procedures associated with these materials are also included 
in the new rules. The revisions will harmonize U.S. regulations with 
recommended international practice, and eliminate the need to apply for 
Special Permits, except for newly classified hazardous materials. This 
project supports the Coast Guard's strategic goal of safety and 
improved service to the United States shipping industry.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/99

[[Page 21606]]

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Public Compliance Cost: Initial Cost: $168,000; Yearly Recurring Cost: 
$400,000; Base Year for Dollar Estimates: 1999

Additional Information: This project was initiated with an ANPRM (28 
April 1989), and further developed in an NPRM (12 April 1994). In 
prioritizing resources, it was terminated on April 13, 1995. With 
resources available, it can now be completed as a direct final rule. 
Based on comments to the docket (previously CGD 87-069), this is a non-
controversial and welcome amendment to existing regulations.

Agency Contact: Brian Robinson, Project Manager, G-MSO-3, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001
Phone: 202 267-0018

RIN: 2115-AF47
_______________________________________________________________________




2123. +TOWING VESSEL SAFETY (FIRE SUPPRESSION SYSTEMS AND OTHER MEASURES 
FOR TOWING VESSELS) (CGD 97-064)

Priority:  Other Significant

Legal Authority:  46 USC 3719; 46 USC 4102

CFR Citation:  33 CFR 157; 46 CFR 27

Legal Deadline:
NPRM, Statutory, October 1, 1997.

Abstract: The Coast Guard proposes requirements for total flooding or 
other installed systems for suppressing fires on towing vessels and 
voyage planning. The purpose of this rulemaking is to reduce oil spills 
from single-hull, non-self-propelled barges. Drifting oil barges have 
run aground and spilled their cargoes, causing considerable damage to 
marine life and the environment. The measures in this rule could enable 
towing vessel crews to maintain or regain control of their barges 
before they run aground. This project was developed in cooperation with 
the Towing Safety Advisory Committee. This project supports the Coast 
Guard's Marine Safety and Environmental Protection program's goal to 
reduce the amount of oil discharged into the marine environment, and 
the Coast Guard's strategic goals of marine safety and protection of 
the marine environment. This project is classed significant by DOT due 
to congressional and public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/06/97                    62 FR 52057
Comment Period End              01/05/98
Notice of Public Meeting        02/27/98                     63 FR 9980
Reopening of Comment Period     02/27/98                     63 FR 9980
Comment Period End              05/11/98
SNPRM                           04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: This rulemaking originally proposed 
requirements for three sets of towing vessel safety issues: Fire 
suppression systems and other measures, Control measures for tank 
barges, and Fire protection measures for towing vessels. The latter two 
components have developed into separate rulemakings: Emergency Control 
Measures for Tank Barges (USCG-1998-4443) (RIN 2115-AF65) and Fire 
Protection Measures for Towing Vessels (USCG-1998-4445) (RIN 2115-
AF66).

Agency Contact: Randall Eberly, Project Manager, G-MSE-4, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001
Phone: 202 267-1099

RIN: 2115-AF53
_______________________________________________________________________




2124. POLLUTION PREVENTION FOR OCEANGOING SHIPS AND CERTAIN VESSELS IN 
DOMESTIC SERVICE (CGD 97-072)

Priority:  Substantive, Nonsignificant

Legal Authority:  46 USC 2103; 46 USC 3306; 46 USC 3703; 33 USC 1231; 
33 USC 1321(j); 33 USC 1903

CFR Citation:  33 CFR 151; 33 CFR 155; 33 CFR 157; 46 CFR 170; 46 CFR 
172

Legal Deadline: None

Abstract: This rulemaking concerns pollution prevention and the 
operational discharge of oil from vessels. It will align existing 
regulations on oil-water separators, operational discharge, damage and 
intact stability, and term of validity of International Oil Pollution 
Prevention Certificates with recent amendments under the International 
Convention for the Prevention of Pollution from Ships, 1973 (MARPOL). 
It will affect U.S.-flagged tank ships of 150 gross tons or more and 
other U.S.-flagged ships of four hundred gross tons or more. It will 
eliminate or reduce requirements for shore connections on certain 
vessels of one hundred gross tons or more. This project supports the 
Coast Guard's Marine Safety and Environmental Protection program's goal 
to reduce the amount of oil discharged into United States waters from 
maritime sources by 20 percent, and the Coast Guard's strategic goals 
of marine safety and protection of natural resources.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: LT Diane Kalina, Project Manager, G-M, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001
Phone: 202 267-0226

RIN: 2115-AF56
_______________________________________________________________________




2125. +SALVAGE AND FIREFIGHTING EQUIPMENT; VESSEL RESPONSE PLANS (USCG-
1998-3417)

Priority:  Other Significant

Legal Authority:  33 USC 1321

CFR Citation:  33 CFR 155

Legal Deadline: None

Abstract: Current vessel response plan regulations require that the 
owners or operators of vessels carrying groups I through V petroleum 
oil as a primary cargo identify in their response plans a salvage 
company with expertise and equipment, and a company with firefighting 
capability that can be deployed to a port nearest to the vessel's 
operating area within 24 hours of notification (groups I-IV) or a 
discovery of a discharge (group V). Numerous requests for clarification 
revealed widespread misunderstanding and confusion regarding the 
regulatory language, which will make the implementation of this 
requirement difficult. Based on comments received after the vessel 
response plan final rule publication (61 FR 1052; January 12,

[[Page 21607]]

1996) and during a Coast Guard hosted workshop, the Coast Guard intends 
to better define the terms ``salvage expertise and equipment'' and 
``vessel firefighting capability'' requirements and will reconsider the 
24-hour deployment requirement which was scheduled to go into effect on 
February 18, 1998. Therefore, the Coast Guard suspended the effective 
dates of the deployment requirements as published in the final rule. 
The Coast Guard will continue with this project to better define the 
requirements. This rulemaking supports the Coast Guard's strategic 
goals of marine safety and protection of the marine environment.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule: Partial Suspension  02/12/98                     63 FR 7069
NPRM                            09/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Partial suspension of regulations created 
through the vessel response plan final rule, docket No. 91-034, RIN 
2115-AD81

Agency Contact: LCDR Roger Laferriere, Project Manager, G-MOR-3, 
Department of Transportation, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-0448

RIN: 2115-AF60
_______________________________________________________________________




2126. REVISE FEES TO NUMBER UNDOCUMENTED VESSELS IN ALASKA (USCG-1998-
3386)

Priority:  Substantive, Nonsignificant

Legal Authority:  46 USC 12307

CFR Citation:  33 CFR 173

Legal Deadline: None

Abstract: This rule would revise the current fees the Coast Guard 
charges for numbering undocumented vessels in Alaska. The fees were 
promulgated in 1972 and do not reflect the costs that the Coast Guard 
incurs to issue the vessel numbers. All fees collected go to the 
Treasury's General Fund. The rule should result in an increased fee 
that reflects the current costs for the Coast Guard to issue the vessel 
numbers in Alaska. This rulemaking is required by the Coast Guard 
Authorization Act of 1996 (Pub. L. 104-324).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/01/99                     64 FR 4816
NPRM Comment Period End         04/02/99
Final Rule                      07/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Janice Giles, Project Manager, G-OPB-2, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001
Phone: 202 267-0911

RIN: 2115-AF62
_______________________________________________________________________




2127. DEEP WATER PORTS (CGD 97-050) (SECTION 610 REVIEW)

Priority:  Substantive, Nonsignificant

Legal Authority:  33 USC 1503

CFR Citation:  33 CFR 148 to 150

Legal Deadline: None

Abstract: The purpose of this rulemaking is to update the Deepwater 
Port Regulations. Section 502 of the Coast Guard Authorization Act of 
1996 prescribes changes to the regulations found in 33 CFR parts 148-
150 developed in accordance with the Deepwater Port Act of 1974. These 
regulations were developed in the 1970's when there were no deepwater 
ports in the United States. The Coast Guard will be revising the 
regulations to: remove from the regulations, and place in the license 
conditions, those requirements which belong in the license conditions; 
and remove from the regulations those things which can be addressed in 
an operations manual. The Coast Guard may also consider revising the 
regulations to address technological advancements and operational 
experience gained over the last twenty years. In accordance with 
section 610 of the Regulatory Flexibility Act, the Coast Guard is also 
reviewing these regulations for their impacts on small businesses and 
the potential to reduce any such impacts. Public comment on small 
business impacts is specifically requested. This project supports the 
Coast Guard's strategic goal of marine safety. This rulemaking will 
encompass a complete review of the Deepwater Port Regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           08/29/97                    62 FR 45774
Comment Period End              10/13/97
NPRM                            04/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: LT Diane Kalina, Project Manager, G-MSO-2, Department 
of Transportation, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-1181

RIN: 2115-AF63
_______________________________________________________________________




2128. COMMERCIAL DIVING OPERATIONS (USCG-1998-3786) (SECTION 610 REVIEW)

Priority:  Substantive, Nonsignificant

Unfunded Mandates: Undetermined

Legal Authority:  33 USC 1509; 43 USC 1333; 46 USC 3306; 46 USC 3703; 
46 USC 6101

CFR Citation:  46 CFR 197; 49 CFR 1.46

Legal Deadline: None

Abstract: This project involves reviewing and updating the commercial 
diving regulations in 46 CFR 197, subpart B, which are over 20 years 
old. A review of the commercial diving regulations needs to be done to 
determine what parts should be updated or changed based on the current 
standards of safety, technology, and industry practices and, in 
accordance with 5 U.S.C. 610, to evaluate and minimize any significant 
economic impact of the rules upon a substantial number of small 
entities. The project supports the Coast Guard Marine Safety and 
Environmental Protection Program's goal to reduce deaths and injuries 
on U.S. commercial vessels and the Coast Guard's strategic goal of 
safety.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           06/26/98                    63 FR 34840
ANPRM Comment Period End        11/09/98                    63 FR 50848
NPRM                            07/00/99

Regulatory Flexibility Analysis Required: Undetermined

[[Page 21608]]

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: LT Diane Kalina, Project Manager, G-MSO-2, Department 
of Transportation, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-1181

RIN: 2115-AF64
_______________________________________________________________________




2129.  VESSEL DOCUMENTATION (USCG-1998-4784)

Priority:  Substantive, Nonsignificant

Legal Authority:  46 USC 12103(d); 46 USC 31321(a)

CFR Citation:  46 CFR 67

Legal Deadline: None

Abstract: This rulemaking will propose regulations to: (1) combine a 
Manufacturer's Certificate of Origin (MCO) with the Builder's 
Certificate (form CG12-1261); (2) require that the Hull Identification 
Number (HIN) be included on the Application for Documentation of 
recreational vessels for those vessels required to have an assigned 
HIN; (3) require the submission of the original State title, or if not 
a title State, the original State registration and/or official 
replacements issued by a titling/registering authority when 
documentation is based on those methods of establishing title and; (4) 
establish procedures for electronic submission of instruments. These 
four initiatives offer increased efficiency of the vessel documentation 
process and increased fraud protection for vessel owners.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Dennis Nelson, Project Manager, Department of 
Transportation, U.S. Coast Guard, National Vessel Documentation Center, 
U. S. Coast Guard, 2039 Stonewall Jackson Dr, Falling Waters, WV 25419
Phone: 304 271-2400

RIN: 2115-AF71
_______________________________________________________________________




2130.  +REVISED BLOOD ALCOHOL CONCENTRATION (BAC) LIMIT (USCG-
1998-4593)

Priority:  Other Significant

Legal Authority:  46 USC 2302; 46 USC 4302

CFR Citation:  33 CFR 95; 33 CFR 177; 46 CFR 4; 46 CFR 4311

Legal Deadline: None

Abstract: This rulemaking will revise the Federal Blood Alcohol 
concentration(BAC) limit from .10 to .08 percent by weight to determine 
whether operators of recreational vessels are under the influence of 
alcohol or an illegal drug. With respect to recreational vessels on 
navigable waters within State boundaries, the Coast Guard will continue 
to adopt BAC limits enacted by respective State jurisdictions. This 
rulemaking will revise the rule adopting State BAC limits to account 
for recent developments in State boating legislation by removing 
language referencing state statutory schemes that no longer exist. The 
new rule will add language to reference statutory schemes that have 
come into existence since the promulgation of the .10 Federal BAC limit 
for recreational vessels. This rulemaking will also insert the words 
``under the influence of alcohol, or a dangerous drug in violation of a 
law of the United States'' in place of the word ``intoxication'' where 
it appears in Titles 33 and 46 of the Code of Federal Regulations. That 
change will affect sections involving operators of both recreational 
and commercial vessels. The purpose of that change is to bring those 
regulations into conformity with the language of 46 USC 2302(c), as 
amended by the Oil Pollution Act of 1990. This rulemaking supports the 
Coast Guard's strategic goal of marine safety. This project is 
significant due to substantial Departmental and public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: None

Agency Contact: Carlton Perry, Project Manager, G-OPB-1, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593
Phone: 202 267-0979

RIN: 2115-AF72
_______________________________________________________________________




2131.  FREQUENCY OF INSPECTION, HULL EXAMINATION ALTERNATIVE FOR 
CERTAIN PASSENGER VESSELS, AND UNDERWATER SURVEYS FOR PASSENGER VESSELS 
(USCG-1999-4976)

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  46 USC 3305 to 3308

CFR Citation:  46 CFR 2; 46 CFR 31; 46 CFR 71; 46 CFR 91; 46 CFR 107; 
46 CFR 115; 46 CFR 126; 46 CFR 131; 46 CFR 167; 46 CFR 169; 46 CFR 176; 
46 CFR 189

Legal Deadline: None

Abstract: The regulatory project will harmonize the inspection/survey 
system that will enable vessel owners and operators to receive their 
certificates of inspection, SOLAS certificates, and load line 
certificates simultaneously. It would also implement the 1988 Protocol 
to the 1974 SOLAS Convention. It will facilitate international progress 
in maritime safety and environmental protection. For the purpose of 
continuity, non-convention vessels will comply with the new inspection 
frequency. The proposed regulations would also establish hull 
examination alternatives and a drydock extension policy for qualifying 
passenger vessels that operate exclusively on benign, low-risk 
environments, and that have a limited time underway. In addition, the 
proposed regulations would provide the option of alternating drydock 
examinations with underwater surveys for passenger vessels. This 
project supports the Coast Guard's Marine Safety and Environmental 
Protection Program's goal of mobility by facilitating commerce and 
eliminating interruptions and impediments to the economical movement of 
goods and people.

[[Page 21609]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: James Cratty, Project Manager (G-MSR-2), Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593
Phone: 202 267-6742

RIN: 2115-AF73
_______________________________________________________________________




2132.  +VESSEL TRAFFIC SERVICE LOWER MISSISSIPPI/AUTOMATIC 
IDENTIFICATION SYSTEM CARRIAGE REQUIREMENT (USCG-1998-4399)

Priority:  Other Significant

Legal Authority:  33 USC 1223(a)

CFR Citation:  33 CFR 161; 33 CFR 164; 33 CFR 165

Legal Deadline: None

Abstract: This project proposes to establish a new Vessel Traffic 
Service (VTS) area in the Lower Mississippi River region and proposes 
the implementation of an Automatic Identification System (AIS) carriage 
requirement for certain vessels operating in the new VTS area. The VTS 
Lower Mississippi area of responsibility will span from 20 miles north 
of Baton Rouge (mile marker 255) to the sea buoy at Southwest Pass. The 
proposed AIS carriage requirement is needed because of the technology 
to be employed in VTS Lower Mississippi River. Unlike traditional VTSs, 
which are based on radar and video surveillance and rely on voice 
communications by VHF-FM radio, VTS Lower Mississippi will use AIS 
transponder technology to perform the majority of both surveillance and 
information exchange. AIS transponders automatically exchange 
navigational and positional information in ship-to-ship and ship-to-
shore-to-ship modes. AIS will improve a mariner's situational 
awareness, should reduce the cost of operating a VTS, and will 
eliminate much of the potentially distracting voice communications 
associated with traditional VTS operations. This project will also 
solicit public comments on a potential nationwide AIS carriage 
requirement, which may be implemented at some point in the future. This 
rulemaking supports the Coast Guard's strategic goals of marine safety 
and protecting the marine environment. This rulemaking is significant 
due to public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: Undetermined

Agency Contact: Diane Schneider, Project Manager, G-MOV, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001
Phone: 202 267-0352

RIN: 2115-AF75
_______________________________________________________________________




2133.  VAPOR CONTROL SYSTEMS (SECTION 610 REVIEW) (USCG-1999-
5150)

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  33 USC 1225; 33 USC 1231; 33 USC 1321; 46 USC 3306; 
46 USC 3703

CFR Citation:  46 CFR 39; 33 CFR 154.8

Legal Deadline: None

Abstract: This project will revise the facility marine vapor control 
systems (VCS) safety regulations and the vessel VCS safety regulations. 
These existing regulations require revision to reflect new Federal and 
State air emissions control requirements, VCS technology developments, 
and, to evaluate and minimize any significant economic impacts of the 
rules upon small entities. The revisions will also incorporate Coast 
Guard policies and guidelines developed to support the existing 
regulations and a Navigation and Vessel Inspection Circular which 
provides safety standards for the design and operation of a marine VCS 
at tank barge cleaning facilities. This project supports the Coast 
Guard Marine Safety and Environmental Protection Program's goal to 
reduce crewmember deaths and injuries on U.S. commercial vessels, it 
seeks to reduce the amount of oil and chemicals discharged into the 
nation's waterways,and it promotes the Coast Guard's strategic goal of 
marine safety.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Sara Ju, Project Manager, G-MSO-3, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001
Phone: 202 267-1217

RIN: 2115-AF78
_______________________________________________________________________




2134.  +RESPONSE PLANS FOR MARINE TRANSPORTATION RELATED 
FACILITIES HANDLING NON-PETROLEUM OILS (1999-USCG-5149)

Priority:  Other Significant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  33 USC 1321

CFR Citation:  33 CFR 154.12

Legal Deadline:
NPRM, Statutory, March 1999.

Abstract: This rulemaking project would revise regulations for response 
plans for animal fats and vegetable oils facilities to address a 
congressional mandate. Revisions will downgrade facilities from a 
significant and substantial harm classification to a substantial harm 
classification and clarify planning and equipment requirements. This 
regulatory project supports the Coast Guard's strategic goal to reduce 
the amount of oil discharged into the marine environment. This 
regulatory project is a significant rulemaking due to public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

[[Page 21610]]

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Mark Meza, Project Manager, G-MOR, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001
Phone: 202 267-0518

RIN: 2115-AF79
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                     Final Rule Stage


U.S. Coast Guard (USCG)



_______________________________________________________________________




2135. SAFETY/SECURITY ZONE REGULATIONS

Priority:  Routine and Frequent

Legal Authority:  33 USC 1233; 33 USC 1225

CFR Citation:  33 CFR 100; 33 CFR 165

Legal Deadline: None

Abstract: These routine and frequent regulations establish limited 
access zones in which the Coast Guard exercises control of all vessels 
to ensure the safety or security of events, vessels or individuals. 
They are usually of short duration, ranging from a few hours to a few 
days. Safety zones are established for events such as fireworks 
displays, high speed races, or the transit of dangerous cargoes such as 
explosives or liquefied petroleum gas. Security zones are established 
for presidential or vice presidential visits, high profile events such 
as the Olympics, or controversial events such as transport of spent 
nuclear fuel. Safety and security zones are promulgated by Captains of 
the Port or District Commanders in response to requests or 
notifications from appropriate officials. These routine and frequent 
rulemakings support the Coast Guard's strategic goals of waterways 
management and marine safety. Total actions expected 10/01/98 to 10/01/
99: 250. The Coast Guard is currently evaluating Y2K computer issues 
and whether they will alter the number of safety/security zones 
implemented during fiscal year 1999.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Actions Will Continue Through   10/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: This is an open docket for routine field 
regulations.

Agency Contact: Barbara Marx, Project Manager, G-MOV, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001
Phone: 202 267-0574

RIN: 2115-AA97
_______________________________________________________________________




2136. SPECIAL ANCHORAGE AREAS/ANCHORAGE GROUNDS REGULATIONS

Priority:  Routine and Frequent

Legal Authority:  33 USC 471; 33 USC 2030; 33 USC 2035; 33 USC 2071

CFR Citation:  33 CFR 110

Legal Deadline: None

Abstract: These routine and frequent regulations are established where 
maritime and commercial interests require them for safety of 
navigation. Special anchorage areas are areas in which vessels of not 
more than 65 feet may anchor without displaying the required lights or 
sound signals. These special anchorage areas are limited 
geographically, and depending upon the purpose, establish both long and 
short-term anchorages. Anchorage grounds are limited geographically, 
delineate the types and size of vessel which may use the anchorage, and 
may place time and other restrictions on its use. Special anchorage 
areas and anchorage grounds are promulgated by District Commanders in 
response to requests from appropriate officials. These routine and 
frequent rulemakings support the Coast Guard's strategic goal of 
waterways management and marine safety. Total actions expected 10/01/98 
to 10/01/99: 10.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Actions Will Continue Through   10/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: This is an open docket for routine field 
regulations.

Agency Contact: Barbara Marx, Project Manager, G-MOV, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001
Phone: 202 267-0574

RIN: 2115-AA98
_______________________________________________________________________




2137. +STATE ACCESS TO THE OIL SPILL LIABILITY TRUST FUND (CGD 92-014)

Priority:  Other Significant

Legal Authority:  33 USC 2712

CFR Citation:  33 CFR 133

Legal Deadline:
NPRM, Statutory, February 18, 1991.

Abstract: Pursuant to the Oil Pollution Act of 1990 (OPA 90), this 
action specifies how the authority to obligate the pollution trust fund 
for oil spill response and cleanup efforts and to enter into agreements 
with the States will be exercised. The Coast Guard is evaluating the 
performance of the interim rule and expects to publish a final rule by 
December, 1999. This rulemaking supports the Coast Guard's strategic 
goal of the protection of natural resources. This rulemaking is 
considered significant because of substantial State interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              11/13/92                    57 FR 53968
Comment Period End              02/11/93
Final Action                    12/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 11/13/92, 57 FR 53968

Agency Contact: Al Thuring, Project Manager, National Pollution Funds 
Center, Department of Transportation, U.S. Coast Guard, 4200 Wilson 
Blvd, Suite 1000, Arlington, VA 22203-1804

[[Page 21611]]

Phone: 703 235-4746

RIN: 2115-AE19
_______________________________________________________________________




2138. HANDLING OF EXPLOSIVES OR OTHER DANGEROUS CARGOES WITHIN OR 
CONTIGUOUS TO WATERFRONT FACILITIES (CGD 92-026)(USCG-1998-4302)

Priority:  Substantive, Nonsignificant

Legal Authority:  33 USC 1231

CFR Citation:  33 CFR 126

Legal Deadline: None

Abstract: This rulemaking is intended to revise existing regulations 
covering waterfront facilities handling dangerous cargoes. The present 
regulations are outdated and do not reflect improved safety procedures 
and modern transportation methods, such as the use of containers. Where 
appropriate, the regulations would incorporate industry standards 
regarding the handling of hazardous materials at waterfront facilities. 
This project also supports the Vice Commandant's workload reduction 
initiative, and also supports Coast Guard strategic goals by reducing 
deaths and injuries in the maritime industry.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           01/13/93                     58 FR 4127
Comment Period End              04/13/93
NPRM                            10/29/98                    63 FR 57964
Comment Period End              12/28/98
NPRM Reopening of Comment Period01/12/99                     64 FR 1770
Comment Period End              03/01/99
Final Rule                      08/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Independent study has been completed and 
incorporated with comments from the public in the preparation of the 
proposed rulemaking.

Agency Contact: LCDR John Farthing, Project Manager, G-MSO-2, 
Department of Transportation, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-0567

RIN: 2115-AE22
_______________________________________________________________________




2139. REGATTA REGULATIONS

Priority:  Routine and Frequent

Legal Authority:  33 USC 1233

CFR Citation:  33 CFR 100

Legal Deadline: None

Abstract: These routine and frequent special local regulations ensure 
the safety of participants and spectators in regattas and marine 
parades. They specify such things as separate participant and spectator 
areas, separation schemes for water craft in the area of the event, and 
temporary restrictions on waterways to accommodate the event. These 
rules are short-term, usually applying to a single event not exceeding 
8 hours in duration, and usually encompassing only a small portion of a 
navigable waterway. These rules are promulgated by District Commanders 
in response to a request from a sponsoring organization. These routine 
and frequent rulemakings support the Coast Guard's strategic goal of 
marine safety, and mobility of commercial and recreational vessel 
traffic. Total actions expected 10/01/98 to 10/01/99: 75.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Actions Will Continue Through   10/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: None

Additional Information: This is an open docket for routine field 
regulations.

Agency Contact: Carlton Perry, Project Manager, G-OPB-1, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001
Phone: 202 267-0979

RIN: 2115-AE46
_______________________________________________________________________




2140. DRAWBRIDGE REGULATIONS

Priority:  Routine and Frequent

Legal Authority:  33 USC 499

CFR Citation:  33 CFR 117

Legal Deadline: None

Abstract: These routine and frequent regulations establish operating 
schedules, and notice requirements, for drawbridges across navigable 
waterways. Drawbridge regulations establish the permanent draw 
operation schedules for bridges and specify what notice mariners must 
give to request an opening. Short-term deviations from the permanent 
schedule may be issued for bridge repairs or to test the effectiveness 
of a proposed new opening schedule. Drawbridge regulations are 
promulgated by District Commanders usually at the request of the bridge 
owner or operator, or of local officials or local Coast Guard bridge 
administration officials. These routine and frequent rulemakings 
support the Coast Guard's strategic goals of waterways management, 
marine safety, and mobility of commercial and recreational vessel 
traffic. Total actions expected 10/01/98 to 10/01/99: 40.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Actions Will Continue Through   10/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: None

Additional Information: This is an open docket for routine field 
regulations.

Agency Contact: Alesia Steinberger, Project Manager, G-OPT-1, 
Department of Transportation, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-6215

RIN: 2115-AE47
_______________________________________________________________________




2141. REGULATED NAVIGATION AREAS

Priority:  Routine and Frequent

Legal Authority:  33 USC 1233; 50 USC 191

CFR Citation:  33 CFR 165

Legal Deadline: None

Abstract: These routine and frequent regulations establish operating 
requirements for vessels within specified geographic areas to ensure 
safety on the navigable waters where some special or unusual 
circumstance exists. Regulated navigation areas are limited areas in 
which the Coast Guard specifies operational or vessel restrictions such 
as vessel entry, movement or departure; and vessel size, speed, 
horsepower, or draft limitations. Regulated navigation areas

[[Page 21612]]

are promulgated by District Commanders, usually at the request of Coast 
Guard marine safety or local maritime safety officials. These routine 
and frequent rulemakings support the Coast Guard's strategic goals of 
waterways management, marine safety, and mobility of commercial and 
recreational vessel traffic. Total actions expected 10/01/98 to 10/01/
99: 10.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Actions Will Continue Through   10/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: This is an open docket for routine field 
regulations.

Agency Contact: Barbara Marx, Project Manager, G-MOV, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001
Phone: 202 267-0574

RIN: 2115-AE84
_______________________________________________________________________




2142. REGATTAS AND MARINE PARADES (CGD 95-054)

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  33 USC 1233

CFR Citation:  33 CFR 100

Legal Deadline: None

Abstract: In keeping with the National Performance Review and the 
President's Regulatory Reinvention Initiative, the Coast Guard reviewed 
its regatta and marine parade permitting regulations and determined 
that certain revisions are needed to eliminate overly burdensome, 
unnecessary, and obsolete requirements. The rule establishes various 
categories of events: those which do not require any notice or a permit 
because they clearly pose no extra or unusual hazard to safety of life; 
those which require written notice because they may pose such a hazard; 
and those which require a permit because they clearly pose such a 
hazard. This rule eliminates the need for permits, and associated 
paperwork burden on the public, unless they are necessary to advance 
the statutory purpose of promoting safety of life during marine events. 
The effective date has been delayed until the Coast Guard completes the 
Environmental Assessment and Finding of No Significant Impact. This 
rulemaking supports the Coast Guard's strategic goal of marine safety 
and mobility of commercial and recreational vessels.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           12/26/95                    60 FR 67345
Comment Period End              02/09/96
NPRM                            04/17/96                    61 FR 16732
Comment Period End              05/17/96
Interim Rule                    06/28/96                    61 FR 33027
Comment Period End              08/27/96
Interim Rule Delay Effective 
Date to 01/01/98                11/26/96                    61 FR 60027
Interim Rule Delay Effective 
Date to 01/01/99                12/29/97                    62 FR 67570
Interim Rule Delay Effective 
Date to 01/02/00                12/30/98                    63 FR 71753
Final Action                    08/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: None

Additional Information: This rulemaking will benefit small entities, 
and state and local governments by reducing the number of submitted 
permits. The rulemaking should reduce the information which is required 
to be submitted from 3,100 permits to 1,500 notifications, 20 of which 
may require additional information.
ANALYSIS: Regulatory Evaluation, 06/26/96, 61 FR 33031

Agency Contact: Carlton Perry, Project Manager, G-OPB-1, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001
Phone: 202 267-0979

RIN: 2115-AF17
_______________________________________________________________________




2143. LICENSING AND MANNING FOR OFFICERS OF TOWING VESSELS (CGD 94-055)

Priority:  Substantive, Nonsignificant

Legal Authority:  14 USC 633; 31 USC 9701; 44 USC 3507; 46 USC 2103; 46 
USC 7101; 46 USC 7106; 46 USC 7107; 46 USC 7701

CFR Citation:  46 CFR 10; 46 CFR 15

Legal Deadline: None

Abstract: This rulemaking is necessary as part of an overall initiative 
by the Coast Guard to improve navigational safety for towing vessels. 
It will help ensure that the mariner piloting a towing vessel has the 
proper training and qualifications to handle the tug and tow. It will 
introduce an additional level of license where there has been only two 
licenses. Each level will require greater experience and proficiency. 
This will prevent a new operator with minimal experience from 
commanding the largest flotillas; it will prevent any operator with any 
experience from commanding the large flotillas until he or she has 
gained, and shown, the necessary competence. This rulemaking also 
introduces a requirement for demonstration of proficiency as a 
prerequisite to being issued a license. This will be in addition to the 
current requirements for sea service physical examination, drug 
testing, and successful testing. This project supports the Coast 
Guard's Marine Safety and Environmental Protection program's goal to 
reduce the number of casualties, and the Coast Guard's strategic goal 
of marine safety.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/19/96                    61 FR 31332
Correction                      07/11/96                    61 FR 36608
Correction                      08/07/96                    61 FR 41208
Notice of Meeting               08/26/96                    61 FR 43720
Comment Period End              10/17/96
Notice of Intent                12/18/96                    61 FR 66642
SNPRM                           10/27/97                    62 FR 55548
Notice of Public Meeting Boston 
02/18/98                        01/21/98                     63 FR 3070
Notice of Public Meeting Houston 
02/13/98                        01/21/98                     63 FR 3070
Notice of Public Meeting Memphis 
02/11/98                        01/21/98                     63 FR 3070
Notice of Public Meeting Seattle 
02/24/98                        01/21/98                     63 FR 3070

[[Page 21613]]

Comment Period End              02/24/98
Interim Final Rule              04/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: LCDR Don Darcy, Project Manager, G-MSO-1, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001
Phone: 202 267-0221

RIN: 2115-AF23
_______________________________________________________________________




2144. LIMITED SERVICE DOMESTIC VOYAGE LOAD LINES FOR RIVER BARGES ON 
LAKE MICHIGAN (CGD 95-015) (USCG-1998-4623)

Priority:  Substantive, Nonsignificant

Legal Authority:  46 USC 51

CFR Citation:  46 CFR 45

Legal Deadline: None

Abstract: This regulatory project will allow certain unmanned dry cargo 
river barges operating on Lake Michigan to be exempted from the normal 
Great Lakes load line requirements provided instead that they obtain a 
limited domestic service load line for two specific routes (Chicago to 
Milwaukee, and Chicago to Muskegon). This will allow certain non-
hazardous cargoes originating at inland river ports to be transported 
as far as Milwaukee and Muskegon by river barge, thereby benefiting 
from the relatively low cost per ton-mile of river barge 
transportation. Compliance is not mandatory other than for those river 
barge operators who voluntarily seek this special load line for their 
barges. This rulemaking supports the Coast Guard's strategic goal of 
marine safety.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/02/98                    63 FR 58679
NPRM Extension of Comment Period12/28/98                    63 FR 71411
Comment Period End              03/04/99
Final Action                    06/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Organizations

Government Levels Affected: None

Agency Contact: Thomas Jordan, Project Manager, G-MSE-2, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001
Phone: 202 267-2988

RIN: 2115-AF38
_______________________________________________________________________




2145. TRAFFIC SEPARATION SCHEME IN THE APPROACHES TO DELAWARE BAY (CGD 
97-004)

Priority:  Substantive, Nonsignificant

Legal Authority:  33 USC 1223

CFR Citation:  33 CFR 167

Legal Deadline: None

Abstract: This rule amends the Traffic Separation Scheme in approaches 
to Delaware Bay by shifting eastern approach lanes southward; 
establishing a two-way route for use by tug and tow traffic; and 
reconfiguring the precautionary area to exclude shoal areas too shallow 
for deep draft vessels. This rulemaking supports the Coast Guard's 
Marine Safety and Environmental Protection goal of reducing the number 
of collisions, allisions, and groundings, and the Coast Guard's 
strategic goal of marine safety and protection of natural resources.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/09/97                    62 FR 25576
Comment Period End              08/07/97
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Diane Schneider, Project Manager, G-MOV-2, Department 
of Transportation, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-0352

RIN: 2115-AF42
_______________________________________________________________________




2146. USER FEES FOR MARINE LICENSING, CERTIFICATES OF REGISTRY, AND 
MERCHANT MARINER DOCUMENTS (USCG-1997-2799)

Priority:  Substantive, Nonsignificant

Legal Authority:  46 USC 2110; 14 USC 664; 31 USC 9701

CFR Citation:  46 CFR 10; 46 CFR 12; 49 CFR 1.46

Legal Deadline: None

Abstract: This project would revise user fees for Coast Guard services 
relating to the issuance of merchant mariner licenses, certificates of 
registry and MMDs. This rulemaking was ordered by the District Court 
for the D.C. Circuit. The litigation was settled on September 17, 1997, 
but the terms of the settlement require the Coast Guard to complete the 
rulemaking. The user fees are based on direct and indirect personnel 
costs and overhead costs associated with specific services, and will 
affect all mariners obtaining or renewing marine licenses, certificates 
of registry and Merchant Mariner Documents.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/01/98                    63 FR 16024
NPRM Comment Period End         09/28/98
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: No

Government Levels Affected: Undetermined

Additional Information: The previous docket number for this rulemaking 
was CGD 97-049. Annual compliance costs to the public are $9.2 million. 
Related Dockets are CGD 96-053 and USCG-97-2798.

Agency Contact: CDR Mark McEwen, Project Manager, G-MRP-2, Department 
of Transportation, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-1409

RIN: 2115-AF49
_______________________________________________________________________




2147. IMPLEMENTATION OF THE NATIONAL INVASIVE SPECIES ACT OF 1996 (CGD 
97-068)(USCG-1999-3423)

Priority:  Substantive, Nonsignificant

Legal Authority:  16 USC 4701; 16 USC 4702; 16 USC 4711 to 4714; 16 USC 
4721 to 4728; 16 USC 4741; 16 USC 4751

CFR Citation:  33 CFR 151

Legal Deadline:
NPRM, Statutory, October 26, 1997.

Abstract: This project will establish regulations and guidelines to 
prevent the introduction of nonindigenous

[[Page 21614]]

species into waters of the United States. Ballast water has been 
identified as a major pathway for the introduction and spread of 
Aquatic Nuisance Species (ANS). This rulemaking will establish 
voluntary ballast water exchange guidelines applicable to all vessels 
entering U.S. waters, as well as reporting and sampling procedures to 
monitor compliance. This project supports the Coast Guard's Marine 
Safety and Environmental Protection program's goal to reduce the volume 
of untreated ballast water discharged into United States waters, and 
the Coast Guard's strategic goal of protection of natural resources.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/10/98                    63 FR 17782
NPRM Comment Period End         06/09/98
Interim Final Rule              04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: LT M. Pat McKeown, Project Manager, G-MSO, Department 
of Transportation, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-0500

RIN: 2115-AF55
_______________________________________________________________________




2148. MARITIME COURSE APPROVAL PROCEDURES (USCG-1998-3824)

Priority:  Substantive, Nonsignificant

Legal Authority:  31 USC 9701; 46 USC 2101; 46 USC 2103; 46 USC 2110; 
46 USC 7101 et seq; 46 USC 7502; 46 USC 7505; 46 USC 7701

CFR Citation:  46 CFR 10; 49 CFR 1.45; 49 CFR 1.46

Legal Deadline: None

Abstract: This rulemaking will permit the Coast Guard to suspend or 
revoke its approval of courses for merchant mariners. Current 
regulations do not contain provisions to suspend or revoke course 
approvals. This rulemaking will affect training schools which offer 
Coast Guard approved courses, when those schools fail to comply with 
the terms of course approval. By ensuring that schools maintain 
uniformly high standards, this rulemaking supports the Coast Guard's 
Marine Safety and Environmental Protection program's goal of reducing 
injuries and deaths aboard commercial vessels, and reducing the amount 
of pollution being discharged into the marine environment, and the 
Coast Guard's strategic goal of protection of natural resources.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/13/98                    63 FR 26566
NPRM Comment Period End         07/13/98
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: James Cavo, Project Manager, National Maritime Center, 
Department of Transportation, U.S. Coast Guard, 4200 Wilson Blvd, Suite 
510, Arlington, VA 22203-1801
Phone: 703 235-0010

RIN: 2115-AF58
_______________________________________________________________________




2149. CONSOLIDATION OF RULES FOR PROCEEDINGS AGAINST MERCHANT MARINERS' 
LICENSES, CERTIFICATES, AND DOCUMENTS (94-111)

Priority:  Substantive, Nonsignificant

Legal Authority:  46 USC 7701; 46 USC 7702; 33 USC 1321; 42 USC 9609

CFR Citation:  33 CFR 20; 46 CFR 5; 46 CFR 4

Legal Deadline: None

Abstract: The Coast Guard maintains two separate sets of procedural 
rules for administrative adjudications against merchant mariners' 
license, certificates, and documents, and the adjudication of class II 
civil penalties. The rules for suspension and revocation, contained in 
part 5 of title 46 of the Code of Federal Regulations (CFR), date from 
1948 and are based on criminal procedure. The rules for class II civil 
penalties, contained in part 20 of title 33 of the CFR, date from 1994 
and are based on the Model Rules of Administrative Procedure and on 
other modern rules for civil procedure. Neither set implements the 
authority of the Oil Pollution Act of 1990 (OPA 90): which provides for 
the temporary suspension of a license, certificate, or document for up 
to 45 days without a hearing, in certain circumstances, and a hearing 
within 30 days of any such suspension. This rulemaking would 
consolidate all procedural rules for administrative adjudications for 
class II civil penalties, and allow the Coast Guard to implement the 
OPA 90 authority. This project supports two goals: the strategic goal 
of the Coast Guard to promote safety, and the goal of its program in 
Marine Safety and Environmental Protection to reduce injuries and 
deaths of crewmembers aboard commercial vessels of the United States.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/06/98                    63 FR 16731
NPRM Comment Period End         05/06/98
Reopening of Comment Period     05/20/98                    63 FR 27700
Reopened Comment Period End     06/19/98
Interim Final Rule              04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: This rulemaking revises in part the previous 
docket of CGD 94-101 (RIN 2115-AD94), which was terminated on December 
20, 1995.

Agency Contact: George Jordan, Project Manager, G-CJ, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001
Phone: 202 267-2940

RIN: 2115-AF59
_______________________________________________________________________




2150. +FIRE PROTECTION MEASURES FOR TOWING VESSELS (USCG-1998-4445)

Priority:  Other Significant

Legal Authority:  46 USC 4102

CFR Citation:  46 CFR 25; 46 CFR 27

Legal Deadline:
NPRM, Statutory, October 1, 1997.

Abstract: This rulemaking will require fire protection measures such as 
fire detectors, alarms, portable extinguishers, and periodic crew 
training on towing vessels. The purpose of this rulemaking is to reduce 
oil spills from single-hull, non-self-propelled tank vessels. Drifting 
oil barges have run aground and spilled their cargoes, causing 
considerable damage to marine life and the environment. This

[[Page 21615]]

rulemaking supports the Coast Guard's strategic goals of marine safety 
and protection of the marine environment. This project is classed 
significant by DOT due to congressional & public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM (RIN 2115-AF53)            10/06/97                    62 FR 52057
NPRM Comment Period End         01/05/98
Interim Final Rule              04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: This rulemaking was one component of the 
proposed regulations for Towing Vessel Safety (CGD 97-064) (RIN 2115-
AF53) concerning tank barges. To expedite the publication of 
regulations mandated by statute, the Towing Vessel Safety rulemaking 
was separated into additional rulemakings. The other former components 
of the Towing Vessel Safety rulemaking are Emergency Control Measures 
for Tank Barges (USCG-1998-4443) (RIN 2115-AF65) and Towing Vessel 
Safety(Fire Suppression systems and other Measures for Towing Vessels) 
(CGD-97-064)(RIN-2115-AF53).

Agency Contact: Randall Eberly, Project Manager, G-MSE-4, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001
Phone: 202 267-1861

RIN: 2115-AF66
_______________________________________________________________________




2151.  CHEMICAL TESTING; MANAGEMENT INFORMATION SYSTEM REPORTING 
REQUIREMENTS (USCG-1998-4469)

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  46 USC 2115

CFR Citation:  46 CFR 16

Legal Deadline: None

Abstract: The Office of Management and Budget requested that the Coast 
Guard reduce its reporting requirements for chemical drug testing 
program data, contained in entitled Management Information System (MIS) 
requirements. The Coast Guard will eliminate the MIS reporting 
requirements for those employers with ten or fewer covered employees 
who have provided the required MIS reports for three consecutive years. 
These employers will continue to collect and retain the drug testing 
data; but will not have to compile and report the data annually to 
Coast Guard. This rulemaking supports the Coast Guard's strategic goal 
of mobility of commercial vessels.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/24/98                    63 FR 71257
NPRM Comment Period End         02/22/99
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: None

Agency Contact: LT Jennifer Ledbetter, Project Manager, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001
Phone: 202 267-0684

RIN: 2115-AF67
_______________________________________________________________________




2152.  INCORPORATIONS BY REFERENCE FOR ALTERNATE COMPLIANCE 
PROGRAM (ACP)(USCG-1999-5004)

Priority:  Substantive, Nonsignificant

Legal Authority:  46 USC 3116

CFR Citation:  46 CFR 8.110(b)

Legal Deadline: None

Abstract: The purpose of this rulemaking is to add the following 
recently approved sets of classification society rules and U.S. 
supplements for those rules to the ACP regulations: The American Bureau 
of Shipping (ABS) 1997 and 1998 Rules for Building and Classing Steel 
Vessels; The 1997 U.S. Supplement to ABS Rules for Steel Vessels; ABS 
1998 Rules for building and Classing Mobile Offshore Drilling Units 
(MODUs); The 1998 U.S. Supplement to ABS Rules for MODUs; 1998 Lloyd's 
Register (LR) of Shipping Rules and Regulations for Classification of 
Ships; and the 1998 U.S. Supplement to LR Rules for Cargo Ship Safety 
Construction. Adding these rules and supplements through incorporation 
by reference is essential to the continued viability and validity of 
the Alternate Compliance Program for vessel inspection. This rulemaking 
is noncontroversial because it is administrative in nature and unlikely 
to result in adverse public comment. Accordingly, the Coast Guard 
intends to issue this rule as a direct final rule. This rulemaking 
supports the Coast Guard's strategic goal of facilitating maritime 
commerce.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Direct Final Rule               04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Robert Spears, Project Manager, G-MSR, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001
Phone: 202 267-1099

RIN: 2115-AF74
_______________________________________________________________________




2153.  STANDARD MEASUREMENT SYSTEM EXEMPTION FROM GROSS TONNAGE 
(USCG-1999-5118)

Priority:  Substantive, Nonsignificant

Legal Authority:  46 USC 2301; 46 USC 14103

CFR Citation:  46 CFR 69

Legal Deadline: None

Abstract: The purpose of this rulemaking is to permit a crosspiece and 
bolting arrangement to hold bulkhead board or plates in place. Coast 
Guard tonnage regulations provide an exemption from gross tonnage of 
superstructure spaces that are open to weather. To qualify as ``open to 
the weather,'' the end bulkhead of the structure must be open, although 
the opening may be fitted with shifting boards dropped into channel 
sections, or a temporary cover plate or boards held in place with hook 
bolts meeting specific criteria. Prior to 1989, the tonnage regulations 
permitted a crosspiece and bolting arrangement to hold bulkhead boards 
or plates in place. The associated bulkhead was essentially 
``sandwiched'' between the

[[Page 21616]]

boards or plates and cross pieces. In 1989, this crosspiece bolting 
arrangement alternative was deleted from the regulation text in error 
while the tonnage regulations were being revised. This rulemaking will 
proceed directly to a final rule because it relieves a burden by 
reinstating a previously allowed alternative. Accordingly, this rule is 
noncontroversial and unlikely to spur adverse public comment. This 
rulemaking supports the Coast Guard's strategic goal of facilitating 
maritime commerce.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Direct Final Rule               04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Peter Earekson, Project Manager, Marine Safety Center, 
Department of Transportation, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 366-6441

RIN: 2115-AF76
_______________________________________________________________________




2154.  UPDATE OF AMERICAN SOCIETY OF TESTING AND MATERIALS 
(ASTM) STANDARDS (USCG-1999-5151)

Priority:  Substantive, Nonsignificant

Legal Authority:  5 USC 552

CFR Citation:  1 CFR 51.5; 33 CFR 127; 33 CFR 154 to 155; 33 CFR 159; 
33 CFR 164; 33 CFR 183; 46 CFR 20; 46 CFR 28; 46 CFR 30; 46 CFR 32 to 
35; 46 CFR 38 to 39; 46 CFR 54; 46 CFR 56; 46 CFR 58; 46 CFR 61; ...

Legal Deadline: None

Abstract: The purpose of this regulation is to update 143 of the 170 
American Society of Testing and Materials (ASTM) standards that have 
been incorporated by reference in Titles 33 and 46 of the Code Federal 
Regulations. Some of the existing standards are 20 years old. By 
ensuring that industry is using the latest standards technology 
available, the Coast Guard will improve maritime safety and ensure the 
adequacy of oil spill response equipment. Because this project is 
expected to be noncontroversial and is unlikely to spur adverse public 
comment, the Coast Guard will promulgate the regulations as a direct 
final rule. This project supports the Coast Guard's goals of marine 
safety and the protection of natural resources.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Direct Final Rule               10/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Organizations

Government Levels Affected: None

Agency Contact: John Natale, Project Manager, G-MSR-1, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001
Phone: 202 267-6220

RIN: 2115-AF80
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                    Long-Term Actions


U.S. Coast Guard (USCG)



_______________________________________________________________________




2155. PERMITS FOR THE TRANSPORTATION OF MUNICIPAL AND COMMERCIAL WASTES 
(CGD 89-014)

Priority:  Substantive, Nonsignificant

Legal Authority:  33 USC 2602

CFR Citation:  33 CFR 151

Legal Deadline:
Final, Statutory, June 15, 1989, See discussion in the Abstract.

Abstract: In May 1989, the Coast Guard began a rulemaking to 
incorporate into regulation certain elements of the Shore Protection 
Act. Its objective was to help prevent trash, medical debris, and other 
unsightly and potentially harmful materials from being deposited into 
the coastal waters of the United States as a result of sloppy waste-
handling procedures. This project supported the Coast Guard's Marine 
Safety and Environmental Protection program goal of reducing discharge 
of plastics/garbage into the marine environment and the Coast Guard's 
strategic goal of protection of natural resources.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              05/24/89                    54 FR 22546
Correction                      06/05/89                    54 FR 24078
Comment Period End              08/24/89                    54 FR 22546
Notice                          12/13/95                    60 FR 64001
Final Action                    06/00/00

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: This project was formerly known as 
Implementation of the Shore Protection Act of 1988.
ANALYSIS: Regulatory Evaluation, 05/24/89, 54 FR 22546

Agency Contact: LCDR John Farthing, Project Manager, G-MSO, Department 
of Transportation, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-6451

RIN: 2115-AD23
_______________________________________________________________________




2156. +DISCHARGE-REMOVAL EQUIPMENT FOR VESSELS CARRYING OIL (CGD 90-068) 
(USCG-1998-4858)

Priority:  Other Significant

Legal Authority:  33 USC 1321

CFR Citation:  33 CFR 155

Legal Deadline:
Final, Statutory, August 18, 1992.

Abstract: The Oil Pollution Act of 1990 directed the President by 
August 18, 1992, to: require periodic inspection of discharge-removal 
equipment to ensure that it is available in an emergency, and to 
require carriage of discharge-removal equipment by vessels operating in 
the navigable waters of the U.S. and carrying oil or hazardous 
substances. This action implemented those provisions. This project 
supported the Coast Guard's Marine Safety and Environmental Protection 
goal to reduce the consequence of pollution incidents and the Coast 
Guard's strategic goal of protection of natural resources. This project 
is considered

[[Page 21617]]

significant because of expected costs and substantial public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           08/30/91                    56 FR 43534
Comment Period End              10/16/91
NPRM                            09/29/92                    57 FR 44912
Extension of Comment Period     10/26/92                    57 FR 48489
Comment Period End              10/29/92
Comment Period End              11/16/92
Interim Rule                    12/22/93                    58 FR 67988
Interim Rule Effective          01/22/94
Correction                      01/26/94                     59 FR 3749
Comment Period End              02/22/94
Final Action                    06/00/01

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 12/22/93, 58 FR 67988

Agency Contact: David DuPont, Project Manager, G-MSR-1, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001
Phone: 202 267-0971

RIN: 2115-AD66
_______________________________________________________________________




2157. TANK LEVEL OR PRESSURE MONITORING DEVICES (CGD 90-071)

Priority:  Substantive, Nonsignificant

Legal Authority:  46 USC 3703

CFR Citation:  46 CFR 32

Legal Deadline:
Final, Statutory, December 1, 1991.

Abstract: The Coast Guard established minimum performance standards for 
tank level or pressure monitoring devices for single-hull tank vessels 
that carry oil in bulk as cargo. These standards are effective until 
April 28, 1999. These devices reduce the size and impact of an oil 
spill by alerting the tank vessel operator that a level or pressure 
change has occurred in a cargo tank. The Coast Guard will evaluate the 
performance and cost effectiveness of any device which meets the 
standards set in this rule, if that device is submitted to the Coast 
Guard during the effective period of this rule. This project supports 
the Coast Guard's Marine Safety and Environmental Protection program's 
goal to reduce the amount of oil discharged into the marine environment 
and the Coast Guard's strategic goal of protection of natural 
resources.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           05/07/91                    56 FR 21116
Comment Period End              10/04/91
Notice of Availability Technical 
Feasibility Study               02/05/93                     58 FR 2292
Notice of Public Meeting        11/15/94                    59 FR 58810
NPRM                            08/21/95                    60 FR 43427
Comment Period End              11/20/95
Temporary Rule                  03/28/97                    62 FR 14828
Temporary Rule Effective        04/28/97
Temporary Rule Expires          04/28/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Formerly titled Overfill and Tank Level or 
Pressure Monitoring Devices.

Agency Contact: LT Chris Carter, Project Manager, G-MSE-3, Department 
of Transportation, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-0027

RIN: 2115-AD69
_______________________________________________________________________




2158. CLAIMS PROCEDURES UNDER THE OIL POLLUTION ACT OF 1990 (CGD 91-035)

Priority:  Substantive, Nonsignificant

Legal Authority:  33 USC 2713; 33 USC 2714

CFR Citation:  33 CFR 136

Legal Deadline: None

Abstract: This rulemaking implements section 1013 (Claims Procedures) 
and section 1014 (Designation of Source and Advertisement) of the Oil 
Pollution Act of 1990. This rulemaking was designated significant 
because of anticipated public interest. The interim rule provides the 
requirements for the filing of claims for uncompensated removal costs 
or damages resulting from the discharge of oil, for the designation of 
the sources of the discharge, and for the advertisement of where claims 
are to be filed. The interim rule also included the processing of 
natural resource damage (NRD) claims. The NRD claims, however, were not 
processed until September 25, 1997, when the Department of Justice 
issued an opinion that the Oil Spill Liability Trust Fund (OSTLF) is 
available without further appropriation to pay trustee NRD claims under 
the general claims provisions of the Oil Pollution Act of 1990, 33 
U.S.C. 2712(a)(4). Release of the final rule will be delayed until 
additional experience is gained on the adjudication of these NRD 
claims. This rulemaking supports the Coast Guard's strategic goal of 
the protection of natural resources.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              08/12/92                    57 FR 36314
Correction                      09/09/92                    57 FR 41104
Comment Period End              12/10/92


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 08/12/92, 57 FR 36314

Agency Contact: Don Calkin, Project Manager, National Pollution Funds 
Center, Department of Transportation, U.S. Coast Guard, 4200 Wilson 
Blvd, Suite 1000, Arlington, VA 22203-1804
Phone: 703 235-4761

RIN: 2115-AD90
_______________________________________________________________________




2159. +ESCORT VESSELS FOR CERTAIN TANKERS (CGD 91-202)

Priority:  Other Significant

Legal Authority:  46 USC 3703

CFR Citation:  33 CFR 168

Legal Deadline: None

Abstract: This rulemaking developed standards which implement section 
4116(c) of the Oil Pollution Act of 1990. It addressed the areas of 
Prince William and Puget Sounds and requires a two-vessel escort for 
single-hull tankers greater than 5,000 gross tons. On November 1, 1994, 
the crash stop criteria were suspended because of industry concerns 
about meeting the criteria. On February 1, 1995, a notice of 
availability of a two part study assessing the capability of escort 
tugs to control disabled tankers in Prince William Sound was published. 
This

[[Page 21618]]

project supports the Coast Guard's Marine Safety and Environmental 
Protection program's goal to reduce the amount of oil discharged into 
the marine environment and the Coast Guard's strategic goal of 
protecting natural resources. This project is considered significant 
because of substantial public and State government interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/07/92                    57 FR 30058
Comment Period End              09/08/92
Reopening of Comment Period     03/26/93                    58 FR 16391
ANPRM                           04/27/93                    58 FR 25766
Notice of Public Hearings       04/29/93                    58 FR 25959
Notice of Public Hearings 
Correction                      05/19/93                    58 FR 29157
Comment Period End ANPRM        06/28/93
Comment Period End NPRM         07/24/93
Notice of Availability Part 1 of 
Study                           01/10/94                     59 FR 1411
Final Action                    08/19/94                    59 FR 42962
Final Action Partial Suspension 
Crash Stop Criteria             11/01/94                    59 FR 54519
Final Action Effective Partial 
Suspension                      11/17/94
Notice of Availability Part II 
of Study                        02/01/95                     60 FR 6345


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: The Coast Guard, in cooperation with the Prince 
William Sound Regional Citizens Advisory Council, PWS Tanker 
Association, and Alaska Pipeline, conducted a disabled-tanker towing 
study. The result of the study was incorporated into this rulemaking. 
Tug escort requirements in areas other than Prince William Sound and 
Puget Sound are addressed in the project listed under RIN 2115-AE56.
ANALYSIS: Regulatory Evaluation, 08/19/94, 59 FR 42962

Agency Contact: LT Michael Roldan, Project Manager, G-MSR-1, Department 
of Transportation, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-0756

RIN: 2115-AE10
_______________________________________________________________________




2160. AMENDMENTS TO HULL IDENTIFICATION NUMBER REGULATIONS (CGD 92-065)

Priority:  Substantive, Nonsignificant

Legal Authority:  46 USC 4302; 46 USC 12501

CFR Citation:  33 CFR 181

Legal Deadline: None

Abstract: This rulemaking would expand the existing 12 character Hull 
Identification Number (HIN) applicable to manufacturers of recreational 
boats by at least two characters to indicate the country of origin (to 
align to the HIN format with the newly adopted International 
Organization for Standards format). Several minor amendments to the HIN 
regulations are also proposed. This rulemaking supports the Coast 
Guard's strategic goal of marine safety.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/06/94                    59 FR 23651
Comment Period End              09/06/94
Notice of Workshop              11/09/94                    59 FR 55823
Reopening of Comment Period     11/09/94                    59 FR 55823
Comment Period End              01/09/95
SNPRM                           02/21/97                     62 FR 7971
Comment Period End              05/22/97
Request for Comments            11/16/98                    63 FR 63638
Comment Period End              02/16/99


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 02/21/97, 62 FR 7975

Agency Contact: Alston Colihan, Project Manager, G-OPB-3, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001
Phone: 202 267-0984

RIN: 2115-AE37
_______________________________________________________________________




2161. +ESCORT VESSELS IN CERTAIN U.S. WATERS (91-202A)

Priority:  Other Significant

Legal Authority:  46 USC 3703

CFR Citation:  33 CFR 168

Legal Deadline: None

Abstract: This regulation would designate those U.S. waters, other than 
Prince William Sound and Puget Sound, where tankers and other vessels 
must be escorted by a towing vessel or other appropriate vessel. This 
project supports the Coast Guard's Marine Safety and Environmental 
Protection program's goal to reduce the amount of oil discharged into 
the marine environment and the Coast Guard's strategic goal of 
protecting natural resources. This action is considered significant 
because of substantial public and State government interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           04/27/93                    58 FR 25766
Comment Period End              06/28/93
Notice of Meeting Request for 
Comments                        12/21/94                    59 FR 65741
Comment Period End              02/13/95


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: This rulemaking is a companion to 2115-AE10, 
which concerns Prince William Sound and Puget Sound.

Agency Contact: LT John White, Project Manager, G-MSR-2, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001
Phone: 202 267-6885

RIN: 2115-AE56
_______________________________________________________________________




2162. +IMPLEMENTATION OF THE 1995 AMENDMENTS TO THE INTERNATIONAL 
CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR 
SEAFARERS, 1978 (STCW) (CGD 95-062)

Priority:  Other Significant

Legal Authority:  31 USC 9701; 44 USC 3507; 46 USC 2103; 46 USC 7101; 
46 USC 7107

CFR Citation:  46 CFR 10; 46 CFR 12; 46 CFR 15

Legal Deadline:
Other, Statutory, February 1, 1997, International Convention deadline.

Abstract: The International Maritime Organization (IMO) comprehensively

[[Page 21619]]

amended the International Convention on Standards of Training, 
Certification and Watchkeeping for Seafarers, 1978 (STCW), in 1995. The 
amendments came into force on February 1, 1997. This project is 
intended to implement them by revising 46 CFR Parts 10, 12, and 15 to 
ensure that the United States complies with their requirements on: the 
training of merchant mariners, the documenting of their qualifications, 
and watch-standing and other arrangements aboard seagoing merchant 
ships of the United States. This rulemaking is considered significant 
due to potential impact on industry and potential effect on 
international interests. This project supports the Coast Guard's 
strategic goal of safety, and the Coast Guard's Marine Safety and 
Environmental Protection program's goal of reducing deaths and injuries 
of crewmembers on domestic merchant vessels and eliminating substandard 
vessels from the navigable waters of the United States.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Meeting               08/02/95                    60 FR 39306
Comment Period End              09/29/95
Notice of Inquiry               11/13/95                    60 FR 56970
Comment Period End              01/12/96
NPRM                            03/26/96                    61 FR 13284
Notice of Public Meetings       04/08/96                    61 FR 15438
Comment Period End              07/24/96
Notice of Intent                02/04/97                     62 FR 5197
Interim Final Rule              06/26/97                    62 FR 34505
Interim Final Rule Effective    07/28/97
Final Action                    02/00/02

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Christopher Young, Project Manager, G-MSO, Department 
of Transportation, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-0216

RIN: 2115-AF26
_______________________________________________________________________




2163. PROPELLER INJURY PREVENTION ABOARD RENTAL BOATS (CGD 95-041)

Priority:  Substantive, Nonsignificant

Legal Authority:  46 USC 4302

CFR Citation:  33 CFR 173; 33 CFR 174; 33 CFR 175; 33 CFR 177; 33 CFR 
179; 33 CFR 181; 33 CFR 183; 33 CFR 187

Legal Deadline: None

Abstract: The Coast Guard published a notice of inquiry on this subject 
on May 11, 1995. It received 1983 comments, most of which were very 
general. It is clear that two boating accidents involving fatalities 
caused by propeller strikes on rented houseboats on Lake Shasta, Lake 
Havasu and several instances of crippling injuries in the last several 
years have generated a great deal of concern. This rulemaking would 
examine the number and nature of injuries sustained from vessel 
propellers and help the Coast Guard to determine the need for Federal 
or State regulation of these vessels, the livery companies leasing 
these vessels, or the operators of these vessels. Any regulation issued 
would be implemented to reduce future injuries and fatalities involving 
rented boats. Future action is partially dependent upon results of a 
Technology Comparison and testing of propellers, propeller guards, etc. 
conducted under a Coast Guard grant. This rulemaking supports the Coast 
Guard's strategic goal of marine safety.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            05/11/95                    60 FR 25191
Comment Period End              07/10/95
Reopening of Comment Period     08/09/95                    60 FR 40545
Comment Period End              11/07/95
ANPRM                           03/26/96                    61 FR 13123
Comment Period End              09/01/96
Request for Comments            04/28/97                    62 FR 22991
Comment Period End              07/28/97


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Randolph Doubt, Project Manager, G-OPB-3, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001
Phone: 202 267-6810

RIN: 2115-AF28
_______________________________________________________________________




2164. +EMERGENCY RESPONSE PLANS FOR PASSENGER VESSELS (USCG-1998-3473)

Priority:  Other Significant

Legal Authority:  14 USC 633; 33 USC 1221; 33 USC 1223; 33 USC 1224; 33 
USC 1231; 33 USC 1232; 46 USC 3306

CFR Citation:  46 CFR 1; 46 CFR 7 to 10; 46 CFR 199

Legal Deadline: None

Abstract: This rulemaking would require vessel owners or operators 
operating small passenger vessels and passenger vessels in domestic 
service to develop, maintain, and exercise emergency response plans. 
The first step in this process is to publish an advance notice of 
proposed rulemaking to seek feedback from vessel owners and operators. 
Emergency response plans would establish a process that initiates and 
maintains actions to prevent injury and loss of life during collisions, 
allisions, groundings, fires, and other emergencies. The plans would 
address issues such as passenger egress, crew training, and available 
emergency resources both on a vessel and in a vessel's operating area. 
This rulemaking supports the Coast Guard's strategic goal of national 
security. This rulemaking is significant due to important Department of 
Transportation policy and public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           02/26/98                     63 FR 9916
ANPRM Comment Period End        06/28/98


Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: Undetermined

Agency Contact: LT John White, Project Manager, G-MSR-2, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001
Phone: 202 267-6885

RIN: 2115-AF61
_______________________________________________________________________




2165. +EMERGENCY CONTROL MEASURES FOR TANK BARGES (USCG-1998-4443)

Priority:  Other Significant

Legal Authority:  46 USC 3719

[[Page 21620]]

CFR Citation:  33 CFR 155; 46 CFR 32

Legal Deadline:
NPRM, Statutory, October 1, 1997.

Abstract: This rulemaking will require anchor systems and retrieval 
systems or measures for all single-hull tank barges operating on the 
waters listed in the rule (primarily offshore). The purpose of this 
rulemaking is to reduce oil spills from single-hull, non-self-propelled 
tank vessels. Drifting oil barges have run aground and spilled their 
cargoes, causing considerable damage to marine life and the 
environment. This rulemaking is classed as significant due to 
congressional and public interest. This rulemaking supports the Coast 
Guard's strategic goals of marine safety and protection of the marine 
environment.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM (RIN 2115-AF53)            10/06/97                    62 FR 52057
NPRM Comment Period End         01/05/98
Interim Final Rule              12/30/98                    63 FR 71754
Interim Final Rule Effective    03/30/99
Interim Final Rule Effective 33 
CFR 155.230(b)(1) and 33 CFR 
32.15-15(e)                     12/11/00                    63 FR 71754

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: This rulemaking was one component of the 
original proposed regulations for Towing Vessel Safety (CGD 97-064) 
(RIN 2115-AF53) concerning tank barges. To expedite the publication of 
regulations mandated by statute, two of the components for the original 
Towing Vessel Safety rulemaking separated into additional rulemakings. 
The other former component of the Towing Vessel Safety rulemaking is 
Fire Protection Measures for Towing Vessels (USCG-98-4443) (RIN 2115-
AF66). The original rulemaking is Towing Vessel Safety (Fire 
Suppression and Other Measures for Towing Vessels)(CGD 97-064).

Agency Contact: Robert Spears, Project Manager, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001
Phone: 202 267-1099

RIN: 2115-AF65
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                    Completed Actions


U.S. Coast Guard (USCG)



_______________________________________________________________________




2166. STREAMLINED INSPECTION PROGRAM (CGD 96-055)

Priority:  Substantive, Nonsignificant

Legal Authority:  46 USC 3306; 46 USC 3703

CFR Citation:  46 CFR 8

Legal Deadline: None

Abstract: This project established a Streamlined Inspection Program 
(SIP). The SIP allows owners or operators of inspected vessels to have 
their own personnel perform many of the tests and requirements 
currently done by Coast Guard marine inspectors. Owners and operators 
of inspected vessels work with the Coast Guard to develop written 
inspection procedures for each of their vessels enrolled in the 
program. The SIP is conducted with Coast Guard oversight, and while 
Coast Guard marine inspectors still conduct required inspections, their 
time on board the vessel is substantially reduced. The SIP raises the 
overall level of safety of a vessel by allowing vessels to meet 
inspection requirements through a combination of: increased 
participation of the vessel's crew in continuous vessel maintenance; 
trained and qualified company personnel conducting specific pre-
inspection tasks throughout the vessel inspection cycle; and scheduled 
inspections conducted on board by Coast Guard marine inspectors. This 
rulemaking supports the Coast Guard's Marine Safety and Environmental 
goals of increased level of vessel and operational safety and reduced 
costs of regulatory compliance; and the Coast Guard's strategic goal of 
marine safety.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/08/97                    62 FR 17008
Comment Period End              07/07/97
Final Action                    08/18/98                    63 FR 44346
Final Action Effective          09/17/98

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: LT Paul Arnett, Project Manager, G-MOC-2, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001
Phone: 202 267-0498

RIN: 2115-AF37
_______________________________________________________________________




2167. COAST GUARD VESSEL INSPECTION USER FEES (CGD 96-067)

Priority:  Substantive, Nonsignificant

Legal Authority:  46 USC 2110; 46 USC 3317; 14 USC 664; 31 USC 9701

CFR Citation:  46 CFR 2

Legal Deadline: None

Abstract: This project implements the Congressional mandate, contained 
in the Coast Guard Authorization Act of 1996 (Pub. L. 104-324) to cap 
fees that may be charged for the inspection or examination of small 
passenger vessels, and to exempt publicly owned ferries from vessel 
inspection user fees. The Act limits annual fees for small passenger 
vessels less than 65 feet in length to not more than $300, and for 
small passenger vessels 65 feet or over in length to not more than 
$600. Fees for vessels in these categories currently range from $450 to 
$2,585 depending on the length and capacity of the vessel. This rule 
reduces published fees to the levels established under the caps imposed 
by the Coast Guard Authorization Act of 1996. This rule also exempts 
publicly-owned ferries from vessel inspection user fees. Additional 
revisions to the exemption criteria will expand exemptions in certain 
instances where it is clearly within the public interest to do so, but 
which are not included under current regulation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/21/97                    62 FR 19229
Interim Final Rule Effective    04/21/97
Comment Period End              08/19/97
Final Action                    11/04/98                    63 FR 59472
Final Action Effective          12/04/98

[[Page 21621]]

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: State, Local

Agency Contact: CDR Mark McEwen, Project Manager, G-MRP-2, Department 
of Transportation, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-1409

RIN: 2115-AF40
_______________________________________________________________________




2168. CHILD DEVELOPMENT SERVICES (CGD 97-039)

Priority:  Substantive, Nonsignificant

Legal Authority:  14 USC 515

CFR Citation:  33 CFR 55

Legal Deadline: None

Abstract: This project will establish a fee subsidy that will result in 
lower fees for child care provided by Coast Guard Child Development 
Centers and Coast Guard certified Family Child Care Providers. This 
project is mandated by 14 U.S.C. 515, which requires development of 
regulations that establish fees for child care, which take into account 
total family income. The rulemaking will make child care more 
affordable for Coast Guard members and civilian employees.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/29/98                    63 FR 51878
NPRM Comment Period End         10/29/98
Final Action                    02/10/99                     64 FR 6527
Final Action Effective          03/12/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: It is necessary to establish the Child 
Development Services program immediately because funds are currently 
available, and eligible members and employees can take advantage of the 
program at the earliest possible date.

Agency Contact: Elaine Sweetland, Project Manager, G-WPW-2, Department 
of Transportation, U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001
Phone: 202 267-6727

RIN: 2115-AF48
_______________________________________________________________________




2169. AMENDMENT OF STATE WATERS FOR PRIVATE AIDS TO NAVIGATION IN 
WISCONSIN AND ALABAMA (USCG-1998-3604)

Priority:  Substantive, Nonsignificant

Legal Authority:  14 USC 83; 43 USC 1333

CFR Citation:  33 CFR 66

Legal Deadline: None

Abstract: The Coast Guard has reestablished Federal jurisdiction over 
certain waterways in the States of Alabama and Wisconsin for the 
purposes of private aids to navigation. This action has been taken to 
implement a request from the State of Alabama and an agreement between 
the State of Wisconsin and the Coast Guard, and to ensure safe 
navigation on the affected waterways. This rulemaking supports the 
Coast Guard's strategic goals of marine safety, and mobility of 
commercial and recreational vessel traffic.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/15/98                    63 FR 18349
NPRM Comment Period End         06/15/98
Final Action                    10/20/98                    63 FR 55946
Final Action Effective          11/19/98

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Dan Andrusiak, Project Manager, G-OPN-2, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001
Phone: 202 267-0327

RIN: 2115-AF50
_______________________________________________________________________




2170. ADVANCE NOTICE OF ARRIVALS, VESSELS BOUND FOR PORTS OR PLACES IN 
THE UNITED STATES (CGD 97-067)

Priority:  Substantive, Nonsignificant

Legal Authority:  33 USC 1223

CFR Citation:  33 CFR 160.207

Legal Deadline: None

Abstract: The Coast Guard amended its advance notice of arrival 
requirements to require vessels subject to the International Safety 
Management (ISM) Code to provide notice of their compliance with the 
ISM Code when they enter U.S. waters. This rule was promulgated because 
certain vessels are required to comply with the ISM Code by July 1, 
1998, and the Coast Guard is required by statute to deny vessels entry 
into U.S. ports if they do not comply with the ISM Code. This rule 
affects passenger vessels that transport more than 12 passengers 
internationally, and tank vessels, bulk freight vessels or high speed 
freight vessels of 500 gross tons or more on foreign voyages. This 
project supports the Coast Guard's Marine Safety and Environmental 
Protection program's goal to eliminate substandard vessels from United 
States waters, and the Coast Guard's strategic goal of marine safety.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              12/11/97                    62 FR 65203
Comment Period End              01/10/98
Interim Final Rule Effective    01/25/98
Final Action                    08/17/98                    63 FR 44113
Final Action Effective          09/16/98

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: The Coast Guard issued an interim rule in order 
to begin collecting ISM Code information from the affected vessels well 
in advance of the ISM Code implementation date of July 1, 1998, for 
international, safety, and port management concerns. The interim rule 
provided a 30-day comment period before the rule took effect, to 
balance the need for public participation with the Coast Guard's need 
to document compliance with the ISM Code.

Agency Contact: Robert Gauvin, Project Manager, G-MSO-2, Department of 
Transportation, U.S. Coast Guard, 2100 Second Street SW., Washington, 
DC 20593-0001
Phone: 202 267-1053

RIN: 2115-AF54


_______________________________________________________________________



[[Page 21622]]

2171. FEDERAL PILOTAGE FOR VESSELS IN FOREIGN TRADE (USCG-1998-3323)

Priority:  Substantive, Nonsignificant

Legal Authority:  46 USC 8503

CFR Citation:  46 CFR 15

Legal Deadline: None

Abstract: This rule adds a new section to subpart I of 46 CFR part 15. 
The new section requires foreign-trade vessels to be under the 
direction and control of federally-licensed pilots in designated waters 
of the Cape Fear River and North Cape Fear River, North Carolina, 
unless under the direction and control of state-licensed pilots. This 
ensures that vessels are navigated by competent qualified persons, 
knowledgeable in the local area and accountable to either the state or 
the Coast Guard. This project supports two goals: the strategic goal of 
the Coast Guard to promote safety, and the goal of its program in 
Marine Safety and Environmental Protection to reduce the numbers of 
collisions, allisions, and groundings on the waters of the United 
States.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/20/98                     63 FR 2939
Comment Period End              02/19/98
Final Action                    10/27/98                    63 FR 57252

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: The previous docket number for this rulemaking 
was CGD 97-073.

Agency Contact: Anthony Murray, Project Manager, National Maritime 
Center, Department of Transportation, U.S. Coast Guard, 4200 Wilson 
Blvd., Suite 510, Arlington, VA 22203-1801
Phone: 703 235-1729

RIN: 2115-AF57
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                  Proposed Rule Stage


Federal Aviation Administration (FAA)



_______________________________________________________________________




2172. +PART 145 REVIEW: REPAIR STATIONS

Priority:  Other Significant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 44701; 49 USC 
44702; 49 USC 44703; 49 USC 44705; 49 USC 44707; 49 USC 44709; 49 USC 
44710; 49 USC 44711; 49 USC 44713; 49 USC 44717; 49 USC 45102 to 45103; 
49 USC 45301 to 45302

CFR Citation:  14 CFR 43; 14 CFR 65; 14 CFR 145

Legal Deadline: None

Abstract: The FAA proposes to update and revise the regulations for 
repair stations. This action is necessary because many portions of the 
current repair station regulations do not reflect technical advances in 
aircraft maintenance practices or aircraft technology. The revisions 
would reorganize the repair station rules to reduce duplication of 
regulatory language and eliminate obsolete information. The proposal 
also would establish new requirements that relate to repair station 
ratings and classes, manual requirements, recordkeeping, and personnel. 
This rulemaking is considered significant because of substantial public 
interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Public Meetings       07/24/89                    54 FR 30866
Notice Correction               08/08/89                    54 FR 32563
NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: AFS-87-045R. This project was 
formerly entitled Review and Revision of Repair Station Requirements, 
and Repair Station and Repairmen Certification Rules.
ANALYSIS: Regulatory Evaluation, 04/00/99

Agency Contact: Richard Nowak, Aircraft Maintenance Division, Flight 
Standards Service, Department of Transportation, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591
Phone: 202 267-7228

RIN: 2120-AC38
_______________________________________________________________________




2173. +DRUG ENFORCEMENT ASSISTANCE

Priority:  Other Significant

Legal Authority:  49 USC 106(g); 49 USC 5121 to 5124; 49 USC 40113 to 
40114; 49 USC 44101 to 44108; 49 USC 44110 to 44111; 49 USC 44702 to 
44703; 49 USC 44704; 49 USC 44709 to 44710; 49 USC 44713; 49 USC 46101 
to 46110; 49 USC 46301 to 46316; 49 USC 46501 to 46502; 49 USC 46504 to 
46507; 49 USC 47106; 49 USC 47111

CFR Citation:  14 CFR 13; 14 CFR 47

Legal Deadline:
Final, Statutory, September 18, 1989, FAA Drug Enforcement Assistance 
Act of 1988.

Abstract: This action would revise certain requirements concerning 
registration of aircraft, certification of pilots, and penalties 
associated with registration and certification violations. This notice 
also announced new procedures for processing major repair and 
alteration forms which pertain to fuel system modifications. Actions 
announced in this notice respond to the FAA Drug Enforcement Assistance 
Act. The requirements and adopted procedures are intended to assist law 
enforcement agencies in their efforts to stop drug trafficking in 
general aviation aircraft. This rulemaking is significant because of 
substantial public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/12/90                     55 FR 9270
NPRM Comment Period End         05/11/90
Extended NPRM Comment Period End 
Comment Period End 7/11/90      05/16/90                    55 FR 20394
SNPRM                           04/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

[[Page 21623]]

Government Levels Affected: None

Additional Information: Project No. AFS-89-035R.
ANALYSIS: Regulatory Evaluation, 03/12/90, 55 FR 9270

Agency Contact: Sharon Ashford, Flight Standards Service, Department of 
Transportation, Federal Aviation Administration, Mike Monroney 
Aeronautical Center, 6500 MacArthur Boulevard, Oklahoma City, Oklahoma 
73125
Phone: 405 954-7038

RIN: 2120-AD16
_______________________________________________________________________




2174. +AGING AIRCRAFT SAFETY

Priority:  Other Significant

Legal Authority:  49 USC 106(g); 49 USC 40104 to 40105; 49 USC 40113; 
49 USC 40119; 49 USC 44101; 49 USC 44701 to 44702; 49 USC 44705; 49 USC 
44709 to 44711; 49 USC 44712; 49 USC 44713; 49 USC 44715 to 44717; 49 
USC 44722; 49 USC 44901 to 44904; 49 USC 44906

CFR Citation:  14 CFR 121; 14 CFR 125; 14 CFR 129; 14 CFR 135; 14 CFR 
183

Legal Deadline:
Other, Statutory, April 24, 1992, Aging Aircraft Safety Act of 1991; 
action must be initiated by 04/24/92.

Abstract: On October 5, 1993, the FAA published an NPRM that proposed 
to require air carriers of certain aircraft used in air transportation 
to demonstrate that the aircraft's maintenance has been adequate to 
ensure the highest degree of safety. After further review, and taking 
into consideration public comments to the NPRM, the FAA considers it 
appropriate to withdraw that NPRM. The FAA is developing a new NPRM 
that would ensure the continuing airworthiness of the most significant 
aging airplanes operating in air transportation by mandating aging 
aircraft records reviews and inspections for certain air carriers and 
certain aircraft and also by applying modern damage-tolerance analyses 
and inspection techniques to older airplane structures that were 
certificated before such techniques were available. This rulemaking is 
significant because of substantial public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/05/93                    58 FR 51944
NPRM Comment Period End         02/02/94
Extended NPRM Comment Period; 
Comment Period End 3/4/94       02/08/94                     59 FR 5741
NPRM                            04/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number AFS-92-029R.

Agency Contact: Frederick Sobeck, Aircraft Maintenance Division, Flight 
Standards Service, Department of Transportation, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591
Phone: 202 267-7355

RIN: 2120-AE42
_______________________________________________________________________




2175. +CORROSION CONTROL PROGRAM

Priority:  Other Significant

Legal Authority:  49 USC 106(g); 49 USC 40104 to 40105; 49 USC 40113; 
49 USC 40119; 49 USC 44101; 49 USC 44701 to 44702; 49 USC 44705; 49 USC 
44709 to 44711; 49 USC 44712; 49 USC 44713; 49 USC 44715; 49 USC 44716 
to 44717; 49 USC 44722; 49 USC 44901; 49 USC 44902

CFR Citation:  14 CFR 121; 14 CFR 125; 14 CFR 129; 14 CFR 135

Legal Deadline: None

Abstract: This project would ensure that airplanes used or not used in 
common carriage in air transportation have a comprehensive corrosion 
prevention program within their maintenance or inspection programs. In 
April 1988, a commercial transport airplane experienced an in-flight 
decompression and separation of approximately 18 feet of the fuselage 
skin and structure at the top of the airplane. The airplane had been in 
service for 19 years and had flown almost 90,000 flights. The National 
Transportation Safety Board concluded that the failure of the airline 
to detect skin disbonding resulted in corrosion and metal fatigue 
leading to separation of the airplane's skin structure. This rulemaking 
is considered significant because of substantial public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: AFS-93-382R
ANALYSIS: Regulatory Evaluation, 04/00/99

Agency Contact: Frederick Sobeck, Aircraft Maintenance Division, Flight 
Standards Service, Department of Transportation, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591
Phone: 202 267-7355

RIN: 2120-AE92
_______________________________________________________________________




2176. +FLIGHT OPERATIONAL QUALITY ASSURANCE PROGRAM

Priority:  Other Significant

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC 
44101; 49 USC 44701 to 44702; 49 USC 44705; 49 USC 44709 to 44711; 49 
USC 44712; 49 USC 44713; 49 USC 44715; 49 USC 44716 to 44717; 49 USC 
44722; 49 USC 44901; 49 USC 44903 to 44904; 49 USC 44912

CFR Citation:  14 CFR 121; 14 CFR 125; 14 CFR 135

Legal Deadline: None

Abstract: This action would codify the Federal Aviation 
Administration's policy not to use information from voluntary Flight 
Operational Quality Assurance programs in any enforcement actions taken 
against operators or pilots. The proposed amendment responds to 
industry groups that have been reluctant to participate. These programs 
benefit aviation safety by providing information that can lead to 
improvements in training and operations. In 1995 the FAA initiated a 
two-year concept demonstration study in partnership with industry. 
Based on the study, the FAA will issue an Advisory Circular. The FAA 
will use the information from the study to determine if it is 
appropriate to codify in the rules the immunity provisions. This 
rulemaking is significant because of substantial public interest.

[[Page 21624]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Policy Statement                12/07/98                    63 FR 67505
Policy Statement Effective Date 12/07/98
NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: AFS-93-154R
ANALYSIS: Regulatory Evaluation, 04/00/99

Agency Contact: Dan Meier, Flight Standards Service, Regulations 
Branch, Department of Transportation, Federal Aviation Administration, 
800 Independence Avenue SW., Washington, DC 20591
Phone: 202 267-3789

RIN: 2120-AF04
_______________________________________________________________________




2177. +AIR TOUR STANDARDS

Priority:  Other Significant

Legal Authority:  49 USC 106(g); 49 USC 40103; 49 USC 40113; 49 USC 
40120; 49 USC 44101; 49 USC 44111; 49 USC 44701; 49 USC 44702; 49 USC 
44705; 49 USC 44709; 49 USC 44711; 49 USC 44712; 49 USC 44713; 49 USC 
44715; 49 USC 44716

CFR Citation:  14 CFR 91; 14 CFR 135

Legal Deadline: None

Abstract: FAA will propose new regulations for air tour and sightseeing 
operations that are currently allowed to operate under less stringent 
regulations than those applied to other types of commercial operations. 
Over the past decade the number of these operations and the number of 
accidents and incidents associated with these operations have 
increased. Hot air balloons and gliders would not be included in this 
amendment. This rulemaking is considered significant because of 
substantial public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: AFS-91-012R. RIN 2120-AF61 
which was proposed as a new item for this agenda was a duplicate of 
this rulemaking and has been terminated. This rulemaking was previously 
titled ``Sightseeing Operations.''
ANALYSIS: Regulatory Evaluation, 04/00/99

Agency Contact: Dave Metzbower, Flight Standards Service, Department of 
Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591
Phone: 202 267-3724

RIN: 2120-AF07
_______________________________________________________________________




2178. +OVERFLIGHTS OF UNITS OF THE NATIONAL PARK SYSTEM

Priority:  Other Significant

Legal Authority:  49 USC 106(g); 49 USC 40103; 49 USC 40113; 49 USC 
40120; 49 USC 44101; 49 USC 44701; 49 USC 44702; 49 USC 44705; 49 USC 
44709; 49 USC 44711 to 44713; 49 USC 44715; 49 USC 44716; 49 USC 44717; 
49 USC 44722; 49 USC 46306

CFR Citation:  14 CFR 91; 14 CFR 93; 14 CFR 121; 15 CFR 135

Legal Deadline: None

Abstract: The FAA and National Park Service (NPS) have established a 
joint working group which is tasked with developing a notice of 
proposed rulemaking to reduce or prevent adverse effects of aircraft 
noise over our national park system. At the same time, the working 
group is charged with affording those persons who wish to visit our 
national parks from the air the opportunity to do so. The working group 
met from May to November 1997, and developed a concept paper that was 
approved by the Aviation Rulemaking Advisory Committee and the NPS 
Advisory Board in December 1997. The working group is now developing a 
notice of proposed rulemaking with the FAA and NPS. This rulemaking is 
significant because of substantial public interest.

Statement of Need: The need to reduce or prevent the adverse effects of 
aircraft noise over the national parks is apparent for the preservation 
of a valuable national resource. In its Report to Congress, the 
National Park Service identified 98 parks that potentially have an 
overflight problem. The FAA recognizes its role both to provide for the 
safe and efficient use of airspace and to enhance the environment by 
minimizing the adverse effects of aviation in the national parks.

Summary of the Legal Basis: The FAA has broad authority and 
responsibility to regulate the operation of aircraft and the use of the 
airspace and to establish safety standards for and regulate the 
certification of airmen, aircraft, and air carriers. (49 U.S.C. 40101, 
et. seq.) The FAA also has responsibility to protect persons and 
property on the ground. The President's Memorandum of April 22, 1996, 
directed the FAA, working with the National Park Service, to issue a 
notice of proposed rulemaking for the management of sightseeing 
aircraft in those National Parks where it is deemed necessary to reduce 
or prevent the adverse effects of noise from such aircraft.

Alternatives: During its working sessions, the working group considered 
a variety of criteria for defining an air tour, various triggering 
events for determining which parks are at risk, and various means for 
the NPS and FAA to work together to develop an air tour management 
plan.

Anticipated Costs and Benefits: Undetermined.

Risks: This rulemaking addresses the risk of destruction of valuable 
national resources: the right to enjoy the natural quiet in our 
national parks. At the same time, taking this risk has to be balanced 
against any potential safety problems that restrictions on overflights 
might create. Both the National Park Service and FAA are confident that 
a solution can be reached whereby all visitors to the park may be 
accommodated through an agreed upon park airspace management plan.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           03/17/94                    59 FR 12740
ANPRM Correction                04/01/94                    59 FR 15350
ANPRM Comment Period End        06/15/94
Extended ANPRM Comment Period; 
Comment Period End 07/15/94     06/20/94                    59 FR 31883
Notice: Formation of Working 
Group                           05/22/97                    62 FR 28100
Notice of Public Meeting        06/06/97                    62 FR 31187
Notice of Public Meeting        04/07/98                    63 FR 17040
NPRM                            04/00/99

Regulatory Flexibility Analysis Required: Undetermined

[[Page 21625]]

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Refer to 1996 Regulatory Plan entry RIN 2120-
AF93, Airspace Management: Special Flight Rules in the Vicinity of the 
Grand Canyon and also RIN 2120-AG11, Special Flight Rules in the 
Vicinity of the Rocky Mountain National Park. Project Number: ARM-97-
318A
ANALYSIS: Regulatory Evaluation, 04/00/99

Agency Contact: Linda L. Williams, Office of Rulemaking, ARM-100, 
Department of Transportation, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591
Phone: 202 267-9685

RIN: 2120-AF46
_______________________________________________________________________




2179. +FLIGHT CREWMEMBER DUTY PERIOD LIMITATIONS, FLIGHT TIME 
LIMITATIONS, AND REST REQUIREMENTS

Priority:  Other Significant

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC 
44101; 49 USC 44701 to 44701; 49 USC 44705; 49 USC 44709 to 44711; 49 
USC 44712; 49 USC 44713; 49 USC 44715; 49 USC 44716 to 44717; 49 USC 
44722; 49 USC 44901; 49 USC 44903 to 44904; 49 USC 44912

CFR Citation:  14 CFR 121; 14 CFR 135

Legal Deadline: None

Abstract: This rulemaking would amend the regulations to establish one 
set of duty period limitations, flight time limitations, and rest 
requirements for flight crewmembers engaged in air transportation. The 
FAA has determined that rulemaking is required as a result of public 
and congressional interest in regulating flight crewmember rest 
requirements, NTSB Safety Recommendations, petitions for rulemaking, 
and scientific data. The FAA has asked the Aviation Rulemaking Advisory 
Committee (ARAC) to accept the task of proposing recommendations for 
pilots on reserve status. At the same time, an internal FAA team will 
be developing a supplemental notice of proposed rulemaking. This action 
is considered significant because of substantial public interest.

Statement of Need: The aviation community requires 24-hour activities 
to meet operational demands. Growths in long-haul, regional, overnight 
cargo, and short-haul domestic operations are increasing. Therefore, 
shift work, night work, irregular work schedules, and time zone changes 
will continue to be commonplace.
With this growth, the scientific knowledge about sleep, sleep 
disorders, circadian physiology, fatigue, and performance decrements 
has also grown. Some of the scientific knowledge has indicated that 
aviators experience performance-impairing fatigue from sleep loss 
resulting from current flight and duty practices. A primary purpose is 
to base the rule on scientific knowledge.
In addition, industry and individuals have told the FAA that the 
current regulations are confusing and difficult to enforce. Therefore, 
a second purpose of the rulemaking is to establish consistent and clear 
duty period limitations and rest requirements for all types of 
operations.

Summary of the Legal Basis: Section 44701, Title 49 of the United 
States Code states that the Administrator shall promote safety of 
flight of civil aircraft in air commerce by prescribing minimum 
standards required in the interest of safety.

Alternatives: One obvious alternative would be to continue with the 
current rules, which would be very expensive for the industry. In 
reviewing the comments, the FAA is also considering other reserve 
alternatives that would not penalize certain segments of the industry, 
such as the air ambulance operators. There is no overall alternative to 
rest and duty regulations; however, there may be some alternatives that 
would lend flexibility for operators. To explore these alternatives, 
the FAA has established a Reserve Duty/Rest Requirements Working Group 
under the Aviation Rulemaking Advisory Committee.

Anticipated Costs and Benefits: Undetermined.

Risks: Although there has been only one identifiable accident due to 
pilot fatigue, fatigue is increasingly becoming the focus of possible 
causes following all accidents. Pilot reports of being fatigued to the 
point of incapacity are not uncommon, and intuitively, it is 
reasonable, given the sheer volume of air traffic, to expect fatigue to 
be a factor in future accidents if the regulations are not corrected.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/20/95                    60 FR 65951
NPRM Comment Period End         03/19/96
Extended NPRM Comment Period; 
Comment Period End 6/19/96      03/20/96                    61 FR 11492
SNPRM                           04/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: AFS-94-443R
ANALYSIS: Regulatory Evaluation, 12/20/95, 60 FR 65951

Agency Contact: Alberta Brown, Air Transportation Division, Department 
of Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591
Phone: 202 267-8221

RIN: 2120-AF63
_______________________________________________________________________




2180. +SUBMISSION TO DRUG TESTS

Priority:  Other Significant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 106(g); 49 USC 40103; 49 USC 40113; 49 USC 
40120; 49 USC 44101; 49 USC 44111; 49 USC 44701 to 44703; 49 USC 44707; 
49 USC 44709 to 44711; 49 USC 44712; 49 USC 44715; 49 USC 44716; 49 USC 
44717; 49 USC 44722; 49 USC 45102 to 45103

CFR Citation:  14 CFR 61; 14 CFR 63; 14 CFR 91

Legal Deadline: None

Abstract: This action would propose amendments to require aircraft 
crewmembers to submit to tests that show the presence of alcohol, 
drugs, or drug metabolites when requested by Federal, State, or local 
law enforcement officers investigating violations of Federal, State, or 
local law. The proposed amendments are intended to reduce aircraft 
accidents and incidents attributed to the use of drugs by

[[Page 21626]]

crewmembers. This rulemaking is considered significant because of 
substantial public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: Project Number: AFS-90-082
ANALYSIS: Regulatory Evaluation, 04/00/99

Agency Contact: Thomas K. Glista, Flight Standards Service, Department 
of Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591
Phone: 202 267-8150

RIN: 2120-AF64
_______________________________________________________________________




2181. +PASSENGER FACILITY CHARGES

Priority:  Other Significant

Legal Authority:  49 USC 106(g); 49 USC 40116 to 40117; 49 USC 47111; 
49 USC 47114 to 47116

CFR Citation:  14 CFR 158

Legal Deadline: None

Abstract: This action proposes to increase the amount of compensation 
that a carrier may earn for collecting and remitting a passenger 
facility charge from eight cents to ten cents. In addition, the NPRM 
proposes to clarify that monthly remittances must be received by 
airport public agencies collecting PFCs on the last day of each month. 
The NPRM also proposes to amend the regulation to reflect the statutory 
prohibition on collection of PFCs from passengers using frequent flyer 
bonus awards. This rulemaking is significant because of substantial 
public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           04/16/96                    61 FR 16678
ANPRM Comment Period End        05/16/96
Extended Comment Period End 8/
16/96                           05/21/96                    61 FR 25420
NPRM                            04/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Governmental Jurisdictions

Government Levels Affected: None

Additional Information: Project Number: APP-94-568P.

Agency Contact: Sheryl Scarborough, Airport Financial Assistance 
Division, Office of Airports Planning and Programming, Department of 
Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591
Phone: 202 267-8825

RIN: 2120-AF69
_______________________________________________________________________




2182. OPERATIONAL AND STRUCTURAL DIFFICULTY REPORTS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC 
44101; 49 USC 44701 to 44702; 49 USC 44705; 49 USC 44707; 49 USC 44709 
to 44711; 49 USC 44712; 49 USC 44713; 49 USC 44715; 49 USC 44716 to 
44717; 49 USC 44722; 49 USC 44901; 49 USC 44903 to 44904

CFR Citation:  14 CFR 121; 14 CFR 125; 14 CFR 135; 14 CFR 145

Legal Deadline: None

Abstract: This action would amend the reporting requirements for air 
carrier certificate holders and certificated domestic and foreign 
repair stations concerning failures, malfunctions, and defects of 
aircraft, aircraft engines, systems, and components. The proposed rule 
would clarify and standardize the reporting requirements for the type 
of information submitted to the FAA, allowing the FAA to identify 
trends that may affect aviation safety. This action was prompted by an 
internal FAA review of industry concern over the quality of the data 
being reported by air carriers. The objective of the proposed rule is 
to update and improve the reporting system to effectively collect and 
disseminate clear and concise information, particularly with regard to 
aging aircraft, to the aviation industry.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/14/95                    60 FR 41992
NPRM Comment Period End         11/13/95
SNPRM                           04/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: AFS-95-237A. This is a 
recommendation from the Aviation Rulemaking Advisory Committee.
ANALYSIS: Regulatory Evaluation, 08/14/95, 60 FR 41992

Agency Contact: Robert Corcoran, Flight Standards Service, Department 
of Transportation, Federal Aviation Administration, P.O. Box 25082, 
Oklahoma City, OK 73125
Phone: 405 954-6508

RIN: 2120-AF71
_______________________________________________________________________




2183. +DURATION BETWEEN EXAMINATIONS FOR FIRST- AND SECOND-AIRMAN 
MEDICAL CERTIFICATES

Priority:  Other Significant

Unfunded Mandates: Undetermined

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 44701 to 44703; 
49 USC 44707; 49 USC 44709 to 44711; 49 USC 45102 to 45103; 49 USC 
45301 to 45302

CFR Citation:  14 CFR 61

Legal Deadline: None

Abstract: This proposed action would reduce the required frequency of 
medical examinations for many holders of first- and second-class airman 
medical certifications, based on the age of the airman. This rulemaking 
is significant because of substantial public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: AAM-95-065R.
ANALYSIS: Regulatory Evaluation, 04/00/99

Agency Contact: Dennis McEachen, Office of Aviation Medicine, 
Department of Transportation, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591
Phone: 202 493-4075

RIN: 2120-AG06


_______________________________________________________________________



[[Page 21627]]

2184. FEES FOR AEROMEDICAL EDUCATION TRAINING SERVICES

Priority:  Substantive, Nonsignificant

Legal Authority:  31 USC 9701; 49 USC 106(g); 49 USC 40104; 49 USC 
40105; 49 USC 40109; 49 USC 40113 to 40114; 49 USC 44702; 49 USC 45301 
to 45303

CFR Citation:  14 CFR 187

Legal Deadline: None

Abstract: This action would establish (1) a schedule of fees for all 
aeromedical education training services, (2) the methodology for 
computing user fees, and (3) a timetable for periodic updates of 
established fees. The proposal is necessary to permit the FAA to 
recover the costs incurred in sponsoring aeromedical education training 
services.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: AAM-95-065R.
ANALYSIS: Regulatory Evaluation, 04/00/99

Agency Contact: B. J. Hudson, Aeromedical Standards Branch, Department 
of Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591
Phone: 202 493-4077

RIN: 2120-AG07
_______________________________________________________________________




2185. +FALSE AND MISLEADING STATEMENTS REGARDING AIRCRAFT PARTS

Priority:  Other Significant

Legal Authority:  49 USC 44913

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: This action proposes additional rules that would prohibit 
certain false or misleading statements regarding civil aircraft, 
airframes, aircraft engines, propellers, appliances, component parts, 
and materials, including standard parts, that are used, or may be used, 
on civil aircraft. The proposals would also permit increased inspection 
by the FAA of records regarding the quality of aircraft parts. The 
additional rules are needed to help prevent persons from representing 
parts as suitable for use on civil aircraft when in fact they may not 
be. The proposals are intended to provide assurance that aircraft 
owners and operators, and persons who maintain aircraft, have truthful 
information on which to determine whether a part may be used in a given 
civil aircraft application. This action is significant because of 
substantial public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: AGC-94-549R.
ANALYSIS: Regulatory Evaluation, 04/00/99

Agency Contact: Mardi Ruth Thompson, Regulations Division, Office of 
the Chief Counsel, Department of Transportation, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591
Phone: 202 267-3073

RIN: 2120-AG08
_______________________________________________________________________




2186. +LICENSE REQUIREMENTS FOR OPERATION OF A LAUNCH SITE

Priority:  Other Significant

Legal Authority:  49 USC 70101 to 70119

CFR Citation:  14 CFR 415; 14 CFR 417

Legal Deadline: None

Abstract: This action would establish requirements for licensing the 
operation of a launch site. The law requires anyone who proposes to 
operate a launch site within the U.S., or a U.S. citizen proposing to 
operate a launch site outside the U.S., to obtain a license from DOT. 
This action would govern obtaining a license to operate such a launch 
site. Currently, commercial rocket launches take place from Federal 
government installations operated by the Department of Defense and 
NASA. Licensing requirements for those launches are being developed in 
a related rulemaking (RIN 2120-AF99). In this action, DOT proposes to 
implement rules regarding obtaining a license to operate a launch site. 
This rulemaking is significant because of substantial public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: None

Additional Information: Project Number: AST-96-341R.
ANALYSIS: Regulatory Evaluation, 04/00/99

Agency Contact: Randy Repcheck, Licensing and Safety Division, AST-200, 
Office of Commercial Space, Department of Transportation, Federal 
Aviation Administration, 800 Independence Avenue SW., Washington, DC 
20591
Phone: 202 267-8379

RIN: 2120-AG15
_______________________________________________________________________




2187. +PROTECTION OF VOLUNTARILY SUBMITTED INFORMATION

Priority:  Other Significant

Legal Authority:  Not yet determined

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: The Administrator has been tasked, under the Federal Aviation 
Reauthorization Act of 1996, to develop regulations to protect safety 
and security related information voluntarily disclosed by industry. The 
FAA is in the process of determining what voluntarily submitted 
information should be given protection under the statute. This 
rulemaking is significant because of substantial industry interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Additional Information: Project Number: ARM-97-040.
ANALYSIS: Regulatory Evaluation, 04/00/99

Agency Contact: Mardi Thompson, Regulations Division, Office of the

[[Page 21628]]

Chief Counsel, Department of Transportation, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591
Phone: 202 267-3073

RIN: 2120-AG36
_______________________________________________________________________




2188. +LICENSING AND SAFETY REQUIREMENTS FOR LAUNCH FROM A NON-FEDERAL 
LAUNCH SITE

Priority:  Other Significant

Legal Authority:  49 USC 70101 to 70119

CFR Citation:  14 CFR 415; 14 CFR 417

Legal Deadline: None

Abstract: This action would establish requirements for licensing the 
conduct of a launch from a non-Federal launch site. The law requires 
anyone who proposes to conduct a launch within the United States, or a 
U.S. citizen proposing to conduct a launch site outside the United 
States, to obtain a license from DOT. This action would govern 
obtaining a license to conduct such a launch. Currently, commercial 
rocket launches take place from Federal Government installations 
operated by the Department of Defense and NASA. Licensing requirements 
for those launches are being developed in a related licensing 
rulemaking (RIN 2120-AF99). In this action, DOT proposes to implement 
rules regarding obtaining a license to conduct a launch from a 
commercial launch site, where DOT, rather than NASA or the military has 
primary responsibility. This rulemaking is significant because of 
substantial public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Additional Information: Project Number: AST-97-088R.
ANALYSIS: Regulatory Evaluation, 04/00/99

Agency Contact: Michael Dook, Licensing and Safety Division, Office of 
Commercial Space, Department of Transportation, Federal Aviation 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-9305

RIN: 2120-AG37
_______________________________________________________________________




2189. CIVIL PENALTIES: STREAMLINED ENFORCEMENT TEST AND EVALUATION 
PROGRAM; SECURITY; DRUG AND ALCOHOL ABATEMENT

Priority:  Substantive, Nonsignificant

Unfunded Mandates: Undetermined

Legal Authority:  18 USC 6002; 49 USC 106(g); 49 USC 5121 to 5124; 49 
USC 40113 to 40114; 49 USC 44103 to 44106; 49 USC 44702 to 44703; 49 
USC 44709 to 44710; 49 USC 44713; 49 USC 46101 to 46110; 49 USC 46301 
to 46316; 49 USC 46501 to 46502; 49 USC 46504 to 46507; 49 USC 47106; 
49 USC 47111; 49 USC 47122; ...

CFR Citation:  14 CFR 13

Legal Deadline: None

Abstract: This action proposes to establish a two-year test and 
evaluation program designed to streamline the procedures used to 
process certain civil penalty enforcement actions. This program was 
recommended as a result of the Deputy Administrator's 90-day system 
safety review.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Brian Reed, Office of the Chief Counsel, Department of 
Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591
Phone: 202 267-7158

RIN: 2120-AG49
_______________________________________________________________________




2190. +SCREENING OF CHECKED BAGGAGE ON FLIGHTS WITHIN THE UNITED STATES

Priority:  Economically Significant

Legal Authority:  49 USC 106(g); 49 USC 5103; 49 USC 40113; 49 USC 
40119; 49 USC 44701 to 44702; 49 USC 44705; 49 USC 44901 to 44905; 49 
USC 44907; 49 USC 44913 to 44914; 49 USC 44932; 49 USC 44935 to 44936; 
49 USC 46105

CFR Citation:  14 CFR 108

Legal Deadline: None

Abstract: The FAA is proposing the screening or bag matching of 
passenger checked baggage on domestic flights by utilizing an FAA-
approved Computer Assisted Passenger Screening (CAPS) system. This is 
in response to a recommendation from the White House Commission on 
Aviation Safety and Security (The Commission) ``Final Report to 
President Clinton.'' The Commission recommended that one of the steps 
that should be taken to improve airline passenger security is the 
implementation by the FAA of a computerized system for profiling 
airline passengers flying out of airports located in the United States. 
This rulemaking is considered significant because of substantial public 
interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 04/00/99

Agency Contact: Lon M. Siro, Civil Aviation Security Office of Policy 
and Planning, Department of Transportation, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591
Phone: 202 267-3414

RIN: 2120-AG51
_______________________________________________________________________




2191. PARACHUTE OPERATIONS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40113 to 40114; 49 USC 44701 to 
44702; 49 USC 44721

CFR Citation:  14 CFR 105

Legal Deadline: None

Abstract: This rulemaking proposes to clarify and update the Federal 
Aviation Regulations by defining terms applicable to parachute 
operations and issues concerning coordinating parachute operations with 
air traffic control, tandem parachute operations, and packing and 
equipment requirements for foreign parachutists when parachuting in the 
United States. Also, this proposed action is necessary to reflect 
recent airspace reclassification and parachuting equipment 
applications.

[[Page 21629]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Additional Information: Project Number: ATA-91-202R.
ANALYSIS: Regulatory Evaluation, 04/00/99

Agency Contact: Ellen Crum, Air Traffic Airspace Management Program, 
Department of Transportation, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591
Phone: 202 493-4563

RIN: 2120-AG52
_______________________________________________________________________




2192. FLIGHT PLAN REQUIREMENTS FOR HELICOPTER OPERATIONS UNDER 
INSTRUMENT FLIGHT RULES

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40103; 49 USC 40113; 49 USC 
40120; 49 USC 44101; 49 USC 44111; 49 USC 44701; 49 USC 44709; 49 USC 
44711; 49 USC 44712; 49 USC 44715 to 44717; 49 USC 44722; 49 USC 46306; 
49 USC 46315; 49 USC 46316; ...

CFR Citation:  14 CFR 91

Legal Deadline: None

Abstract: This rulemaking is needed because current rules discourage 
helicopter operations under Instrument Flight Rules (IFR) in marginal 
weather conditions. This rulemaking would increase safety by allowing 
helicopter operators access into the IFR system commensurate with the 
unique flight characteristics of helicopters. This rulemaking project 
is a recommendation of the Aviation Rulemaking Advisory Committee, 
forwarded to the FAA on November 18, 1997.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/02/98                    63 FR 46834
NPRM Comment Period End         10/02/98
SNPRM                           04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 09/02/98, 63 FR 46834

Agency Contact: William H. Wallace, Flight Standards Service, 
Department of Transportation, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591
Phone: 202 267-3771

RIN: 2120-AG53
_______________________________________________________________________




2193. REVISION OF AIR CARRIER CREWMEMBER AND TRAINING REGULATIONS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC 
44101; 49 USC 44701; 49 USC 44702; 49 USC 44705; 49 USC 44709 to 44711; 
49 USC 44713; 49 USC 44716 to 44717; 49 USC 44722; 49 USC 44901; 49 USC 
44903 to 44904; 49 USC 44912; 49 USC 46105

CFR Citation:  14 CFR 60; 14 CFR 121

Legal Deadline: None

Abstract: This action proposes to revise title 14 of the Code of 
Federal Regulations part 121 subparts N, O, P, and create part 60. The 
proposed revision and creation will address Advanced Qualification 
Programs and additional training programs. The rulemaking is needed to 
enhance crew resource management training, to permit rapid changes to 
training and checking requirements for emerging technologies, to 
improve safety, and to respond to numerous recommendations from various 
sources.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: AFS-97-335R.
ANALYSIS: Regulatory Evaluation, 12/00/99

Agency Contact: Jan Demuth, Flight Standards Service, Department of 
Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591
Phone: 202 267-8922

RIN: 2120-AG57
_______________________________________________________________________




2194. +TRANSPORT AIRPLANE FLEET FUEL TANK IGNITION SOURCE REVIEW; 
FLAMMABILITY REDUCTION, AND MAINTENANCE AND INSPECTION REQUIREMENTS

Priority:  Other Significant

Legal Authority:  42 USC 7572; 49 USC 106(g); 49 USC 40105; 49 USC 
40113; 49 USC 44701 to 44702; 49 USC 44707; 49 USC 44709; 49 USC 44711; 
49 USC 44713; 49 USC 44715; 49 USC 45303

CFR Citation:  14 CFR 21

Legal Deadline: None

Abstract: This action will develop a Special Federal Aviation 
Regulation (SFAR) to require type certificate holders of certain 
turbojet and turbofan-powered transport category airplanes to conduct a 
design review of fuel tank systems and develop fuel system inspection 
and maintenance instructions. It will also allow a certificate holder 
to submit documentation that the type design of the fuel system of a 
previously certificated airplane precludes existence of ignition 
sources within the airplane's fuel tanks. This action is significant 
because of substantial public interest in the prevention of fire and 
explosion in airplane fuel tanks.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: ANM-98-158R.
ANALYSIS: Regulatory Evaluation, 04/00/99

Agency Contact: Mike Dostert, Transport Airplane Directorate, Aircraft 
Certification Service, Department of Transportation, Federal Aviation 
Administration, 1601 Lind Avenue SW., Renton, WA 98055-4056
Phone: 425 227-2132

RIN: 2120-AG62


_______________________________________________________________________



[[Page 21630]]

2195. USE OF ELECTRONIC SIGNATURES

Priority:  Substantive, Nonsignificant

Legal Authority:  42 USC 7572; 49 USC 106(g); 49 USC 40101 to 40103; 49 
USC 40105; 49 USC 40113; 49 USC 40120; 49 USC 44101; 49 USC 44105 to 
44106; 49 USC 44111; 49 USC 44701 to 44717; 49 USC 44722; 49 USC 44901; 
49 USC 44903; 49 USC 44904; 49 USC 44906; ...

CFR Citation:  14 CFR 21; 14 CFR 43; 14 CFR 91; 14 CFR 119

Legal Deadline: None

Abstract: This action proposes to amend the regulations to permit the 
use of electronic signatures to satisfy maintenance, operational, and 
type certification record preparation and retention requirements. 
Although this action will encourage the use of electronic recordkeeping 
systems, it will not discourage the use of paper documents and records 
to satisfy regulatory requirements. The proposed rule will provide cost 
savings and regulatory relief to owners, manufacturers, operators and 
repair stations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: Project Number: AFS-98-226A.
ANALYSIS: Regulatory Evaluation, 04/00/99

Agency Contact: Wayne Nutsch, Flight Standards Service, Department of 
Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591
Phone: 202 493-4291

RIN: 2120-AG63
_______________________________________________________________________




2196.  COMMERCIAL SPACE TRANSPORTATION REUSABLE LAUNCH VEHICLE 
AND REENTRY LICENSING REGULATIONS

Priority:  Substantive, Nonsignificant

Legal Authority:  42 USC 2601

CFR Citation:  14 CFR 401; 14 CFR 404; 14 CFR 406; 14 CFR 413; 14 CFR 
417; 14 CFR 431; 14 CFR 433

Legal Deadline: None

Abstract: This action will amend the commercial space transportation 
licensing regulations by establishing operational requirements for 
launches of reusable launch vehicles and the authorized conduct of 
commercial space reentry activities. The proposed rule would respond to 
advancements in the development of commercial reentry capability and 
enactment of legislation extending the FAA's licensing authority to 
reentry activities.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: Project Number: AST-98-174R.

Agency Contact: Stewart W. Jackson, Office of the Associate 
Administrator for Commercial Space Transportation, Department of 
Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591
Phone: 202 267-7903

RIN: 2120-AG71
_______________________________________________________________________




2197.  REVISED LANDING GEAR SHOCK ABSORPTION TEST REQUIREMENTS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40103; 49 USC 40113; 49 USC 
44502; 49 USC 44701; 49 USC 44718; 49 USC 46101 to 46102; 49 USC 46104

CFR Citation:  14 CFR 25

Legal Deadline: None

Abstract: This action would amend the landing gear shock absorption 
test requirements for transport category airplanes to be consistent 
with other requirements, to reflect modern technology and to achieve 
common requirements and language between the Federal aviation 
requirements and the European joint aviation requirements without 
reducing the level of safety provided by the regulations and industry 
practices.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: Project Number: ANM-98-182A.
ANALYSIS: Regulatory Evaluation, 04/00/99

Agency Contact: James Haynes, Aircraft Certification Service, 
Department of Transportation, Federal Aviation Administration, 1601 
Rind Avenue SW., Renton, WA 98055
Phone: 425 227-2131

RIN: 2120-AG72
_______________________________________________________________________




2198.  +GRAND CANYON NATIONAL PARK; LIMITS ON AIR TOUR 
OPERATIONS

Priority:  Other Significant

Legal Authority:  49 USC 106(g); 49 USC 40103; 49 USC 40106; 49 USC 
40109; 49 USC 40113; 49 USC 44502; 49 USC 44514; 49 USC 44701; 49 USC 
44719; 49 USC 46301

CFR Citation:  14 CFR 93

Legal Deadline: None

Abstract: The FAA, in cooperation with the National Park Service, will 
propose to limit the number of air tour operations that can be 
conducted in Grand Canyon National Park. This rulemaking is consistent 
with the National mandate of Pub. L. 100-91 to substantially restore 
the natural quiet in the Park. This rulemaking is significant because 
of substantial public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: AFS-98-376R.
ANALYSIS: Regulatory Evaluation, 06/00/99

Agency Contact: Alberta Brown, Flight Standards Service, Department of 
Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591
Phone: 202 267-8321

RIN: 2120-AG73


_______________________________________________________________________



[[Page 21631]]

2199.  +MODIFICATION OF THE AIRSPACE FOR GRAND CANYON NATIONAL 
PARK

Priority:  Other Significant

Legal Authority:  49 USC 106(g); 49 USC 40103; 49 USC 40106; 49 USC 
40109; 49 USC 40113; 49 USC 44502; 49 USC 44514; 49 USC 44701; 49 USC 
44719; 49 USC 46301

CFR Citation:  14 CFR 93

Legal Deadline: None

Abstract: The FAA is proposing to modify the airspace of the Special 
Flight Rules Area (SFRA), Grand Canyon National Park, to add a corridor 
for quiet technology aircraft and to extend the eastern boundary of the 
SFRA to accommodate Native American concerns. This rulemaking is 
considered significant because of substantial public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: ATA-98-482R.
ANALYSIS: Regulatory Evaluation, 06/00/99

Agency Contact: Joseph White, Airspace and Air Traffic Management 
Program, Department of Transportation, Federal Aviation Administration, 
800 Independence Avenue SW., Washington, DC 20591
Phone: 202 267-8783

RIN: 2120-AG74
_______________________________________________________________________




2200.  TRAINING IN THE RECOGNITION OF HAZARDOUS MATERIAL

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC 
44101; 49 USC 44701 to 44702; 49 USC 44705; 49 USC 44709 to 4711; 49 
USC 44713; 49 USC 44715 to 44717; 49 USC 44722; 49 USC 44901; 49 USC 
44903; 49 USC 44912; 49 USC 46105

CFR Citation:  14 CFR 121; 14 CFR 135

Legal Deadline: None

Abstract: The FAA will clarify the requirement for ``will not carry'' 
certificate holders in parts 121 and 135 to provide hazardous material 
recognition training so that such materials are not inadvertently 
placed onboard aircraft.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: No

Government Levels Affected: None

Additional Information: Project Number: AFS-98-375R.
ANALYSIS: Regulatory Evaluation, 04/00/99

Agency Contact: Donell Pollard, Flight Standards Service, Department of 
Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591
Phone: 202 267-8321

RIN: 2120-AG75
_______________________________________________________________________




2201.  +FINANCIAL RESPONSIBILITY REQUIREMENTS FOR LICENSED 
REENTRY ACTIVITIES

Priority:  Other Significant

Legal Authority:  42 USC 2601

CFR Citation:  14 CFR 450

Legal Deadline: None

Abstract: This proposal will establish financial responsibility 
requirements covering risks associated with the licensed reentry of a 
reentry vehicle. This action will provide general rules for 
demonstrating compliance with insurance requirements and implementing 
statutory-based Government/industry risk sharing provisions in manner 
comparable to that currently utilized for commercial launches.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: Project Number: AST-99-055R.

Agency Contact: Esta Rosenberg, Office of the Chief Counsel, Department 
of Transportation, Federal Aviation Administration, 400 Seventh Street 
SW., Washington, DC 20590
Phone: 202 366-9306

RIN: 2120-AG76
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                     Final Rule Stage


Federal Aviation Administration (FAA)



_______________________________________________________________________




2202. OBJECTS AFFECTING NAVIGABLE AIRSPACE

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40103; 49 USC 40113 to 40114; 
49 USC 44502; 49 USC 44701; 49 USC 44718; 49 USC 46101 to 46102; 49 USC 
46104

CFR Citation:  14 CFR 77

Legal Deadline: None

Abstract: This action would amend the standards, aeronautical studies, 
scope, and notice provisions concerning objects affecting navigable 
airspace. The notice consisted primarily of changes required by recent 
legislation or recommended by a government/industry task group of the 
National Airspace Review Advisory Committee. This action would also 
cover electromagnetic interference phenomenon that could create a 
hazard to air navigation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Review                06/19/78                    43 FR 26322
Review Conference               12/08/80
National Airspace Review Begins 07/09/84
NPRM                            08/03/90                    55 FR 31722
NPRM Correction                 08/13/90                    55 FR 32999
NPRM Correction                 08/16/90                    55 FR 33577
NPRM Correction                 08/28/90                    55 FR 35152
NPRM Correction                 09/10/90                    55 FR 37287
NPRM Comment Period End         12/31/90

[[Page 21632]]

SNPRM                           10/16/95                    60 FR 53680
SNPRM Comment Period End        11/30/95
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: ATO-85-015R.
ANALYSIS: Regulatory Evaluation, 08/03/90, 55 FR 31722

Agency Contact: Ellen Crum, Air Traffic Rules Procedures Branch, 
Department of Transportation, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591
Phone: 202 267-8783

RIN: 2120-AA09
_______________________________________________________________________




2203. MISCELLANEOUS AMENDMENTS

Priority:  Substantive, Nonsignificant

Legal Authority:  42 USC 7572; 49 USC 106(g); 49 USC 5103; 49 USC 
40105; 49 USC 40113; 49 USC 40119; 49 USC 44101; 49 USC 44701 to 44703; 
49 USC 44705; 49 USC 44706; 49 USC 44707; 49 USC 44709; 49 USC 44710; 
49 USC 44711; 49 USC 44712

CFR Citation:  14 CFR 21; 14 CFR 65; 14 CFR 107; 14 CFR 121; 14 CFR 
135; 14 CFR 145

Legal Deadline: None

Abstract: The FAA is withdrawing a previously published Notice of 
Proposed Rulemaking (NPRM) that proposed to amend various sections of 
the regulations. The proposal was to clarify language, correct improper 
or obsolete references, and to relax certain existing requirements. 
Since publication of the NPRM, many other completed, in-process, or 
planned actions have addressed or will address many of the issues 
involved. The FAA has determined that all unresolved issues should be 
included in more recent actions dealing with the specific sections of 
the regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/03/83                    48 FR 45214
NPRM Comment Period End         12/02/83
To Be Withdrawn                 04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: Docket No. 23781. Project Number: ARM-81-128R.
ANALYSIS: Regulatory Evaluation, 10/03/83, 48 FR 45214

Agency Contact: Jean Casciano, Office of Rulemaking, Department of 
Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591
Phone: 202 267-9683

RIN: 2120-AA50
_______________________________________________________________________




2204. IFR ALTITUDES; MISCELLANEOUS AMENDMENTS

Priority:  Routine and Frequent

Legal Authority:  49 USC 106(g); 49 USC 40103; 49 USC 40106; 49 USC 
40113; 49 USC 40114; 49 USC 40120; 49 USC 44502; 49 USC 44514; 49 USC 
44719; 49 USC 44721

CFR Citation:  14 CFR 95

Legal Deadline: None

Abstract: This is a nonsignificant body of regulations which prescribes 
altitudes for the operation of aircraft under instrument flight rules 
(IFR) on Federal airways, jet routes, area navigation low or high 
routes, or other direct routes for which a minimum en route IFR 
altitude is designated in 14 CFR part 95. In addition, mountainous 
areas and changeover points are designated. These regulations are an 
established body of technical requirements that are issued routinely 
and frequently to maintain operational efficiency. Total actions 
expected--400. 10/00/98 - 10/00/99.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Actions Will Continue Through   10/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Louis C. Cusimano, General Aviation and Commercial 
Division, Department of Transportation, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591
Phone: 202 267-8212

RIN: 2120-AA63
_______________________________________________________________________




2205. AIRWORTHINESS DIRECTIVES

Priority:  Routine and Frequent

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 44701

CFR Citation:  14 CFR 39

Legal Deadline: None

Abstract: The FAA issues type certificates for ``products,'' which are 
aircraft, engines, propellers, and some appliances. The FAA issues a 
regulation called an ``Airworthiness Directive'' (AD) to address an 
unsafe condition in a type certificated product, if that unsafe 
condition is likely to exist or develop in products of the same type 
design. Part 39 of title 14 requires each operator of a product 
affected by an AD to comply with the terms of the AD, in order to 
operate that product; the AD may mandate operational limitations, 
maintenance, or alterations for the affected product. The vast majority 
of routine and frequent Airworthiness Directives are nonsignificant. 
Total actions expected-700. 10/00/98 to 10/00/99.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Actions Will Continue Through   10/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: None

Agency Contact: Jack McGrath, Aircraft Certification Service, 
Department of Transportation, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591
Phone: 202 267-9580

RIN: 2120-AA64
_______________________________________________________________________




2206. STANDARD INSTRUMENT APPROACH PROCEDURES; MISCELLANEOUS AMENDMENTS

Priority:  Routine and Frequent

Legal Authority:  49 USC 106(g); 49 USC 40103; 49 USC 40106; 49 USC 
40113 to 40114; 49 USC 40120; 49 USC 44502; 49 USC 44514; 49 USC 44701; 
49 USC 44719; 49 USC 44721 to 44722

[[Page 21633]]

CFR Citation:  14 CFR 97

Legal Deadline: None

Abstract: Standard Instrument Approach Procedures (SIAP) provide for 
instrument letdown to airports in the United States. They are a 
nonsignificant body of regulations that are complex and technical in 
nature and require routine and frequent rulemaking to maintain 
efficiency. The FAA issues, revises, and cancels SIAPs by adopting 
amendments that are incorporated into 14 CFR part 97. Contemporaneously 
with publication in the Federal Register, the SIAPs are made available 
to the Aeronautical Charting and Cartography Office in the Department 
of Commerce, and other publishers of aeronautical charts where they are 
published as approach procedure charts or ``approach plates''. These 
charts are made available to the members of the aviation community for 
use by pilots in making instrument approaches. Total actions expected--
2,200. 10/00/98 - 10/00/99.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Actions Will Continue Through   10/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Louis C. Cusimano, General Aviation and Commercial 
Division, Department of Transportation, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591
Phone: 202 267-8212

RIN: 2120-AA65
_______________________________________________________________________




2207. AIRSPACE ACTIONS

Priority:  Routine and Frequent

Legal Authority:  49 USC 106(g); 49 USC 40103; 49 USC 40113; 49 USC 
40120; EO 10854

CFR Citation:  14 CFR 71; 14 CFR 73; 14 CFR 75

Legal Deadline: None

Abstract: This is a nonsignificant body of regulations which designates 
airspace areas, airways, routes, and reporting points to facilitate 
safe navigation. These regulations are technical in nature and are 
issued routinely and frequently to maintain operational efficiency. 
Total actions expected--330. 10/00/98 through 10/00/99.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Actions Will Continue Through   10/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Pat Crawford, Manager, Airspace Branch, Department of 
Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591
Phone: 202 267-9255

RIN: 2120-AA66
_______________________________________________________________________




2208. +IMPROVED SURVIVAL EQUIPMENT FOR INADVERTENT WATER LANDINGS

Priority:  Other Significant

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC 
44101; 49 USC 44701 to 44702; 49 USC 44705; 49 USC 44709 to 44711; 49 
USC 44712; 49 USC 44713; 49 USC 44715; 49 USC 44716 to 44717; 49 USC 
44722; 49 USC 44901; 49 USC 44903 to 44904; 49 USC 44912

CFR Citation:  14 CFR 121; 14 CFR 135

Legal Deadline: None

Abstract: This action would add new requirements for water survival 
equipment carried aboard airplanes and rotorcraft. The requirements 
would apply, after specified dates, to U.S.-certificate holders that 
conduct common-carriage operations with airplanes and rotorcraft. This 
action is in response to the Airport and Airway Safety and Capacity 
Enhancement Act of 1987 (PL 100-223) and relates to safety 
recommendations by the National Transportation Safety Board. The 
requirements are intended to increase the likelihood of aircraft 
passengers surviving a crash landing in water and, thus, this 
rulemaking is significant because of the safety implications.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/30/88                    53 FR 24890
NPRM Comment Period End         11/28/88
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: AIR-85-265R.
ANALYSIS: Regulatory Evaluation, 06/30/88, 53 FR 24890

Agency Contact: John Petrakis, Aircraft Certification Service, 
Department of Transportation, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591
Phone: 202 267-9574

RIN: 2120-AC72
_______________________________________________________________________




2209. +RETROFIT OF IMPROVED SEATS IN AIR CARRIER TRANSPORT CATEGORY 
AIRPLANES

Priority:  Other Significant

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC 
44101; 49 USC 44701 to 44702; 49 USC 44705; 49 USC 44709 to 44711; 49 
USC 44712; 49 USC 44713; 49 USC 44715; 49 USC 44716 to 44717; 49 USC 
44722; 49 USC 44901; 49 USC 44903 to 44904; 49 USC 44912; ...

CFR Citation:  14 CFR 121; 14 CFR 135

Legal Deadline:
NPRM, Statutory, April 28, 1988, PL 100-223 Sec 303.

Abstract: This action would require that all seats of transport 
category airplanes used in air carrier operations and transport 
category airplanes used in scheduled intrastate service comply with 
improved crashworthiness standards. The Airport and Airways Safety and 
Capacity Expansion Act of 1987 directs the Secretary of Transportation 
to initiate a rulemaking proceeding to consider requiring all seats 
onboard all air carrier aircraft to meet improved crashworthiness 
standards based upon the best available testing standards. The intended 
effect of this action is to increase passenger protection and 
survivability in survivable impact accidents. This rulemaking is 
considered significant because of its safety implications and statutory 
requirements.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/17/88                    53 FR 17650
NPRM Comment Period End         10/14/88

[[Page 21634]]

Notice of Public Meeting and 
Reopening of Comment Period     10/30/98                    63 FR 58331
NPRM Comment Period End         01/08/99
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Docket 25611. Project Number: AIR-88-136R.
ANALYSIS: Regulatory Evaluation, 05/17/88, 53 FR 17650

Agency Contact: John Petrakis, Aircraft Engineering Division, Aircraft 
Certification Service, Department of Transportation, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591
Phone: 202 267-9274

RIN: 2120-AC84
_______________________________________________________________________




2210. +SOLE RADIO NAVIGATION SYSTEM; MINIMUM STANDARDS FOR CERTIFICATION

Priority:  Other Significant

Legal Authority:  49 USC 106(g); 49 USC 40103; 49 USC 40113; 49 USC 
40120; 49 USC 44101; 49 USC 44111; 49 USC 44701; 49 USC 44709; 49 USC 
44711; 49 USC 44712; 49 USC 44715; 49 USC 44716; 49 USC 44717; 49 USC 
44722; 49 USC 46306

CFR Citation:  14 CFR 91

Legal Deadline:
Final, Statutory, September 30, 1989, Airway Safety and Capacity 
Expansion Act of 1987 (PL 100-223).

Abstract: The FAA is withdrawing a previously published Advance Notice 
of Proposed Rulemaking (ANPRM) that proposed to establish minimum 
standards under which a radio navigation system may be certified as the 
sole radio navigation system required in an aircraft conducting 
Instrument Flight Rules en route and terminal area operations, 
including nonprecision approach, in controlled airspace of the United 
States. This rulemaking was considered to be significant because of a 
congressional mandate. However, the provision was repealed in 1994 as 
part of the recodification of Title 49. The provision was originally 
enacted as section 310(c) in FAA's 1987 Reauthorization bill, Pub. L. 
No. 100-123.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           01/22/90                     55 FR 2206
ANPRM Comment Period End        05/22/90
To Be Withdrawn                 04/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: AFS-89-215R. This project was 
formerly entitled Sole Means Radio Navigation System.

Agency Contact: James Crowling, Flight Standards Service, Department of 
Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591
Phone: 202 267-5215

RIN: 2120-AD26
_______________________________________________________________________




2211. +REVISION OF PART 108, AIRPLANE OPERATOR SECURITY

Priority:  Other Significant

Legal Authority:  40 USC 106(g); 49 USC 5103; 49 USC 40113; 49 USC 
40119; 49 USC 44701 to 44702; 49 USC 44705; 49 USC 44901 to 44905; 49 
USC 44907; 49 USC 44913 to 44914; 49 USC 44932; 49 USC 44935 to 44936; 
49 USC 46105

CFR Citation:  14 CFR 108

Legal Deadline: None

Abstract: This action would amend part 108 of the Federal Aviation 
Regulations to incorporate new requirements in response to worldwide 
terrorist activity. This rulemaking is considered significant because 
of its safety implications and substantial public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/01/97                    62 FR 41730
Notice of Public Meeting        09/15/97                    62 FR 48190
NPRM Comment Period End         12/01/97
Notice of Public Meeting        04/21/98                    63 FR 19691
Reopening of NPRM Comment 
Period; Comment Period End 6/26/
98                              04/21/98                    63 FR 19691
Final Action                    10/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: ACS-87-107R.
ANALYSIS: Regulatory Evaluation, 08/01/97, 62 FR 41730

Agency Contact: Rhoda Hatmaker, Office of Civil Aviation Security, 
Department of Transportation, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591
Phone: 202 267-3946

RIN: 2120-AD45
_______________________________________________________________________




2212. +REVISION OF PART 107, AIRPORT SECURITY

Priority:  Other Significant

Legal Authority:  49 USC 106(g); 49 USC 5103; 49 USC 40113; 49 USC 
40119; 49 USC 44701 to 44702; 49 USC 44706; 49 USC 44901 to 44905; 49 
USC 44907; 49 USC 44913 to 44914; 49 USC 44932; 49 USC 44935 to 44936; 
49 USC 46105

CFR Citation:  14 CFR 107

Legal Deadline: None

Abstract: This action proposes to amend part 107 of the Federal 
Aviation Regulations to incorporate new requirements in response to the 
worldwide terrorist activity. This rulemaking is considered significant 
because of its safety implications and substantial public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/01/97                    62 FR 41760
Notice of Public Meeting        09/15/97                    62 FR 48190
NPRM Comment Period End         12/01/97
Notice of Public Meeting        04/21/98                    63 FR 19691
Reopening of Comment Period; 
Comment Period End 6/26/98      04/21/98                    63 FR 19691
Final Action                    10/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: ACS-87-106R.

[[Page 21635]]

ANALYSIS: Regulatory Evaluation, 08/01/97, 62 FR 41760

Agency Contact: Bob Comonaroto, Office of Civil Aviation Security, 
Department of Transportation, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591
Phone: 202 267-8553

RIN: 2120-AD46
_______________________________________________________________________




2213. +AIRCRAFT GROUND DEICING AND ANTI-ICING PROGRAM

Priority:  Other Significant

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC 
44101; 49 USC 44701 to 44702; 49 USC 44705; 49 USC 44709 to 44711; 49 
USC 44713; 49 USC 44716 to 44717; 49 USC 44722; 49 USC 44901; 49 USC 
44903 to 44904; 49 USC 44912; 49 USC 46105

CFR Citation:  14 CFR 121

Legal Deadline: None

Abstract: This action establishes a requirement for part 121 
certificate holders to develop an FAA-approved ground deicing/anti-
icing program and to comply with that program any time conditions are 
such that frost, ice, or snow could adhere to the aircraft's wings, 
control surfaces, or propellers. This action is necessary because 
several accidents and the recent International Conference on Airplane 
Ground Deicing indicate that, under present procedures, the pilot in 
command may be unable to effectively determine whether critical 
airplane components are free of all frost, ice, or snow prior to 
attempting a takeoff. The action provides an added level of safety to 
flight operations in adverse weather conditions, and is considered 
significant because of its safety implications.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/23/92                    57 FR 32846
NPRM Comment Period End         08/07/92
Interim Final Rule              09/29/92                    57 FR 44924
Interim Final Rule Effective    11/01/92
Interim Final Rule Correction   11/09/92                    57 FR 53385
Interim Final Rule Comment 
Period End                      04/15/93
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: AFS-92-280-R.
A proposed advisory circular providing guidance on the program elements 
that should be included in an air carrier's approved ground deicing and 
anti-icing program was published September 29, 1992, requesting 
comments (57 FR 44944).
Various documents of this proceeding were erroneously published under 
RIN 2120-AE51.
ANALYSIS: Regulatory Evaluation, 09/29/92, 57 FR 44924

Agency Contact: James Gardner, Regulations Branch, Flight Standards 
Service, Department of Transportation, Federal Aviation Administration, 
800 Independence Avenue SW., Washington, DC 20591
Phone: 202 267-9579

RIN: 2120-AE70
_______________________________________________________________________




2214. AIR TRAFFIC CONTROL RADAR BEACON SYSTEM AND MODE S TRANSPONDER 
REQUIREMENTS IN THE NATIONAL AIRSPACE SYSTEM

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC 
44101; 49 USC 44701 to 44702; 49 USC 44705; 49 USC 44709 to 44711; 49 
USC 44712; 49 USC 44713; 49 USC 44715; 49 USC 44716 to 44717; 49 USC 
44722; 49 USC 44901; 49 USC 44903 to 44904; 49 USC 44912

CFR Citation:  14 CFR 121; 14 CFR 135

Legal Deadline: None

Abstract: This action would revise the Mode S transponder requirement 
for all aircraft operating under part 135 and certain aircraft 
operating under part 121 based on the expected availability of 
operational capabilities of Mode S ground sensors. For part 121 
operators, the action would affect only those aircraft not required to 
have Traffic Alert and Collision Avoidance System II. An aviation 
rulemaking advisory committee has recommended that the FAA conduct a 
study of the installed Mode S ground sensor to determine the extent of 
the benefits derived and the costs involved in equipage. This action is 
a relieving action made necessary by the fact that ground sensors are 
not in place to support the requirement. Further, FAA is studying the 
need for Mode S transponders in part 135 and certain part 121 
operations in light of the fact that transponders may not substantially 
increase ATC ability to view air traffic.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/23/96                    61 FR 26036
NPRM Correction                 06/17/96                    61 FR 30551
NPRM Comment Period End         07/22/96
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: AFS-92-297R.
ANALYSIS: Regulatory Evaluation, 05/23/96, 61 FR 26036

Agency Contact: Daniel V. Meier, Jr., Flight Standards Service, 
Department of Transportation, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591
Phone: 202 267-3749

RIN: 2120-AE81
_______________________________________________________________________




2215. CIVIL PENALTY ASSESSMENT PROCEDURES

Priority:  Substantive, Nonsignificant

Legal Authority:  18 USC 6002; 49 USC 106(g); 49 USC 5121 to 5124; 49 
USC 40113 to 40114; 49 USC 44103 to 44106; 49 USC 44702 to 44703; 49 
USC 44709 to 44710; 49 USC 44713; 49 USC 46101 to 46110; 49 USC 46301 
to 46316; 49 USC 46501 to 46502; 49 USC 46504 to 46507; 49 USC 47106; 
49 USC 47111; 49 USC 47122

CFR Citation:  14 CFR 13

Legal Deadline: None

Abstract: This action would revise the procedures for the assessment of 
civil penalties for violations of the Federal Aviation Regulations and 
other provisions. The procedures proposed would implement the 
requirements of

[[Page 21636]]

the FAA Civil Penalty Administrative Assessment Act of 1992, as they 
modify the procedures for adjudicating a civil penalty against a person 
acting in the capacity of a pilot, flight engineer, mechanic, or 
repairman.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/05/94                    59 FR 40192
NPRM Comment Period End         10/04/94
Final Action                    10/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: Project Number: AGC-93-076R. This rulemaking 
was considered significant; however, after receiving only two comments 
on the NPRM issued in 8/94, and the lack of controversy regarding this 
rule, the FAA does not consider this a significant rulemaking.
ANALYSIS: Regulatory Evaluation, 08/05/94, 59 FR 40192

Agency Contact: Joyce Redos, Regulations Division, Department of 
Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591
Phone: 202 267-7158

RIN: 2120-AE84
_______________________________________________________________________




2216. FLIGHT ATTENDANT ENGLISH LANGUAGE PROFICIENCY

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40103; 49 USC 40113; 49 USC 
40119; 49 USC 40120; 49 USC 44101; 49 USC 44111; 49 USC 44701 to 44702; 
49 USC 44705; 49 USC 44709 to 44711; 49 USC 44712; 49 USC 44713; 49 USC 
44715; 49 USC 44716 to 44717; 49 USC 44722

CFR Citation:  14 CFR 91; 14 CFR 121; 14 CFR 125; 14 CFR 135

Legal Deadline: None

Abstract: The FAA has reviewed the Aviation Rulemaking Advisory 
Committee recommendation to proceed with this rulemaking. The FAA has 
determined that it would be most appropriate to address the flight 
attendant English language issue in the overall context of crew 
training. Therefore, because the FAA will incorporate the flight 
attendant English language issue into the proposed revision of part 121 
subpart N and O notice of proposed rulemaking, this rulemaking entry 
will be withdrawn.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           04/18/94                    59 FR 18456
ANPRM Comment Period End        07/18/94
To Be Withdrawn                 04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: Project Number: AFS-93-745A

Agency Contact: Donell Pollard, Flight Standards Service, Department of 
Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591
Phone: 202 267-3735

RIN: 2120-AE98
_______________________________________________________________________




2217. +REVISED ACCESS TO TYPE III EXITS

Priority:  Other Significant

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 44701 to 44702; 
49 USC 44704; 49 USC 44705; 49 USC 44709 to 44711; 49 USC 44722; 49 USC 
44901; 49 USC 44903 to 44904; 49 USC 44912; 49 USC 46105

CFR Citation:  14 CFR 25; 14 CFR 121

Legal Deadline: None

Abstract: This action would adjust recently adopted requirements for 
access to type III emergency exits in transport category airplanes with 
60 or more passenger seats. The adjustments would reflect new data from 
tests conducted at the FAA's Civil Aeromedical Institute and are 
intended to improve the ability of occupants to evacuate an airplane 
under emergency conditions. This rulemaking is considered significant 
because of substantial public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/30/95                     60 FR 5794
NPRM Comment Period End         05/01/95
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: Project Number: ANM-93-005R

Agency Contact: Charles Huber, Regulations Branch, Transport Airplane 
Directorate, Aircraft Certification Service, Department of 
Transportation, Federal Aviation Administration, 1601 Lind Avenue SW., 
Renton, WA 98055-4056
Phone: 425 227-2114

RIN: 2120-AF01
_______________________________________________________________________




2218. +TRAINING AND CHECKING IN GROUND ICING CONDITIONS

Priority:  Other Significant

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 44701 to 44702; 
49 USC 44705; 49 USC 44710 to 44711; 49 USC 44712; 49 USC 44713; 49 USC 
44715; 49 USC 44716 to 44717; 49 USC 44722

CFR Citation:  14 CFR 125; 14 CFR 135

Legal Deadline: None

Abstract: This amendment requires parts 125 and 135 certificate holders 
to provide pilot training or testing in ground deicing/anti-icing 
procedures and to check the airplane for contamination by frost, ice, 
or snow during ground icing conditions. The proposal is intended to 
provide an added level of safety to flight operations in adverse 
weather conditions under parts 125 and 135. This rulemaking is 
significant because it affects a substantial portion of the aviation 
industry.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/21/93                    58 FR 49164
NPRM Comment Period End         10/06/93
Interim Final Rule              12/30/93                    58 FR 69620
Advisory Circular Published     12/30/93                    58 FR 69631
Interim Final Rule Effective    01/31/94                    58 FR 69620
Interim Final Rule Comment 
Period End                      04/15/94
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: AFS-93-459R

[[Page 21637]]

ANALYSIS: Regulatory Evaluation, 12/30/93, 58 FR 69620

Agency Contact: James Gardner, Flight Standards Service, Department of 
Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591
Phone: 202 267-9579

RIN: 2120-AF09
_______________________________________________________________________




2219. LOS ANGELES, CA, CLASS B AIRSPACE

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40103; 49 USC 40113; 49 USC 
40120; EO 10854

CFR Citation:  14 CFR 71

Legal Deadline: None

Abstract: The FAA is withdrawing a previously published Notice of 
Proposed Rulemaking (NPRM) that proposed to alter the Los Angeles, CA, 
Class B airspace area. The proposal would have lowered certain ceilings 
while raising others to provide more visual flight rules altitudes to 
circumnavigate the Los Angeles Class B airspace and to provide for 
better containment of arriving turbojets. This action will be handled 
as a routine airspace action.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/22/94                    59 FR 60244
NPRM Comment Period End         01/23/95
To Be Withdrawn                 04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: Project Number: ATP-94-035T RIN 2120-AF38 was 
inadvertently used when this rulemaking was published in the Federal 
Register on November 22, 1994. The correct RIN is 2120-AF16.
ANALYSIS: Regulatory Evaluation, 11/22/94, 59 FR 60244

Agency Contact: William Nelson, Airspace and Obstruction Evaluation 
Branch, Air Traffic Rules and Procedures Service, Department of 
Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591
Phone: 202 267-9295

RIN: 2120-AF16
_______________________________________________________________________




2220. REVISION OF CERTIFICATION REQUIREMENTS: MECHANICS AND REPAIRMEN

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 44701 to 44703; 
49 USC 44709 to 44711; 49 USC 45102 to 45103; 49 USC 45301 to 45303

CFR Citation:  14 CFR 65; 14 CFR 66

Legal Deadline: None

Abstract: This action would revise the Federal Aviation Regulations 
that prescribe the certification and training requirements for 
mechanics and repairmen. Current regulations prescribing these 
certification requirements do not reflect the significant technological 
advances that have occurred in the aviation industry and the 
enhancements in training and instructional methods that have affected 
all aviation maintenance personnel. The proposed rule would consolidate 
and clarify 11 certification, training, experience, and currency 
requirements for aviation maintenance personnel in a newly established 
part 66. The proposal would enhance aviation safety by establishing new 
training programs for aviation maintenance personnel and would decrease 
the regulatory burden on these personnel by providing alternatives for 
meeting experience and currency requirements. This is an ARAC project 
that has 2 phases; phase l was addressed in the first NPRM and phase 2 
will be addressed in the second NPRM as well as addressing comments 
received from the first NPRM.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/17/94                    59 FR 42430
NPRM Comment Period End         10/17/94
NPRM                            07/09/98                    63 FR 37172
Withdrawal of 8/17/94 NPRM      07/09/98                    63 FR 37210
NPRM Correction                 08/05/98                    63 FR 41743
Extended NPRM Comment Period    10/14/98                    63 FR 55290
NPRM Comment Period End         11/06/98
Extended Comment Period End     01/08/99
Final Action                    05/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: AFS-96-492A. This rulemaking is 
a recommendation from the Aviation Rulemaking Advisory Committee.
ANALYSIS: Regulatory Evaluation, 08/17/94, 59 FR 42430

Agency Contact: Leslie Vipond, Aircraft Maintenance Service, Flight 
Standards Service, Department of Transportation, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591
Phone: 202 267-3269

RIN: 2120-AF22
_______________________________________________________________________




2221. +SUSPENSION OF CERTAIN AIRCRAFT OPERATIONS FROM THE TRANSPONDER 
WITH AUTOMATIC PRESSURE ALTITUDE REPORTING CAPABILITY REQUIREMENT

Priority:  Other Significant

Legal Authority:  49 USC 106(g); 49 USC 40103; 49 USC 40113; 49 USC 
40120; 49 USC 44101; 49 USC 44111; 49 USC 44701; 49 USC 44709; 49 USC 
44711; 49 USC 44712; 49 USC 44715; 49 USC 44716; 49 USC 44717; 49 USC 
44722; 49 USC 46306

CFR Citation:  14 CFR 91

Legal Deadline: None

Abstract: The FAA is withdrawing the proposed Special Federal Aviation 
Regulation (SFAR) because data shows that adequate time has passed 
since 1988 for aircraft operators to purchase and install automatic 
altitude reporting transponders, and those without an operating 
transponder may use the ATC authorization procedures. In addition, 
according to an FAA survey, the majority of general aviation aircraft 
owners have installed automatic altitude encoding transponders. The 
FAA, therefore, finds that the provision proposed in the NPRM are no 
longer necessary and is withdrawing the proposal to reinstate SFAR 62. 
This action would have reinstated and modified expired SFAR No. 62. 
SFAR No. 62 suspended certain provisions of the regulations requiring 
the installation and use of a transponder with automatic altitude 
reporting capability within 30 nautical miles of a Class B airspace 
primary airport. This rulemaking was significant because of substantial 
public interest.

[[Page 21638]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/25/94                    59 FR 43994
NPRM Correction                 09/14/94                    59 FR 47210
Extended NPRM Comment Period: 
Comment Period End 11/25/94     09/28/94                    59 FR 49360
NPRM Comment Period End         10/11/94
Withdrawal                      04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: ATP-93-474R. As this action 
merely involves extension of a suspension of a requirement, it is not a 
rulemaking requiring OMB review in the context of EO 12866. However, it 
is significant under DOT's regulatory policies and procedures.
ANALYSIS: Regulatory Evaluation, 08/25/94, 59 FR 43994

Agency Contact: Ellen Crum, Air Traffic Branch, Airspace Rules and 
Aeronautical Info. Div., Department of Transportation, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591
Phone: 202 493-4562

RIN: 2120-AF30
_______________________________________________________________________




2222. NORMAL CATEGORY ROTORCRAFT MAXIMUM WEIGHT AND PASSENGER SEAT 
LIMITATION

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 44701 to 44702; 
49 USC 44704

CFR Citation:  14 CFR 27; 14 CFR 29

Legal Deadline: None

Abstract: This rulemaking proposes to amend the airworthiness standards 
for normal category rotorcraft by increasing the maximum weight limit 
from 6,000 to 7,000 pounds and add a passenger seat limitation of nine. 
The increase in maximum weight is proposed to compensate for the 
increased weight resulting from additional regulatory requirements, 
particularly recent requirements intended to improve occupant 
survivability in the event of a crash.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Public Meeting        02/05/94                      59 FR 554
NPRM                            06/25/98                    63 FR 34610
NPRM Comment Period End         09/23/98
Final Action                    08/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: Project Number: ASW-98-200A.
ANALYSIS: Regulatory Evaluation, 06/25/98, 63 FR 34610

Agency Contact: Lance Gant, Rotorcraft Standards Staff, Rotorcraft 
Directorate, Department of Transportation, Federal Aviation 
Administration, ASW-110, FAA, Fort Worth, TX 76193-0110
Phone: 817 222-5114

RIN: 2120-AF33
_______________________________________________________________________




2223. +TYPE CERTIFICATION PROCEDURES FOR CHANGED PRODUCTS

Priority:  Other Significant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  42 USC 7572; 49 USC 106(g); 49 USC 40101; 49 USC 
40103; 49 USC 40105; 49 USC 40109; 49 USC 40113; 49 USC 44110; 49 USC 
44502; 49 USC 44701 to 44702; 49 USC 44707; 49 USC 44709; 49 USC 44711; 
49 USC 44713; 49 USC 44715

CFR Citation:  14 CFR 11; 14 CFR 21; 14 CFR 25

Legal Deadline: None

Abstract: This action amends the procedural regulations for 
certification of changes to type certificated products. The amendments 
affect changes accomplished through either an amended type certificate 
or a supplemental type certificate. The amendments are needed to 
address the trend toward fewer products that are of completely new 
design and more products with multiple changes to previously approved 
designs. This action will enhance safety by applying the latest 
airworthiness standards, to the greatest extent practicable, for the 
certification of significant design changes of aircraft, aircraft 
engines, and propellers. This rulemaking is considered significant 
because of substantial public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/02/97                    62 FR 24288
NPRM Comment Period End         09/02/97
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: None

Additional Information: Project Number: AIR-99-0393A. This action is 
the result of an Aviation Rulemaking Advisory Committee recommendation.
ANALYSIS: Regulatory Evaluation, 05/02/97, 62 FR 24288

Agency Contact: Randall Peterson, Office of Aircraft Certification 
Service, Department of Transportation, Federal Aviation Administration, 
800 Independence Avenue SW., Washington, DC 20591
Phone: 202 267-9583

RIN: 2120-AF68
_______________________________________________________________________




2224. MISCELLANEOUS CABIN SAFETY CHANGES

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC 
44101; 49 USC 44701 to 44702; 49 USC 44705; 49 USC 44709 to 44711; 49 
USC 44713; 49 USC 44716 to 44717; 49 USC 44722; 49 USC 44901; 49 USC 
44903 to 44904; 49 USC 44912; 49 USC 46105

CFR Citation:  14 CFR 121

Legal Deadline: None

Abstract: This action proposes to revise the airworthiness standards 
for transport category airplanes relating to flight attendant assist 
space, flight attendant assist handles, door hold open features, 
outside viewing means, interior compartment doors and portable oxygen 
equipment. With one exception, these proposals are not the result of 
any specific incident or recommendation, but are part of the FAA's 
continuing effort to upgrade the

[[Page 21639]]

regulations to improve the overall level of safety in areas where the 
state-of-the-art and good design practice have indicated that such 
upgrades are warranted. These proposals would result in both new type 
design regulations as well as requirements applicable to existing 
designs implemented via the operating rules.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/24/96                    61 FR 38552
NPRM Comment Period End         11/21/96
Final Action                    12/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: ANM-90-016R.
ANALYSIS: Regulatory Evaluation, 07/24/96, 61 FR 38552

Agency Contact: Jeff Gardlin, Aircraft Certification Service, 
Department of Transportation, Federal Aviation Administration, 1601 
Lind Avenue SW., Renton, WA 98055-4056
Phone: 425 227-2136

RIN: 2120-AF77
_______________________________________________________________________




2225. REPAIR ASSESSMENT FOR PRESSURIZED FUSELAGES

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40103; 49 USC 40113; 49 USC 
40119; 49 USC 40120; 49 USC 44101; 49 USC 44111; 49 USC 44701 to 44702; 
49 USC 44705; 49 USC 44709 to 40711; 49 USC 44712; 49 USC 44713; 49 USC 
44715; 49 USC 44716 to 44717; 49 USC 44912

CFR Citation:  14 CFR 91; 14 CFR 121; 14 CFR 125; 14 CFR 129

Legal Deadline: None

Abstract: This rulemaking would require incorporation of repair 
assessment guidelines for external fuselage pressure boundary into the 
FAA-approved maintenance programs of each operator of certain transport 
category airplane models. The purpose of the repair assessment 
guidelines is to establish a damage-tolerance based supplemental 
inspection program for repairs to detect damage, which may develop in a 
repaired area, before that damage degrades the load carrying capability 
of the structure below the levels required by the applicable 
airworthiness standards.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/02/98                      63 FR 126
NPRM Comment Period End         04/02/98
Extended NPRM Comment Period; 
Comment Period End 7/2/98       04/03/98                    63 FR 16452
Final Action                    11/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Additional Information: Project Number: ANM-97-309A. This is an 
Aviation Rulemaking Advisory Committee project.
ANALYSIS: Regulatory Evaluation, 01/02/98, 63 FR 126

Agency Contact: Dorenda Baker, Transport Airplane Directorate, Aircraft 
Certification Service, Department of Transportation, Federal Aviation 
Administration, 1601 Lind Avenue SW., Renton, WA 98055-4056
Phone: 425 227-2109

RIN: 2120-AF81
_______________________________________________________________________




2226. +COMMERCIAL SPACE TRANSPORTATION LICENSING REGULATIONS

Priority:  Other Significant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 70101 to 70119

CFR Citation:  14 CFR 400 to 415

Legal Deadline: None

Abstract: The Commercial Space Launch Act of 1984, as amended, grants 
the Department of Transportation authority to license and otherwise 
regulate commercial launches and the commercial operation of launch 
sites. In accordance with this authority, delegated to the FAA, the 
Associate Administrator for Commercial Space Transportation (AST) must 
ensure that commercial space launch activities are conducted in a 
manner that does not jeopardize public health and safety and the safety 
of property, without imposing unnecessary regulatory burdens on the 
commercial launch industry. The industry has grown in size and 
complexity since the original regulations were published in 1988, and 
AST's licensing program continues to evolve to reflect these changes. 
This rulemaking modifies the current regulations to reflect a 
streamlined and more mature licensing regime developed over the past 
few years. Such changes would benefit the industry by reducing 
regulatory burdens, thus reducing costs. This rulemaking is significant 
because of substantial public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Public Meeting Notice and 
Request for Comments            10/13/94                    59 FR 52020
Extended Comment Period; Comment 
Period End 12/16/94             12/05/94                    59 FR 62359
NPRM                            03/19/97                    62 FR 13216
NPRM Comment Period End         05/19/97
Correction                      05/23/97                    62 FR 28391
Reopening of NPRM Comment 
Period; Comment Period End 8/4/
97                              07/03/97                    62 FR 36027
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: Federal

Additional Information: This action first appeared in the Agenda under 
RIN 2105-AB85. However, it was transferred from the Office of the 
Secretary, Department of Transportation, to the Federal Aviation 
Administration due to Transfer of Delegations. See 60 FR 62762, 
December 7, 1995, for information of the delegation.
Project Number: AST-96-142R.
ANALYSIS: Regulatory Evaluation, 03/19/97, 62 FR 13216

Agency Contact: Laura Montgomery, Regulations Division, Office of the 
Chief Counsel, Department of Transportation, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591
Phone: 202 267-3073

RIN: 2120-AF99


_______________________________________________________________________



[[Page 21640]]

2227. REVISION OF CERTIFICATION REQUIREMENTS: AIRCRAFT DISPATCHERS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 44701 to 44703; 
49 USC 44707; 49 USC 44709 to 44711; 49 USC 45102 to 45103; 49 USC 
45301 to 45302

CFR Citation:  14 CFR 65

Legal Deadline: None

Abstract: This action proposes to amend the regulations that prescribe 
the certification and training requirements for aircraft dispatchers. 
Current regulations prescribing these certification requirements do not 
reflect the significant technological advances that have occurred in 
the aviation industry and the enhancements in training and 
instructional methods that have affected all aircraft dispatchers. The 
proposal would consolidate and clarify all certification, training, and 
experience requirements for aircraft dispatchers in newly revised part 
65, subpart C, and appendix A of part 65.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/19/98                    63 FR 55920
NPRM Comment Period End         02/16/99
Final Action                    10/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: AFS-94-171A.
ANALYSIS: Regulatory Evaluation, 10/19/98, 63 FR 55920

Agency Contact: Tom Toula, Flight Standards Service, Department of 
Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591
Phone: 202 267-8166

RIN: 2120-AG04
_______________________________________________________________________




2228. +SECURITY PROGRAMS OF FOREIGN AIR CARRIERS AND FOREIGN OPERATORS 
OF U.S. REGISTERED AIR CARRIERS ENGAGED IN COMMON CARRIAGE

Priority:  Other Significant

Legal Authority:  49 USC 106(g); 49 USC 40104 to 40105; 49 USC 40113; 
49 USC 40119; 49 USC 44701 to 44702; 49 USC 44712; 49 USC 44716 to 
44717; 49 USC 44722; 49 USC 44901 to 44904; 49 USC 44906

CFR Citation:  14 CFR 129

Legal Deadline: None

Abstract: As an action intended to implement the Antiterrorism and 
Effective Death Penalty Act of 1996 (PL 104-132, 4/14/96), the FAA is 
proposing to amend existing airplane operator security rules for 
foreign air carriers and foreign operators of U.S. registered aircraft. 
The proposed amendment would require the Administrator to accept a 
foreign air carrier's program only if the Administrator finds that the 
security program provides for identical security measures to those 
provided by U.S. air carriers serving the same airport. The proposed 
rule will establish the obligation to use identical security measures. 
The actual measures to be used will be identified through changes to 
the nonpublic security program of the foreign air carriers. This rule 
is considered significant due to substantial public interest and 
concern of foreign governments.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/23/98                    63 FR 64764
Notice of Public Meeting        11/23/98                    63 FR 64764
NPRM Comment Period End         03/23/99
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: Project Number: ACP-96-363R.
ANALYSIS: Regulatory Evaluation, 04/00/99

Agency Contact: Moira Lozada, Civil Aviation Security Division, Office 
of Civil Aviation Security Policy and Planning, Department of 
Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591
Phone: 202 267-3373

RIN: 2120-AG13
_______________________________________________________________________




2229. REVISED PRECISION APPROACH LANDING SYSTEMS POLICY

Priority:  Substantive, Nonsignificant

Legal Authority:  Not yet determined

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: This statement announces the FAA's proposed policy for 
acquisition, installation, maintenance, and decommissioning of the 
instrument landing system (ILS) and the microwave landing system (MLS) 
during the transition to the global positioning system (GPS). The 
policy statement of December 1989 announced the transition from the ILS 
to the MLS for precision approach service in the National Airspace 
System. Since that time, advancement of GPS-based landing system 
technology has provided a more economical means of providing approach 
services.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Policy Statement                12/27/89                    54 FR 53231
Policy Statement                04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Michael Wedge, Airway Facilities Service, Department of 
Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591
Phone: 202 267-7848

RIN: 2120-AG16
_______________________________________________________________________




2230. +FEES FOR AIR TRAFFIC SERVICES FOR CERTAIN FLIGHTS THROUGH U.S.-
CONTROLLED AIRSPACE AND FOR AERONAUTICAL STUDIES

Priority:  Other Significant

Legal Authority:  49 USC 9701; 49 USC 106 (g); 49 USC 40103; 49 USC 
40104 to 40105; 49 USC 40109; 49 USC 40113 to 40114; 49 USC 44502; 49 
USC 44701; 49 USC 44702; 49 USC 44718; 49 USC 45301 to 45303; 49 USC 
46101 to 46102; 49 USC 46104

CFR Citation:  14 CFR 77; 14 CFR 187

Legal Deadline: None

Abstract: Pursuant to the 1996 FAA Reauthorization Act, the FAA is 
issuing another interim rule to establish fees

[[Page 21641]]

and collection procedures for FAA air traffic and related services 
provided to certain aircraft that transit U.S.-controlled airspace but 
neither take off from, nor land in, the United States. Previously, the 
FAA issued an Interim Final Rule that was remanded back to FAA by the 
United States Court of Appeals for the District of Columbia. That 
Interim Final Rule was withdrawn by the Final Rule issued on July 24, 
l998. The new Interim Final Rule complies with the Courts decision. 
This action is significant because of substantial public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              03/20/97                    62 FR 13496
Correction                      04/29/97                    62 FR 23295
Correction and Technical 
Amendment                       05/02/97                    62 FR 24286
Correction                      05/05/97                    62 FR 24552
Interim Final Rule Effective    05/19/97
Interim Final Rule Comment 
Period End                      07/18/97
Interim Final Rule              10/02/97                    62 FR 51736
Interim Final Rule Effective    10/02/97
FInal Rule Effective            07/21/98
Interim Final Rule              07/24/98                    63 FR 40000
Interim Final Rule              04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: Project Number: APO-96-172R.
ANALYSIS: Regulatory Evaluation, 03/20/97, 62 FR 13496

Agency Contact: Tim Lawler, Office of Aviation Policy and Plans, 
Department of Transportation, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591
Phone: 202 267-7052

RIN: 2120-AG17
_______________________________________________________________________




2231. PROCEDURES FOR PROTESTS AND CONTRACT DISPUTES; AMENDMENT OF EQUAL 
ACCESS TO JUSTICE ACT REGULATIONS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(f)

CFR Citation:  14 CFR 17

Legal Deadline: None

Abstract: This rulemaking would formally establish procedures the FAA 
will use to settle contract disputes and protests.
The FAA Office of Dispute Resolution (ODR) was established as an 
organization that has broad discretion to resolve protests and contract 
disputes, utilize administrative or alternative dispute resolution 
techniques and provide fair and impartial decisions or recommendations, 
supported by the facts and law. In order for this office to carry out 
its function, while providing for appropriate due process, it is 
necessary that certain of its procedures uniformly have the force and 
effect of law. This would include matters such as the establishment of 
filing deadlines; the power to issue subpoenas and protective orders; 
the power to levy sanctions; and the discretion to establish schedules, 
and to limit discovery, length of presentations, numbers of exhibits, 
and other similar matters.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/25/98                    63 FR 45372
NPRM Comment Period End         10/26/98
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: Federal

Additional Information: Project Number: AGC-96-353R. This entry was 
formerly titled, ``Dispute Resolution Regulations.''
ANALYSIS: Regulatory Evaluation, 08/25/98, 63 FR 45372

Agency Contact: Marie Collins, Office of the Chief Counsel, Department 
of Transportation, Federal Aviation Administration, 400 Seventh Street 
SW., Washington, DC 20590
Phone: 202 366-6400

RIN: 2120-AG19
_______________________________________________________________________




2232. +PROHIBITION OF THE TRANSPORTATION OF DEVICES DESIGNED AS CHEMICAL 
GENERATORS AS CARGO IN AIRCRAFT

Priority:  Other Significant

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC 
44101; 49 USC 44701 to 44702; 49 USC 44705; 49 USC 44709 to 44711; 49 
USC 44713; 49 USC 44716; 49 USC 44722; 49 USC 46301

CFR Citation:  14 CFR 121; 14 CFR 125; 14 CFR 135

Legal Deadline: None

Abstract: This rulemaking proposes to ban the transportation of devices 
designed to chemically generate oxygen in certain aircraft, with 
limited exceptions. This proposed ban applies to newly-manufactured 
chemical oxygen generators that have never been filled with chemicals. 
It would also apply to devices designated as chemical oxygen generators 
that have been discharged (spent) or that are past their expiration 
dates. The FAA believes that newly-manufactured chemical oxygen 
generators might be manufactured in one location and transported to 
another location to be filled. This could lead to human factors errors 
in determining whether the device designed as a chemical oxygen 
generator is actually empty.
The Research and Special Programs Administration (RSPA) proposed a ban 
that applies to ``spent'' chemical oxygen generators to the extent that 
such generators have residue chemicals in the canisters. (See RIN 2137-
AC92)
This rulemaking is considered significant because of substantial public 
interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/27/98                    63 FR 45912
Correction                      09/24/98                    63 FR 51048
NPRM Comment Period End         10/26/98
Correction                      11/10/98                    63 FR 29276
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Additional Information: Project Number: AFS-97-065R
ANALYSIS: Regulatory Evaluation, 08/27/98, 63 FR 45912

Agency Contact: Gary Davis, Flight Standards Service, Department of 
Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591
Phone: 202 267-3747

RIN: 2120-AG35


_______________________________________________________________________



[[Page 21642]]

2233. +AIR TOUR OPERATIONS IN THE STATE OF HAWAII

Priority:  Other Significant

Legal Authority:  49 USC 106(g); 49 USC 40103; 49 USC 40113; 49 USC 
40120; 49 USC 44101; 49 USC 44701; 49 USC 44702; 49 USC 44705; 49 USC 
44709; 49 USC 44711 to 44713; 49 USC 44715; 49 USC 44716; 49 USC 44717; 
49 USC 44722; 49 USC 46306

CFR Citation:  14 CFR 91; 14 CFR 135

Legal Deadline: None

Abstract: This rulemaking disposes of comments received in response to 
the final rule published on September 26, 1994 (59 FR 49138), for 
certain procedural, operational, and equipment requirements for air 
tour operations in the State of Hawaii, codified as Special Federal 
Aviation Regulation (SFAR 71). It also extends SFAR 71 until the FAA 
publishes a final rule regulating all air tour operations. This 
rulemaking is significant because of substantial public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule Effective    10/26/97
Interim Final Rule              10/30/97                    62 FR 58854
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: AFS-94-453R

Agency Contact: Gary Davis, Flight Standards Service, Department of 
Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591
Phone: 202 267-3747

RIN: 2120-AG44
_______________________________________________________________________




2234. PART 93 SUBPART D--ANCHORAGE, ALASKA, TERMINAL AREA

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40103; 49 USC 40106; 49 USC 
40109; 49 USC 40113; 49 USC 44502; 49 USC 44514; 49 USC 44701; 49 USC 
44719; 49 USC 46301

CFR Citation:  14 CFR 93

Legal Deadline: None

Abstract: This action proposes to amend regulations regarding the 
Anchorage, Alaska, Terminal Area by revising the description of the 
Anchorage, Alaska, Terminal Area and the communication requirements for 
operating in the area. The FAA is proposing this action to enhance 
safety and simplify aircraft operating procedures in the Anchorage, 
Alaska, Terminal Area.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/01/97                    62 FR 51564
NPRM Comment Period End         11/17/97
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 04/00/99

Agency Contact: Bill Nelson, Office of Air Traffic Airspace Management, 
Department of Transportation, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591
Phone: 202 267-9295

RIN: 2120-AG45
_______________________________________________________________________




2235. +TERRAIN AWARENESS AND WARNING SYSTEM

Priority:  Other Significant

Legal Authority:  49 USC 106(g); 49 USC 40103; 49 USC 40113; 49 USC 
40120; 49 USC 44101; 49 USC 44111; 49 USC 44701; 49 USC 44709; 49 USC 
44712; 49 USC 44715; 49 USC 44716 to 44718; 49 USC 44722; 49 USC 46306; 
49 USC 46315; 49 USC 46316; ...

CFR Citation:  14 CFR 91; 14 CFR 121; 14 CFR 135

Legal Deadline: None

Abstract: This rulemaking would issue rules that would prohibit the 
operation of turbine-powered U.S.-registered civil airplanes of six or 
more passenger seats, exclusive of pilot and copilot seating, unless 
that airplane is equipped with an FAA-approved enhanced ground 
proximity warning system (GPWS). This proposed rule is intended to 
further reduce the risk of controlled flight into terrain (CFIT) 
accidents. This rule is significant because of substantial public 
interest.

Statement of Need: As a result of the Gore Commission and NTSB 
recommendations and a number of studies, it was found that CFIT 
accidents could have been avoided if an enhanced warning device was 
used.

Summary of the Legal Basis: 49 USC 44701 empowers the Administrator to 
prescribe regulations and minimum standards in the interest of safety 
for aircraft and equipment.

Alternatives: The FAA considered regulatory options to identify the 
least intrusive and most cost-effective means of achieving the goal of 
reducing the probability of CFIT accidents. The alternatives considered 
fall under two general groupings: 1) require different levels of TAWS 
or GPWS technologies for different subsegments of the regulated 
population; and, 2) impose different compliance deadlines on different 
subsegments of the regulated population.

Anticipated Costs and Benefits: The discounted costs of this rule are 
estimated at $774 million; the benefits are estimated at $2.8 billion. 
The benefit/cost ratio is 3.65 to 1. This total includes adding the 
equipment to all in-service airplanes and to all newly manufactured 
airplanes over the next 10 years.

Risks: The purpose of this rulemaking is to expand and enhance the 
safety benefits of the current ground proximity warning system. TAWS 
provides an earlier time for verbal warning along with a visual warning 
(situational display) that will allow the flight crew to see 
approaching terrain. The combination of the increased warning times and 
situational awareness of flight crews decreases the risk of controlled-
flight-into-terrain accidents.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/26/98                    63 FR 45628
NPRM Comment Period End         11/24/98
Final Action                    12/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses, Organizations

Government Levels Affected: None

[[Page 21643]]

Additional Information: Project Number: AIR-96-354R.
ANALYSIS: Regulatory Evaluation, 08/26/98, 63 FR 45628

Agency Contact: Manny Macedo, Office of Aircraft Certification Service, 
Department of Transportation, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591
Phone: 202 267-9566

RIN: 2120-AG46
_______________________________________________________________________




2236. +HIGH DENSITY AIRPORTS; ALLOCATION OF SLOTS

Priority:  Other Significant

Legal Authority:  49 USC 106(g); 49 USC 40103; 49 USC 40106; 49 USC 
40109; 49 USC 44502; 49 USC 44514; 49 USC 44701; 49 USC 46301

CFR Citation:  14 CFR 93

Legal Deadline: None

Abstract: This action proposes to codify the provision of the U.S./
Canadian Bilateral Agreement, which was signed on February 24, 1995, 
with the current provisions of the High Density Rule. The agreement 
allows for a three-year phase-in period to ``Open Skies'' between the 
two countries. Service between the two countries would convert from 
international service to domestic service. To achieve the mandate, 
Canadian carriers have been allocated additional slots that would be 
subject to the restrictions currently mandated for domestic operations 
of U.S. carriers. This rulemaking is significant because of substantial 
public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/12/99                     64 FR 2086
Correction                      01/20/99                     64 FR 3054
NPRM Comment Period End         02/11/99
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: Project Number: AGC-97-474R.
ANALYSIS: Regulatory Evaluation, 01/12/99, 64 FR 2086

Agency Contact: Lorelei Peter, Office of the Chief Counsel, Department 
of Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591
Phone: 202 267-3134

RIN: 2120-AG50
_______________________________________________________________________




2237. +POLICY REGARDING AIRPORT RATES AND CHARGES

Priority:  Other Significant

Legal Authority:  Not yet determined

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: A statement of policy, Policy Regarding Airport Rates and 
Charges (Policy Statement), which was required by Congress as part of 
the DOT Authorization Act of 1994, was published in the Federal 
Register (61 FR 31994) on June 21, 1996. That Policy Statement 
announced DOT and FAA policy on the fees charged by Federally-assisted 
airports to air carriers and other aeronautical users. This proposed 
action requests comments on replacement provisions for the portions of 
the Policy Statement vacated by the United States Court of Appeals for 
the District of Columbia Circuit. The Court disallowed a portion of the 
policy that had to do with historic cost valuation of airport property. 
DOT and FAA are beginning this proceeding in order to carry out its 
responsibility to establish reasonableness guidelines for airport fees. 
This policy is significant due to substantial industry interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Advanced Notice of Proposed 
Policy                          08/12/98                    63 FR 43228
Comment Period End              10/13/98
Comment Period Extended to 1/31/
99                              12/22/98                    63 FR 70834
Final Policy                    05/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Governmental Jurisdictions

Government Levels Affected: None

Additional Information: Cite per reference in Abstract paragraph, 
United States Court of Appeals for the District of Columbia Circuit in 
Air Transport Association of America v. Department of Transportation, 
119 F.3d 38 (D.C. Cir. 1997), as modified on rehearing, Order of Oct. 
15, 1997. Previous RIN for the Policy Statement published in the 
Federal Register is 2120-AF90.

Agency Contact: Barry Molar, Office of Airport Safety and Standards, 
Department of Transportation, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591
Phone: 202 267-3053

RIN: 2120-AG58
_______________________________________________________________________




2238. ROTORCRAFT LOAD COMBINATION SAFETY REQUIREMENTS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 44701 to 44702; 
49 USC 44704

CFR Citation:  14 CFR 27; 14 CFR 29

Legal Deadline: None

Abstract: The FAA proposes to amend the airworthiness standards for 
rotorcraft load combination (RLC) certification. This proposal would 
revise the safety requirements for RLC to address advances in 
technology and to provide an increased improvement in the safety 
standards for RLC certification and lead to a harmonized international 
standard.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/13/98                    63 FR 37746
NPRM Comment Period End         10/13/98
Final Action                    08/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: ASW-98-198A.
ANALYSIS: Regulatory Evaluation, 08/00/99

Agency Contact: Mike Mathias, Rotorcraft Directorate, Aircraft 
Certification Service, Department of Transportation, Federal Aviation 
Administration, 2601 Meacham Boulevard, Fort Worth, TX 76193-0111
Phone: 817 222-5123

RIN: 2120-AG59


_______________________________________________________________________



[[Page 21644]]

2239. HARMONIZATION OF CRITICAL PARTS ROTORCRAFT REGULATIONS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 44701 to 44702; 
49 USC 44704

CFR Citation:  14 CFR 27; 14 CFR 29

Legal Deadline: None

Abstract: This action proposes to amend the airworthiness standards to 
define critical parts and to require a critical parts plan. The 
critical parts plan would establish procedures that would allow for the 
control of the design, substantiation, manufacture, maintenance, and 
modification of critical parts.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/24/98                    63 FR 45130
NPRM Comment Period End         11/23/98
Final Action                    12/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: Project Number: ASW-98-202A
ANALYSIS: Regulatory Evaluation, 08/24/98, 63 FR 45130

Agency Contact: Carroll Wright, Rotorcraft Directorate, Aircraft 
Certification Service, Department of Transportation, Federal Aviation 
Administration, 2601 Meacham Boulevard, Fort Worth, TX 76193-0111
Phone: 817 222-5120

RIN: 2120-AG60
_______________________________________________________________________




2240. NOISE CERTIFICATION STANDARDS FOR PROPELLER-DRIVEN SMALL AIRPLANES

Priority:  Substantive, Nonsignificant

Legal Authority:  42 USC 4321; 49 USC 106(g); 49 USC 40113; 49 USC 
44701 to 44702; 49 USC 44704; 49 USC 44715

CFR Citation:  14 CFR 36

Legal Deadline: None

Abstract: The FAA is proposing changes to the noise certification 
standards for propeller-driven small airplanes. These proposals are 
based on the joint effort of the FAA, the European Joint Aviation 
Authorities (JAA), and Aviation Rulemaking Advisory Committee (ARAC), 
to harmonize the US noise and certification regulations and the JAR for 
propeller-driven small airplanes. The proposed changes would provide 
nearly uniform noise certification standards for airplanes certificated 
in the US and in the JAA countries. The harmonization of the noise 
certification standards would simplify airworthiness approvals for 
import and export purposes.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/18/98                    63 FR 64146
NPRM Comment Period End         01/19/99
FInal Action                    06/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Additional Information: Project Number: AEE-94-366A.
ANALYSIS: Regulatory Evaluation, 11/18/99, 63 FR 64146

Agency Contact: Mehmet Marsan, Office of Environment and Energy, 
Department of Transportation, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591
Phone: 202 267-7703

RIN: 2120-AG65
_______________________________________________________________________




2241. LICENSING AND TRAINING OF PILOTS, FLIGHT INSTRUCTORS, AND GROUND 
INSTRUCTORS OUTSIDE THE UNITED STATES

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 44701 to 44703; 
49 USC 44707 to 44711; 49 USC 45102 to 45104; 49 USC 45301 to 45303

CFR Citation:  14 CFR 61; 14 CFR 141; 14 CFR 142

Legal Deadline: None

Abstract: The FAA is issuing a final rule versus an NPRM because the 
FAA does not believe there is any interest by the public and any delay 
could be detrimental to U.S. Pilot Schools and Training Centers. This 
rulemaking is needed to remove language restricting licensing for 
persons outside the U.S. who are not U.S. citizens and remove language 
restricting the operation of airmen training institutions outside the 
U.S. Efforts between the FAA, Joint Aviation Authorities (JAA), and 
European Civil Aviation Commission have identified these subject areas 
as obstructionist to harmonization efforts and detrimental to U.S. 
pilot schools, which seek to continue to train students from the JAA 
member states. The harmonization working groups, set up by the above 
organizations, are expected to recommend that the JAA remove similarly 
restrictive language from its Joint Aviation Regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                      10/05/98                    63 FR 53532
Final Rule Effective            10/05/98
Final Rule Comment Period End   11/04/98
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: Project Number: AFS-98-338R.

Agency Contact: John Lynch, Flight Standards Service, Department of 
Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591
Phone: 202 267-3844

RIN: 2120-AG66
_______________________________________________________________________




2242.  NIGHT FLYING TAKEOFF AND LANDING CURRENCY

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40103; 49 USC 40106; 49 USC 
40109; 49 USC 40113; 49 USC 44502; 49 USC 44514; 49 USC 44701; 49 USC 
44719; 49 USC 46301

CFR Citation:  14 CFR 61

Legal Deadline: None

Abstract: The FAA will issue a final rule to recognize the training 
programs that pilots of certain corporate operators undergo and the 
aeronautical experience requirements that these pilots possess as they 
relate to night takeoff and landing currency. Specifically, this rule 
will recognize alternative methods of compliance for night currency 
requirements based on previously granted exemptions.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                      04/00/99

Regulatory Flexibility Analysis Required: No

[[Page 21645]]

Small Entities Affected: No

Government Levels Affected: None

Additional Information: ANALYSIS: Regulatory Evaluation, 04/00/99

Agency Contact: John Lynch, Flight Standards Service, Department of 
Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591
Phone: 202 267-3844

RIN: 2120-AG77
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                    Long-Term Actions


Federal Aviation Administration (FAA)



_______________________________________________________________________




2243. +FUEL SYSTEM VENT FIRE PROTECTION

Priority:  Other Significant

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC 
44101; 49 USC 44701 to 44702; 49 USC 44704; 49 USC 44705; 49 USC 44709 
to 44711; 49 USC 44712; 49 USC 44713; 49 USC 44715; 49 USC 44716 to 
44717; 49 USC 44721; 49 USC 44722; 49 USC 44901

CFR Citation:  14 CFR 25; 14 CFR 121; 14 CFR 135

Legal Deadline: None

Abstract: This action would amend the airworthiness standards for 
transport category airplanes to require fuel vent system protection 
during post-crash ground fires. This proposed rule would apply to air 
carriers, air taxi operators, and commercial operators of transport 
category airplanes, as well as the manufacturers of such airplanes. 
This action is considered significant because of substantial public 
interest and the safety implications.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           09/26/84                    49 FR 38078
ANPRM Comment Period End        01/25/85
NPRM                            02/02/95                     60 FR 6632
NPRM Comment Period End         06/02/95


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Docket 24251. Formerly entitled Implementation 
of SAFER Propulsion System Recommendations. Project Number: ANM-82-
050R.
ANALYSIS: Regulatory Evaluation, 02/02/95, 60 FR 6632

Agency Contact: Mike McRae, Department of Transportation, Federal 
Aviation Administration, Northwest Mountain Region, 1601 Lind Avenue 
SW., Renton, Washington 98055-4056
Phone: 425 227-2116

RIN: 2120-AA49
_______________________________________________________________________




2244. AIRWORTHINESS STANDARDS; CRASH-RESISTANT FUEL SYSTEMS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40113; 40 USC 44701 to 44702; 
49 USC 44704

CFR Citation:  14 CFR 23

Legal Deadline: None

Abstract: This action proposes changes to the airworthiness standards 
to improve the crash resistance of fuel systems on normal, utility, 
acrobatic, and commuter category airplanes. The FAA has determined that 
improved crash resistance of these fuel systems is necessary to prevent 
deaths and injuries due to fire in survivable crashes. The proposed 
design changes would limit fuel spillage near ignition sources and 
would provide additional time for the survivors to evacuate the 
airplane.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           03/05/85                     50 FR 8948
ANPRM Comment Period End        07/03/85
NPRM                            02/28/90                     55 FR 7280
NPRM Comment Period End         06/28/90


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Formerly titled ``Amend Part 23 To Include 
Requirements for Crash-Resistant Fuel Systems.'' Project Number: ACE-
82-005R.
ANALYSIS: Regulatory Evaluation, 02/28/90, 55 FR 7280

Agency Contact: Norman Vetter, Standards Office, Aircraft Certification 
Service, Department of Transportation, Federal Aviation Administration, 
601 E. 12th Street, Kansas City, MO 64106
Phone: 816 426-5688

RIN: 2120-AA57
_______________________________________________________________________




2245. LOW FUEL QUANTITY ALERTING SYSTEM

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 44701 to 44702; 
49 USC 44704

CFR Citation:  14 CFR 25

Legal Deadline: None

Abstract: This action would amend the airworthiness standards for 
transport category airplanes to require a means to alert the flight 
crew of potentially unsafe low fuel quantities. There have been several 
fuel depletion incidents involving loss of power or thrust on all 
engines that could have resulted in forced landings and injury or loss 
of life. Most of these incidents resulted from improper fuel management 
techniques. This proposed amendment would require new transport 
category airplane designs to incorporate a low fuel quantity alert 
system that would allow for correction of certain fuel management 
errors or provide the flightcrew the opportunity to make a safe landing 
prior to engine fuel starvation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/12/87                    52 FR 17890
NPRM Comment Period End         09/09/87


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Docket No. 25213. Project Number: ANM-83-039R.

[[Page 21646]]

ANALYSIS: Regulatory Evaluation, 05/12/87, 52 FR 17890

Agency Contact: Neil Schalekamp, Department of Transportation, Federal 
Aviation Administration, Northwest Mountain Region, 1601 Lind Avenue 
SW., Renton, Washington 98055-4056
Phone: 425 227-2112

RIN: 2120-AB46
_______________________________________________________________________




2246. AIRCRAFT ENGINES: FUEL AND INDUCTION SYSTEMS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 44701 to 44702; 
49 USC 44704

CFR Citation:  14 CFR 33

Legal Deadline: None

Abstract: This action would add a new section 33.35(f) to the Federal 
Aviation Regulations which would incorporate a requirement for the fuel 
mixture and throttle controls to automatically move to a position 
allowing continued safe flight if either control becomes disconnected.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           02/28/86                     51 FR 7224
ANPRM Comment Period End        04/29/86
NPRM                            10/20/92                    57 FR 47934
NPRM Comment Period End         02/17/93


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: ANE-85-002R. Former title: 
Engine Fuel and Induction Systems.
ANALYSIS: Regulatory Evaluation, 10/20/92, 57 FR 47934

Agency Contact: Locke Easton, Engine and Propeller Standards Staff, 
Aircraft Certification Service, Department of Transportation, Federal 
Aviation Administration, New England Region, 12 New England Executive 
Park, Burlington, MA 01803
Phone: 617 273-7088

RIN: 2120-AB76
_______________________________________________________________________




2247. REVIEW OF PART 47, AIRCRAFT REGISTRATION, AND PART 49, RECORDING 
OF AIRCRAFT TITLES AND SECURITY DOCUMENTS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40113 to 40114; 49 USC 44101 to 
44108; 49 USC 44110 to 44111; 49 USC 44713; 49 USC 45302; 49 USC 46104; 
49 USC 46301

CFR Citation:  14 CFR 47; 14 CFR 49

Legal Deadline: None

Abstract: This notice would propose to update parts 47 and 49 of the 
Federal Aviation Regulations to reflect changes in the law, legal 
interpretations, other recent rulemaking actions, and the FAA's current 
aircraft registry practices. The intent of these proposed changes is to 
articulate, modernize, and simplify the existing regulations rather 
than alter established procedures.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: AFS-89-201R.

Agency Contact: Sharon Ashford, Flight Standards Service, Department of 
Transportation, Federal Aviation Administration, Mike Monroney 
Aeronautical Center, 6500 South MacArthur Boulevard, Oklahoma City, 
Oklahoma 73125
Phone: 405 954-7038

RIN: 2120-AC17
_______________________________________________________________________




2248. INSTALLATION OF CRASHWORTHY FUSELAGE FUEL TANKS AND FUEL LINES

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 44701 to 44702; 
49 USC 44704

CFR Citation:  14 CFR 25

Legal Deadline:
NPRM, Statutory, February 3, 1989, Public Law 100-591 Aviation Safety 
Research Act of 1988.

Abstract: This preliminary action was initiated to determine the 
feasibility of installing, in all air carrier aircraft, crashworthy 
fuselage fuel tanks and fuselage fuel lines which are rupture resistant 
and which disconnect and seal in the event of an accident. This notice 
solicited public participation in identifying and selecting a 
regulatory course of action by inviting interested persons to submit 
specific comments and arguments concerning this proposed regulatory 
action. Originally this rulemaking was considered significant. However, 
because there is no substantial public interest, this rulemaking is no 
longer significant.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           05/02/89                    54 FR 18824
ANPRM Comment Period End        10/30/89


Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: ANM-89-005R.

Agency Contact: Mike Dostert, Transport Airplane Directorate, Aircraft 
Certification Service, Department of Transportation, Federal Aviation 
Administration, Northwest Mountain Region, 1601 Lind Avenue SW., 
Renton, WA 98055-4056
Phone: 425 227-2132

RIN: 2120-AC87
_______________________________________________________________________




2249. AIRPLANE ENGINE COWLING RETENTION

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 44701 to 44702; 
49 USC 44704

CFR Citation:  14 CFR 25

Legal Deadline: None

Abstract: This action would amend the airworthiness standards for 
transport category airplanes to require improved cowling retention 
devices. A review of a number of inflight incidents where engine 
cowlings were lost revealed that the largest single cause of such 
losses was improper latching of the cowlings. If adopted, this proposal 
would provide additional design standards to detect improperly latched 
cowlings and ensure the integrity of the latching system.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/19/89                    54 FR 38610

[[Page 21647]]

NPRM Comment Period End         03/19/90


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: Project Number: ANM-87-004R.

Agency Contact: Mike McRae, Airframe and Propulsion Branch, Aircraft 
Certification Service, Department of Transportation, Federal Aviation 
Administration, Northwest Mountain Region, 1601 Lind Avenue SW., 
Renton, WA 98055-4056
Phone: 425 227-2133

RIN: 2120-AD34
_______________________________________________________________________




2250. 1-G STALLING SPEED AS A BASIS FOR COMPLIANCE WITH PART 25 OF THE 
FEDERAL AVIATION REGULATIONS

Priority:  Substantive, Nonsignificant

Legal Authority:  42 USC 4321; 49 USC 106(g); 49 USC 40113; 49 USC 
44701 to 44702; 49 USC 44704; 49 USC 44715

CFR Citation:  14 CFR 25; 14 CFR 36

Legal Deadline: None

Abstract: This action would amend the Federal Aviation Regulations to 
redefine the airplane reference stalling speed as the 1-g stalling 
speed in lieu of the minimum stalling speed. It would: (1) provide for 
a consistent, repeatable reference stalling speed; (2) ensure 
consistent and dependable maneuvering margins; (3) clarify the 
requirement for the use of 1-g stalling speeds in determining 
structural design speeds; (4) increase the head-on gust structural 
design requirement; and (5) provide for adjusted multiplying factors to 
maintain essentially equivalent requirements in areas where the use of 
minimum stalling speed has proven adequate. These changes are needed 
since the stalling characteristics of modern jet transports as 
determined by current methods can result in inconsistent reference 
stalling speeds. These changes may result in a higher level of safety 
where current methods have resulted in artificially low reference 
stalling speeds.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/18/96                     61 FR 1260
Correction                      02/26/96                     61 FR 7157
NPRM Comment Period End         05/17/96


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: Project Number: ANM-86-041R.
ANALYSIS: Regulatory Evaluation, 01/18/96, 61 FR 1260

Agency Contact: Don Stimson, Flight Test and Systems Branch, Aircraft 
Certification Service, Department of Transportation, Federal Aviation 
Administration, Northwest Mountain Region, 1601 Lind Avenue SW., 
Renton, WA 98055-4056
Phone: 425 227-1320

RIN: 2120-AD40
_______________________________________________________________________




2251. +COST OF SERVICES AND TRANSFER OF FEES TO PART 187 FROM PARTS 47, 
49, 61, 63, 65, AND 143

Priority:  Other Significant

Legal Authority:  49 USC 106(g); 49 USC 40104 to 40105; 49 USC 40109; 
49 USC 40113 to 40114; 49 USC 44101 to 44108; 49 USC 44110 to 44111; 49 
USC 44701; 49 USC 44702; 49 USC 44703 to 44704; 49 USC 44707; 49 USC 
44709 to 44711; 49 USC 44713; 49 USC 45102 to 45103; 49 USC 45106; 49 
USC 45301; ...

CFR Citation:  14 CFR 47; 14 CFR 49; 14 CFR 61; 14 CFR 63; 14 CFR 65; 
14 CFR 143; 14 CFR 187

Legal Deadline: None

Abstract: This action would assess reasonable charges for certain 
services provided by the FAA. The charges would be set at a level 
approximating the cost to the Government to provide these services and 
would be adjusted periodically as the cost of these services change or 
as prescribed in the Anti-Drug Abuse Act of 1988. The cost of providing 
services for aircraft registration and recording and replacement of 
airmen certificates is not being fully recouped in accordance with the 
changes reflected in the Consumer Price Index of All Urban Consumers, 
which was published by the Bureau of Labor Statistics of the Department 
of Labor, or as set by the Anti-Drug Abuse Act of 1988. This rulemaking 
would also consolidate all service fees by placing them in part 187 of 
the Federal Aviation Regulations. This rulemaking is considered 
significant because of substantial public interest.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: AFS-90-347R.

Agency Contact: Sharon Ashford, Registry Modernization Staff, 
Department of Transportation, Federal Aviation Administration, 6500 
South MacArthur Boulevard, Oklahoma City, OK 73125-4939
Phone: 405 954-7038

RIN: 2120-AD91
_______________________________________________________________________




2252. TYPE CERTIFICATES FOR SOME SURPLUS AIRCRAFT OF THE ARMED FORCES

Priority:  Substantive, Nonsignificant

Legal Authority:  42 USC 7572; 49 USC 106(g); 49 USC 40105; 49 USC 
40113; 49 USC 44701 to 44702; 49 USC 44707; 49 USC 44709; 49 USC 44711; 
49 USC 44713; 49 USC 44715; 49 USC 45303

CFR Citation:  14 CFR 21

Legal Deadline: None

Abstract: Following World War II, a substantial number of surplus 
military airplanes were offered for sale to the public in order to meet 
an increased demand for civilian-use aircraft not being met by the 
civil aircraft industry. The current regulation permits both type and 
airworthiness certification for surplus military aircraft based on the 
particular aircraft's safety record and condition. As military aircraft 
have become increasingly complex and sophisticated, that practice is no 
longer acceptable. This action would remove the regulations for issuing 
type certificates for these surplus aircraft and eliminate references 
to obsolete standards. Surplus military aircraft would still be 
certificated in the normal, utility, acrobatic, commuter, transport, 
and restricted categories upon compliance with the applicable 
regulations.

[[Page 21648]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/21/94                    59 FR 19114
NPRM Comment Period End         06/20/94
Reopening of Comment Period; 
Comment Period End 08/26/94     07/07/94                    59 FR 34779


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: None

Additional Information: Project Number: AIR-91-354R.
ANALYSIS: Regulatory Evaluation, 04/21/94, 59 FR 19114

Agency Contact: Brian Yanez, Policy and Procedures Branch, Aircraft 
Certification Service, Department of Transportation, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591
Phone: 202 267-6561

RIN: 2120-AE41
_______________________________________________________________________




2253. +AIRPORT NOISE COMPATIBILITY PLANNING

Priority:  Other Significant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 44715; 49 USC 
471-1; 49 USC 47501 to 47504

CFR Citation:  14 CFR 150

Legal Deadline: None

Abstract: This action would revise the requirements for developing 
noise exposure maps and noise compatibility programs and submitting 
them for FAA approval. The revisions are intended to expedite and 
simplify the part 150 process. Under the revised process, the mandatory 
set of noise abatement measures which are presently required to be 
considered by each airport sponsor would be limited in scope depending 
on the characteristics of each airport and its surrounding community. 
The new process would be supported by appropriate guidance, training, 
review, standardization, and consultation requirements. This project is 
considered significant because of substantial public interest.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Governmental Jurisdictions

Government Levels Affected: None

Additional Information: Project Number: AEE-90-410R.

Agency Contact: Alan V. Trickey, Policy and Regulations Division, 
Office of Environment and Energy, Department of Transportation, Federal 
Aviation Administration, 800 Independence Avenue SW., Washington, DC 
20591
Phone: 202 267-3496

RIN: 2120-AE64
_______________________________________________________________________




2254. +ANTI-DRUG AND ALCOHOL MISUSE PREVENTION PROGRAMS FOR EMPLOYEES OF 
FOREIGN AIR CARRIERS ENGAGED IN SPECIFIED AVIATION ACTIVITIES

Priority:  Other Significant

Legal Authority:  49 USC 106(g); 49 USC 40104 to 40105; 49 USC 40113; 
49 USC 40119; 49 USC 44101; 49 USC 44701 to 44702; 49 USC 44705; 49 USC 
44709 to 44711; 49 USC 44712; 49 USC 44713; 49 USC 44716 to 44717; 49 
USC 44722; 49 USC 44901; 49 USC 44902; 49 USC 44903

CFR Citation:  14 CFR 121; 14 CFR 129

Legal Deadline:
Final, Statutory, October 28, 1992.

Abstract: The Omnibus Transportation Employee Testing Act of 1991 
directs the FAA Administrator to prescribe regulations that require 
foreign air carriers to establish drug and alcohol testing programs for 
employees performing safety-sensitive aviation functions. These 
regulations must be consistent with the international obligations of 
the United States and take into consideration any applicable laws and 
regulations of foreign countries. Comments were invited on a variety of 
issues related to the application of drug and alcohol testing 
requirements to employees of foreign air carriers operating within the 
territory of the United States. This action was taken in lieu of a 
notice of proposed rulemaking to seek the public's view on a variety of 
issues and to obtain responses to questions that may arise in 
addressing drug and alcohol testing by foreign air carriers. This 
action is considered significant because of substantial public and 
congressional interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           12/15/92                    57 FR 59473
ANPRM Comment Period End        02/16/93
Extended ANPRM Comment Period; 
Comment Period End 4/1/93       02/18/93                     58 FR 8917


Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Additional Information: Project Number: AAM-93-173R

Agency Contact: Patrice M. Kelly, Drug Abatement Division, Office of 
Aviation Medicine, Department of Transportation, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591
Phone: 202 267-8442

RIN: 2120-AE79
_______________________________________________________________________




2255. +REVISION OF EMERGENCY EVACUATION DEMONSTRATION PROCEDURES TO 
IMPROVE PARTICIPANT SAFETY

Priority:  Other Significant

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 44701 to 44702; 
49 USC 44704

CFR Citation:  14 CFR 25; 49 CFR 1.47

Legal Deadline: None

Abstract: This action would amend part 25 of the FAR by revising 
Appendix J, Emergency Evacuation, to allow certain alternative 
procedures in conducting full-scale emergency evacuation demonstrations 
for transport category airplanes. This is in response to 
recommendations from the Aviation Rulemaking Advisory Committee. The 
changes, which are intended to make full-scale emergency evacuation 
demonstrations safer for participants and to codify existing practices, 
would also affect manufacturers and operators of transport category 
airplanes. This action is considered significant because

[[Page 21649]]

of substantial public interest and safety implications.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/18/95                    60 FR 36932
Correction                      08/25/95                    60 FR 44387
NPRM Comment Period End         10/16/95


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: Project Number: ANM-94-124A
ANALYSIS: Regulatory Evaluation, 07/18/95, 60 FR 36932

Agency Contact: Franklin Tiangsing, Regulations Branch, ANM-114, 
Aircraft Certification Service, Department of Transportation, Federal 
Aviation Administration, 1601 Lind Avenue SW., Renton, WA 98055-4056
Phone: 425 227-2121

RIN: 2120-AF21
_______________________________________________________________________




2256. +CONTROLLED REST ON THE FLIGHT DECK

Priority:  Other Significant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC 
44101; 49 USC 44701 to 44702; 49 USC 44705; 49 USC 44709 to 44711; 49 
USC 44713; 49 USC 44716 to 44717; 49 USC 44722; 49 USC 44901; 49 USC 
44903 to 44904; 49 USC 44912; 49 USC 46105

CFR Citation:  14 CFR 121

Legal Deadline: None

Abstract: This proposal would allow part 121 certificate holders who 
operate aircraft that require three flight crewmembers, two pilots and 
a flight engineer, to implement a controlled rest on the flight deck 
program. Under the program, when cockpit workload permits, one flight 
crewmember at a time would be given the opportunity to sleep for a 
brief period of time at his or her duty station during the cruise 
portion of a flight. Before using the controlled rest concept, however, 
the certificate holder would have to obtain approval for its program 
from the FAA. This proposal originated as a recommendation from the 
Aviation Rulemaking Advisory Committee and responds to industry 
interest in developing a controlled rest program that is approved by 
the FAA. This rulemaking is considered significant because of 
substantial public interest.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: AFS-92-764A

Agency Contact: James Gardner, Air Transportation Division, Department 
of Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591
Phone: 202 267-9579

RIN: 2120-AF54
_______________________________________________________________________




2257. REVISION OF HYDRAULICS SYSTEMS AIRWORTHINESS STANDARDS TO 
HARMONIZE WITH EUROPEAN AIRWORTHINESS STANDARDS FOR TRANSPORT CATEGORY 
AIRPLANES

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 44701 to 44702; 
49 USC 44704

CFR Citation:  14 CFR 25

Legal Deadline: None

Abstract: This notice proposes to amend the airworthiness standards for 
transport category airplanes to harmonize hydraulic systems design and 
test requirements with standards proposed for the European Joint 
Aviation Requirements. These proposals were developed in cooperation 
with the Joint Aviation Authorities of Europe and the US and European 
aviation industries through the Aviation Rulemaking Advisory Committee 
(ARAC). These changes are intended to benefit the public interest by 
standardizing certain requirements, concepts, and procedures contained 
in the airworthiness standards without reducing and potentially 
enhancing the current level of safety.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/03/96                    61 FR 35056
Correction                      07/29/96                    61 FR 39515
Correction                      08/12/96                    61 FR 41924
NPRM Comment Period End         10/01/96


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: ANM-97-374A. This action is in 
response to an Aviation Rulemaking Advisory Committee recommendation.
ANALYSIS: Regulatory Evaluation, 07/03/96, 61 FR 35056

Agency Contact: Manhidner Wahi, Transport Airplane Directorate, 
Aircraft Certification Service, Department of Transportation, Federal 
Aviation Administration, 1601 Lind Avenue SW., Renton, WA 98055-4056
Phone: 425 227-2142
Fax: 206 227-1320

RIN: 2120-AF79
_______________________________________________________________________




2258. BIRD STRIKE

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 44701 to 44702; 
49 USC 44704

CFR Citation:  14 CFR 25

Legal Deadline: None

Abstract: This action proposes to revise the bird strike requirements 
of part 25 of the Federal Aviation Regulations. These changes are 
intended to harmonize the bird strike requirement of the FAR and the 
Joint Aviation Requirements. The proposed changes would revise sections 
25.631, 25.571(e), and 25.775(b).

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: ANM-93-762A. This is an 
Aviation Rulemaking Advisory Committee project.

Agency Contact: Bill Perrella, Transport Airplane Directorate, Aircraft 
Certification Service, Department of Transportation, Federal Aviation 
Administration, 1601 Lind Avenue SW., Renton, WA 98055-4056

[[Page 21650]]

Phone: 425 227-2116

RIN: 2120-AF80
_______________________________________________________________________




2259. BIRD INGESTION STANDARDS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 44701 to 44702; 
49 USC 44704

CFR Citation:  14 CFR 33

Legal Deadline: None

Abstract: This action proposes changes to amend the type certification 
standards for aircraft turbine engines that concern bird ingestion. 
This proposal updates the current bird ingestion standards to reflect 
recent analysis defining the actual bird threat encountered by turbine 
engines. This proposal also harmonizes the FAA's type certification 
standards on this issue with requirements being drafted by the Joint 
Aviation Authorities (JAA). The proposed changes, if adopted, would 
establish one set of common requirements, and thereby reduce the 
regulatory hardship on the aviation industry by eliminating the need 
for manufacturers to comply with different sets of standards when 
seeking type certification from the FAA and validation from the JAA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/11/98                    63 FR 68636
NPRM Comment Period End         03/11/99


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: ANE-97-476A. This is an 
Aviation Rulemaking Advisory Committee project.
ANALYSIS: Regulatory Evaluation, 12/11/98, 63 FR 68636

Agency Contact: John Golinski, Engine and Propeller Directorate, 
Department of Transportation, Federal Aviation Administration, 12 New 
England Executive Park, Burlington, MA 01803-5299
Phone: 781 238-7119

RIN: 2120-AF84
_______________________________________________________________________




2260. +NOISE LIMITATIONS FOR AIRCRAFT OPERATIONS IN THE VICINITY OF 
GRAND CANYON NATIONAL PARK

Priority:  Other Significant

Legal Authority:  49 USC 106(g); 49 USC 40103; 49 USC 40106; 49 USC 
40109; 49 USC 40113; 49 USC 44502; 49 USC 44514; 49 USC 44701; 49 USC 
44719; 49 USC 46301

CFR Citation:  14 CFR 93

Legal Deadline: None

Abstract: This rulemaking will establish noise limitations for certain 
aircraft operated in the vicinity of Grand Canyon National Park. This 
action is one part of an overall strategy to reduce further the impact 
of aircraft noise on the park environment and to assist the National 
Park Service (NPS) in achieving its statutory mandate imposed by Public 
Law 100-91 to provide for the substantial restoration of natural quiet 
and experience in Grand Canyon National Park. The supplemental 
amendment removes two sections from the December 31, 1996, notice of 
proposed rulemaking (NPRM) that proposed to establish a corridor 
through the National Canyon area as an incentive route for quiet 
technology aircraft. The FAA and NPS have determined not to proceed 
with an air tour route in the vicinity of National Canyon and are 
presently considering alternatives to this route. This rulemaking is 
significant because of substantial public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/31/96                    61 FR 69334
NPRM Comment Period End         03/31/97
Supplemental Amendment          07/15/98                    63 FR 38232


Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Additional Information: A final rule, which was published on 12/31/96 
(61 FR 69302), establishes new operating restrictions at Grand Canyon 
National Park. See RIN 2120-AF93 published elsewhere in this Agenda.
ANALYSIS: Regulatory Evaluation, 12/31/96, 61 FR 69334

Agency Contact: Thomas L. Connor, Office of Environmental and Energy, 
Department of Transportation, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591
Phone: 202 267-8933

RIN: 2120-AG34
_______________________________________________________________________




2261. +REVISED STANDARDS FOR CARGO OR BAGGAGE COMPARTMENTS IN TRANSPORT 
CATEGORY AIRPLANES

Priority:  Other Significant

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 44701 to 44702; 
49 USC 44704; 49 USC 44705; 49 USC 44711 to 44713; 49 USC 44715 to 
44717

CFR Citation:  14 CFR 25; 14 CFR 121; 14 CFR 135

Legal Deadline: None

Abstract: This action upgrades the fire safety standards for cargo or 
baggage compartments in certain transport category airplanes by 
eliminating Class D compartments altogether. Compartments that could no 
longer be designated as Class D would have to meet the standards for 
Class C or Class E compartments, as applicable. Certain other transport 
category airplanes that would not have to meet these new standards for 
type certification would have to meet them for use in air carrier, 
commuter, on-demand, or commercial service. These improved standards 
are needed to increase protection from possible in-flight fires. This 
rulemaking is considered significant because of the safety 
implications.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/13/97                    62 FR 32412
NPRM Comment Period End         09/11/97
Final Rule Request for Comments 02/17/98                     63 FR 8032
Final Rule Effective            03/19/98
Final Rule Comment Period End   06/17/98


Next Action Undetermined

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: ANM-97-009R

[[Page 21651]]

ANALYSIS: Regulatory Evaluation, 06/13/97, 62 FR 32412, Regulatory 
Evaluation, 02/17/98, 63 FR 8032

Agency Contact: Charles Huber, Aircraft Certification Service, 
Department of Transportation, Federal Aviation Administration, 1601 
Lind Avenue, Renton, WA 98055-4056
Phone: 206 227-2114

RIN: 2120-AG42
_______________________________________________________________________




2262. +CHILD RESTRAINT SYSTEMS

Priority:  Other Significant

Legal Authority:  49 USC 106(g); 49 USC 40103; 49 USC 40113; 49 USC 
40120; 49 USC 44101; 49 USC 44111; 49 USC 44701; 49 USC 44709; 49 USC 
44711; 49 USC 44712; 49 USC 44715 to 44718; 49 USC 44722; 49 USC 46306; 
49 USC 46315; 49 USC 46502; ...

CFR Citation:  14 CFR 91; 14 CFR 121; 14 CFR 125; 14 CFR 135

Legal Deadline: None

Abstract: This action sought public comment on issues relating to the 
use of child restraint systems in aircraft during all phases of flight 
(i.e., taxi, takeoff, landing, or any other time the seat belt sign is 
illuminated). Specifically, the agency sought information about 
existing child restraint systems, the development of new and improved 
child restraint systems, the ease with which existing or new child 
restraint systems can be used, and the effectiveness of changing the 
current child restraint system regulations. The advance notice gathered 
information in response to a recommendation made by the White House 
Commission on Aviation Safety and Security (Gore Commission). 
Approximately 130 comments were received on the ANPRM. This information 
is needed so that the FAA can determine the best way to ensure the 
safety of children while on board aircraft. After such a determination 
is made, the FAA may issue a Notice of Proposed Rulemaking with 
specific regulatory proposals that respond to the Commission's 
recommendations regarding the use of child restraint systems. This 
action is considered significant because of safety implications.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           02/18/98                     63 FR 8324
ANPRM Comment Period End        06/18/98


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: Undetermined

Additional Information: Project Number: AFS-97-261R

Agency Contact: Donell Pollard, Air Transportation Division, Department 
of Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591
Phone: 202 267-3735

RIN: 2120-AG43
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                    Completed Actions


Federal Aviation Administration (FAA)



_______________________________________________________________________




2263. CINCINNATI, OH, CLASS B AIRSPACE

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40101; 49 USC 40103; 49 USC 
40105; 49 USC 40109; 49 USC 40113; 49 USC 44110; 49 USC 44502; 49 USC 
44701 to 44702; 49 USC 44711; 49 USC 46102

CFR Citation:  14 CFR 11

Legal Deadline: None

Abstract: This action alters the Cincinnati, OH, Terminal Control Area 
(TCA) to redefine the airspace around the Cincinnati/Northern Kentucky 
International Airport. The objective of this rule is to substantially 
increase safety while accommodating the legitimate concerns of airspace 
users.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/10/98                     63 FR 6818
NPRM Comment Period End         04/13/98
Reopening of NPRM Comment 
Period; Comment Period End 7/14/
98                              05/15/98                    63 FR 27160
Final Action                    11/30/98                    63 FR 65972
Final Action Effective          12/31/98

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: Project Number: ATP-93-476T

Agency Contact: Patricia Crawford, Airspace and Obstruction Evaluation 
Branch, Airspace Rules & Aeronautical Info Division, Department of 
Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591
Phone: 202 267-9255

RIN: 2120-AE97
_______________________________________________________________________




2264. REVISION OF GATE REQUIREMENTS FOR HIGH-LIFT DEVICE CONTROLS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 44701 to 44702; 
49 USC 44704

CFR Citation:  14 CFR 25

Legal Deadline: None

Abstract: This rulemaking revises the requirements concerning gated 
positions on the control used by the pilot to select the position of an 
airplane's high-lift devices. It updates the current standards to take 
into account the multiple configurations of the high-lift devices 
provided on current airplanes to perform landings and go-around 
maneuvers. This rulemaking also harmonizes these standards with those 
being proposed for the European Joint Aviation Requirements (JAR).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/09/97                    62 FR 31482
Correction                      07/10/97                    62 FR 37124

[[Page 21652]]

NPRM Comment Period End         09/08/97
Final Action                    02/08/99                     64 FR 6160
Final Action Effective          03/10/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: Project Number: ANM-96-284A. This action is in 
response to an Aviation Rulemaking Advisory Committee recommendation.
ANALYSIS: Regulatory Evaluation, 06/09/97, 62 FR 31482, Regulatory 
Evaluation, 64 FR 6160

Agency Contact: Don Stimson, Transport Airplane Directorate, Aircraft 
Certification Service, Department of Transportation, Federal Aviation 
Administration, 1601 Lind Avenue SW., Renton, WA 98055-4056
Phone: 425 227-1129

RIN: 2120-AF82
_______________________________________________________________________




2265. +POLICY AND PROCEDURES CONCERNING THE USE OF AIRPORT REVENUE

Priority:  Other Significant

Legal Authority:  49 USC 47107

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: This document announces the final publication of the Federal 
Aviation Administration policy on the use of airport revenue and 
maintenance of a self-sustaining rate structure by Federally-assisted 
airports. This statement of policy discusses in detail the requirement 
that revenue at public airports that have received Federal grants 
generally be used only for airport purposes. A statement of policy is 
required by the Federal Aviation Administration Authorization Act of 
1994. The FAA is issuing a proposed policy and requesting public 
comment because of substantial public and industry interest in the 
subject matter.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Proposed Policy: 
Comment Period End 04/26/96     02/26/96                     61 FR 7134
Final Policy Effective          02/16/99
Final Policy                    02/16/99                     64 FR 7696

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Barry Molar, Manager, Airport Compliance Division, 
Department of Transportation, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591
Phone: 202 267-3446

RIN: 2120-AG01
_______________________________________________________________________




2266. HARMONIZATION OF MISCELLANEOUS ROTORCRAFT REGULATIONS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 44701 to 44702; 
49 USC 44704

CFR Citation:  14 CFR 27; 14 CFR 29

Legal Deadline: None

Abstract: The rule makes changes to the type certification requirements 
for both normal and transport category rotorcraft to increase the 
regulatory safety level and standardize terminology. These changes to 
14 CFR parts 27 and 29 are harmonized with the European Joint Aviation 
Requirements (JAR).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/09/97                    62 FR 31476
Correction                      06/30/97                    62 FR 35247
NPRM Comment Period End         09/08/97
Final Action                    08/12/98                    63 FR 43282
Final Action Effective          09/11/98

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: ASW-97-031A.
ANALYSIS: Regulatory Evaluation, 06/09/97, 62 FR 31476, Regulatory 
Evaluation, 08/12/98, 63 FR 43282

Agency Contact: Carroll Wright, Aircraft Certification Service, 
Department of Transportation, Federal Aviation Administration, 2601 
Meacham Drive, Fort Worth, TX 76137
Phone: 817 222-5120

RIN: 2120-AG23
_______________________________________________________________________




2267. +EMPLOYMENT HISTORY, VERIFICATION AND CRIMINAL HISTORY RECORDS 
CHECK

Priority:  Other Significant

Legal Authority:  49 USC 106(g); 49 USC 5103; 49 USC 40113; 49 USC 
40119; 49 USC 44701 to 44702; 49 USC 44705; 49 USC 44901 to 44905; 49 
USC 44907; 49 USC 44912; 49 USC 44912; 49 USC 44913 to 44914; 49 USC 
44932; 49 USC 44935 to 44936; 49 USC 46105

CFR Citation:  14 CFR 107; 14 CFR 108

Legal Deadline: None

Abstract: This rule requires an employment background investigation for 
persons who screen passengers and cargo in airports. The employment 
background investigation includes a fingerprint-based criminal history 
record check in certain cases, for unescorted access privileges to 
security areas at airports. The purpose of this rule is to help ensure 
the integrity and safety of the airport environment. This rulemaking is 
considered significant because of substantial public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/19/97                    62 FR 13262
Correction                      04/08/97                    62 FR 16892
NPRM Comment Period End         05/19/97
Final Action                    09/24/98                    63 FR 51204
Correction                      10/26/98                    63 FR 57161
Correction                      11/04/98                    63 FR 64267
Correction                      11/09/98                    63 FR 60448
Final Action Effective          11/23/98

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: ACP-96-557R.
ANALYSIS: Regulatory Evaluation, 03/19/97, 62 FR 13262

Agency Contact: Linda Valencia, Office of Civil Aviation Security 
Policy and Planning, Department of Transportation, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591
Phone: 202 267-7158

RIN: 2120-AG32


_______________________________________________________________________



[[Page 21653]]

2268. SPECIAL FEDERAL AVIATION REGULATION NO. 36, DEVELOPMENT OF MAJOR 
REPAIR DATA

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC 
44101; 49 USC 44701 to 44702; 49 USC 44705; 49 USC 44709 to 44711; 49 
USC 44713; 49 USC 44716 to 44717; 49 USC 44722; 49 USC 44901; 49 USC 
44903 to 44904; 49 USC 44912; 49 USC 46105

CFR Citation:  14 CFR 121

Legal Deadline: None

Abstract: This rule amends and extends Special Federal Aviation 
Regulation (SFAR) No. 36, which expires January 23, 1999. The SFAR 
allows certificated domestic repair stations, air carriers, air taxi 
operators of large aircraft, and commercial operators of large aircraft 
that have the authority to return products to service to accomplish 
major repairs using self-developed repair data that have not been 
specially approved by the FAA. These amendments clarify conditions 
under which the SFAR authorization can be used. Extension of the 
regulation continues to provide, for those who qualify, an alternative 
from the requirement to obtain additional time for the FAA to 
incorporate the SFAR provisions into the regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/02/98                    63 FR 59192
NPRM Comment Period End         12/02/98
Final Action                    01/06/99                      64 FR 958
Final Action Effective          01/23/99
Correction                      01/26/99                     64 FR 3836

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Project Number: AIR-98-347R.
ANALYSIS: Regulatory Evaluation, 01/06/99, 64 FR 958

Agency Contact: Carol Martineau, Office of Aircraft Certification 
Service, Department of Transportation, Federal Aviation Administration, 
800 Independence Avenue SW., Washington, DC 20591
Phone: 202 267-9568

RIN: 2120-AG64
_______________________________________________________________________




2269.  EMISSION STANDARDS FOR TURBINE ENGINE POWERED AIRPLANES

Priority:  Substantive, Nonsignificant

Legal Authority:  42 USC 4321 et seq 7572; 49 USC 106(g); 49 USC 40113; 
49 USC 44701 to 44702; 49 USC 44704; 49 USC 44714

CFR Citation:  14 CFR 34

Legal Deadline: None

Abstract: This action incorporates the current standards of the 
International Civil Aviation Organization (ICAO) for gaseous emissions 
of oxides of nitrogen (Nox) and carbon monoxide (CO), and the adoption 
of revised test procedures for gaseous emissions. This rule will bring 
the United States emissions standards into alignment with the standards 
of ICAO. Because this rule is consistent with international standards, 
an emission certification test that meets U.S. requirements will meet 
ICAO requirements.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    02/03/99                     64 FR 5556
Final Action Effective          02/03/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: Project Number: AEE-98-124R.
ANALYSIS: Regulatory Evaluation, 02/03/99, 64 FR 5555

Agency Contact: Edward McQueen, Research and Engineering Branch, Office 
of Environment and Energy, Department of Transportation, Federal 
Aviation Administration, 800 Independence Avenue SW., Washington, DC 
20591
Phone: 202 267-3560

RIN: 2120-AG68
_______________________________________________________________________




2270.  SPECIAL FLIGHT RULES IN THE VICINITY OF THE GRAND CANYON 
NATIONAL PARK

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40113; 49 USC 40120; 49 USC 
44101; 49 USC 44111; 49 USC 44701; 49 USC 44709; 49 USC 44722; 49 USC 
44715; 49 USC 44716; 49 USC 44717; 49 USC 44722; 49 USC 46306; 49 USC 
46316; 49 USC 46502; ...

CFR Citation:  14 CFR 91; 14 CFR 93; 14 CFR 121; 14 CFR 135

Legal Deadline: None

Abstract: This final rule delays the effective date for 14 CFR 93.301, 
93.305, and 93.307 of a final rule that was published December 31, 
l996. Additionally, this action amends the expiration date of those 
portions of Special Federal Aviation Regulation 50-2 that were 
reinstated in the December 1996 rule. The new effective date for the 
December 31, 1996, final rule is January 31, 2000.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/07/98                    63 FR 67544
NPRM Comment Period End         01/06/99
FInal Action Effective          01/29/99
Final Action                    02/03/99                     64 FR 5152

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: The referenced final rule in the abstract 
paragraph refers to RIN 2120-AF93, which was a completed action in the 
October 1998 Semi-Annual Agenda.

Agency Contact: Ellen Crum, Office of Air Traffic Airspace Management, 
Department of Transportation, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591
Phone: 202 267-8783

RIN: 2120-AG69
_______________________________________________________________________




2271.  CREWMEMBER INTERFERENCE, PORTABLE ELECTRONIC DEVICES AND 
OTHER PASSENGER RELATED REQUIREMENTS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 106(g); 49 USC 40103; 49 USC 40113; 49 USC 
40120; 49 USC 44101; 49 USC 44111; 49 USC 44701; 49 USC 44709; 49 USC 
44711; 49 USC 44712; 49 USC 44715 to 44718; 49 USC 44722; 49 USC 46306; 
49 USC 46315; 49 USC 46512; ...

CFR Citation:  14 CFR 91; 14 CFR 121; 14 CFR 125; 14 CFR 135

Legal Deadline: None

Abstract: This action adopts certain technical amendments to the

[[Page 21654]]

applicability provisions of parts 91, 121, 125, and 135 to clarify that 
certain provisions contained in these parts apply to persons on board 
aircraft operating under these parts. The provisions affected by these 
amendments concern portable electronic devices, use of safety belts, 
shoulder harnesses and child restraint systems, prohibition on 
interference with crewmembers, and certain other provisions. This final 
rule makes clear that these provisions apply as follows: to all 
aircraft, unless otherwise specified, when those aircraft are operating 
within the U.S. or within the airspace over the waters extending 12 
nautical miles from the U.S. coastline; and on all U.S. registered 
aircraft operating outside of the U.S., so long as the application of 
these rules is not inconsistent with applicable regulations of the 
foreign country where the aircraft is operated or annex 2 of the 
Convention on International Civil Aviation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule Effective            01/07/99
Final Rule; Technical Amendment 01/07/99                     64 FR 1076
Correction                      02/12/99                     64 FR 7066

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Carol Toft, Attorney, Office of the Chief Counsel, 
Department of Transportation, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591
Phone: 202 267-3073

RIN: 2120-AG70
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                        Prerule Stage


Federal Highway Administration (FHWA)



_______________________________________________________________________




2272. +ADVANCED TECHNOLOGY IN COMMERCIAL MOTOR VEHICLE OPERATIONS 
(SECTION 610 REVIEW)

Priority:  Other Significant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 31136; 49 USC 31502

CFR Citation:  49 CFR 395

Legal Deadline: None

Abstract: Current Federal Motor Carrier Safety Regulations limit the 
hours of service of commercial motor vehicle (CMV) drivers in order to 
reduce fatigue-related accidents. These regulations include substantial 
recordkeeping requirements to monitor drivers' hours of service. The 
Federal Highway Administration (FHWA) is considering ways to reduce the 
recordkeeping burden while maintaining or improving safety. The FHWA 
will focus on ways to reduce burdens on small entities. As part of this 
action, a small entities review under 5 USC section 610 will be 
included. This rulemaking is significant because of the broad industry 
impacts.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice: Request for Information 09/07/95                    60 FR 46682
Comment Period End              11/06/95
Study To Be Completed           04/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Neill L. Thomas, Chief, Vehicle and Operations, 
Department of Transportation, Federal Highway Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-4009

RIN: 2125-AD65
_______________________________________________________________________




2273. MITIGATION OF IMPACTS TO WETLANDS

Priority:  Info./Admin./Other

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  42 USC 4321; 23 USC 109(h); 23 USC 138; 23 USC 
315(i); 23 USC 133(b); EO 11990

CFR Citation:  23 CFR 777; 49 CFR 1.48(b)

Legal Deadline: None

Abstract: The FHWA is further supplementing its June 17, 1996, notice 
of proposed rulemaking (NPRM), Mitigation of Impacts to Wetlands, and 
June 18, 1997, supplemental notice of proposed rulemaking (SNPRM) on 
the same subject. The recently enacted Transportation Equity Act for 
the 21st Century (TEA-21) (Pub. L. 105-178, 112 Stat. 107) added the 
term ``natural habitat'' to those provisions of title 23 , United 
States Code (U.S.C.), making wetlands mitigation banking efforts 
eligible for National Highway System (NHS) and Surface Transportation 
Program (STP) funds. This second SNPRM would update the FHWA's wetlands 
regulation to make it consistent with the authority established in TEA-
21 by including mitigation of impacts to natural habitat, as well as 
wetlands within the scope of the regulation, specifying that it applies 
to all projects funded pursuant to the provisions of title 23, U.S.C. 
This SNPRM would also include a provision requiring that existing 
mitigation banks be used to provide mitigation for these highway 
impacts to wetlands and natural habitat when they are available and 
practicable.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/17/96                    61 FR 30553
NPRM Comment Period End         08/16/96
SNPRM                           06/18/97                    62 FR 33047
SNPRM Comment Period End        08/18/97
Second SNPRM                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: Additional authority DOT Order 5660.1A

Agency Contact: Paul Garrett, Water and Ecosystems Team, Department of 
Transportation, Federal Highway

[[Page 21655]]

Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 303 969-5772
Fax: 303 969-6727
Email: [email protected]

RIN: 2125-AD78
_______________________________________________________________________




2274. +GENERAL REQUIREMENTS; INSPECTION, REPAIR, AND MAINTENANCE; 
INTERMODAL CONTAINER CHASSIS AND TRAILERS

Priority:  Other Significant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority:  49 USC 504; 49 USC 31133; 49 USC 31136; 49 USC 31502

CFR Citation:  49 CFR 1.48; 49 CFR 390; 49 CFR 396

Legal Deadline: None

Abstract: In response to a petition for rulemaking filed by the 
American Trucking Association, Inc. (ATA) and the ATA Intermodal 
Conference (the petitioners), the FHWA agreed to consider revisions to 
the requirements in parts 390 and 396 of the Federal Motor Carrier 
Safety regulations (FMCSRs) that place upon motor carriers the 
responsibility for maintaining intermodal container chassis and 
trailers. These regulations provide the requirements for the 
inspection, repair and maintenance of commercial motor vehicles. This 
action is considered significant because of substantial public 
interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           02/17/99                     64 FR 7849
ANPRM Comment Period End        04/19/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Richard H. Singer, Mechanical Engineer, Department of 
Transportation, Federal Highway Administration, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-4009

RIN: 2125-AE40
_______________________________________________________________________




2275.  +FEDERAL LANDS HIGHWAY PROGRAM; TRANSPORTATION PLANNING 
PROCEDURES AND MANAGEMENT SYSTEMS PERTAINING TO THE NATIONAL PARK 
SERVICE, INCLUDING THE PARK ROADS AND PARKWAYS PROGRAM

Priority:  Other Significant

Legal Authority:  23 USC 134; 23 USC 135; 23 USC 204; 23 USC 315; PL 
105-178

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: The FHWA was delegated the authority to serve as the lead 
agency to develop transportation planning procedures pertaining to the 
National Park Service, the Forest Service, the Fish and Wildlife 
Service and the Bureau of Indian Affairs that are consistent with the 
metropolitan and statewide transportation planning processes. It is 
also given the authority to develop safety, bridge pavement, and 
congestion management systems for roads funded under the Federal lands 
highways program. The roads funded under the FLHP include park roads 
and parkways, forest highways, refuge roads and Indian reservation 
roads.
In four related ANPRMs, the FHWA will seek public comment concerning 
these matters. Specifically in this ANPRM, the FHWA invites comment on 
an approach to implementing section 1115(d) under which the FHWA's 
Federal lands Highway, in consultation with the National Park Service 
(NPS) would develop a rule to meet the transportation planning and 
management systems requirements for the NPS including park roads and 
parkways program. Each of the ANPRMs is designated as significant under 
E.O. 12866 and the DOT regulatory policies and procedures because of 
the high level of interagency interest in the notices and involved 
programs.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Paul Schneider, Federal Lands Highway Office, 
Department of Transportation, Federal Highway Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-6799

RIN: 2125-AE52
_______________________________________________________________________




2276.  +FEDERAL LANDS HIGHWAY PROGRAM; TRANSPORTATION PLANNING 
PROCEDURES AND MANAGEMENT SYSTEMS PERTAINING TO THE BUREAU OF INDIAN 
AFFAIRS, INCLUDING THE INDIAN RESERVATIONS ROAD PROGRAM

Priority:  Other Significant

Legal Authority:  23 USC 134; 23 USC 135; 23 USC 204; 23 USC 315; PL 
105-178

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: The FHWA was delegated the authority to serve as the lead 
agency to develop transportation planning procedures pertaining to the 
National Park Service, the Forest Service, the Fish and Wildlife 
Service and the Bureau of Indian Affairs that are consistent with the 
metropolitan and statewide transportation planning processes. FHWA is 
also given the authority to develop safety, bridge pavement, and 
congestion management systems for roads funded under the Federal lands 
highways program. The roads funded under the FLHP include park roads 
and parkways, forest highways, refuge roads and Indian reservation 
roads.
In four related ANPRMs, the FHWA will seek public comment concerning 
these matters. Specifically, In this ANPRM, the FHWA invites comment on 
an approach to implementing section 1115(d) under which the FHWA's 
Federal Lands Highway, in consultation with the Bureau of Indian 
Affairs (BIA), would develop a rule to meet the transportation planning 
and management system requirements for the BIA, including the Indian 
reservations road program. Each of the ANPRMs is designated as 
significant under E.O. 12866 and the DOT regulatory policies and 
procedures because of the high level of interagency interest in the 
notices and involved programs.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           04/00/99

[[Page 21656]]

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Paul Schneider, Federal Lands Highway Office, 
Department of Transportation, Federal Highway Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-6799

RIN: 2125-AE53
_______________________________________________________________________




2277.  +FEDERAL LANDS HIGHWAY PROGRAM; TRANSPORTATION PLANNING 
PROCEDURES AND MANAGEMENT SYSTEMS PERTAINING TO THE FISH AND WILDLIFE 
SERVICE, INCLUDING THE REFUGE ROADS PROGRAM

Priority:  Other Significant

Legal Authority:  23 USC 134; 23 USC 135; 23 USC 204; 23 USC 315; PL 
105-178

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: The FHWA was delegated the authority to serve as the lead 
agency to develop transportation planning procedures pertaining to the 
National Park Service, the Forest Service, the Fish and Wildlife 
Service and the Bureau of Indian Affairs that are consistent with the 
metropolitan and statewide transportation planning processes. The FHWA 
is also required to develop safety, bridge pavement, and congestion 
management systems for roads funded under the Federal lands highways 
program. The roads funded under the FLHP include park roads and 
parkways, forest highways, refuge roads and Indian reservation roads.
In four related ANPRMs, the FHWA will seek public comment concerning 
these matters. Specifically, in this ANPRM, the FHWA invites comment on 
an approach to implementing section 1115(d) under which the FHWA's 
Federal Lands Highway, in consultation with the Fish and Wildlife 
Service (FWS), would develop a rule to meet the transportation planning 
and management systems requirement for the FWS, including refuge roads. 
Each of the ANPRMs is designated as significant under E.O. 12866 and 
the DOT regulatory policies and procedures because of the high level of 
interagency interest in the notices and involved programs.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Paul Schneider, Federal Lands Highway Office, 
Department of Transportation, Federal Highway Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-6799

RIN: 2125-AE54
_______________________________________________________________________




2278.  +FEDERAL LANDS HIGHWAY PROGRAM; TRANSPORTATION PLANNING 
PROCEDURES AND MANAGEMENT SYSTEMS PERTAINING TO THE FOREST SERVICE, 
INCLUDING THE FOREST HIGHWAYS PROGRAM

Priority:  Other Significant

Legal Authority:  23 USC 134; 23 USC 135; 23 USC 204; 23 USC 315; PL 
105-178

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: The FHWA was delegated the authority to serve as the lead 
agency to develop transportation planning procedures pertaining to the 
National Park Service, the Forest Service, the Fish and Wildlife 
Service and the Bureau of Indian Affairs that are consistent with the 
metropolitan and statewide transportation planning processes. The FHWA 
is also required to develop safety, bridge pavement, and congestion 
management systems for roads funded under the Federal lands highways 
program. The roads funded under the FLHP include park roads and 
parkways, forest highways, refuge roads and Indian reservation roads.
In four related ANPRMs, the FHWA will seek public comment concerning 
these matters. Specifically in this ANPRM, the FHWA invites comment on 
an approach to implementing section 1115(d) under which the FHWA's 
Federal Lands Highway, in consultation with the Forest Service (FS), 
would develop a rule to meet the transportation planning and management 
systems requirements for the FS, including the forest highway program. 
Each of the ANPRMs is designated as significant under E.O. 12866 and 
the DOT regulatory policies and procedures because of the high level of 
interagency interest in the notices and involved programs.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Paul Schneider, Federal Lands Highway Office, 
Department of Transportation, Federal Highway Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-6799

RIN: 2125-AE55
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                  Proposed Rule Stage


Federal Highway Administration (FHWA)



_______________________________________________________________________




2279. ACQUISITION OF REAL PROPERTY FOR RIGHTS-OF-WAY

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  23 USC 315; PL 100-17, sec 126; PL 100-17, sec 146; 
42 USC 4601 et seq

CFR Citation:  23 CFR 172; 23 CFR 710; 23 CFR 712; 23 CFR 713; 23 CFR 
720; 23 CFR 740; 23 CFR 620; 23 CFR 635; 23 CFR 645

Legal Deadline: None

Abstract: The Federal Highway Administration (FHWA) is proposing to 
revise and consolidate several right-of-way regulations to improve the

[[Page 21657]]

organization of the subject matter and update the content. This action 
will also implement the Right-of-Way portions of Sections 1301 and 1303 
of TEA-21.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           11/06/95                    60 FR 56004
ANPRM Comment Period End        01/05/96
Interim Final Rule              04/25/96                    61 FR 18246
Interim Final Rule Effective    05/28/96
NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: State, Local

Additional Information: Two related rulemaking actions are: (1) a 
proposed rule entitled ``Right-of-Way'' which appeared in a prior 
Agenda under RIN 2125-AB58 and (2) a proposed rule entitled ``Property 
Management; Disposals and Airspace'' which appeared in a prior Agenda 
under RIN 2125-AB60. Those entries have been consolidated into this 
rulemaking. The FHWA has determined that several right-of-way 
regulations are duplicated or otherwise covered elsewhere in DOT 
regulations. Accordingly, the FHWA has decided to remove these 
provisions from its regulations. RIN 2125-AD87 was completed and 
changes contemplated in that rulemaking were consolidated into the 
interim final rule published under this RIN.
ANALYSIS: Regulatory Evaluation

Agency Contact: James E. Ware, Realty Specialist, Office of Real Estate 
Services, Department of Transportation, Federal Highway Administration, 
400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2019

RIN: 2125-AC17
_______________________________________________________________________




2280. COMMERCIAL LEARNER PERMITS AND CDL EFFECTIVENESS

Priority:  Substantive, Nonsignificant

Legal Authority:  PL 99-570; 49 USC 3102; 49 USC 31136

CFR Citation:  49 CFR 383; 49 CFR 384; 49 CFR 386; 49 CFR 395; 49 CFR 
1.48

Legal Deadline: None

Abstract: The FHWA has reviewed the effectiveness and efficiency of the 
requirements in the Commercial Driver's License (CDL) program. Areas 
that may be addressed further include: (a) minimum licensing and 
information system standards for drivers learning to operate a 
commercial motor vehicle; and (b) increased flexibility in locations 
where drivers may obtain training and the final CDL. Other general 
issues under review include treatment of various types of violations 
(i.e. railroad grade crossings, serious traffic offenses, etc.), 
defining terms, responsibilities when hiring new drivers, and 
processing information related to CDL convictions. Finally, there are 
issues specifically pertaining to the States under review, such as: (a) 
flexibility in States sharing test results to assist new drivers in the 
licensing process; (b) requirements for notification of the licensing 
State when a driver is convicted; (c) appropriate measures to be taken 
when a driver is found to be unqualified or disqualified according to 
Federal standards; and (d) adding a provision for enforcement of 
violations of an out-of-service order to State responsibilities in 49 
CFR 384.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/22/90                    55 FR 34478
NPRM Comment Period End         10/22/90
NPRM Comment Period Extended to 
11/30/90                        10/23/90                    55 FR 42741
SNPRM                           04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: None

Additional Information: Because other regulatory changes have been made 
since the NPRM was published in 1990, the FHWA intends to issue a 
supplemental NPRM to solicit comments on including additional 
requirements consistent with changes in the CDL program.
ANALYSIS: Regulatory Evaluation, 08/22/90, 55 FR 34478

Agency Contact: David Goettee, Transportation Specialist, Department of 
Transportation, Federal Highway Administration, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-4001

RIN: 2125-AC54
_______________________________________________________________________




2281. CERTIFICATION OF SIZE AND WEIGHT ENFORCEMENT

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  23 USC 127; 23 USC 141; 23 USC 315

CFR Citation:  23 CFR 657

Legal Deadline: None

Abstract: The FHWA has resumed consideration of changes in the guidance 
provided to state agencies for preparing the annual size and weight 
enforcement plans and certifications. Previous efforts in this area 
were suspended by the agency in 1994 as a result of a commitment by the 
Federal Highway Administrator to Congress in June 1994 to conduct a 
comprehensive study of all aspects of the truck size and weight issue. 
That study is nearly completed. Accordingly, public comment is again 
requested on the type of information and data that should be submitted 
by the states in support of their annual certification of enforcement, 
and how the FHWA should use the information.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           12/16/93                    58 FR 65830
ANPRM Comment Period Extended to 
05/18/94                        03/15/94                    59 FR 11956
ANPRM Comment Period End        03/16/94
Supplemental ANPRM              11/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Kathy Busby, Department of Transportation, Federal 
Highway Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2976

RIN: 2125-AC60


_______________________________________________________________________



[[Page 21658]]

2282. +MINIMUM TRAINING REQUIREMENTS FOR OPERATORS AND TRAINING 
INSTRUCTORS OF MULTIPLE TRAILER COMBINATION VEHICLES

Priority:  Economically Significant. Major under 5 USC 801.

Unfunded Mandates: This action may affect the private sector under       
    PL 104-4.

Legal Authority:  PL 102-240, sec 4007(b)(2)

CFR Citation:  49 CFR 383

Legal Deadline:
Final, Statutory, December 18, 1993.

Abstract: This action proposes minimum training requirements for 
operators of multiple trailer combination vehicles and the instructors 
who train these operators. The training would include certification of 
an operator's proficiency by an instructor who has met the requirements 
established by the Secretary of Transportation. This action is 
significant due to public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           01/15/93                     58 FR 4638
ANPRM Comment Period End        03/16/93
NPRM                            10/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Robert Redmond, Transportation Specialist, Office of 
Motor Carrier Standards, Department of Transportation, Federal Highway 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-5014

RIN: 2125-AC92
_______________________________________________________________________




2283. +TRAINING FOR ENTRY-LEVEL DRIVERS OF COMMERCIAL MOTOR VEHICLES

Priority:  Other Significant

Legal Authority:  PL 102-240, sec 4007

CFR Citation:  49 CFR 383

Legal Deadline:
NPRM, Statutory, December 18, 1992.
Final, Statutory, December 18, 1993.
Other, Statutory, January 18, 1994, Other deadline is for a report to 
Congress.

Abstract: This action is in response to section 4007 of the Motor 
Carrier Act of 1991 (title IV of the Intermodal Surface Transportation 
Efficiency Act of 1991). The Department has initiated a rulemaking on 
the need to require training of all entry-level drivers of commercial 
motor vehicles. The agency has submitted a report to Congress (02/05/
96) on the effectiveness of private sector efforts to ensure adequate 
training of all entry-level drivers. This report included a cost-
benefit study of requiring training of entry-level drivers. Public 
comments have been solicited on the report. This rulemaking action is 
considered significant because of substantial public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           06/21/93                    58 FR 33874
ANPRM Comment Period End        08/20/93
Report to Congress              02/05/96
Notice of Availability          04/25/96                    61 FR 18355
NPRM                            12/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: The report is available through the National 
Technical Information Service (Order PB96-141536). For further 
information, please call 703-487-4650.

Agency Contact: Ron Finn, Transportation Specialist, Department of 
Transportation, Federal Highway Administration, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-0647

RIN: 2125-AD05
_______________________________________________________________________




2284. +COMMERCIAL DRIVER PHYSICAL FITNESS AS PART OF THE CDL PROCESS

Priority:  Other Significant

Legal Authority:  49 USC 2704(a); 49 USC 2505; 49 USC 3102

CFR Citation:  49 CFR 391; 49 CFR 383; 49 CFR 1.48; 49 CFR 391.11; 49 
CFR 391.45

Legal Deadline: None

Abstract: The FHWA is proposing to include the certification of fitness 
to operate a CMV in the commercial driver's license (CDL) process. 
Incorporating the commercial driver fitness determination into State--
administered CDL procedures could allow elimination of the requirement 
that CMV drivers carry a separate medical certificate. The CDL would be 
evidence that the CMV driver is physically fit as well as operationally 
qualified to operate CMVs safely. This action addresses the driver's 
physical qualifications as they relate to the CDL process; it does not 
address whether those standards are correct or should be changed. The 
FHWA has determined that the negotiated rulemaking process will be used 
to develop regulations governing the proposed merger of the State-
administered CDL procedures and the driver physical qualifications 
requirements. This action is significant due to anticipated substantial 
public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           07/15/94                    59 FR 36338
ANPRM Comment Period End        11/14/94
NPRM                            05/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: Undetermined

Additional Information: Please note the following notice publications 
with respect to the advisory committee: 04/29/96 at 61 FR 18713; 07/26/
96 at 61 FR 38133; 08/26/96 at 61 FR 43725; 10/07/96 at 61 FR 52401; 
11/05/96 at 61 FR 56936; 12/17/96 at 61 FR 66250; and 02/13/97 at 62 FR 
6753.

Agency Contact: Teresa Doggett, Department of Transportation, Federal 
Highway Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-4001

RIN: 2125-AD20
_______________________________________________________________________




2285. +DEPARTMENT OF TRANSPORTATION (FHWA AND FTA) NEPA AND RELATED 
PROCEDURES FOR TRANSPORTATION DECISIONMAKING

Priority:  Other Significant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

[[Page 21659]]

Legal Authority:  42 USC 4321; 23 USC 109; 23 USC 128; 23 USC 138; 23 
USC 315; PL 102-240; 49 USC 303(c); 49 USC 1602(d); 49 USC 1604(h); 49 
USC 1604(i); 49 USC 1610; 33 USC 401; 33 USC 491 et seq; 33 USC 511 et 
seq; 33 USC 525 et seq

CFR Citation:  23 CFR 771; 49 CFR 622; 40 CFR 1500 to 1508; 49 CFR 
1.48(b); 49 CFR 1.51; 33 CFR 114.05

Legal Deadline: None

Abstract: The Federal Highway Administration and the Federal Transit 
Administration have a joint environmental regulation at 23 CFR 771, 
``Environmental Impact and Related Procedures.'' Nevertheless, each 
agency's guidance for implementing those regulations is procedurally 
different. This causes difficulties and inconsistencies for sponsors of 
transportation projects, particularly where joint FHWA and FTA funds 
are involved. In the ISTEA, the Congress recognized the importance of 
providing uniformity and consistency between FHWA and FTA environmental 
procedures. This is needed to accommodate the increased funding 
flexibility for surface transportation provided by ISTEA. Because of an 
increased emphasis on intermodal planning and proposals to advance a 
high speed rail program, the proposed, new joint regulations will 
include the Federal Railroad Administration (FRA) and the United States 
Coast Guard (USCG) bridge permit program. Section 134(h)(4) of title 
23, United States Code and section 8(h)(4) of the Federal Transit Act, 
as amended, direct the Secretary of Transportation to initiate a 
rulemaking proceeding to conform review requirements for transit 
projects under the National Environmental Policy Act of 1969 to 
comparable requirements for highway projects. This action is considered 
significant because of potential public, congressional and 
environmental concerns and because it involves several interested 
departmental modes.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Governmental Jurisdictions

Government Levels Affected: State

Additional Information: Related actions are FTA RIN 2132-AA43 and FRA 
RIN 2130-AA93.

Agency Contact: Fred Skaer, Office of Environment and Planning, 
Department of Transportation, Federal Highway Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-2058

RIN: 2125-AD32
_______________________________________________________________________




2286. RULES OF PRACTICE FOR MOTOR CARRIER PROCEEDINGS; INVESTIGATIONS; 
DISQUALIFICATIONS AND PENALTIES

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 104; 49 USC 307

CFR Citation:  49 CFR 301; 49 CFR 302; 49 CFR 303; 49 CFR 304; 49 CFR 
385; 49 CFR 386

Legal Deadline: None

Abstract: The FHWA proposes to amend its rules of practice for motor 
carrier safety, hazardous materials, and other enforcement proceedings, 
motor carrier safety ratings, driver qualification proceedings and its 
schedule of penalties for violations of the FMCSRs and the Hazardous 
Materials Regulations. The FHWA further proposes to add provisions on 
investigative authority and procedures and general motor carrier 
responsibilities. These rules would increase the efficiency of the 
procedures, enhance due process and the awareness of the public and 
regulated community, and accommodate recent programmatic changes. The 
rules would apply to all motor carriers, other business entities and 
individuals involved in motor carrier safety and hazardous materials 
administrative actions on the effective date of the final rule. The 
rules would constitute the major part of the administrative/procedural 
portion of the agency's zero-base revision of the entire FMCSRs.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/29/96                    61 FR 18866
NPRM Comment Period End         07/29/96
Extended Comment Period End 9/
13/96                           08/06/96                    61 FR 40781
SNPRM                           10/21/96                    61 FR 54601
SNPRM Comment Period End        11/20/96
SNPRM                           07/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: A final rule published on November 6, 1997, 
(RIN 2125-AC71), incorporated the proposed provision designated as 
section 362.107 in the April 29 NPRM. This section with minor changes 
was incorporated as section 385.17. A final rule regarding adjustments 
to civil penalties due to inflation was published under a separate 
rulemaking action (RIN 2105-AC63) on 3/13/98.

Agency Contact: Paul Brennan, Department of Transportation, Federal 
Highway Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-0834

RIN: 2125-AD64
_______________________________________________________________________




2287. SAFETY PERFORMANCE HISTORY OF NEW DRIVERS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 31133; 49 USC 31136; 49 USC 31301 et seq; 49 
USC 31502; PL 103-311

CFR Citation:  49 CFR 382; 49 CFR 383; 49 CFR 390; 49 CFR 391; 49 CFR 
1.48

Legal Deadline:
NPRM, Statutory, January 1999.

Abstract: This action proposes amending FHWA regulations to specify 
minimum safety information that new or prospective employers must seek 
from former employers during the investigation of a driver's employment 
record. This action also proposes to increase the period of time for 
which carriers must record accident information in the accident 
register from one to three years. This proposal was mandated by the 
Hazardous Materials Reauthorization Act of 1994. This rule is also 
impacted by TEA-21, Section 4014 and given a new statutory deadline of 
1/99. Public Law 105-347 may affect this rule because it discusses the 
release of employment information by consumer reporting agencies 
currently investigating this issue.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/14/96                    61 FR 10548
NPRM Comment Period End         05/13/96
SNPRM                           05/00/99

[[Page 21660]]

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Valerie Height, Office of Motor Carrier Research and 
Standards, Department of Transportation, Federal Highway 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-1790

RIN: 2125-AD66
_______________________________________________________________________




2288. PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION; TELEVISION 
RECEIVERS AND DATA DISPLAY UNITS

Priority:  Substantive, Nonsignificant

Legal Authority:  PL 102-240; 49 USC 31136; 49 USC 31502

CFR Citation:  49 CFR 393; 49 CFR 1.48

Legal Deadline: None

Abstract: The FHWA proposed to amend the provision of the Federal Motor 
Carrier Safety Regulations (FMCSRs) concerning television viewers or 
screens in commercial motor vehicles. The FHWA is concerned that the 
current restrictions on the locations of such devices may have the 
unintended effect of discouraging the use of certain Intelligent 
Transportation System (ITS) technologies such as collision avoidance 
and traveler information systems which could improve the safety and 
efficiency of commercial vehicle operations. In response to comments to 
the April 3, 1993, notice of proposed rulemaking (61 FR 14733) to 
rescind the regulation concerning television viewers or screens, the 
FHWA is considering an SNPRM to propose retaining an explicit 
prohibition against television viewers or screens but revising the 
regulation to ensure that it does not impede the development and use of 
ITS-related technologies.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/03/96                    61 FR 14733
NPRM Comment Period End         06/03/96
SNPRM                           07/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Larry W. Minor, Mechanical Engineer, Office of Motor 
Carrier Research and Standards, Department of Transportation, Federal 
Highway Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-4009

RIN: 2125-AD76
_______________________________________________________________________




2289. +HOURS OF SERVICE OF DRIVERS (SECTION 610 REVIEW)

Priority:  Economically Significant. Major under 5 USC 801.

Legal Authority:  PL 104-88

CFR Citation:  49 CFR 395

Legal Deadline:
Other, Statutory, March 1, 1996, for ANPRM.
NPRM, Statutory, November 5, 1997, See sections 103 and 408 of PL 104-
88.
Final, Statutory, November 5, 1999.

Abstract: This action would propose revision of the FHWA's hours of 
service regulations. This action is mandated by the ICC Termination Act 
of 1995. The rulemaking also will address NTSB Safety Recommendations, 
petitions for rulemaking, and scientific data. The rulemaking has a 
great deal of public and congressional interest in regulating medium-
and heavy-duty truck and bus drivers' sleep, off-duty, and working 
periods of time. The FHWA will propose new rules based upon comments 
and scientific data submitted to the advance notice of proposed 
rulemaking docket, an initial regulatory flexibility analysis, a cost-
benefit analysis, and an unfunded mandates analysis, and a paperwork 
reduction analysis. This action is considered significant because of 
substantial public and congressional interest.

Statement of Need: The motor carrier industry requires 24-hour 
activities to meet the operational demands of a healthy U.S. economy. 
Growth in long-haul, regional, overnight, and local operations is 
increasing with the growth of the U.S. economy. Therefore, night work, 
shift work, and irregular work schedules will continue to be 
commonplace.
With this growth, the scientific knowledge about sleep, sleep 
disorders, circadian physiology, fatigue, and performance decrements 
has also grown. Some of the scientific knowledge has indicated that 
medium-and heavy-duty truck and bus drivers may experience performance-
impairing fatigue from sleep loss resulting from current motor carrier 
duty and operational practices. One of the purposes of this rulemaking 
is to incorporate as much of the scientific knowledge as possible into 
the applicable regulations.
In addition, industry, safety advocates, and individuals have told the 
FHWA that the current regulations constrain productivity, are 
confusing, and focus enforcement on sloppy recordkeeping practices 
rather than on violations of the underlying hours-of-service rules. 
Therefore, another purpose of the rulemaking is to establish 
enforceable, consistent, and clear work duty periods and sleep 
requirements for all types of operations.

Summary of the Legal Basis: Title 49 United States Code, Section 31502 
allows the Secretary of Transportation to prescribe maximum hours-of-
service regulations for employees of motor carriers when needed to 
promote the safety of operations.
Section 408 of the ICC Termination Act of 1995 (Pub. L. 104-88, 
December 29, 1995) requires the Federal Highway Administration to issue 
an advance notice of proposed rulemaking, a notice of proposed 
rulemaking, and a final rule dealing with a variety of fatigue-related 
issues pertaining to commercial motor vehicle safety (including 8 hours 
of continuous sleep after 10 hours of driving, loading and unloading 
operations, automated and tamper-proof recording devices, rest and 
recovery cycles, fatigue and stress in longer combination vehicles, 
fitness for duty, and other appropriate regulatory and enforcement 
countermeasures for reducing fatigue-related incidents and increasing 
driver-alertness).

Alternatives: One alternative is to continue the current rules. Other 
alternatives may include replacing the current daily maximum 15-hour 
on-duty, maximum 10-hour-driving, minimum 8-hour-off-duty periods and 
weekly 60-hour-in-seven-day sliding week with an alternative set of 
rules based upon scientific knowledge and submitted comments. The FHWA 
will consider ``one-size-does-not-fit-all'' types of regulations. The 
FHWA will consider different regulations for different types of 
drivers, operations, or classification of vehicles.
Finally, the FHWA will consider modifying the information collection

[[Page 21661]]

burdens that have been placed upon the motor carrier industry, 
including the following types of record keeping methods. 1. Reducing 
the required items on the record of duty status (log book), 2. Adding 
automated on-board recording devices to commercial motor vehicles, 3. 
Adding global positioning system on-board recording devices to 
commercial motor vehicles. 4. Eliminating all FHWA hours-of-service 
record keeping requirements while relying exclusively on the 
duplicative hours-of-service record keeping system of records required 
by the U.S. Department of Labor under the Fair Labor Standards Act of 
1938, as amended.
The FHWA is exploring the feasibility of conducting a negotiated 
rulemaking to revise the drivers' hours-of-service rules and has hired 
two convenors for that purpose. Until that process is complete and a 
decision is made concerning negotiated rulemaking, the FHWA will 
continue to move forward with its traditional rulemaking process which 
began with the publication of an advance notice of proposed rulemaking 
in the Federal Register on November 5, 1996.
The neutral convenors will interview affected interests, including 
drivers, motor carriers, safety advocacy groups, enforcement officials, 
insurers, and others. The convenors will, among other things, examine 
the potential for adequate and balanced representation of these varied 
interests on an advisory committee that would be convened to negotiate 
the regulations. the convenors will then submit a written report of 
findings and recommendations to the agency. The convenors' report will 
provide a basis for the FHWA to decide whether to proceed with 
negotiated rulemaking, and, if so, to determine the scope of the issues 
the committee would be charged with addressing. In the alternative, the 
FHWA may decide to proceed with traditional informal rulemaking. Toward 
this latter end, the agency continues to consider and evaluate various 
options for revising the hours-of-service rules.
Should the FHWA decide to proceed with a negotiated rulemaking process, 
the agency would follow the procedures set forth in the Negotiated 
Rulemaking Act of 1996, 5 U.S.C. 561 et seq. This would include the 
establishment of a negotiating committee under the Federal Advisory 
Committee Act (5 U.S.C.Appendix 2), and a Federal Register notice 
setting forth full particulars about the process and public 
participation.

Anticipated Costs and Benefits: Undetermined. A cost-benefit analysis 
completed in 1981 and based upon a 1978 notice of proposed rulemaking 
calculated national costs between $10.6 and $11.5 billion with possible 
societal benefits of about $450 million, a benefit to cost ratio under 
one. (In 1997 dollars, this would be national costs between $20.67 and 
$22.43 billion with possible societal benefits of about $878 million.) 
A new cost-benefit analysis is underway and will be conducted and 
reported in compliance with OMB Circular A-94, ``Discount Rates to be 
Used in Evaluating Time-Distributed Costs and Benefits.'' The FHWA 
believes it can develop a rule with a benefit-to-cost ratio of more 
than one for this rulemaking. The FHWA is planning to develop a rule 
that will produce a ``win-win'' outcome (increased safety and unchanged 
or increased productivity).
The FHWA will also attempt to analyze additional costs resulting from 
higher transportation rates and disruptions on ongoing business 
operations, though these costs will be difficult to assess. These might 
include rates and disruptions to just-in-time deliveries, 
manufacturing, warehousing, distribution, wholesale and retail 
deliveries, and individual participants' lives (e.g., increases in 
consumer prices and road congestion).

Risks: The U.S. Department of Transportation's National Highway Traffic 
Safety Administration's databases show fatigue as a contributing factor 
in 306 to 1,163 annual police-reported crashes for all vehicles 
nationally. Some scientific research suggests the number may be closer 
to 364 to 4,070 of all crashes (police-reported and non-police-
reported). Fatigue is increasingly becoming the focus of possible 
causes contributing to all crashes. Driver reports of being tired and 
sleepy to the point of incapacity are not uncommon, and it is 
reasonable, given the sheer volume of motor carrier traffic, to expect 
drowsy, unalert drivers to be a factor in future crashes.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           11/05/96                    61 FR 57251
Notice of Meeting               02/11/97                     62 FR 6161
ANPRM Comment Period End        03/31/97
ANPRM Extension of Comment 
Period                          03/31/97                    62 FR 15150
NPRM                            12/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: State, Local, Federal

Additional Information: Section 408 mandates that the FHWA issue an 
ANPRM dealing with a variety of fatigue related issues.

Agency Contact: David Miller, Department of Transportation, Federal 
Highway Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-1790

RIN: 2125-AD93
_______________________________________________________________________




2290. ELECTRONIC FILING OF SURETY BONDS, TRUST FUND AGREEMENTS, 
INSURANCE CERTIFICATES; CANCELLATIONS

Priority:  Substantive, Nonsignificant

Legal Authority:  PL 104-88

CFR Citation:  49 CFR 387

Legal Deadline: None

Abstract: This action proposes requiring all filings of surety bonds, 
trust fund agreements, insurance certificates and cancellations of 
these instruments to be accomplished electronically. Optional 
electronic filing has proven economical and efficient for both the FHWA 
and for electronic filers. Given this success, cost of processing paper 
filings can no longer be justified. Mandatory electronic filings should 
not impose any significant costs or burdens on either the FHWA or the 
filers.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Patricia A. Burke, Department of Transportation, 
Federal

[[Page 21662]]

Highway Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 358-7041

RIN: 2125-AD94
_______________________________________________________________________




2291. +DEVELOPMENT OF A NORTH AMERICAN STANDARD FOR PROTECTION AGAINST 
SHIFTING AND FALLING CARGO

Priority:  Other Significant

Legal Authority:  49 USC 31136; 49 USC 31502

CFR Citation:  49 CFR 393; 49 CFR 1.48

Legal Deadline: None

Abstract: The FHWA is considering proposing amendments to its 
regulations concerning cargo securement requirements for commercial 
motor vehicles engaged in interstate commerce. The FHWA intends to 
consider adopting new cargo securement guidelines that will be based 
upon the results of a multi-year comprehensive research program to 
evaluate current regulations and industry practices. The FHWA is also 
requesting comments on the process to be used in developing these 
preliminary cargo securement guidelines. The FHWA recently completed 
work on this research program with the Canadian Council of Motor 
Transport Administrators (CCMTA), State and Provincial agencies 
responsible for motor carrier safety activities, the Commercial Vehicle 
Safety Alliance (CVSA), and U.S. and Canadian industry groups.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           10/17/96                    61 FR 54142
ANPRM Comment Period End        12/16/96
Notice of Meeting               04/21/97                    62 FR 19252
NPRM                            08/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Larry W. Minor, Mechanical Engineer, Office of Motor 
Carrier Research and Standards, Department of Transportation, Federal 
Highway Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-4009

RIN: 2125-AE05
_______________________________________________________________________




2292. +QUALIFICATIONS OF MOTOR CARRIERS TO SELF-INSURE THEIR OPERATIONS 
AND FEES TO SUPPORT THE APPROVAL AND COMPLIANCE PROCESS

Priority:  Other Significant

Legal Authority:  49 USC 31138; 49 USC 31139; 49 USC 13906

CFR Citation:  49 CFR 1043; 49 CFR 387; 49 CFR 1.48

Legal Deadline: None

Abstract: This action proposes to amend the regulations governing 
qualifications for motor carriers that seek authorization to self-
insure their transportation operations. Also, the FHWA is proposing 
technical amendments necessitated by the ICC Termination Act of 1995 
(Pub. L. 104-88), which transferred the ICC's authority to qualify 
motor carriers as self-insurers to DOT. The agency is also requesting 
comments regarding the need for additional backup collateral or 
security to protect the public against uncompensated losses. The FHWA 
believes that this will be a significant regulatory action because of 
substantial congressional and public interest in the insurance 
requirements for motor carriers.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           09/23/97                    62 FR 49654
Correction                      09/29/97                    62 FR 50892
ANPRM Comment Period End        11/24/97
NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Stanley M. Braverman, Office of the Chief Counsel, 
Department of Transportation, Federal Highway Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 358-7035

RIN: 2125-AE06
_______________________________________________________________________




2293. +FEDERAL MOTOR CARRIER SAFETY REGULATIONS; HOURS-OF-SERVICE AND 
CDL EXEMPTIONS

Priority:  Other Significant

Legal Authority:  PL 104-59, sec 345

CFR Citation:  49 CFR 382; 49 CFR 395

Legal Deadline: None

Abstract: In this action, the FHWA is proposing to clarify its rule 
incorporating certain exemptions from the hours-of-service and 
commercial driver's license requirements of the Federal Motor Carrier 
Safety Regulations, created by section 345 of the National Highway 
System Designation Act of 1995.
The FHWA is also proposing a monitoring program to measure the safety 
impact of the exemptions. The FHWA would use information obtained from 
the monitoring program to determine whether the exemptions granted in 
the NHS Act should be modified or revoked under the standard provided 
in the authorizing legislation. The FHWA requests comment on the public 
interest and safety impacts of the exemptions, as well as in the 
proposed monitoring program.
The final rule that incorporated the exemptions created by section 345 
of the NHS Act was issued under RIN 2125-AD83, 4/3/96 (61 FR 14677).
This action is significant because of substantial public interest. The 
FHWA is reconsidering the need for this action in light of the 
amendments to its exemption authority in the TEA-21.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Paul Brennan, Director, Office of Motor Carrier 
Research and Standards, Department of Transportation, Federal Highway 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-1790

RIN: 2125-AE09
_______________________________________________________________________




2294. MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MEXICAN MOTOR 
CARRIERS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 31138; 49 USC 31139

CFR Citation:  49 CFR 387; 49 CFR 1.48

Legal Deadline: None

Abstract: The FHWA is proposing to amend part 387, Minimum Levels of

[[Page 21663]]

Financial Responsibility for Motor Carriers to clarify and amend the 
financial responsibility requirement for Mexican motor carriers.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: David Lehrman, Transportation Specialist, Department of 
Transportation, Federal Highway Administration, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-0994

RIN: 2125-AE14
_______________________________________________________________________




2295. +APPLICATION OF THE NATIONAL TRANSPORTATION COMMUNICATIONS FOR ITS 
PROTOCOL (NTCIP) STANDARDS IN ITS PROJECTS

Priority:  Other Significant

Legal Authority:  23 USC 109; 23 USC 315; 23 USC 402; PL 102-240

CFR Citation:  23 CFR 625; 23 CFR 655; 49 CFR 1.48

Legal Deadline: None

Abstract: This action is proposing to amend FHWA regulations to require 
application of Intelligent Transportation System (ITS) Standards for 
ITS projects using Federal-aid highway funds. In the ISTEA of 1991, 
Congress directed the Department to develop and implement standards and 
protocols to promote widespread use of ITS. The proposed regulations 
will apply ITS standards to ITS systems, subsystems, devices, equipment 
and software to be acquired with Federal-aid highway funds, including 
ITS funds. This action is significant because it represents new and 
changed policy under DOT Order 2100.5.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: William S. Jones, ITS Joint Program Office, Department 
of Transportation, Federal Highway Administration, 400 Seventh Street 
SW., Washington, DC 20590
Phone: 202 366-2128

RIN: 2125-AE21
_______________________________________________________________________




2296. +FEDERAL MOTOR CARRIER SAFETY REGULATIONS; DEFINITION OF 
COMMERCIAL MOTOR VEHICLE

Priority:  Other Significant

Legal Authority:  49 USC 31132; 49 USC 31136; 49 USC 31502; PL 104-88, 
sec 104(f)

CFR Citation:  49 CFR 390; 49 CFR 391; 49 CFR 392; 49 CFR 393; 49 CFR 
395; 49 CFR 396; 49 CFR 1.48

Legal Deadline: None

Abstract: The FHWA is initiating this action to consider whether to 
amend the definition of commercial motor vehicle in the Federal Motor 
Carrier Safety Regulations to make those safety regulations applicable 
to vehicles designed to transport less than 18 passengers including the 
driver. The Congress granted the authority to regulate such vehicles in 
the Interstate Commerce Commission Termination Act of 1995, but did not 
require the agency to exercise this authority.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           08/05/98                    63 FR 41766
ANPRM Comment Period End        10/05/98
NPRM                            04/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: David Lehrman, Office of Motor Carrier Research and 
Standards, Department of Transportation, Federal Highway 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-0994

RIN: 2125-AE22
_______________________________________________________________________




2297. EMERGENCY RELIEF PROGRAM--$500,000 DISASTER ELIGIBILITY THRESHOLD

Priority:  Substantive, Nonsignificant

Legal Authority:  23 USC 101; 23 USC 120(e); 23 USC 125; 23 USC 315

CFR Citation:  23 CFR 668; 49 CFR 1.48(b)

Legal Deadline: None

Abstract: The FHWA has initiated this rulemaking to evaluate the need 
to revise the FHWA's regulation pertaining to the $500,000 threshold 
established to distinguish between heavy maintenance or routine 
emergency repair and serious damage, which is used as one of the 
criteria to qualify a disaster under the FHWA emergency relief program 
for repair of Federal-aid highways. The FHWA has published an ANPRM 
with the intention of generating discussion and comments on the 
appropriateness of the current threshold value as well as any 
additional options regarding establishment of a disaster eligibility 
threshold. An NPRM is scheduled to be published proposing to increase 
the threshold to $700,000.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           02/19/98                     63 FR 8377
ANPRM Comment Period End        04/20/98
NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Mohan Pillay, Office of Engineering, Department of 
Transportation, Federal Highway Administration, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-4655

RIN: 2125-AE27
_______________________________________________________________________




2298. COMMERCIAL DRIVER DISQUALIFICATION PROVISIONS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 31301; 49 USC 31136; 49 USC 31502

CFR Citation:  49 CFR 383; 49 CFR 1.48

Legal Deadline:
NPRM, Statutory, December 29, 1996.

Abstract: Section 403 of the ICC Termination Act of 1995 (ICCTA) 
requires the FHWA to issue regulations specifying that commercial motor 
vehicle drivers who are convicted of violating railroad-highway grade 
crossing laws or regulations must be disqualified from operating a CMV. 
The ICCTA also requires that penalties be assessed against employers 
found to have knowingly allowed, permitted, authorized, or required an 
employee to

[[Page 21664]]

operate a CMV in violation of a law or regulation pertaining to 
railroad-highway grade crossings. This rulemaking proposes 
disincentives for drivers and motor carriers from engaging in such 
dangerous operating practices. Such disincentives would include long 
periods (60 to 120 days) of disqualification from operating CMVs for 
drivers and monetary fines for employers.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/02/98                    63 FR 10180
NPRM Comment Period End         05/04/98
NPRM Reopening of the Comment 
Period                          04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: David Goettee, Office of Motor Carrier Research and 
Standards, Department of Transportation, Federal Highway 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-4001

RIN: 2125-AE28
_______________________________________________________________________




2299. WORK ZONE SAFETY

Priority:  Substantive, Nonsignificant

Legal Authority:  23 USC 105; 23 USC 106; 23 USC 109; 23 USC 110; 23 
USC 115; 23 USC 315; 23 USC 320; PL 102-240, sec 1051; PL 104-59, sec 
358

CFR Citation:  23 CFR 630; 23 CFR 636; 23 CFR 1.32; 49 CFR 1.48

Legal Deadline: None

Abstract: The FHWA is proposing to amend its regulations on traffic 
safety in highway and street work zones. Section 1051 of the Intermodal 
Surface Transportation Efficiency Act of 1991 (ISTEA) requires the 
Secretary of Transportation (Secretary) to develop and implement a 
highway work zone safety program which would improve work zone safety 
at highway construction sites. This action is necessary to update the 
existing regulation, clarify the current policy, and emphasize 
important issues affecting the safety of highway workers and highway 
users. This action proposes to transfer and redesignate the regulations 
currently found in 23 CFR part 630, subpart J, to a new part 636.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Charlie L. Sears, Office of Engineering, Department of 
Transportation, Federal Highway Administration, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-2981

RIN: 2125-AE29
_______________________________________________________________________




2300. +REVISION OF APPLICATION FORM FOR MEXICAN MOTOR CARRIERS: 
COMMERCIAL ZONES

Priority:  Other Significant

Legal Authority:  49 USC 13907

CFR Citation:  49 CFR 368

Legal Deadline: None

Abstract: This action proposes collection of some new information and 
also proposes revisions to the registration application form filed by 
one of the two classes of Mexican motor carriers that operate in the 
U.S. This class of carriers operates in the U.S.-Mexico border 
commercial zones which existed prior to NAFTA. This action is intended 
to increase the information available concerning these Mexican property 
carriers' safety profiles. This action is significant because of 
substantial public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Stanley M. Braverman, Office of the Chief Counsel, 
Department of Transportation, Federal Highway Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 358-7035

RIN: 2125-AE31
_______________________________________________________________________




2301. +REVISION OF APPLICATION FORM FOR MEXICAN MOTOR CARRIERS: NAFTA

Priority:  Other Significant

Legal Authority:  5 USC 553; 5 USC 559; 16 USC 1456; 49 USC 13101; 49 
USC 13301; 49 USC 13901 et seq; 49 USC 31138; 49 USC 31144

CFR Citation:  49 CFR 365; 49 CFR 1.48

Legal Deadline: None

Abstract: This action proposes collection of some new information and 
also proposes revisions to the registration application form filed by 
one of the two classes of Mexican carriers that operate in the U.S. 
This class of carriers has operations that go beyond the established 
border commercial zones. This proposed unified application form would 
be used by both Mexican property and passenger carriers who provide 
services pursuant to provisions of NAFTA. This action is intended to 
increase the information available concerning these Mexican carriers' 
safety profiles. This action is significant because of substantial 
public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Stanley M. Braverman, Office of the Chief Counsel, 
Department of Transportation, Federal Highway Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 358-7035

RIN: 2125-AE32
_______________________________________________________________________




2302. +ACCELERATED SAFETY MONITORING SYSTEM AND COMPLIANCE INITIATIVE 
FOR MEXICAN MOTOR CARRIERS OPERATING IN THE UNITED STATES

Priority:  Other Significant

Legal Authority:  49 USC 104; 49 USC 504; 49 USC 521(b)(5)(A); 49 USC 
5113; 49 USC 31136; 49 USC 31144; 49 USC 31502

CFR Citation:  49 CFR 385

Legal Deadline: None

Abstract: This action would implement an accelerated safety fitness 
screen as

[[Page 21665]]

part of the Motor Carrier Management Information System (MCMIS). A new 
screening program is being targeted to collect more information on 
Mexican carriers. The data will be collected and stored using the 
existing systems and information gathering structures that are used for 
domestic carriers. The data collected will be used to oversee 
operations of both classes of Mexican motor carriers, those operating 
in the U.S.-Mexico border commercial zones and those operating in the 
U.S. pursuant to the various entry provisions of NAFTA. This action is 
significant due to anticipated public interest and safety-related 
issues.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Stanley M. Braverman, Office of the Chief Counsel, 
Department of Transportation, Federal Highway Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 358-7035

RIN: 2125-AE33
_______________________________________________________________________




2303. SAFETY FITNESS PROCEDURES

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 3144

CFR Citation:  49 CFR 385

Legal Deadline: None

Abstract: The FHWA published a final rule of RIN 2125-AC71 at 62 FR 
60035 on November 6, 1997, which incorporated the safety fitness rating 
methodology (SFRM) into 49 CFR 385 as appendix B. In that document the 
FHWA identified its ultimate goal as creating a more performance-based 
means of determining the fitness of carriers to conduct commercial 
motor vehicle (CMV) operations in interstate commerce. The ANPRM 
requested comments on the future of a rating system that could be used 
both in making safety fitness determinations and meeting the demands of 
shippers, insurers and other present and potential users interested in 
evaluating motor carrier performance.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           07/20/98                    63 FR 38788
ANPRM Comment Period End        09/18/98
NPRM                            06/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: William Hill, Department of Transportation, Federal 
Highway Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-4009

RIN: 2125-AE37
_______________________________________________________________________




2304.  +FEDERAL MOTOR CARRIER SAFETY REGULATIONS; ZERO-BASE 
REVISION

Priority:  Economically Significant. Major under 5 USC 801.

Legal Authority:  49 USC 104; 49 USC 501; 49 USC 504; 49 USC 13101; 49 
USC 13301; 49 USC 13902; 49 USC 31101; 49 USC 31132; 49 USC 31136; 49 
USC 31301; 49 USC 31502; PL 104-88

CFR Citation:  49 CFR 301 to 399; 49 CFR 1.48

Legal Deadline: None

Abstract: The FHWA is revising the Federal Motor Carrier Safety 
Regulations (FMCSRs) and related regulations. In 1992, a ``Zero-Base 
Review'' was launched to improve the organization, format and clarity 
of the FMCSRs and collateral regulations. This proposal represents the 
most recent phase of a six-year ``zero-based'' review of motor carrier 
safety regulations to establish more effective, enforceable 
requirements. This action is the product of that review. It proposes 
provisions that could affect public safety and potentially raises novel 
policy issues concerning federalism. The changes proposed here 
constitute a major rewrite of the FMCSRs, including significant format 
and organizational changes, as well as a significant decrease in 
administration, recordkeeping, and paperwork burdens (an estimated 
reduction of 37 million burden hours). This action is significant under 
the regulatory policies and procedures of the DOT because of the 
substantial public interest concerning motor carrier safety issues.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Previous rulemakings from this comprehensive 
effort have included removing and redesignating redundant or obsolete 
safety regulations (RIN 2125-AD55 and RIN 2125-AD28) and more 
substantive and complex revisions of the FMCSRs (RIN 2125-AD72).

Agency Contact: Robert Schultz, Jr., Department of Transportation, 
Federal Highway Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-4009

RIN: 2125-AE42
_______________________________________________________________________




2305.  ADMINISTRATION OF ENGINEERING AND DESIGN RELATED SERVICES 
CONTRACTS

Priority:  Substantive, Nonsignificant

Legal Authority:  23 USC 112(b); 23 USC 114(a); 23 USC 302; 23 USC 315; 
23 USC 402; 41 USC 253; 41 USC 259

CFR Citation:  23 CFR 172; 49 CFR 1.48(b)

Legal Deadline: None

Abstract: This action would amend procurement procedures on 
administration of engineering and design related services contracts to 
reflect the changes made by section 307 of Public Law 204-59, National 
Highway System Designation Act and section 1205 of the Transportation 
Equity Act for the 21st Century (TEA-21), Public Law 105-178, June 9, 
1998.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Gary E. Moss, Department of Transportation, Federal 
Highway Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-4654

RIN: 2125-AE45


_______________________________________________________________________



[[Page 21666]]

2306.  MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP)

Priority:  Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: This action may affect State, local or tribal 
governments and the private sector.

Legal Authority:  49 USC 31100; 49 USC 31108; 49 USC 31136; 49 USC 
31140 to 31141; 49 USC 31161; 49 USC 31310 to 31311; 49 USC 31502

CFR Citation:  49 CFR 350; 49 CFR 1.48

Legal Deadline:
Final, Statutory, October 1, 1999.

Abstract: This action would amend the Motor Carrier Safety Assistance 
Program (MCSAP) as required by the Transportation Equity Act for the 
21st Century (TEA-21). The changes will incorporate those applicable 
provisions. The MCSAP provides grants to the States to enforce the 
Federal Motor Carrier Safety and Hazardous Materials Regulations or 
compatible State regulations.
The FHWA must implement these revisions before FY 2000, beginning 
October 1, 1999. The revisions will include requirement for all 
participating States to develop performance-based programs. This will 
allow States to have greater flexibility to design programs addressing 
national, regional, and State needs in reducing the number and severity 
of commercial motor vehicle crashes.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/09/99                    64 FR 11414
NPRM Comment Period End         05/10/99
Final Action                    08/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: State, Local, Federal

Agency Contact: Brian McLaughlin, Chief, State Programs Division, 
Department of Transportation, Federal Highway Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-9579

RIN: 2125-AE46
_______________________________________________________________________




2307.  REVISION OF THE MANUAL ON UNIFORM TRAFFIC CONTROL 
DEVICES; TOURIST ORIENTED DIRECTIONAL SIGNS, RECREATION AND CULTURAL 
INTEREST SIGNS, AND TRAFFIC CONTROLS FOR BICYCLE FACILITIES

Priority:  Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Legal Authority:  23 USC 109(d); 23 USC 114(a); 23 USC 315; 23 USC 
402(a)

CFR Citation:  23 CFR 655; 23 CFR 1.32; 49 CFR 1.48

Legal Deadline: None

Abstract: The MUTCD is incorporated by reference in 23 CFR part 655, 
subpart F, approved by the Federal Highway Administrator, and 
recognized as the national standard for traffic control on all public 
roads
This document proposes new text for the MUTCD in Chapter 2G-Tourist 
Oriented Directional Signs (TODS), Chapter 2H-Recreation and Cultural 
Interest Area Signs, and Part 9, Traffic Controls for Bicycle 
Facilities. The purpose of this rewrite effort is to reformat the text 
to clarify intended meanings, to include metric dimensions and values 
for the design and installation of traffic control devices, and to 
improve the overall organization and discussion of the contents in the 
MUTCD. The proposed changes to the MUTCD are intended to expedite 
traffic, promote uniformity, improve safety, and incorporate technology 
advances in traffic control device application.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: No

Government Levels Affected: Undetermined

Agency Contact: Linda Brown, Office of Highway Safety, Department of 
Transportation, Federal Highway Administration, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-2192

RIN: 2125-AE50
_______________________________________________________________________




2308.  PROCEDURES FOR ABATEMENT OF HIGHWAY TRAFFIC NOISE AND 
CONSTRUCTION NOISE

Priority:  Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Legal Authority:  23 USC 109(h); 23 USC 109(i); 49 USC 4331; 49 USC 
4332; PL 104-59

CFR Citation:  23 CFR 772

Legal Deadline: None

Abstract: This action proposes to amend the FHWA regulation which 
specifies the traffic noise prediction method to be used in traffic 
noise analyses. This revision would allow the use of the FHWA Traffic 
Noise Model, which was released on March 30, 1998. It would update the 
specific references to acceptable traffic noise prediction methodology 
and vehicle noise emission levels. It would also remove references to 
specific noise prediction and measurement reports and vehicle noise 
emission levels that have been or will be superseded.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Robert Armstrong, Office of Environment and Planning, 
Department of Transportation, Federal Highway Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-2073

RIN: 2125-AE51
_______________________________________________________________________




2309.  +SAFETY FITNESS PROCEDURES--UNSATISFACTORY SAFETY RATINGS

Priority:  Other Significant

Legal Authority:  49 USC 104; 49 USC 504; 49 USC 521 (b)(5)(A); 49 USC 
31136; 49 USC 31144; 49 USC 31502

CFR Citation:  49 CFR 385; 49 CFR 1.48

Legal Deadline: None

Abstract: This action would expand the prohibition against interstate 
operations by carriers with ``unsatisfactory'' safety ratings. The 
existing ``unsatisfactory'' safety rating prohibition, applicable to 
motor carriers of passengers and hazardous materials,

[[Page 21667]]

would be extended to all motor carriers. This action would implement 
section 4009 of the Transportation Equity Act for the 21st Century 
which prohibits motor carriers found to be unfit according to a safety 
fitness determination from operating commercial motor vehicles in 
interstate commerce. This action is considered a significant regulatory 
action because of the substantial public interest in the provision of 
safe interstate motor freight and passenger transportation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Debbie Freund, Department of Transportation, Federal 
Highway Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-5541

RIN: 2125-AE56
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                     Final Rule Stage


Federal Highway Administration (FHWA)



_______________________________________________________________________




2310. REVISION OF MEDICAL EXAMINATION FORM AND PROCEDURES

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 2505; 49 USC 3102

CFR Citation:  49 CFR 391

Legal Deadline: None

Abstract: Substantial changes in medical technology and the technology, 
operating practices, and economics of the motor carrier industry have 
affected the physical and mental demands on commercial motor vehicle 
(CMV) drivers and in turn, have rendered portions of the current 
medical examination form used to assess drivers' physical 
qualifications outdated, difficult to use, or irrelevant. This action 
redesigns the existing medical examination form and amends the 
examination procedures to reflect the latest medical and technological 
advances.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/05/98                    63 FR 41769
NPRM Comment Period End         11/03/98
Final Action                    07/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: State

Additional Information: This action was formerly titled ``Qualification 
of Drivers; Medical Examination Form.''

Agency Contact: Sandra L. Zywokarte, Health and Welfare Specialist, 
Department of Transportation, Federal Highway Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-2981

RIN: 2125-AC63
_______________________________________________________________________




2311. +PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION; LIGHTING 
DEVICES, REFLECTORS, AND ELECTRICAL EQUIPMENT

Priority:  Economically Significant. Major under 5 USC 801.

Unfunded Mandates: This action may affect the private sector under       
    PL 104-4.

Legal Authority:  49 USC 31136; 49 USC 31502

CFR Citation:  49 CFR 393; 49 CFR 1.48

Legal Deadline:
Final, Statutory, June 9, 1999.

Abstract: The FHWA intends to adopt measures for reducing the incidence 
and severity of collisions with large trailers during conditions of 
darkness or reduced visibility. Specifically, the agency is proposing 
requiring the use of retroreflective sheeting or reflex reflectors for 
certain trailers manufactured prior to December 1, 1993, the effective 
date of the National Highway Traffic Safety Administration's final rule 
on conspicuity for newly manufactured trailers. This action is 
considered significant due to substantial public and congressional 
interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           01/19/94                     59 FR 2811
ANPRM Comment Period End        03/21/94
Notice of Intent To Issue NPRM  08/06/96                    61 FR 40781
NPRM                            06/19/98                    63 FR 33611
NPRM Comment Period End         09/17/98
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: The FHWA intends to consider carefully the 
costs and benefits associated with various alternative requirements, 
including the economic impacts of potential changes on small entities.

Agency Contact: Larry W. Minor, Mechanical Engineer, Office of Motor 
Carrier Research and Standards, Department of Transportation, Federal 
Highway Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-4009

RIN: 2125-AD27
_______________________________________________________________________




2312. +FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL; MOTOR VEHICLE 
MARKING

Priority:  Other Significant

Legal Authority:  49 USC 104; 49 USC 504; 49 USC 521(b)(5)(A); 49 USC 
31502; 49 USC 5113; 49 USC 31136; 49 USC 31144; 49 USC 5113

CFR Citation:  49 CFR 390

Legal Deadline: None

Abstract: The FHWA is proposing to revise its regulations dealing with 
the identification and marking of commercial motor vehicles (CMVs). 
Five changes are being proposed which would: (1) Apply the marking 
requirements to all CMVs operated in interstate commerce, including 
those common and contract motor carriers of property or passengers 
formerly authorized by the Interstate Commerce Commission (ICC); (2) 
require motor carriers to mark both sides of each CMV with a specific 
legal name or name under which it does business (DBA name); (3) require 
motor carriers to mark each CMV with the city and State of its 
principal place of business; (4) require all new motor carriers to file 
Form MCS-150 before beginning operations; and (5) move sec. 385.23

[[Page 21668]]

and the appendix to part 385 to a new section in part 390. The States 
would also be allowed and encouraged to use USDOT identification 
numbers to identify intrastate motor carriers. These changes will 
improve the identification of motor carriers and CMVs, aid enforcement, 
and enhance data collection and analysis.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/16/98                    63 FR 32801
NPRM Comment Period End         08/17/98
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses, Organizations

Government Levels Affected: None

Agency Contact: Phillip J. Forjan, Transportation Specialist, 
Department of Transportation, Federal Highway Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-6817

RIN: 2125-AD49
_______________________________________________________________________




2313. NATIONAL STANDARDS FOR TRAFFIC CONTROL DEVICES; METRIC CONVERSION

Priority:  Substantive, Nonsignificant

Legal Authority:  23 USC 101(a); 23 USC 104; 23 USC 105; 23 USC 109(d); 
23 USC 114(a); 23 USC 135; 23 USC 217; 23 USC 307; 23 USC 315; 23 USC 
402(a)

CFR Citation:  23 CFR 655; 23 CFR 1.32; 49 CFR 1.48

Legal Deadline: None

Abstract: Based on the National Highway System (NHS) Designation Act of 
1995, the Federal Highway Administration (FHWA) no longer requires 
metric legends on highway signs. After FY 1996, if a State desires to 
install metric legend signs, the FHWA will not restrict the use of 
Federal-aid funds. The NHS Designation Act also revises the Metric 
Conversion Policy to extend the compliance date to September 30, 2000, 
for having plans, specifications, and estimates (PS&Es) in metric units 
(prior to September 30, 1996). It is the intent of this rulemaking 
action to assure that those States and other FHWA partners desiring to 
convert to metric units will have available a source for formulating 
their plans in a consistent manner. Therefore, the FHWA is adopting the 
following two American Association of State Highway and Transportation 
Officials (AASHTO) publications as its policy for metric conversion: 
``Guide to Metric Conversion'' and ``Traffic Engineering Metric 
Conversion Factors.'' The FHWA has determined that the interim metric 
values selected by the AASHTO documents are functionally equivalent to 
English system measurements previously adopted by notice and comment 
rulemaking.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              06/11/96                    61 FR 29624
Comment Period End              08/11/96
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: The FHWA initiated a phased five-year plan to 
convert its activities and business operations to the metric system of 
weights and measures as required by the Metric Conversion Act of 1975 
(Pub. L. 94-168, 89 Stat. 1007), as amended by sec. 5164 of the Omnibus 
Trade and Competitiveness Act of 1988 (Pub. L. 100-418, 102 Stat. 1107, 
1451).

Agency Contact: Ernest Huckaby, Office of Highway Safety, Department of 
Transportation, Federal Highway Administration, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-9064

RIN: 2125-AD63
_______________________________________________________________________




2314. STANDARDS FOR CENTER LINE AND EDGE LINE MARKINGS ON STREETS AND 
HIGHWAYS

Priority:  Substantive, Nonsignificant

Legal Authority:  23 USC 109(d); 23 USC 114(a); 23 USC 315; 23 USC 
402(a); PL 102-388

CFR Citation:  23 CFR 655

Legal Deadline: None

Abstract: The Manual on Uniform Traffic Control Devices (MUTCD) is 
incorporated by reference in 23 CFR part 655, subpart F, and recognized 
as the national standard for traffic control on all public roads. The 
DOT and Related Agencies Appropriations Act of 1992, Pub. L. 102-388, 
sec. 406, requires that the MUTCD include a national standard to define 
the roads that must have center line or edge line markings or both. The 
MUTCD amendments in this action will improve traffic operations and 
safety, provide national standards and guidance to establish uniform 
application and use of center line and edge line markings on streets 
and highways.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/02/96                    61 FR 40484
NPRM Comment Period End         05/02/97
Final Action                    06/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Governmental Jurisdictions

Government Levels Affected: None

Agency Contact: Ernest D. L. Huckaby, Office of Highway Safety, 
Department of Transportation, Federal Highway Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-9064

RIN: 2125-AD68
_______________________________________________________________________




2315. FEDERAL-AID HIGHWAY SYSTEMS

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  23 USC 103(b); 23 USC 103(c); 23 USC 315

CFR Citation:  23 CFR 470

Legal Deadline: None

Abstract: This regulatory action amends 23 CFR 470 in accordance with 
legislation enacted in 1991, 1995, and 1998. The Intermodal Surface 
Transportation Efficiency Act of 1991 (ISTEA) rescinded the Federal-aid 
Primary and Secondary and Urban Systems; established an interim 
National Highway System (NHS); and defined Federal-aid highways. The 
NHS Designation Act of 1995 (NHS Act) authorized the initial National 
Highway System and also authorized the Secretary to approve 
modifications. The Transportation Equity Act for the 21st

[[Page 21669]]

Century (TEA-21) authorized the initial NHS connectors to major 
intermodal terminals and recodified 23 U.S.C. 103 (Federal-aid 
systems). The action also consolidates in appendices all nonregulatory 
guidance material issued previously by the FHWA on Federal-aid highway 
systems.


Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              06/19/97                    62 FR 33351
Interim Final Rule Effective    07/21/97
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: The FHWA issued an interim final rule with an 
opportunity for public comment. The FHWA believes that prior notice and 
opportunity for comment were unnecessary within the meaning of 5 U.S.C. 
553(b)(3)(B) because this rule amends existing regulations in 
accordance with the requirements of the ISTEA and the NHS Act and will 
simplify administrative procedures, minimize regulatory burdens, and 
provide flexibility for accomplishing required system actions. This 
rule amends regulations that the states comply with as part of the 
Federal-aid highway program. The FHWA has worked closely with the 
States, and the States have operated under the basic policies covered 
by this regulation for many years. A number of technical revisions are 
required as a result of the TEA-21 recodification of 23 U.S.C. 103, 
including incorporation of the provisions of former 23 U.S.C. 139 
(Additions to Interstate System).

Agency Contact: Jill Hochman, Director, Office of Intermodal and 
Statewide Programs, Department of Transportation, Federal Highway 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-5370

RIN: 2125-AD74
_______________________________________________________________________




2316. +RAILROAD GRADE CROSSING SAFETY

Priority:  Other Significant

Legal Authority:  PL 102-240; PL 103-311; 49 USC 5101; 49 USC 31136; 49 
USC 31502

CFR Citation:  49 CFR 392; 49 CFR 1.48

Legal Deadline:
Final, Statutory, February 26, 1995, See P.L. 103-311; sec. 112.

Abstract: This action prohibits operators of commercial motor vehicles 
from driving onto a railroad grade crossing unless there is sufficient 
space to drive completely through the crossing without stopping. The 
intent of this action is to reduce the incidence of collisions between 
trains and CMVs. This action is required by the Hazardous Materials 
Transportation Authorization Act of 1994 (PL 103-311; sec. 112). This 
action is considered significant because of substantial public 
interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/30/98                    63 FR 40691
NPRM Comment Period End         11/27/98
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: David Lehrman, Office of Motor Carrier Research and 
Standards, Department of Transportation, Federal Highway 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-0994

RIN: 2125-AD75
_______________________________________________________________________




2317. UNIFORM PROCEDURES FOR STATE HIGHWAY SAFETY PROGRAMS

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  23 USC 402

CFR Citation:  23 CFR 1200

Legal Deadline: None

Abstract: The FHWA has streamlined the Sec. 402 grant approval process. 
In a separate notice (60 FR 47418) the FHWA announced the creation of a 
pilot highway safety program for FY 1996 State highway programs under 
23 USC 402 and the waiver of certain procedures for States that have 
elected to participate in the pilot program.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              06/26/97                    62 FR 34397
Interim Final Effective         06/26/97
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Mila Plosky, Department of Transportation, Federal 
Highway Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-6902

RIN: 2125-AD79
_______________________________________________________________________




2318. RAILROAD HIGHWAY PROJECTS

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  23 USC 315; 23 USC 109(e); 23 USC 120(c); 23 USC 130

CFR Citation:  23 CFR 140; 23 CFR 646

Legal Deadline: None

Abstract: The FHWA amends its regulations on railroad highway projects. 
The amendments now require railroads to submit final billings within 
one year following completion of work, delete the requirements of a 
State's certification that work was completed, increase the ceiling for 
lump sum agreements from $25,000 to $100,000 and incorporate changes 
brought about by ISTEA. The FHWA believes these changes will conform 
railroad/highway regulations to more recent laws or regulations, and 
provide State highway agencies clarification and more flexibility in 
implementing them.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              08/27/97                    62 FR 45326
Comment Period End              10/27/97
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses, Governmental Jurisdictions

[[Page 21670]]

Government Levels Affected: State, Local

Additional Information: The FHWA intends to dispense with prior notice 
and opportunity for comment and to publish an interim final rule. The 
FHWA believes that prior notice and opportunity for comments are 
unnecessary because the changes it is making to existing regulations 
deal with billing procedures to be followed by the States and provide 
States greater flexibility with respect to an option already available 
to them to use lump sum agreements. The FHWA does not expect to receive 
useful comment on these changes. Nevertheless, in issuing an interim 
final rule, the FHWA is affording interested persons an opportunity to 
comment on these changes, and the FHWA will carefully consider any 
comments it receives before making this regulation final.

Agency Contact: Robert Winans, Federal-Aid and Design Division, 
Department of Transportation, Federal Highway Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-4656

RIN: 2125-AD86
_______________________________________________________________________




2319. REGISTRATION OF FOR-HIRE MOTOR CARRIERS, PROPERTY BROKERS, AND 
FREIGHT FORWARDERS

Priority:  Substantive, Nonsignificant

Legal Authority:  5 USC 553; 5 USC 559; 16 USC 1456; 49 USC 13101; 49 
USC 13301; 49 USC 13901 to 13905; 49 USC 14708; 49 USC 31138; 49 USC 
31144

CFR Citation:  49 CFR 365; 49 CFR 385

Legal Deadline: None

Abstract: This action governs registration of for-hire motor property 
and passenger carriers, property brokers, and freight forwarders. This 
action is required by 49 USC 13901 to 13905, which mandates that a 
registration system be administered by the Secretary of Transportation 
to replace the former Interstate Commerce Commission's licensing system 
for motor carriers, property brokers, and freight forwarders. The 
registration system prescribed in 49 USC 13901 to 13905 is intended to 
be a temporary and stand-alone procedure while the FHWA undertakes to 
design and implement the revised system through the 49 USC 13908 
rulemaking mandated by Congress to be completed by January 1, 1998.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/13/98                     63 FR 7362
NPRM Comment Period End         04/14/98
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Patricia Burke, Office of Motor Carrier Research and 
Standards, Department of Transportation, Federal Highway 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 358-7041

RIN: 2125-AE01
_______________________________________________________________________




2320. +PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION; REAR IMPACT 
GUARDS AND REAR IMPACT PROTECTION

Priority:  Other Significant

Legal Authority:  PL 102-240, sec 1041(b); 49 USC 31136; 49 USC 31502

CFR Citation:  49 CFR 393; 49 CFR 1.48

Legal Deadline: None

Abstract: In this action would require that certain trailers and 
semitrailers with a gross vehicle weight rating (GVWR) greater than 
10,000 pounds and manufactured on or after January 26, 1998, be 
equipped with rear impact guards and meet the requirements of Federal 
Motor Vehicle Safety Standard (FMVSS) No. 223. This action is intended 
to ensure that the rear impact protection requirements of the FMCSRs 
are consistent with the FMVSSs and to improve the safety of operation 
of commercial motor vehicles by reducing the incidence of underride 
accidents in which the rear end of the trailer strikes and enters the 
passenger compartment. This action is significant because of the 
substantial public interest in the prevention of rear underride 
accidents involving commercial motor vehicles.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/14/98                    63 FR 26759
NPRM Comment Period End         07/13/98
Final Action                    05/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: This rule is not considered to be significant 
under Executive Order 12866, but is significant under DOT Order because 
the FHWA expects that there will be significant public interest in the 
prevention of rear-underride accidents involving commercial motor 
vehicles.

Agency Contact: Larry W. Minor, Mechanical Engineer, Office of Motor 
Carrier Research and Standards, Department of Transportation, Federal 
Highway Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-4009

RIN: 2125-AE15
_______________________________________________________________________




2321. TRANSPORTATION OF HOUSEHOLD GOODS; CONSUMER PROTECTION REGULATIONS

Priority:  Substantive, Nonsignificant

Legal Authority:  5 USC 553; 49 USC 13301; 49 USC 14104

CFR Citation:  49 CFR 375; 49 CFR 377

Legal Deadline: None

Abstract: The FHWA amends the regulations governing the transportation 
of household goods. These regulations protect consumers who ship 
household goods by motor vehicle. This action is necessary to implement 
the ICC Termination Act of 1995, (ICCTA), Pub. L. 104-88, 109 Stat. 
803, and to update the regulations. The intended effect of this 
proposal is to make the regulations easier to read and understand, 
remove an outdated report, address hostage freight problems (situations 
where non-binding estimates are lower than actual charges and the 
carrier refuses to deliver freight even after 110 percent of the 
estimate is paid at the time of delivery), modify a consumer protection 
publication, consider industry requests to change the rules, and 
propose conforming and technical amendments.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/15/98                    63 FR 27126
NPRM Comment Period End         07/14/98
NPRM Extension and Reopening of 
Comment Period                  08/12/98                    63 FR 43128

[[Page 21671]]

NPRM Comment Period End         10/13/98
Final Action                    12/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: Janet Nunn, Office of Motor Carrier Research and 
Standards, Department of Transportation, Federal Highway 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-1790

RIN: 2125-AE30
_______________________________________________________________________




2322.  TRUCK SIZE AND WEIGHT; DEFINITIONS; NONDIVISIBLE

Priority:  Substantive, Nonsignificant

Legal Authority:  23 USC 127; 23 USC 315; 49 USC 31111 to 31114

CFR Citation:  23 CFR 658

Legal Deadline: None

Abstract: This action modifies the definition of nondivisible load or 
vehicle to include marked military vehicles. This will allow, but not 
require, States to issue overweight permits for such vehicles to 
operate on the Interstate System. States must adopt and enforce Federal 
weight standards for the Interstate System or risk the loss of certain 
Federal-aid highway funds. These standards are 20,000 pounds on a 
single axle, 34,000 pounds on a tandem axle, and the weights specified 
by the bridge formula, up to a maximum gross vehicle weight of 80,000 
pounds. In addition, all States may issue permits allowing nondivisible 
loads or vehicles that cannot be easily dismantled or divided, to use 
Interstate highways at weights above the normal Interstate limits.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/20/98                    63 FR 64434
NPRM Comment Period End         01/19/99
Final Action                    06/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: Undetermined

Agency Contact: Thomas Klimek, Department of Transportation, Federal 
Highway Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2212

RIN: 2125-AE43
_______________________________________________________________________




2323.  RIGHT-OF-WAY PROGRAM ADMINISTRATION

Priority:  Substantive, Nonsignificant

Legal Authority:  23 USC 101(a); 23 USC 107; 23 USC 108; 23 USC 111; 23 
USC 114; 23 USC 133; 23 USC 142(f)

CFR Citation:  23 CFR 710; 23 CFR 712; 23 CFR 713

Legal Deadline: None

Abstract: This action amends right-of-way regulations for federally 
assisted transportation programs. The regulations are arranged to 
follow the same sequence as the development and implementation of a 
Federal-aid project to assist the public and State transportation 
agency (STA) in locating regulations applicable to a specific point of 
interest. The amendments should clarify the State-Federal partnership.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/24/98                    63 FR 71238
NPRM Comment Period End         03/24/99
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: James E. Ware, Department of Transportation, Federal 
Highway Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2019

RIN: 2125-AE44
_______________________________________________________________________




2324.  +CREDIT ASSISTANCE FOR SURFACE TRANSPORTATION PROJECTS

Priority:  Economically Significant. Major under 5 USC 801.

Legal Authority:  PL 105-178, sec 1501

CFR Citation:  23 CFR 180

Legal Deadline: None

Abstract: This action is required by the Transportation Infrastructure 
Finance and Innovation Act of 1998 (TIFIA). It would establish a new 
credit assistance program for surface transportation projects; and the 
process by which the DOT, through the FHWA, the FRA, and the FTA, will 
administer the credit assistance. TIFIA authorizes DOT to provide 
secured (direct) loans, lines of credit, and loan guarantees to public 
and private sponsors of eligible surface transportation projects. 
Projects will be evaluated and selected by the Secretary of 
Transportation. The Unfunded Mandates Reform Act does not apply to the 
type of credit assistance involved in the TIFIA. ``Federal mandate'' as 
defined in the act, excludes financial assistance of the type involved 
in the TIFIA program. This action is considered economically 
significant because of highway, transit, and rail projects to be 
assisted under the TIFIA program.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/08/99                     64 FR 5996
NPRM Comment Period End         03/10/99
Final Action                    06/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Governmental Jurisdictions

Government Levels Affected: State, Local, Federal

Agency Contact: Max Inman, Chief, Federal-Aid Financial Management 
Division, Department of Transportation, Federal Highway Administration, 
400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-0673

RIN: 2125-AE49

[[Page 21672]]

_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                    Long-Term Actions


Federal Highway Administration (FHWA)



_______________________________________________________________________




2325. +QUALIFICATION OF DRIVERS; DIABETES

Priority:  Other Significant

Legal Authority:  49 USC 3102; 49 USC 2505; 23 USC 315

CFR Citation:  49 CFR 391.41(b)(3)

Legal Deadline: None

Abstract: The FHWA is considering revising the driver qualification 
requirements to allow certain insulin-using diabetics to operate 
commercial motor vehicles in interstate commerce. The FHWA issued a 
final disposition accepting waiver applications under certain 
conditions. The deadline for submitting applications was April 30, 
1994. The waiver program ended March 31, 1996. It was instituted to 
permit the FHWA to observe and collect data on the driving experience 
of a group of insulin-using drivers. This action is considered 
significant because of substantial public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           11/25/87                    52 FR 45204
ANPRM Comment Period End        12/28/87
ANPRM Comment Period Extended to 
02/01/88                        01/04/88                       53 FR 42
NPRM                            10/05/90                    55 FR 41028
NPRM Comment Period Extended to 
01/03/91                        11/01/90                    55 FR 46080
NPRM Comment Period End         12/04/90
Notice of Intent To Issue 
Waivers: Comment Request        10/21/92                    57 FR 48011
Final Action To Accept Waivers  07/29/93                    58 FR 40690


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Under RIN 2125-AD73, the FHWA adopted a final 
rule to allow drivers holding valid waivers from both the vision and 
diabetes standards to continue to operate in interstate commerce after 
March 31, 1996. See 61 FR 606 (Jan. 8, 1996) (notice of proposed 
rulemaking); 61 FR 13338 (March 26, 1996) (final rule); 61 FR 17253 
(April 19, 1996) (final rule; technical correction). With the closing 
of the diabetes waiver study (03-31-96), no definitive empirical 
results were produced. Therefore, the FHWA initiated a retrospective 
case-referent study to assess the level of risk associated with the 
operation of commercial motor vehicles by insulin-using diabetic 
drivers. This is not a waiver study. Further rulemaking on diabetes is 
deferred until the completion of the retrospective case-referent study, 
expert panel review and the TEA-21 feasibility study (12-31-99).
Section 4019 of the Transportation Equity Act for the 21st Century 
(TEA-21), directs the FHWA to determine if it is practical and cost 
effective to have a program that allows insulin-treated diabetic 
drivers to operate CMVs in interstate commerce.
The FHWA will establish a panel of medical experts to develop 
medically-based recommendations for amending the current Federal 
diabetes standard and for establishing, if appropriate, a screening 
protocol for qualifying insulin-treated diabetic commercial drivers.
ANALYSIS: Regulatory Evaluation, 10/05/90, 55 FR 41028

Agency Contact: Sandra L. Zywokarte, Health and Welfare Specialist, 
Department of Transportation, Federal Highway Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-2981

RIN: 2125-AB91
_______________________________________________________________________




2326. +COMMERCIAL DRIVER'S LICENSE STANDARDS; BIOMETRIC IDENTIFIER

Priority:  Other Significant

Legal Authority:  PL 100-690, sec 9105

CFR Citation:  49 CFR 383

Legal Deadline:
Final, Statutory, December 31, 1990.

Abstract: This action was initiated to improve identification systems 
for truck and bus drivers as identified by the Congress in the Truck 
and Bus Regulatory Reform Act of 1988. Alternatives that were 
considered included retinal eye scans and advanced fingerprint 
technologies. After (1) further review, (2) a careful analysis of 
public comments submitted to the ANPRM, and (3) a review of 
demonstration project results, the FHWA has determined that current 
technology has not progressed to the point where an identification 
system could be established nationwide in a cost-effective manner and 
still provide the benefits for which a system was intended. Therefore, 
the FHWA has published an informational notice to summarize the results 
of the pilot study and the comments to the ANPRM to demonstrate how the 
technologies studied fall short of the demands in a commercial 
licensing environment. Additional studies are being conducted to assess 
the current state of the art of technology in biometric identification 
systems. The public docket will remain open while this research is 
being conducted. This project is considered significant because of 
substantial public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           05/15/89                    54 FR 20875
ANPRM Comment Period End        07/14/89
Information Notice              03/08/91                     56 FR 9925


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: State

Additional Information: 
ANALYSIS: Regulatory Evaluation

Agency Contact: Phil Forjan, Transportation Specialist, Office of Motor 
Carrier Standards, Department of Transportation, Federal Highway 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-4009

RIN: 2125-AC24
_______________________________________________________________________




2327. +FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL; PERIODIC 
REGISTRATION REQUIREMENTS FOR MOTOR CARRIERS

Priority:  Other Significant

Legal Authority:  49 USC 31502; 49 USC 31103; 49 USC 31136

CFR Citation:  49 CFR 390

Legal Deadline: None

Abstract: The FHWA is proposing to require all motor carriers subject 
to the Federal Motor Carrier Safety Regulations (FMCSRs) to 
periodically update certain company information maintained by the 
agency in a national interstate motor carrier census file. This 
proposal delineates the information

[[Page 21673]]

which motor carriers may be required to update every 2 years, as well 
as the methods motor carriers may have available to them to provide 
such information.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           07/17/89                    54 FR 29912
ANPRM Comment Period End        09/15/89


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Please note that this action (2125-AC28) was 
previously titled ``Federal Motor Carrier Safety Regulations; General; 
Motor Vehicle Marking.'' A new RIN has been assigned for this subject. 
See 2125-AD49 for further information about motor vehicle marking 1992 
Agenda.
ANALYSIS: Regulatory Evaluation

Agency Contact: Neill L. Thomas, Department of Transportation, Federal 
Highway Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-5884

RIN: 2125-AC28
_______________________________________________________________________




2328. TRUCK LENGTH AND WIDTH EXCLUSIVE DEVICES

Priority:  Substantive, Nonsignificant

Legal Authority:  23 USC 315; PL 97-424, sec 411; PL 97-424, sec 416

CFR Citation:  23 CFR 658

Legal Deadline: None

Abstract: The FHWA requested public comment on how, under section 
411(h) and 416(b) of the Surface Transportation Act of 1982 (STA) (PL 
97-424, 96 Stat. 2097), the Secretary may determine which safety or 
efficiency-enhancing devices are to be excluded when measuring the 
length and width of vehicles for compliance with federally mandated 
dimensions. The present system of employing rulemaking proceedings is 
too time-consuming and cumbersome to meet the needs of industry and is 
needlessly burdensome for FHWA. Therefore, a new approach will be 
proposed.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           12/26/89                    54 FR 52951
ANPRM Comment Period Extended to 
06/01/90                        03/21/90                    55 FR 10468
ANPRM Comment Period End        03/26/90
ANPRM Docket Reopened; Comment 
Period Extended to 08/21/90     06/22/90                    55 FR 25673


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: State

Agency Contact: Tom Klimek, Transportation Specialist, Department of 
Transportation, Federal Highway Administration, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-2212

RIN: 2125-AC30
_______________________________________________________________________




2329. PERIODIC INSPECTION REQUIREMENTS

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 31131; 49 USC 31137; 49 USC 31142

CFR Citation:  49 CFR 396

Legal Deadline: None

Abstract: The FHWA is proposing to amend its periodic inspection 
requirements for commercial motor vehicles operated in interstate 
commerce. The periodic inspection final rule was published on December 
7, 1988, at 53 FR 49402, and amended on December 8, 1989, at 54 FR 
50722. The December 8, 1989, amendment included a request for comments. 
In response to the comments received and requests for interpretations 
from the States and industry, the FHWA has determined that the rule 
should be amended to clarify the requirements for periodic inspection 
decals; evidence of the inspector's qualifications; the response time 
for a motor carrier to transmit a copy of a self-inspection report to 
an authorized Federal, State or local enforcement official; identity of 
the motor carrier or other entity offering a vehicle for inspection; 
and documentation of a State periodic inspection, including proof of 
inspection on vehicles. The FHWA is also proposing amendments 
concerning the inspection criteria for brake readjustment limits, brake 
lining thickness, coupling devices, steering mechanism, tires marked 
``Not for Highway Use'', and regrooved tires on steering axles.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice: Request for Comments    03/16/89                    54 FR 11020
Final Rule: Delay in Compliance 
Date                            12/08/89                    54 FR 50722
Notice: State Inspection 
Programs                        12/08/89                    54 FR 50726
Petition: Comment Period End 07/
02/90                           05/02/90                    55 FR 18355
Notice: State Inspection 
Programs                        09/23/91                    56 FR 47982
Denial of Petition              07/02/92                    57 FR 29457


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Larry W. Minor, Department of Transportation, Federal 
Highway Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2981

RIN: 2125-AC47
_______________________________________________________________________




2330. +QUALIFICATION OF DRIVERS; VISION

Priority:  Other Significant

Legal Authority:  49 USC 2505; 49 USC 3102

CFR Citation:  49 CFR 391

Legal Deadline: None

Abstract: As part of a review of the medical qualification standards 
applicable to interstate CMV drivers, the FHWA requested comments on 
the need, if any, to amend its driver qualification requirements 
relating to the vision standard. A temporary waiver program was 
initiated and was concluded on March 31, 1996, to permit the FHWA to 
observe and collect data on the driving experience of a group of 
vision--deficient drivers who meet certain preconditions. Additionally, 
the FHWA considered further research to develop

[[Page 21674]]

comprehensive performance-based visual standards for all commercial 
drivers. Information about the proposed research plan and public 
hearing on the subject was published in the Federal Register on June 5, 
1996, at 61 FR 28547. The FHWA has awarded a contract with a medical 
center to develop medically-based recommendations for amending the 
current Federal vision requirements. Recommendations were delivered in 
October, 1998. These recommendations are being evaluated and considered 
in deciding what, if any, further proposals should be made concerning 
the vision standard.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           02/28/92                     57 FR 6793
ANPRM Comment Period End        04/28/92
Notice Request for Comments     06/05/96                    61 FR 28547


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Additional Information: Under RIN 2125-AD73, the FHWA adopted a final 
rule to allow drivers holding valid waivers from both the vision and 
diabetes standards to continue to operate in interstate commerce after 
March 31, 1996. See 61 FR 606 (Jan. 8, 1996) (notice of proposed 
rulemaking); 61 FR 13338 (March 26, 1996) (final rule) 61 FR 17253 
(April 19, 1996) (final rule; technical correction). (See notices 
published at 57 FR 6793, February 28, 1992; 57 FR 10295, March 25, 
1992; 57 FR 22370, June 3, 1992; 59 FR 50887, October 6, 1994; 59 FR 
59386, November 17, 1994.

Agency Contact: Sandra L. Zywokarte, Health and Welfare Specialist, 
Department of Transportation, Federal Highway Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-2981

RIN: 2125-AC62
_______________________________________________________________________




2331. PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION: INTERMODAL 
CARGO CONTAINERS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 31136; 49 USC 31502

CFR Citation:  49 CFR 393; 49 CFR 1.48

Legal Deadline: None

Abstract: This rulemaking action addresses the requirements of the 
Federal Motor Carrier Safety Regulations for securing intermodal cargo 
containers to trailers.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           08/23/93                    58 FR 44485
ANPRM Comment Period End        11/22/93


Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Larry W. Minor, Mechanical Engineer, Office of Motor 
Carrier Research and Standards, Department of Transportation, Federal 
Highway Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-4012

RIN: 2125-AC74
_______________________________________________________________________




2332. +FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL TRANSPORTATION 
OF HAZARDOUS MATERIALS

Priority:  Other Significant

Legal Authority:  49 USC 5105; 49 USC 5109

CFR Citation:  49 CFR 390.3; 49 CFR 397; 49 CFR 1.48

Legal Deadline:
Final, Statutory, November 15, 1991.

Abstract: This rulemaking will implement the statutory requirements of 
49 USC 5109 and 49 USC 5105. Section 5109 addresses the establishment 
of motor carrier safety permit regulations for motor carriers 
transporting Class A or B explosives, liquefied natural gases, 
hazardous materials designated as extremely toxic by inhalation, or 
highway route controlled quantity radioactive materials. Section 5105 
requires inspection of vehicles transporting those radioactive 
materials before each trip. The proposed rule will incorporate those 
provisions into the safety permit regulations. This action is 
considered significant because of substantial public and congressional 
interest and safety implications.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/17/93                    58 FR 33418
NPRM Comment Period End         08/16/93


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 06/17/93, 58 FR 33418

Agency Contact: Larry W. Minor, Mechanical Engineer, Office of Motor 
Carrier Research and Standards, Department of Transportation, Federal 
Highway Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-4009

RIN: 2125-AC78
_______________________________________________________________________




2333. +QUALIFICATIONS OF DRIVERS: HEARING DEFICIENCIES

Priority:  Other Significant

Legal Authority:  49 USC 3102; 49 USC 2505

CFR Citation:  49 CFR 391; 49 CFR 1.48

Legal Deadline: None

Abstract: FHWA is considering amending its driver qualification 
requirements relating to the hearing standard found at 49 CFR 
391.41(b)(11). FHWA believes that a review of the standard is necessary 
to assess the effect advances in medical science and technology may 
have on the standard. Such advances may lead to amending the current 
standard. The FHWA published an ANPRM (FHWA Docket No. MC-93-30) 
seeking comment on the hearing standard. This action is considered 
significant because of substantial public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           12/15/93                    58 FR 65634
ANPRM Comment Period Extended to 
04/05/94                        02/04/94                     59 FR 5376
ANPRM Comment Period End        02/14/94


Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

[[Page 21675]]

Government Levels Affected: Undetermined

Additional Information: A related notice regarding possible waivers was 
published at 58 FR 65638 (Dec. 15, 1993). The FHWA has decided not to 
issue waivers in light of the recent decision of the U.S. Court of 
Appeals for the DC Circuit in Advocates for Highway and Auto Safety v. 
the Federal Highway Administration, No. 92-1411, August 2, 1994. In 
that case, the FHWA rule allowing commercial drivers with impaired 
vision in one eye to apply for waivers from the Federal vision standard 
was struck down because the Court of Appeals held that the agency 
lacked the data necessary to support its determination that the vision 
waiver program ``is consistent with the safe operation of commercial 
motor vehicles.'' The FHWA initiated research in FY 1995 to determine 
if the hearing requirement is necessary and if so, what criteria it 
should encompass in relationship to driving tasks. The research was 
completed in August 1997 and the FHWA is not amending the current 
hearing standard at this time.

Agency Contact: Albert Alvarez, Transportation Specialist, Department 
of Transportation, Federal Highway Administration, 400 Seventh Street 
SW., Washington, DC 20590
Phone: 202 366-4706

RIN: 2125-AD22
_______________________________________________________________________




2334. HIGHWAY BEAUTIFICATION

Priority:  Substantive, Nonsignificant

Legal Authority:  23 USC 131; 23 USC 315; 49 USC 1651

CFR Citation:  23 CFR 750

Legal Deadline: None

Abstract: The revision of these subparts will reduce their complexity, 
recognize the existence of State laws, regulations, and organizations 
implementing 23 USC 131, and emphasize the position of the State as the 
initial, primary, and principal focal point regarding the requirement 
of effective control. Potential costs should be reduced, albeit 
minimally. The principal benefit will be to give the States greater 
ability, in the context of the broad requirements of 23 USC 131, to 
respond to concepts and issues relevant to the States. We have been 
reviewing these regulations with the intent to focus on changes 
necessitated by ISTEA. We are continuing this review in order to be 
able to accommodate additions or changes effected by reauthorization of 
ISTEA.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: FHWA intends to continue review and analysis of 
all aspects of the HBA under RIN 2125-AD24 to propose changes to reduce 
the complexity of the highway beautification regulations and to 
emphasize the role of the State in its implementation. Intended changes 
which appeared in a prior Agenda under RIN 2125-AD88 related to the 
Dire Emergency Supplemental Appropriations Act of 1992 have been 
suspended and consolidated under this rulemaking.

Agency Contact: Robert A. Johnson, Chief, Program Services Division, 
Office of Real Estate Services, Department of Transportation, Federal 
Highway Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2020

RIN: 2125-AD24
_______________________________________________________________________




2335. PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION; SLEEPER BERTHS 
ON MOTOR COACHES

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 31136; 49 USC 31502

CFR Citation:  49 CFR 393; 49 CFR 1.48

Legal Deadline: None

Abstract: Comments have been sought on the suitability of existing 
driver sleeper berth regulations for motor coaches and possible 
amendment to account for design differences between trucks and motor 
coaches.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           01/12/94                     59 FR 1706
ANPRM Comment Period End        03/14/94


Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Larry W. Minor, Mechanical Engineer, Office of Motor 
Carrier Research and Standards, Department of Transportation, Federal 
Highway Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-4009

RIN: 2125-AD25
_______________________________________________________________________




2336. MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) ALLOCATION FORMULA

Priority:  Substantive, Nonsignificant

Legal Authority:  PL 102-240, sec 4002

CFR Citation:  49 CFR 350

Legal Deadline: None

Abstract: This action would modify the Motor Carrier Safety Assistance 
Program (MCSAP) distribution formula to allow States with incompatible 
intrastate regulations limited participation in the basic grant program 
beyond October 1, 1994. It does not change the distribution formula 
pertaining to those States that have achieved compatibility with 
respect to both interstate and intrastate transportation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              02/03/94                     59 FR 5262
Interim Final Rule Effective    03/07/94
Interim Final Rule Comment 
Period End                      04/04/94


Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Linda Taylor, Office of Motor Carrier Field Operations, 
Department of Transportation, Federal Highway Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-6308

RIN: 2125-AD30
_______________________________________________________________________




2337. +HOURS OF SERVICE OF DRIVERS; SUPPORTING DOCUMENT RECORDKEEPING

Priority:  Other Significant

Legal Authority:  PL 103-311

CFR Citation:  49 CFR 395.8

Legal Deadline:
NPRM, Statutory, August 26, 1995.

[[Page 21676]]

Final, Statutory, February 26, 1996.

Abstract: A record of duty status is required to be prepared for each 
day a driver operates a commercial motor vehicle in interstate 
commerce. All motor carriers are required to maintain the record of 
duty status for at least 6 months along with all documents that support 
the accuracy of the record of duty status. The Hazardous Materials 
Transportation Authorization Act of 1994 mandates the FHWA to specify 
what documents must be maintained to support the accuracy of the record 
of duty status. This rule will implement the statutory mandate that 
requires the agency to describe the type of supporting documents to be 
generated and maintained, as well as specify the quantity and length of 
time to maintain the supporting documents.
The FHWA is analyzing the comments. The FHWA is also analyzing the 
extent to which the rule overlaps, duplicates, and conflicts existing 
regulations. Comments predominantly suggest FHWA delay this action 
until the FHWA has proposed new hours of service rules and new 
recordkeeping systems under RIN 2125-AD93.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/20/98                    63 FR 19457
NPRM Comment Period End         06/19/98


Next Action Undetermined

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: State, Local, Federal

Agency Contact: David Miller, Transportation Specialist, Department of 
Transportation, Federal Highway Administration, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-1790

RIN: 2125-AD52
_______________________________________________________________________




2338. ADVANCED CONSTRUCTION OF FEDERAL AID PROJECTS

Priority:  Substantive, Nonsignificant

Legal Authority:  23 USC 101(a); 23 USC 104 to 106; 23 USC 109; 23 USC 
110; 23 USC 113; 23 USC 115; 23 USC 118; 23 USC 120(e); 23 USC 121(c); 
23 USC 125; 23 USC 134; 23 USC 315; 23 USC 320

CFR Citation:  23 CFR 630; 23 CFR 1.32; 49 CFR 1.48

Legal Deadline: None

Abstract: The FHWA is amending its regulation on advance construction 
of Federal-aid highway projects to incorporate changes made by the Dire 
Emergency Supplemental Appropriations Act, 1992, Pub. L. 102-302, 106 
Stat. 248, and to provide more flexible funding arrangements for the 
States.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              07/19/95                    60 FR 36991
Comment Period End              09/18/95


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: State

Agency Contact: Max Inman, Office of Budget and Finance, Department of 
Transportation, Federal Highway Administration, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-2853

RIN: 2125-AD59
_______________________________________________________________________




2339. +TRANSPORTATION OF MIGRANT WORKERS

Priority:  Other Significant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 5901 to 5907; 49 USC 31132; 49 USC 31133; 49 
USC 31136; 49 USC 31502; 49 USC 31504

CFR Citation:  49 CFR 390; 49 CFR 392; 49 CFR 398; 49 CFR 1.48

Legal Deadline: None

Abstract: The FHWA is considering the continued need, if any, for its 
specific regulations on the transportation of migrant workers under 49 
CFR 398. This action also proposes transferring certain definitions and 
driving requirements from part 398 to parts 390 and 392. These changes 
would eliminate redundant regulations in part 398 and enhance the 
safety of migrant workers transported in interstate commerce. This 
action is considered significant due to substantial public interest. 
The FHWA is analyzing whether to add this to the RIN 2125-AE42.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: State, Local, Federal

Agency Contact: David Miller, Transportation Specialist, Department of 
Transportation, Federal Highway Administration, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-1790

RIN: 2125-AD81
_______________________________________________________________________




2340. INSPECTION, REPAIR, AND MAINTENANCE

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 31133; 49 USC 31136; 49 USC 31502

CFR Citation:  49 CFR 396

Legal Deadline: None

Abstract: This action involves the use of technology to reduce 
recordkeeping. The FHWA issued a notice (60 FR 46682) requesting 
comments from motor carriers, vehicle and component manufacturers, 
technology vendors and the public on the use of advanced driver, 
vehicle and inspection technology. The FHWA plans to evaluate existing 
technologies to determine if they could be used to simplify or automate 
compliance with any of the FMCSRs without compromising public safety.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Larry W. Minor, Mechanical Engineer, Office of Motor 
Carrier Research and Standards, Department of Transportation, Federal 
Highway Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-4012

RIN: 2125-AD82


_______________________________________________________________________



[[Page 21677]]

2341. +MOTOR CARRIER REPLACEMENT INFORMATION/REGISTRATION SYSTEM

Priority:  Other Significant

Legal Authority:  49 USC 13908

CFR Citation:  49 CFR 36

Legal Deadline:
Final, Statutory, January 1, 1998, See 49 U.S.C. 13908 for more 
detailed information.

Abstract: This action is in response to the requirements of section 103 
of the Interstate Commerce Commission Termination Act of 1995, which 
added 49 USC 13908. This section requires the Secretary to initiate a 
rulemaking proceeding to replace the current DOT identification number 
system, single State registration system, the registration/licensing 
system, and the financial responsibility system, with a single, on-line 
Federal system. This action is considered significant due to 
substantial public interest. Statutory deadline not met due to range 
and depth of issues involved.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           08/26/96                    61 FR 43816
ANPRM Comment Period End        10/25/96


Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Dixie E. Horton, Office of Motor Carrier Planning and 
Customer Liaison, Department of Transportation, Federal Highway 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-4340

RIN: 2125-AD91
_______________________________________________________________________




2342. GENERAL JURISDICTION OVER FREIGHT FORWARDER SERVICE

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 13701; 49 USC 13709; 49 USC 13906; 49 USC 
14101; 49 USC 14706

CFR Citation:  49 CFR 373

Legal Deadline: None

Abstract: This action gives notice of the FHWA's general jurisdiction 
over all segments of the freight forwarding industry (not just 
household good freight forwarders), in accordance with the ICC 
Termination Act of 1995, proposes changes to existing regulations to 
comport with those mandated by Congress, and clarifies the FHWA's 
jurisdiction over freight forwarders in other areas.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/28/97                     62 FR 4096
NPRM Comment Period End         03/31/97


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Larry W. Minor, Mechanical Engineer, Office of Motor 
Carrier Research & Standards, Department of Transportation, Federal 
Highway Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-4012

RIN: 2125-AE00
_______________________________________________________________________




2343. TRAFFIC CONTROL DEVICES, MARKINGS, SIGNALS, AND SYSTEMS FOR 
RAILROAD-HIGHWAY GRADE CROSSINGS

Priority:  Substantive, Nonsignificant

Legal Authority:  23 USC 109(d); 23 USC 114(a); 23 USC 315; 23 USC 
402(a)

CFR Citation:  23 CFR 655

Legal Deadline: None

Abstract: This document adds new text for the Manual on Uniform Traffic 
Control Devices (MUTCD) in part III, markings; in part IV, signals; and 
in part VIII, traffic control systems for railroad-highway grade 
crossings. The purpose of these amendments is to include metric 
dimensions and values for the design and installation of traffic 
control devices and to improve the organization and discussion of the 
contents of the MUTCD.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Proposed Amendments   01/06/97                      62 FR 691
Comment Period End              08/30/97
Final Action                    09/00/00

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Linda L. Brown, Department of Transportation, Federal 
Highway Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2192

RIN: 2125-AE11
_______________________________________________________________________




2344. +ENGLISH LANGUAGE REQUIREMENT; QUALIFICATIONS OF DRIVERS

Priority:  Other Significant

Legal Authority:  49 USC 504; 49 USC 31133; 49 USC 31136; 49 USC 31502

CFR Citation:  49 CFR 391; 49 CFR 1.48

Legal Deadline: None

Abstract: The current regulation is little changed from the original 
rule adopted in 1936. The American Civil Liberties Union (ACLU) has 
written to the Department asserting that the regulation, as written, is 
overly broad and subject to arbitrary enforcement, causing potential 
interference with constitutional guarantees of due process and equal 
protection. The ACLU requested an opportunity to submit a comprehensive 
analysis of this issue. This ANPRM is intended to provide the ACLU with 
such an opportunity and to open this issue for public comment. The FHWA 
seeks to modify its current regulation to require drivers to possess 
the basic functional communication/comprehension ability necessary to 
ensure safety, consistent with applicable law. This action is 
considered significant because of substantial public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           08/26/97                    62 FR 45200
ANPRM Comment Period End        10/27/97


Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Richard H. Singer, Transportation Specialist, 
Department of Transportation, Federal Highway Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-4009

RIN: 2125-AE19


_______________________________________________________________________



[[Page 21678]]

2345. REVISION OF MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES; GENERAL 
PROVISIONS AND TRAFFIC CONTROL FOR SCHOOL AREAS

Priority:  Substantive, Nonsignificant

Legal Authority:  23 USC 109(d); 23 USC 114(a); 23 USC 315; 23 USC 
402(a)

CFR Citation:  23 CFR 655; 23 CFR 1.32; 49 CFR 1.48

Legal Deadline: None

Abstract: In this action, new text for the MUTCD, part 1, General 
Provisions and part 7, Traffic Control for School Areas, is proposed. 
The purpose of such revision is to reformat the text for clarity of 
intended meanings, to include metric dimensions and values for the 
design and installation of traffic control devices, and to improve the 
overall organization and discussion of the contents in the MUTCD. The 
proposed changes in this action are intended to expedite traffic, 
promote uniformity, improve safety, and incorporate technology advances 
in traffic control device applications.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Proposed Amendments   12/05/97                    62 FR 64324
Comment Period End              09/08/98


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Governmental Jurisdictions

Government Levels Affected: None

Agency Contact: Linda Brown, Office of Highway Safety, Department of 
Transportation, Federal Highway Administration, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-2192

RIN: 2125-AE25
_______________________________________________________________________




2346. OUT-OF-SERVICE CRITERIA

Priority:  Substantive, Nonsignificant

Unfunded Mandates: Undetermined

Legal Authority:  49 USC 31133; 49 USC 31136; 49 USC 31310; 49 USC 
31502; PL 104-59

CFR Citation:  49 CFR 395; 49 CFR 396; 49 CFR 1.48

Legal Deadline: None

Abstract: This action seeks public comment on the ``North American 
Uniform Out-of-Service Criteria'' (OOS Criteria). During roadside 
inspections, Federal, State, and local safety inspectors use the OOS 
Criteria as a guide in determining whether to place commercial motor 
vehicles (CMVs), or their drivers, ``out of service.'' Such a status 
means that the CMVs or drivers are so unsafe that corrections must be 
undertaken before operations can resume. The FHWA is seeking public 
comment on the future scope and effect of the OOS Criteria, which are 
not part of the Federal Motor Carrier Safety Regulations (FMCSRs). In 
addition, the FHWA is seeking information regarding whether it needs to 
formalize these guidelines pursuant to a notice and comment rulemaking.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           07/20/98                    63 FR 38791
ANPRM Comment Period End        09/18/98
Extension of Comment Period     10/09/98                    63 FR 54432
Comment Period End              12/08/98


Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Robert F. Schultz, Jr., Department of Transportation, 
Federal Highway Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-4009

RIN: 2125-AE35
_______________________________________________________________________




2347. REVISION OF THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES; PART 
II--SIGNS

Priority:  Substantive, Nonsignificant

Legal Authority:  23 USC 109(d); 23 USC 114 (a); 23 USC 315; 23 USC 402

CFR Citation:  23 CFR 655; 23 CFR 1.32; 23 CFR 1.48

Legal Deadline: None

Abstract: Revision of the MUTCD is being done in phases due to the 
voluminous amount of text. This notice of proposed amendment represents 
the third phase of the rewrite effort and embraces proposed changes for 
part II -- signs. This action is intended to rewrite and reformat the 
text for clarity of intended meanings; to include metric dimensions and 
values for the design and installation of traffic control devices; to 
improve the overall organization and discussion; and to propose changes 
that will enhance the mobility of all road users, promote uniformity, 
improve traffic safety by reducing the potential for run-off-road 
incidents, and incorporate technology advances in traffic control 
device application.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/11/98                    63 FR 31950
Comment Period End              03/11/99
Final Action                    09/00/00

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Governmental Jurisdictions

Government Levels Affected: State, Local

Agency Contact: Linda Brown, Department of Transportation, Federal 
Highway Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2192

RIN: 2125-AE38
_______________________________________________________________________




2348. NATIONAL STANDARDS FOR TRAFFIC CONTROL DEVICES; MUTCD; MINIMUM 
RETROREFLECTIVITY REQUIREMENTS FOR TRAFFIC SIGNS

Priority:  Substantive, Nonsignificant

Legal Authority:  23 USC 101; 23 USC 104; 23 USC 105; 23 USC 109(d); 23 
USC 114(a); 23 USC 135; 23 USC 217; 23 USC 307; 23 USC 315; 23 USC 
402(a); PL 102-388

CFR Citation:  23 CFR 1.32; 49 CFR 1.48

Legal Deadline: None

Abstract: Revisions to the MUTCD are being done in phases due to the 
voluminous amount of text. This notice of proposed amendment is 
intended to revise the MUTCD to include a standard for a minimum level 
of retroreflectivity that must be maintained for traffic signs. This 
minimum level is to ensure that highway users can detect and read the 
sign during nighttime conditions. Although the MUTCD states that 
regulatory and warning signs, and some guide signs, need to 
reflectorize, no level of retroreflectivity is specified. In 
recognition of this situation, the United States Congress directed the 
U.S.

[[Page 21679]]

Department of Transportation, through the 1993 Department of 
Transportation Appropriations Act, to revise the MUTCD to include a 
standard for minimum levels of retroreflectivity that must be 
maintained.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Governmental Jurisdictions

Government Levels Affected: State, Local

Agency Contact: Ernest D.L. Huckaby, Department of Transportation, 
Federal Highway Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-9064

RIN: 2125-AE39
_______________________________________________________________________




2349.  FEDERAL MOTOR CARRIER SAFETY REGULATIONS; WAIVERS, 
EXEMPTIONS, AND PILOT PROGRAMS; RULES AND PROCEDURES

Priority:  Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Legal Authority:  49 USC 31315; PL 105-178, sec 4007

CFR Citation:  49 CFR 381

Legal Deadline:
Final, Statutory, December 9, 1998.

Abstract: The FHWA is adopting regulations to implement section 4007 of 
the Transportation Equity Act for the 21st Century (TEA-21), concerning 
waivers and exemptions from the Federal Motor Carrier Safety 
Regulations (FMCSRs), and the Administration of pilot programs to 
evaluate innovative alternatives to the regulations. The regulations 
establish the procedures persons must follow to request waivers and to 
apply for exemptions from the FMCSRs, and the procedures the FHWA will 
use to process the requests for waivers and applications for 
exemptions. The regulations also codify statutory requirements 
concerning the agency's administration of pilot programs. This 
rulemaking is intended to provide procedures to ensure the timely 
processing of requests for waivers and applications for exemptions, and 
public disclosure of the procedures the agency would use in initiating 
and managing pilot programs. The FHWA has issued an interim final rule, 
with an opportunity for public comment after publication in order to 
meet the statutory deadline for issuance of a final rule (180 days 
after date of enactment of TEA-21).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              12/08/98                    63 FR 67600


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Larry W. Minor, Mechanical Engineer, Department of 
Transportation, Federal Highway Administration, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-4009

RIN: 2125-AE48
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                    Completed Actions


Federal Highway Administration (FHWA)



_______________________________________________________________________




2350. REGULATIONS GOVERNING FEES FOR SERVICES PERFORMED IN CONNECTION 
WITH MOTOR CARRIER LICENSING AND INSURANCE

Priority:  Substantive, Nonsignificant

Legal Authority:  31 USC 9701; 49 USC 13908(c)

CFR Citation:  49 CFR 360; 49 CFR 1.48

Legal Deadline: None

Abstract: This final rule adopts filing fees and fee collection 
regulations for the motor carrier registration and insurance functions 
transferred to the FHWA as a result of the enactment of the ICC 
Termination Act of 1995. The FHWA believes that prior notice and 
opportunity for comment are unnecessary under 5 USC 553(b)(3)(B). The 
FHWA is not exercising discretion in a way that could be meaningfully 
affected by public comments. In this action, the ICC's filing fee 
regulations related to the motor carrier functions transferred to the 
FHWA are being recodified as FHWA regulations. The FHWA has concluded 
that it is in the public interest to implement the transfer of the fee 
regulations as expeditiously as possible to ensure that there is no 
disruption of the involved motor carrier activities. The effect of this 
rule is to make these fees and regulations applicable to registration 
and insurance filings made with the FHWA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    02/12/99                     64 FR 7134
Final Action Effective          03/15/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Thomas T. Vining, Department of Transportation, Federal 
Highway Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 358-7028

RIN: 2125-AE24
_______________________________________________________________________




2351. EXEMPTION OF COMMONLY OWNED MOTOR CARRIERS FROM EQUIPMENT 
IDENTIFICATION AND RECEIPT REQUIREMENTS APPLICABLE TO LEASED AND 
INTERCHANGED VEHICLES

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 13301; 49 USC 14102

CFR Citation:  49 CFR 376; 49 CFR 1.48

Legal Deadline: None

Abstract: The FHWA has modified its regulations governing the lease and 
interchange of motor vehicle equipment by exempting commonly-owned and 
controlled motor carriers from the vehicle identification and exchange 
of receipt requirements and of the identification of equipment 
requirement. The FHWA routinely

[[Page 21680]]

grants waivers from these requirements on an individual basis. This 
action eliminates the need for carriers to obtain individual waivers 
from the FHWA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/30/97                    62 FR 67821
NPRM Comment Period End         03/02/98
Final Action                    07/31/98                    63 FR 40837
Final Action Effective          08/31/98

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Michael J. Falk, Motor Carrier Law Division, Department 
of Transportation, Federal Highway Administration, 400 Seventh Street 
SW., Washington, DC 20590
Phone: 202 366-1384

RIN: 2125-AE26
_______________________________________________________________________




2352. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION 
REGULATIONS FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS

Priority:  Substantive, Nonsignificant

Legal Authority:  PL 105-117

CFR Citation:  49 CFR 24

Legal Deadline:
Final, Statutory, November 21, 1998.

Abstract: This action would implement several amendments to the Uniform 
Relocation Assistance and Real Property Acquisition Policies Act that 
were made by P.L. 105-117 enacted on November 21, 1997. These 
amendments provide that an alien not lawfully present in the United 
States shall not be eligible to receive relocation payments or other 
assistance unless such ineligibility would result in exceptional and 
extremely unusual hardship to the alien's spouse, parent, or child and 
such spouse , parent, or child is a citizen or an alien admitted for 
permanent residence. The amendments direct DOT to promulgate 
implementing regulations within one year of their enactment. The 
Department has delegated this responsibility to the FHWA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/12/98                    63 FR 32175
NPRM Comment Period End         08/11/98
Final Action                    02/12/99                     64 FR 7127
Final Action Effective          03/15/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Governmental Jurisdictions

Government Levels Affected: State, Local, Federal

Agency Contact: Marshall Schy, Department of Transportation, Federal 
Highway Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2035

RIN: 2125-AE34
_______________________________________________________________________




2353. TRUCK SIZE AND WEIGHT; NATIONAL NETWORK; NORTH DAKOTA

Priority:  Substantive, Nonsignificant

Legal Authority:  23 USC 127; 23 USC 315; 49 USC 31111 to 31115

CFR Citation:  23 CFR 658; 49 CFR 1.48

Legal Deadline: None

Abstract: The FHWA has modified the National Network for commercial 
motor vehicles by adding a route in North Dakota. The National Network 
was established by a final rule on truck size and weight published on 
June 5, 1984, as since modified. This rulemaking adds one segment to 
the National Network as requested by the State of North Dakota.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/18/98                    63 FR 27228
NPRM Comment Period End         07/17/98
Final Action                    12/30/98                    63 FR 71746
Final Action Effective          01/29/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: State

Agency Contact: Thomas Klimek, Department of Transportation, Federal 
Highway Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2212

RIN: 2125-AE36
_______________________________________________________________________




2354.  TRUCK SIZE AND WEIGHT; TECHNICAL CORRECTIONS

Priority:  Substantive, Nonsignificant

Legal Authority:  23 USC 127; 23 USC 315; 49 USC 31111 to 31114

CFR Citation:  23 CFR 658; 49 CFR 1.48

Legal Deadline: None

Abstract: This document amends the rule on truck size and weight in 
Part 658 to change the definition of automobile transporters to include 
those transporting towed vehicles and truck camper units; extend the 
Interstate System axle weight exemption for public transit buses to 
October 1, 2003; add Alligator Alley (I-75) to the National Network 
(NN) listing in Florida; clarify that a State's grandfathered weight 
limits for divisible vehicles or loads on the Interstate System are 
permanently vested; amend the regulations published to implement the 
freeze on the length of cargo carrying units of vehicles promulgated by 
the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) to 
clarify that cargo carrying units are measured from the front of the 
first unit to the rear of the last; clarify that the prohibition 
against an overall length limit on truck tractor-semitrailers or truck 
tractor-semitrailer-trailer combinations is not affected by grandfather 
semitrailer lengths or kingpin settings; and correct the routes 
available under the ISTEA freeze in Utah for truck-trailer-trailer 
combinations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    12/22/98                    63 FR 70650
Final Action Effective          12/22/98

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Thomas Klimek, Department of Transportation, Federal 
Highway Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2212

RIN: 2125-AE47

[[Page 21681]]

_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                        Prerule Stage


National Highway Traffic Safety Administration (NHTSA)



_______________________________________________________________________




2355. CERTIFICATION REQUIREMENTS OF MULTISTAGE VEHICLES

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 567; 49 CFR 568; 49 CFR 1.50

Legal Deadline: None

Abstract: This action amends the certification requirements that apply 
to incomplete vehicles other than chassis-cabs. Incomplete vehicles are 
vehicles that include at least a frame and chassis structure, power 
train, steering system, suspension system, and brake system, but need 
further manufacturing performed on them to become completed vehicles. 
This action extends the certification requirements currently applying 
to chassis-cabs to all types of incomplete vehicles. The agency 
recognizes that manufacturers who build vehicles in more than one stage 
are faced with somewhat different problems than manufacturers who build 
vehicles in a single stage, especially when it comes to certifying 
vehicles to meet Federal Motor Vehicle Safety Standards. The agency 
held a public meeting to listen to the views of these groups and others 
with respect to improving the vehicle certification process, and now 
seeks to implement the new requirements.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/03/91                    56 FR 61392
NPRM Comment Period End         01/31/92
Comment Period Extended to 03/
02/92                           02/03/92                     57 FR 3983
Announced Public Meeting        11/17/95                    60 FR 57694
Notice of Intent                05/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: The agency plans to issue a Notice of Intent to 
establish a negotiated rulemaking for this action.
ANALYSIS: Regulatory Evaluation, 12/03/91, 56 FR 61392

Agency Contact: George Mouchahoir, Team Leader, Special Vehicles and 
Systems Division, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-4920
Fax: 202 366-4329

RIN: 2127-AE27
_______________________________________________________________________




2356. REVIEW: PASSENGER-CAR BACK SEAT OCCUPANT PROTECTION

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.208

Legal Deadline: None

Abstract: Federal Motor Vehicle Safety Standard No. 208 requires 
passenger cars manufactured after December 11, 1989, to have Type 2 
(lap-and-shoulder) belts at the rear outboard seats. The agency will 
analyze the actual on-the-road experience of vehicles equipped with 
lap-and-shoulder belts in the rear seats to measure the reduction of 
fatalities and injuries relative to cars equipped only with lap belts. 
The regulation was selected for review because of public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    07/01/93
Complete Review                 12/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Charles J. Kahane, Chief, Evaluation Division, Office 
of Plans and Policy, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-2560
Fax: 202 366-2559

RIN: 2127-AE95
_______________________________________________________________________




2357. ADD-ON SEAT BELT DEVICES

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.213

Legal Deadline: None

Abstract: In response to a petition for rulemaking, the agency is 
requesting comments to determine whether it should regulate seat belt 
positioning devices, such as by a labeling requirement warning 
consumers regarding the suitability of these devices for a particular 
height/weight/age of child.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: George Mouchahoir, Team Leader, Special Vehicles and 
Systems Division, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-4920
Fax: 202 366-4329

RIN: 2127-AG49
_______________________________________________________________________




2358. BOOSTER SEATS FOR OLDER CHILDREN

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.213

Legal Deadline: None

Abstract: In response to a petition for rulemaking, the agency is 
requesting comments on whether the child restraint standard should be 
amended to facilitate the production of lap belt-installed booster 
seats for children weighing over 18 kilograms, such as by allowing use 
of a tether in some of the compliance tests.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comment             04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: George Mouchahoir, Team Leader, Special Vehicles and 
Systems Division, Department of Transportation, National Highway 
Traffic Safety Administration, 400

[[Page 21682]]

Seventh Street SW., Washington, DC 20590
Phone: 202 366-4920
Fax: 202 366-4329

RIN: 2127-AH14
_______________________________________________________________________




2359.  EJECTION MITIGATION USING ADVANCED GLAZING

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.205

Legal Deadline: None

Abstract: In response to the Intermodal Surface Transportation 
Efficiency Act of 1991, the agency is requesting comments on the 
agency's ``Ejection Mitigation Using Advanced Glazing: Status Report 
II.'' The agency believes that alternative glazing concepts for the 
front side windows of light vehicles are capable of preventing 
approximately 1,300 fatalities per year.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            05/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Clarke Harper, Division Chief, Light Duty Vehicle 
Division, Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2264
Fax: 202 366-2739

RIN: 2127-AH50
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                  Proposed Rule Stage


National Highway Traffic Safety Administration (NHTSA)



_______________________________________________________________________




2360. PROCEDURES FOR CONSIDERING ENVIRONMENTAL IMPACTS

Priority:  Substantive, Nonsignificant

Legal Authority:  42 USC 4321 et seq (National Environmental Policy 
Act-NEPA)

CFR Citation:  49 CFR 520

Legal Deadline: None

Abstract: NHTSA's regulation will be reviewed and reissued, as 
necessary, where it conflicts with or is duplicative of the regulations 
of Council on Environmental Quality (CEQ), 40 CFR parts 1500-1508, and 
with DOT Order 5610.1C, each of which implements the National 
Environmental Policy Act (NEPA), 42 USC 4321, et seq.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Paul Atelsek, Attorney Advisor, Department of 
Transportation, National Highway Traffic Safety Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-2992

RIN: 2127-AB79
_______________________________________________________________________




2361. +ROLLOVER PROTECTION

Priority:  Other Significant

Legal Authority:  49 USC 30111; 49 USC 30115; 49 USC 30117; 49 USC 
30166; 49 USC 322

CFR Citation:  49 CFR 571

Legal Deadline: None

Abstract: The agency has initiated research to focus on exploring 
whether it can develop a practicable, repeatable and appropriate 
dynamic emergency handling test that assesses a vehicle's propensity 
for involvement in an on-road, un-tripped rollover crash. The agency 
also has granted a petition for rulemaking on this subject. This action 
is considered significant because of substantial public interest.

Statement of Need: Rollover crashes account for over 9,000 traffic 
fatalities annually. A portion of all rollover crashes are un-tripped 
or ``maneuver-induced.'' Although past agency efforts have addressed 
all types of rollovers, the agency is focusing its current rollover 
activities on un-tripped rollover crashes. Currently, there is a 
requirement that most sport utility vehicles of under 10,000 pounds 
gross vehicle weight rating (GVWR) have a warning label. On April 13, 
1998 (63 FR 17974 - RIN 2127-AG53) in a separate rulemaking, the agency 
proposed upgrading the label with better graphics and stronger wording. 
However, there is no safety standard or rating test for rollovers.

Summary of the Legal Basis: Section 30111, Title 49 of the United 
States Code states that the Secretary shall prescribe motor vehicle 
safety standards. Section 30117, Title 49 of the United States Code 
states that the Secretary may require each manufacturer of a motor 
vehicle to provide technical information related to performance and 
safety to purchasers. Authority to take these actions has been 
delegated to the NHTSA Administrator by 49 CFR 501.2

Alternatives: In addition to a potential safety standard, the rollover 
prevention effort could result in a consumer information or rating 
program which would involve notices and public comment. Another 
alternative might be long term research on rollover dynamics. Long-term 
research would be necessary if the current effort indicates that 
existing test methods are inadequate for measuring rollover propensity.

Anticipated Costs and Benefits: The anticipated costs and benefits of 
this action have not yet been estimated.

Risks: Crash data (1992-1996 NASS CDS annualized national estimates) 
indicate that, on average, 23 percent of single vehicle crashes 
involving all types of light vehicles are rollovers, or approximately 
178,000 rollover crashes per year. For particular types of light 
vehicles, the percentage of single vehicle crashes that are rollovers 
varies significantly: for passenger cars, it is below average (17%); 
for vans, it is about average (22%); and for both pickups and SUVs, it 
is above average (38% and 49%, respectively). Pickups and SUVs together 
account for 41 percent of the rollovers per year

[[Page 21683]]

(73,500) even though they account for only 24 percent of single vehicle 
crashes. It is anticipated that a new rollover safety standard or 
consumer rating program would bring the pickup and SUV rollover rates 
down closer to the rates for other typers of light vehicles.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           01/03/92                      57 FR 242
ANPRM Comment Period End        04/03/92
NPRM                            06/28/94                    59 FR 33254
Correction                      07/26/94                    59 FR 38038
Comment Period Extended to 10/
21/94                           08/26/94                    59 FR 44121
Comment Period Extended to 08/
05/96                           06/05/96                    61 FR 28560
NPRM Comment Period End         08/05/96
Petition Grant                  05/20/97                    62 FR 27578
Agency Decision                 05/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: A notice of availability of a planning document 
for this rulemaking was published 09/29/92 (57 FR 44721). As part of 
its comprehensive efforts to address the problem of light vehicle 
rollover, the agency proposed a new consumer information regulation 
that would require that passenger cars, and light multipurpose 
passenger vehicles and trucks be labeled with information about their 
resistance to rollover. In the NPRM, the agency terminated rulemaking 
to establish a vehicle stability standard. The agency denied petitions 
for reconsideration of this termination on 06/05/96 (61 FR 28560). The 
comment period for the NPRM was reopened after publication of a related 
study by the National Academy of Sciences (NAS). (This notice was 
inadvertently published under RIN 2127-AC54.) At the same time the 
agency published the grant notice on the petition for rulemaking, NHTSA 
published, in a separate notice, its response to the NAS study and 
requested comments by 08/18/97 (05/20/97 62 FR 27578). See RIN 2127-
AG53 for related information on warning labels for sport utility 
vehicles.
ANALYSIS: Regulatory Evaluation, 06/28/94, 59 FR 33254

Agency Contact: Mike Pyne, Safety Standards Engineer, Office of Crash 
Avoidance, Department of Transportation, National Highway Traffic 
Safety Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-4171
Fax: 202 366-4329

RIN: 2127-AC64
_______________________________________________________________________




2362. +WHEELCHAIR LIFTS

Priority:  Other Significant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571

Legal Deadline: None

Abstract: With a Supplemental Notice of Proposed Rulemaking (SNPRM), 
the agency proposes to establish two new safety standards specifying 
requirements for platform lifts and for buses and multipurpose 
passenger vehicles equipped with such lifts. The equipment standard 
would set minimum platform dimensions and would limit the size of 
platform protrusions and gaps between the platform and either the 
vehicle floor or the ground. The standard would also require handrails, 
warning signals and retaining barriers. The proposed vehicle standard 
would require vehicle manufacturers to install lifts in accordance with 
the lift manufacturer's instructions and ensure that specific 
information is made available to lift users. The standards are intended 
to prevent injuries and fatalities during lift operation and to promote 
uniformity of Federal standards and guidelines for platform lifts. This 
action is considered significant due to substantial public interest in 
transportation of individuals with disabilities.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/26/93                    58 FR 11562
NPRM Comment Period End         04/27/93
SNPRM                           04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 02/26/93, 58 FR 11562

Agency Contact: Gayle Dalrymple, Safety Standards Engineer, Office of 
Crash Avoidance, Department of Transportation, National Highway Traffic 
Safety Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-6559
Fax: 202 366-4329

RIN: 2127-AD50
_______________________________________________________________________




2363. RADIATOR SAFETY CAP

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571

Legal Deadline: None

Abstract: In response to a petition for rulemaking, the agency has 
requested comments on the feasibility of and necessity for rulemaking 
to require the installation of thermal locking radiator caps or other 
devices on motor vehicles with water-cooled engines to prevent scalding 
injuries. Although the notice referred only to thermal locking radiator 
caps, comments were solicited on any device or technology designed to 
prevent such scalding injuries. Petition was granted.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            06/10/93                    58 FR 32503
Comment Period End              08/09/93
NPRM                            06/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Richard VanIderstine, Division Chief, Visibility and 
Controls Division, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-5280
Fax: 202 366-4329

RIN: 2127-AE59


_______________________________________________________________________



[[Page 21684]]

2364. UPGRADE PERFORMANCE REQUIREMENTS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.301

Legal Deadline: None

Abstract: This action announces the agency's plan to consider upgrading 
the standard by making the current crash requirements more stringent 
and by broadening the standard's focus to include mitigation concepts 
related to fuel system components and environmental and aging tests 
related to components. This action also requests comments on the 
agency's plan to explore a three-phase approach to upgrading the 
standard, data, methods, and strategies which may assist in the 
agency's regulatory decisions in defining specific requirements and 
test procedures for upgrading the standard.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            12/14/92                    57 FR 59041
Comment Period End              02/12/93
ANPRM                           04/12/95                    60 FR 18566
ANPRM Comment Period End        06/12/95
NPRM                            06/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: This action will respond to RIN 2127-AE83.

Agency Contact: George Mouchahoir, Team Leader, Special Vehicles and 
Systems Division, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-4920
Fax: 202 366-4329

RIN: 2127-AF36
_______________________________________________________________________




2365. DOOR LATCH EXEMPTION FOR VEHICLES EQUIPPED WITH WHEELCHAIR LIFTS 
AND RAMPS

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.206

Legal Deadline: None

Abstract: In response to a petition for rulemaking, the agency is 
proposing to modify the ``Door Locks and Door Retention Components'' 
requirements by exempting vehicles with wheelchair ramps and to 
establish uniform requirements for vehicles with wheelchair lifts and 
ramps. These modifications are necessary because of changes in the 
types of vehicles equipped with wheelchair lifts/ramps and changes in 
lift/ramp structural designs which have come to pass in recent years. 
Petition was granted.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: On 05/31/96 (61 FR 27325), the agency published 
a grant notice. The agency believes that the suggested changes made by 
the petitioner merit additional study and research. The agency is 
currently conducting research to determine if door latch exemptions are 
still necessary. Simultaneously, the agency is developing a door latch 
procedure for sliding doors.

Agency Contact: Clarke Harper, Division Chief, Light Duty Vehicle 
Division, Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2264
Fax: 202 366-4329

RIN: 2127-AG16
_______________________________________________________________________




2366. DEALER NOTIFICATION OF DEFECT OR NONCOMPLIANCE DETERMINATION

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 30102; 49 USC 30103; 49 USC 30111; 49 USC 
30112; 49 USC 30115; 49 USC 30116; 49 USC 30118; 49 USC 30119; 49 USC 
30120; 49 USC 30163; 49 USC 30165; 49 USC 30166

CFR Citation:  49 CFR 577

Legal Deadline: None

Abstract: The proposed rule would implement an amendment to 49 USC 
Chapter 301 which prohibits dealers from selling motor vehicles or 
motor vehicle equipment that have been determined to contain a safety-
related defect or noncompliance with a Federal motor vehicle safety 
standard until the defect or noncompliance is remedied. It would set 
forth criteria to govern the timing and content of notifications of 
defects and noncompliances that manufacturers must send to their 
dealers. Given the length of time that has passed since issuance of the 
NPRM (9/27/93), the agency is issuing a supplemental notice of proposed 
rulemaking to provide an opportunity for additional public comment on 
the most appropriate regulatory scheme for notifying dealers of safety-
related defects and noncompliances with Federal motor vehicle safety 
standards.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/27/93                    58 FR 50314
NPRM Comment Period End         10/27/93
SNPRM                           04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Jonathan D. White, Defects Investigator, Office of 
Defects Investigation, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-5227

RIN: 2127-AG27
_______________________________________________________________________




2367. CONVEX CROSS-VIEW MIRRORS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.111

Legal Deadline: None

Abstract: In response to a petition for rulemaking, the agency is 
requesting comments on the issue of rear mounted

[[Page 21685]]

cross view mirrors on light and medium duty trucks for the purpose of 
eliminating the blind spot directly behind the vehicle. The petitioner 
requested that these mirrors be mandated to eliminate backing accidents 
where children could be seriously injured or killed. Petition was 
granted.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            06/17/96                    61 FR 30586
Comment Period End              10/15/96
NPRM                            05/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Richard VanIderstine, Division Chief, Visibility and 
Control Division, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-5280
Fax: 202 366-4329

RIN: 2127-AG41
_______________________________________________________________________




2368. UPGRADE ROOF CRASHWORTHINESS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.216

Legal Deadline: None

Abstract: In response to a petition for rulemaking, the agency is 
considering whether to upgrade the roof crashworthiness particularly 
since a larger percentage of American vehicles consist of light duty 
and utility vehicles, a class of vehicles more prone to rollover 
accidents. Petition was granted.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Clarke Harper, Division Chief, Light Duty Vehicle 
Division, Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2264
Fax: 202 366-4329

RIN: 2127-AG51
_______________________________________________________________________




2369. +ADVANCED AIR BAGS

Priority:  Economically Significant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.208

Legal Deadline: None

Abstract: The agency is proposing to upgrade its occupant protection 
standard to require advanced air bags. The proposal includes 
performance tests for advanced air bags. The proposal would require 
that advancements be made in the ability of air bags to cushion and 
protect occupants of different sizes, belted and unbelted, and would 
require air bags to be designed to minimize risks to infants, children, 
and other occupants. This action is considered significant because of 
the degree of congressional and public interest in this subject and 
because of potential costs.

Statement of Need: While current air bags have been shown to be highly 
effective in reducing overall fatalities, they sometimes cause 
fatalities to out-of-position occupants, especially children. As part 
of NHTSA's program to mitigate adverse effects of current-design air 
bags, the agency has stated that the next step in the evolution of air 
bags would be systems that automatically prevent those effects. As of 
January 1, 1999, the agency was aware of 69 children and 56 adults who 
had been killed by current air bags. The agency has already required 
more graphic warning labels on all new air-bag-equipped vehicles, 
enhanced manufacturers' flexibility to quickly reduce the aggressivity 
of current-design air bags, allowed consumers in certain defined risk 
groups to install retrofit on-off switches for air bags, and 
participated in public programs to increase safety belt and child 
restraint use, to reduce fatalities. This program will pursue the next 
step: air bags incorporating advanced technologies.

Summary of the Legal Basis: Section 30111, Title 49 of the United 
States Code, states that the Secretary shall prescribe motor vehicle 
safety standards. Section 7103 of the National Highway Traffic Safety 
Administration Reauthorization Act of 1998 requires the Secretary to 
issue amendments to improve occupant protection for occupants of 
different sizes, belted and unbelted, under Federal Motor Vehicle 
Safety Standard No. 208, while minimizing the risk to infants, 
children, and other occupants from injuries and deaths caused by air 
bags, by means that include advanced air bags. Authority to prescribe 
such standards is delegated to the Administrator by 49 CFR 1.50.

Alternatives: The agency has been participating with motor vehicle 
manufacturers, equipment suppliers, the insurance industry, and 
academia through the Advanced Air Bag Technology Working Group of 
NHTSA's Motor Vehicle Research Advisory Committee. The agency has been 
utilizing the resources of this partnership in identifying alternatives 
for this proposed rulemaking. Moreover, the agency joined with the 
National Aeronautics and Space Administration in a comprehensive state-
of-the-art assessment for near-term air bag technology. As a result of 
these partnerships and due to its own internal research efforts, the 
agency is aware of the various advanced air bag technologies currently 
being seriously considered by the vehicle manufacturers. The proposed 
rule would permit the use of these technologies which include: 
suppression systems that could include weight sensors and/or proximity 
or positioning sensors, low-risk air bags that could include dual or 
multi-stage inflators, added or redesigned crash sensors, and/or 
modified fold patterns.

Anticipated Costs and Benefits: The agency estimates that the costs of 
proposed rule would be in the range of $22 to $162 per vehicle, for an 
estimated total of up to $2.5 billion for 15.5 million vehicles per 
year. Property damage savings could exceed $2.4 billion annually 
depending on the extent to which manufacturers use air bag suppression 
systems. Several hundred lives could be saved annually, as well as a 
currently-unquantified number of serious injuries.

Risks: Air bags have been shown to substantially reduce fatalities in 
traffic crashes. When fully implemented, NHTSA estimates that air bags 
will save 3,000 lives per year and prevent

[[Page 21686]]

about 34,000 moderate-to-critical injuries. However, current air bags 
deploy the same way for all occupants, regardless of their size or 
location at the time of deployment and regardless of crash severity. As 
a result of the designs of current air bags, there have been adult and 
child fatalities caused by the air bag. Therefore, the development and 
introduction of advanced air bags is being pursued aggressively by both 
the industry and the agency.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/18/98                    63 FR 49957
Notice of Public Meeting        10/26/98                    63 FR 57091
NPRM Comment Period End         12/17/98
SNPRM                           08/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: A technical workshop was held February 11 and 
12, 1997, in Washington, DC. The NPRM will respond to the petitions 
received for reconsideration on the final rule published for Depowering 
of Air Bags, RIN 2127-AG59 and Passenger-Side Manual Cutoff Switch for 
Air Bags, RIN 2127-AG60.
Public meeting to discuss technical issues relating to this NPRM was 
held on November 23 and 24, 1998.
ANALYSIS: Regulatory Evaluation, 09/18/98, 63 FR 49957

Agency Contact: Clarke Harper, Division Chief, Light Duty Vehicle 
Division, Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2264
Fax: 202 366-4329

RIN: 2127-AG70
_______________________________________________________________________




2370. ADVANCED AIR BAG DUMMY RULE FOR CRABI 12-MONTH-OLD SIZE

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 572; 49 CFR 571.208; 49 CFR 571.213

Legal Deadline: None

Abstract: The agency is proposing specifications for a new CRABI 12-
month-old size test dummy for possible use in test procedures being 
proposed in amendments to Federal Motor Vehicle Safety Standard Nos. 
208 and 213. The new test dummy and procedures are being proposed to 
facilitate the development and introduction of new advanced air bags 
and other types of advanced forward and rearward facing child 
restraints technologies, as well as protection of smaller size children 
in car beds in a variety of automobile crash impacts.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/08/99                    64 FR 10965
NPRM Comment Period End         04/22/99
Final Action                    11/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 03/08/99, 64 FR 10965

Agency Contact: Stanley Backaitis, Engineer, Office of Crashworthiness 
Standards, Department of Transportation, National Highway Traffic 
Safety Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-4912
Fax: 202 366-4329

RIN: 2127-AG78
_______________________________________________________________________




2371. ADVANCED AIR BAG DUMMY RULE FOR HYBRID III 95TH PERCENTILE MALE

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 572; 49 CFR 571.208

Legal Deadline: None

Abstract: The agency is proposing specifications for a new 95th 
percentile male Hybrid III size test dummy for possible use in test 
procedures being proposed in amendments to Federal Motor Vehicle Safety 
Standard No. 208. The new test dummy and procedures are being proposed 
to facilitate the development and introduction of new advanced air bags 
and other types of advanced restraints technologies for crash 
protection in frontal impacts.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Stanley Backaitis, Engineer, Office of Crashworthiness 
Standards, Department of Transportation, National Highway Traffic 
Safety Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-4912
Fax: 202 366-4329

RIN: 2127-AG79
_______________________________________________________________________




2372. ADMINISTRATIVE REWRITE FOR HEADLAMP REQUIREMENTS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.108

Legal Deadline: None

Abstract: The agency has proposed to rewrite the sections relating to 
headlighting. The rewrite is important because of the standard's age 
and numerous amendments which have made it difficult to read and 
interpret. The revised standard should reduce burden especially to 
small manufacturers because of improved clarity. The reorganization of 
the sections relating to other lamps will be addressed in a separate 
rulemaking.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/12/98                    63 FR 63258
NPRM Comment Period End Extended 
to                              04/11/99                     64 FR 6021

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 11/12/98, 63 FR 63258

Agency Contact: Richard VanIderstine, Division Chief, Visibility and 
Control

[[Page 21687]]

Division, Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-5280
Fax: 202 366-4329

RIN: 2127-AG87
_______________________________________________________________________




2373. MOTORCYCLE MOUNTED REFLEX REFLECTOR HEIGHT

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.208

Legal Deadline: None

Abstract: In response to a petition for rulemaking, the agency is 
considering allowing a lower minimum mounting height for side reflex 
reflectors on motorcycles. The intent is to harmonize United States 
lighting safety standards with European and Asian reflector position 
regulations and improve the flow of trade by creating ``windows of 
harmonization'' that will allow manufacturers to market ``common'' 
vehicles in global markets.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Richard VanIderstine, Division Chief, Visibility and 
Control Division, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-5280
Fax: 202 366-4329

RIN: 2127-AG92
_______________________________________________________________________




2374. +ALLOCATION OF FUEL ECONOMY CREDITS

Priority:  Other Significant

Legal Authority:  49 USC 32903

CFR Citation:  49 CFR 534

Legal Deadline: None

Abstract: The agency is proposing rulemaking to clarify the allocation 
of fuel economy credits between predecessor and successor automobile 
manufacturers. The use of carry forward or carry back credits will be 
specified for manufacturers that merge. This action is considered 
significant because it will affect the treatment of the Corporate 
Average Fuel Economy (CAFE) penalties.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Orron Kee, Division Chief, Consumer Programs Division, 
Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-0846
Fax: 202 366-4329

RIN: 2127-AG97
_______________________________________________________________________




2375. BUY AMERICAN REQUIREMENTS

Priority:  Substantive, Nonsignificant

Legal Authority:  PL 97-424

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: The agency is proposing to exempt certain purchases by 
grantees from the requirements of the Department of Transportation's 
Buy American provisions to streamline and improve the grant process. 
These proposed exemptions will include small purchases not to exceed 
the current small purchase threshold.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: John Donaldson, Senior Attorney, Office of Chief 
Counsel, Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-1834
Fax: 202 366-3820

RIN: 2127-AG99
_______________________________________________________________________




2376. POLITICAL SUBDIVISION PARTICIPATION IN STATE HIGHWAY SAFETY 
PROGRAMS AND STATE HIGHWAY SAFETY AGENCY

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  23 USC 402

CFR Citation:  23 CFR 1250; 23 CFR 1251

Legal Deadline: None

Abstract: In response to the President's Regulatory Reinvention 
Initiative, the agency is proposing to amend certain provisions 
concerning the State Highway Safety Programs to streamline them and 
delete obsolete or unnecessary requirements.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: State, Local, Tribal

Agency Contact: John Donaldson, Senior Attorney, Office of Chief 
Counsel, Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-1834
Fax: 202 366-3820

RIN: 2127-AH00
_______________________________________________________________________




2377. PLACEMENT OF WHEELCHAIR RESTRAINTS ON BUSES

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.217

Legal Deadline: None

Abstract: To prevent blocking of the emergency exits, the agency is 
proposing to add a new section to the standard to not allow the 
placement of wheelchair securement anchorages or other devices that 
protrude into the aisle of an emergency exit in all buses.

[[Page 21688]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/05/99                    64 FR 10604
NPRM Comment Period End         05/04/99
Final Action                    11/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 03/05/99, 64 FR 10604

Agency Contact: George Mouchahoir, Team Leader, Special Vehicles and 
Systems Division, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-4920
Fax: 202 366-4329

RIN: 2127-AH03
_______________________________________________________________________




2378. INCORPORATE THE 1996 REVISION OF THE AMERICAN NATIONAL STANDARDS 
INSTITUTE (ANSI)

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.205

Legal Deadline: None

Abstract: In response to a petition for rulemaking, the agency is 
proposing to incorporate the 1996 revision of the American National 
Standards Institute (ANSI) standard for safety glazing used in motor 
vehicles and other minor revisions into the agency's current standard 
for safety glazing used in motor vehicles.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Clarke Harper, Division Chief, Light Duty Vehicle 
Division, Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2264
Fax: 202 366-4327

RIN: 2127-AH08
_______________________________________________________________________




2379. HARMONIZATION OF HEAD RESTRAINTS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.202

Legal Deadline: None

Abstract: The agency is proposing to modify the current head restraint 
height requirements to correspond to the Economic Commission for Europe 
(ECE) Regulation No. 25 and to propose performance requirements which 
are intended to assure that the head restraint, if adjusted, will 
remain locked in specific backseat and height positions.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Clarke Harper, Division Chief, Light Duty Vehicle 
Division, Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2264
Fax: 202 366-4329

RIN: 2127-AH09
_______________________________________________________________________




2380. TRUCK AIR BRAKING REQUIREMENTS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.121

Legal Deadline: None

Abstract: In response to a petition for rulemaking, the agency is 
proposing to modify the air brake requirements for five of the ten 
recommended modifications. These areas are to provide consistency 
between table I., Stopping Sequence, item 4(b) and S5.7.3(b); provide 
wording for single-unit vehicles to prevent single-unit axle 
overloading; clarify emergency brake requirements for trucks and buses; 
address the misconceptions about the wheel lock provisions as they 
apply to vehicles with tandem axles; and correct two minor 
typographical errors. The other five recommendations will be denied.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/03/99                     64 FR 5259
NPRM Comment Period End         04/05/99
Final Action                    10/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 02/03/99, 64 FR 5259

Agency Contact: George Soodoo, Group Leader, Vehicle Dynamics Group, 
Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2720
Fax: 202 366-4329

RIN: 2127-AH11
_______________________________________________________________________




2381. MOTORCYCLE BRAKING REQUIREMENTS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.122

Legal Deadline: None

Abstract: In response to a petition for rulemaking, the agency is 
considering eliminating the requirements for the minimum hand lever 
force (5 pounds) and the minimum foot pedal force (10 pounds) for fade 
and water recovery tests.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: George Soodoo, Group Leader, Vehicle Dynamics

[[Page 21689]]

Group, Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2720
Fax: 202 366-4329

RIN: 2127-AH15
_______________________________________________________________________




2382. HEAVY VEHICLE ANTILOCK BRAKE SYSTEM (ABS) PERFORMANCE REQUIREMENT

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.105; 49 CFR 571.121

Legal Deadline: None

Abstract: The agency is proposing performance tests for ABS-equipped 
single unit trucks and buses. ABS equipment requirements became 
effective for air-braked single unit trucks, buses, and trailers on 
March 1, 1998, and for hydraulic-braked trucks and buses becomes 
effective on March 1, 1999. The agency indicated in prior rulemaking 
notices that it would consider supplementing these ABS equipment 
requirements with performance requirements after conducting tests to 
determine if such testings are practicable and repeatable for trucks 
and buses.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: George Soodoo, Group Leader, Vehicle Dynamics Division, 
Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2720
Fax: 202 366-4329

RIN: 2127-AH16
_______________________________________________________________________




2383. DEFINITION OF COMMUNITY TRANSPORTATION VEHICLES

Priority:  Substantive, Nonsignificant

Legal Authority:  9 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571

Legal Deadline: None

Abstract: The agency will propose to amend various sections of part 571 
to create a new vehicle type, tentatively called community 
transportation vehicles, that will have to meet the crashworthiness 
standards applicable to school buses, but will not have to meet some of 
the crash avoidance standards (i.e., stop arms, flashing lights, etc.). 
This would allow manufacturers to certify vehicles that will be less 
expensive and as safe as a school bus for transportation of Head Start 
students because we have tentatively decided that the school bus crash 
avoidance features are unnecessary when there is no curb-side pickup.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Paul Atelsek, Attorney Advisor, Department of 
Transportation, National Highway Traffic Safety Administration, 400 
Seventh Street SW., Washington, DC20590
Phone: 202 366-2992
Fax: 202 366-3820

RIN: 2127-AH23
_______________________________________________________________________




2384. METRIC CONVERSION--PHASE III

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166; PL 100-418, sec 5164

CFR Citation:  49 CFR 571

Legal Deadline: None

Abstract: The agency is amending selected Federal motor vehicle safety 
standards by converting English measurements in those standards to 
metric measurements. This rulemaking is the third and final in a series 
that the agency will undertake to implement the Federal policy that the 
metric system is the preferred system of weights and measures for U.S. 
trade and commerce. The conversions are not intended to change the 
stringency of the affected Federal motor vehicles safety standards.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Noble Bowie, Director, Office of Planning and Consumer 
Programs, Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-0842
Fax: 202 366-4329

RIN: 2127-AH27
_______________________________________________________________________




2385. PUBLIC PARTICIPATION IN ACTIVITIES RELATING TO THE AGREEMENT ON 
GLOBAL TECHNICAL REGULATIONS: STATEMENT OF POLICY

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 551

Legal Deadline: None

Abstract: The agency is soliciting public comments on a draft statement 
of policy concerning procedures for facilitating public participation 
in the agency's activities relating to the implementation of the 
pending United Nations/Economic Commission for Europe (UN/ECE) 
Agreement on Global Technical Regulations. On February 3, 1999, the 
agency held a public workshop to solicit views from the public on the 
draft policy statement. The agency will determine what its next action 
will be once it has reviewed all of the public comments it receives.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Public Workshop       01/05/99                      64 FR 563
Comment Period End              02/18/99
Agency Decision                 10/00/99

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Julie Abraham, Acting Director, Office of International 
Harmonization, Department of

[[Page 21690]]

Transportation, National Highway Traffic Safety Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-1455

RIN: 2127-AH29
_______________________________________________________________________




2386. MOTOR VEHICLE CONTENT LABELING CALCULATION

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 32304

CFR Citation:  49 CFR 583

Legal Deadline: None

Abstract: The agency is proposing several changes in its content 
labeling regulation to implement provisions included in the 
Transportation Equity Act of the 21st Century. Content calculation 
procedures to provide vehicle manufacturers added flexibility in making 
content determinations where outside suppliers have not responded to 
requests for content information which are now temporary will be made 
permanent. This flexibility will be available for up to ten percent, by 
value, of a carline's total parts content from outside suppliers. 
Outside suppliers of parts will count U.S./Canadian content where it is 
less than 70 percent. Engine and transmission countries of origin will 
be determined by including assembly labor. Certain small parts value 
will be assigned to the country of the assembly plant.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/08/99                     64 FR 6021
NPRM Comment Period End         04/09/99
Final Action                    10/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Orron Kee, Division Chief, Consumer Programs Division, 
Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-0846
Fax: 202 366-4329

RIN: 2127-AH33
_______________________________________________________________________




2387. UPGRADE DOOR RETENTION PERFORMANCE

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.206

Legal Deadline: None

Abstract: Based upon annual average estimates from the 1988 through 
1996 Fatal Analysis Reporting System (FARS) and the National Automotive 
Sampling System (NASS), there is an annual average of 2,515 fatalities 
and 1,882 serious injuries due to door ejections. Side door ejections 
are the second leading cause of ejections in all crashes, superseded 
only by ejections through fixed glazing. One of the activities of 
agency rollover research focuses on reducing injuries and fatalities 
resulting from side door ejections. This research has led the agency to 
potential significant solutions to mitigating a substantial number of 
these fatalities and injuries by improving side door retention 
performance. Therefore, the agency is proposing to upgrade the door 
retention requirements.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Clarke Harper, Division Chief, Light Duty Vehicle 
Division, Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2264
Fax: 202 366-4329

RIN: 2127-AH34
_______________________________________________________________________




2388. THEFT DATA FOR CALENDAR YEAR 1997

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 33104(b)(4)

CFR Citation:  49 CFR 541

Legal Deadline: None

Abstract: This action will publish the preliminary data on passenger 
motor vehicles that occurred in calendar year (CY) 1997 for model year 
(MY) 1997 vehicles. The theft data will indicate the overall vehicles' 
theft rate in 1997. Publication of this data will fulfill the agency's 
obligation to periodically obtain accurate and timely data and publish 
the information for review and comment.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            02/17/99                     64 FR 7945
Request for Comments Period End 04/19/99
Final Action                    10/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Rosalind Proctor, Group Leader, Motor Vehicle Theft 
Prevention Group, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-0846
Fax: 202 493-2739

RIN: 2127-AH35
_______________________________________________________________________




2389. ADMINISTRATIVE REWRITE OF THE LIGHTING REQUIREMENTS OTHER THAN 
HEADLAMPS

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.108

Legal Deadline: None

Abstract: In response to the President's regulatory reinvention 
initiative, the agency is proposing to rewrite the reflective devices 
and associated equipment requirements to make the standard more 
readable and understandable. The standard has grown over the last 30 
years by the incorporation of hundreds of amendments. The document has 
become unwieldy in use and the agency decided to rewrite it to 
segregate it into chapters that address each lighting function 
separately. These

[[Page 21691]]

sections will state the basic performance necessary for each lighting 
function and for lamp installation on various vehicle types. The 
rewrite will continue to reference Society of Automotive Engineers 
(SAE) and other standards and recommended practices for test procedures 
if too lengthily to incorporate changes. However, it will codify 
various agency interpretations of its rules to make the standard more 
explicit and objective. The administrative rewrite of the headlamp 
regulations can be found under RIN 2127-AG87.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Richard VanIderstine, Division Chief, Visibility and 
Controls Division, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-5280
Fax: 202 366-4329

RIN: 2127-AH37
_______________________________________________________________________




2390. IMPORTATION OF VEHICLES AND EQUIPMENT SUPPLIERS--TECHNICAL 
AMENDMENT

Priority:  Substantive, Nonsignificant

Legal Authority:  PL 105-178; 49 USC 30114

CFR Citation:  49 CFR 591

Legal Deadline: None

Abstract: The agency proposes to amend its regulation on the 
importation of vehicles and equipment that do not comply with 
applicable safety standards to include vehicles and equipment that are 
imported for ``Show or Display'' as a category the agency may exempt 
from compliance with the safety standards. The amendment is being 
proposed pursuant to a statutory mandate to include the ``Show or 
Display'' category and will not otherwise affect the agency's 
regulatory requirements.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Taylor Vinson, Senior Attorney, Office of the Chief 
Counsel, Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-5263
Fax: 202 366-3820

RIN: 2127-AH45
_______________________________________________________________________




2391.  USE OF UNIVERSAL CHILD SEATS IN AIRCRAFT

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.213

Legal Deadline: None

Abstract: This action responds to a concern expressed by the Federal 
Aviation Administration (FAA) regarding some new universal child seats 
that may be equipped with rigid connectors or prongs. FAA believes that 
if a universal child seat equipped with non-folding, non-retracting 
rigid connectors or prongs were installed on an aircraft seat, the 
connectors or prongs might damage the aircraft seat cushions and might 
protrude into the leg space and egress path of the passenger sitting 
immediately behind the child seat.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: See RIN No. 2127-AG50 for the Uniform Child 
Anchorages rule.

Agency Contact: George Mouchahoir, Group Leader, Special Vehicles and 
Systems Division, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-4919
Fax: 202 366-4329

RIN: 2127-AH56
_______________________________________________________________________




2392.  PARKING BRAKE WARNING SYSTEM ON SCHOOL BUSES

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.105; 49 CFR 571.121

Legal Deadline: None

Abstract: In response to a petition for rulemaking, the agency is 
considering whether to require school buses be equipped with a parking 
brake warning system that activates when the school bus engine is 
turned off, the transmission is in neutral, and the parking brake has 
not been applied. This request for comments notice seeks to obtain 
information to help the agency determine the magnitude of the problem 
and the potential effectiveness of the proposed warning system.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            03/01/99                     64 FR 9961
Comment Period End              04/30/99
Agency Decision                 11/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: George Soodoo, Group Leader, Vehicle Dynamics Group, 
Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2720
Fax: 202 366-4329

RIN: 2127-AH57
_______________________________________________________________________




2393.  EXEMPTION FOR INCONSEQUENTIAL DEFECT OR NONCOMPLIANCE

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 30113

CFR Citation:  49 CFR 556

Legal Deadline: None

Abstract: Present regulation requires a petitioner to submit data 
``supporting its petition'' which advocates excusing it from its 
notification and remedial obligations. Because the petitioner may have 
pertinent data relevant to the agency's decision that would not support 
granting it, the agency is

[[Page 21692]]

proposing a clarification that all data pertaining to the subject in 
the possession of the petitioner be part of the petition. The agency 
also is proposing the petitioner provide a full and accurate analysis 
of its petition and certify that it is accurate and complete.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Taylor Vinson, Senior Attorney, Office of the Chief 
Counsel, Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-5263
Fax: 202 366-3820

RIN: 2127-AH58
_______________________________________________________________________




2394.  UPPER INTERIOR IMPACT

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.201

Legal Deadline: None

Abstract: At the request of the manufacturers' organizations, the 
agency is proposing to amend the upper interior impact requirements (1) 
to modify the minimum distance between certain targets on vertical 
surfaces inside a vehicle and (2) add new definitions and test 
procedures for new-style door frames and vertical seat belt mounting 
structures.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Clarke Harper, Chief, Light Duty Vehicle Division, 
Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2264
Fax: 202 366-4329

RIN: 2127-AH61
_______________________________________________________________________




2395.  INSURER REPORTING REQUIREMENTS FOR OCTOBER 1999

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 33112

CFR Citation:  49 CFR 544

Legal Deadline: None

Abstract: The agency is proposing to update its lists in the appendices 
of the passenger motor vehicle insurers that are required to file 
reports on their motor vehicle theft loss experience. If these revised 
appendices are adopted in a final rule, each insurer included in any of 
these appendices must file a report for the 1996 calendar year not 
later than October 25, 1999. Further, as long as the insurer remains 
listed, it must submit reports by each subsequent October 25. Pursuant 
to the insurer reports and information, the agency requires certain 
passenger motor vehicle insurers to file an annual report with the 
agency. Each insurer's report includes information about thefts and 
recoveries of motor vehicles, the rating rules used by the insurer to 
establish premiums for comprehensive coverage, the actions taken by the 
insurer to reduce such premiums, and the actions taken by the insurer 
to reduce or deter theft.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: See RIN 2127-AH05 for October 1998 updated 
appendices.

Agency Contact: Rosalind Proctor, Group Leader, Motor Vehicle Theft 
Prevention Group, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-0846
Fax: 202 366-2739

RIN: 2127-AH62
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                     Final Rule Stage


National Highway Traffic Safety Administration (NHTSA)



_______________________________________________________________________




2396. BRAKE LINING

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.105

Legal Deadline: None

Abstract: Petitions from R. Grabowsky and American Trucking Association 
(ATA) requested initiation of rulemaking concerning brake linings (all 
vehicles and aftermarket). Mr. Grabowsky petitioned relative to 
stability, friction level, fade, wear, and identification of linings. 
ATA petitioned relative to friction level and identification of linings 
for heavy vehicles only. Petitions concerned both performance levels 
and test procedures, and were granted.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Steve Kratzke, Director, Office of Crash Avoidance 
Standards, Vehicle Dynamics Division, Department of Transportation, 
National Highway Traffic Safety Administration, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-4931
Fax: 202 366-4329

RIN: 2127-AC66
_______________________________________________________________________




2397. SEATING SYSTEMS PERFORMANCE

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.207

Legal Deadline: None

[[Page 21693]]

Abstract: Environmental Research and Safety Technologists of Flagstaff, 
AZ, petitioned the agency to reexamine the seatback performance 
requirements of the standard in rear impact crashes.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           10/04/89                    54 FR 40896
ANPRM Comment Period End        12/04/89
Request for Comments            11/23/92                    57 FR 54958
Comment Period End              01/22/93
Final Action                    10/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: Petitions for rulemaking were granted 07/24/89. 
See a related rulemaking action involving these petitioners under RIN 
2127-AC57. The first part of the research is complete. A computer model 
and a prototype seat were developed. Information on this research is 
available in the docket along with a report on crash data analysis. The 
agency is currently evaluating the research results and conducting 
vehicle seat testing.

Agency Contact: Clarke Harper, Division Chief, Light Duty Vehicle 
Division, Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2264
Fax: 202 366-4329

RIN: 2127-AD08
_______________________________________________________________________




2398. SEAT ADJUSTMENT POSITION

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.210

Legal Deadline: None

Abstract: The agency solicited comments on a proposal to amend the 
performance requirements of the standard to provide that the lap belt 
angle would be measured for rear adjustable seats with the seats in the 
rearmost adjustment position. This proposal is intended to resolve 
ambiguities regarding the seat adjustment position for the current 
requirements.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/04/91                    56 FR 63473
Correction                      12/17/91                    56 FR 65541
NPRM Comment Period End         02/03/92
To Be Terminated                04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 12/04/91, 56 FR 63473

Agency Contact: Clarke Harper, Division Chief, Light Duty Vehicle 
Division, Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-4931
Fax: 202 366-4329

RIN: 2127-AE22
_______________________________________________________________________




2399. TEST DEVICE PLACEMENT

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.216

Legal Deadline: None

Abstract: In response to petitions for rulemaking, the agency is 
revising the test procedures to make them more suitable to testing 
vehicles with highly sloped roofs or raised roofs. This action is being 
taken after reviewing the comments the agency received from the 
published Request for Comments. An NPRM was issued proposing to use a 
smaller test plate when testing certain vehicles with raised roofs and 
aligning the leading edge of the plate with the forwardmost point of 
the roof.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments Due 2/10/9512/27/94                    59 FR 66504
NPRM                            02/27/97                     62 FR 8906
NPRM Comment Period End         04/28/97
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 02/27/97, 62 FR 8906

Agency Contact: Clarke Harper, Division Chief, Light Duty Vehicle 
Division, Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2264
Fax: 202 366-4329

RIN: 2127-AF40
_______________________________________________________________________




2400. ELECTRIC VEHICLE SAFETY

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 1.50; 49 CFR 501.8; 49 CFR 571.305

Legal Deadline: None

Abstract: The agency has proposed to regulate electric vehicles (EVs) 
with respect to battery electrolyte spillage in a crash or rollover, 
and electric shock hazard in a crash or rollover, and during repair and 
maintenance and establish a new Federal motor vehicle safety standard 
no. 305 titled ``Electric-powered vehicles: electrolyte spillage and 
electric shock protection.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            09/30/94                    59 FR 49901
Comment Period End              11/29/94
NPRM                            10/13/98                    63 FR 54652
NPRM Comment Period End         11/27/98
Final Action                    06/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 10/13/98, 63 FR 54652

Agency Contact: George Mouchahoir, Team Leader, Special Vehicles and 
Systems Division, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-4920
Fax: 202 366-4329

RIN: 2127-AF43


_______________________________________________________________________



[[Page 21694]]

2401. ALTERNATIVE GEOMETRIC VISIBILITY REQUIREMENTS FOR LAMPS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.108

Legal Deadline: None

Abstract: In response to a petition for rulemaking, the agency is 
proposing to harmonize the lighting standard's geometric visibility 
requirements for signal lamps and rear side marker color with those of 
the ECE. Harmonization of the standard worldwide, without reducing 
safety, would allow manufacturers to reduce costs by producing to a 
single world vehicle standard rather than several, thus reducing costs 
and improving the flow of trade.The agency is issuing additional/
alternative proposals.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/26/95                    60 FR 54833
NPRM Comment Period End         12/26/95
Comment Period Extended to 05/
16/96                           12/27/95                    60 FR 66953
SNPRM                           12/10/98                    63 FR 68233
SNPRM Comment Period End        03/10/99
Final Action                    09/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: On February 27, 1997 (62 FR 8883), the agency 
terminated rulemaking in which the agency had asked for comments on 
whether the performance and installation of front and rear fog lamps 
should be regulated. In response to these comments, the SAE has 
established a Fog Lamp Task Force to develop an internationally-
acceptable fog lamp standard, on which a Federal standard could be 
based. The agency is continuing to review comments on the other issues 
stated in the October 26, 1995, notice.
ANALYSIS: Regulatory Evaluation, 10/26/95, 60 FR 54833

Agency Contact: Richard VanIderstine, Division Chief, Visibility and 
Controls Division, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-5280
Fax: 202 366-4329

RIN: 2127-AF75
_______________________________________________________________________




2402. POWER-OPERATED WINDOWS: ROOF PANELS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.118

Legal Deadline: None

Abstract: In response to a petition for rulemaking, the agency is 
considering whether to amend the test procedure used to demonstrate 
compliance by adding an alternative testing specification for a non-
contact automatic reversal system, in order to provide a more 
meaningful and realistic method for evaluating the compliance of such 
systems which do not rely on contact to sense an obstruction. Petition 
was granted.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/04/96                    61 FR 28124
Correction                      06/14/96                    61 FR 30209
NPRM Comment Period End         08/05/96
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 06/04/96, 61 FR 28124

Agency Contact: Richard VanIderstine, Division Chief, Visibility and 
Controls Division, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-5280
Fax: 202 366-4329

RIN: 2127-AF83
_______________________________________________________________________




2403. AUTOMOTIVE FUEL ECONOMY REPORTS

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will eliminate existing text in the CFR.

Legal Authority:  49 USC 32907

CFR Citation:  49 CFR 537

Legal Deadline: None

Abstract: In response to the President's regulatory reinvention 
initiative, the agency is proposing to remove obsolete reporting 
requirements. These submission requirements include factors such as 
``breakover angles'' for light trucks, which are essentially never used 
by NHTSA. Revising this part would reduce the costs to the industry of 
reporting to NHTSA . This action will not inhibit the agency's ability 
to comply with its statutory requirements.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/13/96                    61 FR 22010
NPRM Comment Period End         07/12/96
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 05/13/96, 61 FR 22010

Agency Contact: Orron Kee, Division Chief, Consumer Programs Division, 
Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-0846
Fax: 202 366-4329

RIN: 2127-AG00
_______________________________________________________________________




2404. POWER WINDOW SAFETY SWITCHES

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.118

Legal Deadline: None

Abstract: In response to a petition for rulemaking, the agency proposed 
to require each power operated window, interior partition, and roof 
panel in a motor vehicle to be equipped with a switch designed so that 
contact by a form representing a small child's knee would not close 
window, partition, or panel. The agency is withdrawing the

[[Page 21695]]

proposal because it could not find sufficient evidence of a safety 
problem.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/15/96                    61 FR 58504
NPRM Comment Period End         01/14/97
To Be Withdrawn                 04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 11/15/96, 61 FR 58504

Agency Contact: Richard VanIderstine, Division Chief, Visibility and 
Controls Division, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-5280
Fax: 202 366-4329

RIN: 2127-AG36
_______________________________________________________________________




2405. MODIFIED VEHICLES TO ACCOMMODATE A PERSON'S DISABILITY

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 30122(c)

CFR Citation:  49 CFR 595

Legal Deadline: None

Abstract: The agency is proposing to establish new conditions under 
which a vehicle may be modified to accommodate a person's disability so 
that the modifier will not be subjected to the statutory prohibition 
against the ``making inoperative'' requirements.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/28/98                    63 FR 51547
NPRM Comment Period End         12/28/98
Final Action                    07/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 09/28/98, 63 FR 51547

Agency Contact: Gayle Dalrymple, Safety Engineer, Rollover and Adapted 
Vehicle Group, Department of Transportation, National Highway Traffic 
Safety Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-5559
Fax: 202 366-4329

RIN: 2127-AG40
_______________________________________________________________________




2406. PELVIC RESTRAINTS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.209

Legal Deadline: None

Abstract: In response to a petition for rulemaking, the agency is 
proposing to delete the requirement that the lap belt portion of a 
safety belt system be designed to remain on the pelvis under all 
conditions. Petition was granted.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/07/97                    62 FR 36251
NPRM Comment Period End         09/05/97
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 07/07/97, 62 FR 36251

Agency Contact: Clarke Harper, Division Chief, Light Duty Vehicle 
Division, Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2264
Fax: 202 366-4329

RIN: 2127-AG48
_______________________________________________________________________




2407. FIFTH PERCENTILE FEMALE DUMMY

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 572

Legal Deadline: None

Abstract: The agency is proposing to adopt the Hybrid III small female 
size dummy. The notice will specify instrumentation, calibration test 
procedures, and calibration performance criteria for the Hybrid III 
small female.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/03/98                    63 FR 46981
NPRM Comment Period End         12/02/98
Final Action                    06/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: This rulemaking action is an additional part of 
the Adverse Side Effects of Air Bags (RIN 2127-AG14).

Agency Contact: Stanley Backaitis, Engineer, Office of Crashworthiness 
Standards, Department of Transportation, National Highway Traffic 
Safety Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-4912
Fax: 202 366-4329

RIN: 2127-AG66
_______________________________________________________________________




2408. CONSUMER INFORMATION ON TIRE GRADING

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 30123

CFR Citation:  49 CFR 575

Legal Deadline: None

Abstract: In response to a petition for rulemaking, the agency is 
eliminating the requirement that new car manufacturers provide their 
dealers consumer information on the tire grading of new car tires. This 
action will alleviate a paperwork burden on automobile manufacturers 
and dealers that has little benefit to consumers.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/21/98                    63 FR 27911
NPRM Comment Period End         07/20/98
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: 

[[Page 21696]]

ANALYSIS: Regulatory Evaluation, 05/21/98, 63 FR 27911

Agency Contact: P. L. Moore, Standards Engineer, Consumer Programs 
Division, Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-5222
Fax: 202 366-4327

RIN: 2127-AG67
_______________________________________________________________________




2409. TRANSITION PROCEDURES FROM CURRENT TO NEW NATIONAL DRIVER REGISTER

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will eliminate existing text in the CFR.

Legal Authority:  23 USC 401

CFR Citation:  23 CFR 1325

Legal Deadline:
Final, Statutory, February 6, 1997.

Abstract: In response to the President's Regulatory Reinvention 
Initiative, the agency is removing the regulation on procedures for 
transition to the National Driver Register (NDR). It is also amending 
portions of the regulation on participation in the NDR Problem Driver 
Pointer System (PDPS). These portions pertain to the steps States were 
to follow to notify the NDR of their interest in participating in the 
NDR under PDPS. The agency will remove these provisions when the 
transition to the new NDR has been completed.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/17/96                    61 FR 16729
NPRM Comment Period End         06/03/96
Final Action                    10/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: State

Additional Information: NPRM incorrectly printed under RIN 2127-AG21.

Agency Contact: William Holden, Division Chief, Driver Register and 
Traffic Records Division, Department of Transportation, National 
Highway Traffic Safety Administration, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-4800
Fax: 202 366-2729

RIN: 2127-AG68
_______________________________________________________________________




2410. ADVANCED AIR BAG DUMMY RULE FOR HYBRID III TYPE 6-YEAR-OLD SIZE

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 572; 49 CFR 571.208; 49 CFR 571.213

Legal Deadline: None

Abstract: The agency is proposing design and performance specifications 
for a new, more advanced 6-year old child dummy. The agency believes 
that the new dummy, part of the family of Hybrid III test dummies, is 
more representative of humans than the existing 6-year old child dummy 
specified by the agency and allows the assessment of more types of 
potential injuries. The new dummy is especially needed to evaluate the 
effects of air bag deployment on children, but would also provide 
greater and more useful information in a variety of environments to 
better evaluate child safety.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/29/98                    63 FR 35170
Correction                      09/03/98                    63 FR 46979
NPRM Comment Period End         09/28/98
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 06/29/98, 63 FR 35170

Agency Contact: Stanley Backaitis, Engineer, Office of Crashworthiness 
Standards, Department of Transportation, National Highway Traffic 
Safety Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-4912
Fax: 202 366-4329

RIN: 2127-AG76
_______________________________________________________________________




2411. ADVANCED AIR BAG DUMMY RULE FOR HYBRID III TYPE 3-YEAR-OLD SIZE

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 572; 49 CFR 571.208; 49 CFR 571.213

Legal Deadline: None

Abstract: The agency is proposing specifications for a new Hybrid III 
type 3-year-old size test dummy for possible use in test procedures 
being proposed in amendments to Federal Motor Vehicle Safety Standard 
Nos. 208 and 213. The new test dummy and procedures are being proposed 
to facilitate the development and introduction of new advanced air bags 
and other types of advanced restraints technologies for crash 
protection of smaller size children in a variety of automobile crash 
impacts.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/28/99                     64 FR 4385
NPRM Comment Period End         03/29/99
Final Action                    10/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Stanley Backaitis, Engineer, Office of Crashworthiness 
Standards, Department of Transportation, National Highway Traffic 
Safety Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-4912
Fax: 202 366-4329

RIN: 2127-AG77
_______________________________________________________________________




2412. GLARE REDUCTION FROM DAYTIME RUNNING LAMPS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.108

Legal Deadline: None

Abstract: The agency is proposing to amend the lighting standard to 
reduce glare from daytime running lamps (DRLs). It would do this in 
three stages.

[[Page 21697]]

One year after publication of the final rule, DRLs utilizing the upper 
headlamp beam would not be permitted to exceed 3,000 candela (cd) at 
any point, thus becoming subject to the maximum candela permitted for 
DRLs other than headlamps. This same limit would be applied to the 
upper half of lower beam DRLs two years after publication of the final 
rule. Finally, four years after publication of the final rule, all 
DRLs, except lower beam DRLs, would be subject to a flat 1,500 cd 
limit. Lower beam DRLs would be limited to 1,500 cd at horizontal or 
above. This action is intended to provide the public with all the 
conspicuity benefits of DRLs while reducing glare and is based on 
research that has become available since the final rule establishing 
DRLs was published in 1993.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/07/98                    63 FR 42348
Comment Period Extended to 11/
05/98                           09/18/98                    63 FR 49891
NPRM Comment Period End         09/21/98
Final Action                    05/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 08/07/98, 63 FR 42348

Agency Contact: Richard VanIderstine, Division Chief, Visibility and 
Control Division, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-5280
Fax: 202 366-4329

RIN: 2127-AG86
_______________________________________________________________________




2413. SIGNAL LAMPS USED WITH LIGHT EMITTING DIODES

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.108

Legal Deadline: None

Abstract: In response to a petition for rulemaking, the agency is 
proposing to revise the requirements for signal lamps equipped with 3 
or more light emitting diodes (LED). The current requirements have 
become design restrictive and a service burden for vehicle and signal 
lamp manufacturers.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/24/98                    63 FR 34350
Extension of Comment Period     08/03/98                    63 FR 41222
NPRM Comment Period End         10/09/98
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 06/24/98, 63 FR 34350

Agency Contact: Richard VanIderstine, Division Chief, Visibility and 
Control Division, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-5280
Fax: 202 366-4329

RIN: 2127-AG88
_______________________________________________________________________




2414. EXTEND PARTICIPATION IN THE NATIONAL DRIVER REGISTER PROGRAM

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 303

CFR Citation:  23 CFR 1327

Legal Deadline: None

Abstract: This interim final rule authorizes the Commandant of the 
Coast Guard to request and receive information from the National Driver 
Register (NDR) regarding the motor vehicle driving records of any 
officer, chief warrant officer, or enlisted member of the Coast Guard 
or Coast Guard Reserve (including a cadet or an applicant for 
appointment or enlistment of any of the foregoing, and any member of a 
uniformed service who is assigned to the Coast Guard). This interim 
final rule establishes the procedures for such individuals to request, 
and for the Commandant to receive, NDR information.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              12/02/97                    62 FR 63655
Interim Final Rule Effective    12/02/97
Comment Period End              02/02/98
Final Action                    10/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: State, Federal

Additional Information: This action was inadvertently published under 
RIN No. 2127-AG21.

Agency Contact: William Holden, Division Chief, Driver Register and 
Traffic Records Division, Department of Transportation, National 
Highway Traffic Safety Administration, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-4800
Fax: 202 366-2746

RIN: 2127-AG90
_______________________________________________________________________




2415. FUEL ECONOMY CALCULATIONS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 32904

CFR Citation:  49 CFR 531

Legal Deadline: None

Abstract: Provisions of the North American Free Trade Agreement (NAFTA) 
Implementation Act of 1993 modified the calculation of average fuel 
economy by permitting Mexican content of passenger cars to be included 
with United States and Canadian content. This was for assigning 
passenger cars to domestic or import fleets for computation of 
corporate average fuel economy (CAFE). The revision of the code permits 
the declaration of Mexican content to occur during the period January 
1, 1997, through January 1, 2004, at the manufacturers' option. This 
rulemaking provides instructions on making the content declaration and 
relates to the Environmental Protection Agency's regulation at 40 CFR 
600.511.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

[[Page 21698]]

Agency Contact: Henrietta Spinner, Program Analyst, Consumer Programs 
Division, Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-4802
Fax: 202 366-4329

RIN: 2127-AG95
_______________________________________________________________________




2416. UNIFORM TIRE QUALITY GRADING TEST PROCEDURES

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 30123

CFR Citation:  49 CFR 575.104

Legal Deadline: None

Abstract: The agency is proposing modifications to the test procedures 
for tire treadwear under the Uniform Tire Quality Grading (UTQG) 
Standard. This change is intended to stabilize the unwarranted 
increases in treadwear grades by modifying the procedures for 
calibrating and selecting course monitoring tires. No change to the 
existing treadwear grade levels is anticipated.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/05/98                    63 FR 30695
Extension of Comment Period     08/04/98                    63 FR 41538
NPRM Comment Period End         10/05/98
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 06/05/98, 63 FR 30695

Agency Contact: Sanjay Patel, Engineer, Consumer Programs Division, 
Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-0307
Fax: 202 366-4329

RIN: 2127-AG96
_______________________________________________________________________




2417. TIRE IDENTIFICATION SYMBOLS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 574

Legal Deadline: None

Abstract: In response to a petition for rulemaking, the agency has 
proposed to require that the date of manufacture of a tire be expressed 
in four digits instead of the currently-required three digits. This 
will bring the agency's tire date code regulation into harmony with the 
United Nations' Economic Commission for Europe (ECE) regulation and the 
International Organization for Standardization (ISO). The agency has 
also proposed to reduce the size of the date code lettering from a 
minimum of 6 mm to a minimum of 4mm. This will reduce the cost impact 
to tire manufacturers while still providing a readable date code 
symbol.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/19/98                    63 FR 55832
NPRM Comment Period End         12/18/98
Final Action                    06/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 10/19/98, 63 FR 55832

Agency Contact: George Soodoo, Group Leader, Vehicle Dynamics Group, 
Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2720
Fax: 202 366-4329

RIN: 2127-AH10
_______________________________________________________________________




2418. FUNCTIONAL EQUIVALENCE OF HEADLAMP CONCEALMENT WITH EUROPEAN 
REGULATIONS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.108

Legal Deadline: None

Abstract: In response to a petition for rulemaking, the agency is 
considering whether the headlamp concealment requirements of the 
standard are functionally equivalent from a safety perspective to 
similar European requirements and determining whether it is possible to 
permit vehicle manufacturers to certify to either the current US 
performance or to the current European performance. If this is 
possible, the standard will be amended to permit such certification.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/28/98                    63 FR 57638
NPRM Comment Period End         12/28/98
Final Action                    06/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 10/28/98, 63 FR 57638

Agency Contact: Richard VanIderstine, Division Chief, Visibility and 
Controls Division, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-5280
Fax: 202 366-4329

RIN: 2127-AH18
_______________________________________________________________________




2419. FUNCTIONAL EQUIVALENCE OF WINDSHIELD WASHING AND WIPING SYSTEMS 
WITH EUROPEAN REGULATIONS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.104

Legal Deadline: None

Abstract: In response to a petition for rulemaking, the agency will 
determine whether the windshield washing and wiping requirements of the 
standard are functionally equivalent from a safety perspective to 
similar European requirements and determine whether it is possible to 
permit vehicle manufacturers to certify to either the current US 
performance or to the current European performance. If this is 
possible, the standard will be amended to permit such certification.

[[Page 21699]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Agency Decision                 05/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Richard VanIderstine, Division Chief, Visibility and 
Controls Division, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-5280
Fax: 202 366-4329

RIN: 2127-AH20
_______________________________________________________________________




2420. FUNCTIONAL EQUIVALENCE OF WINDSHIELD DEFROSTING AND DEFOGGING 
SYSTEMS WITH EUROPEAN REGULATIONS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.103

Legal Deadline: None

Abstract: In response to a petition for rulemaking, the agency will 
determine whether the windshield defrosting and defogging requirements 
of the standard are functionally equivalent from a safety perspective 
to similar European requirements and determine whether it is possible 
to permit vehicle manufacturers to certify to either the current US 
performance or to the current European performance. If this is 
possible, the standard will be amended to permit such certification.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Agency Decision                 05/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Richard VanIderstine, Division Chief, Visibility and 
Controls Division, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-5280
Fax: 202 366-4329

RIN: 2127-AH22
_______________________________________________________________________




2421. EXTENSION OF PASSENGER CAR BRAKE SYSTEM STANDARD TO LIGHT TRUCKS 
AND VANS (LTVS) WITH GROSS VEHICLE WEIGHT RATING BETWEEN 3,500 AND 4,536 
KG

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.135

Legal Deadline: None

Abstract: In a final rule published September 30, 1997 (62 FR 51064 - 
RIN 2127-AG35), the agency extended the applicability of Federal Motor 
Vehicle Safety Standard No. 135, Passenger Car Brake Systems, to light 
trucks and vans (LTVs) with a gross vehicle weight rating (GVWR) of 
3,500 kg or less. The rule also stated that the agency would publish a 
separate notice addressing the appropriateness of extending the 
requirements of Standard No. 135 to LTVs with a GVWR between 3,500 and 
4,536 kg. After reviewing additional brake test data designed to assess 
the performance of vehicles with the increased GVWR, however, the 
agency has decided to withdraw rulemaking. Safety benefits resulting 
from extending the application of Standard No. 135 to LTVs with GVWRs 
between 3,501 and 4,536 kg are questionable and would be further 
limited by substantial costs to manufacturers and by low sales volumes.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

To Be Withdrawn                 04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: George Soodoo, Group Leader, Vehicle Dynamics Group, 
Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2720
Fax: 202 366-4329

RIN: 2127-AH30
_______________________________________________________________________




2422. HIGH-THEFT LINES FOR MODEL YEAR 2000

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 33104

CFR Citation:  49 CFR 541

Legal Deadline: None

Abstract: This action will list the agency's determination for model 
year (MY) 2000 high-theft vehicle lines that will be subject to the 
parts-marking requirements of the Federal motor vehicle theft 
prevention standard, and the high-theft lines that will be exempted 
from the parts-marking requirements because the vehicles are equipped 
with antitheft devices determined to meet certain statutory criteria 
for MY 2000, pursuant to the statute relating to motor vehicle theft 
prevention.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Rosalind Proctor, Group Leader, Motor Vehicle Theft 
Prevention Group, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-0846
Fax: 202 493-2739

RIN: 2127-AH36
_______________________________________________________________________




2423. +SAFETY INCENTIVE GRANTS FOR USE OF SEAT BELTS

Priority:  Other Significant

Unfunded Mandates: This action may affect State, local or tribal 
governments.

Legal Authority:  PL 105-178, sec 1403

CFR Citation:  23 CFR 1240

Legal Deadline: None

Abstract: Section 1403 of TEA-21 established a new program of incentive 
grants (under Section 157 of chapter 1 of Title 23) to encourage States 
to increase seat belt use rates. This rulemaking action establishes the 
criteria and procedures to be followed to implement this incentive 
grant program. A State is eligible for an incentive grant if: (1) The 
State had a seat belt use rate greater than the national average for 
the two preceding calendar years, OR (2) The State's seat belt use rate 
in the previous calendar year was higher than the State's ``base seat 
belt use rate.'' (The `` base seat belt

[[Page 21700]]

use rate'' is defined as the State's highest use rate for any calendar 
year from 1996 through the calendar year preceding the previous 
calendar year.) The amount of funding each State is awarded will be 
based on calculations by the Secretary of the annual savings to the 
Federal Government in medical costs (including savings under the 
medicare and medicaid programs). According to the statute, on September 
1 of each year, beginning in 1998, the Department will determine which 
States meet the eligibility criteria, and on October 1 of each year, 
the Department will allocate the incentive grant funds. This rule sets 
forth the procedures the agency will use to evaluate seat belt use 
rates and to allocate funds. It was published as an interim final rule 
with immediate effectiveness because the first evaluations of seat belt 
use information were required on September 1, 1998, and the first 
allocations of funds were required on October 1, 1998. In the next 
action, the agency expects to evaluate and respond to comments, as 
appropriate.
The statute authorizes a total of $500 million for grants under this 
section for fiscal years 1999 through 2003. A State may use these grant 
funds for any project eligible for assistance under Title 23. If there 
are any unallocated funds available in FY 1999, the excess amounts will 
be apportioned to the states for expenditure on the Surface 
Transportation Program (STP). If there are any unallocated funds 
available in FY 2000 through FY 2003, the Secretary is directed to 
allocate the funds to selected States to carry out innovative projects 
that promote increased seat belt use rates. States will be selected 
based on plans submitted to the Secretary.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              10/29/98                    63 FR 57904
Interim Final Rule Effective    10/29/98
Comment Period End              01/29/99
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: State

Agency Contact: Joan Tetrault, Office of State and Community Services, 
Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2121
Fax: 202 366-7394

RIN: 2127-AH38
_______________________________________________________________________




2424. +STATE INCENTIVES TO PREVENT OPERATION OF MOTOR VEHICLES BY 
INTOXICATED PERSONS

Priority:  Other Significant

Legal Authority:  PL 105-178, sec 1404

CFR Citation:  23 CFR 1225

Legal Deadline: None

Abstract: Section 1404 of TEA-21 established a new program of incentive 
grants (under section 163 of chapter 1 of title 23) to encourage States 
to establish 0.08 percent blood alcohol concentration (BAC) as the 
legal limit for drunk driving offenses. This rulemaking action 
establishes the criteria and procedures to be followed to implement 
this incentive grant program. Any State that has in effect and is 
enforcing a 0.08 percent BAC law, before the end of the fiscal year, is 
eligible to receive incentive funds for that fiscal year. The law must 
provide that any person with a blood alcohol concentration of 0.08 
percent or greater while operating a motor vehicle in the state shall 
be deemed to have committed a per se offense of driving while 
intoxicated (or an equivalent per se offense). A state may use these 
grant funds for any project eligible for assistance under title 23. The 
statute authorizes a total of $500 million for grants under this 
section for fiscal years 1998 through 2003. Available funding each year 
is apportioned among all eligible States according to the Section 402 
formula. This rule must be published as an interim final rule, with 
immediate effectiveness, because its criteria apply for States seeking 
to receive FY 1998 funds.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              09/03/98                    63 FR 46881
Interim Final Rule Effective    09/03/98
Comment Period End              10/19/98
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: State, Tribal

Agency Contact: Marlene Markison, Chief, Program Support, Office of 
State and Community Services, Department of Transportation, National 
Highway Traffic Safety Administration, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-2121
Fax: 202 366-7394

RIN: 2127-AH39
_______________________________________________________________________




2425. OCCUPANT PROTECTION INCENTIVE GRANTS

Priority:  Substantive, Nonsignificant

Legal Authority:  PL 105-178, sec 2003

CFR Citation:  23 CFR 1345

Legal Deadline: None

Abstract: TEA-21 established a new program of incentive grants to 
encourage States to adopt and implement effective programs to reduce 
highway deaths and injuries resulting from individuals riding 
unrestrained or improperly restrained in motor vehicles. This 
rulemaking action will establish criteria and procedures to be followed 
to implement this incentive grant program. A State may become eligible 
to receive a grant under this section by demonstrating that it has 
implemented at least four of the following six criteria: 1) a law 
requiring safety belt use by all front seat passengers ( and beginning 
in FY2001, in any seat in the vehicle); 2) a primary safety belt law; 
3) minimum fines or penalty points for belt and child seat violations; 
4) a special traffic enforcement program; 5) a child passenger 
protection education program; and 6) a child passenger protection law - 
requiring minors to be properly secured. The statute authorizes a total 
of $68 million for grants under this section over 5 years beginning in 
fiscal year 1999. Each State that qualifies for a grant receives up to 
25 % of its FY1997 section 402 apportionment. This rule is published as 
an interim final rule, with immediate effectiveness, because its 
criteria apply for States seeking to receive funds beginning on October 
1, 1998.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              10/01/98                    63 FR 52592
Interim Final Rule Effective    11/02/98

[[Page 21701]]

Comment Period End              11/30/98
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: State, Tribal

Agency Contact: John Oates, Chief, Implementation, Office of State and 
Community Services, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-2121
Fax: 202 366-7394

RIN: 2127-AH40
_______________________________________________________________________




2426. OPEN CONTAINER REQUIREMENTS

Priority:  Substantive, Nonsignificant

Legal Authority:  PL 105-206, 112 Stat 834

CFR Citation:  23 CFR 1230

Legal Deadline: None

Abstract: Section 5 of the TEA-21 Restoration Act established a new 
program (under section 154 of chapter 1 of title 23) to encourage 
States to enact Open Container laws. A State which does not have an 
Open Container law will have certain Federal-aid highway funds 
transferred to the State's section 402 State and Community Highway 
Safety grant program. This rulemaking action established the criteria 
and procedures to be followed to implement this transfer program.
Each State shall have in effect an Open Container law that prohibits 
the possession of any open alcoholic beverage container, or the 
consumption of any alcoholic beverage, in the passenger area of any 
motor vehicle (including possession or consumption by the driver of the 
vehicle) located on a public highway, or the right-of-way of a public 
highway, in the State. On October 1, 2000, and October 1, 2001, if a 
State has not enacted and is not enforcing an Open Container law, 1-1/2 
percent of the Federal-aid highway funds apportioned to the State under 
paragraphs (1), (3), and (4) of section 104(b) will be transferred to 
the State's section 402 apportionment. On October 1, 2002, and each 
October 1 thereafter, if a State has not enacted and is not enforcing 
an Open Container Law, the transferred amount increases to 3 percent. 
Funds transferred to section 402 must be used for alcohol-impaired 
driving countermeasures or enforcement of driving while intoxicated 
(DWI) or driving under the influence (DUI) and other related laws. A 
State may elect to use all or part of its transferred funds for 
activities eligible under the section 152 Hazard Elimination Program. 
The Federal share of a project funded under this section is 100 
percent.
This rule was published as an interim final rule with immediate 
effectiveness because some state legislatures are not scheduled to meet 
in 2000, so they are preparing their legislative agendas now for their 
1999 legislative sessions. The states have a need to know what the 
criteria will be as soon as possible so they can enact conforming 
legislation and avoid the transfer of funds on October 1, 2000. The 
agency concluded, therefore, that prior notice and opportunity to 
comment on the rule is both impracticable and contrary to the public 
interest and found good cause to publish an interim final rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              10/06/98                    63 FR 53580
Interim Final Action Effective  11/05/98
Comment Period End              12/07/98
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: State

Agency Contact: Marlene Markison, Chief, Program Support, Office of 
State and Community Services, Department of Transportation, National 
Highway Traffic Safety Administration, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-2121
Fax: 202 366-7394

RIN: 2127-AH41
_______________________________________________________________________




2427. ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES INCENTIVE GRANTS

Priority:  Substantive, Nonsignificant

Legal Authority:  PL 105-178, sec 2004

CFR Citation:  23 CFR 1313

Legal Deadline: None

Abstract: This rulemaking implements changes mandated by TEA 21 to the 
Section 410 impaired driving countermeasures grant program. New 
incentive grant programs include incentives for graduated licensing 
programs, anti-drunk driving programs aimed at young adults, increased 
sanctions for drivers with high blood alcohol levels, and increased 
alcohol testing for drivers involved in fatal accidents. The rulemaking 
will also establish an alternative incentive program in which states 
may qualify for grants by demonstrating reductions in fatally injured 
drivers with blood alcohol concentrations above .10. The rulemaking 
will also provide for supplemental grants for those states qualifying 
for a basic grant. These supplemental grant programs will add 
provisions aimed at reducing operation with suspended licenses and 
improving detection and conviction of drunk drivers. Appropriated for 
use in this program are the following: $30.6 million for FY 1998, $28.5 
million for FY 1999, $29.3 million for FY 2000, $30.1 million for FY 
2001, $38.7 million for FY 2002, and $39.8 million for FY 2003. This 
rule is being published as an interim final rule, with immediate 
effectiveness, because its criteria apply for States seeking to receive 
funds beginning on October 1, 1998.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              12/29/98                    63 FR 71687
Interim Final Rule Effective    01/28/99
Comment Period End              03/01/99
Final Action                    09/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: State, Tribal

Agency Contact: Marlene Markison, Chief, Program Support, Office of 
State and Community Services, Department of Transportation, National 
Highway Traffic Safety Administration, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-2121
Fax: 202 366-7394

RIN: 2127-AH42


_______________________________________________________________________



[[Page 21702]]

2428. STATE HIGHWAY SAFETY DATA IMPROVEMENTS INCENTIVE GRANTS

Priority:  Substantive, Nonsignificant

Legal Authority:  PL 105-178, sec 2005

CFR Citation:  23 CFR 1335

Legal Deadline: None

Abstract: TEA 21 established a new program of incentive grants to 
encourage States to adopt and implement programs to improve highway 
safety data. This rulemaking action establishes criteria and procedures 
to be followed to implement this incentive grant program to encourage 
States to adopt and implement effective programs to improve the 
timeliness, accuracy, completeness, uniformity, and accessibility of 
State data that is needed to identify priorities for national, State, 
and local highway and traffic and State programs. A State may become 
eligible to receive a grant under this section by demonstrating that it 
has met one of the following three options: 1)establish a multi-
disciplinary highway safety data and traffic records coordination 
committee; complete a highway safety data and traffic records 
assessment or audit within the last five years and initiate development 
of a multi-year highway safety data and traffic records strategic plan. 
Upon completion of this option the State may receive $125,000. 2) 
certify that the State has met the criteria of option 1 and submit a 
data and traffic record multi-year plan, identifying goals, 
performance-based measures, and priorities; and specify how incentive 
funds will be used. Upon completion of this option the State may 
receive $250,000. 3) the Secretary may award grants of up to $25,000 
for 1 year to any State that does not meet the criteria for option 1. 
In subsequent years a State must submit or update a data and traffic 
records multi-year plan, identifying goals, performance-based measures 
and priorities; and the specifics of how incentive funds will be used. 
The State must certify that the coordinating committee continues to 
support the multi-year plan and report annually on the progress made to 
implement the plan. States meeting these conditions in subsequent years 
may receive $225,000 or more, based on the population and road mileage 
in the state. A total of $32,000,000 is authorized for fiscal years 
1999 through 2002, and all grant amounts are subject to the 
availability of funds. This rule is published as an interim final rule, 
with immediate effectiveness, because its criteria apply for States 
seeking to receive funds beginning on October 1, 1998.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              10/08/98                    63 FR 54044
Interim Final Rule Effective    11/09/98
Comment Period End              12/07/98
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: State, Tribal

Agency Contact: John Oates, Chief, Implementation, Office of State and 
Community Services, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-2121
Fax: 202 366-7394

RIN: 2127-AH43
_______________________________________________________________________




2429. +UNIFORM CRITERIA FOR STATE OBSERVATIONAL SURVEYS OF SEAT BELT USE

Priority:  Other Significant

Legal Authority:  PL 105-178, sec 1403

CFR Citation:  23 CFR 1340

Legal Deadline:
Final, Statutory, December 8, 1998.

Abstract: This rulemaking action establishes the criteria and 
procedures to be followed by the States to determine their seat belt 
use rates. Section 1403 of TEA-21 established a new program of 
incentive grants (under Section 157 of chapter 1 of title 23) that 
provides funds to States if: (1) The State had a seat belt use rate 
greater than the national average for the two preceding calendar years, 
OR (2) The State's seat belt use rate in the previous calendar year was 
higher than the State's ``base seat belt use rate.'' (The `` base seat 
belt use rate'' is defined as the State's highest use rate for any 
calendar year from 1996 through the calendar year preceding the 
previous calendar year.) For calendar years 1996 and 1997, the 
legislation directs the Department to weigh State-submitted use rates 
to insure national consistency in methods of measurement. For calendar 
years 1998 and beyond, States must establish their seat belt use rates 
in accordance with guidelines issued by the Secretary. This rulemaking 
provides the States with the required guidelines. These uniform 
criteria replace the ``Guidelines for State Observational Surveys of 
Safety Belt and Motorcycle Helmet Use,'' published in 1992, and 
rescinded by this rule.
The results of the survey conducted in accordance with this rule will 
be used in making allocations of a total of $418 million during fiscal 
years 2000 through 2003. This rule is being published as an interim 
final rule, with immediate effectiveness, because the criteria apply to 
surveys that the States must conduct during calendar year 1998. 
Moreover, most States conduct these types of surveys during the summer/
fall months.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              09/01/98                    63 FR 46389
Interim Final Rule Effective    09/01/98
Interim Final Rule Comment 
Period End                      01/29/99
Comment Period Extended to 03/
01/99                           02/23/99                     64 FR 8714
Final Action                    05/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: State

Agency Contact: Joan Tetrault, Office of State and Community Services, 
Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2121
Fax: 202 366-7394

RIN: 2127-AH46
_______________________________________________________________________




2430. MINIMUM PENALTIES FOR REPEAT OFFENDERS

Priority:  Substantive, Nonsignificant

Legal Authority:  PL 105-206, 112 Stat 834

CFR Citation:  23 CFR 1235

Legal Deadline: None

Abstract: Section 5 of the TEA-21 Restoration Act established a new 
program (under section 164 of chapter

[[Page 21703]]

1 of title 23) to encourage States to enact Repeat Intoxicated Driver 
laws. A State which does not have a Repeat Intoxicated Driver law will 
have certain Federal-aid highway funds transferred to the States 
section 402 State and Community Highway Safety grant program. This 
rulemaking action establishes the criteria and procedures to be 
followed to implement this transfer program.
Each State shall have in effect a Repeat Intoxicated Driver law that 
provides, as a minimum penalty, that an individual convicted of a 
second or subsequent offense for driving while intoxicated (DWI) or 
driving under the influence (DUI) after a previous conviction for that 
offense shall (A) receive a driver's license suspension for not less 
than 1 year; (B) be subject to the impoundment or immobilization of 
each of the individual's motor vehicles or the installation of an 
ignition interlock system on each of the motor vehicles; (C) receive an 
assessment of the individual's degree of abuse of alcohol and treatment 
as appropriate; and (D) receive (i) for 2nd offense, not less than 30 
days community service or 5 days of imprisonment; and (ii) for 3rd and 
subsequent offense, not less than 60 days community service or 10 days 
of imprisonment. On October 1, 2000, and October 1, 2001, if a State 
has not enacted and is not enforcing a Repeat Intoxicated Driver law, 
1-1/2 percent of the Federal-aid highway funds apportioned to the State 
under paragraphs (1), (3), and (4) of section 104(b) will be 
transferred to the State's section 402 apportionment. On October 1, 
2002, and each October 1 thereafter, if a State has not enacted and is 
not enforcing a Repeat Intoxicated Driver law, the transferred amount 
increases to 3 percent. Funds transferred to section 402 must be used 
for alcohol-impaired driving countermeasures or enforcement of driving 
while intoxicated (DWI) or driving under the influence (DUI) and other 
related laws. A State may elect to use all or part of its transferred 
funds for activities eligible under the section 152 Hazard Elimination 
Program. The Federal share of a project funded under this section is 
100 percent.
This rule was published as an interim final rule, with immediate 
effectiveness, because some state legislatures are not scheduled to 
meet in the year 2000, so they are preparing their legislative agendas 
now for their 1999 legislative sessions. The states have a need to know 
what the criteria will be as soon as possible so they can enact 
conforming legislation and avoid the transfer of funds on October 1, 
2000. The agency concluded, therefore, that prior notice and 
opportunity to comment on the rule was both impracticable and contrary 
to the public interest and found good cause to publish an interim final 
rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              10/19/98                    63 FR 55796
Interim Final Rule Effective    11/18/98
Comment Period End              12/18/98
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: State

Agency Contact: Marlene Markison, Chief, Program Support, Office of 
State and Community Services, Department of Transportation, National 
Highway Traffic Safety Administration, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-2121
Fax: 202 366-7394

RIN: 2127-AH47
_______________________________________________________________________




2431. ADJUSTMENT OF CIVIL PENALTIES

Priority:  Info./Admin./Other

Legal Authority:  PL 101-410

CFR Citation:  49 CFR 578

Legal Deadline:
Final, Statutory, January 1, 1999.

Abstract: The agency is adjusting the civil penalty amounts as required 
at least once every four years to reflect changes in consumer price 
index due to inflation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Taylor Vinson, Senior Attorney, Office of the Chief 
Counsel, Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-5263
Fax: 202 366-3820

RIN: 2127-AH48
_______________________________________________________________________




2432.  CERTIFICATION REQUIREMENTS FOR VEHICLE ALTERERS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 33101 to 33104

CFR Citation:  49 CFR 567

Legal Deadline: None

Abstract: The agency is proposing to amend the vehicle certification 
regulations that specify requirements for vehicle alterers. Under the 
existing regulations, an alterer is required to affix a label to any 
vehicle it alters certifying that the vehicle, as altered, conforms to 
all applicable Federal motor vehicle safety and bumper standards 
affected by the alteration. A vehicle manufacturer must certify that 
any vehicle it manufacturers conforms not only to the Federal motor 
vehicle safety and bumper standards, but, depending on the vehicle's 
classification and its date of manufacture, to the theft prevention 
standard as well. The proposed amendment would make the certification 
requirements for alterers consistent with those for manufacturers by 
requiring alterers to specify on their certification label, where 
appropriate, that the vehicle, as altered, conforms to all applicable 
Federal motor vehicle safety, bumper, and theft prevention standards 
affected by the alteration.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/11/99                     64 FR 6852
NPRM Comment Period End         03/29/99
Final Action                    10/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Coleman R. Sachs, Trial Attorney, Office of the Chief 
Counsel, Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-5238

[[Page 21704]]

Fax: 202 366-3820

RIN: 2127-AH49
_______________________________________________________________________




2433.  +LIGHT TRUCK FUEL ECONOMY STANDARDS FOR MODEL YEAR 2001

Priority:  Economically Significant. Major under 5 USC 801.

Legal Authority:  49 USC 329

CFR Citation:  49 CFR 533

Legal Deadline:
Final, Statutory, March 31, 1999, The statutory date requires that a 
standard be issued at least 18 months before the start of the affected 
model year.

Abstract: The agency is establishing the fuel economy standards for 
manufacturers of light truck fleets for model year 2001. At the 
direction of Congress, the standard is the same as the 20.7 mpg 
previously established for MY 2000. Therefore, there is no need for a 
notice of proposed rulemaking. This action is considered significant 
because of substantial public interest.
Section 322 of the FY 1999 DOT Appropriations Act precludes the agency 
from expending any funds to prepare, propose, or promulgate any fuel 
economy standard that differs from those currently in effect. The 
agency cannot consider any other alternative standards that may result 
in lower costs, lesser burdens, or more cost-effectiveness for state, 
local or tribal governments or the private sector. The agency has, 
therefore, not prepared a written assessment of this rule for the 
purposes of the Unfunded Mandates Act.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                      04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Orron Kee, Chief, Consumer Programs Division, 
Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-0846
Fax: 202 366-2739

RIN: 2127-AH52
_______________________________________________________________________




2434.  UNIFORM PROCEDURES FOR STATE HIGHWAY SAFETY PROGRAMS

Priority:  Substantive, Nonsignificant

Legal Authority:  23 USC ch 4

CFR Citation:  23 CFR 1200; 23 CFR 1205

Legal Deadline: None

Abstract: The agency established new uniform procedures governing the 
implementation of State highway safety programs by amending previous 
requirements to provide a more flexible system under which States are 
responsible for setting highway safety goals and implementing programs 
to achieve those goals. These new procedures are issued to provide 
guidance to the States.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              06/26/97                    62 FR 34397
Interim Final Rule Effective    06/26/97
Comment Period End              08/11/97
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: State, Local, Tribal

Additional Information: The RIN 2127-AG69 under which the action was 
originally opened was inadvertently closed in association with another 
unrelated action.

Agency Contact: John Donaldson, Senior Attorney, Office of the Chief 
Counsel, Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-1834
Fax: 202 366-3820

RIN: 2127-AH53
_______________________________________________________________________




2435.  PROCEDURES FOR PARTICIPATION IN AND RECEIVING DATA FROM 
THE NATIONAL DRIVER REGISTER PROBLEM DRIVER POINTER SYSTEM

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 30301

CFR Citation:  23 CFR 1327

Legal Deadline: None

Abstract: The agency is adopting as final changes made to the National 
Driver Register (NDR) regulations through an interim final rule that 
authorized the United States Coast Guard to request and receive NDR 
information. The interim final rule was published under RIN 2127-AG21. 
That RIN number was used for an interim final rule regarding air 
carrier access to the NDR. A final rule adopting the changes made in 
that interim final rule, which authorized air carrier access to the 
NDR, was published 01/05/98 (63 FR 149). This action will finalize the 
changes that authorize the Coast Guard to request and receive NDR 
information. This action will also amend the agency's regulations to 
reflect technical changes enacted in the Transportation Equity Act for 
the 21th Century (TEA-21).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: State

Agency Contact: Heidi L. Coleman, Assistant Chief Counsel for General 
Law, Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-1834
Fax: 202 366-3820

RIN: 2127-AH54
_______________________________________________________________________




2436.  EXTENSION OF COMPLIANCE DATE FOR ABS MALFUNCTION 
INDICATOR LAMP

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.105

Legal Deadline: None

Abstract: In response to a petition for rulemaking received on October 
20, 1998, the agency is extending the compliance date of the antilock 
brake system (ABS) malfunction indicator lamp activation protocol from 
March 1, 1999, to September 1, 1999. Because the original compliance 
date is so close, this action is being issued as an interim final rule 
in order to notify interested parties as quickly as possible of the 
extension of that compliance date.

[[Page 21705]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              02/26/99                     64 FR 9446
Interim Final Rule Effective    02/26/99
Interim Final Rule Comment 
Period End                      04/27/99
Agency Decision                 11/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: George Soodoo, Group Leader, Vehicle Dynamics Group, 
Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2720
Fax: 202 366-4329

RIN: 2127-AH55
_______________________________________________________________________




2437.  BUMPER STANDARD REQUIREMENTS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 301; 49 USC 325

CFR Citation:  49 CFR 571.108; 49 CFR 581

Legal Deadline: None

Abstract: This technical amendment is to remove from the bumper 
standard the protective criteria referring to visibility requirements 
of the lighting standard. This section of the lighting standard no 
longer exists. The references to SAE standards are also obsolete. A 
final rule is appropriate.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Orron Kee, Chief, Consumer Programs Division, 
Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-0846
Fax: 202 366-4329

RIN: 2127-AH59
_______________________________________________________________________




2438.  DYNAMICALLY DEPLOYING HEAD PROTECTION SYSTEMS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.201

Legal Deadline: None

Abstract: The agency is responding to petitions for reconsideration of 
the final rule published on August 4, 1998 (63 FR 41466 RIN No. 2127-
AG74). The final rule amended the upper interior impact requirements to 
allow, but not require, the installation of dynamically deploying head 
protection systems. The petitioners requested changes to regulation 
definitions and test procedures.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Clarke Harper, Chief, Light Duty Vehicle Division, 
Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2264
Fax: 202 366-4329

RIN: 2127-AH60
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                    Long-Term Actions


National Highway Traffic Safety Administration (NHTSA)



_______________________________________________________________________




2439. +CRASHWORTHINESS RATINGS

Priority:  Other Significant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 5

Legal Deadline: None

Abstract: This action would require manufacturers to disseminate 
crashworthiness performance information concerning their cars to the 
public, to provide consumers with comparative information on the 
crashworthiness performance of new car models. This rulemaking is 
considered significant because of the impact on manufacturers, the 
interest shown by consumers, and the potential significant effects on 
the automotive marketplace. The agency has requested public comments on 
the National Academy of Sciences (NAS) study titled ``Shopping for 
Safety - Providing Consumer Automotive Safety Information,'' (TRB 
Special Report 248) and how that study should be reflected in the 
agency's decision on whether, and if so, how, to proceed with a 
crashworthiness rating for automobiles.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/22/81                     46 FR 7025
Comment Period Extended to 10/
22/81                           04/02/81                    46 FR 19947
NPRM Comment Period End         04/22/81                     46 FR 7025
Request for Comments            05/20/97                    62 FR 27648
Comment Period End              08/18/97


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 01/22/81, 46 FR 7025

Agency Contact: Mary Versailles, Office of Planning and Consumer 
Programs, Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2057
Fax: 202 366-4329

RIN: 2127-AA03
_______________________________________________________________________




2440. +FLAMMABILITY OF INTERIOR MATERIALS--SCHOOL BUSES

Priority:  Other Significant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

[[Page 21706]]

CFR Citation:  49 CFR 571.302

Legal Deadline: None

Abstract: Advance Notice of Proposed Rulemaking requested comments 
regarding possible upgrade of Standard 302 to reduce the risk of fire 
to school bus occupants. This rulemaking is significant because of 
substantial public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           11/04/88                    53 FR 44627
ANPRM Comment Period End        01/03/89
Request for Comments            02/26/91                     56 FR 7826
Comment Period End              04/29/91


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: George Mouchahoir, Team Leader, Special Vehicles and 
Systems Division, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-4920
Fax: 202 366-4329

RIN: 2127-AA44
_______________________________________________________________________




2441. REVIEW: ODOMETER FRAUD

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 580

Legal Deadline: None

Abstract: This review involves analysis of the incident rates and costs 
of odometer fraud and an assessment of State and Federal efforts to 
combat odometer fraud. To complete this review, the agency has 
requested permission to collect a sample of odometer readings of 
registered passenger cars that are less than 10 years old from vehicle 
dealers, distributors, vehicle title files, and State Department of 
Motor Vehicle agencies. Congress has directed the agency to conduct 
this review.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    10/01/95
Request for Comment; Collection 
of Information                  09/23/96                    61 FR 49809
Comment Period End              11/11/96
Request for Comment; Collection 
of Information                  06/06/97                    62 FR 31186
Comment Period End              07/07/97
Complete Review                 05/00/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Charles J. Kahane, Chief, Evaluation Division, Office 
of Plans and Policy, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-2560
Fax: 202 366-2559

RIN: 2127-AF53
_______________________________________________________________________




2442. +REVIEW: SIDE IMPACT PROTECTION

Priority:  Other Significant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.214

Legal Deadline: None

Abstract: This standard requires passenger cars manufactured after 
September 1, 1996, to provide occupant protection when impacted in the 
side by a moving deformable barrier. The agency will compare the actual 
risk of occupant injury in side impact crashes of cars meeting the 
standard to the risk in pre-standard cars. The cost of the standard 
will also be estimated. This regulation was selected for review because 
of its costs, potential benefits, and public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    10/01/94
Complete Review                 06/00/02

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Charles J. Kahane, Chief, Evaluation Division, Office 
of Plans and Policy, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-2560
Fax: 202 366-2559

RIN: 2127-AF54
_______________________________________________________________________




2443. REVIEW: AMERICAN AUTOMOBILE LABELING ACT

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 32304

CFR Citation:  49 CFR 583

Legal Deadline: None

Abstract: The American Automobile Labeling Act requires new passenger 
cars and light trucks, beginning October 1, 1994, to bear labels 
providing information on the extent to which their parts are of 
domestic origin. The objective of this review is to determine the 
extent to which new-vehicle buyers know about, understand and use this 
information, and to estimate the effect of the labels on vehicle 
production and sales.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    12/01/95
Request for Comment; Collection 
of Information                  07/24/97                    62 FR 39886
Comment Period End              09/22/97
Request for Comment; Collection 
of Information                  02/18/98                     63 FR 8249
Request for Comment; Collection 
of Information                  02/26/98                     63 FR 9897
Complete Review                 04/00/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Charles J. Kahane, Chief, Evaluation Division, Office 
of Plans and Policy, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-2560
Fax: 202 366-2559

RIN: 2127-AG18
_______________________________________________________________________




2444. REVIEW: HEAVY TRUCK CONSPICUITY

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.108

Legal Deadline: None

[[Page 21707]]

Abstract: The agency is initiating a study to evaluate the safety 
effects of the conspicuity systems requirement (section 5.7) of Federal 
Motor Vehicle Safety Standard No. 108. To carry out the study, the 
agency is having special motor vehicle crash data collected by the 
Florida Highway Patrol and the Pennsylvania State Police.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    09/01/95
Request for Comment; Collection 
of Information                  07/01/96                    61 FR 33891
Comment Period End              08/30/96
Complete Review                 06/00/01

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Charles J. Kahane, Chief, Evaluation Division, Office 
of Plans and Policy, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-2560
Fax: 202 366-2559

RIN: 2127-AG19
_______________________________________________________________________




2445. STATE ISSUED IDENTIFICATION DOCUMENTS

Priority:  Substantive, Nonsignificant

Legal Authority:  PL 104-208, sec 656

CFR Citation:  23 CFR 1331

Legal Deadline:
NPRM, Statutory, September 30, 1997.

Abstract: The agency issued a notice of proposed rulemaking to 
implement the requirements contained in section 656(b) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996. This 
section of the Act entitled State-Issued Driver's Licenses and 
Comparable Identification Documents, provides that a Federal agency may 
only accept as proof of identity a driver's license or identification 
document that conforms to specific requirements, in accordance with 
regulations issued by the Department of Transportation. The agency 
received over 2000 comments to this notice. The agency's appropriations 
act imposed a restriction on the use of FY 99 funds to issue a final 
rule implementing the proposed requirements.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/17/98                    63 FR 33220
Comment Period Extended to      08/19/98                    63 FR 44415
NPRM Comment Period End         10/02/98
Final Action                    05/00/00

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: State, Federal

Agency Contact: William Holden, Division Chief, Driver Register and 
Traffic Records Division, Department of Transportation, National 
Highway Traffic Safety Administration, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-4800
Fax: 202 366-2746

RIN: 2127-AG91
_______________________________________________________________________




2446. REVIEW: CHILD SAFETY SEAT REGISTRATION

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.213; 49 CFR 588

Legal Deadline: None

Abstract: This evaluation involves analysis of the effectiveness of 
registering child safety seats to increase response to reports of 
recalled seats. This regulation was selected for review because of 
public interest in child passenger safety.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    10/01/97
Complete Review                 03/00/01

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Charles Kahane, Chief, Evaluation Division, Office of 
Plans and Policy, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-2560
Fax: 202 366-2559

RIN: 2127-AG93
_______________________________________________________________________




2447. REVIEW: AIR BAG ON-OFF SWITCHES

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
40 USC 30166

CFR Citation:  49 CFR 571.208

Legal Deadline: None

Abstract: This standard allows passenger vehicles to be equipped with 
an on-off switch for the right front passenger air bag if the rear seat 
cannot accommodate a rear-facing infant seat. The standard also enables 
vehicle owners to obtain an on-off switch for their passenger and/or 
driver air bag if they transport people who should not be exposed to an 
air bag deployment. The agency will determine, by observation of 
vehicles in use, the percentage of on-off switches that are being 
correctly used. This regulation was selected for review because of its 
public interest and potential benefit.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    04/01/98
Complete Review                 12/00/01

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Charles J. Kahane, Chief, Evaluation Division, Office 
of Plans and Policy, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-2560
Fax: 202 366-2559

RIN: 2127-AH12
_______________________________________________________________________




2448. REVIEW: DEPOWERED AIR BAGS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.208

Legal Deadline: None

Abstract: This standard was temporarily amended to make the unbelted 
test for vehicles with air bags less stringent and, in effect, make it 
easier for manufacturers to quickly depower their air bags. Depowered 
air bags are likely to benefit out-of-position

[[Page 21708]]

occupants and reduce drivers' arm injuries, but they might be less 
effective than earlier air bags for some occupants. This regulation was 
selected for review because of public interest, potential benefits, and 
possibility of higher risk for some vehicle occupants.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    05/01/98
Complete Review                 12/00/02

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Charles J. Kahane, Chief, Evaluation Division, Office 
of Plans and Policy, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-2560
Fax: 202 366-2559

RIN: 2127-AH13
_______________________________________________________________________




2449. TRANSMISSION CONTROL LEVERS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.102

Legal Deadline: None

Abstract: In response to a petition for rulemaking, the agency is 
considering whether to issue a proposal to add requirements for 
vehicles without conventional mechanical transmission shift levers. The 
petitioner would like to use new interfaces that do not use the 
mandated linear sequence of PRNDL for automatic transmission gear 
selection indicated and to use push button switches, joy stick switches 
or voice activation as new driver interfaces with the transmission gear 
selection.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            06/04/98                    63 FR 30449
Comment Period End              09/02/98


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Richard VanIderstine, Division Chief, Visibility and 
Controls Division, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-5280
Fax: 202 366-4329

RIN: 2127-AH21
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                    Completed Actions


National Highway Traffic Safety Administration (NHTSA)



_______________________________________________________________________




2450. REVIEW: LAMPS, REFLECTIVE DEVICES, AND ASSOCIATED EQUIPMENT

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.108

Legal Deadline: None

Abstract: Standard 108 requires passenger cars sold after October 1, 
1985, to be equipped with center high-mounted stop lamps (CHMSLs). 
NHTSA undertook a staff evaluation of the safety effectiveness, 
benefits, and cost of CHMSLs. A preliminary report was published in 
March 1987, an interim report in August 1989, and a final report in 
April 1998.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Preliminary Evaluation Report 
Published                       03/20/87                     52 FR 9609
Interim Evaluation Report 
Published                       08/04/89                    54 FR 32153
Interim Evaluation Report 
Comments Reviewed and Docketed  02/21/90
Final Evaluation Report         04/07/98                    63 FR 17043
Comment Period End              08/05/98
End Review                      12/28/98

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Additional Information: The final evaluation report indicated that cars 
and light trucks equipped with center high-mounted stop lamps were 4.3 
percent less likely to be struck in the rear while braking than cars 
and light trucks without the lamps. Comments on final report placed in 
Docket 12/28/98.

Agency Contact: Charles J. Kahane, Chief, Evaluation Division, Office 
of Plans and Policy, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-2560
Fax: 202 366-2559

RIN: 2127-AB76
_______________________________________________________________________




2451. +SCHOOL BUS BODY JOINT STRENGTH

Priority:  Other Significant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.221

Legal Deadline: None

Abstract: In response to NTSB recommendations on body joint strength 
and maintenance access panels as well as the agency's own analyses, 
this rulemaking action improves the test requirements and test 
procedures for the body joints of school buses and limits the number 
and size of maintenance access panels that are excluded from the 
requirements of the standard. The agency believes that this rule will 
prevent 26-35 AIS 3 injuries per year when fully implemented. This 
rulemaking is considered significant because of substantial public and 
congressional interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           06/15/87                    52 FR 23314
ANPRM Comment Period End        08/03/87

[[Page 21709]]

Comment Period Extended to 10/
15/87                           08/12/87                    52 FR 29873
NPRM                            03/15/91                    56 FR 11142
NPRM Comment Period End         05/14/91
Final Action                    11/05/98                    63 FR 59732
Final Action Effective          05/05/00

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 11/05/98, 63 FR 59732

Agency Contact: George Mouchahoir, Team Leader, Special Vehicles and 
Systems Division, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-4920
Fax: 202 366-4329

RIN: 2127-AC19
_______________________________________________________________________




2452. DRIVING RANGE DETERMINATION FOR DUAL FUEL ELECTRIC PASSENGER 
AUTOMOBILES

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 32901; 49 USC 32905; 49 USC 32906

CFR Citation:  49 CFR 538

Legal Deadline: None

Abstract: After reviewing comments received in response to the 
September 22, 1994 (59 FR 48589) notice, the agency has set the minimum 
driving range only for dual fueled electric passenger automobiles, 
otherwise known as hybrid electric vehicles (HEVs), at 7.5 miles on the 
EPA highway cycle and 10.2 miles on the EPA city cycle when operating 
on electricity alone. The purpose of establishing the range is to meet 
a statutory requirement intended to encourage the production of HEVs. 
An HEV which meets the range requirement would qualify to have its fuel 
economy calculated according to a special procedure that would 
facilitate the efforts of its manufacturer to comply with the corporate 
average fuel economy standard. The agency has also established a 
procedure through which manufacturers of HEVs that do not meet the 
minimum driving range requirements may petition the agency for relief.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            09/22/94                    59 FR 48589
Comment Period End              11/24/94
NPRM                            01/03/97                      62 FR 375
NPRM Comment Period End         03/04/97
Final Action                    12/01/98                    63 FR 66064
Final Action Effective          02/01/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 12/01/98, 63 FR 66064

Agency Contact: Orron Kee, Chief, Motor Vehicle Requirements Division, 
Office of Market Incentives, Department of Transportation, National 
Highway Traffic Safety Administration, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-0846
Fax: 202 366-4329

RIN: 2127-AF37
_______________________________________________________________________




2453. CYLINDER REQUIREMENTS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.304

Legal Deadline: None

Abstract: In response to petitions for rulemaking, the agency has 
deleted the material and manufacturing process requirements for 
compressed natural gas fuel containers. This amendment is based on the 
most recent proposed voluntary industry standard. The agency also 
believes that such this amendment will facilitate technological 
innovation, without any detriment to safety.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/30/97                    62 FR 29323
NPRM Comment Period End         07/14/97
Final Action                    12/03/98                    63 FR 66762
Final Action Effective          01/04/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 12/03/98, 63 FR 66762

Agency Contact: George Mouchahoir, Team Leader, Special Vehicles and 
Systems Division, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-4920
Fax: 202 366-4329

RIN: 2127-AF51
_______________________________________________________________________




2454. REVIEW: THEFT PREVENTION--5-YEAR REPORT TO CONGRESS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 33112; 49 USC 33113(b)

CFR Citation:  49 CFR 541

Legal Deadline:
Other, Statutory, October 25, 1997, The Anti Car Theft Act of 1992 was 
enacted on October 25 1992.

Abstract: The standard requires certain passenger motor vehicles to 
have identifying numbers or symbols to be placed on major parts to 
reduce the incidence of motor vehicle thefts by facilitating the 
tracking and recovering of parts from stolen vehicles. Five years after 
enactment of the Anti Car Theft Act of 1992, the Secretary of 
Transportation shall submit to Congress a report on the effects of the 
standard on motor vehicle thefts and recoveries.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Preliminary Evaluation Report   06/26/97                    62 FR 34494
Comment Period End              08/11/97
End Review                      07/28/98

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Additional Information: The Report to Congress indicated that theft 
rates, which increased during the 1980's, leveled off or even began to 
decline after 1989-90. Recovery rates changed little during 1984-95. 
Parts marking and anti-theft devices have had beneficial effects on 
auto thefts and/or recoveries. The provisions of the 1984 and 1992 
Theft Acts along with parts marking and anti-theft devices have given 
law

[[Page 21710]]

enforcement tools to deter thefts, trace stolen vehicles and parts, and 
apprehend and convict thieves. This Report to Congress completed July 
28, 1998.

Agency Contact: Charles J. Kahane, Chief, Evaluation Division, Office 
of Plans and Policy, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-2560
Fax: 202 366-2559

RIN: 2127-AF55
_______________________________________________________________________




2455. AUXILIARY SIGNAL LAMPS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.108

Legal Deadline: None

Abstract: In response to a petition for rulemaking, the agency 
published a request for comments from the driving public on the value 
of several signal lamp ideas which have been suggested to the agency 
and on whether the agency should permit auxiliary signal lamps in 
addition to those required by the standard. The agency also requested 
comments on a policy for the disposition of petitions for rulemaking 
that request the agency to require or permit safety lighting inventions 
and which are submitted without proof of their effectiveness. The 
agency has withdrawn rulemaking initiated on this Advance Brake Warning 
System (ABWS). However, the agency will participate in an international 
effort under the aegis of the United Nations' Meeting of Experts on 
Lighting to develop a process for evaluating new ideas for signal lamps 
on vehicles.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            12/13/96                    61 FR 65510
Comment Period End              03/13/97
Comment Period Extended to 11/
26/97                           10/27/97                    62 FR 55562
Withdrawn                       11/04/98                    63 FR 59482

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Richard VanIderstine, Division Chief, Visibility and 
Control Division, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-5280
Fax: 202 366-4329

RIN: 2127-AG38
_______________________________________________________________________




2456. HYBRID III DUMMY SPECIFICATIONS--CLOTHING

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 572

Legal Deadline: None

Abstract: The agency has clarified the Hybrid III dummy clothing and 
shoes specifications that are to be worn during testing, defined an 
opening in the femur flesh, and the use of the lumbar spine load cell.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/07/97                    62 FR 42469
NPRM Comment Period End         10/06/97
Final Action                    10/07/98                    63 FR 53848
Final Action Effective          11/06/98

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 10/07/98, 63 FR 53848

Agency Contact: Stanley Backaitis, Engineer, Office of Crashworthiness 
Standards, Department of Transportation, National Highway Traffic 
Safety Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-4912
Fax: 202 366-4329

RIN: 2127-AG39
_______________________________________________________________________




2457. +UNIFORM CHILD ANCHORAGES

Priority:  Economically Significant. Major under 5 USC 801.

Unfunded Mandates: This action may affect the private sector under       
    PL 104-4.

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.213; 49 CFR 571.225

Legal Deadline: None

Abstract: In response to several petitions for rulemaking, the agency 
has established a new Federal motor vehicle safety standard that 
requires motor vehicle manufacturers to provide motorists with a new 
way of installing child restraints. In the future, vehicles will be 
equipped with child restraint anchorage systems that are standardized 
and independent of the vehicle seat belts. This final rule was issued 
because the full effectiveness of child restraint systems was not being 
realized. The reasons for this included design features affecting the 
compatibility of child restraints and both vehicle seats and vehicle 
seat belts, this action makes possible more effective child restraint 
installation and will thereby increase child restraint effectiveness 
and child safety. This action was considered significant because of 
public interest. Petitions were granted.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Public Workshop: Request for 
Comments                        09/10/96                    61 FR 47728
Correction                      09/20/96                    61 FR 49427
Comment Period End              10/25/96
NPRM                            02/20/97                     62 FR 7858
NPRM Comment Period End         05/22/97
Final Action                    03/05/99                    64 FR 10785
Final Action Effective          09/01/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 03/05/99, 64 FR 10785

Agency Contact: George Mouchahoir, Team Leader, Special Vehicles and 
Systems Division, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-4920
Fax: 202 366-4329

RIN: 2127-AG50


_______________________________________________________________________



[[Page 21711]]

2458. UTILITY VEHICLE LABEL

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 575.105

Legal Deadline: None

Abstract: The agency has revised the content and format of the utility 
vehicle label requirements for multipurpose passenger vehicles with a 
wheelbase of 110 inches or less to improve the effectiveness of the 
label. This action is an effort to reduce the rollover rate of utility 
vehicles by modifying the existing rollover warning label for those 
vehicles so that it will more effectively alert their drivers to the 
risk that the vehicle will roll over, the steps they can take to avoid 
that risk, and the steps they can take to reduce the chance of injury 
in a rollover.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/13/98                    63 FR 17974
NPRM Comment Period End         06/12/98
Final Action                    03/09/99                    64 FR 11723
Final Action Effective          09/01/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 03/09/99, 64 FR 11723

Agency Contact: Mary Versailles, Office of Planning and Consumer 
Programs, Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2057
Fax: 202 366-4329

RIN: 2127-AG53
_______________________________________________________________________




2459. CERTIFICATION LABELS FOR MULTIPURPOSE PASSENGER VEHICLES AND LIGHT 
DUTY TRUCKS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 33101; 49 USC 33102; 49 USC 33103; 49 USC 33104

CFR Citation:  49 CFR 567

Legal Deadline: None

Abstract: The agency has amended the vehicle certification regulation 
that specifies the contents of certification labels that manufacturers 
are required to affix to new motor vehicles. This amendment requires 
the certification label for multipurpose passenger vehicles and trucks 
with a gross vehicle weight rating of not more than 6,000 pounds to 
specify that the vehicle complies with all applicable Federal motor 
vehicle safety and theft prevention standards. The current regulation 
only requires a statement of compliance with safety standards. The Anti 
Car Theft Act of 1992 extended the theft prevention standard to 
multipurpose passenger vehicles and trucks rated at not more than 6,000 
pounds.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/25/98                    63 FR 34623
NPRM Comment Period End         08/10/98
Final Action                    02/11/99                     64 FR 6815
Correction                      02/26/99                     64 FR 9445
Final Action Effective          06/11/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Coleman Sachs, Trial Attorney, Office of Chief Counsel, 
Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-5263

RIN: 2127-AG65
_______________________________________________________________________




2460. UNIFORM PROCEDURES FOR STATE HIGHWAY SAFETY PROGRAMS

Priority:  Substantive, Nonsignificant

Legal Authority:  23 USC 402

CFR Citation:  23 CFR 1200

Legal Deadline: None

Abstract: The agency is proposing to amend the regulation for the State 
Highway Safety Program to change the submission date for the State's 
Highway Safety Plan documents. This action has been terminated because 
the proposed change was included under RIN No. 2127-AH53.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Action Terminated               02/24/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: State, Local, Tribal

Agency Contact: John Donaldson, Senior Attorney, Office of Chief 
Counsel, Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-1834
Fax: 202 366-3820

RIN: 2127-AH01
_______________________________________________________________________




2461. INSURER REPORTING REQUIREMENTS FOR OCTOBER 1998

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 33112

CFR Citation:  49 CFR 544

Legal Deadline: None

Abstract: The agency is updating its lists in the appendices of 
passenger motor vehicle insurers that are required to file reports on 
their motor vehicle theft loss experience. Each insurer included in any 
of these appendices must file a report for the 1995 calendar year not 
later than 30 days after publication of the final rule in the Federal 
Register. Further, as long as the insurer remains listed, it must 
submit reports by each subsequent October 25. Pursuant to the insurer 
reports and information, the agency requires certain passenger motor 
vehicle insurers to file an annual report with the agency. Each 
insurer's report includes information about thefts and recoveries of 
motor vehicles, the rating rules used by the insurer to establish 
premiums for comprehensive coverage, the actions taken by the insurer 
to reduce such premiums, and the actions taken by the insurer to reduce 
or deter theft.

[[Page 21712]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/04/98                    63 FR 24519
NPRM Comment Period End         07/06/98
Final Action                    12/18/98                    63 FR 70051
Final Action Effective          12/18/98

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: See RIN 2127-AH62 for October 1999 proposed 
update requirements.

Agency Contact: Rosalind Proctor, Group Leader, Motor Vehicle Theft 
Prevention Group, Department of Transportation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590
Phone: 202 366-0846
Fax: 202 366-2739

RIN: 2127-AH05
_______________________________________________________________________




2462. DEPOWERING OF AIR BAGS: TECHNICAL AMENDMENT

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30115; 49 USC 30117; 49 USC 30166

CFR Citation:  49 CFR 571.208

Legal Deadline: None

Abstract: The agency is amending the final rule that was published 
March 19, 1997 (RIN 2127-AG59) that allows the depowering of air bags. 
This technical amendment clarifies that: (1) the ``corridor'' defining 
the permissible range of acceleration with respect to time can itself 
be shifted with respect to time to contain the time at which the sled 
acceleration first reaches 0.5 g; (2) the neck injury criteria for 
flexion bending moment and extension bending moment are intended to be 
measured by the six axis load cell and corrected to reflect the 
corresponding values at the occipital condyles; and (3) prior to 
testing the engine, transmission, axles, exhaust, vehicle frame, and 
vehicle body should be rigidly secured and adequately attached to the 
vehicle and/or the sled. Fluids, batteries and unsecured components may 
be removed.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    12/28/98                    63 FR 71390
Final Action Effective          12/28/98

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Clarke Harper, Division Chief, Light Duty Vehicle 
Division, Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2264
Fax: 202 366-4329

RIN: 2127-AH24
_______________________________________________________________________




2463. WARNING LIGHT REQUIREMENTS FOR AIR BAG ON-OFF SWITCH

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.208

Legal Deadline: None

Abstract: In response to a petition for rulemaking, the agency has 
amended the location requirement for the telltale warning light 
provided with air bag on-off switches to relieve a design restriction 
and to allow more flexibility in the placement of the warning light.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/20/98                    63 FR 38795
NPRM Comment Period End         09/03/98
Final Action                    01/14/99                     64 FR 2446
Final Action Effective          01/14/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation, 01/14/99, 64 FR 2446

Agency Contact: Clarke Harper, Division Chief, Light Duty Vehicle 
Division, Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2264
Fax: 202 366-4329

RIN: 2127-AH25
_______________________________________________________________________




2464. LIST OF NONCONFORMING VEHICLES ELIGIBLE FOR IMPORTATION

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 322; 49 USC 30141

CFR Citation:  49 CFR 593

Legal Deadline: None

Abstract: This final action amends the list of vehicles not originally 
manufactured to conform to all applicable Federal motor vehicle safety 
standards that the agency has decided to be eligible for importation. 
This list is published as an appendix to this regulation which 
established the procedures through which the agency makes import 
eligibility decisions. The amendment will add to the list all vehicles 
that the agency has decided to be eligible for importation since the 
list was last published on October 1, 1997.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    09/21/98                    63 FR 51534
Final Action Effective          09/21/98

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: Because this rule only furnishes information 
and imposes no regulatory requirement, the agency had good cause to 
dispense with a notice of proposed rulemaking.

Agency Contact: Coleman R. Sachs, Trial Attorney, Office of Chief 
Counsel, Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-5238
Fax: 202 366-3820
Email: [email protected]

RIN: 2127-AH28
_______________________________________________________________________




2465. THERMAL TEST PROCEDURE FOR PASSENGER CAR BRAKE SYSTEM STANDARD

Priority:  Substantive, Nonsignificant

Unfunded Mandates: This action may affect the private sector under       
    PL 104-4.

[[Page 21713]]

Legal Authority:  49 USC 322; 49 USC 30111; 49 USC 30115; 49 USC 30117; 
49 USC 30166

CFR Citation:  49 CFR 571.135

Legal Deadline: None

Abstract: The agency granted a petition for rulemaking requesting that 
three constant deceleration stops be added at the onset of the thermal 
test sequence for purposes of establishing performance requirements for 
the subsequent ``hot performance'' and ``recovery performance'' test. 
Based on available information, the agency believes that the 
practicability testing problems cited by the petitioner will not result 
in vehicle non-compliance unless a given vehicle's brake system is 
severely degraded by heating. Therefore, the agency has decided to 
withdraw further rulemaking on this issue.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Action Terminated               02/24/99                     64 FR 9115

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: George Soodoo, Group Leader, Vehicle Dynamics Group, 
Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2720
Fax: 202 366-4329

RIN: 2127-AH31
_______________________________________________________________________




2466.  TEMPORARY EXEMPTION FROM FEDERAL MOTOR VEHICLE SAFETY 
STANDARDS AND BUMPER STANDARD

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 30113; 49 USC 32506; PL 105-277

CFR Citation:  49 CFR 555; 49 CFR 581

Legal Deadline: None

Abstract: The agency has implemented statutory amendments authorizing 
the agency to provide temporary exemptions from the bumper standard in 
the same manner as exemptions from the Federal motor vehicle safety 
standards.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    01/19/99                     64 FR 2858
Final Action Effective          01/19/99
Correction                      02/05/99                     64 FR 5866

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Taylor Vinson, Senior Attorney, Office of the Chief 
Counsel, Department of Transportation, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-5263
Fax: 202 366-3820

RIN: 2127-AH51
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                        Prerule Stage


Federal Railroad Administration (FRA)



_______________________________________________________________________




2467. +HOURS OF SERVICE ELECTRONIC RECORDKEEPING PROJECT

Priority:  Other Significant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 20103

CFR Citation:  49 CFR 228

Legal Deadline: None

Abstract: In 1994, the Federal Railroad Administration (FRA) launched a 
major project to facilitate maintenance of hours-of-service records and 
submission of ``excess service'' reports in an electronic, rather than 
a paper, format. FRA is proposing a model waiver to railroads 
interested in maintaining electronic records for train and engine 
service employees. These employees compose the vast majority of those 
subject to the statutory limitations on hours of service. This project 
will eventually lead to the formal revision of 49 CFR 228. This is 
considered significant due to public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Grant or Deny Waiver Application10/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Several mergers in the railroad industry, and 
difficulties in adapting computer systems have delayed this action.

Agency Contact: David Kasminoff, Trial Attorney, Mail Stop 10, 
Department of Transportation, Federal Railroad Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 493-6043

RIN: 2130-AB04
_______________________________________________________________________




2468. TOURIST AND HISTORIC WORKING GROUP REGULATORY REVIEW

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 20103

CFR Citation:  None

Legal Deadline: None

Abstract: The Tourist and Historic Working Group of the Railroad Safety 
Advisory Committee was established to review existing and proposed 
regulations for their appropriate applicability to one segment of FRA's 
small business customers, the tourist and historic railroads. In 
addition, the group is examining FRA's policy with respect to exercise 
of jurisdiction over railroads off the general system of rail 
transportation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    04/01/96
Complete Review                 10/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

[[Page 21714]]

Government Levels Affected: Undetermined

Additional Information: This rulemaking represents a long-term effort 
to review existing and proposed regulations for their appropriate 
applicability to tourist and historic railroads. The group was created 
in April of 1996 and met on June 17 - 18, 1996. Thus far, the group has 
reviewed the Steam Locomotive standards and FRA's Accident/Incident 
Reporting standards and provided recommendations regarding their 
applicability to the tourist and historic railroad industry. (See 
Notice of Meeting, 61 FR 54698.) The group is anticipated to next 
review the final rules on Track Safety Standards and Rail Passenger 
Service: Emergency Preparedness.

Agency Contact: Lawrence Wagner, Deputy Assistant Chief Counsel, 
Department of Transportation, Federal Railroad Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 493-6052

RIN: 2130-AB12
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                  Proposed Rule Stage


Federal Railroad Administration (FRA)



_______________________________________________________________________




2469. +WHISTLE BANS AT HIGHWAY-RAIL GRADE CROSSINGS

Priority:  Other Significant

Legal Authority:  49 USC 20103

CFR Citation:  49 CFR 222

Legal Deadline:
Final, Statutory, November 2, 1996.
Final, Statutory, November 2, 1998.

Abstract: This action would govern the use of train whistles at grade 
crossings. This action is considered significant because of substantial 
public interest. This action is being taken pursuant to statutory 
mandate. FRA has issued notice of intent to prepare an environmental 
impact statement (EIS) for the proposed rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Intent to Prepare EIS 05/26/98                    63 FR 28549
NPRM                            04/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: State, Local

Additional Information: 
ANALYSIS: Regulatory Evaluation

Agency Contact: Mark Tessler, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 400 Seventh Street 
SW., Washington, DC 20590
Phone: 202 493-6061

RIN: 2130-AA71
_______________________________________________________________________




2470. +LOCOMOTIVE CAB WORKING CONDITIONS

Priority:  Other Significant

Legal Authority:  49 USC 20103

CFR Citation:  49 CFR 229

Legal Deadline:
Final, Statutory, March 3, 1995.

Abstract: The agency has proposed to address crew working conditions on 
locomotives, pursuant to the Rail Safety Enforcement and Review Act 
(1992). FRA investigated a variety of locomotive working conditions, 
including sanitation, noise and temperature, and reported its findings 
to Congress. On October 31, 1996, the Railroad Safety Advisory 
Committee (RSAC) accepted a preliminary planning task to schedule 
handling of these issues, and established the Locomotive Crew Safety 
Working Group. The Working Group created a Noise Task Group and a 
Temperature Task Group, and those task groups are meeting regularly to 
address employee exposure to noise and temperature extremes. The 
Working Group has met on several occasions and is addressing sanitation 
in locomotive cabs. This project is considered significant because of 
substantial public interest. FRA is awaiting the advice and 
recommendations of RSAC before taking further regulatory action.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Open Meeting Notice             07/22/94                    59 FR 37528
Report to Congress              09/18/96
NPRM                            10/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Additional Information: As originally proposed, this rulemaking 
addressed both crew working conditions on locomotives and the 
crashworthiness of locomotives. However, in anticipation of issuing two 
distinct rulemakings, FRA has separated crashworthiness of locomotives 
out from the original proposal (RIN 2130-AB23).

Agency Contact: Christine Beyer, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 400 Seventh Street 
SW., Washington, DC 20590
Phone: 202 493-6027

RIN: 2130-AA89
_______________________________________________________________________




2471. +ENVIRONMENTAL IMPACT AND RELATED PROCEDURES (FRA, FTA, FHWA)

Priority:  Other Significant

Legal Authority:  49 USC 322; 42 USC 4332

CFR Citation:  49 CFR 267; 49 CFR 622; 23 CFR 771

Legal Deadline: None

Abstract: The Federal Transit Administration (FTA) and the Federal 
Highway Administration (FHWA) currently have a joint environmental 
regulation at 23 CFR 771, ``Environmental Impact and Related 
Procedures,'' that outlines requirements for complying with the 
National Environmental Policy Act and related laws and regulations. The 
Federal Railroad Administration (FRA) has ``Procedures for Considering 
Environmental Impacts'' (45 FR 40854, June 16, 1980) which serve the 
same purposes. FTA and FHWA are revising their regulation to serve 
program needs. In order to achieve consistency in environmental 
analysis for surface transportation modes and to update its existing 
environmental procedures which were issued in 1980, the FRA will join 
with FTA and FHWA in developing an environmental regulation that 
applies to all three modal Administrations. This action is

[[Page 21715]]

considered significant because of public, congressional, and 
environmental concerns and because it involves several departmental 
modes. The FTA RIN is 2132-AA43; the FHWA RIN is 2125-AD32.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Governmental Jurisdictions

Government Levels Affected: Undetermined

Additional Information: 
ANALYSIS: Economic Assessment

Agency Contact: William R. Fashouer, Senior Attorney, Department of 
Transportation, Federal Railroad Administration, 400 Seventh Street 
SW., Washington, DC. 20590
Phone: 202 493-6033

RIN: 2130-AA93
_______________________________________________________________________




2472. +POSITIVE TRAIN CONTROL

Priority:  Other Significant

Legal Authority:  49 USC 20103

CFR Citation:  49 CFR 220; 49 CFR 236

Legal Deadline: None

Abstract: Consistent with Congressional mandate, FRA has continued its 
commitment to identifying high risk corridors which may better support 
PTC investment; supporting PTC technology development, testing and 
compatibility; and promoting deployment of PTC technology on high risk 
corridors in the near future. In September, 1997, FRA initiated joint 
fact finding efforts through the Railroad Safety Advisory Committee 
(RSAC) Working Group on PTC. The advice and recommendations of RSAC 
will form the basis for proceeding to an NPRM. The initial rulemaking 
will address technical standards for PTC, amending 49 CFR part 236.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Additional Information: FRA has separated out of this rulemaking its 
action entitled Radio Communication, which revised its radio rules for 
more flexibility and to include requirements for the presence of radios 
and/or some means of wireless communication (RIN 2130-AB19).

Agency Contact: Cynthia Walters, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 400 Seventh Street 
SW., Washington, DC 20590
Phone: 202 493-6064

RIN: 2130-AA94
_______________________________________________________________________




2473. +LOCOMOTIVE CRASHWORTHINESS

Priority:  Other Significant

Legal Authority:  49 USC 20103

CFR Citation:  49 CFR 229

Legal Deadline:
Final, Statutory, March 3, 1995.

Abstract: The agency has proposed to address the crashworthiness of 
locomotives pursuant to the Rail Safety Enforcement and Review Act 
(1992). FRA investigated locomotive crashworthiness, as well as a 
variety of locomotive working conditions (See RIN 2130-AA89) and 
reported its finding to Congress. On October 31, 1996, the Railroad 
Safety Advisory Committee (RSAC) accepted a preliminary planning task 
to schedule handling of these issues. The Locomotive Crew Safety 
Working Group met on January 23, 1997 to develop task statements that 
were forwarded to the full RSAC and accepted on June 24, 1997. This 
project is considered significant because of substantial public 
interest. FRA is awaiting advice and recommendations from RSAC before 
taking further regulatory action.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Open Meeting Notice             07/22/94                    59 FR 37528
Report to Congress              09/18/96
NPRM                            07/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Additional Information: This rulemaking was originally included in RIN 
2130-AA89, Locomotive Cab Working Conditions.

Agency Contact: David T. Matsuda, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 400 Seventh Street 
SW., Washington, DC 20590
Phone: 202 493-6046

RIN: 2130-AB23
_______________________________________________________________________




2474. +AMENDMENT OF REGULATIONS GOVERNING RAILROAD REHABILITATION AND 
IMPROVEMENT FINANCING

Priority:  Other Significant

Legal Authority:  45 USC 821 et seq; PL 105-78

CFR Citation:  49 CFR 260

Legal Deadline: None

Abstract: This action would amend the current regulations by replacing 
the railroad financing programs with a new loan and loan guarantee 
program. Section 7203 of the Transportation Equity Act for the 21st 
Century authorizes the Secretary of Transportation to provide direct 
loans and loan guarantees to State and local governments, government 
sponsored authorities and corporations, railroads, and joint ventures, 
that include at least one railroad. This is significant because a total 
of $3.5 billion has been authorized for the program and the rule may 
have an annual effect on the economy of $100 million or more until the 
principal cap of $3.5 billion is reached.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: None

Agency Contact: JoAnne McGowan, Chief, Freight Programs Division, 
Department of Transportation, Federal Railroad Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 493-3290

RIN: 2130-AB26


_______________________________________________________________________



[[Page 21716]]

2475. ROADWAY MAINTENANCE MACHINE SAFETY

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 20103

CFR Citation:  49 CFR 214

Legal Deadline: None

Abstract: FRA proposes to publish regulations governing operational and 
design safety of on-track equipment used by railroads for track 
maintenance. The regulations would cover self-propelled rail-mounted 
non-highway machines where light weight exceeds 7500 pounds. This 
rulemaking was requested by the Brotherhood of Maintenance-of-Way 
Employees (BMWE) as part of the organization's petition requesting 
revision of the track safety standards. FRA decided to respond to this 
portion of the BMWE petition in a rulemaking separate from the track 
safety standards revision. FRA is awaiting the advice and 
recommendations of RSAC before taking further regulatory action.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Additional Information: This rulemaking is an off-shoot of the 
rulemaking to revise the track safety standards.

Agency Contact: Nancy Lummen Lewis, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 400 Seventh Street 
SW., Washington, DC 20590
Phone: 202 493-6047

RIN: 2130-AB28
_______________________________________________________________________




2476.  TRACK SAFETY STANDARDS AMENDMENT TO ADDRESS GAGE 
RESTRAINT MEASUREMENT SYSTEMS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 20103

CFR Citation:  49 CFR 213

Legal Deadline: None

Abstract: A Gage Restraint Measurement System (GRMS) is a non-
destructive performance-based technology that objectively measures 
track gauge restraint capacity of crossties and rail fasteners by 
applying known lateral and vertical loads to track structure, measuring 
the gauge deflection under those loads, and then projecting what the 
gauge would become under severe track loading conditions. From this 
data, a gauge widening ratio is calculated as a measure of overall 
track strength. In the NPRM to revise the Track Safety Standards (62 FR 
36138, July 3, 1997), FRA acknowledged that the Track Working Group 
which helped draft the NPRM was unable to agree upon a proposal that 
would permit railroads to use GRMS to determine compliance with 
crosstie fastener requirements. FRA requested public comments regarding 
the use of GRMS as an alternative or additional track inspection 
method. In the final rule revising the Track Safety Standards (63 FR 
33992, June 22, 1998), FRA reported that it had received various 
comments about the use of GRMS and that an amendment to the Track 
Safety Standards addressing GRMS would be published later in a separate 
final rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses, Organizations

Government Levels Affected: None

Additional Information: This action was originally contemplated as part 
of the Track Safety Standards (RIN 2130-AA75) which were issued June 
22, 1998 (63 FR 33992).

Agency Contact: Nancy Lummen Lewis, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 400 Seventh Street 
SW., Washington, DC 20590
Phone: 202 493-6047

RIN: 2130-AB32
_______________________________________________________________________




2477.  +JOINT STATEMENT OF SAFETY POLICY FOR SHARED USE OF 
GENERAL RAILROAD SYSTEM TRACKAGE BY CONVENTIONAL RAILROAD AND RAIL 
TRANSIT TRAINS

Priority:  Other Significant

Legal Authority:  49 USC 20103

CFR Citation:  49 CFR 209

Legal Deadline: None

Abstract: The Joint Policy Statement of the Federal Railroad 
Administration (FRA) and the Federal Transit Administration (FTA) will 
explain the nature of the most important safety issues related to joint 
use of the general railroad system by conventional and light rail 
equipment. It will briefly summarize FRA's exercise of its jurisdiction 
over these operations, help transit authorities, railroads and other 
interested parties understand how the respective safety authority of 
the two agencies will be coordinated, and express both FRA's and FTA's 
commitment to work together closely to ensure the safety and viability 
of these operations. It is considered significant under DOT Order 
2100.5 because it involves multiple departmental modes.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Proposed Policy Statement       10/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: David H. Kasminoff, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 400 Seventh Street 
SW., Washington, DC 20590
Phone: 202 493-6046

RIN: 2130-AB33
_______________________________________________________________________




2478.  EVENT RECORDER CRASHWORTHINESS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 20103

CFR Citation:  49 CFR 229

Legal Deadline: None

Abstract: FRA will propose improvements in the crashworthiness of event 
recorders and will propose additional requirements for data capture and 
recording for event recorders installed in new and rebuilt locomotives. 
FRA is awaiting the advice and recommendations of RSAC before taking 
further regulatory action.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/99

Regulatory Flexibility Analysis Required: Undetermined

[[Page 21717]]

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Thomas A. Phemister, Trail Attorney, Department of 
Transportation, Federal Railroad Administration, 400 Seventh Street 
SW., Washington, DC 20590
Phone: 202 493-6050

RIN: 2130-AB34
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                     Final Rule Stage


Federal Railroad Administration (FRA)



_______________________________________________________________________




2479. LOCAL RAIL FREIGHT ASSISTANCE TO STATES

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 22101

CFR Citation:  49 CFR 266

Legal Deadline: None

Abstract: This action is to revise the procedures and requirements for 
the receipt of financial assistance contained in part 266. These 
changes are required to reflect statutory modifications resulting from 
the Local Rail Service Reauthorization Act of 1989. The Local Freight 
Assistance Program has not been reauthorized after FY 1995. However, 
final regulations are necessary because States continue to submit 
applications for new projects to be funded from loan funds repaid to 
States by previous borrowers. FRA is reconsidering the need for these 
regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/30/90                    55 FR 49648
NPRM Comment Period End         12/31/90
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Governmental Jurisdictions

Government Levels Affected: None

Additional Information: While this action was to be terminated in 
October of 1995, the agency reconsidered and has decided to move 
forward with a final rule.
ANALYSIS: Regulatory Evaluation, 11/30/90, 55 FR 49648

Agency Contact: JoAnne McGowan, Chief, Freight Programs Division, 
Department of Transportation, Federal Railroad Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 493-3290

RIN: 2130-AA60
_______________________________________________________________________




2480. +FREIGHT CAR SAFETY STANDARDS: MAINTENANCE-OF-WAY EQUIPMENT

Priority:  Other Significant

Legal Authority:  49 USC 20103

CFR Citation:  49 CFR 215

Legal Deadline: None

Abstract: This action proposes to amend the freight car safety 
standards to subject all maintenance-of-way vehicles to FRA's safety 
standards, with the exception of stenciled cars not used in revenue 
service and restricted to a speed of less than 20 miles per hour. This 
action is considered significant because of substantial public and 
industry interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/10/94                    59 FR 11238
NPRM Comment Period End         02/27/95
Final Action                    12/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: The original NPRM comment period ended on 4/11/
94 but was twice extended; first, to 11/28/94 (59 FR 49374) and then to 
02/27/95 (59 FR 67266). Due to various contentious issues raised during 
the NPRM comment period, FRA believed it might be advantageous to 
resolve differences in an open forum. Therefore, on September 30, 1997, 
FRA formally proposed this rulemaking as a new task (Task 97-8) for the 
Railroad Safety Advisory Committee (RSAC). After discussion, the RSAC 
declined to accept the task at that time. Staff turnover, combined with 
the press of other business, has slowed further action on this 
rulemaking.
ANALYSIS: Regulatory Evaluation, 03/10/94, 59 FR 11238

Agency Contact: Billie Stultz, Deputy Assistant Chief Counsel, 
Department of Transportation, Federal Railroad Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 493-6053

RIN: 2130-AA68
_______________________________________________________________________




2481. QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 20103

CFR Citation:  49 CFR 240

Legal Deadline: None

Abstract: Based on petitions to reconsider several aspects of its 
previous rules addressing locomotive engineer qualifications, the 
agency is proposing to revise certain aspects of part 240: (1) the 
application of this rule to service vehicles; and (2) the process for 
revoking the certification of locomotive engineers.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/22/98                    63 FR 50626
NPRM Comment Period End         11/23/98
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: On October 31, 1996, FRA tasked the revisions 
of these qualifications to the Railroad Safety Advisory Committee 
(RSAC), which the agency established on March 26, 1996 (61 FR 9740). 
See Notice of RSAC Meeting, 61 FR 54698, Oct. 21, 1996. On May 14, 
1998, FRA received the advice and recommendations of the RSAC, which 
submitted consensus recommendations for issuance of an NPRM.
ANALYSIS: Regulatory Evaluation, 04/09/93, 58 FR 18982

Agency Contact: Alan Nagler, Trial Attorney, Department of

[[Page 21718]]

Transportation, Federal Railroad Administration, 400 Seventh Street 
SW., Washington, DC 20590
Phone: 202 493-6049

RIN: 2130-AA74
_______________________________________________________________________




2482. +PASSENGER EQUIPMENT SAFETY STANDARDS

Priority:  Other Significant

Legal Authority:  49 USC 20103; 49 USC 20133; 49 USC 20111 to 20113; 49 
USC 20301 to 21311; PL 103-440, sec 215

CFR Citation:  49 CFR 238

Legal Deadline:
Final, Statutory, November 2, 1997.
Final, Statutory, November 2, 1999.

Abstract: This action will establish comprehensive Federal safety 
standards for railroad passenger equipment in a two-phased rulemaking 
effort, pursuant to the Federal Railroad Safety Authorization Act of 
1994. This action will address inspection, testing, and maintenance of 
passenger equipment; equipment design and performance criteria related 
to passenger and crew survivability in the event of a train accident; 
and the safe operation of passenger train service, supplementing 
existing railroad safety standards. This is considered significant due 
to public interest. A final rule in the first phase of the rulemaking 
is expected to be published by mid-1999. FRA will then convene a 
working group to help develop a second Notice of Proposed Rulemaking. 
The second phase of the rulemaking will draw on the results of ongoing 
research and industry-led passenger safety efforts.

Statement of Need: Effective Federal safety standards for freight 
equipment have long been in place, but equivalent Federal standards for 
key aspects of railroad passenger equipment do not exist. Further, the 
rail passenger environment is changing. Operating speeds are 
increasing.and new rail passenger operations have been proposed in the 
United States. A clear set of Federal safety standards for passenger 
equipment is needed to provide for the safety of the nation's rail 
passenger service.

Summary of the Legal Basis: This rulemaking is required by section 215 
of the Federal Railroad Safety Authorization Act of 1994, PL 103-440.

Alternatives: There was no alternative to initiating this rulemaking, 
as it is required by Federal statute. Nevertheless, FRA considers what 
specific safety standards to prescribe in the context of the rail 
passenger industry's own safety efforts. In particular, FRA expects 
that its consideration of what safety standards to prescribe in the 
second phase of the rulemaking will be significantly influenced by the 
American Public Transit Association's own safety standards for rail 
passenger equipment, currently under development.

Anticipated Costs and Benefits: The first phase of the rulemaking is 
not expected to have any significant net economic impact on the rail 
passenger industry. FRA expects that costs will be offset by economic 
savings resulting in part from reducing current regulatory burdens 
involving the inspection, testing and maintenance of power brakes for 
passenger trains, while still ensuring safety. Further, safety benefits 
will accrue as rail accidents are prevented or their effects are 
mitigated due to the rule's requirements, including restrictions on 
operating passenger equipment not having necessary structural or 
emergency features for the safety of passengers and crewmembers.

Risks: In the past years there have been several passenger train 
accidents which resulted in more than one train occupant fatality. 
Notably, on February 16, 1996, a Maryland Rail Commuter Service (MARC) 
train collided with an Amtrak train near Silver Spring, Maryland, 
resulting in the deaths of three crewmembers and eight passengers on 
board the MARC train. Further, passenger trains are exposed to risks 
from operating commingled with very heavy and long freight trains, as 
well as from operating over track with frequent grade crossings used by 
heavy highway equipment. However, comprehensive Federal safety 
standards governing the design, maintenance, and safety planning of 
rail passenger equipment do not currently exist.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           06/17/96                    61 FR 30672
NPRM                            09/23/97                    62 FR 49728
Notice of Public Hearing        10/23/97                    62 FR 55204
NPRM Comment Period End         11/24/97
Final Action (First Phase)      05/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: A public hearing on this rulemaking was held on 
November 21, 1997.

Agency Contact: Daniel Alpert, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 400 Seventh Street 
SW., Washington, DC 20590
Phone: 202 493-6026

RIN: 2130-AA95
_______________________________________________________________________




2483. MAINTENANCE, INSPECTION, AND TESTING OF GRADE-CROSSING SIGNAL 
SYSTEMS

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 20103

CFR Citation:  49 CFR 234

Legal Deadline:
Final, Statutory, June 22, 1989.

Abstract: FRA is making technical changes and minor amendments to final 
regulations which were published on September 30, 1994. These 
regulations require that railroads take specific and timely actions to 
protect the travelling public and railroad employees from the hazards 
posed by malfunctioning highway-rail grade crossing warning systems, 
and that railroads follow specific standards for maintenance, 
inspection, and testing of those systems. The amendments clarify issues 
arising from implementation of this new regulatory program. No new 
costs are expected.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              06/20/96                    61 FR 31802
Comment Period End              07/22/96
Interim Final Rule Effective    08/19/96
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: State, Local

[[Page 21719]]

Additional Information: The final rule, RIN 2130-AA70, was published 9/
30/94 (59 FR 50086), and was effective 1/1/95. In response to a 
petition for reconsideration, FRA conducted a review, together with 
rail labor and rail management, to address various implementation 
issues that had surfaced since the rule was enacted. After meeting with 
these parties in March 1995, FRA issued an Implementation Manual on 
April 14, 1995. An interim final rule intended to clarify 
implementation issues by making minor technical amendments was 
published on June 20, 1996, effective August 19, 1996. Response to the 
comments on that interim rule may result in further amendment of the 
rule.

Agency Contact: Mark H. Tessler, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 400 Seventh Street 
SW., Washington, DC 20590
Phone: 202 493-6061

RIN: 2130-AA97
_______________________________________________________________________




2484. STATEMENT OF POLICY REGARDING SAFETY OF RAILROAD BRIDGES

Priority:  Info./Admin./Other

Legal Authority:  49 USC 20103

CFR Citation:  49 CFR 213

Legal Deadline: None

Abstract: FRA proposes to publish a policy statement containing 
maintenance guidelines based on certain common, basic principles that 
characterize effective bridge management practices. The guidelines are 
meant to be advisory in nature. They will not have the force of 
regulations under which FRA ordinarily issues violations and assesses 
civil penalties.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Statement of Interim Policy     04/27/95                    60 FR 20654
Comment Period End              06/26/95
Final Policy Statement          04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Nancy Lummen Lewis, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 400 Seventh Street 
SW., Washington, DC 20590
Phone: 202 493-6047

RIN: 2130-AA99
_______________________________________________________________________




2485. REINVENTION OF REGULATIONS ADDRESSING DISCONTINUANCE OR 
MODIFICATION OF SIGNAL SYSTEMS

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 20501 to 20505

CFR Citation:  49 CFR 235

Legal Deadline: None

Abstract: Pursuant to the President's Regulatory Reform Initiative, FRA 
intends to revise part 235 by reducing the list of circumstances for 
which signal system discontinuance approval is required. The amendments 
clarify issues arising from implementation of this new regulatory 
program. No new costs are expected.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              07/01/96                    61 FR 33871
Comment Period End              07/31/96
Interim Final Rule Effective    08/30/96
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Mark Tessler, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 400 Seventh Street 
SW., Washington, DC 20590
Phone: 202 493-6061

RIN: 2130-AB05
_______________________________________________________________________




2486. REINVENTION OF SIGNAL SYSTEM REPORTING REQUIREMENTS

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 20501 to 20505

CFR Citation:  49 CFR 233

Legal Deadline: None

Abstract: Pursuant to the President's Regulatory Reform Initiative, FRA 
is amending its signal system reporting requirements (part 233) to 
reduce signal system reporting burdens on the rail industry. The 
amendments clarify issues arising from implementation of this new 
regulatory program. No new costs are expected.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              07/01/96                    61 FR 33871
Comment Period End              07/31/96
Interim Final Rule Effective    08/30/96
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Mark Tessler, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 400 Seventh Street 
SW., Washington, DC 20590
Phone: 202 493-6061

RIN: 2130-AB06
_______________________________________________________________________




2487. REINVENTION OF STEAM LOCOMOTIVE INSPECTION REGULATIONS

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 20701

CFR Citation:  49 CFR 230

Legal Deadline: None

Abstract: Pursuant to the President's Regulatory Reform Initiative, and 
at the initiative of several industry members, FRA has undertaken to 
modernize part 230 to reflect current operating realities and, perhaps, 
to allow greater flexibility in the steam locomotive inspection waiver 
process. On July 24-25, 1996, the agency tasked the revision of these 
standards to the Railroad Safety Advisory Committee (RSAC), established 
by FRA on March 26, 1996

[[Page 21720]]

(61 FR 9740). (See Notice of RSAC Meeting, July 10, 1996, 61 FR 36415.) 
On February 17, 1998, the RSAC submitted to FRA consensus 
recommendations for issuance of an NPRM.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/25/98                    63 FR 51404
NPRM Comment Period End         11/24/98
Final Action                    06/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: A public hearing was held on February 4, 1999.

Agency Contact: Paul F. Byrnes, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 400 Seventh Street 
SW., Washington, DC 20590
Phone: 202 493-6032

RIN: 2130-AB07
_______________________________________________________________________




2488. FLORIDA OVERLAND EXPRESS HIGH SPEED RAIL RULE OF PARTICULAR 
APPLICABILITY

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 20103

CFR Citation:  49 CFR 243

Legal Deadline: None

Abstract: FRA published a proposed rule of particular applicability for 
a high speed rail project in Florida. As proposed, the system would 
operate from Miami to Tampa via Orlando, and would be modeled on the 
French TGV. A consortium of engineering and design firms, and the state 
of Florida entered into an agreement to develop the project, which they 
anticipated would commence operations in 2004. However, FRA has been 
informed that the State has withdrawn support and funding for the 
project. Therefore, FRA has suspended work on final standards.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/12/97                    62 FR 65478
NPRM Comment Period End         02/10/98
Final Action                    06/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: Undetermined

Additional Information: A Public Regulatory Conference was held on 
November 23, 1998.

Agency Contact: Christine Beyer, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 400 Seventh Street 
SW., Washington, DC 20593
Phone: 202 493-6027

RIN: 2130-AB14
_______________________________________________________________________




2489. SMALL RAILROADS; POLICY STATEMENT ON ENFORCEMENT PROGRAM

Priority:  Substantive, Nonsignificant

Legal Authority:  5 USC 601 et seq; PL 104-121; 49 USC 20101 et seq

CFR Citation:  49 CFR 209

Legal Deadline:
Other, Statutory, March 29, 1997, Policy on Small Entities Subject to 
Railroad Safety Laws.

Abstract: The Small Business Regulatory Enforcement Act (SBREFA) of 
1996 requires, among other things, that Federal agencies establish 
communication and enforcement programs to address the unique concerns 
and operations of small entities.
Pursuant to SBREFA, FRA published communication and enforcement 
policies with respect to small entities in a Statement of Agency Policy 
and undertook an interim definition of ``small entity'' in this 
process. Also, FRA invited comment from the public for the purpose of 
adopting a new definition of ``small entity'' in the future.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Policy Statement: 
Effective 10/10/97              08/11/97                    62 FR 43024
Comment Period End              11/30/97
Final Policy Statement          10/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: Local

Agency Contact: Christine Beyer, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 400 Seventh Street 
SW., Washington, DC 20593
Phone: 202 493-6027

RIN: 2130-AB15
_______________________________________________________________________




2490. +POWER BRAKE REGULATIONS: FREIGHT POWER BRAKE REVISIONS

Priority:  Other Significant. Major status under 5 USC 801 is 
undetermined.

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 20103

CFR Citation:  49 CFR 232; 49 CFR 231; 49 CFR 229

Legal Deadline:
Final, Statutory, December 31, 1993.

Abstract: Pursuant to the Federal Railroad Safety Enforcement and 
Review Act of 1992, FRA is revising the power brake rules. After 
separating proposed revisions regarding freight power brakes from 
passenger power brakes, FRA tasked the revision of freight power brake 
standards on April 1-2, 1996 to the Railroad Safety Advisory Committee 
(RSAC), established by FRA on March 26, 1996 (61 FR 9740). On June 24, 
1997, this task was withdrawn from RSAC and FRA is proceeding on its 
own initiative. This rulemaking is considered significant because of 
its potential economic impact and congressional and public interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/09/98                    63 FR 48294
Notice of Public Hearing        10/08/98                    63 FR 54104
Extension of Comment Period     01/21/99                     64 FR 3273
NPRM Comment Period End         03/01/99
Final Action                    12/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: A portion of the task to revise the power brake 
rules has been completed. FRA revised the existing power brake 
regulations to mandate the use of two-way end-of-train telemetry 
devices, RIN 2130-AA73, in a final rule published on January 2, 1997 
(62 FR 278).

[[Page 21721]]

Furthermore, proposed rules regarding the inspection and testing of 
passenger equipment and brake systems were developed with the 
assistance of a passenger equipment standards working group, and were 
issued September 23 1997 (62 FR 49278). FRA is in the process of 
completing the final rule in this matter (see RIN-No. 2130-AA95).

Agency Contact: Thomas Herrmann, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 400 Seventh Street 
SW., Washington, DC 20590
Phone: 202 493-6036

RIN: 2130-AB16
_______________________________________________________________________




2491. USE OF REMOTELY CONTROLLED LOCOMOTIVES IN RAIL OPERATIONS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 20103

CFR Citation:  49 CFR 229.7

Legal Deadline: None

Abstract: Concerned with the complex and immediate safety issues posed 
by rail operations involving the use of remotely controlled 
locomotives, FRA proposes to promulgate an interim final rule to 
conduct a nationwide pilot program on remote control operations. FRA 
will require all railroads which propose to use remote control 
locomotives to enroll in a pilot program and agree to conform to the 
safety conditions set forth by FRA. The purpose of the pilot program is 
to determine under what conditions, if any, remote control operations 
can be operated safely.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              06/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: An Informal Safety Inquiry concerning a 
proposal by Wisconsin Central Ltd. to expand its use of remote control 
operations and one-person crews was held by FRA on December 4 and 5, 
1997 (61 FR 58736, November 18, 1996).

Agency Contact: Mark Tessler, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 400 Seventh Street 
SW., Washington, DC 20590
Phone: 202 493-6061

RIN: 2130-AB17
_______________________________________________________________________




2492. USE OF ONE-PERSON CREWS IN RAIL OPERATIONS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 20103

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: Concerned with the complex and immediate safety issues posed 
by rail operations involving the use of one-person crews, FRA proposes 
to promulgate an interim final rule to prohibit, except in carefully 
controlled instances, the use of one-person operations. FRA will 
require all railroads which propose to use one-person crew operations 
to enroll in a pilot program and agree to conform to the safety 
conditions set forth by FRA. The purpose of the pilot program is to 
determine under what conditions, if any, one-person crew operations can 
be safely operated.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              06/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: An Informal Safety Inquiry concerning a 
proposal by Wisconsin Central Ltd. to expand its use of one-person crew 
and remote control operations was held by FRA on December 4 and 5, 1996 
(61 FR 58736, November 18, 1996).

Agency Contact: Lawrence Wagner, Deputy Assistant Chief Counsel, 
Department of Transportation, Federal Railroad Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 493-6052

RIN: 2130-AB18
_______________________________________________________________________




2493. +REGULATIONS ON SAFETY INTEGRATION PLANS GOVERNING RAILROAD 
CONSOLIDATIONS, MERGERS, ACQUISITIONS OF CONTROL AND START-UP OPERATIONS

Priority:  Other Significant

Legal Authority:  49 USC 20103; 49 USC 20107; 49 USC 21301; 28 USC 2461

CFR Citation:  49 CFR 244; 49 CFR 1.49

Legal Deadline: None

Abstract: This proposed rule would require a railroad to file a Safety 
Integration Plan with the Federal Railroad Administration (1) whenever 
a Class I railroad, the National Railroad Passenger Corporation, or a 
railroad providing commuter service proposes to merge, consolidate or 
acquire control of one another; (2) whenever an entity proposes to 
start operations as a railroad; (3) whenever a Class II railroad 
proposes to consolidate, merge, or acquire control of another Class II 
railroad with which it would directly interchange freight, or (4) 
whenever a railroad merger, consolidation or acquisition of control 
would result in operations that generate revenue in excess of the Class 
I threshold. The proposed rule would prescribe content and subject 
matter areas that must be addressed in each plan before FRA may approve 
of such plan. FRA is working with the Surface Transportation Board to 
conduct coordinated rulemaking actions covering these transactions 
within the framework of each agency's jurisdiction.

Statement of Need: This rule is necessary to ensure advance planning of 
operations to promote rail safety. Given the safety problems 
encountered in previous transactions and the need for the merging or 
acquiring railroad to integrate and harmonize information systems, 
training, operational practices and safety procedures on a massive 
scale, the need to require detailed plans setting forth the manner in 
which the parties intend to safely implement integration plans became 
apparent to FRA.

Summary of the Legal Basis: Because this rule concerns rail safety, FRA 
is vested with statutory authority to issue regulations governing these 
regulated transactions. See 49 USC 20101 et seq.

Alternatives: The proposed rule would authorize a railroad carrying out 
a regulated transaction to petition for a waiver of compliance. The 
railroad would have to follow the procedures prescribed in 49 CFR 211 
in filing such a petition. FRA may grant the petition if waiver of 
compliance is consistent with the public interest and railroad safety.

Anticipated Costs and Benefits: FRA has not yet determined the 
anticipated costs and benefits of this action.

[[Page 21722]]

Risks: The problems that surfaced after the merger of the Union Pacific 
and the Southern Pacific indicated that safety could be significantly 
compromised in implementing a consolidation unless the parties 
addressed the safety issues specifically, formally and systematically, 
particularly if the merger was large and complex. To address safety-
related problems stemming from a merger, FRA needed a projection into 
the future of the safety consequences of consolidating the systems. To 
accomplish this, in response to the proposed acquisition of Conrail by 
Norfolk Southern and CSX Transportation, FRA suggested, and the STB 
required, that the merger applicants develop and submit well-defined 
Safety Integration Plans (SIPs) as part of the merger application 
process. The proposed rule would require, as a matter of FRA 
regulations, that such Plans be filed by certain railroads in the 
context of proposed mergers and acquisitions and similar circumstances.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/31/98                    63 FR 72225
NPRM Comment Period End         03/01/99
Final Action                    12/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Jon Kaplan, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 400 Seventh Street 
SW., Washington, DC 20590
Phone: 202 493-6042

RIN: 2130-AB24
_______________________________________________________________________




2494. BRIDGE WORKER SAFETY STANDARDS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 20103

CFR Citation:  49 CFR 214

Legal Deadline: None

Abstract: In response to a petition for rulemaking, FRA will amend the 
Bridge Worker Safety Rules through promulgation of an interim final 
rule. The interim final rule will likely prohibit the use of safety 
belts as fall protection, but would continue to require the use of 
harnesses, which are more commonly used in present industry practice. 
The interim final rule would also make technical clarifications to the 
existing standards. This action is supported by the industry and is 
consistent with new policies of the Occupational Safety and Health 
Administration. The need for prompt action is based on data showing an 
immediate safety concern.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              10/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Gordon Davids, Bridge Engineer, Office of Safety, 
Department of Transportation, Federal Railroad Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 493-6320

RIN: 2130-AB25
_______________________________________________________________________




2495. PLANNING ACTIVITIES UNDER THE MAGNETIC LEVITATION TRANSPORTATION 
TECHNOLOGY DEPLOYMENT PROGRAM

Priority:  Substantive, Nonsignificant

Legal Authority:  23 USC 322

CFR Citation:  49 CFR 268

Legal Deadline:
Other, Statutory, December 9, 1998, See Additional Information.

Abstract: This action is required by section 1218(a) of the 
Transportation Equity Act for the 21st Century (``TEA 21''). This 
section, codified at 23 USC 322, provides a total of $55 million for 
Fiscal Years 1999 through 2001 for preconstruction planning activities, 
final design, engineering, and construction activities for the 
deployment of Magnetic Levitation technology (``Maglev Deployment 
Program''). Section 322 requires FRA to establish Project selection 
criteria, to solicit applications for funding, to select one or more 
Projects to receive financial assistance for preconstruction planning 
activities, and after completion of such activities, to select one of 
the Projects to receive financial assistance for final design, 
engineering, and construction activities. This Interim Final Rule, as 
amended, solicits applications for the initial planning funds under the 
Maglev Deployment Program, with a deadline of February 15, 1999 for 
receipt of applications for preconstruction planning grants.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              10/13/98                    63 FR 54600
Interim Final Rule Effective    11/16/98
Interim Final Rule Amendment    02/12/99                     64 FR 7133
Final Action                    06/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: State

Additional Information: 180 days after enactment of section 322 (12/09/
98) the Secretary is to solicit applications from states. 90 days after 
the deadline for receipt of applications, (05/15/99) the Secretary is 
to evaluate applications and select one or more eligible projects to 
receive financial assistance for preconstruction planning activities. 
Potential grantees must know what is expected of them to start the 
process and for the Secretary to meet these deadlines.

Agency Contact: Neil E. Moyer, Chief, Program Development Division, 
Department of Transportation, Federal Railroad Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 493-6365

RIN: 2130-AB29
_______________________________________________________________________




2496.  ANNUAL ADJUSTMENT OF MONETARY THRESHOLD FOR REPORTING 
RAIL EQUIPMENT ACCIDENTS/INCIDENTS

Priority:  Info./Admin./Other

Legal Authority:  49 USC 20103

CFR Citation:  49 CFR 225

Legal Deadline: None

Abstract: This annual determination establishes the monetary threshold 
for reporting rail equipment accidents/incidents involving railroad 
property damage. This action ensures and maintains comparability 
between different years of data by having the threshold keep pace with 
fluctuations in equipment and labor costs. It is required by statute. 
The reporting threshold is based on the formula adopted in a final rule 
5/18/96, 61 FR 60632. This agenda entry will be updated each year to 
show the latest annual determination. Cites for

[[Page 21723]]

determinations already issued are provided below.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Annual Determination            12/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: The 1998 final rule of 12/30/98, 63 FR 71790 
established at $6,600 the monetary threshold for accidents/incidents 
that occur during calendar year 1999. There is no change from calendar 
year 1998. The 1997 final rule of 2/2/97, 62 FR 63675 increased the 
monetary threshold from $6,500 to $6,600. The 1996 final rule of 11/29/
96, 61 FR 60632 increased the monetary threshold from $6,300 to $6,500.

Agency Contact: Nancy Friedman, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 400 Seventh Street 
SW., Washington, DC 20590
Phone: 202 493-6034

RIN: 2130-AB30
_______________________________________________________________________




2497.  DETERMINATION OF MINIMUM TESTING RATE FOR RANDOM DRUG AND 
ALCOHOL TESTING

Priority:  Info./Admin./Other

Legal Authority:  49 USC 20103

CFR Citation:  49 CFR 219

Legal Deadline: None

Abstract: Each year FRA announces the minimum random drug and alcohol 
testing rates for the following year for the railroad industry. This 
determination is based on a review of rail industry drug and alcohol 
management information system data, as well as data from compliance 
reviews of rail industry drug and alcohol testing programs. Procedures 
were established in a final rule 12/2/94, 59 FR 62218. The minimum 
random drug testing rate continues to be 25 percent of covered railroad 
employees for 1999. This agenda entry will be updated each year to show 
the latest annual determination. Cites for determinations already 
issued are provided below.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Annual Determination            12/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: In the notice of determination of 12/30/98, 63 
FR 71789 the minimum random drug and alcohol testing rate for calendar 
year 1999 remained at 25 percent of covered railroad employees. In the 
notice of determination of 2/18/98, 63 FR 8143 the minimum rate 
remained at 25 percent for calendar year 1998.

Agency Contact: David H. Kasminoff, Trial Attorney, Department of 
Transportation, Federal Railroad Administration, 400 Seventh Street 
SW., Washington, DC 20590
Phone: 202 493-6043

RIN: 2130-AB31
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                    Long-Term Actions


Federal Railroad Administration (FRA)



_______________________________________________________________________




2498. AMTRAK WASTE DISPOSAL

Priority:  Substantive, Nonsignificant

Legal Authority:  PL 101-610

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: The National and Community Service Act requires the Secretary 
of Transportation to promulgate such regulations as may be necessary to 
mitigate the impact of discharge of human waste from railroad passenger 
cars on areas that may be considered environmentally sensitive.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: 
ANALYSIS: Regulatory Evaluation

Agency Contact: Mark Yachmetz, Department of Transportation, Federal 
Railroad Administration, Office of Safety, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 493-6289

RIN: 2130-AA84
_______________________________________________________________________




2499. PROTECTION OF UTILITY EMPLOYEES

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 20103

CFR Citation:  49 CFR 218

Legal Deadline: None

Abstract: FRA is in the process of reconsidering amendments to its 
``Blue Signal'' regulations, which prescribe minimum requirements for 
the protection of railroad employees engaged in the inspection, 
testing, repair, and servicing of rolling equipment. The original 
``blue signal'' rule did not include train and yard crews in this 
protection, with limited exceptions. The final rule, intended to 
redress this problem, allowed augmentation of a crew by using a 
``utility'' employee, which would increase a railroad's efficient use 
of its employees. Based on petitions to reconsider several aspects of 
its final rule treating this subject, FRA issued amendments to this 
rule. Based on comments received, the agency suspended those amendments 
and reopened the comment period to further develop this proposal.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule Amendments: Comment 
Period End 5/1/95               03/01/95                    60 FR 11047
Final Rule Suspended: Comment 
Period Reopened                 06/09/95                    60 FR 30469


Next Action Undetermined

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: The final rule on utility employees was 
published August 16, 1993 (58 FR 43287), RIN 2130-AA77.

Agency Contact: Daniel Alpert, Trial Attorney, Department of 
Transportation, Federal Railroad

[[Page 21724]]

Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 493-6026

RIN: 2130-AA90
_______________________________________________________________________




2500. CRANE SAFETY STANDARDS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 20103

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: In response to a petition for rulemaking, FRA will consider 
whether to adopt regulations governing functional and design safety of 
on-track railroad cranes used for track maintenance. Railroad crane 
safety is currently regulated by the Department of Labor. FRA is 
awaiting the advice and recommendations of RSAC before taking further 
regulatory action.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Edward R. English, Director, Office of Safety Assurance 
and Compliance, Department of Transportation, Federal Railroad 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 493-6321

RIN: 2130-AB27
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                        Prerule Stage


Federal Transit Administration (FTA)



_______________________________________________________________________




2501. PROPOSED EXPANDED REPORTING OF SAFETY AND SECURITY PORTION OF THE 
NATIONAL TRANSIT DATABASE

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 5335

CFR Citation:  49 CFR 630

Legal Deadline: None

Abstract: The FTA is evaluating Form 405, Transit Safety and Security, 
of the National Transit Database to determine its future direction. In 
this evaluation, FTA will consider the objectives of the form, the 
current potential usefulness of the data, and the overall strengths and 
weaknesses of it. Based on the evaluation, FTA will identify and 
implement improvements to the collection of Transit Safety and Security 
data.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: State, Local

Agency Contact: Judy Meade, Director, Office of Safety and Security, 
Department of Transportation, Federal Transit Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-2896

RIN: 2132-AA60
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                  Proposed Rule Stage


Federal Transit Administration (FTA)



_______________________________________________________________________




2502. +DEPARTMENT OF TRANSPORTATION (FTA, FHWA) AND RELATED PROCEDURES 
FOR TRANSPORTATION DECISIONMAKING

Priority:  Other Significant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 5304(e); 42 USC 4321; 23 USC 109; 23 USC 128; 
23 USC 138; 23 USC 315; 49 USC 303(c); 33 USC 401; 33 USC 491 et seq; 
33 USC 511 et seq; 33 USC 525 et seq; 33 USC 535

CFR Citation:  49 CFR 622; 23 CFR 771; 40 CFR 1500 to 1508; 49 CFR 
1.48(b); 49 CFR 1.51; 33 CFR 114.05

Legal Deadline:
Final, Statutory, May 18, 1992.

Abstract: The Federal Transit Administration and the Federal Highway 
Administration currently have a joint environmental regulation at 23 
CFR 771, ``Environmental Impact and Related Procedures.'' The agencies 
first issued an environmental regulation together in 1980. The joint 
regulation was amended in 1987 and again in 1991. Even though FTA and 
FHWA have joint regulations, each agency's guidance for implementing 
those regulations is procedurally different. This causes difficulties 
and inconsistencies for sponsors of transportation projects, 
particularly where joint FTA and FHWA funds are involved. In the ISTEA, 
the Congress recognized the importance of providing uniformity and 
consistency between FTA and FHWA environmental procedures. This is 
needed to accommodate the increased funding flexibility for surface 
transportation provided by ISTEA. Because of an increased emphasis on 
intermodal planning and proposals to advance a high-speed rail program, 
the proposed, new joint regulations will include the Federal Railroad 
Administration (FRA) and the United States Coast Guard (USCG) bridge 
permit program. Further, FTA and FHWA agencies will propose to make 
changes to conform this rule to the requirements of the Transportation 
Equity Act for the 21st Century (P.L. 105-178). Most notably, FTA and 
FHWA will propose to integrate the major investment study of the 
metropolitan and statewide planning rules with this rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Governmental Jurisdictions

[[Page 21725]]

Government Levels Affected: State, Local

Additional Information: Section 134(h)(4) of title 23, United States 
Code, and section 8(h)(4) of the Federal Transit Act, as amended (now 
49 USC 5304(e)), direct the Secretary of Transportation to initiate a 
rulemaking proceeding to conform review requirements for transit 
projects under the National Environmental Policy Act of 1969 to 
comparable requirements for highway projects. This action is considered 
significant because of potential public, congressional, and 
environmental concerns, and because it involves several interested 
departmental modes.
ANALYSIS: Regulatory Evaluation

Agency Contact: Scott Biehl, Assistant Chief Counsel, Department of 
Transportation, Federal Transit Administration, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-0952

RIN: 2132-AA43
_______________________________________________________________________




2503. BUY AMERICA REQUIREMENTS; AMENDMENT TO CERTIFICATION PROCEDURES

Priority:  Substantive, Nonsignificant

Unfunded Mandates: Undetermined

Legal Authority:  PL 105-178, sec 3020(b)

CFR Citation:  49 CFR 661.11; 49 CFR 661.13

Legal Deadline: None

Abstract: This action would amend FTA's Buy America regulation, 49 CFR 
661 in accordance with section 3020(b) of the Transportation Equity Act 
for the 21st Century. Section 3020(b) allows a bidder on an FTA-funded 
contract to correct an incomplete certification or a certification of 
noncompliance with Buy America resulting from an inadvertent or 
clerical error.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/18/99                     64 FR 8051
NPRM Comment Period End         04/19/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: State, Local

Agency Contact: Rita Daguillard, Acting Assistant Chief Counsel, 
Department of Transportation, Federal Transit Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-1936
Fax: 202 366-3809

RIN: 2132-AA62
_______________________________________________________________________




2504. +MAJOR CAPITAL INVESTMENT PROJECTS

Priority:  Other Significant

Legal Authority:  49 USC 5309; PL 105-178, Sec 3009(e)

CFR Citation:  49 CFR 611

Legal Deadline:
NPRM, Statutory, October 7, 1998.
Final, Statutory, December 7, 1998.

Abstract: This rulemaking will establish the criteria by which FTA will 
evaluate major capital investment mass transportation projects and rate 
those projects in comparison with one another, based on an analyses of 
alternatives, justifications for projects, and degrees of local 
financial commitment. This rulemaking will also codify the procedures 
applicants for Federal transit capital funding must follow in 
developing fixed guideway (``New Starts'') projects. This action is 
considered significant because of potential public, congressional, and 
environmental concerns.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Richard P. Steinmann, Director, Office of Policy 
Development, Department of Transportation, Federal Transit 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-1739
Fax: 202 366-7116

RIN: 2132-AA63
_______________________________________________________________________




2505. CLEAN FUELS FORMULA GRANT PROGRAM

Priority:  Substantive, Nonsignificant

Legal Authority:  PL 105-178, sec 3008; 49 USC 5308

CFR Citation:  49 CFR 624

Legal Deadline: None

Abstract: Section 3008 of the Transportation Equity Act for the 21st 
Century establishes the Clean Fuels Formula Grant Program. This grant 
program will assist transit systems in purchasing or leasing clean fuel 
programs; constructing clean fuel or electrical re-charging facilities; 
modifying existing garage facilities to accommodate clean fuel 
vehicles; repowering pre-1993 engines with clean fuel technology which 
meets the current bus emission standards; and retrofitting or 
rebuilding pre-1993 engines before their half-life for rebuilding. This 
provision requires the Secretary to issue an implementing regulation 
that sets forth eligibility requirements and an apportionment formula 
for eligible projects. In FY 1999, all funds were apportioned to 
earmarked projects.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: Local

Agency Contact: Scheryl Portee, Attorney Advisor, Department of 
Transportation, Federal Transit Administration, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-1936
Fax: 202 366-3809
Email: [email protected]

RIN: 2132-AA64
_______________________________________________________________________




2506. PLANNING

Priority:  Substantive, Nonsignificant

Legal Authority:  PL 105-178, sec 1309

CFR Citation:  49 CFR 613; 23 CFR 450

Legal Deadline: None

Abstract: FTA and FHWA will be issuing a joint rule implementing the 
planning requirements of the Transportation Equity Act for the 21st 
Century (P.L. 105-178). Changing the planning factors, adding 
illustrative project provisions, addressing consultation requirements 
with local officials, and integrating the major investment study into 
the Environmental Impact and Related Procedures rule are among the 
changes FTA may propose to make. FTA and

[[Page 21726]]

FHWA will undertake this rule in conjunction with amending the 
Environmental Impact and Related Procedures rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: State, Local

Agency Contact: Scott Biehl, Assistant Chief Counsel, Department of 
Transportation, Federal Transit Administration, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-0952

RIN: 2132-AA66
_______________________________________________________________________




2507. SCHOOL BUS OPERATIONS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 5323(f)

CFR Citation:  49 CFR 605

Legal Deadline: None

Abstract: This rulemaking proposes to amend the definition of 
``tripper'' service, which is mass transit service modified to meet the 
needs of school students and personnel. The amended definition would 
prohibit the use of certain signage without the express written 
permission of the FTA Administrator, and provides that tripper buses 
must stop only at stops that are marked as available to the public.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Governmental Jurisdictions

Government Levels Affected: State, Local

Agency Contact: Rita Daguillard, Acting Assistant Chief Counsel, 
Department of Transportation, Federal Transit Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-1936
Fax: 202 366-3809

RIN: 2132-AA67
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                     Final Rule Stage


Federal Transit Administration (FTA)



_______________________________________________________________________




2508. +BUS TESTING

Priority:  Other Significant

Legal Authority:  49 USC 5323(c)

CFR Citation:  49 CFR 665

Legal Deadline: None

Abstract: This regulation implements a statutory provision that 
requires any new bus model purchased after September 30, 1989, to be 
tested at a facility established by the Secretary in Altoona, PA. This 
regulation is significant because of the large amount of public 
interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/25/89                    54 FR 22716
NPRM Comment Period End         07/24/89
Interim Final Rule              08/23/89                    54 FR 35158
Interim Final Rule: Comment 
Period Reopened                 11/30/89                    54 FR 49297
Interim Final Rule: Second      10/09/90                    55 FR 41174
Interim Final Rule Extending 
Interim Procedures              09/13/91                    56 FR 46572
Interim Final Rule New Vehicle 
Types                           07/28/92                    57 FR 33394
Interim Final Rule Partial 
Effectiveness Postponed         10/13/92                    57 FR 46814
Interim Final Rule Comment 
Period Reopened to 01/29/93     01/07/93                     58 FR 2989
Interim Final Rule Partial 
Effectiveness Postponed         02/23/93                    58 FR 10989
Notice of Meeting               02/26/93                    58 FR 11549
Interim Final Rule Small Vehicle 
Testing, Phase-in of Effective 
Date                            11/03/93                    58 FR 58732
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: None

Additional Information: Former section 12(h) of the FT Act, as amended 
(now 49 USC 5302(a)(9)), defines a ``new bus model'' as a bus model 
which has not been used in mass transportation service in the United 
States before the date of production of such model, or a bus model 
which has been used in such service, but which is being produced with a 
major change in configuration or components. A third interim final 
rule, published on 07/28/92, added two new categories of buses required 
to be tested. On 10/13/92 FTA published a notice postponing the 
application of the interim final rule for these vehicle types until 02/
10/93. The FTA's fourth interim final rule, issued on 11/3/93, 
established four subcategories of small vehicles to facilitate the 
phase-in of testing. The final rule will add the two tests mandated by 
ISTEA, brake performance and emissions, to the seven tests currently 
performed at the bus testing facility. In addition, the final rule will 
clarify the partial testing with regard to what constitutes a ``major 
change'' on a bus that has been fully tested, but is later produced 
with a change in configuration or component.
ANALYSIS: Regulatory Evaluation, 07/28/92, 57 FR 33394

Agency Contact: Richard Wong, Attorney-Advisor, Department of 
Transportation, Federal Transit Administration, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-1936

RIN: 2132-AA30
_______________________________________________________________________




2509. CHARTER SERVICES DEMONSTRATION PROGRAM

Priority:  Substantive, Nonsignificant

Legal Authority:  PL 102-240, sec 3040

CFR Citation:  49 CFR 604

Legal Deadline:
Final, Statutory, September 18, 1992.

[[Page 21727]]

Abstract: This rulemaking presents the results and conclusions drawn 
from the charter services demonstration program, previously reported 
under RIN 2132-AA40, which was mandated by section 3040 of the 
Intermodal Surface Transportation Efficiency Act. That provision 
directed FTA to conduct a demonstration program in four states to 
permit public operators to provide needed charter services to certain 
civic and community groups. In addition to setting forth program 
results, this rulemaking seeks recommendations regarding improvements 
to the charter service regulation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/23/97                    62 FR 33793
NPRM Comment Period End         08/22/97
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: None

Agency Contact: Rita Daguillard, Attorney Advisor, Department of 
Transportation, Federal Transit Administration, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-1936

RIN: 2132-AA58
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                    Completed Actions


Federal Transit Administration (FTA)



_______________________________________________________________________




2510. PREVENTION OF ALCOHOL MISUSE IN TRANSIT OPERATIONS; PREVENTION OF 
PROHIBITED DRUG USE IN TRANSIT OPERATIONS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 5331

CFR Citation:  49 CFR 653; 49 CFR 654

Legal Deadline: None

Abstract: FTA is amending its drug and alcohol rules to allow employers 
to use the results of a drug or alcohol test administered by State and 
local law enforcement personnel after an accident has occurred. The 
existing drug and alcohol rule was published on February 15, 1994, and 
previously reported under RIN 2132-AA37 and 2132-AA38. This change will 
make FTA's rule parallel with FHWA's and responds to a request from a 
transit authority.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/30/97                    62 FR 51076
NPRM Comment Period End         12/01/97
Final Action                    12/08/98                    63 FR 67612
Final Action Effective          01/07/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: State, Local, Tribal

Agency Contact: Nancy Zaczek, Attorney Advisor, Department of 
Transportation, Federal Transit Administration, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-4011

RIN: 2132-AA56
_______________________________________________________________________




2511. ``MAINTENANCE'' UNDER DEFINITION OF SAFETY-SENSITIVE FUNCTIONS IN 
DRUG AND ALCOHOL RULES

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 5331

CFR Citation:  49 CFR 653; 49 CFR 654

Legal Deadline: None

Abstract: The Federal Transit Administration is expanding its 
definition of safety-sensitive functions to require drug and alcohol 
testing of maintenance workers engaged in rebuilding or overhauling 
engines, revenue service vehicles, and parts. This change eliminates 
the distinction between maintenance workers involved in on-going, daily 
maintenance and repair work and those who, on a routine basis, perform 
rebuilding and overhauling work.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/02/98                    63 FR 10183
NPRM Comment Period End         06/01/98
Final Action                    01/05/99                      64 FR 425
Final Action Effective          02/04/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: State, Local, Tribal

Agency Contact: Judy Meade, Director, Office of Safety and Security, 
Department of Transportation, Federal Transit Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-2896
Fax: 202 366-7951

RIN: 2132-AA61
_______________________________________________________________________




2512. CAPITAL LEASES

Priority:  Substantive, Nonsignificant

Legal Authority:  PL 105-178, sec 3003

CFR Citation:  49 CFR 639

Legal Deadline: None

Abstract: Section 3003 of the Transportation Equity Act for the 21st 
Century (TEA-21) expanded the definition of capital projects to include 
the leasing of equipment or facilities for use in mass transportation 
when it is cost-effective to do so. Prior to enactment of TEA-21, the 
option to lease instead of purchase was available only to recipients of 
FTA's formula grant program for urbanized areas, section 5307 
recipients through the capital lease rule. In implementing this 
expanded definition, which benefits most of FTA 's recipients, FTA is 
amending its capital lease rule by expanding it to include all FTA 
recipients of capital assistance. This rule will allow all FTA 
recipients of capital assistance to choose to purchase or lease 
equipment or facilities depending on which option is more cost-
effective. Because this rule is non-controversial and beneficial to all 
FTA recipients of capital assistance, FTA issued a final rule, thus, 
quickly implementing the change mandated by TEA-21. The publication of 
this rule relieves recipients of capital assistance of an 
administrative burden they must meet under OMB guidance.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    12/10/98                    63 FR 68366
Final Action Effective          01/11/99

Regulatory Flexibility Analysis Required: No

[[Page 21728]]

Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: State, Local

Procurement: This is a procurement-related action for which there is no 
statutory requirement. There is no paperwork burden associated with 
this action.

Agency Contact: Rita Daguillard, Acting Assistant Chief Counsel, 
Department of Transportation, Federal Transit Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-1936
Fax: 202 366-3809

RIN: 2132-AA65
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                        Prerule Stage


Research and Special Programs Administration (RSPA)



_______________________________________________________________________




2513. APPLICABILITY OF THE HAZARDOUS MATERIALS REGULATIONS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 5101 to 5127

CFR Citation:  49 CFR 106 to 107; 49 CFR 171 to 180

Legal Deadline: None

Abstract: This rulemaking proposes to better define the applicability 
of Federal Hazardous Materials Regulations, 49 CFR parts 171-180, 
thereby clarifying the relationship among Federal, State, local and 
tribal agencies in the regulation of hazardous materials 
transportation. RSPA has held three public hearings on this rulemaking 
and is evaluating input from those meetings and numerous public 
comments.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           07/29/96                    61 FR 39522
Comment Period End              11/30/96
SANPRM                          04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: State, Local, Tribal, Federal

Additional Information: Docket No. HM-223.

Agency Contact: Nancy Machado, Attorney, Room 8407, Department of 
Transportation, Research and Special Programs Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-4400
Fax: 202 366-7041
Email: [email protected]

RIN: 2137-AC68
_______________________________________________________________________




2514. HAZARDOUS MATERIALS: REVISION OF REQUIREMENTS FOR CARRIAGE BY 
AIRCRAFT

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  48 USC 5101 to 5127

CFR Citation:  49 CFR 175

Legal Deadline: None

Abstract: Part 175 is being revised and rewritten in order to simplify 
and clarify the requirements, further align them with the international 
requirements (ICAO) and eliminate obsolete requirements.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           10/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: None

Additional Information: Docket No. HM-228.

Agency Contact: Deborah Boothe, Transportation Regulations Specialist, 
Department of Transportation, Research and Special Programs 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-8553
Email: [email protected]

RIN: 2137-AD18
_______________________________________________________________________




2515. HAZARDOUS MATERIALS: REVISIONS TO THE INCIDENT REPORTING 
REQUIREMENTS AND THE DETAILED HAZARDOUS MATERIALS INCIDENT REPORT DOT 
FORM 5800.1

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 5105 to 5127

CFR Citation:  49 CFR 171

Legal Deadline: None

Abstract: This rulemaking will review the hazardous materials incident 
reporting regulations in 49 CFR part 171 including the hazardous 
materials incident report (form 5800.1). The goal of this rulemaking is 
to simplify, update and review the requirements while enhancing the 
ability of the Research and Special Programs Administration and the DOT 
modal administrations to gather information vital to increase safety of 
transporting hazardous materials.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: Federal

Additional Information: Docket No. HM-229.

Agency Contact: Diane LaValle, Transportation Specialist, Department of 
Transportation, Research and Special Programs Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-8553
Fax: 202 366-3753

[[Page 21729]]

Email: [email protected]
  
Kevin Coburn, Information Systems Manager, Department of 
Transportation, Research and Special Programs Administration
Phone: 202 366-8553

RIN: 2137-AD21
_______________________________________________________________________




2516.  HAZARDOUS MATERIALS: AIR CARRIER EMERGENCY TELEPHONE 
NUMBER REQUIREMENTS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 5101 to 5127

CFR Citation:  49 CFR 172; 49 CFR 175

Legal Deadline: None

Abstract: The notice solicits comments on the merits of safety 
recommendations from the National Transportation Safety Board to 
require that air carriers transporting hazardous materials have the 
means, 24 hours per day, to quickly retrieve and provide consolidated 
specific information about the identify and location of all hazardous 
materials on an aircraft in a timely manner to emergency responders.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           06/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Docket No. HM-206C

Agency Contact: John A. Gale, Transportation Regulations Specialist, 
Department of Transportation, Research and Special Programs 
Administration, 400 Seventh Street SW., Washington, DC
Phone: 202 366-8553
Fax: 202 366-3012

RIN: 2137-AD29
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                  Proposed Rule Stage


Research and Special Programs Administration (RSPA)



_______________________________________________________________________




2517. +REQUIREMENTS FOR CYLINDERS (SECTION 610 REVIEW)

Priority:  Other Significant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 5101 to 5127

CFR Citation:  49 CFR 172; 49 CFR 173; 49 CFR 178

Legal Deadline: None

Abstract: This rulemaking proposes amendments to the Hazardous 
Materials Regulations (HMR) to update and consolidate requirements for 
the manufacture, maintenance, requalification, repair, and use of 
compressed gas cylinders. RSPA is proposing changes affecting the 
manufacture of compressed gas cylinders, certain new DOT specifications 
for and to revise requirements applicable to the maintenance, 
requalification, and repair of all DOT specification cylinders 
(including those cylinders that may no longer be manufactured). RSPA 
also proposed to simplify the requirements for filling cylinders and 
consolidate and revise requirements applicable to persons who requalify 
cylinders. This rulemaking recognizes advances in cylinder 
manufacturing technology and will clarify and simplify regulatory 
requirements. This rulemaking, which affects persons who manufacture, 
requalify, repair, refill and use compressed gas cylinders, is of 
significant interest to the compressed gas industry. As part of this 
action, a small entities review under 5 USC section 610 will be 
included.

Statement of Need: This rulemaking action is the first comprehensive 
review and revision of the cylinder requirements since the first 
cylinder specification was adopted in the early 1900's. Since that 
time, additional cylinder specifications and related requirements for 
cylinder requalification and use have been added on a piece-meal basis 
in response to the development of new construction materials, accidents 
and incidents, shipping experience, and the development of industry 
consensus standards. RSPA seeks to improve the integrity of cylinders 
by adopting manufacturing and testing standards based more on 
performance than detailed design requirements. RSPA has received over 
25 petitions for rulemaking and has issued numerous exemptions relating 
to requirements for cylinders and for the transportation of hazardous 
materials in cylinders. The merits of these petitions and the need to 
convert provisions of exemptions into regulations of general 
applicability will be considered in this rulemaking action.

Summary of the Legal Basis: Section 5103 of Title 49 U.S.C. specifies 
that the Secretary shall prescribe regulations for the safe 
transportation of hazardous materials in intrastate, interstate, and 
foreign commerce. These regulations apply to persons transporting or 
causing to transport hazardous materials in commerce, and persons 
manufacturing, fabricating, marking, maintaining, repairing or testing 
packagings that are represented, marked, certified, or sold by such 
persons as qualified for use in transporting hazardous materials in 
commerce.

Alternatives: The proposed rule is expected to incorporate a variety of 
alternatives to provide greater flexibility to cylinder manufacturers, 
refillers and users. There will be proposals to allow harmonizing of 
the manufacturing practices between the U.S. and other countries, to 
provide greater flexibility in the filling of cylinders based on 
performance criteria, and to simplify the regulations by streamlining 
the commodity sections and by standardizing the new cylinder 
specifications.

Anticipated Costs and Benefits: A preliminary regulatory evaluation is 
being developed. The potential costs and benefits of this action have 
not yet been determined. A major industry association has indicated 
that this rulemaking could result in significant cost reductions for 
the cylinder manufacturing industry.

Risks: Improving the integrity of cylinders will reduce the risk of 
leakage in overturns and other accidents. In addition, simplifying the 
regulations will reduce misunderstandings and the possibility of 
processing errors that may adversely affect safety.

[[Page 21730]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/30/98                    63 FR 58460
Extension of Comment Period and 
Notice of Public Meeting 
Published                       12/31/98                    63 FR 72224
NPRM Comment Period End         05/28/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: None

Additional Information: Formerly entitled Review: Consolidation of 
Specifications for High-Pressure Seamless Cylinders. Docket No. HM-220.

Agency Contact: Charles Betts, Transportation Regulations Specialist, 
Department of Transportation, Research and Special Programs 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-8553
Email: [email protected]

RIN: 2137-AA92
_______________________________________________________________________




2518. PIPELINE SAFETY: GAS GATHERING LINE DEFINITION

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 60101 to 60125

CFR Citation:  49 CFR 192

Legal Deadline:
Final, Statutory, October 24, 1994.

Abstract: The existing definition of ``gathering line'' would be 
clearly defined to eliminate confusion in distinguishing these 
pipelines from transmission lines in rural areas. The costs should be 
minimal since the definition will conform to prevailing practices in 
government and industry.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/25/91                    56 FR 48505
NPRM Comment Period End         11/25/91
Electronic Public Meeting       04/13/99
SNPRM                           09/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Docket No. RSPA-98-4868 (Formerly PS-122).
ANALYSIS: Regulatory Evaluation, 09/25/91, 56 FR 48505

Agency Contact: L.E. Herrick, Transportation Specialist, Department of 
Transportation, Research and Special Programs Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-5523

RIN: 2137-AB15
_______________________________________________________________________




2519. DOT 3AL ALUMINUM CYLINDERS; SAFETY PROBLEMS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 5101 to 5127

CFR Citation:  49 CFR 178

Legal Deadline: None

Abstract: Certain DOT 3AL cylinders made of aluminum alloy 6351 have 
been discovered developing cracks during service, and occasionally 
leaks developed that resulted in loss of contents. The ANPRM was to 
alert and inform all persons possessing these cylinders of the 
problems, identify those cylinders at risk, and suggest steps to 
minimize risks. The NPRM will address the safety issues.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           07/10/87                    52 FR 26027
ANPRM Comment Period End        08/10/87
NPRM                            12/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: Undetermined

Additional Information: Docket No. HM-176A. Some safety issues 
originally considered by this action are being addressed with Docket 
HM-220, RIN 2137-AA92.
ANALYSIS: Regulatory Evaluation

Agency Contact: Ryan Posten, Transportation Regulations Specialist, 
Department of Transportation, Research and Special Programs 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-8553
Email: [email protected]

RIN: 2137-AB51
_______________________________________________________________________




2520. PIPELINE SAFETY: UNDERWATER ABANDONED PIPELINE FACILITIES

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 60101 to 60125

CFR Citation:  49 CFR 192; 49 CFR 195

Legal Deadline:
Final, Statutory, April 24, 1994.

Abstract: This action will require operators of gas and hazardous 
liquid pipeline facilities to report certain information about 
abandoned underwater pipelines, including location, size, date of 
abandonment, and compliance with applicable laws. The information will 
be available for use by other Federal agencies and state authorities.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Additional Information: Docket No. RSPA-97-2094.

Agency Contact: L. E. Herrick, Transportation Specialist, Department of 
Transportation, Research and Special Programs Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-5523

RIN: 2137-AC33
_______________________________________________________________________




2521. AREAS UNUSUALLY SENSITIVE TO ENVIRONMENTAL DAMAGE (USAS)

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 60101 to 60125

CFR Citation:  49 CFR 195

Legal Deadline:
Final, Statutory, October 24, 1994.

Abstract: In response to a statutory mandate, this action will 
establish criteria for identifying areas near hazardous liquid 
pipelines that are unusually sensitive to environmental damage if a 
pipeline accident occurs.

[[Page 21731]]

The criteria are being developed in consultation with the Environmental 
Protection Agency and other agencies. Criteria for identification of 
unusually sensitive areas will be pilot-tested in 1999. Pipelines 
located in areas identified under the criteria will be the subject of 
other rulemaking proceedings: Pipe Inventory (RIN 2137-AB48) and 
Increased Inspection Requirements (RIN 2137-AC38).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Public Meeting and 
Supplemental Notice             06/22/94                    59 FR 32178
Public Meeting Comment Period 
End                             08/01/94
Extended Comment Period End     06/26/95
Extended Comment Period End 8/
25/95                           07/10/95                    60 FR 35549
NPRM                            12/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Docket No. PS-140. Was originally Docket PS-
130B, ``Environmentally Sensitive Areas,'' for part 194. Changed to 
address part 195. A series of public workshops were conducted in 1996 
and 1997. Additional workshops will be scheduled as necessary.

Agency Contact: Christina Sames, Petroleum Engineer, Department of 
Transportation, Research and Special Programs Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-4561

RIN: 2137-AC34
_______________________________________________________________________




2522. +INCREASED INSPECTION REQUIREMENTS

Priority:  Other Significant

Legal Authority:  49 USC 60101 to 60125

CFR Citation:  49 CFR 192; 49 CFR 195

Legal Deadline:
Final, Statutory, October 24, 1995.

Abstract: This rulemaking would address the need for additional 
periodic inspection of gas and hazardous liquid pipelines in high-
density, environmentally sensitive, or navigable waterway areas.The 
regulations would prescribe circumstances under which such inspections 
must be conducted by internal inspection devices or equivalent means. 
This action is considered significant because of substantial public 
interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Public Workshop                 10/18/95                    60 FR 44821
NPRM                            12/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Docket No. PS-141.

Agency Contact: L. M. Furrow, Transportation Specialist, Department of 
Transportation, Research and Special Programs Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-4559

RIN: 2137-AC38
_______________________________________________________________________




2523. +EMERGENCY FLOW RESTRICTING DEVICES

Priority:  Other Significant

Legal Authority:  49 USC 60101 to 60125

CFR Citation:  49 CFR 195

Legal Deadline:
Final, Statutory, October 24, 1996.

Abstract: This rulemaking would specify those circumstances under which 
operators of hazardous liquid pipelines are required to use emergency 
flow restricting devices (EFRDs) or other procedures, systems, and 
equipment to detect and locate pipeline ruptures and minimize releases. 
This action is considered significant because of substantial public 
interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           01/19/94                     59 FR 2802
ANPRM Comment Period End        04/19/94
NPRM                            12/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Docket No. PS-133. A public workshop was held 
on 10/19/95 (60 FR 44822). This action is being coordinated with other 
rulemakings on onshore oil spill response plans (Docket No. PS-130; RIN 
2137-AC30), areas unusually sensitive to environmental damage (Docket 
No PS-140; RIN 2137-AC34), and pipeline leak detection systems (Docket 
No. RSPA 97-2362; RIN 2137-AD05). These actions are being pursued in 
coordination with, and as part of the response to, the EFRD mandate.
First, RSPA has required pipeline operators to develop and carry out 
onshore oil spill response plans under the Oil Pollution Act of 1990 
(Docket No. PS-130; RIN 2137-AC30). The operators have filed response 
plans under an interim final rule, and numerous tabletop exercises and 
area exercises have been conducted to validate the planning process. 
Work is proceeding on a 'one plan' approach that would allow an 
operator to file only one oil spill response plan with the various 
interested agencies. A final rule will be directed toward improving 
operators' accident response capabilities and minimizing accident 
consequences.
Second, RSPA published a proposed rule to adopt the American Petroleum 
Institute's (API) pipeline leak detection system technical standard 
(Standard API 1130, Computational Pipeline Monitoring) to guide 
industry implementation of computer-based leak detection systems 
(Docket No. RSPA-97-2362, RIN 2137-AD06). This proposal would require 
that operators of hazardous liquid pipelines use API 1130 in 
conjunction with other information in the design, evaluation, 
operation, maintenance, and testing of their software-based leak 
detection systems. This will result in a significant advancement toward 
the acceptance of leak detection technology on hazardous liquid 
pipelines. This is a necessary precedent to the possible adoption of 
regulations on emergency flow restricting devices.
Third, RSPA is working with the Environmental Protection Agency, the 
U.S. Coast Guard, and others to develop a definition of ``areas 
unusually sensitive to environmental damage from pipeline spills'' 
(Docket No. PS-140; RIN 2137-AC34). This effort will define areas that 
are candidates for the application of EFRDs.

Agency Contact: L. Ulrich, General Engineer, Department of 
Transportation, Research and Special

[[Page 21732]]

Programs Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-4556

RIN: 2137-AC39
_______________________________________________________________________




2524. PIPELINE SAFETY: PERIODIC UNDERWATER INSPECTIONS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 60101 to 60125

CFR Citation:  49 CFR 192; 49 CFR 195

Legal Deadline:
Final, Statutory, October 24, 1995.

Abstract: This action would require operators of natural gas and 
hazardous liquid pipelines to conduct periodic underwater inspections 
of offshore pipelines and those in navigable waterways. This action 
would also define what constitutes an exposed underwater pipeline and 
what constitutes a hazard to navigation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Additional Information: Docket No. RSPA-97-3001.

Agency Contact: L. E. Herrick, Transportation Specialist, Department of 
Transportation, Research and Special Programs Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-5523

RIN: 2137-AC54
_______________________________________________________________________




2525. HAZARDOUS MATERIALS: REQUIREMENTS FOR CARGO TANKS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 5101 to 5127

CFR Citation:  49 CFR 107; 49 CFR 173; 49 CFR 178; 49 CFR 180

Legal Deadline: None

Abstract: This rulemaking proposes to revise and clarify certain 
manufacturing, maintenance and use requirements pertaining to cargo 
tank motor vehicles in the Hazardous Materials Regulations. FHWA 
inspections have resulted in a preliminary determination that these 
regulations need to be amended to make them more practical, 
understandable, and enforceable.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: None

Additional Information: HM-213.

Agency Contact: Jennifer Karim, Senior Transportation Specialist, 
Department of Transportation, Research and Special Programs 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-8553
Email: [email protected]

RIN: 2137-AC90
_______________________________________________________________________




2526. +HAZARDOUS MATERIALS: SAFETY STANDARDS FOR UNLOADING CARGO TANK 
MOTOR VEHICLES IN LIQUEFIED COMPRESSED GAS SERVICE

Priority:  Other Significant

Legal Authority:  49 USC 5101 to 5127

CFR Citation:  49 CFR 171; 49 CFR 173; 49 CFR 178; 49 CFR 180

Legal Deadline: None

Abstract: This rulemaking enhances the safety of cargo tank motor 
vehicles in liquefied compressed gas service by clarifying and revising 
existing hazardous materials regulations and by adding new requirements 
and alternatives regarding emergency discharge control systems, hose 
management, and vehicle attendance requirements. This action will 
affect all operators of cargo tank motor vehicles in liquefied 
compressed gas service and is expected to generate substantial public 
interest; it is therefore a significant rulemaking.

Statement of Need: This rulemaking action responds to numerous 
incidents involving the release of liquefied compress gas during the 
unloading of cargo tank motor vehicles and resulting in injuries and 
deaths. It is based on comments received to an advance notice of 
proposed rulemaking, published in the Federal Register, on August 18, 
1997, and on a Convening Report, by the Mediation Consortium, that 
recommended RSPA use regulatory negotiation to develop alternative 
safety standards for preventing and mitigating unintentional releases 
of hazardous materials during the unloading of cargo tank motor 
vehicles in liquefied compressed gas service. The negotiated rule will 
reflect the consensus of those persons who represent the interests 
affected by this action, such as businesses that transport and deliver 
propane, anhydrous ammonia, and other liquefied compressed gases; 
manufacturers of DOT specification MC 330 and MC 331 cargo tank motor 
vehicles used to transport liquefied compressed gases; Federal safety 
regulatory agencies; and state and local public safety and emergency 
response agencies. Section 5103 of title 49 U.S.C. requires the 
Secretary to prescribe regulations for the safe transportation of 
hazardous materials in intrastate, interstate and foreign commerce. 
Section 5102(a) specifies that transportation includes unloading 
incidental to the movement of hazardous materials.

Summary of the Legal Basis: The negotiated rulemaking process is 
conducted in accordance with the Federal Advisory Committee Act and the 
Negotiated Rulemaking Act of 1990.

Alternatives: The negotiated rule is expected to improve the safe 
unloading of liquefied compressed gases. This rulemaking action is key 
to proposing recommendations that can achieve DOT's safety goal as well 
as providing regulations that recognize industry practices. RSPA has 
rejected the alternative of proceeding to write a proposed regulation 
itself because it believes the negotiated rulemaking process is more 
likely to result in a safety-promoting, practical, cost-beneficial 
rule. In addition this negotiated rulemaking will make it less likely 
that petitions for reconsideration are filed and that the final rule is 
legally challenged.

Anticipated Costs and Benefits: The negotiated rulemaking committee 
will develop a preliminary regulatory evaluation to assess the 
potential costs and benefits of the negotiated rule.

Risks: This rulemaking is intended to save lives and prevent injuries, 
property damages and environmental degradation by reducing the rise of 
accidental release of compressed gases

[[Page 21733]]

and of fires or explosions that can result from such releases.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           08/18/97                    62 FR 44059
ANPRM Comment Period End        10/17/97
Notice of Intent to Establish a 
Negotiated Rulemaking Committee 06/04/98                    63 FR 30572
Notice of Establishment of 
Advisory Committee for 
Negotiated Rulemaking and Notice 
of First Meeting                07/16/98                    63 FR 38456
Notice of Negotiated Rulemaking 
Committee Meetings              08/20/98                    63 FR 44601
NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: None

Additional Information: Docket No. HM-225A. This rulemaking is related 
to docket HM-225 (DMS Docket No. RSPA 97-2133, RIN 2137-AC97). RSPA is 
establishing an advisory committee to address issues in this rulemaking 
(negotiated rulemaking).

Agency Contact: Jennifer Karim, Senior Transportation Regulations 
Specialist, Department of Transportation, Research and Special Programs 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-8553
Email: [email protected]

RIN: 2137-AD07
_______________________________________________________________________




2527. HAZARDOUS MATERIALS: REVISIONS TO STANDARDS FOR INFECTIOUS 
SUBSTANCES

Priority:  Substantive, Nonsignificant

Legal Authority:  33 USC 1321; 49 USC 5101 to 5127

CFR Citation:  49 CFR 171; 49 CFR 172; 49 CFR 173; 49 CFR 174; 49 CFR 
175; 49 CFR 176; 49 CFR 177; 49 CFR 178

Legal Deadline: None

Abstract: This rulemaking proposes to amend the Hazardous Materials 
Regulations to provide for the transport of infectious medical waste in 
bulk packagings, modify the exceptions for transporting biological 
products and diagnostic specimens without being subject to the 
regulations, and revise the definition, hazardous communication, and 
packaging requirements for other infectious substances to make them 
consistent with international transportation requirements. RSPA held a 
public meeting on the rulemaking via the internet.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           09/02/98                    63 FR 46844
ANPRM Comment Period End        12/01/98
NPRM                            10/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: None

Additional Information: Docket No. HM-226. DMS Docket No. RSPA- 98-
3971.

Agency Contact: Eileen Mack, Transportation Regulations Specialist, 
Department of Transportation, Research and Special Programs 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-8553
Email: [email protected]

RIN: 2137-AD13
_______________________________________________________________________




2528. TRANSPORTATION OF HAZARDOUS MATERIALS; MISCELLANEOUS AMENDMENTS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 5101 to 5127

CFR Citation:  49 CFR 171; 49 CFR 172; 49 CFR 173; 49 CFR 174; 49 CFR 
175; 49 CFR 176; 49 CFR 178; 49 CFR 180

Legal Deadline: None

Abstract: RSPA proposes to make routine, technical, and minor 
miscellaneous amendments to the Hazardous Materials Regulations based 
on petitions for rulemaking and RSPA initiative. Because some of the 
changes are substantive, RSPA will publish an NPRM to obtain public 
comments.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: Undetermined

Additional Information: Docket No. HM-218. This is a continuation of 
the rulemakings previously published under the miscellaneous HM-166 
rulemaking docket series e.g., HM-166Z, Final Rule; 6/2/94 (59 FR 
28487).

Agency Contact: Charles Betts, Transportation Regulations Specialist, 
Department of Transportation, Research and Special Programs 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-8553
Email: [email protected]

RIN: 2137-AD16
_______________________________________________________________________




2529. +HAZARDOUS MATERIALS TRANSPORTATION: REGISTRATION AND FEE 
ASSESSMENT PROGRAM

Priority:  Other Significant

Legal Authority:  49 USC 5101 to 5127

CFR Citation:  49 CFR 107

Legal Deadline: None

Abstract: RSPA proposes to revise the registration fee structure to 
collect approximately $14.3 million to fund the Emergency Preparedness 
Grants Program to train responders. This action would double the 
registration program receipts and thus the monies available for 
distribution, primarily for State and tribal hazardous materials 
emergency response training and planning grants. The additional fees 
could come from existing registrants (certain shippers and carriers of 
hazardous materials), from newly required registrants, or from both.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: None

Additional Information: Docket No. HM-208C.

Agency Contact: Jodi George, Transportation Regulations Specialist,

[[Page 21734]]

Department of Transportation, Research and Special Programs 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-8553
Email: [email protected]

RIN: 2137-AD17
_______________________________________________________________________




2530. HAZARDOUS MATERIALS: REVISION AND CONSOLIDATION OF REQUIREMENTS 
FOR CARRIAGE BY RAIL CAR AND MOTOR VEHICLE

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 5101 to 5127

CFR Citation:  49 CFR 174; 49 CFR 177

Legal Deadline: None

Abstract: This rulemaking is based on a joint petition for rulemaking 
submitted by the American Trucking Associations, Inc. and the 
Association of American Railroads. This rulemaking proposes to 
consolidate the Hazardous Materials Regulations (HMR) found in 49 CFR 
parts 174 and 177 into a new part 174. The intended impact of the 
rulemaking is to streamline the requirements of parts 174 and 177, 
enhance compliance with the HMR and to develop a positive impact on the 
land surface transportation of hazardous materials.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: None

Additional Information: Docket No. HM-227.

Agency Contact: Helen Engrum, Transportation Regulations Specialist, 
Department of Transportation, Research and Special Programs 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-8553
Email: [email protected]

RIN: 2137-AD19
_______________________________________________________________________




2531. PIPELINE SAFETY: ENFORCEMENT PROCEDURES

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 60101 to 60125

CFR Citation:  49 CFR 190.209; 49 CFR 190.213

Legal Deadline: None

Abstract: This action will revise RSPA's pipeline safety enforcement 
procedures to minimize paperwork in uncontested cases where a person 
pays a proposed civil penalty or agrees to a proposed compliance order. 
The procedures will be changed to show that both responses are 
considered offenses in determining any future civil penalty 
assessments. These changes will streamline the enforcement process.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: Docket No. RSPA-98-4284. The changes to part 
190 modify agency rules of practice and procedure.

Agency Contact: Linda Daugherty, Enforcement Officer, Department of 
Transportation, Research and Special Programs Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-4577
Fax: 202 366-4566
Email: [email protected]

RIN: 2137-AD22
_______________________________________________________________________




2532. PIPELINE SAFETY: PERIODIC UPDATES TO PIPELINE SAFETY REGULATIONS 
(1998)

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 60101 to 60125

CFR Citation:  49 CFR 192 to 195

Legal Deadline: None

Abstract: This rulemaking is designed to update the pipeline safety 
regulations on an annual basis. It will incorporate by reference the 
latest editions of consensus standards to allow operators to utilize 
current technology, materials, and practices. In addition, 
noncontroversial corrections and clarifications will be made. This 
annual update process is consistent with the President's goal of 
regulatory reinvention and improvement of customer service.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: No

Government Levels Affected: State, Local

Additional Information: Docket No. RSPA-98-4732

Agency Contact: Eben Wyman, Transportation Specialist, Department of 
Transportation, Research and Special Programs Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-0918
Fax: 202 366-4566
Email: [email protected]

RIN: 2137-AD23
_______________________________________________________________________




2533. PIPELINE SAFETY: CORROSION CONTROL ON GAS AND HAZARDOUS LIQUID 
PIPELINES

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 60101 to 60125

CFR Citation:  49 CFR 192; 49 CFR 195

Legal Deadline: None

Abstract: The corrosion-control regulations for gas and hazardous 
liquid pipelines will be revised to incorporate the latest safety 
standards for corrosion protection of steel pipe. Specific criteria for 
corrosion protection

[[Page 21735]]

will be incorporated into the federal pipeline safety regulations, 
including the adoption of voluntary standards of recognized standards-
setting organizations. Comparable standards will be applied to both gas 
and hazardous liquid pipelines.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: No

Government Levels Affected: State, Local

Additional Information: Docket No. RSPA-97-2762. Notice of public 
meeting 10/29/97 (62 FR 56141).

Agency Contact: Gopala Vinjamuri, Materials Engineer, Department of 
Transportation, Research and Special Programs Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-4503
Fax: 202 366-4566
Email: [email protected]

RIN: 2137-AD24
_______________________________________________________________________




2534. PIPELINE SAFETY: GAS AND HAZARDOUS LIQUID PIPELINE REPAIR

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 60101 to 60125

CFR Citation:  49 CFR 485; 49 CFR 487; 49 CFR 713

Legal Deadline: None

Abstract: Gas pipe that is generally corroded over a large area to the 
extent that wall thickness is unsafe must be replaced, unless in the 
case of transmission pipe, operating pressure is reduced. Similarly, 
any damage that impairs the serviceability of high-stress transmission 
pipe must be replaced, unless it is repaired by a full encirclement 
welded split sleeve. The proposed rule would permit operators to use 
alternative corrective methods that have been demonstrated to 
permanently restore the pressure integrity of corroded or damaged pipe. 
By allowing the use of less expensive proven technologies, the proposed 
rule would reduce costs in the gas pipeline industry without reducing 
safety.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Additional Information: Docket No. RSPA-98-4733

Agency Contact: L. M. Furrow, Transportation Specialist, Department of 
Transportation, Research and Special Programs Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-4559
Fax: 202 366-4566
Email: [email protected]

RIN: 2137-AD25
_______________________________________________________________________




2535. PIPELINE SAFETY: PRESSURE TESTING OLDER PIPELINES IN TERMINALS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 60101 to 60125

CFR Citation:  49 CFR 195.302

Legal Deadline: None

Abstract: Certain older pipelines in terminals and tank farms must be 
pressure tested before December 7, 2003. Based on a petition, RSPA is 
reconsidering this testing requirement in light of the risk and low 
operating stress of these pipelines. RSPA has stayed enforcement of the 
testing requirement against pipelines designed not to operate above 20 
percent of specified minimum yield strength.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/99

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Additional Information: Notice requesting comment 2/10/98 (63 FR 6677) 
in Docket No. PS-121.

Agency Contact: Mike Israni, General Engineer, Department of 
Transportation, Research and Special Programs Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-4571
Fax: 202 366-4566
Email: [email protected]

RIN: 2137-AD26
_______________________________________________________________________




2536.  HAZARDOUS MATERIALS: HAZARD COMMUNICATION REQUIREMENTS--
PETITIONS FOR RULEMAKING AND MISCELLANEOUS AMENDMENTS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 5101 to 5127

CFR Citation:  49 CFR 171; 49 CFR 172

Legal Deadline: None

Abstract: This rulemaking action would amend the Hazardous Materials 
Regulations (HMR) to continue improving the hazard communication 
requirements to better identify hazardous materials in transportation, 
in response to several petitions for rulemaking and RSPA initiatives. 
The primary areas that would be addressed are shipping papers, marking, 
labeling, and placarding requirements. In making improvements to the 
hazardous materials identification system in the HMR, the proposed 
action is intended to improve safety for transportation workers, 
emergency responders, and the public. The effect of the proposed 
regulatory action would be to simplify, clarify, correct, or provide 
relief from certain regulatory requirements.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Additional Information: Docket No. HM-206B

Agency Contact: Helen Engrum, Regulations Specialist, Department of 
Transportation, Research and Special Programs Administration, 400 
Seventh Street SW., Washington, DC
Phone: 202 366-8553
Fax: 202 366-3012

RIN: 2137-AD28
_______________________________________________________________________




2537.  HAZARDOUS MATERIALS: REVISED AND CLARIFIED HAZARDOUS 
MATERIALS EXEMPTIONS PROCEDURES

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing

[[Page 21736]]

Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 5101 to 5127

CFR Citation:  49 CFR 107

Legal Deadline: None

Abstract: This rulemaking will make minor substantive changes to the 
hazardous materials exemptions procedures of the hazardous materials 
procedural regulations and will result in a complete re-write of the 
exemptions procedures in language that is easier to understand. This 
action follows a previous rulemaking which involved re-writing the 
hazardous materials rulemaking procedures. These actions are being 
taken to update RSPA's procedural regulations in a new question and 
answer formate that will be more user friendly.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: Undetermined

Agency Contact: Karin V. Christian, Attorney, Department of 
Transportation, Research and Special Programs Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-4400
Fax: 202 366-7041

RIN: 2137-AD30
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                     Final Rule Stage


Research and Special Programs Administration (RSPA)



_______________________________________________________________________




2538. QUANTITY LIMITATIONS ABOARD AIRCRAFT

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 5101 to 5127

CFR Citation:  49 CFR 175

Legal Deadline: None

Abstract: This action responded to a petition for rulemaking that 
proposed to remove the fifty-pound limit on the quantity of hazardous 
materials that may be stowed in an inaccessible cargo location on 
passenger-carrying aircraft. Comments to the NPRM indicated that 
further evaluation is needed. RSPA has decided to withdraw this 
proposal and consider the petition for rulemaking in its overall 
revision of 48 CFR Part 175, in HM-228, RIN 2317-AD18.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           04/06/84                    49 FR 13717
ANPRM Comment Period End        09/01/84
NPRM                            02/13/85                     50 FR 6013
NPRM Comment Period End         05/30/85
To Be Withdrawn                 10/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: None

Additional Information: This project was formerly entitled: Limitation 
Aboard Aircraft. Docket HM-192. A related rulemaking is ``Prohibition 
of Oxidizers Aboard Aircraft,'' HM-224A, RIN 2127-AC92. The proposal 
will be considered as part of HM-228, RIN 3217-AD18.
ANALYSIS: Regulatory Evaluation, 02/13/85, 50 FR 6013

Agency Contact: Deborah Boothe, Transportation Regulations Specialist, 
Department of Transportation, Research and Special Programs 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-8553
Email: [email protected]

RIN: 2137-AA85
_______________________________________________________________________




2539. +PIPELINE SAFETY: QUALIFICATION OF PIPELINE PERSONNEL

Priority:  Other Significant

Legal Authority:  49 USC 60101 to 60125

CFR Citation:  49 CFR 192; 49 CFR 195

Legal Deadline: None

Abstract: This rulemaking would establish qualification standards for 
personnel who perform certain operation and maintenance functions on 
gas or hazardous liquid pipelines. The standards are needed to ensure 
that pipeline personnel can recognize, and react properly to, dangerous 
situations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           03/23/87                     52 FR 9189
ANPRM Comment Period End        05/07/87
NPRM                            08/03/94                    59 FR 39506
Extended Comment Period End 10/
31/94                           09/07/94                    59 FR 46219
Notice of Public Hearing        09/07/94                    59 FR 46219
NPRM Comment Period End         10/03/94
Notice of Intent to Form a 
Negotiated Rulemaking Committee 07/02/96                    61 FR 34410
NPRM Withdrawn                  07/02/96                    61 FR 34413
NPRM                            10/27/98                    63 FR 57269
Notice of Public Meeting        02/02/99                     64 FR 5018
Final Rule                      06/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Docket No. RSPA-98-3783. Formerly Docket No. 
PS-94, Pipeline Operator Qualifications. The proposals regarding 
certification of personnel and emergency response in ``Proposals for 
Pipeline Safety,'' RIN 2137-AB27, have been consolidated into this 
rulemaking. Following withdrawal of an initial NPRM, a negotiated 
rulemaking committee considered alternatives and, by January 1998, 
reached consensus on a proposal to require pipeline operators to have 
and follow a personnel qualification program. A second NPRM will be 
based on this proposal.
ANALYSIS: Regulatory Evaluation, 08/03/94, 59 FR 39506

Agency Contact: Eben Wyman, Transportation Specialist, Department of 
Transportation, Research and Special Programs Administration, 400 
Seventh Street SW., Washington, DC 20590

[[Page 21737]]

Phone: 202 366-0918

RIN: 2137-AB38
_______________________________________________________________________




2540. DETERMINING THE EXTENT OF CORROSION ON EXPOSED GAS PIPELINES

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 60101 to 60125

CFR Citation:  49 CFR 192

Legal Deadline: None

Abstract: Gas pipeline operators must now inspect for corrosion on 
buried metallic pipe that is exposed by excavation. If any corrosion is 
discovered, this rulemaking would require operators to investigate 
further to determine the full extent of the corrosion. A similar 
investigation is already required for hazardous liquid pipelines. NTSB 
has recommended that this proposal be adopted to establish an 
equivalent level of safety for gas pipelines. An NPRM was issued in 
June 1989 (54 FR 27041). Rather than produce a final rule on this 
single corrosion issue, RSPA has decided to consider this in Docket No. 
RSPA-97-2762 (RIN 2137-AD24), a new docket to consider the entire range 
of corrosion requirements in the gas and hazardous liquid pipeline 
regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/27/89                    54 FR 27041
NPRM Comment Period End         09/25/89
To Be Withdrawn                 05/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Docket No. PS-107. The issue addressed by this 
action may be reconsidered in a separate proceeding dedicated to the 
review of all corrosion control requirements in 49 CFR parts 192 and 
195 (Docket No. RSPA-97-2762; 62 FR 44436; Aug. 21, 1997).
ANALYSIS: Regulatory Evaluation, 06/27/89, 54 FR 27041

Agency Contact: L. M. Furrow, Transportation Specialist, Department of 
Transportation, Research and Special Programs Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-4559

RIN: 2137-AB50
_______________________________________________________________________




2541. PASSAGE OF INTERNAL INSPECTION DEVICES

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 60101 to 60125

CFR Citation:  49 CFR 192; 49 CFR 195

Legal Deadline: None

Abstract: This rulemaking established minimum Federal pipeline safety 
standards requiring that new and replacement gas transmission and 
hazardous liquid pipelines be designed to accommodate the passage of 
internal inspection devices. In response to petitions for 
reconsideration of the final rule, an additional NPRM was issued 
proposing to limit the rule with respect to new and existing offshore 
gas transmission lines and the replacement of onshore gas transmission 
lines in rural areas.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/20/92                    57 FR 54745
NPRM Comment Period End         01/19/93
Final Rule                      04/12/94                    59 FR 17275
NPRM                            09/30/94                    59 FR 49896
NPRM Correction                 10/19/94                    59 FR 52863
Limited Suspension of 
Enforcement                     02/07/95                     60 FR 7133
NPRM Comment Period End         10/31/97                    59 FR 49896
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Docket No. PS-126. The integrity testing 
proposal in ``Proposals for Pipeline Safety,'' RIN 2137-AB27, was 
consolidated, in part, into this rulemaking.
ANALYSIS: Regulatory Evaluation, 04/12/94, 59 FR 17275

Agency Contact: R. Huriaux, Manager - Regulations, Department of 
Transportation, Research and Special Programs Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-4565

RIN: 2137-AB71
_______________________________________________________________________




2542. PIPELINE SAFETY: ADOPTION OF INDUSTRY STANDARDS FOR BREAKOUT TANKS

Priority:  Substantive, Nonsignificant

Unfunded Mandates: Undetermined

Legal Authority:  49 USC 60101 to 60125

CFR Citation:  49 CFR 195

Legal Deadline: None

Abstract: This action proposes to incorporate by reference the 
applicable standards for breakout tank design and construction that are 
contained in American Petroleum Institute Standard 650-653 and other 
national standards. These standards are already widely followed in the 
pipeline industry. In developing this regulation, RSPA has the benefit 
of a Texas A&M study on breakout tanks and input from the pipeline 
industry and other commenters.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/21/98                    63 FR 27903
Comment Period End              07/20/98
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Docket No. RSPA-97-2095.
ANALYSIS: Regulatory Evaluation, 05/21/98, 63 FR 27908

Agency Contact: Mike Israni, General Engineer, Department of 
Transportation, Research and Special Programs Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-4571

RIN: 2137-AC11
_______________________________________________________________________




2543. TANK CARS AND CARGO TANK MOTOR VEHICLES: ATTENDANCE REQUIREMENTS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 5101 to 5127

CFR Citation:  49 CFR 174; 49 CFR 177

Legal Deadline: None

Abstract: This action establishes standards to allow the use of 
electronic surveillance and monitoring equipment (signalling systems) 
for unloading tank cars and to revise other unloading requirements for 
tank cars. This action

[[Page 21738]]

would recognize recent technological innovations and improve safety 
during the loading/unloading of bulk quantities of hazardous materials.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/14/92                    57 FR 42466
NPRM Comment Period End         12/14/92
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: None

Additional Information: Docket No. HM-212.
ANALYSIS: Regulatory Evaluation, 09/14/92, 57 FR 42466

Agency Contact: Susan Gorsky, Transportation Regulations Specialist, 
Department of Transportation, Research and Special Programs 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-8553
Email: [email protected]

RIN: 2137-AC24
_______________________________________________________________________




2544. +RESPONSE PLANS FOR ONSHORE OIL PIPELINES

Priority:  Other Significant

Legal Authority:  49 USC 60101 to 60125

CFR Citation:  49 CFR 194

Legal Deadline:
Final, Statutory, August 18, 1992.

Abstract: The interim final rule established regulations requiring 
response plans for certain onshore oil pipelines. Those regulations are 
mandated by the Federal Water Pollution Control Act as amended by the 
Oil Pollution Act of 1990 (Pub. L. 101-380). The purpose of these 
requirements is to improve response capabilities and minimize the 
impact of onshore oil spills from pipelines. This rule is significant 
because of substantial public and congressional interest.
Pipeline operators filed response plans under this interim final rule, 
and numerous tabletop exercises and area exercises have been conducted 
to validate the planning process.
The final rule in this matter will reflect the experience gained under 
the interim final rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              01/05/93                      58 FR 244
Comment Period End              02/19/93
Notice of Public Meeting        06/15/94                    59 FR 30755
Public Meeting Comment Period 
End                             08/01/94
Notice of Public Hearing        11/29/96                    61 FR 60679
Correction                      01/21/97                     62 FR 2989
Final Action                    05/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Docket No. PS-130.
ANALYSIS: Regulatory Evaluation, 01/05/93, 58 FR 244

Agency Contact: James Taylor, Response Plans Officer, Department of 
Transportation, Research and Special Programs Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-8860

RIN: 2137-AC30
_______________________________________________________________________




2545. FILLING OF PROPANE CYLINDERS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 5101 to 5127

CFR Citation:  49 CFR 173

Legal Deadline: None

Abstract: The ANPRM solicited comments on the merits of a petition for 
rulemaking to require registration and training of persons who fill 
propane cylinders, certification of filling equipment operators, and 
proof of financial responsibility. The petition would also allow 
filling of propane cylinders by volume rather than by weight, which is 
currently required by the hazardous material regulations. This notice 
will terminate rulemaking action in this docket and deny the petition 
for rulemaking because, based on the comments, there is no safety 
justification for imposing the costs of a registration, training and 
financial responsibility program for cylinder fillers.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           09/23/96                    61 FR 43515
ANPRM Comment Period End        11/21/96
To Be Withdrawn                 04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: None

Additional Information: Docket No. HM-220C.

Agency Contact: Eileen Mack, Transportation Regulations Specialist, 
Department of Transportation, Research and Special Programs 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-8553
Email: [email protected]

RIN: 2137-AC86
_______________________________________________________________________




2546. +PROHIBITION OF OXIDIZERS ABOARD AIRCRAFT

Priority:  Other Significant

Legal Authority:  49 USC 5101 to 5127

CFR Citation:  49 CFR 175

Legal Deadline: None

Abstract: RSPA has proposed to amend the Hazardous Materials 
Regulations to prohibit the carriage of oxidizers, including compressed 
oxygen, aboard passenger-carrying aircraft. The effect of this 
prohibition would limit oxidizers to accessible locations on cargo 
aircraft. The December 30, 1996, notice of proposed rulemaking analyzed 
Class D cargo compartments. The August 20, 1997 supplemental NPRM 
specifically analyzed the prohibition of oxidizers in Class B and C 
cargo compartments. This rulemaking is significant due to congressional 
and public interest in the hazards presented by these materials when 
transported as cargo on passenger aircraft.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/30/96                    61 FR 68955
NPRM Comment Period End         02/28/97
SNPRM                           08/20/97                    62 FR 44374
Comment Period End              10/20/97
Reopen Comment Period           11/28/97                    62 FR 63306
Public Hearing                  01/14/98

[[Page 21739]]

Comment Period End              02/13/98
Final Rule                      04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: None

Additional Information: HM-224A. See related actions, Prohibition of 
Oxygen Generators as Cargo in Passenger Aircraft (RIN 2137-AC89), 61 FR 
26418 (May 24, 1996), 61 FR 68952 (December 30, 1996), and Hazardous 
Materials; Shipping Description and Packaging of Oxygen Generators (RIN 
2127-AD02), 62 FR 30767 (June 5, 1999), 62 FR 34667 (June 27, 1999).

Agency Contact: Diane LaValle, Transportation Regulations Specialist, 
Department of Transportation, Research and Special Programs 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-8553
Email: [email protected]

RIN: 2137-AC92
_______________________________________________________________________




2547. PIPELINE SAFETY: ADOPTION OF INDUSTRY STANDARDS FOR LIQUEFIED 
NATURAL GAS FACILITIES

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 60101 to 60128

CFR Citation:  49 CFR 193

Legal Deadline: None

Abstract: This action would replace existing DOT standards governing 
the siting, design, and construction of liquefied natural gas 
facilities with an incorporation by reference of the 1996 edition of 
the National Fire Protection Association document, ANSI/NFPA 59A, 
``Production, Storage, and Handling of Liquefied Natural Gas.'' The 
action, which is based on an NFPA rulemaking petition, is expected to 
reduce costs to the gas pipeline industry without compromising safety.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/22/98                    63 FR 70735
NPRM Comment Period End         03/22/99
Final Rule                      05/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Docket No. RSPA-97-3002. Notice of public 
meeting (63 FR 5918;2/5/98)

Agency Contact: Mike Israni, General Engineer, Department of 
Transportation, Research and Special Programs Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-4571
Fax: 201 366-4566

RIN: 2137-AD11
_______________________________________________________________________




2548. HAZARDOUS MATERIALS: REVISED AND CLARIFIED HAZARDOUS MATERIALS 
SAFETY RULEMAKING AND PROGRAM PROCEDURES

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 5101 to 5127

CFR Citation:  49 CFR 106; 49 CFR 107

Legal Deadline: None

Abstract: This rulemaking will make minor substantive changes to 
Rulemaking Procedures and Hazardous Materials Program Procedures, 49 
CFR parts 106 and 107 of the hazardous materials procedural 
regulations, and will result in a complete re-write of those parts in 
language that is easier to understand. This action is being taken in 
order to update RSPA's hazardous materials procedural regulations and 
to re-write the current requirements in a new question and answer 
format that will be more user-friendly. These changes are expected to 
be of interest to those persons and entities subject to the 
requirements of the hazardous materials regulations (49 CFR parts 171-
180).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/11/98                    63 FR 68624
NPRM Comment Period End         02/09/99
Final Rule                      10/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: Undetermined

Additional Information: Docket No. RSPA-98-3974.

Agency Contact: Nancy E. Machado, Attorney, Department of 
Transportation, Research and Special Programs Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-4400
Fax: 202 366-7041
Email: [email protected]

RIN: 2137-AD20
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                    Long-Term Actions


Research and Special Programs Administration (RSPA)



_______________________________________________________________________




2549. +MAPS AND RECORDS OF PIPELINE LOCATIONS AND CHARACTERISTICS; 
NOTIFICATION OF STATE AGENCIES; PIPE INVENTORY

Priority:  Other Significant

Legal Authority:  49 USC 60101 to 60125

CFR Citation:  49 CFR 192; 49 CFR 195

Legal Deadline:
Final, Statutory, November 1, 1989, Deadline pertains to pipeline 
inventory and State agency information.

Abstract: This action proposes to equalize as far as possible the 
requirements that gas and hazardous liquid pipeline operators keep maps 
and records to show the location and other characteristics of 
pipelines. Operators would be required to keep an inventory of pipe and 
periodically report mileage and other facts. In addition, operators 
would be required to provide certain information to State agencies upon 
request. This is a significant action because of

[[Page 21740]]

congressional and State concerns about the need for appropriate public 
officials to have pipeline information.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: In furtherance of this rulemaking, the 
Department of Transportation's Office of Pipeline Safety (OPS) is 
working with other Federal and State agencies and pipeline industry to 
create a national pipeline mapping system. This system, when complete, 
will show the location and selected attributes of the major natural gas 
and hazardous liquid pipelines and liquefied natural gas facilities 
operating in the United States. OPS will add additional data layers 
into the system, including layers on population densities, unusually 
sensitive areas, natural disaster probability and high consequence 
areas, hydrography, and transportation networks. OPS will use the 
system to depict pipelines in relation to the public and the 
environment, and to work with other government agencies and industry 
during an incident.
A joint government/industry Mapping Quality Action Team (MQAT II) has 
drafted national pipeline mapping standards that will be used to create 
the digital pipeline layer. These include standards for electronic data 
submissions, paper map submissions, and metadata (data on the data). 
The team has also drafted standards that will be used by the pipeline 
mapping repository receiving the pipeline information. The team is 
currently pilot testing the draft standards and is working to establish 
relationships with State agencies, industry, and others to exchange 
data that meets the standards.

Agency Contact: Christina Sames, Petroleum Engineer, Department of 
Transportation, Research and Special Programs Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-4561

RIN: 2137-AB48
_______________________________________________________________________




2550. +SAFEGUARDING FOOD FROM CONTAMINATION DURING TRANSPORTATION

Priority:  Other Significant

Legal Authority:  49 USC 5701 to 5714

CFR Citation:  49 CFR 1

Legal Deadline:
Final, Statutory, August 1, 1991.

Abstract: The Sanitary Food Transportation Act of 1990 (49 USC 5701 et 
seq.) requires the Secretary of Transportation, in consultation with 
the Secretaries of Agriculture and Health and Human Services and the 
Administrator of the Environmental Protection Agency, to issue 
regulations concerning the transportation of food, food additives, 
drugs, devices, and cosmetics in motor and rail vehicles also used to 
transport nonfood products that could pose an unreasonable danger to 
human or animal health when so transported. This rulemaking will 
implement the statutory requirements. This rulemaking is significant 
because of substantial public and congressional interest. RSPA's next 
action is undetermined because it has requested personnel resources 
from Congress necessary to perform these food safety functions.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           02/20/91                     56 FR 6934
Extended Comment Period End 04/
29/91                           03/21/91                    56 FR 11982
NPRM                            05/21/93                    58 FR 29698
Notice of Public Hearing        05/21/93                    58 FR 29698
NPRM Comment Period End         10/18/93


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: None

Additional Information: Docket FS-1. The Department has resubmitted to 
Congress legislation proposing to significantly change the 
responsibilities for this action.
ANALYSIS: Regulatory Evaluation, 05/21/93, 58 FR 29698

Agency Contact: Jodi George, Transportation Regulations Specialist, 
Department of Transportation, Research and Special Programs 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-8553
Email: [email protected]

RIN: 2137-AC00
_______________________________________________________________________




2551. REGULATED GAS AND HAZARDOUS LIQUID GATHERING LINES

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 60101 to 60125

CFR Citation:  49 CFR 192; 49 CFR 195

Legal Deadline:
Final, Statutory, October 24, 1995.

Abstract: This action would establish regulations for gas and hazardous 
liquid gathering lines in rural areas for which there are at present no 
safety regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Next Action Undetermined         To Be                       Determined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Richard Huriaux, Director, Technology & Regulations, 
Department of Transportation, Research and Special Programs 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-4565

RIN: 2137-AC53
_______________________________________________________________________




2552. RETENTION OF SHIPPING PAPERS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 5101 to 5127

CFR Citation:  49 CFR 172; 49 CFR 174; 49 CFR 175; 49 CFR 176; 49 CFR 
177

Legal Deadline: None

Abstract: This action proposes to amend the Hazardous Materials 
Regulations by requiring shippers and carriers to retain a copy of the 
hazardous material shipping paper or an electronic image of the 
shipping paper for a period of one year. Retention of shipping papers 
is a current requirement as specified in 49 U.S.C. 5110(e). RSPA's next 
action is undetermined because there is pending proposed legislation on 
this subject that would clarify the time frame for beginning the one 
year cycle.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: No

[[Page 21741]]

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: None

Additional Information: Docket No. HM-207B.

Agency Contact: Deborah Boothe, Transportation Regulation Specialist, 
Department of Transportation, Research and Special Programs 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-8553

RIN: 2137-AC64
_______________________________________________________________________




2553. FURTHER REGULATORY REVIEW; GAS PIPELINE SAFETY STANDARDS

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 60101 to 60125

CFR Citation:  49 CFR 192

Legal Deadline: None

Abstract: This action would change miscellaneous gas pipeline safety 
standards to provide clarity, eliminate unnecessary or overly 
burdensome requirements, and foster economic change. Some of the 
proposed changes result from RSPA's further review of the standards 
following its 1995-1996 review under the President's Regulatory 
Reinvention Initiative. Other changes are based on recommendations by 
the National Association of Pipeline Safety Representatives (NAPSR) in 
its November 1992 report on the standards. The proposed changes would 
reduce costs in the pipeline industry without compromising safety.
NAPSR and the pipeline industry formed a working group to consider the 
NAPSR proposals and other issues. An NPRM in response to the petitions 
may be issued after consultations with this group.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Docket No. PS-124. The NAPSR report was 
published November 9, 1993, at 58 FR 59431, as part of the earlier 
review of the standards.

Agency Contact: Richard Huriaux, Director, Office of Technology and 
Regulations, Department of Transportation, Research and Special 
Programs Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-4565

RIN: 2137-AD01
_______________________________________________________________________




2554. +PIPELINE SAFETY: RECOMMENDATIONS TO CHANGE HAZARDOUS LIQUID 
PIPELINE SAFETY STANDARDS

Priority:  Other Significant

Unfunded Mandates: Undetermined

Legal Authority:  49 USC 60101 to 60128

CFR Citation:  49 CFR 195

Legal Deadline: None

Abstract: In 1995, the National Association of Pipeline Safety 
Representatives (NAPSR) completed its review of the hazardous liquid 
pipeline safety regulations. NAPSR provided RSPA with 28 
recommendations for changes to 49 CFR part 195, the hazardous liquid 
pipeline regulations. NAPSR's recommendations are aimed at making the 
regulations more explicit, understandable, and enforceable. This action 
would address the need to change Part 195 as NAPSR recommended. This 
action is considered significant because it involves matters of 
substantial public and State interest.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Docket No. RSPA-97-2717.

Agency Contact: L. M. Furrow, Transportation Specialist, Department of 
Transportation, Research and Special Programs Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-4559
Fax: 202 366-4566

RIN: 2137-AD10
_______________________________________________________________________




2555. 1998 HARMONIZATION OF HAZARDOUS MATERIALS REGULATIONS WITH 
INTERNATIONAL STANDARDS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 5101 to 5127

CFR Citation:  49 CFR 171 to 180

Legal Deadline: None

Abstract: This rulemaking maintains harmonization of the Hazardous 
Materials Regulations (HMR) with international standards.
Because of recent changes to the International Maritime Dangerous Goods 
Code (IMDG), the International Civil Aviation Organization's (ICAO) 
Technical Instructions for the Safe Transport of Dangerous Goods by Air 
and the United Nations Recommendations on the Transport of Dangerous 
Goods (UN Recommendations), these revisions are necessary to facilitate 
the transport of hazardous materials in international commerce.
The first final rule made urgent changes that were necessary to align 
the HMR with the IMDG and ICAO Technical Instructions. The second final 
rule addressed all other harmonization proposals contained in the NPRM.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/18/98                    63 FR 44312
NPRM Comment Period End         10/02/98
Final Rule                      10/29/98                    63 FR 57929
Effective Date                  01/01/99
Final Rule                      03/05/99                    64 FR 10742


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: None

Additional Information: Docket No. HM-215C. comments submitted to RIN 
2137-AC47, Docket No. HM-217 were considered in this docket.
ANALYSIS: Regulatory Evaluation, 04/15/98

Agency Contact: Joan McIntyre, Transportation Regulations Specialist, 
Department of Transportation, Research and Special Programs 
Administration, 400 Seventh Street SW., Washington, DC 20590

[[Page 21742]]

Phone: 202 366-8553
Email: [email protected]

RIN: 2137-AD15
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                    Completed Actions


Research and Special Programs Administration (RSPA)



_______________________________________________________________________




2556. HAZARDOUS MATERIALS: LABELING REQUIREMENTS FOR POISONOUS MATERIALS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 5101 to 5127

CFR Citation:  49 CFR 172; 49 CFR 174 to 177

Legal Deadline: None

Abstract: This action was initiated to consider changes to certain 
labeling provisions of the Hazardous Materials Regulations to require 
the use of a POISON label on packages containing materials meeting the 
toxicity criteria for poisonous materials in Division 6.1, Packing 
Group III. This rulemaking is necessary due to elimination of the Keep 
Away From Food Label by the UN. In August 1998, this rulemaking was 
combined with the rulemaking in Docket No. HM-215C (RSPA-97-4155), and 
this docket (HM-217) was terminated as a separate rulemaking.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           11/08/93                    58 FR 59224
ANPRM Comment Period End        01/10/94
Action Terminated               08/18/98                    63 FR 44312

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: None

Additional Information: Formerly Docket No. HM-217. This action was 
combined with Docket HM-215C, RIN 2137-AD15. Comments submitted to this 
Docket were considered in Docket HM-215C.

Agency Contact: Helen Engrum, Transportation Regulations Specialist, 
Department of Transportation, Research and Special Programs 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-8553
Email: [email protected]

RIN: 2137-AC47
_______________________________________________________________________




2557. +RISK-BASED ALTERNATIVE TO PRESSURE TESTING RULE

Priority:  Other Significant

Legal Authority:  49 USC 60101 to 60125

CFR Citation:  49 CFR 195

Legal Deadline: None

Abstract: This rulemaking provides a risk-based alternative to the 
existing pressure testing rule for older hazardous liquid and carbon 
dioxide pipelines. On June 7, 1994 (59 FR 29379), RSPA issued a final 
rule requiring the hydrostatic pressure testing of certain older 
pipelines (49 CFR 195.302). On June 23, 1995, the American Petroleum 
Institute (API) filed a petition on behalf of many liquid pipeline 
operators that recommended a risk-based alternative to the required 
pressure testing rule. RSPA found considerable merit in a risk-based 
approach to pressure testing and thus postponed the time for compliance 
with the final rule issued on June 7, 1994, to allow time for 
evaluation of the API petition. The risk-based alternative allows 
operators to elect an approach to evaluating the integrity of these 
lines that takes into account individual risk factors. This allows 
operators to focus resources on higher-risk pipelines and effect a 
greater reduction in the overall risk from pipeline accidents. This 
rulemaking is considered significant because of the substantial 
industry interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Public Meeting        03/08/96                     61 FR 9415
NPRM                            02/05/98                     63 FR 5918
NPRM Comment Period End         04/06/98
Final Action                    11/04/98                    63 FR 59475

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Docket No. PS-144. A final rule issued 10/27/97 
(62 FR 54591) (Docket No. PS-121; RIN 2137 AD05) extends time for 
compliance with the pressure testing final rule issued June 7, 1994 (58 
FR 29379).
ANALYSIS: Regulatory Evaluation, 02/05/98, 63 FR 5920

Agency Contact: Mike Israni, General Engineer, Department of 
Transportation, Research and Special Programs Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-4571

RIN: 2137-AC78
_______________________________________________________________________




2558. PIPELINE SAFETY: PERIODIC UPDATES TO PIPELINE SAFETY REGULATIONS 
(1997)

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 60101 to 60125

CFR Citation:  49 CFR 192; 49 CFR 193; 49 CFR 195; 49 CFR 1.53

Legal Deadline: None

Abstract: This rulemaking is designed to update the pipeline safety 
regulations on an annual basis. It incorporated by reference the latest 
editions of consensus standards to allow operators to utilize current 
technology, materials, and practices. In addition, noncontroversial 
corrections and clarifications were made. This annual update process is 
consistent with the President's goal of regulatory reinvention and 
improvement of customer service.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Direct Final Rule               02/17/98                     63 FR 7721
Direct Final Rule Effective     05/04/98

[[Page 21743]]

Corrections to Direct Final Rule07/20/98                    63 FR 38757

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Docket No. RSPA-97-2251.

Agency Contact: Eben Wyman, Transportation Specialist, Department of 
Transportation, Research and Special Programs Administration, 400 
Seventh Street SW., Washington, DC 20590
Phone: 202 366-0918

RIN: 2137-AD03
_______________________________________________________________________




2559. HAZARDOUS MATERIALS: EDITORIAL CORRECTIONS AND CLARIFICATIONS

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 5101 to 5127

CFR Citation:  49 CFR 107; 49 CFR 171 to 173; 49 CFR 175 to 180

Legal Deadline: None

Abstract: This final rule corrected editorial errors, made non-
substantive regulatory changes, and in response to requests for 
clarification, improved the clarity of certain provisions of the 
Hazardous Materials Regulations (HMR). This final rule correcting minor 
errors was not preceded by a notice of proposed rulemaking because RSPA 
made a finding for good cause that notice and public comment are 
unnecessary under the Administrative Procedure Act.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    10/01/98                    63 FR 52844

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: Docket No. 189-O.

Agency Contact: Charles E. Betts, Transportation Regulations 
Specialist, Department of Transportation, Research and Special Programs 
Administration, 400 7th Street SW., Washington, DC 20590
Phone: 202 366-8553
Fax: 202 366-3012

RIN: 2137-AD27
_______________________________________________________________________




2560.  HAZARDOUS MATERIALS: AUTHORIZATION FOR CONTINUED 
MANUFACTURE OF CERTAIN MC-331 CARGO TANK MOTOR VEHICLES WITH SPECIFIED 
SHORTAGES

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 5101 to 5127

CFR Citation:  49 CFR 171

Legal Deadline: None

Abstract: The final rule extends for a 4-month period, until July 
1,1999, a provision that permits the continued manufacture and 
certification of certain cargo tanks under temporary alternative 
provisions found in Docket HM-225 (RIN 2137-AC97). This extension is 
necessary to avoid the unnecessary disruption of cargo tank 
manufacturing and delivery processes while RSPA works with industry to 
develop new cargo tank manufacturing and certification requirements for 
certain cargo tanks. We did not receive any comments on the NPRM.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/12/99                     64 FR 1789
NPRM Comment Period End         02/11/99
Final Action                    03/01/99                     64 FR 9923
Final Action Effective          03/01/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: HM-225B

Agency Contact: Jennifer Karim, Transportation Specialist, Department 
of Transportation, Research and Special Programs Administration, 400 
Seventh Street SW., Washington, DC
Phone: 202 366-8553
Fax: 202 366-3012

RIN: 2137-AD31
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                        Prerule Stage


Maritime Administration (MARAD)



_______________________________________________________________________




2561.  +ELIGIBILITY OF U.S.-FLAG VESSELS OF 100 FEET OR GREATER 
TO OBTAIN COMMERCIAL FISHERIES DOCUMENTS

Priority:  Other Significant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority:  PL 105-277, sec 203

CFR Citation:  46 CFR 356

Legal Deadline:
Final, Statutory, April 1, 2000.

Abstract: The American Fisheries Act of 1998 (AFA) raises the U.S. 
ownership standards for U.S.-flag fishing vessels operating in U.S. 
waters, eliminates exemptions for vessels that cannot meet current 
citizenship standards, and phases out of operation many of the largest 
fishing vessels that are thought to be destructive to fishery 
resources. In this action MARAD will propose new regulations for 
vessels of 100 feet or greater to (1) prohibit certain transfers of 
ownership or control to noncitizens; (2) identify transactions that 
will require prior agency approval; and, (3) identify transactions that 
will not require prior agency approval. This rule is considered 
significant because of Congressional interest.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           04/00/99

Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: John T. Marquez, Jr., Attorney Advisor, Division of 
Maritime Assistance Programs, Room 7228, Department of Transportation, 
Maritime Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-5320
Fax: 202 366-7485
Email: [email protected]

RIN: 2133-AB38

[[Page 21744]]

_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                  Proposed Rule Stage


Maritime Administration (MARAD)



_______________________________________________________________________




2562. PUTTING CUSTOMERS FIRST IN THE TITLE XI PROGRAM: SHIP FINANCING 
GUARANTEES

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  46 app USC 1114(b); 46 app USC 1271 et seq

CFR Citation:  46 CFR 298; 49 CFR 1.66

Legal Deadline: None

Abstract: MARAD is proposing to amend existing regulations and simplify 
existing administrative practices governing the following areas: 1) the 
ship financing guarantee process; 2) standards for evaluation and 
approval of applications; and 3) the process and documentation for 
closing of commitments to guarantee obligations issued under these 
regulations. These changes should make the entire process easier for 
prospective applicants.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           02/17/98                     63 FR 7745
ANPRM Comment Period End        03/19/98
NPRM                            10/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Mitchell D. Lax, Director, Office of Ship Finance, 
Department of Transportation, Maritime Administration, 400 Seventh 
Street SW., Washington, DC 20590
Phone: 202 366-1891

RIN: 2133-AB32
_______________________________________________________________________




2563.  +CARGO PREFERENCE REGULATIONS--CARRIAGE OF AGRICULTURAL 
EXPORTS

Priority:  Other Significant

Legal Authority:  46 app USC 1114(b); 46 app USC 1241; 49 CFR 1.66

CFR Citation:  46 CFR 381

Legal Deadline: None

Abstract: This action solicits public comments concerning whether the 
Maritime Administration should amend its cargo preference regulations 
governing the carriage of agricultural exports with respect to: giving 
equal preference to all U.S.-flag service and mixed U.S.-flag/foreign-
flag service; standardizing the current means for measuring compliance 
with cargo preference statutes or revising them; redefining certain 
terms to clarify requirements of cargo preference regulations and bring 
them in line with commercial practices; and other related issues. If 
action is proposed as a result of comments received, such action could 
have a significant affect on the shipment of a substantial portion of 
humanitarian and cargoes financed by the U.S. Government.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           01/28/99                     64 FR 4382
ANPRM Comment Period End        03/29/99
NPRM                            06/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Thomas W. Harrelson, Director, Office of Cargo 
Preference, Room 8118, Department of Transportation, Maritime 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-5515

RIN: 2133-AB37
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                    Completed Actions


Maritime Administration (MARAD)



_______________________________________________________________________




2564. APPROVAL OF CERTAIN TRANSACTIONS BEFORE VESSEL DOCUMENTATION

Priority:  Substantive, Nonsignificant

Legal Authority:  PL 104-324

CFR Citation:  46 CFR 221

Legal Deadline: None

Abstract: This action would have implemented section 1136(b) of the 
Coast Guard Authorization Act of 1996, which gives MARAD the discretion 
to grant approval of foreign transfer of vessels before they are 
actually documented under U.S. flag. In the absence of any application 
for such approval, MARAD determined that this regulation was 
unnecessary. Any such applications received in the future can easily be 
dealt with by applying the statutory criteria on an ad hoc basis.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Action Withdrawn                02/01/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Edmund T. Sommer, Jr., Chief, Division of General and 
International Law, Department of Transportation, Maritime 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-5181
Fax: 202 366-7485

RIN: 2133-AB30
_______________________________________________________________________




2565. USE OF BROKERAGE FIRMS AS DEPOSITORIES UNDER THE CAPITAL 
CONSTRUCTION FUND PROGRAM

Priority:  Info./Admin./Other

Legal Authority:  46 app USC 1114(b)

CFR Citation:  46 CFR 351; 49 CFR 1.66

Legal Deadline: None

Abstract: The regulations provide the qualifications for approval of 
depositories under several maritime programs, including the Capital 
Construction Fund Program (CCF). The CCF statute allows CCF fund 
holders to invest CCF funds in various securities, under certain 
conditions, but the relevant regulations do not allow for the use of 
brokerage firms. The Maritime Administration therefore amended its 
regulations to approve brokerage firms, under certain conditions, as 
acceptable depositories under the CCF program and bring the

[[Page 21745]]

regulations up to date with the CCF program.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    10/14/98                    63 FR 55039
Final Action Effective          10/16/98

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: This action was exempt from the notice 
requirements of the Administrative Procedure Act because it is a matter 
relating solely to agency management.

Agency Contact: Philip Budwick, Attorney Advisor, Office of Chief 
Counsel, Room 7228, Department of Transportation, Maritime 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-5167

RIN: 2133-AB35
_______________________________________________________________________




2566. APPROVAL OF UNDERWRITERS FOR MARINE HULL INSURANCE

Priority:  Substantive, Nonsignificant

Legal Authority:  46 app USC 1114(b)

CFR Citation:  49 CFR 249; 49 CFR 1.66

Legal Deadline: None

Abstract: The Maritime Administration solicited comments from 
interested persons concerning the need to amend the existing 
regulations governing the placement of marine hull insurance on 
subsidized and title XI program vessels. The existing regulations 
provide, among other things, the criteria and procedures for certain 
foreign underwriters to participate in the writing of hull insurance on 
program vessels. The possible need to amend the existing regulations 
arose because of the planned merger of two London-based marine 
insurance underwriters. Marad sought comments on how to deal with 
certain existing underwriter companies after the merger. Based on 
MARAD's own internal review and the limited response to the ANPRM, 
MARAD decided it was not necessary to proceed with rulemaking on this 
matter.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           09/04/98                    63 FR 42717
ANPRM Comment Period End        10/05/98
Action Terminated               01/08/99                     64 FR 1175

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Edmond J. Fitzgerald, Director, Office of Subsidy and 
Insurance, Room 8117, Department of Transportation, Maritime 
Administration, 400 Seventh Street SW., Washington, DC 20590
Phone: 202 366-2400

RIN: 2133-AB36
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                        Prerule Stage


Bureau of Transportation Statistics (BTS)



_______________________________________________________________________




2567. MODERNIZING THE PASSENGER ORIGIN-DESTINATION SURVEY

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 41708; 49 USC 41709

CFR Citation:  14 CFR 241

Legal Deadline: None

Abstract: Historically, the source document for the Passenger Origin-
Destination Survey was the auditor's coupon of the ticket. Until 
recently, these coupons provided all the information that was needed 
for the Survey. In the last few years, the carriers have begun using 
trip passes in conjunction with the tickets, thereby eliminating some 
of the data that is required to be reported in the Survey. Other 
innovations used by the industry, such as change-of-gauge flights and 
code-sharing, have impacted the Survey and obscured some of the data 
that is required to be reported, such as change of planes and junction 
points. This rulemaking will explore whether there are alternative 
sources for the data and modernize the collection system to keep pace 
with the industry.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           04/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Additional Information: This action is related to and may be affected 
by RIN 2105-AC71. It is now being administered by the Bureau of 
Transportation Statistics (BTS) since the Office of Aviation 
Information has been transferred to BTS from RSPA. (Formerly RIN 2137-
AB92)

Agency Contact: M. Clay Moritz, Jr., Acting Chief, Regulations 
Division, Office of Airline Information, K-25, Department of 
Transportation, Bureau of Transportation Statistics, 400 Seventh Street 
SW., Washington, DC 20590
Phone: 202 366-4385

RIN: 2139-AA01

[[Page 21746]]

_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                  Proposed Rule Stage


Bureau of Transportation Statistics (BTS)



_______________________________________________________________________




2568. MODERNIZING THE MOTOR CARRIERS OF PROPERTY FINANCIAL DATA 
COLLECTIONS

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  49 USC 14122 to 14123

CFR Citation:  49 CFR 1420

Legal Deadline: None

Abstract: The motor carriers of property financial data collection 
program was transferred to DOT from the Interstate Commerce Commission 
by the ICC Termination Act of 1995 (ICCTA), which went into effect 1/1/
96. The Secretary of Transportation has delegated responsibility for 
this program to BTS. The ICCTA made several modifications to the data 
collection program and calls on DOT to streamline and simplify 
reporting requirements. This rulemaking implements the ICCTA by 
revising the data collection to collect data for current needs while 
reducing respondent burden. It also adopts a system whereby motor 
carriers can request exemptions from filing and exemptions from public 
release of their reports. The supplemental notice requests further 
comment on public release of data from carrier reports.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice: Negotiated Rulemaking   12/09/96                    61 FR 64849
Comment Period Extended         01/23/97                     62 FR 3492
Comment Period Extended         02/07/97                     62 FR 5792
NPRM                            11/03/98                    63 FR 59263
NPRM Comment Period End         11/25/98
NPRM Comment Period Extended    11/25/98                    63 FR 65163
Extended NPRM Comment Period End01/15/99
Final Rule                      03/23/99                    64 FR 13916
SNPRM                           03/23/99                    64 FR 13948
Final Rule Effective            04/22/99                    64 FR 13916
SNPRM Comment Period End        04/22/99                    64 FR 13948

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: BTS proposed the establishment of a negotiated 
rulemaking advisory committee in December 1996. However, BTS has 
determined that this process would not provide a significant advantage 
over conventional rulemaking. The CFR citation has changed from 49 CFR 
1249 to 49 CFR 1420. The regulations were moved from the Surface 
Transportation Board's CFR Chapter to BTS's chapter and the change 
reflects this move (63 FR 51292).

Agency Contact: David Mednick, K-2, Department of Transportation, 
Bureau of Transportation Statistics, 400 Seventh Street SW., 
Washington, DC 20590
Phone: 202 366-8871
Fax: 202 366-3640

RIN: 2139-AA05
_______________________________________________________________________


DEPARTMENT OF TRANSPORTATION (DOT)                    Completed Actions


Bureau of Transportation Statistics (BTS)



_______________________________________________________________________




2569. +AMENDMENTS TO THE ON-TIME DISCLOSURE RULE

Priority:  Other Significant

Legal Authority:  49 USC 40101; 49 USC 40114; 49 USC 41702; 49 USC 
41708; 49 USC 41712; 5 USC 553(e)

CFR Citation:  14 CFR 234; 14 CFR 302.38

Legal Deadline: None

Abstract: This action had proposed to reinstate the exclusion of 
flights delayed or cancelled because of mechanical problems from air 
carriers' on-time flight reports. The action was withdrawn in response 
to comments by consumer groups, safety experts and various airlines.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/05/95                    60 FR 29514
NPRM Comment Period End         07/05/95
Extended Comment Period End 8/5/
95                              07/06/95                    60 FR 35158
Withdrawn                       01/26/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Additional Information: The NPRM was published under RSPA RIN 2137-
AC67. However, since BTS is now separate from RSPA this new RIN 2139-
AA00 has been assigned and will be used for future actions. This rule 
is significant under DOT regulatory policies and procedures due to the 
potential impact on safety. However, it is not considered significant 
under EO 12866.

Agency Contact: Bernie Stankus, Systems Accountant, Department of 
Transportation, Bureau of Transportation Statistics, 400 Seventh Street 
SW., Washington, DC 20590
Phone: 202 366-4387
Fax: 202 366-3383

RIN: 2139-AA00
[FR Doc. 99-9307 Filed 04-23-99; 8:45 am]
BILLING CODE 4910-62-F
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