81 FR 94783 - Department Regulatory Agenda; Semiannual Summary
DEPARTMENT OF TRANSPORTATION
Office of the Secretary Federal Register Volume 81, Issue 247 (December 23, 2016)
Office of the Secretary
Federal Register Volume 81, Issue 247 (December 23, 2016)
| Page Range | 94783-94803 | |
| FR Document | 2016-29872 |
[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)] [Unknown Section] [Pages 94783-94803] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29872] [[Page 94783]] Vol. 81 Friday, No. 247 December 23, 2016 Part XIV Department of Transportation ----------------------------------------------------------------------- Semiannual Regulatory Agenda Federal Register / Vol. 81 , No. 247 / Friday, December 23, 2016 / Unified Agenda [[Page 94784]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Office of the Secretary 14 CFR Chs. I-III 23 CFR Chs. I-III 33 CFR Chs. I and IV 46 CFR Chs. I-III 48 CFR Ch. 12 49 CFR Subtitle A, Chs. I-VI, and Chs. X-XII [DOT-OST-1999-5129] Department Regulatory 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 intent of the Agenda is to provide the public with information about the Department of Transportation's regulatory activity planned for the next 12 months. It is expected that this information will enable the public to more effectively participate in the Department's regulatory process. The public is also invited to submit comments on any aspect of this Agenda. FOR FURTHER INFORMATION CONTACT: General You should direct all comments and inquiries on the Agenda in general to Jonathan Moss, Assistant General Counsel for Regulation, Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590; (202) 366-4723. Specific You should direct all comments and inquiries on particular items in the Agenda to the individual listed for the regulation or the general rulemaking contact person for the operating administration in appendix B. Table of Contents Supplementary Information: Background Significant/Priority Rulemakings Explanation of Information on the Agenda Request for Comments Purpose Appendix A--Instructions for Obtaining Copies of Regulatory Documents Appendix B--General Rulemaking Contact Persons Appendix C--Public Rulemaking Dockets Appendix D--Review Plans for Section 610 and Other Requirements SUPPLEMENTARY INFORMATION: Background Improvement of our regulations is a prime goal of the Department of Transportation (Department or DOT). Our regulations should be clear, simple, timely, fair, reasonable, and necessary. They should not be issued without appropriate involvement of the public; once issued, they should be periodically reviewed and revised, as needed, to ensure that they continue to meet the needs for which they originally were designed. To view additional information about the Department's regulatory activities online, go to http://www.dot.gov/regulations. Among other things, this Web site provides a report updated monthly on the status of the DOT significant rulemakings listed in the semiannual regulatory agenda. To help the Department achieve its goals and in accordance with Executive Order (E.O.) 12866, ``Regulatory Planning and Review,'' (58 FR 51735; Oct. 4, 1993) and the Department's Regulatory Policies and Procedures (44 FR 11034; Feb. 26, 1979), the Department prepares a semiannual regulatory agenda. It summarizes all current and projected rulemakings, reviews of existing regulations, and completed actions of the Department. These are matters on which action has begun or is projected during the next 12 months or for which action has been completed since the last Agenda. The Agendas are based on reports submitted by the offices initiating the rulemaking and are reviewed by OST. The Internet is the basic means for disseminating the Unified Agenda. The complete Unified Agenda is available online at www.reginfo.gov in a format that offers users a greatly enhanced ability to obtain information from the Agenda database. Because publication in the Federal Register is mandated for the regulatory flexibility agendas required by the Regulatory Flexibility Act (5 U.S.C. 602), DOT's printed Agenda entries include only: 1. The agency's Agenda preamble; 2. Rules that are in the agency's regulatory flexibility agenda, in accordance with the Regulatory Flexibility Act, because they are likely to have a significant economic impact on a substantial number of small entities; and 3. Any rules that the agency has identified for periodic review under section 610 of the Regulatory Flexibility Act. Printing of these entries is limited to fields that contain information required by the Regulatory Flexibility Act's Agenda requirements. These elements are: Sequence Number; Title; Section 610 Review, if applicable; Legal Authority; Abstract; Timetable; Regulatory Flexibility Analysis Required; Agency Contact; and Regulation Identifier Number (RIN). Additional information (for detailed list, see section heading ``Explanation of Information on the Agenda'') on these entries is available in the Unified Agenda published on the Internet. Significant Rulemakings The Agenda covers all rules and regulations of the Department. We have classified rules as significant in the Agenda if they are, essentially, very beneficial, controversial, or of substantial public interest under our Regulatory Policies and Procedures. All DOT significant rulemaking documents are subject to review by the Secretary of Transportation. If the Office of Management and Budget (OMB) decided a rule is subject to its review under Executive Order 12866, we have also classified it as significant in the Agenda. Explanation of Information on the Agenda An Office of Management and Budget memorandum, dated July 27, 2016, requires the format for this Agenda. First, the Agenda is divided by initiating offices. Then the Agenda is divided into five categories: (1) Prerule stage, (2) proposed rule stage, (3) final rule stage, (4) long-term actions, and (5) completed actions. For each entry, the Agenda provides the following information: (1) Its ``significance''; (2) a short, descriptive title; (3) its legal basis; (4) the related regulatory citation in the Code of Federal Regulations; (5) any legal deadline and, if so, for what action (e.g., NPRM, final rule); (6) an abstract; (7) a timetable, including the earliest expected date for when a rulemaking document may publish; (8) whether the rulemaking will affect small entities and/or levels of Government and, if so, which categories; (9) whether a Regulatory Flexibility Act (RFA) analysis is required (for rules that would have a significant economic impact on a substantial number of small entities); (10) a listing of any analyses an office will prepare or has prepared for the action (with minor exceptions, DOT requires an economic analysis for all its rulemakings); (11) an agency contact office or official who can provide further information; (12) a Regulation [[Page 94785]] Identifier Number (RIN) assigned to identify an individual rulemaking in the Agenda and facilitate tracing further action on the issue; (13) whether the action is subject to the Unfunded Mandates Reform Act; (14) whether the action is subject to the Energy Act; and (15) whether the action is major under the congressional review provisions of the Small Business Regulatory Enforcement Fairness Act. If there is information that does not fit in the other categories, it will be included under a separate heading entitled ``Additional Information.'' One such example of this is the letters ``SB,'' ``IC,'' and ``SLT.'' These refer to information used as part of our required reports on Retrospective Review of DOT rulemakings. A ``Y'' or an ``N,'' for yes and no, respectively, follow the letters to indicate whether or not a particular rulemaking would have effects on: Small businesses (SB); information collections (IC); or State, local, or tribal (SLT) governments. For nonsignificant regulations issued routinely and frequently as a part of an established body of technical requirements (such as the Federal Aviation Administration's Airspace Rules), to keep those requirements operationally current, we only include the general category of the regulations, the identity of a contact office or official, and an indication of the expected number of regulations; we do not list individual regulations. In the ``Timetable'' column, we use abbreviations to indicate the particular documents being considered. ANPRM stands for Advance Notice of Proposed Rulemaking, SNPRM for Supplemental Notice of Proposed Rulemaking, and NPRM for Notice of Proposed Rulemaking. Listing a future date in this column does not mean we have made a decision to issue a document; it is the earliest date on which a rulemaking document may publish. In addition, these dates are based on current schedules. Information received after the issuance of this Agenda could result in a decision not to take regulatory action or in changes to proposed publication dates. For example, the need for further evaluation could result in a later publication date; evidence of a greater need for the regulation could result in an earlier publication date. Finally, a dot () preceding an entry indicates that the entry appears in the Agenda for the first time. Request for Comments General Our agenda is intended primarily for the use of the public. Since its inception, we have made modifications and refinements that we believe provide the public with more helpful information, as well as making the Agenda easier to use. We would like you, the public, to make suggestions or comments on how the Agenda could be further improved. Reviews We also seek your suggestions on which of our existing regulations you believe need to be reviewed to determine whether they should be revised or revoked. We particularly draw your attention to the Department's review plan in appendix D. In response to Executive Order 13563 ``Retrospective Review and Analysis of Existing Rules,'' in 2011 we prepared a retrospective review plan providing more detail on the process we use to conduct reviews of existing rules, including changes in response to Executive Order 13563. Any updates related to our retrospective plan and review results can be found at http://www.dot.gov/regulations. Regulatory Flexibility Act The Department is especially interested in obtaining information on requirements that have a ``significant economic impact on a substantial number of small entities'' and, therefore, must be reviewed under the Regulatory Flexibility Act. If you have any suggested regulations, please submit them to us, along with your explanation of why they should be reviewed. In accordance with the Regulatory Flexibility Act, comments are specifically invited on regulations that we have targeted for review under section 610 of the Act. The phrase (sec. 610 Review) appears at the end of the title for these reviews. Please see appendix D for the Department's section 610 review plans. Consultation With State, Local, and Tribal Governments Executive Orders 13132 and 13175 require us to develop an accountable process to ensure ``meaningful and timely input'' by State, local, and tribal officials in the development of regulatory policies that have federalism or tribal implications. These policies are defined in the Executive orders to include regulations that have ``substantial direct effects'' on States or Indian tribes, on the relationship between the Federal Government and them, or on the distribution of power and responsibilities between the Federal Government and various levels of Government or Indian tribes. Therefore, we encourage State and local Governments or Indian tribes to provide us with information about how the Department's rulemakings impact them. Purpose The Department is publishing this regulatory Agenda in the Federal Register to share with interested members of the public the Department's preliminary expectations regarding its future regulatory actions. This should enable the public to be more aware of the Department's regulatory activity and should result in more effective public participation. This publication in the Federal Register does not impose any binding obligation on the Department or any of the offices within the Department with regard to any specific item on the Agenda. Regulatory action, in addition to the items listed, is not precluded. Dated: October 19, 2016. Anthony R. Foxx, Secretary of Transportation. Appendix A--Instructions for Obtaining Copies of Regulatory Documents To obtain a copy of a specific regulatory document in the Agenda, you should communicate directly with the contact person listed with the regulation at the address below. We note that most, if not all, such documents, including the Semiannual Regulatory Agenda, are available through the Internet at http://www.regulations.gov. See appendix C for more information. (Name of contact person), (Name of the DOT agency), 1200 New Jersey Avenue SE., Washington, DC 20590. (For the Federal Aviation Administration, substitute the following address: Office of Rulemaking, ARM-1, 800 Independence Avenue SW., Washington, DC 20591). Appendix B--General Rulemaking Contact Persons The following is a list of persons who can be contacted within the Department for general information concerning the rulemaking process within the various operating administrations. FAA--Lirio Liu, Director, Office of Rulemaking, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-7833. FHWA--Jennifer Outhouse, Office of Chief Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-0761. FMCSA--Steven J. LaFreniere, Regulatory Ombudsman, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-0596. NHTSA--Steve Wood, Office of Chief Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-2992. [[Page 94786]] FRA--Kathryn Gresham, Office of Chief Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 493-6063. FTA--Chaya Koffman, Office of Chief Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-3101. SLSDC--Carrie Mann Lavigne, Chief Counsel, 180 Andrews Street, Massena, NY 13662; telephone (315) 764-3200. PHMSA--Stephen Gordon, Office of Chief Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-1101. MARAD--Mitch Hudson, Office of Chief Counsel, Maritime Administration, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366- 9373. OST--Jonathan Moss, Assistant General Counsel for Regulation, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-4723. Appendix C--Public Rulemaking Dockets All comments via the Internet are submitted through the Federal Docket Management System (FDMS) at the following address: http://www.regulations.gov. The FDMS allows the public to search, view, download, and comment on all Federal agency rulemaking documents in one central online system. The above referenced Internet address also allows the public to sign up to receive notification when certain documents are placed in the dockets. The public also may review regulatory dockets at or deliver comments on proposed rulemakings to the Dockets Office at 1200 New Jersey Avenue SE., Room W12-140, Washington, DC 20590, 1-800-647-5527. Working Hours: 9:00 a.m. to 5:00 p.m. Appendix D--Review Plans for Section 610 and Other Requirements Part I--The Plan General The Department of Transportation has long recognized the importance of regularly reviewing its existing regulations to determine whether they need to be revised or revoked. Our Regulatory Policies and Procedures require such reviews. We also have responsibilities under Executive Order 12866, ``Regulatory Planning and Review,'' and section 610 of the Regulatory Flexibility Act to conduct such reviews. This includes the use of plain language techniques in new rules and considering its use in existing rules when we have the opportunity and resources to permit its use. We are committed to continuing our reviews of existing rules and, if it is needed, will initiate rulemaking actions based on these reviews. In accordance with Executive Order 13563, ``Improving Regulation and Regulatory Review,'' issued by the President on January 18, 2011, the Department has added other elements to its review plan. The Department has decided to improve its plan by adding special oversight processes within the Department, encouraging effective and timely reviews, including providing additional guidance on particular problems that warrant review, and expanding opportunities for public participation. These new actions are in addition to the other steps described in this appendix. Section 610 Review Plan Section 610 requires that we conduct reviews of rules that: (1) Have been published within the last 10 years, and (2) have a ``significant economic impact on a substantial number of small entities'' (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. The Office of the Secretary and each of the Department's Operating Administrations have a 10-year review plan. These reviews comply with section 610 of the Regulatory Flexibility Act. Changes to the Review Plan Some reviews may be conducted earlier than scheduled. For example, to the extent resources permit, the plain language reviews will be conducted more quickly. Other events, such as accidents, may result in the need to conduct earlier reviews of some rules. Other factors may also result in the need to make changes; for example, we may make changes in response to public comment on this plan or in response to a presidentially mandated review. If there is any change to the review plan, we will note the change in the following Agenda. For any section 610 review, we will provide the required notice prior to the review. Part II--The Review Process The Analysis Generally, the agencies have divided their rules into 10 different groups and plan to analyze one group each year. For purposes of these reviews, a year will coincide with the fall-to-fall schedule for publication of the Agenda. Thus, Year 1 (2008) begins in the fall of 2008 and ends in the fall of 2009; Year 2 (2009) begins in the fall of 2009 and ends in the fall of 2010, 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 should be submitted to the regulatory contacts listed in appendix B, General Rulemaking Contact Persons. Section 610 Review The agency will analyze each of the rules in a given year's group to determine whether any rule has a SEIOSNOSE and, thus, requires review in accordance with section 610 of the Regulatory Flexibility Act. The level of analysis will, of course, depend on the nature of the rule and its applicability. Publication of agencies' section 610 analyses listed each fall in this Agenda provides the public with notice and an opportunity to comment consistent with the requirements of the Regulatory Flexibility Act. We request that public comments be submitted to us early in the analysis year concerning the small entity impact of the rules to help us in making our determinations. In each fall Agenda, the agency will publish the results of the analyses it has completed during the previous year. For rules that had a negative finding on 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 announce that we will be conducting a formal section 610 review during the following 12 months. At this stage, we will add an entry to the Agenda in the prerulemaking section describing the review in more detail. We also will seek public comment on how best to lessen the impact of these rules and provide a name or docket to which public comments can be submitted. In some cases, the section 610 review may be part of another unrelated review of the rule. In such a case, we plan to clearly indicate which parts of the review are being conducted under section 610. Other Reviews The agency will also examine the specified rules to determine whether any other reasons exist for revising or revoking the rule or for rewriting the rule in plain language. In each fall Agenda, the agency will also publish information on the results of the examinations completed during the previous year. [[Page 94787]] Part III--List of Pending Section 610 Reviews The Agenda identifies the pending DOT section 610 Reviews by inserting ``(Section 610 Review)'' after the title for the specific entry. For further information on the pending reviews, see the Agenda entries at www.reginfo.gov. For example, to obtain a list of all entries that are in section 610 Reviews under the Regulatory Flexibility Act, a user would select the desired responses on the search screen (by selecting ``advanced search'') and, in effect, generate the desired ``index'' of reviews. Office of the Secretary Section 610 and Other Reviews ------------------------------------------------------------------------ Regulations to Year be reviewed Analysis year Review year ------------------------------------------------------------------------ 1..................... 49 CFR parts 91 2008 2009 through 99 and 14 CFR parts 200 through 212. 2..................... 48 CFR parts 2009 2010 1201 through 1253 and new parts and subparts. 3..................... 14 CFR parts 213 2010 2011 through 232. 4..................... 14 CFR parts 234 2011 2012 through 254. 5..................... 14 CFR parts 255 2012 2013 through 298 and 49 CFR part 40. 6..................... 14 CFR parts 300 2013 2014 through 373. 7..................... 14 CFR parts 374 2014 2015 through 398. 8..................... 14 CFR part 399 2015 2016 and 49 CFR parts 1 through 11. 9..................... 49 CFR parts 17 2016 2017 through 28. 10.................... 49 CFR parts 29 2017 2018 through 39 and parts 41 through 89. ------------------------------------------------------------------------ Year 9 (2016) List of Rules That Will Be Analyzed During the Next Year 49 CFR part 17--Intergovernmental review of Department of Transportation programs and activities 49 CFR part 20--New restrictions on lobbying 49 CFR part 21--Nondiscrimination In Federally-Assisted Programs of the Department of Transportation--Effectuation of Title VI of the Civil Rights Act Of 1964 49 CFR part 22--Short-Term Lending Program (STLP) 49 CFR part 23--Participation of Disadvantaged Business Enterprise in Airport Concessions 49 CFR part 24--Uniform Relocation Assistance And Real Property Acquisition For Federal And Federally-Assisted Programs 49 CFR part 25--Nondiscrimination On The Basis Of Sex in Education Programs or Activities Receiving Federal Financial Assistance 49 CFR part 26--Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs 49 CFR part 27--Nondiscrimination On The Basis Of Disability in Programs or Activities Receiving Federal Financial Assistance 49 CFR part 28--Enforcement of Nondiscrimination On The Basis Of Handicap in Programs or Activities Conducted by the Department of Transportation Year 8 (2015) List of Rules With Ongoing Analysis 14 CFR part 399--Fees and Charges for Special Services 49 CFR part 1--Organization and Delegation of Power and Duties 49 CFR part 3--Official Seal 49 CFR part 5--Rulemaking Procedures 49 CFR part 6--Implementation of Equal Access to Justice Act in Agency Proceedings 49 CFR part--Public Availability of Information 49 CFR part 8--Classified Information: Classification/Declassification/ Access 49 CFR part 9--Testimony of Employees of the Department and Production of Records in Legal Proceedings 49 CFR part 10--Maintenance of and Access to Records Pertaining to Individuals 49 CFR part 11--Protection of Human Subjects Year 7 (2014) List of Rules With Ongoing Analysis 14 CFR part 374--Implementation of the Consumer Credit Protection Act with Respect to Air Carriers and Foreign Air Carriers 14 CFR part 374a--Extension of Credit by Airlines to Federal Political Candidates 14 CFR part 375--Navigation of Foreign Civil Aircraft within the United States 14 CFR part 377--Continuance of Expired Authorizations by Operation of Law Pending Final Determination of Applications for Renewal Thereof 14 CFR part 380--Public Charters 14 CFR part 381--Special Event Tours 14 CFR part 382--Nondiscrimination On The Basis Of Disability in Air Travel 14 CFR part 383--Civil Penalties 14 CFR part 385--Staff Assignments and Review of Action under Assignments 14 CFR part 389--Fees and Charges for Special Services 14 CFR part 398--Guidelines for Individual Determinations of Basic Essential Air Service Year 6 (2013) List of Rules With Ongoing Analysis 14 CFR part 300--Rules of Conduct in DOT Proceedings Under This Chapter 14 CFR part 302--Rules of Practice in Proceedings 14 CFR part 303--Review of Air Carrier Agreements 14 CFR part 305--Rules of Practice in Informal Nonpublic Investigations 14 CFR part 313--Implementation of the Energy Policy and Conservation Act 14 CFR part 323--Terminations, Suspensions, and Reductions of Service 14 CFR part 325--Essential Air Service Procedures 14 CFR part 330--Procedures For Compensation of Air Carriers 14 CFR part 372--Overseas Military Personnel Charters Year 5 (Fall 2012) List of Rules With Ongoing Analysis 14 CFR part 255--Airline Computer Reservations Systems 14 CFR part 256--[Reserved] 14 CFR part 271--Guidelines for Subsidizing Air Carriers Providing Essential Air Transportation 14 CFR part 272--Essential Air Service to the Freely Associated States 14 CFR part 291--Cargo Operations in Interstate Air Transportation 14 CFR part 292--International Cargo Transportation 14 CFR part 293--International Passenger Transportation 14 CFR part 294--Canadian Charter Air Taxi Operators 14 CFR part 296--Indirect Air Transportation of Property 14 CFR part 297--Foreign Air Freight Forwarders and Foreign Cooperative Shippers Associations 14 CFR part 298--Exemptions for Air Taxi and Commuter Air Carrier Operations Year 4 (Fall 2011) List of Rules With Ongoing Analysis 14 CFR part 240--Inspection of Accounts and Property [[Page 94788]] 14 CFR part 241--Uniform System of Accounts and Reports for Large Certificated Air Carriers 14 CFR part 243--Passenger Manifest Information 14 CFR part 247--Direct Airport-to-Airport Mileage Records 14 CFR part 248--Submission of Audit Reports 14 CFR part 249--Preservation of Air Carrier Records Year 3 (Fall 2010) List of Rules With Ongoing Analysis 14 CFR part 213--Terms, Conditions, and Limitations of Foreign Air Carrier Permits 14 CFR part 214--Terms, Conditions, and Limitations of Foreign Air Carrier Permits Authorizing Charter Transportation Only 14 CFR part 215--Use and Change of Names of Air Carriers, Foreign Air Carriers, and Commuter Air Carriers 14 CFR part 216--Commingling of Blind Sector Traffic by Foreign Air Carriers 14 CFR part 217--Reporting Traffic Statistics by Foreign Air Carriers in Civilian Scheduled, Charter, and Nonscheduled Services 14 CFR part 218--Lease by Foreign Air Carrier or Other Foreign Person of Aircraft With Crew 14 CFR part 221--Tariffs 14 CFR part 222--Intermodal Cargo Services by Foreign Air Carriers 14 CFR part 223--Free and Reduced-Rate Transportation 14 CFR part 232--Transportation of Mail, Review of Orders of Postmaster General 14 CFR part 234--Airline Service Quality Performance Reports Year 1 (Fall 2008) List of Rules With Ongoing Analysis 49 CFR part 91--International Air Transportation Fair Competitive Practices 49 CFR part 92--Recovering Debts to the United States by Salary Offset 49 CFR part 98--Enforcement of Restrictions on Post-Employment Activities 49 CFR part 99--Employee Responsibilities and Conduct 14 CFR part 200--Definitions and Instructions 14 CFR part 201--Air Carrier Authority Under Subtitle VII of Title 49 of the United States Code [Amended] 14 CFR part 203--Waiver of Warsaw Convention Liability Limits and Defenses 14 CFR part 204--Data To Support Fitness Determinations 14 CFR part 205--Aircraft Accident Liability Insurance 14 CFR part 206--Certificates of Public Convenience and Necessity: Special Authorizations and Exemptions 14 CFR part 207--Charter Trips by U.S. Scheduled Air Carriers 14 CFR part 208--Charter Trips by U.S. Charter Air Carriers 14 CFR part 211--Applications for Permits to Foreign Air Carriers 14 CFR part 212--Charter Rules for U.S. and Foreign Direct Air Carriers Federal Aviation Administration Section 610 Review Plan The Federal Aviation Administration (FAA) has elected to use the two-step, two-year process used by most Department of Transportation (DOT) modes in past plans. As such, the FAA has divided its rules into 10 groups as displayed in the table below. During the first year (the ``analysis year''), all rules published during the previous 10 years within a 10% block of the regulations will be analyzed to identify those with a significant economic impact on a substantial number of small entities (SEISNOSE). During the second year (the ``review year''), each rule identified in the analysis year as having a SEISNOSE will be reviewed in accordance with Section 610 (b) to determine if it should be continued without change or changed to minimize impact on small entities. Results of those reviews will be published in the DOT Semiannual Regulatory Agenda. ------------------------------------------------------------------------ Regulations to Year be reviewed Analysis year Review year ------------------------------------------------------------------------ 1..................... 14 CFR parts 119 2008 2009 through 129 and parts 150 through 156. 2..................... 14 CFR parts 133 2009 2010 through 139 and parts 157 through 169. 3..................... 14 CFR parts 141 2010 2011 through 147 and parts 170 through 187. 4..................... 14 CFR parts 189 2011 2012 through 198 and parts 1 through 16. 5..................... 14 CFR parts 17 2012 2013 through 33. 6..................... 14 CFR parts 34 2013 2014 through 39 and parts 400 through 405. 7..................... 14 CFR parts 43 2014 2015 through 49 and parts 406 through 415. 8..................... 14 CFR parts 60 2015 2016 through 77. 9..................... 14 CFR parts 91 2016 2017 through 105. 10.................... 14 CFR parts 417 2017 2018 through 460. ------------------------------------------------------------------------ Background on the Regulatory Flexibility Act The Regulatory Flexibility Act of 1980 as amended (RFA), (Sec. Sec. 601 through 612 of Title 5, United States Code (5 U.S.C.)) requires Federal regulatory agencies to analyze all proposed and final rules to determine their economic impact on small entities, which includes small businesses, small organizations, and small governmental jurisdictions. The primary purpose of the RFA is to establish as a principle of regulatory issuance that Federal agencies endeavor, consistent with the objectives of the rule and applicable statutes, to fit regulatory and informational requirements to the scale of entities subject to the regulation. The FAA performed the required RFA analyses of each final rulemaking action and amendment it has initiated since enactment of the RFA in 1980. Section 610 of 5 U.S.C. requires government agencies to periodically review all regulations that will have a SEISNOSE. The FAA must analyze each rule within 10 years of its publication date. Defining SEISNOSE The RFA does not define ``significant economic impact.'' Therefore, there is no clear rule or number to determine when a significant economic impact occurs. However, the Small Business Administration (SBA) states that significance should be determined by considering the size of the business, the size of the competitor's business, and the impact the same regulation has on larger competitors. Likewise, the RFA does not define ``substantial number.'' However, the legislative history of the RFA suggests that a substantial number must be at least one but does not need to be an overwhelming percentage such as more than half. The SBA states that the substantiality of the number of small businesses affected should be determined on an industry-specific basis. This analysis consisted of the following three steps: [[Page 94789]] Review of the number of small entities affected by the amendments to parts 91 through 105. Identification and analysis of all amendments to parts 91 through 105 since 2006 to determine whether any still have or now have a SEISNOSE. Review of the FAA Office of Aviation Policy, and Plans regulatory flexibility assessment of each amendment performed as required by the RFA. Year 10 (2017) List of Rules To Be Analyzed During the Next Year 14 CFR Part 417--Launch Safety 14 CFR Part 420--License to Operate a Launch Site 14 CFR Part 431--Launch and Reentry of a Reusable Launch Vehicle (RLV) 14 CFR Part 433--License to Operate a Reentry Site 14 CFR Part 43--Reentry of a Reentry Vehicle Other Than a Reusable Launch Vehicle (RLV) 14 CFR Part 437--Experimental Permits 14 CFR Part 440--Financial Responsibility 14 CFR Part 460--Human Space Flight Requirements Year 9 (2016) List of Rules Analyzed and Summary of Results 14 CFR Part 9--General Operating and Flight Rules Section 610: The agency conducted a Section 610 review of this part and found Amendment 91-314, 75 FR 30193, May 28, 2010; Amendment 91-314, 75 FR 30193, May 28, 2010; and Amendment 91-330, 79 FR 9972, Feb. 21, 2014 trigger SEISNOSE within the meaning of the RFA. General: No changes are needed. The FAA has considered a number of alternatives in attempts to lower compliance costs for small entities, but could not go forward with the lower cost alternatives without compromising the safety for the industry. 14 CFR Part 93--Special Air Traffic Rules Section 610: The agency conducted a Section 610 review of this part and found no SEISNOSE. General: No changes are needed. These regulations are cost effective and impose the least burden. 14 CFR Part 95--IFR Altitudes Section 610: The agency conducted a Section 610 review of this part and found there were no amendments since 2016. Therefore, part 99 does not trigger SEISNOSE. General: No changes are needed. 14 CFR Part 97--Standard Instrument Procedures Section 610: The agency conducted a Section 610 review of this part and found no SEISNOSE. General: No changes are needed. These regulations are cost effective and impose the least burden. 14 CFR Part 99--Security Control of Air Traffic Section 610: The agency conducted a Section 610 review of this part and found there were no amendments since 2016. Therefore, part 99 does not trigger SEISNOSE. General: No changes are needed. 14 CFR Part 101--Moored Balloons, Kites, Amateur Rockets and Unmanned Free Balloons Section 610: The agency conducted a Section 610 review of this part and found no SEISNOSE. General: No changes are needed. These regulations are cost effective and impose the least burden. 14 CFR Part 103--Ultralight Vehicles Section 610: Section 610: The agency conducted a Section 610 review of this part and found there were no amendments since 2016. Therefore, part 99 does not trigger SEISNOSE. General: No changes are needed. 14 CFR Part 105--Parachute Operations Section 610: The agency conducted a Section 610 review of this part and found no SEISNOSE. General: No changes are needed. These regulations are cost effective and impose the least burden. Federal Highway Administration Section 610 and Other Reviews ------------------------------------------------------------------------ Regulations to Year be reviewed Analysis year Review year ------------------------------------------------------------------------ 1..................... None............ 2008 2009 2..................... 23 CFR Parts 1 2009 2010 to 260. 3..................... 23 CFR Parts 420 2010 2011 to 470. 4..................... 23 CFR Part 500. 2011 2012 5..................... 23 CFR Parts 620 2012 2013 to 637. 6..................... 23 CFR Parts 645 2013 2014 to 669. 7..................... 23 CFR Parts 710 2014 2015 to 924. 8..................... 23 CFR Parts 940 2015 2016 to 973. 9..................... 23 CFR Parts 2016 2017 1200 to 1252. 10.................... New parts and 2017 2018 subparts. ------------------------------------------------------------------------ Federal-Aid Highway Program The Federal Highway Administration (FHWA) has adopted regulations in title 23 of the CFR, chapter I, related to the Federal-Aid Highway Program. These regulations implement and carry out the provisions of Federal law relating to the administration of Federal aid for highways. The primary law authorizing Federal aid for highway is chapter I of title 23 of the U.S.C. 145 of title 23, expressly provides for a federally assisted State program. For this reason, the regulations adopted by the FHWA in title 23 of the CFR primarily relate to the requirements that States must meet to receive Federal funds for 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. The FHWA solicits public comment on this preliminary conclusion. Year 8 (Fall 2015) List of Rules Analyzed and a Summary of Results 23 CFR Part 940--Intelligent Transportation System Architecture and Standards Section 610: No SEIOSNOSE. No small entities are affected General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA's plain language review of these rules indicates no need for substantial revision. [[Page 94790]] 23 CFR Part 950--Electronic Toll Collection Section 610: No SEIOSNOSE. No small entities are affected General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA's plain language review of these rules indicates no need for substantial revision. 23 FR Part 970--National Park Service Management Systems Section 610: No SEIOSNOSE. No small entities are affected General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA's plain language review of these rules indicates no need for substantial revision. 23 CFR Part 971--Forest Service Management Systems Section 610: No SEIOSNOSE. No small entities are affected General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA's plain language review of these rules indicates no need for substantial revision. 23 CFR Part 972--Fish and Wildlife Service Management Systems Section 610: No SEIOSNOSE. No small entities are affected General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA's plain language review of these rules indicates no need for substantial revision. 23 CFR Part 973--Management Systems Pertaining to the Bureau of Indian Affairs and the Indian Reservation Roads Program Section 610: No SEIOSNOSE. No small entities are affected General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA's plain language review of these rules indicates no need for substantial revision. Year 9 (Fall 2016) List of Rules That Will Be Analyzed During the Next Year 23 CFR Part 1200--Uniform Procedures for State Highway Safety Grant Programs 23 CFR Part 1208--National Minimum Drinking Age 23 CFR Part 1210--Operation of Motor Vehicles by Intoxicated Minors 23 CFR Part 1215--Use of Safety Belts--Compliance and Transfer-of- funds Procedures 23 CFR Part 1225--Operation of Motor Vehicles by Intoxicated Persons 23 CFR Part 1235--Uniform System for Parking for Persons with Disabilities 23 CFR Part 1240--Safety Incentive Grants for Use of Seat Belts-- Allocations Based on Seat Belt Use Rates Federal Motor Carrier Safety Administration Section 610 and Other Reviews ------------------------------------------------------------------------ Regulations to Year be reviewed Analysis year Review year ------------------------------------------------------------------------ 1..................... 49 CFR part 372, 2008 2009 subpart A. 2..................... 49 CFR part 386. 2009 2010 3..................... 49 CFR parts 325 2010 2011 and 390 (General). 4..................... 49 CFR parts 390 2011 2012 (Small Passenger- Carrying Vehicles), 391 to 393 and 396 to 399. 5..................... 49 CFR part 387. 2012 2013 6..................... 49 CFR parts 2013 2014 360, 365, 366, 368, 374, 377, and 378. 7..................... 49 CFR parts 2014 2015 356, 367, 369, 370, 371, 372 (subparts B and C). 8..................... 49 CFR parts 2015 2016 373, 376, and 379. 9..................... 49 CFR part 375. 2016 2017 10.................... 49 CFR part 395. 2017 2018 ------------------------------------------------------------------------ Year 7 (Fall 2014) List of Rules With Ongoing Analysis 49 CFR Part 356--Motor Carrier Routing Regulations Section 610: There is no SEIOSNOSE. FMCSA requires for- hire interstate carriers to pay a single $300 registration fee (49 CFR part 365); making the process of paying by the route obsolete. General: These regulations are cost effective and impose the least burden. The commercial routes discussed in this rule have been eclipsed by the advent of the Unified Carrier Registration (UCR) and the International Registration Plan (IRP). It is our opinion that 49 CFR part 356 is obsolete and should be removed in its entirety. 49 CFR Part 367--Standards for Registration With States Section 610: There is no SEIOSNOSE. This action is not economically significant. All costs associated with this rule are required pursuant to an explicit Congressional mandate in Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). Also, a majority of the fees under the current rule replace fees that were paid under the Single State Registration System (SSRS). Much of the revenue collected by the new fees would have been collected under SSRS from the same entities. General: These regulations are cost effective and impose the least burden. FMCSA's plain language review of these rules indicates no need for substantial revision. 49 CFR Part 369--Reports of Motor Carriers Section 610: There is no SEIOSNOSE. This rule requires the reporting of principally financial data and it impacts only a small percentage of larger motor carriers (class I and class II carriers). General: These regulations are cost effective and impose the least burden to carriers. It is our opinion that the rule is obsolete and should be removed in its entirety. However, Congressional action to modify the statute is required and has not been granted to eliminate this regulation. 49 CFR Part 370--Principles and Practices for the Investigation and Voluntary Disposition of Loss and Damage Claims and Processing Salvage Section 610: There is no SEIOSNOSE, largely due to the fact that compliance with the rule is required by contract law and prudent commercial business practices. General: These regulations are cost effective and impose the least burden. This rule offers guidance on the business approach to deal with claims made against carriers for loss or damage of property. It is our opinion that the 49 CFR part 370 is obsolete in that it serves no discernible safety function. The requirement to follow and comply with the terms of Bills of Lading contracts are already captured by other laws. 49 CFR Part 371--Brokers of Property Section 610: There is no SEIOSNOSE. The potential costs identified in the Agency's worst case analysis are minimal, and represent [[Page 94791]] costs that the vast majority of Brokers should already be incurring. General: This rule prescribes rules for brokers of property. Comments received during the rulemaking process indicate that some level of regulation is appropriate and should be retained. 49 CFR Part 372 (Subparts B and C)--Exemptions, Commercial Zones and Terminal Areas Section 610: There is no SEIOSNOSE. FMCSA requires for- hire interstate carriers to pay a single $300 registration fee (49 CFR part 365). The process addressed under 49 CFR part 372 identifies exemptions and commercial zones for which registration fees may not be required. General: These regulations are cost effective and impose the least burden. FMCSA's plain language review of these rules indicates no need for substantial revision. Year 8 (2015) List of Rules Will Ongoing Analysis 49 CFR part 373--Receipts and Bills 49 CFR part 376--Lease and Interchange of Vehicles 49 CFR part 379--Preservation of Records Year 9 (2016) List of Rules That Will Be Analyzed During the Next Year 49 CFR part 375--Transportation of household goods in interstate commerce; consumer protection regulations National Highway Traffic Safety Administration Section 610 and Other Reviews ------------------------------------------------------------------------ Regulations to Year be reviewed Analysis year Review year ------------------------------------------------------------------------ 1..................... 49 CFR parts 2008 2009 571.223 through 571.500, and parts 575 and 579. 2..................... 23 CFR parts 2009 2010 1200 through 1300. 3..................... 49 CFR parts 501 2010 2011 through 526 and 571.213. 4..................... 49 CFR parts 2011 2012 571.131, 571.217, 571.220, 571.221, and 571.222. 5..................... 49 CFR parts 2012 2013 571.101 through 571.110, and 571.135, 571.138, and 571.139. 6..................... 49 CFR parts 529 2013 2014 through 578, except parts 571 and 575. 7..................... 49 CFR parts 2014 2015 571.111 through 571.129 and parts 580 through 588. 8..................... 49 CFR parts 2015 2016 571.201 through 571.212. 9..................... 49 CFR parts 2016 2017 571.214 through 571.219, except 571.217. 10.................... 49 CFR parts 591 2017 2018 through 595 and new parts and subparts. ------------------------------------------------------------------------ Year 8 (Fall 2015) List of Rules Analyzed and a Summary of the Results 49 CFR Part 571.201--Occupant Protection in Interior Impact Section 610: There is no SEIOSNOSE. General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA's plain language review of these rules indicates no need for substantial revision. 49 CFR Part 571.202--Head Restraints; Applicable at the Manufacturers Option Until September 1, 2009 Section 610: There is no SEIOSNOSE. General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA's plain language review of these rules indicates no need for substantial revision. 49 CFR Part 571.202a--Head Restraints; Mandatory Applicability Begins on September 1, 2009 Section 610: There is no SEIOSNOSE. General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA's plain language review of these rules indicates no need for substantial revision. 49 CFR Part 571.203--Impact Protection for the Driver From the Steering Control System Section 610: There is no SEIOSNOSE. General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA's plain language review of these rules indicates no need for substantial revision. 49 CFR Part 571.204--Steering Control Rearward Displacement Section 610: There is no SEIOSNOSE. General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA's plain language review of these rules indicates no need for substantial revision. 49 CFR Part 571.205--Glazing Materials Section 610: There is no SEIOSNOSE. General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA's plain language review of these rules indicates no need for substantial revision. 49 CFR Part 571.205a--Glazing Equipment Manufactured Before September 1, 2006 and Glazing Materials Used in Vehicles Manufactured Before November 1, 2006 Section 610: There is no SEIOSNOSE. General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA's plain language review of these rules indicates no need for substantial revision. 49 CFR Part 571.206--Door Locks and Door Retention Components Section 610: There is no SEIOSNOSE. General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA's plain language review of these rules indicates no need for substantial revision. 49 CFR Part 571.207--Seating Systems Section 610: There is no SEIOSNOSE. General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA's plain language review of these rules indicates no need for substantial revision. 49 CFR Part 571.208--Occupant Crash Protection Section 610: There is no SEIOSNOSE. General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA's plain language review of these rules indicates no need for substantial revision. 49 CFR Part 571.209--Seat Belt Assemblies Section 610: There is no SEIOSNOSE. General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA's plain language review of these rules indicates no need for substantial revision. [[Page 94792]] 49 CFR Part 571.210--Seat Belt Assembly Anchorages Section 610: There is no SEIOSNOSE. General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA's plain language review of these rules indicates no need for substantial revision. 49 CFR Part 571.211--[Reserved] 49 CFR Part 571.212--Windshield Mounting Section 610: There is no SEIOSNOSE. General: No changes are needed. These regulations are cost effective and impose the least burden. NHTSA's plain language review of these rules indicates no need for substantial revision. Year 9 (Fall 2016) List of Rules That Will Be Analyzed During the Next Year 49 CFR part 571.214--Side Impact Protection 49 CFR part 571.215--[Reserved] 49 CFR part 571.216--Roof Crush Resistance; Applicable Unless a Vehicle Is Certified to 571.216a 49 CFR part 571.216a--Roof Crush Resistance; Upgraded Standard 49 CFR part 571.218--Motorcycle Helmets 49 CFR part 571.219--Windshield Zone Intrusion Federal Railroad Administration Section 610 and Other Reviews ------------------------------------------------------------------------ Regulations to Year be reviewed Analysis year Review year ------------------------------------------------------------------------ 1..................... 49 CFR parts 200 2008 2009 and 201. 2..................... 49 CFR parts 2009 2010 207, 209, 211, 215, 238, and 256. 3..................... 49 CFR parts 2010 2011 210, 212, 214, 217, and 268. 4..................... 49 CFR part 219. 2011 2012 5..................... 49 CFR parts 2012 2013 218, 221, 241, and 244. 6..................... 49 CFR parts 2013 2014 216, 228, and 229. 7..................... 49 CFR parts 223 2014 2015 and 233. 8..................... 49 CFR parts 2015 2016 224, 225, 231, and 234. 9..................... 49 CFR parts 2016 2017 222, 227, 235, 236, 250, 260, and 266. 10.................... 49 CFR parts 2017 2018 213, 220, 230, 232, 239, 240, and 265. ------------------------------------------------------------------------ Year 8 (Fall 2015) List of Rules Analyzed and a Summary of Results 49 CFR Part 22--Reflectorization of Rail Freight Rolling Stock Section 610: There is no SEIOSNOSE. General: The regulation requires freight rolling stock owners and railroads to have all freight rolling properly equipped with retroreflective material within 10 years of the effective date of the final rule for the purpose of enhancing its detectability at highway- rail crossings. Freight rolling stock owners and railroads are also required to periodically inspect and maintain that material. The rule also established a 10-year implementation schedule to help facilitate the initial application of retoreflective material to non-reflectorized freight rolling stock. Further, the regulation prescribes standards for the application, inspection, and maintenance of retroreflective material on rail freight rolling. FRA's plain language review of this rule indicates no need for revision. 49 CFR Part 225--Railroad Accidents/Incidents: Reports Classification and Investigations Section 610: There is no SEIOSNOSE. Section 225.3 specifically states that certain Internal Control Plan and recordkeeping requirements are not applicable to railroads below a certain size. FRA makes available a free software package to all railroads that would allow for FRA recordkeeping and reporting. FRA also makes available the FRA Guide for Preparing Accident/Incident Reports, and model Internal Control Plans for small railroads. General: Since the FRA needs accurate information on the hazards and risks that exist on the nation's railroads to effectively carry out its regulatory responsibilities, to determine comparative trends of railroad safety, and to develop hazard elimination and risk reduction programs that focus on preventing railroad injuries and accidents, the requirements set forth in part 225 will improve railroad safety for industry employees and general public. FRA's plain language review of this rule indicates no need for substantial revision. 49 CFR Part 231--Railroad Safety Appliances Standards Section 610: There is no SEIOSNOSE. Small railroads generally purchase rail equipment that has already been used in transportation by Class I and Class II railroads. As a result, rail equipment used by small railroads is often in compliance with Part 231 standards at the time of acquisition. In addition, small railroads are not substantially affected by rail equipment maintenance costs that are associated with Part 231 requirements because most rail equipment repairs are performed by Class I and Class II railroads and/or billed to the car owner. Although Part 231 may have some impact on small railroads, FRA has deemed any such impact to be necessary to ensure uniform and consistent equipment design requirements, which contribute to the safety of railroad employees who work on or about the rail equipment. General: The rule provides for railroad safety standards which are necessary to ensure the protection and safety of railroad employees and general public, and to minimize the number of casualties. FRA's plain language review of this rule indicates no need for substantial revision. 49 CFR Part 234--Grade Crossing Safety Section 610: There is no SEIOSNOSE. This rule does not apply to railroads that exclusively operate freight trains only on track which is not part of the general railroad system of transportation, rapid transit operations within an urban area that are not connected to the general railroad system of transportation or railroads that operates passenger trains only on track inside insular installations. Since small railroads have proportionately smaller number of grade crossing warning systems to inspect, test and maintain, therefore, smaller railroads would have a smaller burden of cost per crossing. So far as the State Highway-Rail Grade Crossing Action Plans are concerned, the requirements would apply to States--none of which is small. General: Since the rule prescribes maintenance, inspection and testing [[Page 94793]] standards for highway-rail grade crossing warning systems, standards for the reporting of failures of such systems and minimum actions railroads must take when such warning systems malfunction. These regulations are necessary to ensure the protection and safety of railroad employees and general public, and to minimize the number of casualties. FRA's plain language review of this rule indicates no need for substantial revision. Year 8 (Fall 2015) List of Rule(s) That Will Be Analyzed During Next Year 49 CFR part 222--Use of Locomotive Horns at Public Highway-Rail Grade Crossings 49 CFR part 227--Occupational Noise Exposure 49 CFR part 235--Instructions Governing Applications for Approval of a Discontinuance or Material Modification of a Signal System or Relief From the Requirements of Part 236 49 CFR part 236--Rules, Standards, and Instructions Governing the Installation, Inspection, Maintenance, and Repair of Signal and Train Control Systems, Devices, and Appliances 49 CFR part 250--Guarantee of Certificates of Trustees of Railroads in Reorganization 49 CFR part 260--Regulations Governing Loans and Loan Guarantees Under the Railroad Rehabilitation and Improvement Financing Program 49 CFR part 266--Assistance to States for Local Rail Service Under Section 5 of the Department of Transportation Act Federal Transit Administration Section 610 and Other Reviews ------------------------------------------------------------------------ Regulations to Year be reviewed Analysis year Review year ------------------------------------------------------------------------ 1..................... 49 CFR parts 2008 2009 604, 605, and 633. 2..................... 49 CFR parts 661 2009 2010 and 665. 3..................... 49 CFR part 633. 2010 2011 4..................... 49 CFR parts 609 2011 2012 and 611. 5..................... 49 CFR parts 613 2012 2013 and 614. 6..................... 49 CFR part 622. 2013 2014 7..................... 49 CFR part 630. 2014 2015 8..................... 49 CFR part 639. 2015 2016 9..................... 49 CFR parts 659 2016 2017 and 663. 10.................... 49 CFR part 665. 2017 2018 ------------------------------------------------------------------------ Year 8 (Fall 2015) List of Rules Analyzed and Summary of Results 49 CFR Part 639--Capital Leases Section 610: The agency has determined that the rule continues to not have a significant effect on a substantial number of small entities. Provisions of the recently enacted Fixing America's Surface Transportation (FAST) Act removed the requirement for a recipient to conduct a cost-effectiveness analysis before entering any lease agreement using Federal capital assistance and removed the applicability of part 639 to rolling stock procurements through capital leases. However, other provisions of part 639 continue to apply. FTA is currently revising the Grant Management Requirements Circular 5010, to provide guidance to recipients for the capital lease program. FTA has evaluated the likely effects of the proposed rule on small entities and requested public comment on proposed revisions to Circular 5010. FTA has determined that the proposed revisions and the current regulation do not have a significant economic impact on a substantial number of small entities. General: The rule was promulgated to prescribe requirements and procedures to procure capital assets through lease agreements with the use of Federal capital assistance. Recently, Congress enacted the Fixing America's Surface Transportation Act (FAST), Public Law 114-357, (2015). The statue revised the definition of capital project so that a recipient is no longer required to conduct a cost-effectiveness analysis before leasing public transportation equipment or facilities with Federal funds. In addition, the statue exempts certain rolling stock procurements from the requirements of 49 CFR part 639. FTA has proposed revisions to Circular 5010 and requested public comment on its proposal to conform its capital lease requirements to the FAST Act provisions. Although, the FAST Act has revised some requirements of this part, other provisions of the rule continue to apply. Year 9 (Fall 2016)--List of Rule(s) That Will Be Analyzed This Year 49 CFR Part 659--State Safety Oversight and 49 CFR Part 663--Pre-Award and Post-Deliver Audits of Rolling Stock Purchases Maritime Administration Section 610 and Other Reviews ------------------------------------------------------------------------ Regulations to Year be reviewed Analysis year Review year ------------------------------------------------------------------------ 1..................... 46 CFR parts 201 2008 2009 through 205. 2..................... 46 CFR parts 221 2009 2010 through 232. 3..................... 46 CFR parts 249 2010 2011 through 296. 4..................... 46 CFR parts 2011 2012 221, 298, 308, and 309. 5..................... 46 CFR parts 307 2012 2013 through 309. 6..................... 46 CFR part 310. 2013 2014 7..................... 46 CFR parts 315 2014 2015 through 340. 8..................... 46 CFR parts 345 2015 2016 through 381. 9..................... 46 CFR parts 382 2016 2017 through 389. 10.................... 46 CFR parts 390 2017 2018 through 393. ------------------------------------------------------------------------ [[Page 94794]] Year 6 (2013) List of Rules Analyzed and a Summary of Results 46 CFR Part 310--Merchant Marine Training Section 610: There is no SEIONOSE. General: Changes that are being considered require coordination between multiple offices and Maritime educational institutions. Our ongoing review has confirmed that the proposed rule will not apply to small entities. Year 7 (2014) List of Rules Analyzed and a Summary of Results 46 CFR Parts 315 through 340--Subchapter 1-A--National Shipping Authority Section 610 review: There is no SEIOSNOSE. General: The agency is preparing a technical final update which will delete obsolete references, including entire parts, and will provide new office and contact information. Our ongoing review has confirmed that this rule will not apply to small entities. Year 8 (2015) List of Rules Analyzed and a Summary of Results 46 CFR Part 356--Requirements for Vessels Over 100 Feet or Greater in Registered Length To Obtain a Fishery Endorsement to the Vessel's Documentation Section 610 review: There is no SEIOSNOSE. General: The agency is preparing a final rule which will implement statutorily required updates. Our ongoing review has confirmed that this rule will not apply to small entities. Year 7 (2014) List of Rules With Ongoing Analysis 46 CFR part 315--Agency Agreements and Appointment of Agents 46 CFR part 317--Bonding of Ship's Personnel 46 CFR part 324--Procedural Rules for Financial Transactions Under Agency Agreements 46 CFR part 325--Procedure to be Followed by General Agents in Preparation of Invoices and Payment of Compensation Pursuant to Provisions of NSA Order No. 47 46 CFR part 326--Marine Protection and Indemnity Insurance Under Agreements with Agents 46 CFR part 327--Seamen's Claims; Administrative Action and Litigation 46 CFR part 328--Slop Chests 46 CFR part 329--Voyage Data 46 CFR part 330--Launch Services 46 CFR part 332--Repatriation of Seaman 46 CFR part 335--Authority and Responsibility of General Agents to Undertake Emergency Repairs in Foreign Ports 46 CFR part 336--Authority and Responsibility of General Agents to Undertake in Continental United States Ports Voyage Repairs and Service Equipment of Vessels Operated for the Account of the National Shipping Authority Under General Agency Agreement 46 CFR part 337--General Agent's responsibility in Connection with Foreign Repair Custom's Entries 46 CFR part 338--Procedure for Accomplishment of Vessel Repairs Under National Shipping Authority Master Lump Sum Repair Contract--NSA-- Lumpsumrep 46 CFR part 339--Procedure for Accomplishment of Ship Repairs Under National Shipping Authority Individual Contract for Minor Repairs-- NSA--Worksmalrep 46 CFR part 340--Priority Use and Allocation of Shipping Services, Container and Chassis and Port Facilities and Services for National Security and National Defense Related Operations Year 8 (2015) List of Rules With Ongoing Analysis 46 CFR part 345--Restrictions Upon the Transfer or Change in Use or in Terms Governing Utilization of Port Facilities 46 CFR part 346--Federal Port Controllers 46 CFR part 370--Claims 46 CFR part 381--Cargo Preference--U.S.-Flag Vessels Year 9 (2016) List of Rules That Will Be Analyzed During the Next Year 46 CFR part 382--Determination of Fair and Reasonable Rates for the Carriage of Bulk and Packaged Preference Cargoes on U.S.-Flag Commercial Vessels 46 CFR part 385--Research and Development Grant and Cooperative Agreements Regulations 46 CFR part 386--Regulations Governing Public Buildings and Grounds at the United States Merchant Marine Academy 46 CFR part 387--Utilization and Disposal of Surplus Federal Real Property for Development or Operation of a Port Facility 46 CFR part 388--Administrative Waivers of the Coastwise Trade Laws 46 CFR part 389--Determination of Availability of Coast-Wise-Qualified Vessels for Transportation of Platform Jackets Pipeline and Hazardous Materials Safety Administration (PHMSA) Section 610 and Other Reviews ------------------------------------------------------------------------ Regulations to Year be reviewed Analysis year Review year ------------------------------------------------------------------------ 1..................... 49 CFR part 178. 2008 2009 2..................... 49 CFR parts 178 2009 2010 through 180. 3..................... 49 CFR parts 172 2010 2011 and 175. 4..................... 49 CFR part 171, 2011 2012 sections 171.15 and 171.16. 5..................... 49 CFR parts 2012 2013 106, 107, 171, 190, and 195. 6..................... 49 CFR parts 2013 2014 174, 177, 191, and 192. 7..................... 49 CFR parts 176 2014 2015 and 199. 8..................... 49 CFR parts 172 2015 2016 and 178. 9..................... 49 CFR parts 2016 2017 172, 173, 174, 176, 177, and 193. 10.................... 49 CFR parts 173 2017 2018 and 194. ------------------------------------------------------------------------ [[Page 94795]] Year 8 (Fall 2016) List of Rules Analyzed and a Summary of Results 49 CFR Part 172--Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, Training Requirements, and Security Plans Section 610: There is no SEIOSNOSE. A substantial number of small entities may be affected by this rule, but the economic impact on those entities is not significant. Plain Language: PHMSA's plain language review of this rule indicates no need for substantial revision. Where confusing or wordy language has been identified, revisions have been and will be made to simplify. General: This rule prescribes minimum requirements for the communication of risks associated with materials classed as hazardous in accordance with the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). On June 2, 2016 PHMSA published a final rule entitled ``Hazardous Materials: Miscellaneous Amendments (RRR)'' 81 FR 35483. As this final rule clarifies provisions based on PHMSA's initiatives and correspondence with the regulated community, the impact that it will have on small entities is not expected to be significant. The changes are generally intended to provide relief and, as a result, marginal positive economic benefits to shippers, carriers, and packaging manufactures and testers, including small entities. These benefits are not at a level that can be considered economically significant. Consequently, this final rule will not have a significant economic impact on a substantial number of small entities. PHMSA's plain language review of this rule indicates no need for substantial revision. 49 CFR Part 178--Specifications for Packagings Section 610: There is no SEIOSNOSE. A substantial number of small entities, particularly those that use performance oriented packagings, may be affected by this rule, but the economic impact on those entities is not significant. General: This rule prescribes minimum Federal safety standards for the construction of DOT specification packagings, these requirements are necessary to protect transportation workers and the public and to ensure the survivability of DOT specification packagings during transportation incidents. PHMSA's plain language review of this rule indicates no need for substantial revision. Year 9 (Fall 2017) List of Rules That Will Be Analyzed During the Next Year 49 CFR part 172--Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, Training Requirements, and Security Plans 49 CFR part 173--Shippers--General Requirements for Shipments and Packagings 49 CFR part 174--Carriage by Rail 49 CFR part 176--Carriage by Vessel 49 CFR part 177--Carriage by Public Highway 49 CFR part 193--Liquefied Natural Gas Faculties: Federal Safety Standards Saint Lawrence Seaway Development Corporation Section 610 and Other Reviews ------------------------------------------------------------------------ Regulations to Year be reviewed Analysis year Review year ------------------------------------------------------------------------ 1..................... 33 CFR parts 401 2008 2009 through 403. ------------------------------------------------------------------------ Year 1 (Fall 2008) List of Rules With Ongoing Analysis 33 CFR part 401--Seaway Regulations and Rules 33 CFR part 402--Tariff of Tolls 33 CFR part 403--Rules of Procedure of the Joint Tolls Review Board Office of the Secretary--Final Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 355....................... \+\ Enhancing Airline 2105-AE11 Passenger Protections III. ------------------------------------------------------------------------ \+\ DOT-designated significant regulation Federal Aviation Administration--Prerule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 356....................... \+\ Applying the Flight, 2120-AK26 Duty, and Rest Rules of 14 CFR Part 135 to Tail- End Ferry Operations (FAA Reauthorization. ------------------------------------------------------------------------ \+\ DOT-designated significant regulation Federal Aviation Administration--Proposed Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 357....................... \+\ Airport Safety 2120-AJ38 Management System (Reg Plan Seq No. 88). 358....................... \+\ Drug and Alcohol 2120-AK09 Testing of Certain Maintenance Provider Employees Located Outside of the United States. 359....................... \+\ Applying the Flight, 2120-AK22 Duty, and Rest Requirements to Ferry Flights That Follow Domestic, Flag, or Supplemental All-Cargo Operations (Reauthorization). 360....................... \+\ Pilot Records Database 2120-AK31 (HR 5900). [[Page 94796]] 361....................... \+\ Aircraft Registration 2120-AK37 and Airmen Certification Fees. 362....................... Qualification, Service, 2120-AK95 and Use of Crewmembers and Aircraft Dispatchers-- Related Aircraft Amendment. ------------------------------------------------------------------------ \+\ DOT-designated significant regulation References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. Federal Aviation Administration--Final Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 363....................... \+\ Revision of 2120-AK65 Airworthiness Standards for Normal, Utility, Acrobatic, and Commuter Category Airplanes (RRR) (Reg Plan Seq No. 90). ------------------------------------------------------------------------ \+\ DOT-designated significant regulation References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. Federal Aviation Administration--Completed Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 364....................... \+\ Operation and 2120-AJ60 Certification of Small Unmanned Aircraft Systems. 365....................... Changing the Collective 2120-AK06 Risk Limits for Launches and Reentries and Clarifying the Risk Limit Used to Establish Hazard Areas for Ships and Aircraft. 366....................... Reciprocal Waivers of 2120-AK44 Claims for Licensed or Permitted Launch and Reentry Activities (RRR). 367....................... \+\ Prohibition Against 2120-AK92 Certain Flights in the Simferopol (UKFV) and Dnipropetrovsk (UKDV) Flight Information Regions (FIRs) (Section 610 Review). ------------------------------------------------------------------------ \+\ DOT-designated significant regulation Federal Motor Carrier Safety Administration--Final Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 368....................... \+\ Commercial Driver's 2126-AB18 License Drug and Alcohol Clearinghouse (MAP-21). 369....................... \+\ Entry-Level Driver 2126-AB66 Training (Section 610 Review) (Reg Plan Seq No. 93). ------------------------------------------------------------------------ \+\ DOT-designated significant regulation References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. Federal Motor Carrier Safety Administration--Long-Term Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 370....................... \+\ Carrier Safety Fitness 2126-AB11 Determination. ------------------------------------------------------------------------ \+\ DOT-designated significant regulation Federal Motor Carrier Safety Administration--Completed Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 371....................... Parts and Accessories 2126-AB94 Necessary for Safe Operation; Windshield- Mounted Technologies, Final Rule (Section 610 Review). ------------------------------------------------------------------------ Federal Railroad Administration--Proposed Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 372....................... \+\ Passenger Equipment 2130-AC46 Safety Standards Amendments (RRR). ------------------------------------------------------------------------ \+\ DOT-designated significant regulation [[Page 94797]] Federal Railroad Administration--Final Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 373....................... \+\ Train Crew Staffing 2130-AC48 and Location. ------------------------------------------------------------------------ \+\ DOT-designated significant regulation Federal Transit Administration--Completed Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 374....................... \+\ Transit Asset 2132-AB07 Management. ------------------------------------------------------------------------ \+\ DOT-designated significant regulation Pipeline and Hazardous Materials Safety Administration--Proposed Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 375....................... \+\ Pipeline Safety: 2137-AF06 Amendments to Parts 192 and 195 to Require Valve Installation and Minimum Rupture Detection Standards. 376....................... \+\ Hazardous Materials: 2137-AF28 Sampling and Testing Requirements for Unrefined Petroleum Products. ------------------------------------------------------------------------ \+\ DOT-designated significant regulation Pipeline and Hazardous Materials Safety Administration--Final Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 377....................... +Pipeline Safety: Safety 2137-AE66 of Hazardous Liquid Pipelines (Reg Plan Seq No. 99). 378....................... Pipeline Safety: Issues 2137-AE93 Related to the Use of Plastic Pipe in Gas Pipeline Industry (RRR). 379....................... Pipeline Safety: Operator 2137-AE94 Qualification, Cost Recovery, Accident and Incident Notification, and Other Changes (RRR). 380....................... \+\ Hazardous Materials: 2137-AF08 Oil Spill Response Plans and Information Sharing for High-Hazard Flammable Trains (Reg Plan Seq No. 100). ------------------------------------------------------------------------ \+\ DOT-designated significant regulation References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. Maritime Administration--Long-Term Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 381....................... \+\ Cargo Preference...... 2133-AB74 ------------------------------------------------------------------------ \+\ DOT-designated significant regulation DEPARTMENT OF TRANSPORTATION (DOT) Office of the Secretary (OST) Final Rule Stage 355. +Enhancing Airline Passenger Protections III Legal Authority: 49 U.S.C. 41712; 49 U.S.C. 40101; 49 U.S.C. 41702 Abstract: The rulemaking previously titled ``Airline Pricing Transparency and Other Consumer Protection Issues'' has been separated into three proceedings. This final rule would address the following topics from the notice of proposed rulemaking issued on May 23, 2014: The scope of carriers required to report service quality data, reporting of mainline carriers' domestic code-share partner operations; the statutory requirement that carriers and ticket agents disclose any code-share arrangements on their Web sites; undisclosed biasing by carriers and ticket agents in electronic displays of flight search results; and disclosure by ticket agents of the carriers whose tickets they sell in order to avoid having consumers mistakenly believe they are searching all possible flight options for a particular city-pair market when in fact there may be other options available. Additionally, the rulemaking would correct drafting errors and make a few clarifying changes to the Department's second Enhancing Airline Passenger Protections rule. Two other proceedings will address other provisions identified in the 2014 NPRM. See RIN 2105-AE56, Transparency of Airline Ancillary Service Fees; and RIN 2105-AE57, Enhancing Airline Passenger Protections IV. These rulemakings address unrelated matters and were separated into three proceedings to avoid the risk of any delay in finalizing one issue resulting in a delay in finalizing other issues. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 05/23/14 79 FR 29970 Final Rule.......................... 11/00/16 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Blane A. Workie, Principal Deputy Assistant General Counsel, Department of Transportation, Office of the Secretary, 1200 New Jersey [[Page 94798]] Avenue SE., Washington, DC 20590, Phone: 202 366-9342, TDD Phone: 202 755-7687, Fax: 202 366-7152, Email: [email protected]. RIN: 2105-AE11 BILLING CODE 4910-9X-P DEPARTMENT OF TRANSPORTATION (DOT) Federal Aviation Administration (FAA) Prerule Stage 356. +Applying the Flight, Duty, and Rest Rules of 14 CFR Part 135 to Tail-End Ferry Operations (FAA Reauthorization) Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 1153; 49 U.S.C. 40101 to 40103; 49 U.S.C. 40113; 49 U.S.C. 41706; 49 U.S.C. 44105 to 44106; 49 U.S.C. 44111; 49 U.S.C. 44701 to 44717; 49 U.S.C. 44722; 49 U.S.C. 44901; 49 U.S.C. 44903 to 44904; 49 U.S.C. 44906; 49 U.S.C. 44912; 49 U.S.C. 44914; 49 U.S.C. 44936; 49 U.S.C. 44938; 49 U.S.C. 45101 to 45105; 49 U.S.C. 46103 Abstract: This rulemaking would require a flightcrew member who is employed by an air carrier conducting operations under part 135, and who accepts an additional assignment for flying under part 91 from the air carrier or from any other air carrier conducting operations under part 121 or 135, to apply the period of the additional assignment toward any limitation applicable to the flightcrew member relating to duty periods or flight times under part 135. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ ANPRM............................... 03/00/17 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Dale Roberts, Department of Transportation, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591, Phone: 202 267-5749, Email: [email protected]. RIN: 2120-AK26 DEPARTMENT OF TRANSPORTATION (DOT) Federal Aviation Administration (FAA) Proposed Rule Stage 357. +Airport Safety Management System Regulatory Plan: This entry is Seq. No. 88 in part II of this issue of the Federal Register. RIN: 2120-AJ38 358. +Drug and Alcohol Testing of Certain Maintenance Provider Employees Located Outside of the United States Legal Authority: 14 CFR; 49 U.S.C. 106(g); 49 U.S.C. 40113; 49 U.S.C. 44701 to 44702; 49 U.S.C. 44707; 49 U.S.C. 44709; 49 U.S.C. 44717 Abstract: This rulemaking is required by the FAA Modernization and Reform 2012. It would require controlled substance testing of some employees working in repair stations located outside the United States. The intended effect is to increase participation by companies outside of the United States in testing of employees who perform safety critical functions and testing standards similar to those used in the repair stations located in the United States. This action is necessary to increase the level of safety of the flying public. This rulemaking is required by the FAA Modernization and Reform Act of 2012. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ ANPRM............................... 03/17/14 79 FR 14621 Comment Period Extended............. 05/01/14 79 FR 24631 ANPRM Comment Period End............ 05/16/14 ....................... Comment Period End.................. 07/17/14 ....................... NPRM................................ 05/00/17 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Vicky Dunne, Department of Transportation, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591, Phone: 202 267-8522, Email: [email protected]. RIN: 2120-AK09 359. +Applying the Flight, Duty, and Rest Requirements to Ferry Flights That Follow Domestic, Flag, or Supplemental All-Cargo Operations (Reauthorization) Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 40113; 49 U.S.C. 40119; 49 U.S.C. 41706; 49 U.S.C. 44101; 49 U.S.C. 44701 to 44702; 49 U.S.C. 44705; 49 U.S.C. 44709 to 44711; 49 U.S.C. 44713; 49 U.S.C. 44716 to 44717 Abstract: This rulemaking would require a flightcrew member who accepts an additional assignment for flying under part 91 from the air carrier or from any other air carrier conducting operations under part 121 or 135 of such title, to apply the period of the additional assignment toward any limitation applicable to the flightcrew member relating to duty periods or flight times. This rule is necessary as it will make part 121 flight, duty, and rest limits applicable to tail-end ferries that follow an all-cargo flight. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 05/00/17 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Dale Roberts, Department of Transportation, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591, Phone: 202 267-5749, Email: [email protected]. RIN: 2120-AK22 360. +Pilot Records Database (HR 5900) Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 1155; 49 U.S.C. 40103; 49 U.S.C. 40113; 49 U.S.C. 40119 to 40120; 49 U.S.C. 41706; 49 U.S.C. 44101; 49 U.S.C. 44111; 49 U.S.C. 44701 to 44705; 49 U.S.C. 44709 to 44713; 49 U.S.C. 44715 to 44717; 49 U.S.C. 44722; 49 U.S.C. 45101 to 45105; 49 U.S.C. 46105; 49 U.S.C. 46306; 49 U.S.C. 46315 to 46316; 49 U.S.C. 46504; 49 U.S.C. 46507; 49 U.S.C. 47122; 49 U.S.C. 47508; 49 U.S.C. 47528 to 47531 Abstract: This rulemaking would implement a Pilot Records Database as required by Public Law 111-216 (Aug. 1, 2010). Section 203 amends the Pilot Records Improvement Act by requiring the FAA to create a pilot records database that contains various types of pilot records. These records would be provided by the FAA, air carriers, and other persons who employ pilots. The FAA must maintain these records until it receives notice that a pilot is deceased. Air carriers would use this database to perform a record check on a pilot prior to making a hiring decision. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 03/00/17 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Bradley Palmer, Department of Transportation, Federal [[Page 94799]] Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591, Phone: 202 267-7739, Email: [email protected]. RIN: 2120-AK31 361. +Aircraft Registration and Airmen Certification Fees Legal Authority: 31 U.S.C. 9701; 4 U.S.T. 1830; 49 U.S.C. 106(f); 49 U.S.C. 106(g); 49 U.S.C. 106(l)(6); 49 U.S.C. 40104 to 40105; 49 U.S.C. 40109; 49 U.S.C. 40113 to 40114; 49 U.S.C. 44101 to 44108; 49 U.S.C. 44110 to 44113; 49 U.S.C. 44701 to 44704; 49 U.S.C. 44707; 49 U.S.C. 44709 to 44711; 49 U.S.C. 44713; 49 U.S.C. 45102 to 45103; 49 U.S.C. 45301 to 45302; 49 U.S.C. 45305; 49 U.S.C. 46104; 49 U.S.C. 46301; Pub. L. 108-297, 118 Stat. 1095 Abstract: This rulemaking would establish fees for airman certificates, medical certificates, and provision of legal opinions pertaining to aircraft registration or recordation. This rulemaking also would revise existing fees for aircraft registration, recording of security interests in aircraft or aircraft parts, and replacement of an airman certificate. This rulemaking addresses provisions of the FAA Modernization and Reform Act of 2012. This rulemaking is intended to recover the estimated costs of the various services and activities for which fees would be established or revised. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 04/00/17 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Mary Lu, Department of Transportation, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591, Phone: 202 267-7965, Email: [email protected]. RIN: 2120-AK37 362. Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers--Related Aircraft Amendment Legal Authority: 49 U.S.C. 106(f); 49 U.S.C. 106(g); 49 U.S.C. 40103; 49 U.S.C. 40113; 49 U.S.C. 40119; 49 U.S.C. 41706; 49 U.S.C. 42301 Abstract: This rulemaking would allow air carriers to seek a deviation from the flight simulation training device (FSTD) requirements for related aircraft proficiency checks. In doing so, it corrects an inadvertent omission from the Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers final rule that allowed air carriers to modify training program requirements for flightcrew members operating multiple aircraft types with similar design and flight handling characteristics. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 12/00/16 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Sheri Pippin, Department of Transportation, Federal Aviation Administration, 15000 Aviation Boulevard, Lawndale, CA 90261, Phone: 310 725-7342, Email: [email protected]. RIN: 2120-AK95 DEPARTMENT OF TRANSPORTATION (DOT) Federal Aviation Administration (FAA) Final Rule Stage 363. +Revision of Airworthiness Standards for Normal, Utility, Acrobatic, and Commuter Category Airplanes (RRR) Regulatory Plan: This entry is Seq. No. 90 in part II of this issue of the Federal Register. RIN: 2120-AK65 DEPARTMENT OF TRANSPORTATION (DOT) Federal Aviation Administration (FAA) Completed Actions 364. +Operation and Certification of Small Unmanned Aircraft Systems Legal Authority: 49 U.S.C. 44701; Pub. L. 112-95 Abstract: This rulemaking would allow the commercial operation of small unmanned aircraft systems (small UAS) in the National Airspace System (NAS). These changes would address the operation of small unmanned aircraft systems, certification of their operators, registration of the small unmanned aircraft, and display of registration markings. This action would also find airworthiness certification is not required for small unmanned aircraft system operations subject to this rulemaking. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 02/23/15 80 FR 9544 NPRM Comment Period End............. 04/24/15 ....................... Final Rule.......................... 06/28/16 81 FR 42063 Final Rule Effective................ 08/29/16 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Lance Nuckolls, Unmanned Aircraft Systems Integration Office, Department of Transportation, Federal Aviation Administration, 490 L'Enfant Plaza SW., Washington, DC 20024, Phone: 202-267-8447, Email: [email protected]. RIN: 2120-AJ60 365. Changing the Collective Risk Limits for Launches and Reentries and Clarifying the Risk Limit Used To Establish Hazard Areas for Ships and Aircraft Legal Authority: 51 U.S.C. 50901 to 50923 Abstract: This rulemaking would revise the requirements that: (1) Establish quantitative public risk acceptability criteria that treat launch and reentry separately; (2) define the scope of launch and reentry mission for the purposes of quantitative risk analyses (QRA); and (3) apply QRA requirements, including uncertainty analysis, equally to all types of launch and reentry vehicles. These revisions update the current regulations and are consistent with current practices at the Federal ranges. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 07/21/14 79 FR 42241 NPRM Comment Period End............. 10/20/14 ....................... Final Rule.......................... 07/20/16 81 FR 47017 Final Rule Effective................ 09/19/16 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Rene Rey, Licensing and Safety Division, Office of Commercial Space, Department of Transportation, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20590, Phone: 202 267-7538, Email: [email protected]. RIN: 2120-AK06 366. Reciprocal Waivers of Claims for Licensed or Permitted Launch and Reentry Activities (RRR) Legal Authority: 49 U.S.C. 322; 51 U.S.C. 50910 to 50923 Abstract: This rulemaking would ensure customers are waiving claims against all other customers involved in a launch or reentry; reduce the need for [[Page 94800]] operators to request a partial waiver of the reciprocal waiver of claims requirements and for the FAA to process those requests; and provide a reciprocal waiver template for permittees with no customers, reducing the need for the FAA to assist such a permittee in drafting its cross waivers. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 01/13/15 80 FR 2015 NPRM Comment Period End............. 03/16/15 ....................... NPRM Comment Period Reopened........ 06/15/15 80 FR 34110 Comment Period End.................. 07/15/15 ....................... Final Rule.......................... 08/18/16 81 FR 55115 Final Rule Effective................ 10/17/16 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Shirley McBride, Department of Transportation, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591, Phone: 202 267-7470, Email: [email protected]. RIN: 2120-AK44 367. +Prohibition Against Certain Flights in the Simferopol (UKFV) and Dnipropetrovsk (UKDV) Flight Information Regions (FIRS) (Section 610 Review) Legal Authority: 126 Stat. 11; 49 U.S.C. 106(f); 49 U.S.C. 106(g); 49 U.S.C. 1155; 49 U.S.C. 40101; 49 U.S.C. 40103; 49 U.S.C. 40120; 49 U.S.C. 44101; 49 U.S.C. 44101; 49 U.S.C. 44111; 49 U.S.C. 44701; 49 U.S.C. 44704; 49 U.S.C. 44709; 49 U.S.C. 44711; 49 U.S.C. 44712; 49 U.S.C. 44715 to 44717; 49 U.S.C. 44722; 49 U.S.C. 46306; 49 U.S.C. 46315; 49 U.S.C. 46316; 49 U.S.C. 46504; 49 U.S.C. 46506; 49 U.S.C. 46507; 49 U.S.C. 47122; 49 U.S.C. 47508; 49 U.S.C. 47528 to 47531; 49 U.S.C. 47534; 61 Stat. 1180 Abstract: This action extends the expiration date of the Prohibition Against Certain Flights in the Simferopol (UKFV) and Dnipropetrovsk (UKDV) Flight Information Regions (FIRs). This action is necessary to continue the prohibition on flight operations in the Simferopol (UKFV) and Dnipropetrovsk (UKDV) FIRs by all U.S. air carriers, U.S. commercial operators, persons exercising the privileges of a U.S. airman certificate, except when such persons are operating a U.S.-registered aircraft for a foreign air carrier, and operators of U.S.-registered civil aircraft, except when such operators are foreign air carriers. The FAA finds this action also necessary to address a continuing hazard to persons and aircraft engaged in such flight operations. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Final Rule Effective................ 10/17/16 ....................... Final Rule.......................... 10/27/16 81 FR 74671 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: No. Agency Contact: Michelle Ferritto, Department of Transportation, Federal Aviation Administration, 800 Independence Ave. SW., Washington, DC 20591, Phone: 202-267-8673, Email: [email protected]. RIN: 2120-AK92 BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION (DOT) Federal Motor Carrier Safety Administration (FMCSA) Final Rule Stage 368. +Commercial Driver's License Drug and Alcohol Clearinghouse (MAP- 21) Legal Authority: 49 U.S.C. 31306 Abstract: This rulemaking would create a central database for verified positive controlled substances and alcohol test results for commercial driver[acute]s license (CDL) holders and refusals by such drivers to submit to testing. This rulemaking would require employers of CDL holders and service agents to report positive test results and refusals to test into the Clearinghouse. Prospective employers, acting on an application for a CDL driver position with the applicant[acute]s written consent to access the Clearinghouse, would query the Clearinghouse to determine if any specific information about the driver applicant is in the Clearinghouse before allowing the applicant to be hired and to drive CMVs. This rulemaking is intended to increase highway safety by ensuring CDL holders, who have tested positive or have refused to submit to testing, have completed the U.S. DOT's return-to-duty process before driving CMVs in interstate or intrastate commerce. It is also intended to ensure that employers are meeting their drug and alcohol testing responsibilities. Additionally, provisions in this rulemaking would also be responsive to requirements of the Moving Ahead for Progress in the 21st Century (MAP-21) Act. MAP- 21 required creation of the Clearinghouse by 10/1/14. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 02/20/14 79 FR 9703 Comment Period End.................. 04/21/14 ....................... Comment Period End.................. 04/22/14 79 FR 22467 Comment Period Extended............. 04/22/14 79 FR 22467 Final Rule.......................... 11/00/16 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Juan Moya, Department of Transportation, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, Phone: 202 366-4844, Email: [email protected]. RIN: 2126-AB18 369. +Entry-Level Driver Training (Section 610 Review) Regulatory Plan: This entry is Seq. No. 93 in part II of this issue of the Federal Register. RIN: 2126-AB66 DEPARTMENT OF TRANSPORTATION (DOT) Federal Motor Carrier Safety Administration (FMCSA) Long-Term Actions 370. +Carrier Safety Fitness Determination Legal Authority: 49 U.S.C. 31144; Section 4009 of TEA-21 Abstract: FMCSA proposes to amend the Federal Motor Carrier Safety Regulations (FMCSRs) to adopt revised methodologies that would result in a safety fitness determination (SFD). The proposed methodologies would determine when a motor carrier is not fit to operate commercial motor vehicles (CMVs) in or affecting interstate commerce based on: (1) The carrier's on-road safety performance in relation to five of the Agency's seven Behavioral Analysis and Safety Improvement Categories (BASICs); (2) an investigation; or (3) a combination of on-road safety data and investigation information. The intended effect of this action is to more effectively use FMCSA data and resources to identify unfit motor carriers and to remove them from the Nation's roadways. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 01/21/16 81 FR 3561 [[Page 94801]] NPRM Comment Period Extended........ 03/08/16 81 FR 12062 NPRM Comment Period End............. 03/21/16 ....................... NPRM Extended Comment Period End.... 05/23/16 ....................... Next Action Undetermined............ ......... ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: David Miller, Regulatory Development Division, Department of Transportation, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, Phone: 202 366-5370, Email: [email protected]. RIN: 2126-AB11 DEPARTMENT OF TRANSPORTATION (DOT) Federal Motor Carrier Safety Administration (FMCSA) Completed Actions 371. Parts and Accessories Necessary for Safe Operation; Windshield-Mounted Technologies, Final Rule (Section 610 Review) Legal Authority: Pub. L. 114-94 Abstract: FMCSA amends the Federal Motor Carrier Safety Regulations (FMCSRs) to allow the voluntary mounting of certain devices on the interior of the windshields of commercial motor vehicles (CMVs), including placement within the area that is swept by the windshield wipers. The Fixing America's Surface Transportation (FAST) Act directs FMCSA to amend the FMCSRs to allow, on a permanent basis, devices/ technologies the Agency previously determined are likely to achieve a level of safety equivalent to or greater than the level of safety that would be achieved without the devices--FMCSA previously granted limited two-year exemptions for these devices. And the statute provides a definition of ``vehicle safety technology'' which encompasses several technologies the Agency must allow to be installed in the windshield. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Final Rule.......................... 09/23/16 81 FR 65568 Final Rule Effective................ 10/24/16 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: No. Agency Contact: Luke Loy, Office of Bus and Truck Standards and Operations, Department of Transportation, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, Phone: 202 366-0676, Fax: 202 366-8842, Email: [email protected]. RIN: 2126-AB94 BILLING CODE 4910-EX-P DEPARTMENT OF TRANSPORTATION (DOT) Federal Railroad Administration (FRA) Proposed Rule Stage 372. +Passenger Equipment Safety Standards Amendments (RRR) Legal Authority: 49 U.S.C. 20103 Abstract: This rulemaking would amend 49 CFR part 238 to update existing safety standards for passenger rail equipment. Specifically, the proposed rulemaking would add standards for alternative compliance with requirements for Tier I passenger equipment, increase the maximum authorized speed for Tier II passenger equipment, and add requirements for a new Tier III category of passenger equipment. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 11/00/16 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Kathryn Shelton, Trial Attorney, Department of Transportation, Federal Railroad Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, Phone: 202 493-6063, Email: [email protected]. RIN: 2130-AC46 DEPARTMENT OF TRANSPORTATION (DOT) Federal Railroad Administration (FRA) Final Rule Stage 373. +Train Crew Staffing and Location Legal Authority: 28 U.S.C. 2461, note; 49 CFR 1.89; 49 U.S.C. 20103; 49 U.S.C. 20107; 49 U.S.C. 21301 to 21302; 49 U.S.C. 21304 Abstract: This rulemaking would add minimum requirements for the size of different train crew staffs depending on the type of operation. The minimum crew staffing requirements would reflect the safety risks posed to railroad employees, the general public, and the environment. This rulemaking would also establish minimum requirements for the roles and responsibilities of the second train crew member on a moving train, and promote safe and effective teamwork. Additionally, this rulemaking would permit a railroad to submit information to FRA and seek approval if it wants to continue an existing operation with a one-person train crew or start up an operation with less than two crew members. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 03/15/16 81 FR 13918 NPRM Comment Period End............. 05/16/16 ....................... Final Rule.......................... 01/00/17 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Kathryn Shelton, Trial Attorney, Department of Transportation, Federal Railroad Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, Phone: 202 493-6063, Email: [email protected]. RIN: 2130-AC48 BILLING CODE 4910-06-P DEPARTMENT OF TRANSPORTATION (DOT) Federal Transit Administration (FTA) Completed Actions 374. +Transit Asset Management Legal Authority: 49 U.S.C. 5326(d) Abstract: This rule will establish a system for Transit Asset Management (TAM) for all operators of public transportation, for all modes of transportation throughout the United States. This national system will be based on the term ``State of Good Repair,'' to be developed through rulemaking, which will generate accurate data about the condition of the transit agencies' assets, and performance measures for improving the conditions of those assets. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ ANPRM............................... 10/03/13 78 FR 61251 ANPRM Comment Period End............ 01/02/14 ....................... NPRM................................ 09/30/15 80 FR 58912 Final Rule.......................... 07/26/16 81 FR 48890 Final Rule Effective................ 10/01/16 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. [[Page 94802]] Agency Contact: Bonnie Graves, Attorney Advisor, Department of Transportation, Federal Transit Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, Phone: 202 366-0644, Email: [email protected]. RIN: 2132-AB07 BILLING CODE 4910-57-P DEPARTMENT OF TRANSPORTATION (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) Proposed Rule Stage 375. +Pipeline Safety: Amendments to Parts 192 and 195 To Require Valve Installation and Minimum Rupture Detection Standards Legal Authority: 49 U.S.C. 60101 et seq. Abstract: This rule would propose installation of automatic shutoff valves, remote controlled valves, or equivalent technology and establish performance based meaningful metrics for rupture detection for gas and liquid transmission pipelines. The overall intent is that rupture detection metrics will be integrated with ASV and RCV placement with the objective of improving overall incident response. Rupture response metrics would focus on mitigating large, unsafe, uncontrolled release events that have a greater potential consequence. The areas proposed to be covered include High Consequence Areas (HCA) for hazardous liquids and HCA, Class 3 and 4 for natural gas (including could affect areas). Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 05/00/17 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Robert Jagger, Technical Writer, Department of Transportation, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, Phone: 202 366-4595, Email: [email protected]. RIN: 2137-AF06 376. +Hazardous Materials: Sampling and Testing Requirements for Unrefined Petroleum Products Legal Authority: 49 U.S.C. 5101 et seq. Abstract: This rulemaking proposes to revise the Hazardous Materials Regulations (HMR) to apply particular methods for conducting vapor pressure testing and sampling of unrefined petroleum-based products, such as petroleum crude oil. Specifically, this rulemaking proposes that persons who offer unrefined petroleum-based products for transportation, regardless of mode of transportation, apply particular methods for conducting vapor pressure testing when vapor pressure testing is a component of their written testing program. PHMSA encourages persons to participate in this rulemaking by submitting comments containing relevant information, data, or views. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 12/00/16 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Ben Supko, Transportation Regulations Specialist, Department of Transportation, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, Phone: 202-366-8553, Email: [email protected]. RIN: 2137-AF28 DEPARTMENT OF TRANSPORTATION (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) Final Rule Stage 377. +Pipeline Safety: Safety of Hazardous Liquid Pipelines Regulatory Plan: This entry is Seq. No. 99 in part II of this issue of the Federal Register. RIN: 2137-AE66 378. Pipeline Safety: Issues Related to the Use of Plastic Pipe in Gas Pipeline Industry (RRR) Legal Authority: 49 U.S.C. 60101 et seq. Abstract: In this rule, PHMSA is amending the natural and other gas pipeline safety regulations (49 CFR part 192) to address regulatory requirements involving plastic piping systems used in gas services. These amendments are intended to correct errors, address inconsistencies, and respond to petitions for rulemaking. The requirements in several subject matter areas are affected, including incorporation of tracking and traceability provisions; design factor for polyethylene (PE) pipe; more stringent mechanical fitting requirements; updated and additional regulations for risers; expanded use of Polyamide-11 (PA-11) thermoplastic pipe; incorporation of newer Polyamide-12 (PA-12) thermoplastic pipe; and incorporation of updated and additional standards for fittings. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 05/21/15 80 FR 29263 NPRM Comment Period End............. 07/31/15 ....................... Final Rule.......................... 12/00/16 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Cameron H. Satterthwaite, Transportation Regulations Specialist, Department of Transportation, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, Phone: 202-366-8553, Email: [email protected]. RIN: 2137-AE93 379. Pipeline Safety: Operator Qualification, Cost Recovery, Accident and Incident Notification, and Other Changes (RRR) Legal Authority: 49 U.S.C. 60101 et seq. Abstract: PHMSA is amending the pipeline safety regulations to address requirements of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (2011 Act), and to update and clarify certain regulatory requirements. Under the 2011 Act, PHMSA is adding a specific time frame for telephonic or electronic notifications of accidents and incidents and adding provisions for cost recovery for design reviews of certain new projects. Among other provisions, PHMSA is adding a procedure for renewal of expiring special permits, and for submitters of information requesting PHMSA to keep some information confidential. In addition, PHMSA is amending the operator qualification (OQ) requirements, drug and alcohol testing requirements, and incorporating consensus standards by reference for in-line inspection (ILI) and Stress Corrosion Cracking Direct Assessment (SCCDA). Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 07/10/15 80 FR 39916 NPRM Comment Period End............. 09/08/15 ....................... Final Rule.......................... 12/00/16 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. [[Page 94803]] Agency Contact: John A. Gale, Transportation Regulations Specialist, Department of Transportation, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, Phone: 202 366-0434, Email: [email protected]. RIN: 2137-AE94 380. +Hazardous Materials: Oil Spill Response Plans and Information Sharing for High-Hazard Flammable Trains Regulatory Plan: This entry is Seq. No. 100 in part II of this issue of the Federal Register. RIN: 2137-AF08 BILLING CODE 4910-60-P DEPARTMENT OF TRANSPORTATION (DOT) Maritime Administration (MARAD) Long-Term Actions 381. +Cargo Preference Legal Authority: 49 CFR 1.66; 46 App U.S.C. 1101; 46 App U.S.C. 1241; 46 U.S.C. 2302 (e)(1); Pub. L. 91-469 Abstract: This rulemaking would revise and clarify the cargo preference regulations that have not been revised substantially since 1971. The rulemaking would also implement statutory changes, including section 3511, Public Law 110-417, of The National Defense Authorization Act for FY 2009, which provides enforcement authority. Timetable: Next Action Undetermined. Regulatory Flexibility Analysis Required: Yes. Agency Contact: Mitch Hudson, Attorney, Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, Phone: 202 366-4000, Email: [email protected]. RIN: 2133-AB74 [FR Doc. 2016-29872 Filed 12-22-16; 8:45 am] BILLING CODE 4910-81-P
![94784 Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Unified Agenda
DEPARTMENT OF TRANSPORTATION Appendix C—Public Rulemaking section 610 of the Regulatory Flexibility
Dockets Act.
Office of the Secretary Appendix D—Review Plans for Section Printing of these entries is limited to
610 and Other Requirements fields that contain information required
14 CFR Chs. I–III SUPPLEMENTARY INFORMATION: by the Regulatory Flexibility Act’s
Agenda requirements. These elements
23 CFR Chs. I–III Background are: Sequence Number; Title; Section
Improvement of our regulations is a 610 Review, if applicable; Legal
33 CFR Chs. I and IV prime goal of the Department of Authority; Abstract; Timetable;
Transportation (Department or DOT). Regulatory Flexibility Analysis
46 CFR Chs. I–III Our regulations should be clear, simple, Required; Agency Contact; and
timely, fair, reasonable, and necessary. Regulation Identifier Number (RIN).
48 CFR Ch. 12 They should not be issued without Additional information (for detailed list,
appropriate involvement of the public; see section heading ‘‘Explanation of
49 CFR Subtitle A, Chs. I–VI, and Chs. once issued, they should be periodically Information on the Agenda’’) on these
X–XII reviewed and revised, as needed, to entries is available in the Unified
[DOT–OST–1999–5129] ensure that they continue to meet the Agenda published on the Internet.
needs for which they originally were Significant Rulemakings
Department Regulatory Agenda; designed. To view additional
Semiannual Summary The Agenda covers all rules and
information about the Department’s regulations of the Department. We have
AGENCY: Office of the Secretary, DOT. regulatory activities online, go to http:// classified rules as significant in the
www.dot.gov/regulations. Among other Agenda if they are, essentially, very
ACTION: Semiannual regulatory agenda.
things, this Web site provides a report beneficial, controversial, or of
SUMMARY: The Regulatory Agenda is a updated monthly on the status of the substantial public interest under our
semiannual summary of all current and DOT significant rulemakings listed in Regulatory Policies and Procedures. All
projected rulemakings, reviews of the semiannual regulatory agenda. DOT significant rulemaking documents
existing regulations, and completed To help the Department achieve its are subject to review by the Secretary of
actions of the Department. The intent of goals and in accordance with Executive Transportation. If the Office of
the Agenda is to provide the public with Order (E.O.) 12866, ‘‘Regulatory Management and Budget (OMB) decided
information about the Department of Planning and Review,’’ (58 FR 51735; a rule is subject to its review under
Transportation’s regulatory activity Oct. 4, 1993) and the Department’s Executive Order 12866, we have also
planned for the next 12 months. It is Regulatory Policies and Procedures (44 classified it as significant in the Agenda.
expected that this information will FR 11034; Feb. 26, 1979), the
enable the public to more effectively Department prepares a semiannual Explanation of Information on the
participate in the Department’s regulatory agenda. It summarizes all Agenda
regulatory process. The public is also current and projected rulemakings, An Office of Management and Budget
invited to submit comments on any reviews of existing regulations, and memorandum, dated July 27, 2016,
aspect of this Agenda. completed actions of the Department. requires the format for this Agenda.
FOR FURTHER INFORMATION CONTACT: These are matters on which action has First, the Agenda is divided by
begun or is projected during the next 12 initiating offices. Then the Agenda is
General months or for which action has been divided into five categories: (1) Prerule
You should direct all comments and completed since the last Agenda. stage, (2) proposed rule stage, (3) final
inquiries on the Agenda in general to The Agendas are based on reports rule stage, (4) long-term actions, and (5)
Jonathan Moss, Assistant General submitted by the offices initiating the completed actions. For each entry, the
Counsel for Regulation, Department of rulemaking and are reviewed by OST. Agenda provides the following
Transportation, 1200 New Jersey The Internet is the basic means for information: (1) Its ‘‘significance’’; (2) a
Avenue SE., Washington, DC 20590; disseminating the Unified Agenda. The short, descriptive title; (3) its legal basis;
(202) 366–4723. complete Unified Agenda is available (4) the related regulatory citation in the
Specific online at www.reginfo.gov in a format Code of Federal Regulations; (5) any
that offers users a greatly enhanced legal deadline and, if so, for what action
You should direct all comments and ability to obtain information from the (e.g., NPRM, final rule); (6) an abstract;
inquiries on particular items in the Agenda database. (7) a timetable, including the earliest
Agenda to the individual listed for the Because publication in the Federal expected date for when a rulemaking
regulation or the general rulemaking Register is mandated for the regulatory document may publish; (8) whether the
contact person for the operating flexibility agendas required by the rulemaking will affect small entities
administration in appendix B. Regulatory Flexibility Act (5 U.S.C. and/or levels of Government and, if so,
Table of Contents 602), DOT’s printed Agenda entries which categories; (9) whether a
Supplementary Information: include only: Regulatory Flexibility Act (RFA)
1. The agency’s Agenda preamble; analysis is required (for rules that would
Background
mstockstill on DSK3G9T082PROD with PROPOSALP14
Significant/Priority Rulemakings 2. Rules that are in the agency’s have a significant economic impact on
Explanation of Information on the regulatory flexibility agenda, in a substantial number of small entities);
Agenda accordance with the Regulatory (10) a listing of any analyses an office
Request for Comments Flexibility Act, because they are likely will prepare or has prepared for the
Purpose to have a significant economic impact action (with minor exceptions, DOT
Appendix A—Instructions for Obtaining on a substantial number of small requires an economic analysis for all its
Copies of Regulatory Documents entities; and rulemakings); (11) an agency contact
Appendix B—General Rulemaking 3. Any rules that the agency has office or official who can provide
Contact Persons identified for periodic review under further information; (12) a Regulation
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![Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Unified Agenda 94787
Part III—List of Pending Section 610 information on the pending reviews, see on the search screen (by selecting
Reviews the Agenda entries at www.reginfo.gov. ‘‘advanced search’’) and, in effect,
The Agenda identifies the pending For example, to obtain a list of all generate the desired ‘‘index’’ of reviews.
DOT section 610 Reviews by inserting entries that are in section 610 Reviews
Office of the Secretary
‘‘(Section 610 Review)’’ after the title for under the Regulatory Flexibility Act, a
the specific entry. For further user would select the desired responses Section 610 and Other Reviews
Year Regulations to be reviewed Analysis year Review year
1 ........................ 49 CFR parts 91 through 99 and 14 CFR parts 200 through 212 .......................................... 2008 2009
2 ........................ 48 CFR parts 1201 through 1253 and new parts and subparts .............................................. 2009 2010
3 ........................ 14 CFR parts 213 through 232 ................................................................................................ 2010 2011
4 ........................ 14 CFR parts 234 through 254 ................................................................................................ 2011 2012
5 ........................ 14 CFR parts 255 through 298 and 49 CFR part 40 ............................................................... 2012 2013
6 ........................ 14 CFR parts 300 through 373 ................................................................................................ 2013 2014
7 ........................ 14 CFR parts 374 through 398 ................................................................................................ 2014 2015
8 ........................ 14 CFR part 399 and 49 CFR parts 1 through 11 ................................................................... 2015 2016
9 ........................ 49 CFR parts 17 through 28 .................................................................................................... 2016 2017
10 ...................... 49 CFR parts 29 through 39 and parts 41 through 89 ............................................................ 2017 2018
Year 9 (2016) List of Rules That Will Be 49 CFR part 6—Implementation of Equal 14 CFR part 302—Rules of Practice in
Analyzed During the Next Year Access to Justice Act in Agency Proceedings
49 CFR part 17—Intergovernmental Proceedings 14 CFR part 303—Review of Air Carrier
review of Department of 49 CFR part—Public Availability of Agreements
Information 14 CFR part 305—Rules of Practice in
Transportation programs and
49 CFR part 8—Classified Information: Informal Nonpublic Investigations
activities
Classification/Declassification/Access 14 CFR part 313—Implementation of the
49 CFR part 20—New restrictions on
49 CFR part 9—Testimony of Employees Energy Policy and Conservation Act
lobbying
of the Department and Production of 14 CFR part 323—Terminations,
49 CFR part 21—Nondiscrimination In
Records in Legal Proceedings Suspensions, and Reductions of
Federally-Assisted Programs of the 49 CFR part 10—Maintenance of and Service
Department of Transportation— Access to Records Pertaining to 14 CFR part 325—Essential Air Service
Effectuation of Title VI of the Civil Individuals Procedures
Rights Act Of 1964 49 CFR part 11—Protection of Human 14 CFR part 330—Procedures For
49 CFR part 22—Short-Term Lending Subjects Compensation of Air Carriers
Program (STLP) 14 CFR part 372—Overseas Military
49 CFR part 23—Participation of Year 7 (2014) List of Rules With
Personnel Charters
Disadvantaged Business Enterprise in Ongoing Analysis
Airport Concessions 14 CFR part 374—Implementation of the Year 5 (Fall 2012) List of Rules With
49 CFR part 24—Uniform Relocation Consumer Credit Protection Act with Ongoing Analysis
Assistance And Real Property Respect to Air Carriers and Foreign 14 CFR part 255—Airline Computer
Acquisition For Federal And Air Carriers Reservations Systems
Federally-Assisted Programs 14 CFR part 374a—Extension of Credit 14 CFR part 256—[Reserved]
49 CFR part 25—Nondiscrimination On by Airlines to Federal Political 14 CFR part 271—Guidelines for
The Basis Of Sex in Education Candidates Subsidizing Air Carriers Providing
Programs or Activities Receiving 14 CFR part 375—Navigation of Foreign Essential Air Transportation
Federal Financial Assistance Civil Aircraft within the United States 14 CFR part 272—Essential Air Service
49 CFR part 26—Participation by 14 CFR part 377—Continuance of to the Freely Associated States
Disadvantaged Business Enterprises Expired Authorizations by Operation 14 CFR part 291—Cargo Operations in
in Department of Transportation of Law Pending Final Determination Interstate Air Transportation
Financial Assistance Programs of Applications for Renewal Thereof 14 CFR part 292—International Cargo
49 CFR part 27—Nondiscrimination On 14 CFR part 380—Public Charters Transportation
The Basis Of Disability in Programs or 14 CFR part 381—Special Event Tours 14 CFR part 293—International
Activities Receiving Federal Financial 14 CFR part 382—Nondiscrimination Passenger Transportation
Assistance On The Basis Of Disability in Air 14 CFR part 294—Canadian Charter Air
49 CFR part 28—Enforcement of Travel Taxi Operators
Nondiscrimination On The Basis Of 14 CFR part 383—Civil Penalties 14 CFR part 296—Indirect Air
Handicap in Programs or Activities 14 CFR part 385—Staff Assignments and Transportation of Property
Conducted by the Department of Review of Action under Assignments 14 CFR part 297—Foreign Air Freight
Transportation 14 CFR part 389—Fees and Charges for Forwarders and Foreign Cooperative
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Special Services Shippers Associations
Year 8 (2015) List of Rules With 14 CFR part 398—Guidelines for 14 CFR part 298—Exemptions for Air
Ongoing Analysis Individual Determinations of Basic Taxi and Commuter Air Carrier
14 CFR part 399—Fees and Charges for Essential Air Service Operations
Special Services
49 CFR part 1—Organization and Year 6 (2013) List of Rules With Year 4 (Fall 2011) List of Rules With
Delegation of Power and Duties Ongoing Analysis Ongoing Analysis
49 CFR part 3—Official Seal 14 CFR part 300—Rules of Conduct in 14 CFR part 240—Inspection of
49 CFR part 5—Rulemaking Procedures DOT Proceedings Under This Chapter Accounts and Property
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![94788 Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Unified Agenda
14 CFR part 241—Uniform System of 14 CFR part 223—Free and Reduced- 14 CFR part 207—Charter Trips by U.S.
Accounts and Reports for Large Rate Transportation Scheduled Air Carriers
Certificated Air Carriers 14 CFR part 232—Transportation of 14 CFR part 208—Charter Trips by U.S.
14 CFR part 243—Passenger Manifest Mail, Review of Orders of Postmaster Charter Air Carriers
Information General 14 CFR part 211—Applications for
14 CFR part 247—Direct Airport-to- 14 CFR part 234—Airline Service Permits to Foreign Air Carriers
Airport Mileage Records Quality Performance Reports
14 CFR part 248—Submission of Audit 14 CFR part 212—Charter Rules for U.S.
Reports Year 1 (Fall 2008) List of Rules With and Foreign Direct Air Carriers
14 CFR part 249—Preservation of Air Ongoing Analysis
Federal Aviation Administration
Carrier Records 49 CFR part 91—International Air
Transportation Fair Competitive Section 610 Review Plan
Year 3 (Fall 2010) List of Rules With
Ongoing Analysis Practices The Federal Aviation Administration
49 CFR part 92—Recovering Debts to the (FAA) has elected to use the two-step,
14 CFR part 213—Terms, Conditions, United States by Salary Offset two-year process used by most
and Limitations of Foreign Air Carrier 49 CFR part 98—Enforcement of Department of Transportation (DOT)
Permits Restrictions on Post-Employment
14 CFR part 214—Terms, Conditions, modes in past plans. As such, the FAA
Activities has divided its rules into 10 groups as
and Limitations of Foreign Air Carrier
49 CFR part 99—Employee displayed in the table below. During the
Permits Authorizing Charter
Responsibilities and Conduct first year (the ‘‘analysis year’’), all rules
Transportation Only
14 CFR part 215—Use and Change of 14 CFR part 200—Definitions and published during the previous 10 years
Names of Air Carriers, Foreign Air Instructions within a 10% block of the regulations
Carriers, and Commuter Air Carriers 14 CFR part 201—Air Carrier Authority will be analyzed to identify those with
14 CFR part 216—Commingling of Blind Under Subtitle VII of Title 49 of the a significant economic impact on a
Sector Traffic by Foreign Air Carriers United States Code [Amended] substantial number of small entities
14 CFR part 217—Reporting Traffic 14 CFR part 203—Waiver of Warsaw (SEISNOSE). During the second year
Statistics by Foreign Air Carriers in Convention Liability Limits and (the ‘‘review year’’), each rule identified
Civilian Scheduled, Charter, and Defenses in the analysis year as having a
Nonscheduled Services 14 CFR part 204—Data To Support SEISNOSE will be reviewed in
14 CFR part 218—Lease by Foreign Air Fitness Determinations accordance with Section 610 (b) to
Carrier or Other Foreign Person of 14 CFR part 205—Aircraft Accident determine if it should be continued
Aircraft With Crew Liability Insurance without change or changed to minimize
14 CFR part 221—Tariffs 14 CFR part 206—Certificates of Public impact on small entities. Results of
14 CFR part 222—Intermodal Cargo Convenience and Necessity: Special those reviews will be published in the
Services by Foreign Air Carriers Authorizations and Exemptions DOT Semiannual Regulatory Agenda.
Year Regulations to be reviewed Analysis year Review year
1 ........................ 14 CFR parts 119 through 129 and parts 150 through 156 .................................................... 2008 2009
2 ........................ 14 CFR parts 133 through 139 and parts 157 through 169 .................................................... 2009 2010
3 ........................ 14 CFR parts 141 through 147 and parts 170 through 187 .................................................... 2010 2011
4 ........................ 14 CFR parts 189 through 198 and parts 1 through 16 .......................................................... 2011 2012
5 ........................ 14 CFR parts 17 through 33 .................................................................................................... 2012 2013
6 ........................ 14 CFR parts 34 through 39 and parts 400 through 405 ........................................................ 2013 2014
7 ........................ 14 CFR parts 43 through 49 and parts 406 through 415 ........................................................ 2014 2015
8 ........................ 14 CFR parts 60 through 77 .................................................................................................... 2015 2016
9 ........................ 14 CFR parts 91 through 105 .................................................................................................. 2016 2017
10 ...................... 14 CFR parts 417 through 460 ................................................................................................ 2017 2018
Background on the Regulatory regulation. The FAA performed the significance should be determined by
Flexibility Act required RFA analyses of each final considering the size of the business, the
rulemaking action and amendment it size of the competitor’s business, and
The Regulatory Flexibility Act of 1980 has initiated since enactment of the RFA the impact the same regulation has on
as amended (RFA), (§§ 601 through 612 in 1980. larger competitors.
of Title 5, United States Code (5 U.S.C.)) Section 610 of 5 U.S.C. requires
requires Federal regulatory agencies to Likewise, the RFA does not define
government agencies to periodically ‘‘substantial number.’’ However, the
analyze all proposed and final rules to review all regulations that will have a
determine their economic impact on legislative history of the RFA suggests
SEISNOSE. The FAA must analyze each that a substantial number must be at
small entities, which includes small rule within 10 years of its publication
least one but does not need to be an
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businesses, small organizations, and date.
small governmental jurisdictions. The overwhelming percentage such as more
primary purpose of the RFA is to Defining SEISNOSE than half. The SBA states that the
establish as a principle of regulatory The RFA does not define ‘‘significant substantiality of the number of small
issuance that Federal agencies endeavor, economic impact.’’ Therefore, there is businesses affected should be
consistent with the objectives of the rule no clear rule or number to determine determined on an industry-specific
and applicable statutes, to fit regulatory when a significant economic impact basis.
and informational requirements to the occurs. However, the Small Business This analysis consisted of the
scale of entities subject to the Administration (SBA) states that following three steps:
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![94792 Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Unified Agenda
49 CFR Part 571.210—Seat Belt • General: No changes are needed. 49 CFR part 571.216a—Roof Crush
Assembly Anchorages These regulations are cost effective and Resistance; Upgraded Standard
• Section 610: There is no impose the least burden. NHTSA’s plain 49 CFR part 571.218—Motorcycle
SEIOSNOSE. language review of these rules indicates Helmets
• General: No changes are needed. no need for substantial revision.
49 CFR part 571.219—Windshield Zone
These regulations are cost effective and
Year 9 (Fall 2016) List of Rules That Intrusion
impose the least burden. NHTSA’s plain
Will Be Analyzed During the Next Year
language review of these rules indicates Federal Railroad Administration
no need for substantial revision. 49 CFR part 571.214—Side Impact Section 610 and Other Reviews
49 CFR Part 571.211—[Reserved] Protection
49 CFR Part 571.212—Windshield 49 CFR part 571.215—[Reserved]
Mounting 49 CFR part 571.216—Roof Crush
• Section 610: There is no Resistance; Applicable Unless a
SEIOSNOSE. Vehicle Is Certified to 571.216a
Year Regulations to be reviewed Analysis year Review year
1 ........................ 49 CFR parts 200 and 201 ....................................................................................................... 2008 2009
2 ........................ 49 CFR parts 207, 209, 211, 215, 238, and 256 ..................................................................... 2009 2010
3 ........................ 49 CFR parts 210, 212, 214, 217, and 268 ............................................................................. 2010 2011
4 ........................ 49 CFR part 219 ....................................................................................................................... 2011 2012
5 ........................ 49 CFR parts 218, 221, 241, and 244 ..................................................................................... 2012 2013
6 ........................ 49 CFR parts 216, 228, and 229 ............................................................................................. 2013 2014
7 ........................ 49 CFR parts 223 and 233 ....................................................................................................... 2014 2015
8 ........................ 49 CFR parts 224, 225, 231, and 234 ..................................................................................... 2015 2016
9 ........................ 49 CFR parts 222, 227, 235, 236, 250, 260, and 266 ............................................................. 2016 2017
10 ...................... 49 CFR parts 213, 220, 230, 232, 239, 240, and 265 ............................................................. 2017 2018
Year 8 (Fall 2015) List of Rules would allow for FRA recordkeeping and impact on small railroads, FRA has
Analyzed and a Summary of Results reporting. FRA also makes available the deemed any such impact to be necessary
49 CFR Part 22—Reflectorization of Rail FRA Guide for Preparing Accident/ to ensure uniform and consistent
Freight Rolling Stock Incident Reports, and model Internal equipment design requirements, which
Control Plans for small railroads. contribute to the safety of railroad
• Section 610: There is no • General: Since the FRA needs employees who work on or about the
SEIOSNOSE. accurate information on the hazards and rail equipment.
• General: The regulation requires risks that exist on the nation’s railroads • General: The rule provides for
freight rolling stock owners and to effectively carry out its regulatory railroad safety standards which are
railroads to have all freight rolling responsibilities, to determine necessary to ensure the protection and
properly equipped with retroreflective comparative trends of railroad safety, safety of railroad employees and general
material within 10 years of the effective and to develop hazard elimination and public, and to minimize the number of
date of the final rule for the purpose of risk reduction programs that focus on casualties. FRA’s plain language review
enhancing its detectability at highway- preventing railroad injuries and of this rule indicates no need for
rail crossings. Freight rolling stock accidents, the requirements set forth in substantial revision.
owners and railroads are also required part 225 will improve railroad safety for
to periodically inspect and maintain 49 CFR Part 234—Grade Crossing Safety
industry employees and general public.
that material. The rule also established FRA’s plain language review of this rule • Section 610: There is no
a 10-year implementation schedule to indicates no need for substantial SEIOSNOSE. This rule does not apply to
help facilitate the initial application of revision. railroads that exclusively operate freight
retoreflective material to non- trains only on track which is not part of
reflectorized freight rolling stock. 49 CFR Part 231—Railroad Safety the general railroad system of
Further, the regulation prescribes Appliances Standards transportation, rapid transit operations
standards for the application, • Section 610: There is no within an urban area that are not
inspection, and maintenance of SEIOSNOSE. Small railroads generally connected to the general railroad system
retroreflective material on rail freight purchase rail equipment that has of transportation or railroads that
rolling. FRA’s plain language review of already been used in transportation by operates passenger trains only on track
this rule indicates no need for revision. Class I and Class II railroads. As a result, inside insular installations. Since small
rail equipment used by small railroads railroads have proportionately smaller
49 CFR Part 225—Railroad Accidents/ is often in compliance with Part 231 number of grade crossing warning
Incidents: Reports Classification and
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standards at the time of acquisition. In systems to inspect, test and maintain,
Investigations addition, small railroads are not therefore, smaller railroads would have
• Section 610: There is no substantially affected by rail equipment a smaller burden of cost per crossing. So
SEIOSNOSE. Section 225.3 specifically maintenance costs that are associated far as the State Highway-Rail Grade
states that certain Internal Control Plan with Part 231 requirements because Crossing Action Plans are concerned,
and recordkeeping requirements are not most rail equipment repairs are the requirements would apply to
applicable to railroads below a certain performed by Class I and Class II States—none of which is small.
size. FRA makes available a free railroads and/or billed to the car owner. • General: Since the rule prescribes
software package to all railroads that Although Part 231 may have some maintenance, inspection and testing
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![Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Unified Agenda 94803
Agency Contact: John A. Gale, DEPARTMENT OF TRANSPORTATION FY 2009, which provides enforcement
Transportation Regulations Specialist, (DOT) authority.
Department of Transportation, Pipeline Timetable: Next Action
and Hazardous Materials Safety Maritime Administration (MARAD)
Undetermined.
Administration, 1200 New Jersey Long-Term Actions
Avenue SE., Washington, DC 20590, Regulatory Flexibility Analysis
Phone: 202 366–0434, Email: john.gale@ 381. +Cargo Preference Required: Yes.
dot.gov. Agency Contact: Mitch Hudson,
RIN: 2137–AE94 Legal Authority: 49 CFR 1.66; 46 App
U.S.C. 1101; 46 App U.S.C. 1241; 46 Attorney, Department of Transportation,
380. +Hazardous Materials: Oil Spill U.S.C. 2302 (e)(1); Pub. L. 91–469 Maritime Administration, 1200 New
Response Plans and Information Jersey Avenue SE., Washington, DC
Abstract: This rulemaking would 20590, Phone: 202 366–4000, Email:
Sharing for High-Hazard Flammable
revise and clarify the cargo preference
Trains mitch.hudson@dot.gov.
regulations that have not been revised
Regulatory Plan: This entry is Seq. substantially since 1971. The RIN: 2133–AB74
No. 100 in part II of this issue of the rulemaking would also implement [FR Doc. 2016–29872 Filed 12–22–16; 8:45 am]
Federal Register. statutory changes, including section BILLING CODE 4910–81–P
RIN: 2137–AF08 3511, Public Law 110–417, of The
BILLING CODE 4910–60–P National Defense Authorization Act for
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Document Created: 2016-12-23 12:29:33
Document Modified: 2016-12-23 12:29:33
| Category | Regulatory Information | |
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| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Semiannual regulatory agenda. | |
| Contact | General | |
| FR Citation | 81 FR 94783 |
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