83 FR 1898 - Department Regulatory and Deregulatory Agenda; Semiannual Summary

DEPARTMENT OF TRANSPORTATION
Office of the Secretary

Federal Register Volume 83, Issue 9 (January 12, 2018)

Page Range		1898-1923
FR Document		2017-28231

The Regulatory and Deregulatory Agenda is a semiannual summary of all current and projected rulemakings, reviews of existing regulations, and completed actions of the Department. The intent of the Agenda is to provide the public with information about the Department of Transportation's regulatory activity planned for the next 12 months. It is expected that this information will enable the public to more effectively participate in the Department's regulatory process. The public is also invited to submit comments on any aspect of this Agenda.

Federal Register, Volume 83 Issue 9 (Friday, January 12, 2018)

[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)]
[Unknown Section]
[Pages 1898-1923]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-28231]

[[Page 1897]]

Vol. 83

Friday,

No. 9

January 12, 2018

Part XIII

Department of Transportation

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

Semiannual Regulatory Agenda

Federal Register / Vol. 83 , No. 9 / Friday, January 12, 2018 /
Unified Agenda

[[Page 1898]]

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

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Chs. I-III

23 CFR Chs. I-III

33 CFR Chs. I and IV

46 CFR Chs. I-III

48 CFR Ch. 12

49 CFR Subtitle A, Chs. I-VI, and Chs. X-XII

[DOT-OST-1999-5129]

Department Regulatory and Deregulatory Agenda; Semiannual Summary

AGENCY: Office of the Secretary, DOT.

ACTION: Unified Agenda of Federal Regulatory and Deregulatory Actions
(Regulatory Agenda).

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

SUMMARY: The Regulatory and Deregulatory Agenda is a semiannual summary
of all current and projected rulemakings, reviews of existing
regulations, and completed actions of the Department. The intent of the
Agenda is to provide the public with information about the Department
of Transportation's regulatory activity planned for the next 12 months.
It is expected that this information will enable the public to more
effectively participate in the Department's regulatory process. The
public is also invited to submit comments on any aspect of this Agenda.

FOR FURTHER INFORMATION CONTACT:

General

You should direct all comments and inquiries on the Agenda in
general to Jonathan Moss, Assistant General Counsel for Regulation,
Office of General Counsel, 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

A primary goal of the Department of Transportation (Department or
DOT) is to allow the public to understand how we make decisions, which
necessarily includes being transparent in the way we measure the risks,
costs, and benefits of engaging in--or deciding not to engage in--a
particular regulatory action. As such, it is our policy to provide an
opportunity for public comment on such actions to all interested
stakeholders. Above all, transparency and meaningful engagement mandate
that regulations should be straightforward, clear, and accessible to
any interested stakeholder. The Department also embraces the notion
that there should be no more regulations than necessary. We emphasize
consideration of non-regulatory solutions and have rigorous processes
in place for continual reassessment of existing regulations. These
processes provide that regulations and other agency actions are
periodically reviewed and, if appropriate, are revised to ensure that
they continue to meet the needs for which they were originally
designed, and that they remain cost-effective and cost-justified.
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 and deregulatory agenda. It summarizes all
current and projected rulemakings, reviews of existing regulations, and
completed actions of the Department. These are matters on which action
has begun or is projected during the next 12 months or for which action
has been completed since the last Agenda.
In addition, this Agenda was prepared in accordance with three new
Executive orders issued by President Trump, which directed agencies to
further scrutinize their regulations and other agency actions. On
January 30, 2017, President Trump signed Executive Order 13771,
Reducing Regulation and Controlling Regulatory Costs. Under Section
2(a) of the Executive order, unless prohibited by law, whenever an
executive department or agency publicly proposes for notice and comment
or otherwise promulgates a new regulation, it must identify at least
two existing regulations to be repealed. On February 24, 2017,
President Trump signed Executive Order 13777, Enforcing the Regulatory
Reform Agenda. Under this Executive order, each agency must establish a
Regulatory Reform Task Force (RRTF) to evaluate existing regulations,
and make recommendations for their repeal, replacement, or
modification. On March 28, 2017, President Trump signed Executive Order
13783, Promoting Energy Independence and Economic Growth, requiring
agencies to review all existing regulations, orders, guidance
documents, policies, and other similar agency actions that potentially
burden the development or use of domestically produced energy
resources, with particular attention to oil, natural gas, coal, and
nuclear energy resources.
In response to the mandate in Executive Order 13777, the Department
formed an RRTF consisting of senior career and non-career leaders,
which has already conducted extensive reviews of existing regulations,
and identified a number of rules to be repealed, replaced, or modified.
While each regulatory and deregulatory action is evaluated on its own
merits, the RRTF augments the Department's consideration of prospective
rulemakings by conducting monthly reviews across all OAs to identify
appropriate deregulatory actions. The RRTF also works to ensure that
any new regulatory action is rigorously vetted and non-regulatory
alternatives are considered. Further information on the RRTF can be
found online at: https://www.transportation.gov/regulations/regulatory-reform-task-force-report.
The Department's ongoing regulatory effort is guided by four
fundamental principles--safety, innovation, investment in
infrastructure, and reducing unnecessary regulatory burdens. These
priorities are grounded in our national interest in maintaining U.S.
global leadership in safety, innovation, and economic growth. To
accomplish our regulatory goals, we must create a regulatory
environment that fosters growth in new and innovative industries
without burdening them with unnecessary restrictions. At the same time,
safety remains our highest priority; we must remain focused on managing
safety risks and be sure that we do not regress from the successes
already achieved. Our planned regulatory actions reflect a careful
balance that emphasizes the

[[Page 1899]]

Department's priority in fostering innovation while at the same time
meeting the challenges of maintaining a safe, reliable, and sustainable
transportation system.
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.
Subsets of these rules have been classified as significant rules under
E.O. 12866 and will be subject to review by the Office of Management
and Budget (OMB).

Explanation of Information on the Agenda

An Office of Management and Budget memorandum, dated August 18,
2017, 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
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.
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.

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.

[[Page 1900]]

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: November 9, 2017.
Elaine L. Chao,
Secretary of Transportation.

Appendix A--Instructions for Obtaining Copies of Regulatory Documents

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

Appendix B--General Rulemaking Contact Persons

The following is a list of persons who can be contacted within the
Department for general information concerning the rulemaking process
within the various operating administrations.
FAA--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.
FRA--Elliott Gillooly, Office of Chief Counsel, 1200 New Jersey
Avenue SE, Washington, DC 20590; telephone (202) 493-6047.
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--Gabriel Chavez, Office of Chief Counsel, Maritime
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590;
telephone (202) 366-2621.
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
E.O. 12866, ``Regulatory Planning and Review,'' E.O. 13563, ``Improving
Regulation and Regulatory Review,'' 76 FR 3821 (January 18, 2011), E.O.
13771 ``Reducing Regulation and Controlling Regulatory Costs,'' E.O.
13777, ``Enforcing the Regulatory Agenda,'' and section 610 of the
Regulatory Flexibility Act to conduct such reviews. This includes the
designation of a Regulatory Reform Officer, the establishment of a
Regulatory Reform Task Force, and the use of plain language techniques
in new rules and considering its use in existing rules when we have the
opportunity and resources to revise them. We are committed to
continuing our reviews of existing rules and, if it is needed, will
initiate rulemaking actions based on these reviews. The Department will
begin a new 10-year review cycle with the Fall 2018 Agenda.

Section 610 Review Plan

Section 610 requires that we conduct reviews of rules that: (1)
Have been published within the last 10 years, and (2) have a
``significant economic impact on a substantial number of small
entities'' (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. Most agencies provide historical information
about the reviews that have occurred over the past 10 years. 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. The exception to this general rule is the FAA, which provides
information about the reviews it completed for this year and
prospective information about the reviews it intends to complete in the
next 10 years. Thus, for FAA Year 1 (2017) begins in the fall of 2017
and ends in the fall of 2018; Year 2 (2018) begins in the fall of 2018
and ends in the fall of 2019, and so on. We request

[[Page 1901]]

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 pre-rulemaking section describing the
review in more detail. We also will seek public comment on how best to
lessen the impact of these rules and provide a name or docket to which
public comments can be submitted. In some cases, the section 610 review
may be part of another unrelated review of the rule. In such a case, we
plan to clearly indicate which parts of the review are being conducted
under section 610.

Other Reviews

The agency will also examine the specified rules to determine
whether any other reasons exist for revising or revoking the rule or
for rewriting the rule in plain language. In each fall Agenda, the
agency will also publish information on the results of the examinations
completed during the previous year.

Part III--List of Pending Section 610 Reviews

The Agenda identifies the pending DOT section 610 Reviews by
inserting ``(Section 610 Review)'' after the title for the specific
entry. For further information on the pending reviews, see the Agenda
entries at www.reginfo.gov. For example, to obtain a list of all
entries that are in section 610 Reviews under the Regulatory
Flexibility Act, a user would select the desired responses on the
search screen (by selecting ``advanced search'') and, in effect,
generate the desired ``index'' of reviews.

Office of the Secretary

Section 610 and Other Reviews

------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 49 CFR parts 91 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 10 (2017) List of Rules That Will Be Analyzed During the Next Year
49 CFR part 30--Denial of Public Works Contracts to Suppliers of Goods
and Services of Countries That Deny Procurement Market Access to US
Contractors
49 CFR part 31--Program Fraud Civil Remedies
49 CFR part 32--Governmentwide Requirements for Drug-Free Workplace
(Financial Assistance)
49 CFR part 33--Transportation Priorities and Allocation System
49 CFR part 37--Transportation Services for Individuals With
Disabilities (ADA)
49 CFR part 38--Americans With Disabilities Act (ADA) Accessibility
Specifications for Transportation Vehicles
49 CFR part 39--Transportation for Individuals With Disabilities:
Passenger Vessels
49 CFR part 41--Seismic Safety
49 CFR part 71--Standard Time Zone Boundaries
49 CFR part 79--Medals of Honor
49 CFR part 80--Credit Assistance for Surface Transportation Projects
49 CFR part 89--Implementation of Federal Claims Collection Act
Year 9 (2016) List of Rules Analyzed and a Summary of Results
49 CFR part 17--Intergovernmental Review of Department of
Transportation Programs and Activities

Section 610: No SEIOSNOSE. This rule, which implements a
1982 Executive order, is based on an OMB model rule. It establishes
procedures to ensure that DOT agency actions are appropriately
coordinated with state and local governments. It imposes no burdens on
State and local governments of whatever size, and the coordination of
various policies or projects could help to reduce burdens on small
units of government.
General: There is no current need to revise this rule. Any
future revision would have to be Governmentwide. OST's plain language
review of this rule indicates the part does not need a substantial
revision.

49 CFR part 20--New Restrictions on Lobbying

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: During its review of part OST has concluded that
this part needs to update definitions and subsections on compilation of
semi-annual certifications. OST's plain language review of this rule
indicates the part does not need a substantial revision.

49 CFR part 21--Nondiscrimination in Federally-Assisted Programs of the
Department of Transportation

[[Page 1902]]

Effectuation of Title VI of the Civil Rights Act 1964

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: During its review of part OST has concluded that
this part needs to be updated to reflect changes to listed authorities
and to DOT's structure and organization. OST's plain language review of
this rule indicates the part does not need a substantial revision.

49 CFR part 22--Short-Term Lending Program (STLP)

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: During its review of part OST has concluded that
further analysis is needed to determine the applicability of this part.
Once determined, OST may initiate a rulemaking to remove these
regulations. OST's plain language review of this rule indicates the
part does not need a substantial revision.

49 CFR part 23--Participation of Disadvantaged Business Enterprise in
Airport Concessions

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: During its review of part OST has concluded that
this part needs to updated to reflect adjustments in business size
standards, personal net worth ceilings, updates to instructions,
definitions of several terms, good faith efforts by car rental
companies, inclusion of a section on joint ventures, accurate listing
of firms in UCP directories, and goal setting requirements, among other
things. OST's plain language review indicates no need for substantial
revision.

49 CFR part 24--Uniform Relocation Assistance and Real Property
Acquisition for Federal and Federally Assisted Programs

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Updating these regulations are statutorily
required and require interagency coordination. OST would initiate a
rulemaking to updates these regulations. OST's plain language review of
this rule indicates the part does not need a substantial revision.

49 CFR part 25--Nondiscrimination on The Basis of Sex In Education
Programs Or Activities Receiving Federal Financial Assistance

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: During its review of part OST has concluded that
this part needs to be updated to reflect changes to several noted legal
authorities and to DOT's structure and organization. OST may initiate a
rulemaking in the future to make these updates. OST's plain language
review of this rule indicates the part does not need a substantial
revision.

49 CFR part 26--Participation by Disadvantaged Business Enterprises In
Department of Transportation Financial Assistance Programs.

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: During its review of part OST has concluded that
this part needs to be updated in the following areas: Errors in
regulatory provisions; removal of provisions that are routinely
misunderstood by UCPs and recipients; various technical corrections;
increased goal-setting threshold; addressing design-build agreements;
and recipient failure to meet overall goals. OST may initiate a
rulemaking in the future to make these updates. OST's plain language
review of this rule indicates the part does not need a substantial
revision.

49 CFR part 27--Nondiscrimination on The Basis of Disability in
Programs or Activities Receiving Federal Financial Assistance.

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: During its review of part OST has concluded that
this part needs to be updated to change obsolete language, reflect
changes to several noted legal authorities, and to reflect changes to
the American With Disabilities Act (ADA) Amendments Act, Public Law
110-325 (2008). OST may initiate a rulemaking in the future to make
these updates. OST's plain language review of this rule indicates the
part does not need a substantial revision.

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 Analyzed and a Summary of Results
14 CFR part 399--Statements of General Policy

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
recodification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

49 CFR part 1--Organization and Delegation of Power and Duties

Section 610: OST conducted a review of this part and found
no SEISNOSE.
General: OST reviewed these regulations and found that the
part needs to be updated to reflect changes made in the Fixing
America's Surface Transportation (FAST) Act, Public Law 114-94 (2015).
OST may initiate a rulemaking in the future to make these updates.
OST's plain language review of these rules indicates no need for
substantial revision.

49 CFR part 3--Official Seal

Section 610: OST conducted a review of this part and found
no SEISNOSE.
General: OST has reviewed these regulations and found that
the part needs to be updated to reduce costs and ensure the regulations
accurately describe the actual design of the seal. OST may initiate a
rulemaking in the future to make these updates. OST's plain language
review of these rules indicates no need for substantial revision.
49 CFR part 5--Rulemaking Procedures

Section 610: OST conducted a review of this part and found
no SEISNOSE.
General: OST has reviewed these regulations and found that
the part needs to be updated to reflect current Departmental
procedures. OST may initiate a rulemaking for these purposes. OST's
plain language review of the rule indicates a potential need for
revision.

[[Page 1903]]

49 CFR part 6--Implementation of Equal Access to Justice Act in Agency
Proceedings

Section 610: OST conducted a review of this part and found
no SEISNOSE.
General: OST has reviewed these regulations and found that
the part needs to be updated to reflect the current content of the
relevant statute. OST may initiate a rulemaking for these purposes.
OST's plain language review of the rule indicates a potential need for
revision.

49 CFR part 7--Public Availability of Information

Section 610: OST conducted a review of this part and found
no SEISNOSE.
General: OST has reviewed these regulations and recently
updated this part to reflect recent statutory changes to the Freedom of
Information Act (82 FR 21139, May 5, 2017). OST's plain language review
indicates no need for revision.

49 CFR part 8--Classified Information: Classification/Declassification/
Access

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: OST has reviewed these regulations and recently
updated this part to reflect organization changes and updates to the
legal authorities and references (82 FR 40076, July 15, 2016). OST's
plain language review indicates no need for further revision at this
time.

49 CFR part 9--Testimony of Employees of the Department and Production
of Records in Legal Proceedings

Section 610: OST conducted a review of this part and found
no SEISNOSE.
General: OST has reviewed these regulations and found that
the part needs to be updated to reflect organizational and other
changes since the last publication of the part. OST may initiate a
rulemaking for these purposes. OST's plain language review of the rule
indicates a potential need for revision.

49 CFR part 10--Maintenance of and Access to Records Pertaining to
Individuals

Section 610: OST conducted a review of this part and found
no SEISNOSE.
General: OST has reviewed these regulations and found that
the part needs to be updated to reflect organizational and statutory
changes since the last publication of this rule. OST has initiated a
rulemaking for these purposes. OST's plain language review of this rule
indicates a need for revision.

49 CFR part 11--Protection of Human Subjects

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: No changes are needed at this time. OST reviewed
these regulations and participated in a joint update to the Common
Rule, in coordination with the U.S. Department of Health and Human
Services, published at 82 FR 7149 (January 19, 2017). These regulations
are cost effective and impose the least burden on the industries DOT
regulates. OST's plain language review of these rules indicates no need
for substantial revision.

49 CFR part 15--Protection of Sensitive Security Information

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: When this rule was enacted, it paralleled 49 CFR
part 1520, which creates an analogous Sensitive Security Information
regime administered by the Transportation Security Administration
(TSA). Since that time, parts 15 and 1520 have diverged due to the two
agencies not coordinating amendments to the rules. OST and TSA are
completing a rulemaking to eliminate inconsistencies between the two
rules. See RIN 2105-AD59. OST's plain language review indicates no need
for substantial revision on that basis.

Year 7 (2014) List of Rules Analyzed and Summary of Results
14 CFR part 374--Implementation of the Consumer Credit Protection Act
with Respect to Air Carriers and Foreign Air Carriers

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: The reviews performed for the Aviation Clean-up
Rule (RIN 2105-AD86) revealed general updates are needed. All changes
are incorporated into this rule. OST's plain language review indicated
no need for substantial revision on that basis.

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

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

14 CFR part 377--Continuance of Expired Authorizations by Operation of
Law Pending Final Determination of Applications for Renewal Thereof

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

14 CFR part 380--Public Charters

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

[[Page 1904]]

14 CFR part 381--Special Event Tours

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: No changes are needed. This regulation is cost
effective and imposes the least burden. OST's plain language review of
this rule indicates no need for substantial revision.

14 CFR part 382--Nondiscrimination on The Basis Of Disability in Air
Travel

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Part 382 implements the Air Carrier Access Act
(49 U.S.C. 41705), which broadly prohibits discrimination against a
qualified individual with a disability in air transportation. OST's
review of Part 382 revealed a number of areas that could benefit from
clarification by rulemaking, including: Deleting compliance dates that
have passed and are no longer relevant; removal of antiquated conflict
of laws waiver request filing requirements; clarification of assertion
of defense to enforcement action when conflict of law waiver request is
filed; clarification of medical certificate requirements; reordering of
certain sections; clarifying that Subpart G requires prompt boarding
deplaning and connecting assistance; clarification of requirements
regarding baggage containing assistive devices; handling of complaints
received via social media; correction of typos; and certain citation
corrections. OST's plain language review indicates no need for
substantial revision on that basis.

14 CFR part 383--Civil Penalties

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: In accordance with the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015, these regulations
would be revised to implement a catch-up adjustment for inflation and
the promulgation of a direct final rule to complete the required annual
inflation adjustment to the maximum civil penalty amounts for
violations of certain aviation economic statutes and the rules and
orders issued pursuant to these statutes. OST would also make a
technical correction to reflect a listed statutory authority. OST's
plain language review of this rule indicates no need for substantial
revision.

14 CFR part 389--Fees and Charges for Special Services

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

14 CFR part 398--Guidelines for Individual Determinations of Basic
Essential Air Service

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

Year 7 (2014) List of Rules With Ongoing Analysis
14 CFR part 385--Staff Assignments and Review of Action under
Assignments
Year 6 (2013) List of Rules Analyzed and a Summary of Results
14 CFR part 300--Rules of Conduct in DOT Proceedings Under This Chapter

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

14 CFR part 302--Rules of Practice in Proceedings
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

14 CFR part 303--Review of Air Carrier Agreements

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

14 CFR part 305--Rules of Practice in Informal Nonpublic Investigations

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Section 305 should be updated to reflect current
practice regarding procedures such as retention of evidence. The update
will be made in a rulemaking addressing other updates to the rules. See
RIN 2105-AD86. OST's plain language review indicates no need for
substantial revision on that basis.

14 CFR part 313--Implementation of the Energy Policy and Conservation
Act

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: These regulations would need to be updated to
conform with existing statute. However further analysis is needed
because the statute applies only to certain Title 49 actions. OST's
plain language review indicates no need for substantial revision on
that basis.

[[Page 1905]]

14 CFR part 323--Terminations, Suspensions, and Reductions of Service

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

14 CFR part 325--Essential Air Service Procedures

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

14 CFR part 330--Procedures For Compensation of Air Carriers

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Part 330 established procedures implementing the
airline compensation section of the Air Transportation Safety and
System Stabilization Act, which was enacted following the terrorist
attacks of September 11, 2001, Public Law 107-42, (Sept. 22, 2001) (the
Stabilization Act). Section 103 of the Stabilization Act appropriated
up to $5 billion, to be administered by the Department of
Transportation, to compensate air carriers for losses they incurred due
to the attacks. Part 330 set out carrier eligibility criteria, forms
for applying for the compensation payments, details on types of losses
that would and would not be eligible for compensation, audit
procedures, and details on a set-aside program for certain air taxis,
commuter carriers, and other small carriers. Of the 427 applications
processed, 407 applicants were deemed eligible under part 330. These
carriers received payments in a total amount of $4.6 billion. All
eligible appropriations have been completed and payments have now been
processed and paid, and all functions and responsibilities under this
section have been fulfilled. As a result, Part 330 serves no further
purpose and should be removed. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

14 CFR part 372--Overseas Military Personnel Charters

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: OST's general review of the regulations indicates
that they may be duplicative of other DOT regulations governing
charters. Therefore, OST will conduct a rulemaking to evaluate the
necessity of part 372 and to rescind it if necessary. OST's plain
language review of these rules indicates no need for substantial
revision on that basis.
Year 5 (Fall 2012) List of Rules Analyzed and a Summary of Results
14 CFR part 255--Airline Computer Reservations Systems

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: This provision was promulgated with a termination
date of July 31, 2004, unless extended. The rule was not extended;
therefore, it is no longer in effect. These regulations were removed in
a final rule under RIN-2105-AE11.

14 CFR part 256--Electronic Airline Information Systems

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

General: No changes needed. This regulation is cost
effective and imposes the least burden. OST's plain language review of
this rule indicates no need for substantial revision.

14 CFR part 257--Disclosure of Code-Sharing Arrangements and Long Term
Wet-Leases

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

14 CFR part 259--Enhanced Protections for Airline Passenger

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: This regulation would need updating to conform
with changes made in the FAA Extension, Safety, and Security Act of
2016. OST's plain language review indicates no need for substantial
revision.

14 CFR part 271--Guidelines for Subsidizing Air Carriers Providing
Essential Air Transportation

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

14 CFR part 272--Essential Air Service to the Freely Associated States

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Part 272 established essential air service
procedures for the Freely Associated States comprising the Federated
States of Micronesia (Ponape, Truk and Yap), the Marshall Islands
(Majuro and Kwajalein), and Koror in Palau. The procedures include
requirements for airlines to file notice before suspending service, an
obligation to continue to provide service when subsidy is available,
and carrier-selection criteria. Section 272.12 states, ``These
provisions shall terminate on October 1, 1998, unless the essential air
service program to the Federated States of Micronesia, the Marshall
Islands and Palau is specifically extended by Congress.'' Congress did
not extend the program (Pub. L. 101-219, Sec. 110(b),

[[Page 1906]]

(Dec.12,1989)). Thus, the statutory basis for the regulation no longer
exists and Part 272 should be removed. See RIN 2105-AD86. OST's plain
language review indicates no need for substantial revision on that
basis.

14 CFR part 291--Cargo Operations in Interstate Air Transportation

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

14 CFR part 293--International Passenger Transportation

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE
General: No changes are needed. This regulation is cost
effective and imposes the least burden. OST's plain language review of
this rule indicates no need for substantial revision.

14 CFR part 294--Canadian Charter Air Taxi Operators

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

14 CFR part 296--Indirect Air Transportation of Property

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

14 CFR part 297--Foreign Air Freight Forwarders and Foreign Cooperative
Shippers Associations

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

14 CFR part 298--Exemptions for Air Taxi and Commuter Air Carrier
Operations

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

49 CFR part 40--Procedures for Transportation Workplace Drug and
Alcohol Testing Programs

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: The OST review of this regulation indicated a
need to harmonize it with the Department of Health and Human Services
requirements by adding additional drugs requiring testing. OST's plain
language review indicated no need for substantial revision on that
basis.
Year 5 (Fall 2012) List of Rules With Ongoing Analysis
14 CFR part 258--Disclosure of Change-of-Gauge Services
14 CFR part 292--International Cargo Transportation
Year 4 (Fall 2011) List of Rules Analyzed and a Summary of Results
14 CFR part 234--Airline Service Quality Performance Reports

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: In December 2016, this part was reviewed as part
of the rule for Enhancing Airline Passenger Protections (see RIN 2105-
AE11). Also, OST is proposing a rulemaking action under RIN 2105-AE68
addressing how carriers would report cancelled flights that are
satisfied by a partner airline. OST's plain language review indicated
no need for substantial revision on that basis.

14 CFR part 235--Reports by Air Carriers on the Incidents Involving
Animals During Air Transport

14 CFR part 240--Inspection of Accounts and Property

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: The review revealed that general updates are
needed. All changes are incorporated into the Aviation Clean-up Rule.
See RIN 2105-AD86. OST's plain language review indicates no need for
substantial revision on that basis.

14 CFR part 241--Uniform System of Accounts and Reports for Large
Certificated Air Carriers

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: The reviews performed for the Aviation Clean-up
Rule (RIN 2105-AD86) revealed general updates are needed and all
changes are incorporated into this rule. OST's plain language review
indicated no need for substantial revision on that basis.

14 CFR part 243--Passenger Manifest Information

[[Page 1907]]

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

14 CFR part 244--Reporting Tarmac Delay Data

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: OST's review revealed that the language ``a
tarmac delay of three hours or more,'' in section 244.3(a) is
inaccurate and was the result of a drafting oversight. The language
should be amended to, ``a tarmac delay of more than three hours.''
Also, there was a field omission regarding the information airlines
must include as part of their Form 244 report. Subpart 244.3(a)(18)
should be added with the language, ``Total length of tarmac delay over
three hours.'' . As a result, OST will be conducting a rulemaking to
update the regulation by modifying language. OST's plain language
review of these rules indicates no need for substantial revision.

14 CFR part 247--Direct Airport-to-Airport Mileage Records

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

14 CFR part 248--Submission of Audit Reports

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

14 CFR part 249--Preservation of Air Carrier Records

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

14 CFR part 250--Oversales

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: This part was last revised in August 2015 to
adjust denied boarding compensation amounts for inflation (80 FR
30144). OST is considering revising several sections (250.5, 250.9, and
250.11) for plain language. OST is also considering general revisions
to conform with new rules allowing for electronic payment of denied
boarding compensation, and to account for the prevalence of e-
ticketing.

14 CFR part 251--Carriage of Musical Instruments

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: This regulation implements section 403 of the FAA
Modernization and Reform Act of 2012 regarding the carriage of musical
instruments as carry-on baggage or checked baggage on commercial
passenger flights operated by air carriers. The rule text implements
the statute verbatim. There is no further action necessary.

14 CFR part 252--Smoking Aboard Aircraft

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: This part was thoroughly revised in March 2016
(81 FR 11415). There is no further action necessary at this time. The
rule is currently being challenged in the D.C. Circuit (CEI vs. DOT;
#16-1128). Revisions may be required if the suit is successful. OST's
plain language review indicates no need for substantial revision on
that basis.

14 CFR part 253--Notice of Terms of Contract of Carriage

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: This part was last revised, in part, in April
2011 (76 FR 26163). OST has decided that additional editorial updates
are needed and to remove certain outdated language. OST has determined
that Sections 253.1, 253.2, and 253.10 should be revised for plain
language.

14 CFR part 254--Domestic Baggage Liability

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: This part was last revised in August 2015 to
adjust domestic baggage liability limits (80 FR 30144). OST is
considering revising several sections (254.1 and 254.2) for plain
language. No other revisions are necessary.

14 CFR part 259--Enhancing Protections for Airline Passengers

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: This part was last revised in 2009, OST has
determined that changes are needed to make sections 259.3 and 259.4
consistent with 49 U.S.C. 42301. OST has a proposed rulemaking action
under RIN 2105-AE47 that would make the necessary updates to this
regulation. OST's plain language review indicates no need for
substantial revision on that basis.
Year 3 (Fall 2010) List of Rules Analyzed and a Summary of Results
14 CFR part 213--Terms, Conditions, and Limitations of Foreign Air
Carrier Permits

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: No changes are needed. OST plain language review
of these rules indicates no need for substantial revision.

[[Page 1908]]

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

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

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

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

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

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

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

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

14 CFR part 221--Tariffs

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

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

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

14 CFR part 223--Free and Reduced-Rate Transportation

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

14 CFR part 232--Transportation of Mail, Review of Orders of Postmaster
General

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Part 232 established procedures for a party
aggrieved by an order of the Postmaster General to request a review by
DOT. In 2008, amendments to 49 U.S.C. 41902 removed from the statute
the authority for the Secretary of Transportation to amend, modify,
suspend, or cancel an order of the Postal Service (Pub. L. 110-405,
Jan. 4, 2008). Accordingly, the statutory basis for part 232
regulations no longer exists and part 232 should be removed. See RIN
2105-AD86. OST's plain language review indicates no need for
substantial revision on that basis.
Year 2 (Fall 2009) List of Rules With Ongoing Analysis
48 CFR part 1200--[Reserved]
48 CFR part 1201--Federal Acquisition Regulations System
48 CFR part 1202--Definitions of Words and Terms--
48 CFR part 1203--Improper Business Practices and Personal Conflicts of
Interest
48 CFR part 1204--Administrative Matters
48 CFR part 1205--Publicizing Contract Actions
48 CFR part 1206--Competition Requirements
48 CFR part 1207--Acquisition Planning

[[Page 1909]]

48 CFR part 1208-1210--[Reserved]
48 CFR part 1211--Describing Agency Needs
48 CFR part 1212--[Reserved]
48 CFR part 1213--Simplified Acquisition Procedures
48 CFR part 1214--Sealed Bidding
48 CFR part 1215--Contracting By Negotiation
48 CFR part 1216--Types of Contracts
48 CFR part 1217--Special Contracting Methods
48 CFR part 1218--[Reserved]
48 CFR part 1219--Small Business Programs
48 CFR part 1220--1221--[Reserved]
48 CFR part 1222--Application of Labor Laws To Government Acquisitions
48 CFR part 1223--Environment, Energy and Water Efficiency, Renewable
Energy Technologies, Occupational Safety, and Drug-Free Workplace
48 CFR part 1224--Protection of Privacy and Freedom of Information
48 CFR part 1225-1226--[Reserved]
48 CFR part 1227--Patents, Data, and Copyrights
48 CFR part 1228--Bonds and Insurance
48 CFR part 1229-130--[Reserved]
48 CFR part 1231--Contract Cost Principles and Procedures
48 CFR part 1232--Contract Financing
48 CFR part 1233--Protests, Disputes, and Appeals
48 CFR part 1234--[Reserved]
48 CFR part 1235--Research and Development Contracting
48 CFR part 1236--Construction and Architect-Engineer Contracts
48 CFR part 1237--Service Contracting
48 CFR part 1238--[Reserved]
48 CFR part 1239--Acquisition of Information Technology
48 CFR part 1240-1241--[Reserved]
48 CFR part 1242--Contract Administration and Audit Services
48 CFR part 1243-1244--[Reserved]
48 CFR part 1245--Government Property
48 CFR part 1246--Quality Assurance
48 CFR part 1247--Transportation
48 CFR part 1248-1251--[Reserved]
48 CFR part 1252--Solicitation Provisions and Contract Clauses
48 CFR part 1253--Forms
48 CFR part 1254-1299--Reserved
Year 1 (Fall 2008) List of Rules Analyzed and a Summary of Results
49 CFR part 91--International Air Transportation Fair Competitive
Practices

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the International
Air Transportation Fair Competitive Practices Act of 1974 was revised
and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Furthermore, under the Airline
Deregulation Act of 1978, the authority of the Civil Aeronautics Board
was transferred to the Department of Transportation. As a result, OST
will seek to conduct a rulemaking to rescind the rule. OST's plain
language review indicates no need for substantial revision on that
basis.

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

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Changes are needed to make the regulations
current regarding certain administrative updates and removal of
outdated language. These regulations are cost effective and impose the
least burden. OST's plain language review of these rules indicates no
need for substantial revision.

49 CFR part 93--Aircraft Allocation

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Upon OST review of this rule it is recommended
that to regulation is repealed. However, before moving forward DOT will
need to ascertain if this action would impact DOD's implementation of
the Civil Reserve Air fleet Program. OST's plain language review of
these rules indicates no need for substantial revision.

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

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: OST is considering a rulemaking to rescind this
rule since there is already adequate procedure for referral of
violations of the criminal post-Government employment rules to the
Inspector General or the Department of Justice. See 5 CFR 2638.502.
49 CFR part 99--Employee Responsibilities and Conduct

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Recommend rulemaking to rescind this rule.

14 CFR part 200--Definitions and Instructions

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

14 CFR part 201--Air Carrier Authority Under Subtitle VII of Title 49
of the United States Code [Amended]

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

14 CFR part 203--Waiver of Warsaw Convention Liability Limits and
Defenses

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

14 CFR part 204--Data to Support Fitness Determinations

[[Page 1910]]

the codification, the Department has made numerous amendments to make
the CFR consistent with the provisions of the current statute (49
U.S.C., Subtitle VII). As a result, OST will be conducting a rulemaking
to update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

14 CFR part 205--Aircraft Accident Liability Insurance

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

14 CFR part 206--Certificates of Public Convenience and Necessity:
Special Authorizations and Exemptions

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

14 CFR part 207--Charter Trips by U.S. Scheduled Air Carriers

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: OST's general review of the regulations indicates
that they may be duplicative of the regulations of 14 CFR part 212.
Therefore, OST will conduct a rulemaking to evaluate the necessity of
part 207 and to rescind it if necessary. See RIN 2105-AD86. OST's plain
language review of these rules indicates no need for substantial
revision on that basis.

14 CFR part 208--Charter Trips by U.S. Charter Air Carriers

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: OST's general review of the regulations indicates
that they may be duplicative of the regulations of 14 CFR part 212.
Therefore, OST will conduct a rulemaking to evaluate the necessity of
part 208 and to rescind it if necessary. See RIN 2105-AD86. OST's plain
language review of these rules indicates no need for substantial
revision on that basis.

14 CFR part 211--Applications for Permits to Foreign Air Carriers

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

14 CFR part 212--Charter Rules for U.S. and Foreign Direct Air Carriers

Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation
Act was revised and recodified within Subtitle VII of Title 49 of the
United States Code (Pub. L. 103-272, July 5, 1994). Since the
codification, the Department has made numerous amendments to make the
CFR consistent with the provisions of the current statute (49 U.S.C.,
Subtitle VII). As a result, OST will be conducting a rulemaking to
update the economic regulations by modifying language to reflect
current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.

Federal Aviation Administration

Section 610 and Other Reviews
Section 610 Review Plan and Summary
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 417 2017 2018
through 460.
2..................... 14 CFR parts 119 2018 2019
through 129 and
parts 150
through 156.
3..................... 14 CFR parts 133 2019 2020
through 139 and
parts 157
through 169.
4..................... 14 CFR parts 141 2020 2021
through 147 and
parts 170
through 187.
5..................... 14 CFR parts 189 2021 2022
through 198 and
parts 1 through
16.
6..................... 14 CFR parts 17 2022 2023
through 33.
7..................... 14 CFR parts 34 2023 2024
through 39 and
parts 400
through 405.
8..................... 14 CFR parts 43 2014 2025
through 49 and
parts 406
through 415.
9..................... 14 CFR parts 60 2025 2026
through 77.
10.................... 14 CFR parts 91 2026 2027
through 105.
------------------------------------------------------------------------

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

[[Page 1911]]

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:
Review of the number of small entities affected by the
amendments to parts 417 through 460.
Identification and analysis of all amendments to parts 417
through 460 since 2007 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 2 (2018) List of Rules To Be Analyzed the Next Year
14 CFR part 119--Certification: Air Carriers and Commercial Operators
14 CFR part 120--Drug and Alcohol Testing Program
14 CFR part 121--Operating Requirements: Domestic, Flag, and
Supplemental Operations
14 CFR part 125--Certification and Operations: Airplanes Having a
Seating Capacity of 20 or More Passengers or a Maximum Payload Capacity
of 6,000 Pounds or More; and Rules Governing Persons on Board Such
Aircraft
14 CFR part 129--Operations: Foreign Air Carriers and Foreign Operators
of U.S.-Registered Aircraft Engaged in Common Carriage
14 CFR part 150--Airport Noise Compatibility Planning
14 CFR part 151--Federal Aid to Airports
14 CFR part 152--Airport Aid Program
14 CFR part 153--Airport Operations
14 CFR part 155--Release of Airport Property from Surplus Property
Disposal Restriction
14 CFR part 156--State Block Grant Pilot Program
Year 1 (2017) List of Rules Analyzed and a Summary of Results
14 CFR part 417--Launch Safety

Section 610: The agency conducted a Section 610 review of
this part and found Amendment No. 417-5, 81 FR 59439, Aug. 30, 2016.
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. FAA's plain language
review of these rules indicates no need for substantial revision.

14 CFR part 420--License to Operate a Launch Site

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. FAA's plain language review of
these rules indicates no need for substantial revision.

14 CFR part 431--Launch and Reentry of a Reusable Launch Vehicle (RLV)

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. FAA's plain language
review of these rules indicates no need for substantial revision.

14 CFR part 433--License to Operate a Reentry Site

14 CFR part 435--Reentry of a Reentry Vehicle Other Than a Reusable
Launch Vehicle (RLV)

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. FAA's plain language
review of these rules indicates no need for substantial revision.

14 CFR part 437--Experimental Permits

14 CFR part 440--Financial Responsibility

14 CFR part 460--Human Space Flight Requirements

Federal Highway Administration

Section 610 and Other Reviews

[[Page 1912]]

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 9 (Fall 2016) List of Rules Analyzed and a Summary of Results
23 CFR part 1200--Uniform Procedures for State Highway Safety Grant
Programs

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 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--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

Year 10 (Fall 2017) List of Rules That Will be Analyzed During the Next
Year
New Parts and Subparts since 2008 that have not undergone review
23 CFR part 490--National Performance Management Measures
23 CFR part 505--Projects of National and Regional Significance
Evaluation and Rating
23 CFR part 511--Real-Time System Management Information Program
23 CFR part 650 Subpart E--National Tunnel Inspection Standards

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 8 (Fall 2014) List of Rules and a Summary of Results
49 CFR part 373--Receipts and Bills

Section 610: There is no SEIOSNOSE. FMCSA requires certain
motor carriers and freight forwarders to issue and retain a receipt or
bill of lading for property tendered for transportation in interstate
or foreign commerce.
General: These regulations are cost effective and impose
almost no additive financial burden upon the carrier. Retaining billing
information constitutes a prudent business practice which would likely
be required for tax and customer service purposes. The rule is

[[Page 1913]]

written in clear and unambiguous language, and should be retained.

49 CFR part 376--Lease and Interchange of Vehicles

Section 610: There is no SEIOSNOSE. FMCSA requires certain
authorized carriers that transport equipment (that it does not own) to
retain a lease, and maintain appropriate equipment records.
General: These regulations are cost effective and impose
almost no additive financial burden upon the carrier. The rule
principally defines the conditions by which certain carriers must
retain leasing documents, insurance, financial and other related
documentation. The stipulations in the rule are consistent with prudent
business practices in support of customer service, accident liability,
and financial matters. The rule takes great pains to ``exempt''
carriers, is written in clear and unambiguous language, and should be
retained.

49 CFR part 379--Preservation of Records

Section 610: There is no SEIOSNOSE. The rule requires
certain companies to retain, protect, store, and as appropriate,
dispose of records in accordance with minimum retention periods
stipulated in appendix A of part 379.
General: These regulations are cost effective and impose
almost no additive financial burden upon the carrier. Retaining
financial, contractual, property/equipment, taxes, shipping and other
supporting business documents represent a prudent business practice
which the carrier should already be doing. The rule is written in clear
and unambiguous language and should be retained.
Year 9 (2015) List of Rules With Ongoing Analysis
49 CFR part 375--Transportation of household goods in interstate
commerce; consumer protection regulations
Year 10 (2016) List of Rules That Will be Analyzed During the Next Year
49 CFR part 395--Hours of Service of Drivers

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 9 (Fall 2016) List of Rules With Ongoing Analysis
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
Year 10 (Fall 2017) List of Rules That Will be Analyzed During the Next
Year
Part 591 Importation of Vehicles and Equipment Subject to Federal
Safety, Bumper and Theft Prevention Standards
Part 592 Registered Importers of Vehicles not Originally Manufactured
to Conform to the Federal Motor Vehicle Safety Standards
Part 593 Determinations That a Vehicle not Originally Manufactured to
Conform to the Federal Motor Vehicle Safety Standards Is Eligible for
Importation
Part 594 Schedule of Fees Authorized by 49 U.S.C. 30141
Part 595 Make Inoperative Exemptions

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, and
240.
------------------------------------------------------------------------

Year 9 (Fall 2016) List of Rules Analyzed and a Summary of Results
49 CFR part 222--Use of Locomotive Horns at Public Highway-Rail Grade
Crossings

Section 610: There is no SEIOSNOSE.
General: The purpose of this rule is to provide for safety
at public highway-rail grade crossings by requiring locomotive horn use
at public highway-rail grade crossings except in quiet zones
established and maintained in accordance with this rule. FRA's plain
language review of this rule indicates no need of substantial revision.

49 CFR part 227--Occupational Noise Exposure

[[Page 1914]]

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

49 CFR part 235--Instructions Governing Applications for Approval of a
Discontinuance or Material Modification of a Signal System or Relief
from the Requirements of Part 236

Section 610: There is no SEIOSNOSE.
General: Since the rule prescribes instructions regarding
applications for approval of a discontinuance or material modification
of a signal system or relief from the requirements of Part 236, it
promotes and enhances the safety of railroad operations. FRA's plain
language review of this rule indicates no need for substantial
revision.

49 CFR part 236--Rules, Standards and Instructions Governing the
Installation, Inspection, Maintenance and Repair of Signal and Train
Control Systems, Devices and Appliances

Section 610: There is no SEIOSNOSE.
General: Since the rule prescribes standards and
instructions about the installation, inspection, maintenance and repair
of signal and train control systems, devices and appliances, and
performance-based safety standards for PTC systems, it will promote and
enhance the safety of railroad operations. FRA's plain language review
of this rule indicates no need for substantial revision.

49 CFR part 250--Guarantee of Certificates of Trustees of Railroads in
Reorganization

Section 610: There is no SEIOSNOSE.
General: The purpose of this rule is to describe the
requirements regarding form and content of applications, required
exhibits, fees, execution and filing of applications and general
instructions to obtain guarantee of certificates by the Secretary of
Transportation for trustees of railroads in reorganization under the
former Section 77 of the Bankruptcy Act. FRA's plain language review of
this rule indicates no need for substantial revision.

49 CFR part 260--Regulations Governing Loans and Loan Guarantees Under
the Railroad Rehabilitation and Improvement Financing Program

Section 610: The Railroad Rehabilitation and Improvement
Financing Program, which operates under regulations in 49 CFR part 260
``Regulations Governing Loans and Loan Guarantees under the Railroad
Rehabilitation and Improvement Financing Program'', are now
administered by the Executive Director of the Build America Bureau. The
Build America Bureau is reviewing the regulations to determine what
updates are necessary.
General: The purpose of this rule is to provide direct
loans and loan guarantees to eligible applicants, including State and
local governments, government sponsored authorities and corporations
and railroads. FRA is assessing in, consultation with the Build America
Bureau, how to revise 49 CFR part 260 to reflect the RRIF program
transfer. FRA is not rescinding the regulations at this time because
the Build America Bureau necessarily relies on certain sections under
Part 260 in administering the RRIF program.

49 CFR part 266--Assistance to States for Local Rail Service Under
Section 5 of the Department of Transportation Act

Section 610: There is no SEIOSNOSE.
General: The purpose of the rule is to provide assistance
to States for local rail service which includes: Rail service
continuation assistance; acquisition assistance; rehabilitation or
improvement assistance; substitute service assistance; rail facility
construction assistance; planning assistance; and program operations
assistance.
However, there are special limitations on planning assistance and
program operations assistance. No appropriations are currently
available for providing the assistance. FRA is currently evaluating
whether 49 CFR part 266 should be rescinded because FRA does not
anticipate future funding of the programs concerned.
Year 10 (Fall 2017) List of Rule(s) That Will be Analyzed During Next
Year
49 CFR part 213--Track Safety Standards
49 CFR part 220--Railroad Communications
49 CFR part 230--Steam Locomotive Inspection and Maintenance Standards
49 CFR part 232--Brake System Safety Standards for Freight and Other
Non-Passenger Trains and Equipment; End of Train Devices
49 CFR part 239--Passenger Train Emergency Preparedness
49 CFR part 240--Qualification and Certification of Locomotive
Engineers

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

[[Page 1915]]

Year 9 (Fall 2016) List of Rules Analyzed and Summary of Results
49 CFR part 659--Rail Fixed Guideway Systems; State Safety Oversight

Section 610: The agency has determined that the rule
continues to not have a significant effect on a substantial number of
small entities. Pursuant to the Moving Ahead for Progress in the 21st
Century Act (MAP-21) (Pub. L. 112-141, July 6, 2012), FTA has
established a comprehensive public transportation safety program, one
element of which is the State Safety Oversight (SSO) Program. (See 49
U.S.C. 5329). FTA has issued a revised SSO Program regulation (49 CFR
part 674) which became effective April 15, 2016; however, Part 659 will
remain in effect until April 14, 2019 at which time it will sunset. In
the interim, SSO Agencies will revise their programs to meet the
requirements of Part 674. Prior to publication of the final rule (81 FR
14229, March 16, 2016), FTA evaluated the likely effect of the
proposals as required by the Regulatory Flexibility Act, and determined
that this rule will have no SEISNOSE. Like Part 659, the parties
subject to the rule are those states that must carry out the oversight
of rail fixed guideway public transportation systems within their
jurisdictions.
General: Congress enacted the Moving Ahead for Progress in
the 21st Century Act (MAP-21) (Pub. L. 112-141, July 6, 2012). FTA
promulgated a new rule, 49 CFR part 674, to implement the MAP-21
requirements which require a state to oversee the safety and security
of rail fixed guideway systems within its jurisdiction. Pursuant to
MAP-21, Part 659 will be rescinded in April 2019; that is, three-years
following the effective date of the Part 674. Meanwhile, states will
revise their SSO programs to conform to the new MAP-21 requirements.
Part 674 specifies that a state must have its new program standard
certified by FTA. In addition, a state must demonstrate its SSOA's
financial and legal independence from the RTAs it oversees and
demonstrate its ability to effectively oversee the safety of the rail
fixed guideway public transportation systems throughout the state.
FTA's plain language review of this rule indicates no need for
substantial revision.

49 CFR part 663--Pre-Award and Post-Delivery Audits of Rolling Stock
Purchases

Section 610: FTA conducted a Section 610 review of this
part and found no SEISNOSE.
General: The rule was promulgated to assist transit
agencies conducting pre-award and post-delivery audits of rolling stock
procurements, as required under 49 U.S.C. 5323(m). The agency has
determined that the rule is cost-effective and imposes the least
possible burden on small entities. FTA's plain language review of this
rule indicates no need for substantial revision.

Year 10 (Fall 2017)--List of Rule(s) That Will be Analyzed This Year
49 CFR part 665--Bus Testing

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

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 With Ongoing Analysis
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
Year 10 (2017) List of Rules That Will be Analyzed During the Next Year
46 CFR part 390--Capital Construction Fund implementing regulations
46 CFR part 391--Federal Income Tax Aspects of the Capital Construction
Fund
46 CFR part 393--America's Marine Highway Program implementing
regulations

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Section 610 and Other Reviews

[[Page 1916]]

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

Year 9 (Fall 2017) List of Rules Analyzed and a Summary of Results
49 CFR parts 172, 173, 174, 176, and 177--Hazardous Materials Table,
Special Provisions, Hazardous Materials Communications, Emergency
Response Information, Training Requirements, and Security Plans;
Shippers--General Requirements for Shipments and Packagings; Carriage
by Rail; Carriage by Vessel; and Carriage by Public Highway.

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 will be proposed in the upcoming biennial international
harmonization rulemaking.
General: On March 30, 2017, PHMSA issued a final rule
titled ``Hazardous Materials: Harmonization with International
Standards'' that amended the Hazardous Materials Regulations (HMR) to
maintain consistency with international regulations and standards by
incorporating various amendments, including changes to proper shipping
names, hazard classes, packing groups, special provisions, packaging
authorizations, air transport quantity limitations, and vessel stowage
requirements (82 FR 15796). These revisions were necessary to harmonize
the HMR with recent changes made to the International Maritime
Dangerous Goods (IMDG) Code, the International Civil Aviation
Organization's Technical Instructions (ICAO TI) for the Safe Transport
of Dangerous Goods by Air, and the United Nations (UN) Recommendations
on the Transport of Dangerous Goods--Model Regulations. Additionally,
PHMSA adopted several amendments to the HMR that resulted from
coordination with Canada under the U.S.-Canada Regulatory Cooperation
Council.
This rulemaking action is part of our ongoing biennial process to
harmonize the HMR with international regulations and standards. Federal
law and policy strongly favor the harmonization of domestic and
international standards for hazardous materials transportation. The
Federal hazardous materials transportation law (Federal hazmat law; 49
U.S.C. 5101 et seq.) directs PHMSA to participate in relevant
international standard-setting bodies and promotes consistency of the
HMR with international transport standards to the extent practicable.
Federal hazmat law permits PHMSA to depart from international standards
where appropriate, including to promote safety or other overriding
public interests. However, Federal hazmat law otherwise encourages
domestic and international harmonization (see 49 U.S.C. 5120).
Harmonization facilitates international trade by minimizing the
costs and other burdens of complying with multiple or inconsistent
safety requirements for transportation of hazardous materials. Safety
is enhanced by creating a uniform framework for compliance, and as the
volume of hazardous materials transported in international commerce
continues to grow, harmonization becomes increasingly important.
The impact that it will have on small entities is not expected to
be significant. The final rule clarified provisions based on PHMSA's
initiatives and correspondence with the regulated community and
domestic and international stakeholders. The changes are generally
intended to provide relief and, as a result, marginal positive economic
benefits to shippers, carriers, and packaging manufacturers 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 193--Liquefied Natural Gas Facilities: Federal Safety
Standards

Section 610: There is no SEIOSNOSE.
General: This rule prescribes safety standards for LNG
facilities used in the transportation of gas by pipeline that is
subject to the pipeline safety laws (49 U.S.C. 60101 et seq.) and Part
192. PHMSA's plain language review of this rule indicates no need for
substantial revision.
Year 10 (fall 2018) List of Rules That Will be Analyzed During the Next
Year
49 CFR part 173--Shippers--General Requirements for Shipments and
Packagings
49 CFR part 194--Response Plans for Onshore Oil Pipelines

Saint Lawrence Seaway Development Corporation

Section 610 and Other Reviews

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

[[Page 1917]]

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

Federal Aviation Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
294....................... Drug and Alcohol Testing 2120-AK09
of Certain Maintenance
Provider Employees
Located Outside of the
United States.
295....................... + Applying the Flight, 2120-AK22
Duty, and Rest
Requirements to Ferry
Flights That Follow
Domestic, Flag, or
Supplemental All-Cargo
Operations
(Reauthorization).
296....................... + Pilot Records Database 2120-AK31
(HR 5900) (Reg Plan Seq
No. 71).
297....................... + Aircraft Registration 2120-AK37
and Airmen Certification
Fees.
298....................... + Requirements to File 2120-AK77
Notice of Construction of
Meteorological Evaluation
Towers and Other
Renewable Energy Projects
(Section 610 Review).
299....................... + Operations of Small 2120-AK85
Unmanned Aircraft Over
People (Reg Plan Seq No.
73).
------------------------------------------------------------------------
+ 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.
------------------------------------------------------------------------
300....................... + Airport Safety 2120-AJ38
Management System.
301....................... Updates to Rulemaking and 2120-AK76
Waiver Procedures and
Expansion of the
Equivalent Level of
Safety Option (Section
610 Review).
302....................... +Registration and Marking 2120-AK82
Requirements for Small
Unmanned Aircraft (Reg
Plan Seq No. 76).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.

Federal Aviation Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
303....................... + Regulation Of Flight 2120-AJ78
Operations Conducted By
Alaska Guide Pilots.
304....................... + Helicopter Air Ambulance 2120-AK57
Pilot Training and
Operational Requirements
(HAA II) (FAA
Reauthorization).
------------------------------------------------------------------------
+ DOT-designated significant regulation.

Federal Motor Carrier Safety Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
305....................... Motorcoach Lap/Shoulder 2126-AC08
Seat Belts (Section 610
Review).
306....................... Controlled Substances and 2126-AC11
Alcohol Testing: State
Driver's Licensing Agency
Downgrade of Commercial
Driver's License (Section
610 Review).
------------------------------------------------------------------------

Federal Motor Carrier Safety Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
307....................... Commercial Learner's 2126-AB98
Permit Validity (Section
610 Review).
308....................... Incorporation by 2126-AC01
Reference; North American
Standard Out-of-Service
Criteria; Hazardous
Materials Safety Permits
(Section 610 Review).
309....................... Fees for the Unified 2126-AC03
Carrier Plan and
Agreement (Section 610
Review).
------------------------------------------------------------------------

[[Page 1918]]

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

Federal Railroad Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
311....................... + Train Crew Staffing and 2130-AC48
Location.
------------------------------------------------------------------------
+ DOT-designated significant regulation.

Saint Lawrence Seaway Development Corporation--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
312....................... Seaway Regulations and 2135-AA43
Rules: Periodic Update,
Various Categories
(Rulemaking Resulting
From a Section 610
Review).
313....................... Tariff of Tolls 2135-AA44
(Rulemaking Resulting
From a Section 610
Review).
------------------------------------------------------------------------

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

Pipeline and Hazardous Materials Safety Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
315....................... + Pipeline Safety: Safety 2137-AE66
of Hazardous Liquid
Pipelines (Reg Plan Seq
No. 83).
316....................... Pipeline Safety: Issues 2137-AE93
Related to the Use of
Plastic Pipe in Gas
Pipeline Industry (RRR).
317....................... + Hazardous Materials: Oil 2137-AF08
Spill Response Plans and
Information Sharing for
High-Hazard Flammable
Trains (Reg Plan Seq No.
85).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Prerule Stage

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

E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 1153; 49 U.S.C. 40101;
49 U.S.C. 40102; 49 U.S.C. 40103; 49 U.S.C. 40113; 49 U.S.C. 41706; 49
U.S.C. 44105; 49 U.S.C. 44106; 49 U.S.C. 44111; 49 U.S.C. 44701 to
44717; 49 U.S.C. 44722; 49 U.S.C. 44901; 49 U.S.C. 44903; 49 U.S.C.
44904; 49 U.S.C. 44906; 49 U.S.C. 44912; 49 U.S.C. 44914; 49 U.S.C.
44936; 49 U.S.C. 44938; 49 U.S.C. 45101 to 45105; 49 U.S.C. 46103
Abstract: This rulemaking would require a flightcrew member
employed by an air carrier conducting operations under part 135 and
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............................... 04/00/18 .......................
------------------------------------------------------------------------

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

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

E.O. 13771 Designation: Not subject to, not significant.

[[Page 1919]]

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

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

295. +Applying the Flight, Duty, and Rest Requirements to Ferry Flights
That Follow Domestic, Flag, or Supplemental All-Cargo Operations
(Reauthorization)

E.O. 13771 Designation: Regulatory.
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; 49 U.S.C.
44702; 49 U.S.C. 44705; 49 U.S.C. 44709 to 44711; 49 U.S.C. 44713; 49
U.S.C. 44716; 49 U.S.C. 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................................ 02/00/18 .......................
------------------------------------------------------------------------

296. +Pilot Records Database (HR 5900)

Regulatory Plan: This entry is Seq. No. 71 in part II of this issue
of the Federal Register.
RIN: 2120-AK31

297. +Aircraft Registration and Airmen Certification Fees

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

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/00/18 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Isra Raza, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591, Phone: 202 267-8994, Email: [email protected].
RIN: 2120-AK37

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

E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 40103
Abstract: This rulemaking would add specific requirements for
proponents who wish to construct meteorological evaluation towers at a
height of 50 feet above ground level (AGL) up to 200 feet AGL to file
notice of construction with the FAA. This rule also requires sponsors
of wind turbines to provide certain specific data when filing notice of
construction with the FAA. This rulemaking is a statutory mandate under
section 2110 of the FAA Extension, Safety, and Security Act of 2016
(Pub. L. 114-190).
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/00/18 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: No.
Agency Contact: Sheri Edgett-Baron, Air Traffic Service, Department
of Transportation, Federal Aviation Administration, 800 Independence
Avenue SW, Washington, DC 20591, Phone: 202 267-9354.
RIN: 2120-AK77

299. +Operations of Small Unmanned Aircraft Over People

Regulatory Plan: This entry is Seq. No. 73 in part II of this issue
of the Federal Register.
RIN: 2120-AK85

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Final Rule Stage

300. +Airport Safety Management System

E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 44706; 49 U.S.C. 106(g); 49 U.S.C.
40113; 49 U.S.C. 44701 to 44706; 49 U.S.C. 44709; 49 U.S.C. 44719
Abstract: This rulemaking would require certain airport certificate
holders to develop, implement, maintain, and adhere to a safety
management system (SMS) for its aviation related activities. An SMS is
a formalized approach to managing safety by developing an organization-
wide safety policy, developing formal methods of identifying hazards,
analyzing and

[[Page 1920]]

mitigating risk, developing methods for ensuring continuous safety
improvement, and creating organization-wide safety promotion
strategies.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/07/10 75 FR 62008
NPRM Comment Period Extended........ 12/10/10 75 FR 76928
NPRM Comment Period End............. 01/05/11 .......................
End of Extended Comment Period...... 03/07/11 .......................
Second Extension of Comment Period.. 03/07/11 76 FR 12300
End of Second Extended Comment 07/05/11 .......................
Period.
Second NPRM......................... 07/14/16 81 FR 45871
Second NPRM Comment Period End...... 09/12/16 .......................
Final Rule.......................... 04/00/18 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Keri Lyons, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591, Phone: 202 267-8972, Email: [email protected].
RIN: 2120-AJ38

301. Updates to Rulemaking and Waiver Procedures and Expansion of the
Equivalent Level of Safety Option (Section 610 Review)

E.O. 13771 Designation: Deregulatory.
Legal Authority: 51 U.S.C. 50901; 51 U.S.C. 50903; 51 U.S.C. 50904;
51 U.S.C. 50905
Abstract: This rulemaking would streamline and improve commercial
space transportation's general rulemaking and petition procedures by
reflecting current practice; reorganizing the regulations for clarity
and flow; and allowing petitioners to file their petitions
electronically. This action would expand the option to satisfy
commercial space transportation requirements by demonstrating an
equivalent level of safety. These changes are necessary to ensure the
regulations are current, accurate, and are not unnecessarily
burdensome. The intended effect of these changes is to improve the
clarity of the regulations and reduce burden on the industry and on the
FAA.
Timetable:

Regulatory Flexibility Analysis Required: No.
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-AK76

302. +Registration and Marking Requirements for Small Unmanned Aircraft

Regulatory Plan: This entry is Seq. No. 76 in part II of this issue
of the Federal Register.
RIN: 2120-AK82

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Long-Term Actions

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

E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 106(g) ; 49 U.S.C. 1153; 49 U.S.C. 1155;
49 U.S.C. 40101 to 40103; 49 U.S.C. 40113; 49 U.S.C. 40120; 49 U.S.C.
44101; 49 U.S.C. 44015 to 44016; 49 U.S.C. 44111; 49 U.S.C. 44701 to
44717; 49 U.S.C. 44722; 49 U.S.C. 44901; 49 U.S.C. 44903 to 44904; 49
U.S.C. 44906; 49 U.S.C. 44912; 49 U.S.C. 44914; 49 U.S.C. 44936; 49
U.S.C. 44938; 49 U.S.C. 46103; 49 U.S.C. 46105; 49 U.S.C. 46306; 49
U.S.C. 46315 to 46316; 49 U.S.C. 46504; 49 U.S.C. 46506 to 46507; 49
U.S.C. 47122; 49 U.S.C. 47508; 49 U.S.C. 47528 to 47531; articles 12
and 29 of 61 Statue 1180; Pub. L. 106-181, sec. 732
Abstract: The rulemaking would establish regulations concerning
Alaska guide pilot operations. The rulemaking would implement
Congressional legislation and establish additional safety requirements
for the conduct of these operations. The intended effect of this
rulemaking is to enhance the level of safety for persons and property
transported in Alaska guide pilot operations. In addition, the
rulemaking would add a general provision applicable to pilots operating
under the general operating and flight rules concerning falsification,
reproduction, and alteration of applications, logbooks, reports, or
records. This rulemaking is a statutory mandate under section 732 of
the Wendell H. Ford Aviation Investment and Reform Act for the 21st
Century, (Pub. L. 106-181).
Timetable: Next Action Undetermined.
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jeff Smith, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20785, Phone: 202 385-9615, Email: [email protected].
RIN: 2120-AJ78

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

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

[[Page 1921]]

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Proposed Rule Stage

305. Motorcoach Lap/Shoulder Seat Belts (Section 610 Review)

E.O. 13771 Designation: Regulatory.
Legal Authority: Not Yet Determined
Abstract: The Federal Motor Carrier Safety Administration proposes
to amend the Federal motor carrier safety regulations to require all
over-the-road buses manufactured on or after November 28, 2016, and
other buses with a gross vehicle weight rating greater than 26,000
pounds and manufactured during the same timeframe to be equipped with
lap/shoulder seat belts in accordance with Federal Motor Vehicle Safety
Standard No. 208 accommodating each passenger seating position, with
certain exclusions. This rule will be a companion rule to the final
rule published by the National Highway Traffic Safety Administration's
final rule published in November 2013.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/00/18 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: No.
Agency Contact: Larry W. Minor, Director, 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: 202 366-4009, Email: [email protected].
RIN: 2126-AC08

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

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 49 U.S.C. 31136(a); 49 U.S.C. 31305(a)
Abstract: The Commercial Driver's License Drug and Alcohol
Clearinghouse (Clearinghouse) final rule (81 FR 87686 (Dec. 5, 2016),
requires State Driver Licensing Agencies (SDLAs) to check the
Clearinghouse before issuing, renewing, transferring, or upgrading a
Commercial Driver's License (CDL) to determine whether the driver is
qualified to operate a commercial motor vehicle. FMCSA proposes to
amend the Clearinghouse final rule to require SDLAs to downgrade the
CDL of any driver for whom a verified positive controlled substances
(drug) test result, an alcohol confirmation test with a concentration
of .04 or higher, a refusal to submit to a drug or alcohol test, or an
employer's actual knowledge of prohibited drug or alcohol use is
reported to the Clearinghouse. Under this NPRM, the CDL downgrade,
currently defined in 49 CFR 383.5 as the removal of the CDL privilege
from the driver's license, will remain in effect until the driver
complies with return to duty requirements set forth in 49 CFR part 40,
subpart O. SDLAs will have electronic access to relevant information in
the CDL holder's Clearinghouse record through the Commercial Driver's
License Information System (CDLIS), which will enable them to initiate
the downgrade process and to restore the CDL privilege to the driver's
license upon his or her completion of return to duty requirements. This
proposal is intended to improve highway safety by establishing a means
to enforce the existing requirement that CDL holders who test positive
or refuse to test, or engage in other drug and alcohol program
violations, must not perform safety-sensitive functions, including
driving a commercial motor vehicle in intrastate or interstate
commerce. This NPRM does not propose any other changes to the
Clearinghouse final rule, nor does it propose any changes to the drug
and alcohol testing requirements in part 382 and part 40.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/18 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Undetermined.
Agency Contact: Juan Moya, Department of Transportation, Federal
Motor Carrier Safety Administration, 1200 New Jersey Ave. SE,
Washington, DC 20590, Phone: 202 366-4844, Email: [email protected].
RIN: 2126-AC11

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Final Rule Stage

307. Commercial Learner's Permit Validity (Section 610 Review)

E.O. 13771 Designation: Deregulatory.
Legal Authority: 49 U.S.C. 31305; 49 U.S.C. 31308
Abstract: This rulemaking would amend Commercial Driver's License
(CDL) regulations to allow a commercial learner's permit to be issued
for one year, without renewal, rather than for no more than 180 days
with an additional 180 day renewal. This change would reduce costs to
CDL applicants who are unable to complete the required training and
testing within the current validity period, with no expected negative
safety benefits.
Timetable:

Regulatory Flexibility Analysis Required: No.
Agency Contact: Thomas Yager, Driver and Carrier Operations
Division, Department of Transportation, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, Phone:
202 366-4325, Email: [email protected].
RIN: 2126-AB98

308. Incorporation by Reference; North American Standard Out-
of-Service Criteria; Hazardous Materials Safety Permits (Section 610
Review)

E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 5105; 49 U.S.C. 5109
Abstract: This action will update an existing incorporation by
reference (by the Commercial Vehicle Safety Alliance) of the North
American Standard Out-of-Service Criteria and level VI inspection
procedures and out-of-service for commercial highway vehicles
transporting transuranics and highway route controlled quantities of
radioactive materials as defined in 49 CFR part 173.403.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 11/00/17 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: No.
Agency Contact: Stephanie Dunlap, Department of Transportation,
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590, Phone: 202 366-3536, Email:
[email protected].
RIN: 2126-AC01

309. Fees for the Unified Carrier Plan and Agreement (Section
610 Review)

E.O. 13771 Designation: Regulatory.

[[Page 1922]]

Legal Authority: 49 U.S.C. 14504a
Abstract: This rule will reset the registration fees and a fee
bracket structure for the Unified Carrier Registration Agreement set to
begin in calendar year 2018. The statute specifies that the fees are to
be determined by the Federal Motor Carrier Safety Administration based
upon the recommendation of the Unified Carrier Registration Board of
Directors.
Timetable:

Regulatory Flexibility Analysis Required: No.
Agency Contact: Frederic Wood, Attorney, Department of
Transportation, Federal Motor Carrier Safety Administration, 1200 New
Jersey Avenue SE, Washington, DC 20590, Phone: 202 366-8542, Email:
[email protected].
RIN: 2126-AC03

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Long-Term Actions

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

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

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

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

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Railroad Administration (FRA)

Final Rule Stage

311. +Train Crew Staffing and Location

E.O. 13771 Designation: Regulatory.
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 and 21302; 49 U.S.C. 21304
Abstract: This rule would establish requirements to appropriately
address known safety risks posed by train operations that use fewer
than two crewmembers. FRA is considering options based on public
comments on the proposed rule and other information.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Elliott Gillooly, Department of Transportation,
Federal Railroad Administration, 1200 New Jersey Avenue SE, Washington,
DC 20590, Phone: 202 366-4000, Email: [email protected].
RIN: 2130-AC48

DEPARTMENT OF TRANSPORTATION (DOT)

Saint Lawrence Seaway Development Corporation (SLSDC)

Final Rule Stage

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

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 33 U.S.C. 981 et seq.
Abstract: The Saint Lawrence Seaway Development Corporation (SLSDC)
and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada,
under international agreement, jointly publish and presently administer
the St. Lawrence Seaway Regulations and Rules (Practices and Procedures
in Canada) in their respective jurisdictions. Under agreement with the
SLSMC, the SLSDC is amending the joint regulations by updating the
Seaway regulations and rules in various categories. These amendments
are necessary to take account of updated procedures and will enhance
the safety of transits through the Seaway.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 02/00/18 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: No.
Agency Contact: Carrie Lavigne, Department of Transportation, Saint
Lawrence Seaway Development Corporation, 1200 New Jersey Avenue SE,
Washington, DC 20590, Phone: 315 764-3231, Email: [email protected].
RIN: 2135-AA43

[[Page 1923]]

313. Tariff of Tolls (Rulemaking Resulting From a Section 610
Review)

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 33 U.S.C. 981 et seq.
Abstract: The Saint Lawrence Seaway Development Corporation (SLSDC)
and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada,
under international agreement, jointly publish and presently administer
the St. Lawrence Seaway Tariff of Tolls in their respective
jurisdictions. The Tariff sets forth the level of tolls assessed on all
commodities and vessels transiting the facilities operated by the SLSDC
and the SLSMC. The SLSDC is revising its regulations to reflect the
fees and charges levied by the SLSMC in Canada, starting in the 2018
navigations season.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 02/00/18 .......................
------------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Proposed Rule Stage

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

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

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/00/18 .......................
------------------------------------------------------------------------

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

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Final Rule Stage

315. +Pipeline Safety: Safety of Hazardous Liquid Pipelines

Regulatory Plan: This entry is Seq. No. 83 in part II of this issue
of the Federal Register.
RIN: 2137-AE66

316. Pipeline Safety: Issues Related to the Use of Plastic Pipe in Gas
Pipeline Industry (RRR)

E.O. 13771 Designation: Deregulatory.
Legal Authority: 49 U.S.C. 60101 et seq.
Abstract: PHMSA is amending the Federal Pipeline Safety Regulations
that govern the use of plastic piping systems in the transportation of
natural and other gas. These amendments are necessary to enhance
pipeline safety, adopt innovative technologies and best practices, and
respond to petitions from stakeholders. The amendments include an
increased design factor for polyethylene (PE) pipe; stronger mechanical
fitting requirements; new and updated riser standards; new accepted
uses of Polyamide-11 (PA-11) thermoplastic pipe; authorization to use
Polyamide-12 (PA-12) thermoplastic pipe; and new or updated consensus
standards for pipe, fittings, and other components.
Timetable:

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

317. +Hazardous Materials: Oil Spill Response Plans and Information
Sharing for High-Hazard Flammable Trains

Regulatory Plan: This entry is Seq. No. 85 in part II of this issue
of the Federal Register.
RIN: 2137-AF08

[FR Doc. 2017-28231 Filed 1-11-18; 8:45 am]
BILLING CODE P

1898 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda

DEPARTMENT OF TRANSPORTATION Purpose unless prohibited by law, whenever an
Appendix A—Instructions for Obtaining executive department or agency
Office of the Secretary Copies of Regulatory Documents publicly proposes for notice and
Appendix B—General Rulemaking Contact comment or otherwise promulgates a
14 CFR Chs. I–III Persons
Appendix C—Public Rulemaking Dockets
new regulation, it must identify at least
Appendix D—Review Plans for Section 610 two existing regulations to be repealed.
23 CFR Chs. I–III and Other Requirements On February 24, 2017, President Trump
SUPPLEMENTARY INFORMATION:
signed Executive Order 13777,
33 CFR Chs. I and IV Enforcing the Regulatory Reform
Background Agenda. Under this Executive order,
46 CFR Chs. I–III A primary goal of the Department of each agency must establish a Regulatory
Transportation (Department or DOT) is Reform Task Force (RRTF) to evaluate
48 CFR Ch. 12 to allow the public to understand how existing regulations, and make
we make decisions, which necessarily recommendations for their repeal,
49 CFR Subtitle A, Chs. I–VI, and Chs. includes being transparent in the way replacement, or modification. On March
X–XII we measure the risks, costs, and benefits 28, 2017, President Trump signed
of engaging in—or deciding not to Executive Order 13783, Promoting
[DOT–OST–1999–5129]
engage in—a particular regulatory Energy Independence and Economic
Department Regulatory and action. As such, it is our policy to Growth, requiring agencies to review all
Deregulatory Agenda; Semiannual provide an opportunity for public existing regulations, orders, guidance
Summary comment on such actions to all documents, policies, and other similar
agency actions that potentially burden
interested stakeholders. Above all,
AGENCY: Office of the Secretary, DOT. the development or use of domestically
transparency and meaningful
ACTION: Unified Agenda of Federal produced energy resources, with
engagement mandate that regulations
Regulatory and Deregulatory Actions particular attention to oil, natural gas,
should be straightforward, clear, and
(Regulatory Agenda). coal, and nuclear energy resources.
accessible to any interested stakeholder. In response to the mandate in
The Department also embraces the Executive Order 13777, the Department
SUMMARY: The Regulatory and
notion that there should be no more formed an RRTF consisting of senior
Deregulatory Agenda is a semiannual
regulations than necessary. We career and non-career leaders, which
summary of all current and projected
emphasize consideration of non- has already conducted extensive
rulemakings, reviews of existing
regulatory solutions and have rigorous reviews of existing regulations, and
regulations, and completed actions of
processes in place for continual identified a number of rules to be
the Department. The intent of the
reassessment of existing regulations. repealed, replaced, or modified. While
Agenda is to provide the public with
These processes provide that regulations each regulatory and deregulatory action
information about the Department of
and other agency actions are is evaluated on its own merits, the RRTF
Transportation’s regulatory activity
periodically reviewed and, if augments the Department’s
planned for the next 12 months. It is
appropriate, are revised to ensure that consideration of prospective
expected that this information will
they continue to meet the needs for rulemakings by conducting monthly
enable the public to more effectively
which they were originally designed, reviews across all OAs to identify
participate in the Department’s
and that they remain cost-effective and appropriate deregulatory actions. The
regulatory process. The public is also
cost-justified. RRTF also works to ensure that any new
invited to submit comments on any
To help the Department achieve its regulatory action is rigorously vetted
aspect of this Agenda.
goals and in accordance with Executive and non-regulatory alternatives are
FOR FURTHER INFORMATION CONTACT: Order (E.O.) 12866, ‘‘Regulatory considered. Further information on the
General Planning and Review,’’ (58 FR 51735; RRTF can be found online at: https://
Oct. 4, 1993) and the Department’s www.transportation.gov/regulations/
You should direct all comments and Regulatory Policies and Procedures (44
inquiries on the Agenda in general to regulatory-reform-task-force-report.
FR 11034; Feb. 26, 1979), the The Department’s ongoing regulatory
Jonathan Moss, Assistant General Department prepares a semiannual
Counsel for Regulation, Office of effort is guided by four fundamental
regulatory and deregulatory agenda. It principles—safety, innovation,
General Counsel, Department of summarizes all current and projected investment in infrastructure, and
Transportation, 1200 New Jersey rulemakings, reviews of existing reducing unnecessary regulatory
Avenue SE, Washington, DC 20590; regulations, and completed actions of burdens. These priorities are grounded
(202) 366–4723. the Department. These are matters on in our national interest in maintaining
Specific which action has begun or is projected U.S. global leadership in safety,
during the next 12 months or for which innovation, and economic growth. To
You should direct all comments and
action has been completed since the last accomplish our regulatory goals, we
inquiries on particular items in the
Agenda. must create a regulatory environment
Agenda to the individual listed for the
In addition, this Agenda was prepared that fosters growth in new and
regulation or the general rulemaking
in accordance with three new Executive innovative industries without burdening
sradovich on DSK3GMQ082PROD with PROPOSALS

contact person for the operating
orders issued by President Trump, them with unnecessary restrictions. At
administration in appendix B.
which directed agencies to further the same time, safety remains our
Table of Contents scrutinize their regulations and other highest priority; we must remain
Supplementary Information:
agency actions. On January 30, 2017, focused on managing safety risks and be
Background President Trump signed Executive sure that we do not regress from the
Significant/Priority Rulemakings Order 13771, Reducing Regulation and successes already achieved. Our
Explanation of Information on the Agenda Controlling Regulatory Costs. Under planned regulatory actions reflect a
Request for Comments Section 2(a) of the Executive order, careful balance that emphasizes the

VerDate Sep<11>2014 19:21 Jan 11, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\12JAP13.SGM 12JAP13

Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 1899

Department’s priority in fostering information: (1) Its ‘‘significance’’; (2) a Finally, a dot (•) preceding an entry
innovation while at the same time short, descriptive title; (3) its legal basis; indicates that the entry appears in the
meeting the challenges of maintaining a (4) the related regulatory citation in the Agenda for the first time.
safe, reliable, and sustainable Code of Federal Regulations; (5) any
Request for Comments
transportation system. legal deadline and, if so, for what action
The Agendas are based on reports (e.g., NPRM, final rule); (6) an abstract; General
submitted by the offices initiating the (7) a timetable, including the earliest Our Agenda is intended primarily for
rulemaking and are reviewed by OST. expected date for when a rulemaking the use of the public. Since its
The internet is the basic means for document may publish; (8) whether the inception, we have made modifications
disseminating the Unified Agenda. The rulemaking will affect small entities and refinements that we believe provide
complete Unified Agenda is available and/or levels of Government and, if so, the public with more helpful
online at www.reginfo.gov in a format which categories; (9) whether a information, as well as making the
that offers users a greatly enhanced Regulatory Flexibility Act (RFA) Agenda easier to use. We would like
ability to obtain information from the analysis is required (for rules that would you, the public, to make suggestions or
Agenda database. have a significant economic impact on comments on how the Agenda could be
Because publication in the Federal a substantial number of small entities); further improved.
Register is mandated for the regulatory (10) a listing of any analyses an office
flexibility agendas required by the will prepare or has prepared for the Reviews
Regulatory Flexibility Act (5 U.S.C. action (with minor exceptions, DOT We also seek your suggestions on
602), DOT’s printed Agenda entries requires an economic analysis for all its which of our existing regulations you
include only: rulemakings); (11) an agency contact believe need to be reviewed to
1. The agency’s Agenda preamble; office or official who can provide determine whether they should be
2. Rules that are in the agency’s further information; (12) a Regulation revised or revoked. We particularly
regulatory flexibility agenda, in Identifier Number (RIN) assigned to draw your attention to the Department’s
accordance with the Regulatory identify an individual rulemaking in the review plan in appendix D.
Flexibility Act, because they are likely Agenda and facilitate tracing further
to have a significant economic impact Regulatory Flexibility Act
action on the issue; (13) whether the
on a substantial number of small action is subject to the Unfunded The Department is especially
entities; and Mandates Reform Act; (14) whether the interested in obtaining information on
3. Any rules that the agency has action is subject to the Energy Act; and requirements that have a ‘‘significant
identified for periodic review under (15) whether the action is major under economic impact on a substantial
section 610 of the Regulatory Flexibility the congressional review provisions of number of small entities’’ and, therefore,
Act. the Small Business Regulatory must be reviewed under the Regulatory
Printing of these entries is limited to Enforcement Fairness Act. Flexibility Act. If you have any
fields that contain information required suggested regulations, please submit
For nonsignificant regulations issued
by the Regulatory Flexibility Act’s them to us, along with your explanation
routinely and frequently as a part of an
Agenda requirements. These elements of why they should be reviewed.
established body of technical In accordance with the Regulatory
are: Sequence Number; Title; Section
requirements (such as the Federal Flexibility Act, comments are
610 Review, if applicable; Legal
Aviation Administration’s Airspace specifically invited on regulations that
Authority; Abstract; Timetable;
Rules), to keep those requirements we have targeted for review under
Regulatory Flexibility Analysis
operationally current, we only include section 610 of the Act. The phrase (sec.
Required; Agency Contact; and
the general category of the regulations, 610 Review) appears at the end of the
Regulation Identifier Number (RIN).
the identity of a contact office or title for these reviews. Please see
Additional information (for detailed list,
official, and an indication of the appendix D for the Department’s section
see section heading ‘‘Explanation of
expected number of regulations; we do 610 review plans.
Information on the Agenda’’) on these
not list individual regulations.
entries is available in the Unified Consultation With State, Local, and
Agenda published on the internet. In the ‘‘Timetable’’ column, we use
abbreviations to indicate the particular Tribal Governments
Significant Rulemakings documents being considered. ANPRM Executive Orders 13132 and 13175
The Agenda covers all rules and stands for Advance Notice of Proposed require us to develop an accountable
regulations of the Department. Subsets Rulemaking, SNPRM for Supplemental process to ensure ‘‘meaningful and
of these rules have been classified as Notice of Proposed Rulemaking, and timely input’’ by State, local, and tribal
significant rules under E.O. 12866 and NPRM for Notice of Proposed officials in the development of
will be subject to review by the Office Rulemaking. Listing a future date in this regulatory policies that have federalism
of Management and Budget (OMB). column does not mean we have made a or tribal implications. These policies are
decision to issue a document; it is the defined in the Executive orders to
Explanation of Information on the earliest date on which a rulemaking include regulations that have
Agenda document may publish. In addition, ‘‘substantial direct effects’’ on States or
An Office of Management and Budget these dates are based on current Indian tribes, on the relationship
memorandum, dated August 18, 2017, schedules. Information received after between the Federal Government and
sradovich on DSK3GMQ082PROD with PROPOSALS

requires the format for this Agenda. the issuance of this Agenda could result them, or on the distribution of power
First, the Agenda is divided by in a decision not to take regulatory and responsibilities between the Federal
initiating offices. Then the Agenda is action or in changes to proposed Government and various levels of
divided into five categories: (1) Prerule publication dates. For example, the Government or Indian tribes. Therefore,
stage, (2) proposed rule stage, (3) final need for further evaluation could result we encourage State and local
rule stage, (4) long-term actions, and (5) in a later publication date; evidence of Governments or Indian tribes to provide
completed actions. For each entry, the a greater need for the regulation could us with information about how the
Agenda provides the following result in an earlier publication date. Department’s rulemakings impact them.

VerDate Sep<11>2014 19:21 Jan 11, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\12JAP13.SGM 12JAP13

1902 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda

Effectuation of Title VI of the Civil to be updated to reflect changes to to make these updates. OST’s plain
Rights Act 1964 several noted legal authorities and to language review of this rule indicates
• Section 610: OST conducted a DOT’s structure and organization. OST the part does not need a substantial
Section 610 review of this part and may initiate a rulemaking in the future revision.
found no SEISNOSE. to make these updates. OST’s plain
Year 8 (2015) List of Rules Analyzed
• General: During its review of part language review of this rule indicates
the part does not need a substantial and a Summary of Results
OST has concluded that this part needs
to be updated to reflect changes to listed revision. 14 CFR part 399—Statements of General
authorities and to DOT’s structure and 49 CFR part 26—Participation by Policy
organization. OST’s plain language Disadvantaged Business Enterprises • Section 610: OST conducted a
review of this rule indicates the part In Department of Transportation Section 610 review of this part and
does not need a substantial revision. Financial Assistance Programs. found no SEISNOSE.
49 CFR part 22—Short-Term Lending • Section 610: OST conducted a • General: Since this rule was
Program (STLP) Section 610 review of this part and enacted, the Federal Aviation Act was
revised and recodified within Subtitle
• Section 610: OST conducted a found no SEISNOSE.
• General: During its review of part VII of Title 49 of the United States Code
Section 610 review of this part and
OST has concluded that this part needs (Pub. L. 103–272, July 5, 1994). Since
found no SEISNOSE.
• General: During its review of part to be updated in the following areas: the recodification, the Department has
OST has concluded that further analysis Errors in regulatory provisions; removal made numerous amendments to make
is needed to determine the applicability of provisions that are routinely the CFR consistent with the provisions
of this part. Once determined, OST may misunderstood by UCPs and recipients; of the current statute (49 U.S.C., Subtitle
initiate a rulemaking to remove these various technical corrections; increased VII). As a result, OST will be conducting
regulations. OST’s plain language goal-setting threshold; addressing a rulemaking to update the economic
review of this rule indicates the part design-build agreements; and recipient regulations by modifying language to
does not need a substantial revision. failure to meet overall goals. OST may reflect current statutory provisions. See
initiate a rulemaking in the future to RIN 2105–AD86. OST’s plain language
49 CFR part 23—Participation of review indicates no need for substantial
Disadvantaged Business Enterprise in make these updates. OST’s plain
language review of this rule indicates revision on that basis.
Airport Concessions
the part does not need a substantial 49 CFR part 1—Organization and
• Section 610: OST conducted a Delegation of Power and Duties
Section 610 review of this part and revision.
49 CFR part 27—Nondiscrimination on • Section 610: OST conducted a
found no SEISNOSE.
review of this part and found no
• General: During its review of part The Basis of Disability in Programs or
Activities Receiving Federal Financial SEISNOSE.
OST has concluded that this part needs • General: OST reviewed these
to updated to reflect adjustments in Assistance.
regulations and found that the part
business size standards, personal net • Section 610: OST conducted a needs to be updated to reflect changes
worth ceilings, updates to instructions, Section 610 review of this part and made in the Fixing America’s Surface
definitions of several terms, good faith found no SEISNOSE. Transportation (FAST) Act, Public Law
efforts by car rental companies, • General: During its review of part 114–94 (2015). OST may initiate a
inclusion of a section on joint ventures, OST has concluded that this part needs rulemaking in the future to make these
accurate listing of firms in UCP to be updated to change obsolete updates. OST’s plain language review of
directories, and goal setting language, reflect changes to several these rules indicates no need for
requirements, among other things. noted legal authorities, and to reflect substantial revision.
OST’s plain language review indicates changes to the American With
49 CFR part 3—Official Seal
no need for substantial revision. Disabilities Act (ADA) Amendments
Act, Public Law 110–325 (2008). OST • Section 610: OST conducted a
49 CFR part 24—Uniform Relocation
may initiate a rulemaking in the future review of this part and found no
Assistance and Real Property
to make these updates. OST’s plain SEISNOSE.
Acquisition for Federal and Federally • General: OST has reviewed these
Assisted Programs language review of this rule indicates
the part does not need a substantial regulations and found that the part
• Section 610: OST conducted a needs to be updated to reduce costs and
Section 610 review of this part and revision.
ensure the regulations accurately
found no SEISNOSE. 49 CFR part 28—Enforcement of describe the actual design of the seal.
• General: Updating these regulations Nondiscrimination on The Basis of OST may initiate a rulemaking in the
are statutorily required and require Handicap In Programs or Activities future to make these updates. OST’s
interagency coordination. OST would Conducted by The Department of plain language review of these rules
initiate a rulemaking to updates these Transportation. indicates no need for substantial
regulations. OST’s plain language • Section 610: OST conducted a revision.
review of this rule indicates the part Section 610 review of this part and 49 CFR part 5—Rulemaking Procedures
does not need a substantial revision. found no SEISNOSE. • Section 610: OST conducted a
49 CFR part 25—Nondiscrimination on • General: During its review of part review of this part and found no
sradovich on DSK3GMQ082PROD with PROPOSALS

The Basis of Sex In Education OST has concluded that this part needs SEISNOSE.
Programs Or Activities Receiving to be updated to change obsolete • General: OST has reviewed these
Federal Financial Assistance language, reflect changes to several regulations and found that the part
• Section 610: OST conducted a noted legal authorities, and to reflect needs to be updated to reflect current
Section 610 review of this part and changes to the American With Departmental procedures. OST may
found no SEISNOSE. Disabilities Act (ADA) Amendments initiate a rulemaking for these purposes.
• General: During its review of part Act, Public Law 110–325 (2008). OST OST’s plain language review of the rule
OST has concluded that this part needs may initiate a rulemaking in the future indicates a potential need for revision.

VerDate Sep<11>2014 19:21 Jan 11, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\12JAP13.SGM 12JAP13

Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 1903

49 CFR part 6—Implementation of Equal 49 CFR part 11—Protection of Human are incorporated into this rule. OST’s
Access to Justice Act in Agency Subjects plain language review indicated no need
Proceedings • Section 610: OST conducted a for substantial revision on that basis.
• Section 610: OST conducted a Section 610 review of this part and 14 CFR part 375—Navigation of Foreign
review of this part and found no found no SEISNOSE. Civil Aircraft within the United States
SEISNOSE. • General: No changes are needed at • Section 610: OST conducted a
• General: OST has reviewed these this time. OST reviewed these Section 610 review of this part and
regulations and found that the part regulations and participated in a joint found no SEISNOSE.
needs to be updated to reflect the update to the Common Rule, in • General: Since this rule was
current content of the relevant statute. coordination with the U.S. Department enacted, the Federal Aviation Act was
OST may initiate a rulemaking for these of Health and Human Services, revised and recodified within Subtitle
purposes. OST’s plain language review published at 82 FR 7149 (January 19, VII of Title 49 of the United States Code
of the rule indicates a potential need for 2017). These regulations are cost (Pub. L. 103–272, July 5, 1994). Since
revision. effective and impose the least burden on the codification, the Department has
49 CFR part 7—Public Availability of the industries DOT regulates. OST’s made numerous amendments to make
Information plain language review of these rules the CFR consistent with the provisions
• Section 610: OST conducted a indicates no need for substantial of the current statute (49 U.S.C., Subtitle
review of this part and found no revision. VII). As a result, OST will be conducting
SEISNOSE. 49 CFR part 15—Protection of Sensitive a rulemaking to update the economic
• General: OST has reviewed these Security Information regulations by modifying language to
regulations and recently updated this • Section 610: OST conducted a reflect current statutory provisions. See
part to reflect recent statutory changes Section 610 review of this part and RIN 2105–AD86. OST’s plain language
to the Freedom of Information Act (82 found no SEISNOSE. review indicates no need for substantial
FR 21139, May 5, 2017). OST’s plain • General: When this rule was revision on that basis.
language review indicates no need for enacted, it paralleled 49 CFR part 1520, 14 CFR part 377—Continuance of
revision. which creates an analogous Sensitive Expired Authorizations by Operation
49 CFR part 8—Classified Information: Security Information regime of Law Pending Final Determination
Classification/Declassification/Access administered by the Transportation of Applications for Renewal Thereof
• Section 610: OST conducted a Security Administration (TSA). Since • Section 610: OST conducted a
Section 610 review of this part and that time, parts 15 and 1520 have Section 610 review of this part and
found no SEISNOSE. diverged due to the two agencies not found no SEISNOSE.
• General: OST has reviewed these coordinating amendments to the rules. • General: Since this rule was
regulations and recently updated this OST and TSA are completing a enacted, the Federal Aviation Act was
part to reflect organization changes and rulemaking to eliminate inconsistencies revised and recodified within Subtitle
updates to the legal authorities and between the two rules. See RIN 2105– VII of Title 49 of the United States Code
references (82 FR 40076, July 15, 2016). AD59. OST’s plain language review (Pub. L. 103–272, July 5, 1994). Since
OST’s plain language review indicates indicates no need for substantial the codification, the Department has
no need for further revision at this time. revision on that basis. made numerous amendments to make
49 CFR part 9—Testimony of Employees the CFR consistent with the provisions
Year 7 (2014) List of Rules Analyzed
of the Department and Production of of the current statute (49 U.S.C., Subtitle
and Summary of Results
Records in Legal Proceedings VII). As a result, OST will be conducting
• Section 610: OST conducted a 14 CFR part 374—Implementation of the a rulemaking to update the economic
review of this part and found no Consumer Credit Protection Act with regulations by modifying language to
SEISNOSE. Respect to Air Carriers and Foreign reflect current statutory provisions. See
• General: OST has reviewed these Air Carriers RIN 2105–AD86. OST’s plain language
regulations and found that the part • Section 610: OST conducted a review indicates no need for substantial
needs to be updated to reflect Section 610 review of this part and revision on that basis.
organizational and other changes since found no SEISNOSE. 14 CFR part 380—Public Charters
the last publication of the part. OST • General: The reviews performed for
• Section 610: OST conducted a
may initiate a rulemaking for these the Aviation Clean-up Rule (RIN 2105–
Section 610 review of this part and
purposes. OST’s plain language review AD86) revealed general updates are
found no SEISNOSE.
of the rule indicates a potential need for needed. All changes are incorporated
• General: Since this rule was
revision. into this rule. OST’s plain language
enacted, the Federal Aviation Act was
49 CFR part 10—Maintenance of and review indicated no need for substantial
revised and recodified within Subtitle
Access to Records Pertaining to revision on that basis.
VII of Title 49 of the United States Code
Individuals 14 CFR part 374a—Extension of Credit (Pub. L. 103–272, July 5, 1994). Since
• Section 610: OST conducted a by Airlines to Federal Political the codification, the Department has
review of this part and found no Candidates made numerous amendments to make
SEISNOSE. • Section 610: OST conducted a the CFR consistent with the provisions
sradovich on DSK3GMQ082PROD with PROPOSALS

• General: OST has reviewed these Section 610 review of this part and of the current statute (49 U.S.C., Subtitle
regulations and found that the part found no SEISNOSE. VII). As a result, OST will be conducting
needs to be updated to reflect • General: The reviews performed for a rulemaking to update the economic
organizational and statutory changes the Aviation Clean-up Rule (RIN 2105– regulations by modifying language to
since the last publication of this rule. AD86) revealed general updates are reflect current statutory provisions. See
OST has initiated a rulemaking for these needed. All changes are incorporated RIN 2105–AD86. OST’s plain language
purposes. OST’s plain language review into this rule. OST’s plain language review indicates no need for substantial
of this rule indicates a need for revision. review indicated no need. All changes revision on that basis.

VerDate Sep<11>2014 19:21 Jan 11, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\12JAP13.SGM 12JAP13

Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 1905

14 CFR part 323—Terminations, program for certain air taxis, commuter made numerous amendments to make
Suspensions, and Reductions of carriers, and other small carriers. Of the the CFR consistent with the provisions
Service 427 applications processed, 407 of the current statute (49 U.S.C., Subtitle
• Section 610: OST conducted a applicants were deemed eligible under VII). As a result, OST will be conducting
Section 610 review of this part and part 330. These carriers received a rulemaking to update the economic
found no SEISNOSE. payments in a total amount of $4.6 regulations by modifying language to
• General: Since this rule was billion. All eligible appropriations have reflect current statutory provisions. See
enacted, the Federal Aviation Act was been completed and payments have RIN 2105–AD86. OST’s plain language
revised and recodified within Subtitle now been processed and paid, and all review indicates no need for substantial
VII of Title 49 of the United States Code functions and responsibilities under this revision on that basis.
(Pub. L. 103–272, July 5, 1994). Since section have been fulfilled. As a result, 14 CFR part 259—Enhanced Protections
the codification, the Department has Part 330 serves no further purpose and for Airline Passenger
made numerous amendments to make should be removed. See RIN 2105– • Section 610: OST conducted a
the CFR consistent with the provisions AD86. OST’s plain language review Section 610 review of this part and
of the current statute (49 U.S.C., Subtitle indicates no need for substantial found no SEISNOSE.
VII). As a result, OST will be conducting revision on that basis. • General: This regulation would
a rulemaking to update the economic 14 CFR part 372—Overseas Military need updating to conform with changes
regulations by modifying language to Personnel Charters made in the FAA Extension, Safety, and
reflect current statutory provisions. See • Section 610: OST conducted a Security Act of 2016. OST’s plain
RIN 2105–AD86. OST’s plain language Section 610 review of this part and language review indicates no need for
review indicates no need for substantial found no SEISNOSE. substantial revision.
revision on that basis. • General: OST’s general review of 14 CFR part 271—Guidelines for
14 CFR part 325—Essential Air Service the regulations indicates that they may Subsidizing Air Carriers Providing
Procedures be duplicative of other DOT regulations Essential Air Transportation
governing charters. Therefore, OST will
• Section 610: OST conducted a • Section 610: OST conducted a
conduct a rulemaking to evaluate the
Section 610 review of this part and Section 610 review of this part and
necessity of part 372 and to rescind it
found no SEISNOSE. found no SEISNOSE.
if necessary. OST’s plain language
• General: Since this rule was • General: Since this rule was
review of these rules indicates no need
enacted, the Federal Aviation Act was enacted, the Federal Aviation Act was
for substantial revision on that basis.
revised and recodified within Subtitle revised and recodified within Subtitle
VII of Title 49 of the United States Code Year 5 (Fall 2012) List of Rules VII of Title 49 of the United States Code
(Pub. L. 103–272, July 5, 1994). Since Analyzed and a Summary of Results (Pub. L. 103–272, July 5, 1994). Since
the codification, the Department has 14 CFR part 255—Airline Computer the codification, the Department has
made numerous amendments to make Reservations Systems made numerous amendments to make
the CFR consistent with the provisions the CFR consistent with the provisions
• Section 610: OST conducted a of the current statute (49 U.S.C., Subtitle
of the current statute (49 U.S.C., Subtitle
Section 610 review of this part and VII). As a result, OST will be conducting
VII). As a result, OST will be conducting
found no SEISNOSE. a rulemaking to update the economic
a rulemaking to update the economic
• General: This provision was
regulations by modifying language to regulations by modifying language to
promulgated with a termination date of
reflect current statutory provisions. See reflect current statutory provisions. See
July 31, 2004, unless extended. The rule
RIN 2105–AD86. OST’s plain language RIN 2105–AD86. OST’s plain language
was not extended; therefore, it is no
review indicates no need for substantial review indicates no need for substantial
longer in effect. These regulations were
revision on that basis. revision on that basis.
removed in a final rule under RIN–
14 CFR part 330—Procedures For 2105–AE11. 14 CFR part 272—Essential Air Service
Compensation of Air Carriers to the Freely Associated States
14 CFR part 256—Electronic Airline
• Section 610: OST conducted a Information Systems • Section 610: OST conducted a
Section 610 review of this part and Section 610 review of this part and
• Section 610: OST conducted a
found no SEISNOSE. found no SEISNOSE.
Section 610 review of this part and
• General: Part 330 established • General: Part 272 established
found no SEISNOSE.
procedures implementing the airline essential air service procedures for the
compensation section of the Air • General: No changes needed. This Freely Associated States comprising the
Transportation Safety and System regulation is cost effective and imposes Federated States of Micronesia (Ponape,
Stabilization Act, which was enacted the least burden. OST’s plain language Truk and Yap), the Marshall Islands
following the terrorist attacks of review of this rule indicates no need for (Majuro and Kwajalein), and Koror in
September 11, 2001, Public Law 107–42, substantial revision. Palau. The procedures include
(Sept. 22, 2001) (the Stabilization Act). 14 CFR part 257—Disclosure of Code- requirements for airlines to file notice
Section 103 of the Stabilization Act Sharing Arrangements and Long Term before suspending service, an obligation
appropriated up to $5 billion, to be Wet-Leases to continue to provide service when
administered by the Department of • Section 610: OST conducted a subsidy is available, and carrier-
sradovich on DSK3GMQ082PROD with PROPOSALS

Transportation, to compensate air Section 610 review of this part and selection criteria. Section 272.12 states,
carriers for losses they incurred due to found no SEISNOSE. ‘‘These provisions shall terminate on
the attacks. Part 330 set out carrier • General: Since this rule was October 1, 1998, unless the essential air
eligibility criteria, forms for applying for enacted, the Federal Aviation Act was service program to the Federated States
the compensation payments, details on revised and recodified within Subtitle of Micronesia, the Marshall Islands and
types of losses that would and would VII of Title 49 of the United States Code Palau is specifically extended by
not be eligible for compensation, audit (Pub. L. 103–272, July 5, 1994). Since Congress.’’ Congress did not extend the
procedures, and details on a set-aside the codification, the Department has program (Pub. L. 101–219, Sec. 110(b),

VerDate Sep<11>2014 19:21 Jan 11, 2018 Jkt 244001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\12JAP13.SGM 12JAP13

1906 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda

(Dec.12,1989)). Thus, the statutory basis (Pub. L. 103–272, July 5, 1994). Since drugs requiring testing. OST’s plain
for the regulation no longer exists and the codification, the Department has language review indicated no need for
Part 272 should be removed. See RIN made numerous amendments to make substantial revision on that basis.
2105–AD86. OST’s plain language the CFR consistent with the provisions
Year 5 (Fall 2012) List of Rules With
review indicates no need for substantial of the current statute (49 U.S.C., Subtitle
Ongoing Analysis
revision on that basis. VII). As a result, OST will be conducting
14 CFR part 291—Cargo Operations in a rulemaking to update the economic 14 CFR part 258—Disclosure of Change-
Interstate Air Transportation regulations by modifying language to of-Gauge Services
• Section 610: OST conducted a reflect current statutory provisions. See 14 CFR part 292—International Cargo
Section 610 review of this part and RIN 2105–AD86. OST’s plain language Transportation
found no SEISNOSE. review indicates no need for substantial
Year 4 (Fall 2011) List of Rules
• General: Since this rule was revision on that basis.
Analyzed and a Summary of Results
enacted, the Federal Aviation Act was 14 CFR part 297—Foreign Air Freight
revised and recodified within Subtitle Forwarders and Foreign Cooperative 14 CFR part 234—Airline Service
VII of Title 49 of the United States Code Shippers Associations Quality Performance Reports
(Pub. L. 103–272, July 5, 1994). Since • Section 610: OST conducted a • Section 610: OST conducted a
the codification, the Department has Section 610 review of this part and Section 610 review of this part and
made numerous amendments to make found no SEISNOSE. found no SEISNOSE.
the CFR consistent with the provisions • General: Since this rule was • General: In December 2016, this
of the current statute (49 U.S.C., Subtitle enacted, the Federal Aviation Act was part was reviewed as part of the rule for
VII). As a result, OST will be conducting revised and recodified within Subtitle Enhancing Airline Passenger Protections
a rulemaking to update the economic VII of Title 49 of the United States Code (see RIN 2105–AE11). Also, OST is
regulations by modifying language to (Pub. L. 103–272, July 5, 1994). Since proposing a rulemaking action under
reflect current statutory provisions. See the codification, the Department has RIN 2105–AE68 addressing how carriers
RIN 2105–AD86. OST’s plain language made numerous amendments to make would report cancelled flights that are
review indicates no need for substantial the CFR consistent with the provisions satisfied by a partner airline. OST’s
revision on that basis. of the current statute (49 U.S.C., Subtitle plain language review indicated no need
14 CFR part 293—International VII). As a result, OST will be conducting for substantial revision on that basis.
Passenger Transportation a rulemaking to update the economic 14 CFR part 235—Reports by Air
• Section 610: OST conducted a regulations by modifying language to Carriers on the Incidents Involving
Section 610 review of this part and reflect current statutory provisions. See Animals During Air Transport
RIN 2105–AD86. OST’s plain language
found no SEISNOSE • Section 610: OST conducted a
• General: No changes are needed. review indicates no need for substantial
Section 610 review of this part and
This regulation is cost effective and revision on that basis.
found no SEISNOSE
imposes the least burden. OST’s plain 14 CFR part 298—Exemptions for Air • General: No changes are needed.
language review of this rule indicates no Taxi and Commuter Air Carrier This regulation is cost effective and
need for substantial revision. Operations imposes the least burden. OST’s plain
14 CFR part 294—Canadian Charter Air • Section 610: OST conducted a language review of this rule indicates no
Taxi Operators Section 610 review of this part and need for substantial revision.
• Section 610: OST conducted a found no SEISNOSE. 14 CFR part 240—Inspection of
Section 610 review of this part and • General: Since this rule was Accounts and Property
found no SEISNOSE. enacted, the Federal Aviation Act was
• Section 610: OST conducted a
• General: Since this rule was revised and recodified within Subtitle
Section 610 review of this part and
enacted, the Federal Aviation Act was VII of Title 49 of the United States Code
found no SEISNOSE.
revised and recodified within Subtitle (Pub. L. 103–272, July 5, 1994). Since
• General: The review revealed that
VII of Title 49 of the United States Code the codification, the Department has
general updates are needed. All changes
(Pub. L. 103–272, July 5, 1994). Since made numerous amendments to make
are incorporated into the Aviation
the codification, the Department has the CFR consistent with the provisions
Clean-up Rule. See RIN 2105–AD86.
made numerous amendments to make of the current statute (49 U.S.C., Subtitle
OST’s plain language review indicates
the CFR consistent with the provisions VII). As a result, OST will be conducting
no need for substantial revision on that
of the current statute (49 U.S.C., Subtitle a rulemaking to update the economic
basis.
VII). As a result, OST will be conducting regulations by modifying language to
a rulemaking to update the economic reflect current statutory provisions. See 14 CFR part 241—Uniform System of
regulations by modifying language to RIN 2105–AD86. OST’s plain language Accounts and Reports for Large
reflect current statutory provisions. See review indicates no need for substantial Certificated Air Carriers
RIN 2105–AD86. OST’s plain language revision on that basis. • Section 610: OST conducted a
review indicates no need for substantial 49 CFR part 40—Procedures for Section 610 review of this part and
revision on that basis. Transportation Workplace Drug and found no SEISNOSE.
14 CFR part 296—Indirect Air Alcohol Testing Programs • General: The reviews performed for
sradovich on DSK3GMQ082PROD with PROPOSALS

Transportation of Property • Section 610: OST conducted a the Aviation Clean-up Rule (RIN 2105–
• Section 610: OST conducted a Section 610 review of this part and AD86) revealed general updates are
Section 610 review of this part and found no SEISNOSE. needed and all changes are incorporated
found no SEISNOSE. • General: The OST review of this into this rule. OST’s plain language
• General: Since this rule was regulation indicated a need to review indicated no need for substantial
enacted, the Federal Aviation Act was harmonize it with the Department of revision on that basis.
revised and recodified within Subtitle Health and Human Services 14 CFR part 243—Passenger Manifest
VII of Title 49 of the United States Code requirements by adding additional Information

VerDate Sep<11>2014 19:21 Jan 11, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\12JAP13.SGM 12JAP13

Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 1907

• Section 610: OST conducted a • General: Since this rule was 14 CFR part 252—Smoking Aboard
Section 610 review of this part and enacted, the Federal Aviation Act was Aircraft
found no SEISNOSE. revised and recodified within Subtitle • Section 610: OST conducted a
• General: Since this rule was VII of Title 49 of the United States Code Section 610 review of this part and
enacted, the Federal Aviation Act was (Pub. L. 103–272, July 5, 1994). Since found no SEISNOSE.
revised and recodified within Subtitle the codification, the Department has • General: This part was thoroughly
VII of Title 49 of the United States Code made numerous amendments to make revised in March 2016 (81 FR 11415).
(Pub. L. 103–272, July 5, 1994). Since the CFR consistent with the provisions There is no further action necessary at
the codification, the Department has of the current statute (49 U.S.C., Subtitle this time. The rule is currently being
made numerous amendments to make VII). As a result, OST will be conducting challenged in the D.C. Circuit (CEI vs.
the CFR consistent with the provisions a rulemaking to update the economic DOT; #16–1128). Revisions may be
of the current statute (49 U.S.C., Subtitle regulations by modifying language to required if the suit is successful. OST’s
VII). As a result, OST will be conducting reflect current statutory provisions. See plain language review indicates no need
a rulemaking to update the economic RIN 2105–AD86. OST’s plain language for substantial revision on that basis.
regulations by modifying language to review indicates no need for substantial
reflect current statutory provisions. See revision on that basis. 14 CFR part 253—Notice of Terms of
RIN 2105–AD86. OST’s plain language Contract of Carriage
14 CFR part 249—Preservation of Air
review indicates no need for substantial Carrier Records • Section 610: OST conducted a
revision on that basis. Section 610 review of this part and
• Section 610: OST conducted a
14 CFR part 244—Reporting Tarmac found no SEISNOSE.
Section 610 review of this part and
Delay Data • General: This part was last revised,
found no SEISNOSE.
• Section 610: OST conducted a • General: Since this rule was in part, in April 2011 (76 FR 26163).
Section 610 review of this part and enacted, the Federal Aviation Act was OST has decided that additional
found no SEISNOSE. revised and recodified within Subtitle editorial updates are needed and to
• General: OST’s review revealed that VII of Title 49 of the United States Code remove certain outdated language. OST
the language ‘‘a tarmac delay of three (Pub. L. 103–272, July 5, 1994). Since has determined that Sections 253.1,
hours or more,’’ in section 244.3(a) is the codification, the Department has 253.2, and 253.10 should be revised for
inaccurate and was the result of a made numerous amendments to make plain language.
drafting oversight. The language should the CFR consistent with the provisions 14 CFR part 254—Domestic Baggage
be amended to, ‘‘a tarmac delay of more of the current statute (49 U.S.C., Subtitle Liability
than three hours.’’ Also, there was a VII). As a result, OST will be conducting • Section 610: OST conducted a
field omission regarding the information a rulemaking to update the economic Section 610 review of this part and
airlines must include as part of their regulations by modifying language to found no SEISNOSE.
Form 244 report. Subpart 244.3(a)(18) reflect current statutory provisions. See • General: This part was last revised
should be added with the language, RIN 2105–AD86. OST’s plain language in August 2015 to adjust domestic
‘‘Total length of tarmac delay over three review indicates no need for substantial baggage liability limits (80 FR 30144).
hours.’’ . As a result, OST will be revision on that basis. OST is considering revising several
conducting a rulemaking to update the 14 CFR part 250—Oversales sections (254.1 and 254.2) for plain
regulation by modifying language. • Section 610: OST conducted a language. No other revisions are
OST’s plain language review of these Section 610 review of this part and necessary.
rules indicates no need for substantial found no SEISNOSE. 14 CFR part 259—Enhancing
revision. • General: This part was last revised Protections for Airline Passengers
14 CFR part 247—Direct Airport-to- in August 2015 to adjust denied • Section 610: OST conducted a
Airport Mileage Records boarding compensation amounts for Section 610 review of this part and
• Section 610: OST conducted a inflation (80 FR 30144). OST is found no SEISNOSE.
Section 610 review of this part and considering revising several sections • General: This part was last revised
found no SEISNOSE. (250.5, 250.9, and 250.11) for plain in 2009, OST has determined that
• General: Since this rule was language. OST is also considering changes are needed to make sections
enacted, the Federal Aviation Act was general revisions to conform with new 259.3 and 259.4 consistent with 49
revised and recodified within Subtitle rules allowing for electronic payment of U.S.C. 42301. OST has a proposed
VII of Title 49 of the United States Code denied boarding compensation, and to rulemaking action under RIN 2105–
(Pub. L. 103–272, July 5, 1994). Since account for the prevalence of e- AE47 that would make the necessary
the codification, the Department has ticketing. updates to this regulation. OST’s plain
made numerous amendments to make 14 CFR part 251—Carriage of Musical language review indicates no need for
the CFR consistent with the provisions Instruments substantial revision on that basis.
of the current statute (49 U.S.C., Subtitle • Section 610: OST conducted a
VII). As a result, OST will be conducting Year 3 (Fall 2010) List of Rules
Section 610 review of this part and
a rulemaking to update the economic Analyzed and a Summary of Results
found no SEISNOSE.
regulations by modifying language to • General: This regulation 14 CFR part 213—Terms, Conditions,
reflect current statutory provisions. See implements section 403 of the FAA and Limitations of Foreign Air Carrier
sradovich on DSK3GMQ082PROD with PROPOSALS

RIN 2105–AD86. OST’s plain language Modernization and Reform Act of 2012 Permits
review indicates no need for substantial regarding the carriage of musical • Section 610: OST conducted a
revision on that basis. instruments as carry-on baggage or Section 610 review of this part and
14 CFR part 248—Submission of Audit checked baggage on commercial found no SEISNOSE.
Reports passenger flights operated by air • General: No changes are needed.
• Section 610: OST conducted a carriers. The rule text implements the OST plain language review of these
Section 610 review of this part and statute verbatim. There is no further rules indicates no need for substantial
found no SEISNOSE. action necessary. revision.

VerDate Sep<11>2014 19:21 Jan 11, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\12JAP13.SGM 12JAP13

1908 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda

14 CFR part 214—Terms, Conditions, Civilian Scheduled, Charter, and of the current statute (49 U.S.C., Subtitle
and Limitations of Foreign Air Carrier Nonscheduled Services VII). As a result, OST will be conducting
Permits Authorizing Charter • Section 610: OST conducted a a rulemaking to update the economic
Transportation Only Section 610 review of this part and regulations by modifying language to
• Section 610: OST conducted a found no SEISNOSE. reflect current statutory provisions. See
Section 610 review of this part and • General: The reviews performed for RIN 2105–AD86. OST’s plain language
found no SEISNOSE. the Aviation Clean-up Rule (RIN 2105– review indicates no need for substantial
• General: Since this rule was AD86) revealed general updates are revision on that basis.
enacted, the Federal Aviation Act was needed. All changes are incorporated 14 CFR part 223—Free and Reduced-
revised and recodified within Subtitle into this rule. OST’s plain language Rate Transportation
VII of Title 49 of the United States Code review indicated no need for substantial • Section 610: OST conducted a
(Pub. L. 103–272, July 5, 1994). Since revision on that basis. Section 610 review of this part and
the codification, the Department has 14 CFR part 218—Lease by Foreign Air found no SEISNOSE.
made numerous amendments to make Carrier or Other Foreign Person of • General: Since this rule was
the CFR consistent with the provisions Aircraft With Crew enacted, the Federal Aviation Act was
of the current statute (49 U.S.C., Subtitle revised and recodified within Subtitle
VII). As a result, OST will be conducting • Section 610: OST conducted a
VII of Title 49 of the United States Code
a rulemaking to update the economic Section 610 review of this part and
(Pub. L. 103–272, July 5, 1994). Since
regulations by modifying language to found no SEISNOSE.
the codification, the Department has
reflect current statutory provisions. See • General: Since this rule was
made numerous amendments to make
RIN 2105–AD86. OST’s plain language enacted, the Federal Aviation Act was
the CFR consistent with the provisions
review indicates no need for substantial revised and recodified within Subtitle
of the current statute (49 U.S.C., Subtitle
revision on that basis. VII of Title 49 of the United States Code
VII). As a result, OST will be conducting
(Pub. L. 103–272, July 5, 1994). Since
14 CFR part 215—Use and Change of a rulemaking to update the economic
the codification, the Department has regulations by modifying language to
Names of Air Carriers, Foreign Air
Carriers, and Commuter Air Carriers made numerous amendments to make reflect current statutory provisions. See
the CFR consistent with the provisions
• Section 610: OST conducted a of the current statute (49 U.S.C., Subtitle
RIN 2105–AD86. OST’s plain language
Section 610 review of this part and review indicates no need for substantial
VII). As a result, OST will be conducting revision on that basis.
found no SEISNOSE.
a rulemaking to update the economic
• General: Since this rule was 14 CFR part 232—Transportation of
regulations by modifying language to
enacted, the Federal Aviation Act was Mail, Review of Orders of Postmaster
revised and recodified within Subtitle reflect current statutory provisions. See
General
RIN 2105–AD86. OST’s plain language
VII of Title 49 of the United States Code
review indicates no need for substantial • Section 610: OST conducted a
(Pub. L. 103–272, July 5, 1994). Since Section 610 review of this part and
the codification, the Department has revision on that basis.
found no SEISNOSE.
made numerous amendments to make 14 CFR part 221—Tariffs • General: Part 232 established
the CFR consistent with the provisions • Section 610: OST conducted a procedures for a party aggrieved by an
of the current statute (49 U.S.C., Subtitle Section 610 review of this part and order of the Postmaster General to
VII). As a result, OST will be conducting found no SEISNOSE. request a review by DOT. In 2008,
a rulemaking to update the economic • General: Since this rule was amendments to 49 U.S.C. 41902
regulations by modifying language to enacted, the Federal Aviation Act was removed from the statute the authority
reflect current statutory provisions. See revised and recodified within Subtitle for the Secretary of Transportation to
RIN 2105–AD86. OST’s plain language VII of Title 49 of the United States Code amend, modify, suspend, or cancel an
review indicates no need for substantial (Pub. L. 103–272, July 5, 1994). Since order of the Postal Service (Pub. L. 110–
revision on that basis. the codification, the Department has 405, Jan. 4, 2008). Accordingly, the
14 CFR part 216—Commingling of Blind made numerous amendments to make statutory basis for part 232 regulations
Sector Traffic by Foreign Air Carriers the CFR consistent with the provisions no longer exists and part 232 should be
• Section 610: OST conducted a of the current statute (49 U.S.C., Subtitle removed. See RIN 2105–AD86. OST’s
Section 610 review of this part and VII). As a result, OST will be conducting plain language review indicates no need
found no SEISNOSE. a rulemaking to update the economic for substantial revision on that basis.
• General: Since this rule was regulations by modifying language to
reflect current statutory provisions. See Year 2 (Fall 2009) List of Rules With
enacted, the Federal Aviation Act was Ongoing Analysis
revised and recodified within Subtitle RIN 2105–AD86. OST’s plain language
VII of Title 49 of the United States Code review indicates no need for substantial 48 CFR part 1200—[Reserved]
(Pub. L. 103–272, July 5, 1994). Since revision on that basis. 48 CFR part 1201—Federal Acquisition
the codification, the Department has 14 CFR part 222—Intermodal Cargo Regulations System
Services by Foreign Air Carriers 48 CFR part 1202—Definitions of Words
made numerous amendments to make
and Terms—
the CFR consistent with the provisions • Section 610: OST conducted a 48 CFR part 1203—Improper Business
of the current statute (49 U.S.C., Subtitle Section 610 review of this part and Practices and Personal Conflicts of
VII). As a result, OST will be conducting found no SEISNOSE.
sradovich on DSK3GMQ082PROD with PROPOSALS

Interest
a rulemaking to update the economic • General: Since this rule was 48 CFR part 1204—Administrative
regulations by modifying language to enacted, the Federal Aviation Act was Matters
reflect current statutory provisions. See revised and recodified within Subtitle 48 CFR part 1205—Publicizing Contract
RIN 2105–AD86. OST’s plain language VII of Title 49 of the United States Code Actions
review indicates no need for substantial (Pub. L. 103–272, July 5, 1994). Since 48 CFR part 1206—Competition
revision on that basis. the codification, the Department has Requirements
14 CFR part 217—Reporting Traffic made numerous amendments to make 48 CFR part 1207—Acquisition
Statistics by Foreign Air Carriers in the CFR consistent with the provisions Planning

VerDate Sep<11>2014 19:21 Jan 11, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\12JAP13.SGM 12JAP13

Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 1909

48 CFR part 1208–1210—[Reserved] Practices Act of 1974 was revised and VII of Title 49 of the United States Code
48 CFR part 1211—Describing Agency recodified within Subtitle VII of Title 49 (Pub. L. 103–272, July 5, 1994). Since
Needs of the United States Code (Pub. L. 103– the codification, the Department has
48 CFR part 1212—[Reserved] 272, July 5, 1994). Furthermore, under made numerous amendments to make
48 CFR part 1213—Simplified the Airline Deregulation Act of 1978, the CFR consistent with the provisions
Acquisition Procedures the authority of the Civil Aeronautics of the current statute (49 U.S.C., Subtitle
48 CFR part 1214—Sealed Bidding Board was transferred to the Department VII). As a result, OST will be conducting
48 CFR part 1215—Contracting By of Transportation. As a result, OST will a rulemaking to update the economic
Negotiation seek to conduct a rulemaking to rescind regulations by modifying language to
48 CFR part 1216—Types of Contracts the rule. OST’s plain language review reflect current statutory provisions. See
48 CFR part 1217—Special Contracting indicates no need for substantial RIN 2105–AD86. OST’s plain language
Methods revision on that basis. review indicates no need for substantial
48 CFR part 1218—[Reserved] 49 CFR part 92—Recovering Debts to the revision on that basis.
48 CFR part 1219—Small Business United States by Salary Offset 14 CFR part 201—Air Carrier Authority
Programs
• Section 610: OST conducted a Under Subtitle VII of Title 49 of the
48 CFR part 1220—1221—[Reserved] United States Code [Amended]
Section 610 review of this part and
48 CFR part 1222—Application of Labor • Section 610: OST conducted a
found no SEISNOSE.
Laws To Government Acquisitions
• General: Changes are needed to Section 610 review of this part and
48 CFR part 1223—Environment, Energy found no SEISNOSE.
make the regulations current regarding
and Water Efficiency, Renewable • General: Since this rule was
certain administrative updates and
Energy Technologies, Occupational enacted, the Federal Aviation Act was
removal of outdated language. These
Safety, and Drug-Free Workplace revised and recodified within Subtitle
regulations are cost effective and impose
48 CFR part 1224—Protection of Privacy VII of Title 49 of the United States Code
the least burden. OST’s plain language
and Freedom of Information (Pub. L. 103–272, July 5, 1994). Since
review of these rules indicates no need
48 CFR part 1225–1226—[Reserved] the codification, the Department has
for substantial revision.
48 CFR part 1227—Patents, Data, and made numerous amendments to make
Copyrights 49 CFR part 93—Aircraft Allocation
the CFR consistent with the provisions
48 CFR part 1228—Bonds and Insurance • Section 610: OST conducted a
of the current statute (49 U.S.C., Subtitle
48 CFR part 1229–130—[Reserved] Section 610 review of this part and
VII). As a result, OST will be conducting
48 CFR part 1231—Contract Cost found no SEISNOSE.
a rulemaking to update the economic
Principles and Procedures • General: Upon OST review of this
regulations by modifying language to
48 CFR part 1232—Contract Financing rule it is recommended that to
reflect current statutory provisions. See
48 CFR part 1233—Protests, Disputes, regulation is repealed. However, before
RIN 2105–AD86. OST’s plain language
and Appeals moving forward DOT will need to
review indicates no need for substantial
48 CFR part 1234—[Reserved] ascertain if this action would impact
revision on that basis.
48 CFR part 1235—Research and DOD’s implementation of the Civil
Development Contracting Reserve Air fleet Program. OST’s plain 14 CFR part 203—Waiver of Warsaw
48 CFR part 1236—Construction and language review of these rules indicates Convention Liability Limits and
Architect-Engineer Contracts no need for substantial revision. Defenses
48 CFR part 1237—Service Contracting 49 CFR part 98—Enforcement of • Section 610: OST conducted a
48 CFR part 1238—[Reserved] Restrictions on Post-Employment Section 610 review of this part and
48 CFR part 1239—Acquisition of Activities found no SEISNOSE.
Information Technology • General: Since this rule was
• Section 610: OST conducted a
48 CFR part 1240–1241—[Reserved] enacted, the Federal Aviation Act was
Section 610 review of this part and
48 CFR part 1242—Contract revised and recodified within Subtitle
found no SEISNOSE.
Administration and Audit Services VII of Title 49 of the United States Code
• General: OST is considering a
48 CFR part 1243–1244—[Reserved] (Pub. L. 103–272, July 5, 1994). Since
rulemaking to rescind this rule since
48 CFR part 1245—Government the codification, the Department has
there is already adequate procedure for
Property made numerous amendments to make
referral of violations of the criminal
48 CFR part 1246—Quality Assurance the CFR consistent with the provisions
post-Government employment rules to
48 CFR part 1247—Transportation of the current statute (49 U.S.C., Subtitle
the Inspector General or the Department
48 CFR part 1248–1251—[Reserved] VII). As a result, OST will be conducting
of Justice. See 5 CFR 2638.502.
48 CFR part 1252—Solicitation a rulemaking to update the economic
49 CFR part 99—Employee
Provisions and Contract Clauses regulations by modifying language to
Responsibilities and Conduct
48 CFR part 1253—Forms reflect current statutory provisions. See
48 CFR part 1254–1299—Reserved • Section 610: OST conducted a RIN 2105–AD86. OST’s plain language
Section 610 review of this part and review indicates no need for substantial
Year 1 (Fall 2008) List of Rules found no SEISNOSE. revision on that basis.
Analyzed and a Summary of Results • General: Recommend rulemaking to 14 CFR part 204—Data to Support
49 CFR part 91—International Air rescind this rule. Fitness Determinations
sradovich on DSK3GMQ082PROD with PROPOSALS

Transportation Fair Competitive 14 CFR part 200—Definitions and • Section 610: OST conducted a
Practices Instructions Section 610 review of this part and
• Section 610: OST conducted a • Section 610: OST conducted a found no SEISNOSE.
Section 610 review of this part and Section 610 review of this part and • General: Since this rule was
found no SEISNOSE. found no SEISNOSE. enacted, the Federal Aviation Act was
• General: Since this rule was • General: Since this rule was revised and recodified within Subtitle
enacted, the International Air enacted, the Federal Aviation Act was VII of Title 49 of the United States Code
Transportation Fair Competitive revised and recodified within Subtitle (Pub. L. 103–272, July 5, 1994). Since

VerDate Sep<11>2014 19:21 Jan 11, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\12JAP13.SGM 12JAP13

1910 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda

the codification, the Department has • General: OST’s general review of • Section 610: OST conducted a
made numerous amendments to make the regulations indicates that they may Section 610 review of this part and
the CFR consistent with the provisions be duplicative of the regulations of 14 found no SEISNOSE.
of the current statute (49 U.S.C., Subtitle CFR part 212. Therefore, OST will • General: Since this rule was
VII). As a result, OST will be conducting conduct a rulemaking to evaluate the enacted, the Federal Aviation Act was
a rulemaking to update the economic necessity of part 207 and to rescind it revised and recodified within Subtitle
regulations by modifying language to if necessary. See RIN 2105–AD86. OST’s
VII of Title 49 of the United States Code
reflect current statutory provisions. See plain language review of these rules
(Pub. L. 103–272, July 5, 1994). Since
RIN 2105–AD86. OST’s plain language indicates no need for substantial
the codification, the Department has
review indicates no need for substantial revision on that basis.
revision on that basis. made numerous amendments to make
14 CFR part 208—Charter Trips by U.S. the CFR consistent with the provisions
14 CFR part 205—Aircraft Accident Charter Air Carriers of the current statute (49 U.S.C., Subtitle
Liability Insurance • Section 610: OST conducted a VII). As a result, OST will be conducting
• Section 610: OST conducted a Section 610 review of this part and a rulemaking to update the economic
Section 610 review of this part and found no SEISNOSE. regulations by modifying language to
found no SEISNOSE. • General: OST’s general review of
• General: Since this rule was reflect current statutory provisions. See
the regulations indicates that they may
enacted, the Federal Aviation Act was RIN 2105–AD86. OST’s plain language
be duplicative of the regulations of 14
revised and recodified within Subtitle review indicates no need for substantial
CFR part 212. Therefore, OST will
VII of Title 49 of the United States Code revision on that basis.
conduct a rulemaking to evaluate the
(Pub. L. 103–272, July 5, 1994). Since necessity of part 208 and to rescind it Federal Aviation Administration
the codification, the Department has if necessary. See RIN 2105–AD86. OST’s
made numerous amendments to make plain language review of these rules Section 610 and Other Reviews
the CFR consistent with the provisions indicates no need for substantial Section 610 Review Plan and Summary
of the current statute (49 U.S.C., Subtitle revision on that basis.
VII). As a result, OST will be conducting 14 CFR part 211—Applications for The Federal Aviation Administration
a rulemaking to update the economic Permits to Foreign Air Carriers (FAA) has elected to use the two-step,
regulations by modifying language to • Section 610: OST conducted a two-year process used by most
reflect current statutory provisions. See Section 610 review of this part and Department of Transportation (DOT)
RIN 2105–AD86. OST’s plain language found no SEISNOSE. modes in past plans. As such, the FAA
review indicates no need for substantial • General: Since this rule was has divided its rules into 10 groups as
revision on that basis. enacted, the Federal Aviation Act was displayed in the table below. During the
14 CFR part 206—Certificates of Public revised and recodified within Subtitle first year (the ‘‘analysis year’’), all rules
Convenience and Necessity: Special VII of Title 49 of the United States Code published during the previous 10 years
Authorizations and Exemptions (Pub. L. 103–272, July 5, 1994). Since within a 10% block of the regulations
• Section 610: OST conducted a the codification, the Department has will be analyzed to identify those with
Section 610 review of this part and made numerous amendments to make a significant economic impact on a
found no SEISNOSE. the CFR consistent with the provisions substantial number of small entities
• General: No changes are needed. of the current statute (49 U.S.C., Subtitle (SEISNOSE). During the second year
These regulations are cost effective and VII). As a result, OST will be conducting (the ‘‘review year’’), each rule identified
impose the least burden. OST’s plain a rulemaking to update the economic in the analysis year as having a
language review of these rules indicates regulations by modifying language to SEISNOSE will be reviewed in
no need for substantial revision. reflect current statutory provisions. See accordance with Section 610 (b) to
14 CFR part 207—Charter Trips by U.S. RIN 2105–AD86. OST’s plain language determine if it should be continued
Scheduled Air Carriers review indicates no need for substantial without change or changed to minimize
• Section 610: OST conducted a revision on that basis. impact on small entities. Results of
Section 610 review of this part and 14 CFR part 212—Charter Rules for U.S. those reviews will be published in the
found no SEISNOSE. and Foreign Direct Air Carriers DOT Semiannual Regulatory Agenda.

Year Regulations to be reviewed Analysis year Review year

1 ........................ 14 CFR parts 417 through 460 ................................................................................................ 2017 2018
2 ........................ 14 CFR parts 119 through 129 and parts 150 through 156 .................................................... 2018 2019
3 ........................ 14 CFR parts 133 through 139 and parts 157 through 169 .................................................... 2019 2020
4 ........................ 14 CFR parts 141 through 147 and parts 170 through 187 .................................................... 2020 2021
5 ........................ 14 CFR parts 189 through 198 and parts 1 through 16 .......................................................... 2021 2022
6 ........................ 14 CFR parts 17 through 33 .................................................................................................... 2022 2023
7 ........................ 14 CFR parts 34 through 39 and parts 400 through 405 ........................................................ 2023 2024
8 ........................ 14 CFR parts 43 through 49 and parts 406 through 415 ........................................................ 2014 2025
9 ........................ 14 CFR parts 60 through 77 .................................................................................................... 2025 2026
10 ...................... 14 CFR parts 91 through 105 .................................................................................................. 2026 2027
sradovich on DSK3GMQ082PROD with PROPOSALS

Background on the Regulatory requires Federal regulatory agencies to small governmental jurisdictions. The
Flexibility Act analyze all proposed and final rules to primary purpose of the RFA is to
determine their economic impact on establish as a principle of regulatory
The Regulatory Flexibility Act of 1980 small entities, which includes small issuance that Federal agencies endeavor,
as amended (RFA), (§§ 601 through 612 businesses, small organizations, and consistent with the objectives of the rule
of Title 5, United States Code (5 U.S.C.))

VerDate Sep<11>2014 19:21 Jan 11, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\12JAP13.SGM 12JAP13

Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 1913

written in clear and unambiguous liability, and financial matters. The rule practice which the carrier should
language, and should be retained. takes great pains to ‘‘exempt’’ carriers, is already be doing. The rule is written in
49 CFR part 376—Lease and Interchange written in clear and unambiguous clear and unambiguous language and
of Vehicles language, and should be retained. should be retained.
• Section 610: There is no 49 CFR part 379—Preservation of Year 9 (2015) List of Rules With
SEIOSNOSE. FMCSA requires certain Records Ongoing Analysis
authorized carriers that transport • Section 610: There is no
equipment (that it does not own) to SEIOSNOSE. The rule requires certain 49 CFR part 375—Transportation of
retain a lease, and maintain appropriate companies to retain, protect, store, and household goods in interstate
equipment records. as appropriate, dispose of records in commerce; consumer protection
• General: These regulations are cost accordance with minimum retention regulations
effective and impose almost no additive periods stipulated in appendix A of part Year 10 (2016) List of Rules That Will
financial burden upon the carrier. The 379. be Analyzed During the Next Year
rule principally defines the conditions • General: These regulations are cost
by which certain carriers must retain effective and impose almost no additive 49 CFR part 395—Hours of Service of
leasing documents, insurance, financial financial burden upon the carrier. Drivers
and other related documentation. The Retaining financial, contractual,
National Highway Traffic Safety
stipulations in the rule are consistent property/equipment, taxes, shipping
Administration
with prudent business practices in and other supporting business
support of customer service, accident documents represent a prudent business Section 610 and Other Reviews

Year Regulations to be reviewed Analysis year Review year

1 ........................ 49 CFR parts 571.223 through 571.500, and parts 575 and 579 ........................................... 2008 2009
2 ........................ 23 CFR parts 1200 through 1300 ............................................................................................ 2009 2010
3 ........................ 49 CFR parts 501 through 526 and 571.213 ........................................................................... 2010 2011
4 ........................ 49 CFR parts 571.131, 571.217, 571.220, 571.221, and 571.222 .......................................... 2011 2012
5 ........................ 49 CFR parts 571.101 through 571.110, and 571.135, 571.138, and 571.139 ...................... 2012 2013
6 ........................ 49 CFR parts 529 through 578, except parts 571 and 575 ..................................................... 2013 2014
7 ........................ 49 CFR parts 571.111 through 571.129 and parts 580 through 588 ...................................... 2014 2015
8 ........................ 49 CFR parts 571.201 through 571.212 .................................................................................. 2015 2016
9 ........................ 49 CFR parts 571.214 through 571.219, except 571.217 ....................................................... 2016 2017
10 ...................... 49 CFR parts 591 through 595 and new parts and subparts .................................................. 2017 2018

Year 9 (Fall 2016) List of Rules With 49 CFR part 571.219—Windshield Zone Part 593 Determinations That a Vehicle
Ongoing Analysis Intrusion not Originally Manufactured to
49 CFR part 571.214—Side Impact Year 10 (Fall 2017) List of Rules That Conform to the Federal Motor Vehicle
Protection Will be Analyzed During the Next Year Safety Standards Is Eligible for
49 CFR part 571.215—[Reserved] Importation
Part 591 Importation of Vehicles and
49 CFR part 571.216—Roof Crush Equipment Subject to Federal Safety, Part 594 Schedule of Fees Authorized
Resistance; Applicable Unless a Bumper and Theft Prevention by 49 U.S.C. 30141
Vehicle Is Certified to 571.216a Standards Part 595 Make Inoperative Exemptions
49 CFR part 571.216a—Roof Crush Part 592 Registered Importers of
Resistance; Upgraded Standard Vehicles not Originally Manufactured Federal Railroad Administration
49 CFR part 571.218—Motorcycle to Conform to the Federal Motor Section 610 and Other Reviews
Helmets Vehicle Safety Standards

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, and 240 ..................................................................... 2017 2018
sradovich on DSK3GMQ082PROD with PROPOSALS

Year 9 (Fall 2016) List of Rules • Section 610: There is no zones established and maintained in
Analyzed and a Summary of Results SEIOSNOSE. accordance with this rule. FRA’s plain
• General: The purpose of this rule is language review of this rule indicates no
49 CFR part 222—Use of Locomotive to provide for safety at public highway- need of substantial revision.
Horns at Public Highway-Rail Grade rail grade crossings by requiring
Crossings 49 CFR part 227—Occupational Noise
locomotive horn use at public highway-
Exposure
rail grade crossings except in quiet

VerDate Sep<11>2014 19:21 Jan 11, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\12JAP13.SGM 12JAP13

1914 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda

• Section 610: There is no of this rule indicates no need for on certain sections under Part 260 in
SEIOSNOSE. substantial revision. administering the RRIF program.
• General: The main objective of the 49 CFR part 250—Guarantee of 49 CFR part 266—Assistance to States
rule is to protect the occupational health Certificates of Trustees of Railroads in for Local Rail Service Under Section
and safety of employees whose Reorganization 5 of the Department of Transportation
predominant noise exposure occurs in • Section 610: There is no Act
the locomotive cab. The rule prescribes SEIOSNOSE.
minimum Federal health and safety • General: The purpose of this rule is • Section 610: There is no
noise standards for locomotive cab to describe the requirements regarding SEIOSNOSE.
occupants. This rule does not restrict a form and content of applications, • General: The purpose of the rule is
railroad or railroad contractor from required exhibits, fees, execution and to provide assistance to States for local
adopting and enforcing additional or filing of applications and general rail service which includes: Rail service
more stringent requirements. FRA’s instructions to obtain guarantee of continuation assistance; acquisition
plain language review of this rule certificates by the Secretary of assistance; rehabilitation or
indicates no need for substantial Transportation for trustees of railroads improvement assistance; substitute
revision. in reorganization under the former service assistance; rail facility
49 CFR part 235—Instructions Section 77 of the Bankruptcy Act. FRA’s construction assistance; planning
Governing Applications for Approval plain language review of this rule assistance; and program operations
of a Discontinuance or Material indicates no need for substantial assistance.
Modification of a Signal System or revision. However, there are special limitations
Relief from the Requirements of Part 49 CFR part 260—Regulations on planning assistance and program
236 Governing Loans and Loan operations assistance. No appropriations
• Section 610: There is no Guarantees Under the Railroad are currently available for providing the
SEIOSNOSE. Rehabilitation and Improvement assistance. FRA is currently evaluating
• General: Since the rule prescribes Financing Program whether 49 CFR part 266 should be
instructions regarding applications for • Section 610: The Railroad rescinded because FRA does not
approval of a discontinuance or material Rehabilitation and Improvement anticipate future funding of the
modification of a signal system or relief Financing Program, which operates programs concerned.
from the requirements of Part 236, it under regulations in 49 CFR part 260
promotes and enhances the safety of Year 10 (Fall 2017) List of Rule(s) That
‘‘Regulations Governing Loans and Loan Will be Analyzed During Next Year
railroad operations. FRA’s plain Guarantees under the Railroad
language review of this rule indicates no Rehabilitation and Improvement 49 CFR part 213—Track Safety
need for substantial revision. Financing Program’’, are now Standards
49 CFR part 236—Rules, Standards and administered by the Executive Director 49 CFR part 220—Railroad
Instructions Governing the of the Build America Bureau. The Build Communications
Installation, Inspection, Maintenance America Bureau is reviewing the
and Repair of Signal and Train 49 CFR part 230—Steam Locomotive
regulations to determine what updates Inspection and Maintenance
Control Systems, Devices and are necessary. Standards
Appliances • General: The purpose of this rule is
49 CFR part 232—Brake System Safety
• Section 610: There is no to provide direct loans and loan
guarantees to eligible applicants, Standards for Freight and Other Non-
SEIOSNOSE.
• General: Since the rule prescribes including State and local governments, Passenger Trains and Equipment; End
standards and instructions about the government sponsored authorities and of Train Devices
installation, inspection, maintenance corporations and railroads. FRA is 49 CFR part 239—Passenger Train
and repair of signal and train control assessing in, consultation with the Build Emergency Preparedness
systems, devices and appliances, and America Bureau, how to revise 49 CFR 49 CFR part 240—Qualification and
performance-based safety standards for part 260 to reflect the RRIF program Certification of Locomotive Engineers
PTC systems, it will promote and transfer. FRA is not rescinding the
Federal Transit Administration
enhance the safety of railroad regulations at this time because the
operations. FRA’s plain language review Build America Bureau necessarily relies Section 610 and Other Reviews

Year Regulations to be reviewed Analysis year Review year

1 ........................ 49 CFR parts 604, 605, and 633 ............................................................................................. 2008 2009
2 ........................ 49 CFR parts 661 and 665 ....................................................................................................... 2009 2010
3 ........................ 49 CFR part 633 ....................................................................................................................... 2010 2011
4 ........................ 49 CFR parts 609 and 611 ....................................................................................................... 2011 2012
5 ........................ 49 CFR parts 613 and 614 ....................................................................................................... 2012 2013
6 ........................ 49 CFR part 622 ....................................................................................................................... 2013 2014
7 ........................ 49 CFR part 630 ....................................................................................................................... 2014 2015
8 ........................ 49 CFR part 639 ....................................................................................................................... 2015 2016
sradovich on DSK3GMQ082PROD with PROPOSALS

9 ........................ 49 CFR parts 659 and 663 ....................................................................................................... 2016 2017
10 ...................... 49 CFR part 665 ....................................................................................................................... 2017 2018

VerDate Sep<11>2014 19:21 Jan 11, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\12JAP13.SGM 12JAP13

1916 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda

Year Regulations to be reviewed Analysis year Review year

7 ........................ 49 CFR parts 176 and 199 ....................................................................................................... 2014 2015
8 ........................ 49 CFR parts 172 and 178 ....................................................................................................... 2015 2016
9 ........................ 49 CFR parts 172, 173, 174, 176, 177, and 193 ..................................................................... 2016 2017
10 ...................... 49 CFR parts 173 and 194 ....................................................................................................... 2017 2018

Year 9 (Fall 2017) List of Rules Civil Aviation Organization’s Technical The impact that it will have on small
Analyzed and a Summary of Results Instructions (ICAO TI) for the Safe entities is not expected to be significant.
49 CFR parts 172, 173, 174, 176, and Transport of Dangerous Goods by Air, The final rule clarified provisions based
177—Hazardous Materials Table, and the United Nations (UN) on PHMSA’s initiatives and
Special Provisions, Hazardous Recommendations on the Transport of correspondence with the regulated
Materials Communications, Dangerous Goods—Model Regulations. community and domestic and
Emergency Response Information, Additionally, PHMSA adopted several international stakeholders. The changes
Training Requirements, and Security amendments to the HMR that resulted are generally intended to provide relief
Plans; Shippers—General from coordination with Canada under and, as a result, marginal positive
the U.S.-Canada Regulatory Cooperation economic benefits to shippers, carriers,
Requirements for Shipments and
Council. and packaging manufacturers and
Packagings; Carriage by Rail; Carriage
This rulemaking action is part of our testers, including small entities. These
by Vessel; and Carriage by Public ongoing biennial process to harmonize
Highway. benefits are not at a level that can be
the HMR with international regulations considered economically significant.
• Section 610: There is no and standards. Federal law and policy Consequently, this final rule will not
SEIOSNOSE. A substantial number of strongly favor the harmonization of have a significant economic impact on
small entities may be affected by this domestic and international standards for a substantial number of small entities.
rule, but the economic impact on those hazardous materials transportation. The PHMSA’s plain language review of this
entities is not significant. Plain Federal hazardous materials rule indicates no need for substantial
Language: PHMSA’s plain language transportation law (Federal hazmat law; revision.
review of this rule indicates no need for 49 U.S.C. 5101 et seq.) directs PHMSA
substantial revision. Where confusing or to participate in relevant international 49 CFR part 193—Liquefied Natural Gas
wordy language has been identified, standard-setting bodies and promotes Facilities: Federal Safety Standards
revisions will be proposed in the consistency of the HMR with • Section 610: There is no
upcoming biennial international international transport standards to the SEIOSNOSE.
harmonization rulemaking. extent practicable. Federal hazmat law • General: This rule prescribes safety
• General: On March 30, 2017, permits PHMSA to depart from standards for LNG facilities used in the
PHMSA issued a final rule titled international standards where transportation of gas by pipeline that is
‘‘Hazardous Materials: Harmonization appropriate, including to promote safety subject to the pipeline safety laws (49
with International Standards’’ that or other overriding public interests. U.S.C. 60101 et seq.) and Part 192.
amended the Hazardous Materials However, Federal hazmat law otherwise PHMSA’s plain language review of this
Regulations (HMR) to maintain encourages domestic and international rule indicates no need for substantial
consistency with international harmonization (see 49 U.S.C. 5120). revision.
regulations and standards by Harmonization facilitates
Year 10 (fall 2018) List of Rules That
incorporating various amendments, international trade by minimizing the
Will be Analyzed During the Next Year
including changes to proper shipping costs and other burdens of complying
names, hazard classes, packing groups, with multiple or inconsistent safety 49 CFR part 173—Shippers—General
special provisions, packaging requirements for transportation of Requirements for Shipments and
authorizations, air transport quantity hazardous materials. Safety is enhanced Packagings
limitations, and vessel stowage by creating a uniform framework for 49 CFR part 194—Response Plans for
requirements (82 FR 15796). These compliance, and as the volume of Onshore Oil Pipelines
revisions were necessary to harmonize hazardous materials transported in
Saint Lawrence Seaway Development
the HMR with recent changes made to international commerce continues to
Corporation
the International Maritime Dangerous grow, harmonization becomes
Goods (IMDG) Code, the International increasingly important. Section 610 and Other Reviews

Year Regulations to be reviewed Analysis year Review year

1 ........................ 33 CFR parts 401 through 403 ................................................................................................ 2017 2018

Year 1 (Fall 2008) List of Rules With 33 CFR part 402—Tariff of Tolls
sradovich on DSK3GMQ082PROD with PROPOSALS

Ongoing Analysis 33 CFR part 403—Rules of Procedure of
33 CFR part 401—Seaway Regulations the Joint Tolls Review Board
and Rules

VerDate Sep<11>2014 19:21 Jan 11, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\12JAP13.SGM 12JAP13

$Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 1917 FEDERAL AVIATION ADMINISTRATION—PRERULE STAGE Regulation Sequence No. Title Identifier No. 293 .................... + Applying the Flight, Duty, and Rest Rules of 14 CFR Part 135 to Tail-End Ferry Operations (FAA Reau- 2120–AK26 thorization). + DOT-designated significant regulation. FEDERAL AVIATION ADMINISTRATION—PROPOSED RULE STAGE Regulation Sequence No. Title Identifier No. 294 .................... Drug and Alcohol Testing of Certain Maintenance Provider Employees Located Outside of the United 2120–AK09 States. 295 .................... + Applying the Flight, Duty, and Rest Requirements to Ferry Flights That Follow Domestic, Flag, or Sup- 2120–AK22 plemental All-Cargo Operations (Reauthorization). 296 .................... + Pilot Records Database (HR 5900) (Reg Plan Seq No. 71) ....................................................................... 2120–AK31 297 .................... + Aircraft Registration and Airmen Certification Fees ...................................................................................... 2120–AK37 298 .................... + Requirements to File Notice of Construction of Meteorological Evaluation Towers and Other Renewable 2120–AK77 Energy Projects (Section 610 Review). 299 .................... + Operations of Small Unmanned Aircraft Over People (Reg Plan Seq No. 73) ........................................... 2120–AK85 + 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. 300 .................... + Airport Safety Management System ............................................................................................................. 2120–AJ38 301 .................... Updates to Rulemaking and Waiver Procedures and Expansion of the Equivalent Level of Safety Option 2120–AK76 (Section 610 Review). 302 .................... +Registration and Marking Requirements for Small Unmanned Aircraft (Reg Plan Seq No. 76) ................. 2120–AK82 + DOT-designated significant regulation. References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. FEDERAL AVIATION ADMINISTRATION—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 303 .................... + Regulation Of Flight Operations Conducted By Alaska Guide Pilots ........................................................... 2120–AJ78 304 .................... + Helicopter Air Ambulance Pilot Training and Operational Requirements (HAA II) (FAA Reauthorization) .. 2120–AK57 + DOT-designated significant regulation. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—PROPOSED RULE STAGE Regulation Sequence No. Title Identifier No. 305 .................... Motorcoach Lap/Shoulder Seat Belts (Section 610 Review) .......................................................................... 2126–AC08 306 .................... Controlled Substances and Alcohol Testing: State Driver’s Licensing Agency Downgrade of Commercial 2126–AC11 Driver’s License (Section 610 Review). FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. sradovich on DSK3GMQ082PROD with PROPOSALS 307 .................... Commercial Learner’s Permit Validity (Section 610 Review) .......................................................................... 2126–AB98 308 .................... Incorporation by Reference; North American Standard Out-of-Service Criteria; Hazardous Materials Safety 2126–AC01 Permits (Section 610 Review). 309 .................... Fees for the Unified Carrier Plan and Agreement (Section 610 Review) ....................................................... 2126–AC03 VerDate Sep<11>2014 19:21 Jan 11, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\12JAP13.SGM 12JAP13$

1918 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—LONG-TERM ACTIONS
Regulation
Sequence No. Title Identifier No.

310 .................... + Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor Carriers Operating in 2126–AA35
the United States.
+ DOT-designated significant regulation.

FEDERAL RAILROAD ADMINISTRATION—FINAL RULE STAGE
Regulation
Sequence No. Title Identifier No.

311 .................... + Train Crew Staffing and Location .................................................................................................................. 2130–AC48
+ DOT-designated significant regulation.

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION—FINAL RULE STAGE
Regulation
Sequence No. Title Identifier No.

312 .................... Seaway Regulations and Rules: Periodic Update, Various Categories (Rulemaking Resulting From a Sec- 2135–AA43
tion 610 Review).
313 .................... Tariff of Tolls (Rulemaking Resulting From a Section 610 Review) ............................................................... 2135–AA44

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Sequence No. Title Identifier No.

314 .................... Pipeline Safety: Amendments to Parts 192 and 195 to Require Valve Installation and Minimum Rupture 2137–AF06
Detection Standards.

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—FINAL RULE STAGE
Regulation
Sequence No. Title Identifier No.

315 .................... + Pipeline Safety: Safety of Hazardous Liquid Pipelines (Reg Plan Seq No. 83) .......................................... 2137–AE66
316 .................... Pipeline Safety: Issues Related to the Use of Plastic Pipe in Gas Pipeline Industry (RRR) ......................... 2137–AE93
317 .................... + Hazardous Materials: Oil Spill Response Plans and Information Sharing for High-Hazard Flammable 2137–AF08
Trains (Reg Plan Seq No. 85).
+ DOT-designated significant regulation.
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.

DEPARTMENT OF TRANSPORTATION 44938; 49 U.S.C. 45101 to 45105; 49 Agency Contact: Dale Roberts,
(DOT) U.S.C. 46103 Department of Transportation, Federal
Abstract: This rulemaking would Aviation Administration, 800
Federal Aviation Administration (FAA) Independence Avenue SW, Washington,
require a flightcrew member employed
Prerule Stage by an air carrier conducting operations DC 20591, Phone: 202 267–5749, Email:
under part 135 and accepts an dale.roberts@faa.gov.
293. +Applying the Flight, Duty, and
additional assignment for flying under RIN: 2120–AK26
Rest Rules of 14 CFR Part 135 to Tail-
part 91 from the air carrier or from any
End Ferry Operations (FAA other air carrier conducting operations
Reauthorization) under part 121 or 135, to apply the
period of the additional assignment DEPARTMENT OF TRANSPORTATION
E.O. 13771 Designation: Regulatory. (DOT)
toward any limitation applicable to the
Legal Authority: 49 U.S.C. 106(g); 49 flightcrew member relating to duty
U.S.C. 1153; 49 U.S.C. 40101; 49 U.S.C. Federal Aviation Administration (FAA)
periods or flight times under part 135.
sradovich on DSK3GMQ082PROD with PROPOSALS

40102; 49 U.S.C. 40103; 49 U.S.C. Proposed Rule Stage
Timetable:
40113; 49 U.S.C. 41706; 49 U.S.C.
44105; 49 U.S.C. 44106; 49 U.S.C. 294. Drug and Alcohol Testing of
Action Date FR Cite Certain Maintenance Provider
44111; 49 U.S.C. 44701 to 44717; 49
Employees Located Outside of the
U.S.C. 44722; 49 U.S.C. 44901; 49 U.S.C. ANPRM ............... 04/00/18
United States
44903; 49 U.S.C. 44904; 49 U.S.C.
44906; 49 U.S.C. 44912; 49 U.S.C. Regulatory Flexibility Analysis E.O. 13771 Designation: Not subject
44914; 49 U.S.C. 44936; 49 U.S.C. Required: Yes. to, not significant.

VerDate Sep<11>2014 19:21 Jan 11, 2018 Jkt 244001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\12JAP13.SGM 12JAP13

Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 1923

313. • Tariff of Tolls (Rulemaking pipelines to improve rupture mitigation 316. Pipeline Safety: Issues Related to
Resulting From a Section 610 Review) and shorten pipeline segment isolation the Use of Plastic Pipe in Gas Pipeline
E.O. 13771 Designation: Not subject times in high consequence and select Industry (RRR)
to, not significant. non-high consequence areas. The E.O. 13771 Designation: Deregulatory.
Legal Authority: 33 U.S.C. 981 et seq. proposed rule defines certain pipeline Legal Authority: 49 U.S.C. 60101 et
Abstract: The Saint Lawrence Seaway events as ‘‘ruptures’’ and outlines seq.
Development Corporation (SLSDC) and certain performance standards related to Abstract: PHMSA is amending the
the St. Lawrence Seaway Management rupture identification and pipeline Federal Pipeline Safety Regulations that
Corporation (SLSMC) of Canada, under segment isolation. PHMSA also govern the use of plastic piping systems
international agreement, jointly publish proposes specific valve maintenance in the transportation of natural and
and presently administer the St. and inspection requirements, and 9–1– other gas. These amendments are
Lawrence Seaway Tariff of Tolls in their 1 notification requirements to help necessary to enhance pipeline safety,
respective jurisdictions. The Tariff sets operators achieve better rupture adopt innovative technologies and best
forth the level of tolls assessed on all response and mitigation. These practices, and respond to petitions from
commodities and vessels transiting the proposals address Congressional stakeholders. The amendments include
facilities operated by the SLSDC and the mandates, incorporate an increased design factor for
SLSMC. The SLSDC is revising its recommendations from the National polyethylene (PE) pipe; stronger
regulations to reflect the fees and Transportation Safety Board, and are mechanical fitting requirements; new
charges levied by the SLSMC in Canada, necessary to reduce the serious and updated riser standards; new
starting in the 2018 navigations season. consequences of large-volume, accepted uses of Polyamide-11 (PA-11)
Timetable: uncontrolled releases of natural gas and thermoplastic pipe; authorization to use
hazardous liquids. Polyamide-12 (PA-12) thermoplastic
Action Date FR Cite pipe; and new or updated consensus
Timetable:
Final Rule ............ 02/00/18
standards for pipe, fittings, and other
Action Date FR Cite components.
Regulatory Flexibility Analysis Timetable:
Required: No. NPRM .................. 04/00/18
Agency Contact: Carrie Lavigne, Action Date FR Cite
Department of Transportation, Saint Regulatory Flexibility Analysis NPRM .................. 05/21/15 80 FR 29263
Lawrence Seaway Development Required: Yes. NPRM Comment 07/31/15
Corporation, 1200 New Jersey Avenue Agency Contact: Robert Jagger, Period End.
SE, Washington, DC 20590, Phone: 315 Technical Writer, Department of Final Rule ............ 08/00/18
764–3231, Email: carrie.mann@dot.gov.
Transportation, Pipeline and Hazardous
RIN: 2135–AA44 Regulatory Flexibility Analysis
Materials Safety Administration, 1200
Required: Yes.
New Jersey Avenue, Washington, DC
Agency Contact: Cameron H.
20590, Phone: 202–366–4595, Email:
DEPARTMENT OF TRANSPORTATION Satterthwaite, Transportation
robert.jagger@dot.gov.
(DOT) Regulations Specialist, Department of
RIN: 2137–AF06 Transportation, Pipeline and Hazardous
Pipeline and Hazardous Materials Materials Safety Administration, 1200
Safety Administration (PHMSA) New Jersey Avenue SE, Washington, DC
Proposed Rule Stage DEPARTMENT OF TRANSPORTATION 20590, Phone: 202–366–8553, Email:
(DOT) cameron.satterthwaite@dot.gov.
314. Pipeline Safety: Amendments to RIN: 2137–AE93
Parts 192 and 195 To Require Valve Pipeline and Hazardous Materials
Installation and Minimum Rupture 317. +Hazardous Materials: Oil Spill
Safety Administration (PHMSA)
Detection Standards. Response Plans and Information
Final Rule Stage Sharing for High-Hazard Flammable
E.O. 13771 Designation: Regulatory. Trains
Legal Authority: 49 U.S.C. 60101 et 315. +Pipeline Safety: Safety of
seq. Hazardous Liquid Pipelines Regulatory Plan: This entry is Seq.
Abstract: PHMSA is proposing to No. 85 in part II of this issue of the
revise the Pipeline Safety Regulations Regulatory Plan: This entry is Seq. Federal Register.
applicable to newly constructed or No. 83 in part II of this issue of the RIN: 2137–AF08
entirely replaced natural gas Federal Register. [FR Doc. 2017–28231 Filed 1–11–18; 8:45 am]
transmission and hazardous liquid RIN: 2137–AE66 BILLING CODE P
sradovich on DSK3GMQ082PROD with PROPOSALS

VerDate Sep<11>2014 19:21 Jan 11, 2018 Jkt 244001 PO 00000 Frm 00027 Fmt 4701 Sfmt 9990 E:\FR\FM\12JAP13.SGM 12JAP13

Document Created: 2018-10-26 09:52:17
Document Modified: 2018-10-26 09:52:17

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Unknown Section
Action		Unified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda).
Contact		General
FR Citation		83 FR 1898

83 FR 1898 - Department Regulatory and Deregulatory Agenda; Semiannual Summary

DEPARTMENT OF TRANSPORTATIONOffice of the Secretary

Federal Register Volume 83, Issue 9 (January 12, 2018)

DEPARTMENT OF TRANSPORTATION
Office of the Secretary