83 FR 58051 - Department Regulatory and Deregulatory Agenda; Semiannual Summary

DEPARTMENT OF TRANSPORTATION
Office of the Secretary

Federal Register Volume 83, Issue 222 (November 16, 2018)

Page Range		58051-58070
FR Document		2018-24091

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 222 (Friday, November 16, 2018)

[Federal Register Volume 83, Number 222 (Friday, November 16, 2018)]
[Unknown Section]
[Pages 58051-58070]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-24091]

[[Page 58051]]

Vol. 83

Friday,

No. 222

November 16, 2018

Part XI

Department of Transportation

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Semiannual Regulatory Agenda

Federal Register / Vol. 83 , No. 222 / Friday, November 16, 2018 /
Unified Agenda

[[Page 58052]]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Chs. I-III

23 CFR Chs. I-III

33 CFR Chs. I and IV

46 CFR Chs. I-III

48 CFR Ch. 12

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

[DOT-OST-1999-5129]

Department Regulatory and Deregulatory Agenda; Semiannual Summary

AGENCY: Office of the Secretary, DOT.

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

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

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
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.
As a result of the RRTF's work, since January 2017, the Department has
issued deregulatory actions that reduce regulatory costs on the public
by at least $882 million (in net present value cost savings). Even when
the costs of significant regulatory actions are factored in, the
Department's deregulatory actions in FY 2018 will still result in over
$500 million in net cost savings (in net present value). With the
RRTF's assistance, the Department has achieved these cost savings in a
manner that is fully consistent with enhancing safety. For example, in
March 2018, the FAA promulgated a rule titled Rotorcraft Pilot
Compartment View, which will reduce the number of tests for nighttime
operations, after the Agency carefully considered the safety data and
determined the tests were unnecessary.
The Department has also significantly increased the number of
deregulatory actions it is pursuing. Today, DOT is pursuing over 120
deregulatory rulemakings, up from just 16 in the fall of 2016.
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

[[Page 58053]]

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, enabling 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 being sure that we do not regress from the successes
already achieved. Our planned regulatory actions reflect a careful
balance that emphasizes the Department's priority in fostering
innovation while at the same time meeting the challenges of maintaining
a safe, reliable, and sustainable transportation system.
For example, the National Highway Traffic Safety Administration
(NHTSA) is working on reducing regulatory barriers to technology
innovation, including the integration of automated vehicles. Automated
vehicles are expected to increase safety significantly by reducing the
likelihood of human error when driving, which today accounts for the
overwhelming majority of accidents on our nation's roadways. NHTSA
plans to issue regulatory actions that: (1) Design a pilot program for
vehicles that may not meet FMVSS; (2) allow for permanent updates to
current FMVSS reflecting new technology; and (3) allow for updates to
NHTSA's regulations outlining the administrative processes for
petitioning the agency for exemptions, rulemakings, and
reconsiderations. Similarly, the Federal Aviation Administration (FAA)
is working to enable, safely and efficiently, the integration of
unmanned aircraft systems (UAS) into the National Airspace System. UAS
are expected to continue to drive innovation and increase safety as
operators and manufacturers find new and inventive uses for UAS. For
instance, UAS are poised to assist human operators with a number of
different mission sets such as inspection of critical infrastructure
and search and rescue, enabling beneficial and lifesaving activities
that would otherwise be difficult or even impossible for a human to
accomplish unassisted. The Department has regulatory efforts underway
to further integrate UAS safely and efficiently.
The Department is working on several rulemakings to facilitate a
major transformation of our national space program from one in which
the federal government has a primary role to one in which private
industry drives growth in innovation and launches. The Department is
also currently working on a rulemaking to facilitate a major
transformation of our national space program that will enable private
industry to drive growth in innovation and launches. The FAA is
proposing a rule that will fundamentally change how FAA licenses
launches and reentries of commercial space vehicles moving from
prescriptive requirements to a performance based approach.

Explanation of Information in the Agenda

An Office of Management and Budget memorandum, dated June 18, 2018,
establishes 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; (15) the action's
designation under Executive Order 13771 explaining whether the action
will have a regulatory or deregulatory effect; and (16) 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.
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. A portion of
the Agenda is published in the Federal Register, however, because the
Regulatory Flexibility Act (5 U.S.C. 602) mandates publication for the
regulatory flexibility agenda. Accordingly, DOT's printed Agenda
entries include only:
1. The agency's Agenda preamble;
2. Rules that are in the agency's regulatory flexibility agenda, in
accordance with the Regulatory Flexibility Act, because they are likely
to have a significant economic impact on a substantial number of small
entities; and
3. Any rules that the agency has identified for periodic review
under section 610 of the Regulatory Flexibility Act.
Printing of these entries is limited to fields that contain
information required by the Regulatory Flexibility Act's

[[Page 58054]]

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.

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 account
process to ensure ``meaningful and timely input'' by State, local, and
tribal officials in the development of regulatory policies that have
federalism or tribal implications. These policies are defined in the
Executive orders to include regulations that have ``substantial direct
effects'' on States or Indian tribes, on the relationship between the
Federal Government and them, or on the distribution of power and
responsibilities between the Federal Government and various levels of
Government or Indian tribes. Therefore, we encourage State and local
Governments or Indian tribes to provide us with information about how
the Department's rulemakings impact them.

Purpose

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

Dated: July 27, 2018.
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--Kathryn Gresham, Office of Chief Counsel, 1200 New Jersey
Avenue SE, Washington, DC 20590; telephone (202) 493-6063.
FTA--Chaya Koffman, Office of Chief Counsel, 1200 New Jersey Avenue
SE, Washington, DC 20590; telephone (202) 366-3101.
SLSDC--Carrie Mann Lavigne, Chief Counsel, 180 Andrews Street,
Massena, NY 13662; telephone (315) 764-3200.
PHMSA--Stephen Gordon, Office of Chief Counsel, 1200 New Jersey
Avenue SE, Washington, DC 20590; telephone (202) 366-1101.
MARAD--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
Executive Order 12866, ``Regulatory Planning and Review,'' Executive
Order 13563, ``Improving Regulation and Regulatory Review,'' 76 FR 3821
(January 18, 2011), Executive Order 13771 ``Reducing Regulation and
Controlling Regulatory Costs,'' Executive Order 13777, ``Enforcing the
Regulatory Agenda,'' and

[[Page 58055]]

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'' (SEISNOSE). It also requires that we publish in the Federal
Register each year a list of any such rules that we will review during
the next year. The Office of the Secretary and each of the Department's
Operating Administrations have a 10-year review plan. These reviews
comply with section 610 of the Regulatory Flexibility Act.

Changes to the Review Plan

Some reviews may be conducted earlier than scheduled. For example,
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 (2018) begins in the fall of 2018 and ends in the fall of 2019; Year
2 (2019) begins in the fall of 2019 and ends in the fall of 2020, and
so on. The exception to this general rule is the FAA, which provides
information about the reviews it completed for this year and
prospective information about the reviews it intends to complete in the
next 10 years. Thus, for FAA Year 1 (2017) begins in the fall of 2017
and ends in the fall of 2018; Year 2 (2018) begins in the fall of 2018
and ends in the fall of 2019, and so on. We request public comment on
the timing of the reviews. For example, is there a reason for
scheduling an analysis and review for a particular rule earlier than we
have? Any comments concerning the plan or analyses should be submitted
to the regulatory contacts listed in appendix B, General Rulemaking
Contact Persons.

Section 610 Review

The agency will analyze each of the rules in a given year's group
to determine whether any rule has a SEISNOSE and, thus, requires review
in accordance with section 610 of the Regulatory Flexibility Act. The
level of analysis will, of course, depend on the nature of the rule and
its applicability. Publication of agencies' section 610 analyses listed
each fall in this Agenda provides the public with notice and an
opportunity to comment consistent with the requirements of the
Regulatory Flexibility Act. We request that public comments be
submitted to 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 SEISNOSE, we will give a short explanation (e.g.,
``these rules only establish petition processes that have no cost
impact'' or ``these rules do not apply to any small entities''). For
parts, subparts, or other discrete sections of rules that do have a
SEISNOSE, we will announce that we will be conducting a formal section
610 review during the following 12 months. At this stage, 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 2018 2019
through 99.
14 CFR parts 200
through 212.
48 CFR parts
1201 through
1224.
2..................... 48 CFR parts 2019 2020
1227 through
1253 and new
parts and
subparts.
3..................... 14 CFR parts 213 2020 2021
through 232.
4..................... 14 CFR parts 234 2021 2022
through 254.
5..................... 14 CFR parts 255 2022 2023
through 298 and
49 CFR part 40.
6..................... 14 CFR parts 300 2023 2024
through 373.
7..................... 14 CFR parts 374 2024 2025
through 398.
8..................... 14 CFR part 399 2025 2026
and 49 CFR
parts 1 through
15.
9..................... 49 CFR parts 17 2026 2027
through 28.

[[Page 58056]]

10.................... 49 CFR parts 29 2027 2028
through 39 and
parts 41
through 89.
------------------------------------------------------------------------

Year 10 (2017) List of Rules Analyzed and a Summary of Results
49 CFR part 30--Denial of Public Works Contracts to Suppliers of Goods
and Services of Countries That Deny Procurement Market Access to U.S.
Contractors

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

49 CFR part 31--Program Fraud Civil Remedies

Section 610: OST conducted a review of this part and found
no SEISNOSE.
General: Changes are needed to this part to remove
obsolete references; update the Civil Penalties in accordance with the
Federal Civil Penalties Inflation Adjustment Act Improvements Act of
2015 (Pub. L. 114-74, section 701), including adding reference to the
Act in the footnotes to append to the amounts of those penalties;
correct and/or remove certain phrases and terms throughout the part;
and to clarify the meaning of ``designated by the party's
representative'' found in 31.33(f)(2)(ii). OST's plain language review
of this part indicates no need for substantial revision.

49 CFR part 32--Governmentwide Requirements for Drug-Free Workplace
(Financial Assistance)

Section 610: OST conducted review of this part and found
no SEISNOSE.
General: No changes are needed to this part of the
regulation. OST's plain language review of this part indicates no need
for substantial revision.

49 CFR part 33--Transportation Priorities and Allocation System

Section 610: OST conducted review of this part and found
no SEISNOSE.
General: Review of this part indicates that Schedule 1 of
the appendix needs to be updated to include current approved programs.
Additionally, Form OST F 1254--Appendix I needs to be updated with an
OMB Control Number. OST's plain language review of this part indicates
no need for substantial revision.

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

Section 610: OST conducted review of this part and found
no SEISNOSE.
General: Review of this part indicates that this part
needs to be updated for consistency with Executive Order 13717,
February 2, 2016, which repealed the underlying Executive Order 12699.
OST's plain language review of this part indicates no need for
substantial revision.

49 CFR part 71--Standard Time Zone Boundaries

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

49 CFR part 79--Medals of Honor

49 CFR part 80--Credit Assistance for Surface Transportation Projects

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.

49 CFR part 89--Implementation of Federal Claims Collection Act

Section 610: OST conducted review of this part and found
no SEISNOSE.
General: Review of this part outlined that numerous cross-
references to statutes and regulations should be updated to ensure the
references are current and that the DOT's regulations are consistent
with those references; this includes removing any obsolete references
to regulations or statutes that have been rescinded. OST's plain
language review of this part indicates no need for substantial
revision.

Year 1 (Fall 2018) List of Rules That Will Be Analyzed During the Next
Year
49 CFR part 91--International Air Transportation Fair Competitive
Practices
49 CFR part 92--Recovering Debts to the United States by Salary Offset
49 CFR part 93--Aircraft Allocation
49 CFR part 98--Enforcement of Restrictions on Post-Employment
Activities
49 CFR part 99--Employee Responsibilities and Conduct
14 CFR part 200--Definitions and Instructions
14 CFR part 201--Air Carrier Authority under Subtitle VII of Title 49
of the United States Code [Amended]
14 CFR part 203--Waiver of Warsaw Convention Liability Limits and
Defenses
14 CFR part 204--Data to Support Fitness Determinations
14 CFR part 205--Aircraft Accident Liability Insurance
14 CFR part 206--Certificates of Public Convenience and Necessity:
Special Authorizations and Exemptions
14 CFR part 207--Charter Trips by U.S. Scheduled Air Carriers
14 CFR part 208--Charter Trips by U.S. Charter Air Carriers
14 CFR part 211--Applications for Permits to Foreign Air Carriers
14 CFR part 212--Charter Rules for U.S. and Foreign Direct Air Carriers
48 CFR part 1201--Federal Acquisition Regulations System
48 CFR part 1202--Definitions of Words and Terms

[[Page 58057]]

48 CFR part 1203--Improper Business Practices and Personal Conflicts of
Interest
48 CFR part 1204--Administrative Matters
48 CFR part 1205--Publicizing Contract Actions
48 CFR part 1206--Competition Requirements
48 CFR part 1207--Acquisition Planning
48 CFR part 1208-1210--[Reserved]
48 CFR part 1211--Describing Agency Needs
48 CFR part 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

Federal Aviation Administration

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

------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 14 CFR parts 119 2018 2019
through 129 and
parts 150
through 156.
2..................... 14 CFR parts 133 2019 2020
through 139 and
parts 157
through 169.
3..................... 14 CFR parts 141 2020 2021
through 147 and
parts 170
through 187.
4..................... 14 CFR parts 189 2021 2022
through 198 and
parts 1 through
16.
5..................... 14 CFR parts 17 2022 2023
through 33.
6..................... 14 CFR parts 34 2023 2024
through 39 and
parts 400
through 405.
7..................... 14 CFR parts 43 2024 2025
through 49 and
parts 406
through 415.
8..................... 14 CFR parts 60 2025 2026
through 77.
9..................... 14 CFR parts 91 2026 2027
through 105.
10.................... 14 CFR parts 417 2027 2028
through 460.
------------------------------------------------------------------------

Background on the Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 as amended (RFA), (sections
601 through 612 of title 5, United States Code (5 U.S.C.)) requires
Federal regulatory agencies to analyze all proposed and final rules to
determine their economic impact on small entities, which includes small
businesses, small organizations, and small governmental jurisdictions.
The primary purpose of the RFA is to establish as a principle of
regulatory issuance that Federal agencies endeavor, consistent with the
objectives of the rule and applicable statutes, to fit regulatory and
informational requirements to the scale of entities subject to the
regulation. The FAA performed the required RFA analyses of each final
rulemaking action and amendment it has initiated since enactment of the
RFA in 1980.
Section 610 of 5 U.S.C. requires government agencies to
periodically review all regulations that will have a SEISNOSE. The FAA
must analyze each rule within 10 years of its publication date.
Defining SEISNOSE
The RFA does not define ``significant economic impact.'' Therefore,
there is no clear rule or number to determine when a significant
economic impact occurs. However, the Small Business Administration
(SBA) states that significance should be determined by considering the
size of the business, the size of the competitor's business, and the
impact the same regulation has on larger competitors.
Likewise, the RFA does not define ``substantial number.'' However,
the legislative history of the RFA suggests that a substantial number
must be at least one but does not need to be an overwhelming percentage
such as more than half. The SBA states that the substantiality of the
number of small businesses affected should be determined on an
industry-specific basis.
This analysis consisted of the following three steps:
1. Review of the number of small entities affected by the
amendments to parts 119 through 129 and parts 150 through 156.
2. Identification and analysis of all amendments to parts 119
through 129 and parts 150 through 156 since 2008 to determine whether
any still have or now have a SEISNOSE.
3. Review of the FAA's regulatory flexibility assessment of each
amendment performed as required by the RFA.
Year 2 (2019) List of Rules To Be Analyzed the Next Year
14 CFR part 133--Rotorcraft External-Load Operations
14 CFR part 135--Operating Requirements: Commuter and On Demand
Operations and Rules Governing Persons on Board Such Aircraft
14 CFR part 136--Commercial Air Tours and National Parks Air Tour
Management
14 CFR part 137--Agricultural Aircraft Operations
14 CFR part 139--Certification of Airports
14 CFR part 157--Notice of Construction, Alteration, Activation, and
Deactivation of Airports
14 CFR part 158--Passenger Facility Charges
14 CFR part 161--Notice and Approval of Airport Noise and Access
Restrictions
14 CFR part 169--Expenditure of Federal Funds for Nonmilitary Airports
or Air Navigation Facilities Thereon

[[Page 58058]]

Year 1 (2018) List of Rules Analyzed and Summary of Results
14 CFR part 119--Certification: Air Carriers and Commercial Operators

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

14 CFR part 120--Drug and Alcohol Testing Programs

Section 610: The agency conducted a Section 610 review of
this part and found Docket No. FAA-2008-0937, 74 FR 22653, May 14,
2009, as amended by Amendment 120-2, 79 FR 9973, Feb. 21, 2014 of
section 120.105, Employees Who Must Be Tested, and Docket No. FAA-2008-
0937, 74 FR 22653, May 14, 2009, as amended by Amendment 120-2, 79 FR
9973, Feb. 21, 2014 of section 120.215, Covered Employees in CFR 120,
trigger SEISNOSE within the meaning of the RFA.
General: No revisions are needed. The FAA has considered a
number of alternatives and has taken steps to minimize the impact on
small entities in attempts to lower compliance costs for small
entities, but could not go forward without compromising the safety for
the industry.

14 CFR part 121--Operating Requirements: Domestic, Flag, and
Supplemental Operations

Section 610: The agency conducted a Section 610 review of
this part and found Docket No. FAA-2008-0677, 78 FR 67836, Nov. 12,
2013; Docket No. 9509, 35 FR 90, Jan. 3, 1970, as amended by Amendment
121-366, 78 FR 67836, Nov. 12, 2013; Docket No. FAA-2008-0677, 78 FR
67837, Nov. 12, 2013; Amendment 121-366, 78 FR 67837, Nov. 12, 2013; 62
FR 3739, Jan. 24, 1997, as amended by Amendment 121-366, 78 FR 67838,
Nov. 12, 2013; Docket No. FAA-2010-0100, 78 FR 42377, July 15, 2013, as
amended by Amendment 121-366, 78 FR 67839, Nov. 12, 2013; Amendment
121-357, 77 FR 402, Jan. 4, 2012; Docket No. FAA-2009-1093, 77 FR 402,
Jan. 4, 2012; Docket No. FAA-2002-12461, 71 FR 63640, Oct. 30, 2006, as
amended by Amendment 121-365, 78 FR 42379, July 15, 2013 in CFR 121
trigger SEISNOSE within the meaning of the RFA.
General: No revisions are needed. The FAA has considered a
number of alternatives and has taken steps to minimize the impact on
small entities in attempts to lower compliance costs for small
entities, but could not go forward without compromising the safety for
the industry.

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

Section 610:
General:

14 CFR part 129--Operations: Foreign Air Carriers and Foreign Operators
of U.S.-Registered Aircraft Engaged in Common Carriage

Section 610:
General:

14 CFR part 150--Airport Noise Compatibility Planning

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

14 CFR part 151--Federal Aid to Airports

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

14 FR part 152--Airport Aid Program

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

14 CFR part 153--Airport Operations

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

14 CFR part 155--Release of Airport Property from Surplus Property
Disposal Restrictions

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

14 CFR part 156--State Block Grant Pilot Program

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

Federal Highway Administration

Section 610 and Other Reviews

------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... None............ 2018 2019
2..................... 23 CFR parts 1 2019 2020
to 260.
3..................... 23 CFR parts 420 2020 2021
to 470.
4..................... 23 CFR part 500. 2021 2022
5..................... 23 CFR parts 620 2022 2023
to 637.
6..................... 23 CFR parts 645 2023 2024
to 669.
7..................... 23 CFR parts 710 2024 2025
to 924.
8..................... 23 CFR parts 940 2025 2026
to 973.
9..................... 23 CFR parts 2026 2027
1200 to 1252.
10.................... New parts and 2027 2028
subparts.
------------------------------------------------------------------------

Federal-Aid Highway Program
The Federal Highway Administration (FHWA) has adopted regulations
in title 23 of the CFR, chapter I, related to the Federal-Aid Highway
Program. These regulations implement and carry out the provisions of
Federal law relating to the administration of Federal aid for highways.
The primary law authorizing Federal aid for highways is chapter I of
title 23 of the U.S.C. 145, which expressly provides for a federally
assisted State program. For this reason, the regulations adopted by the
FHWA in title 23 of the CFR primarily relate to the requirements that
States must meet to receive Federal funds for construction and other
work related to highways. Because the regulations in title 23 primarily
relate to States, which are not defined as small entities under the
Regulatory Flexibility Act, the FHWA believes that its regulations in
title 23 do not have a significant economic

[[Page 58059]]

impact on a substantial number of small entities. The FHWA solicits
public comment on this preliminary conclusion.
Year 10 (Fall 2017) List of Rules Analyzed and a Summary of Results
23 CFR part 490--National Performance Management Measures

Section 610: No SEISNOSE. 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. The FHWA
recently repealed one of the original performance measures on May 31,
2018, at 83 FR 24920.

23 CFR part 505--Projects of National and Regional Significance
Evaluation and Rating

23 FR part 511--Real-Time System Management Information Program

23 CFR part 515--Asset Management Plans

23 CFR part 635--Subpart E--Construction Manager/General Contractor
(CM/GC) Contracting

23 CFR part 650--Subpart E--National Tunnel Inspection Standards

23 CFR part 667--Periodic Evaluation of Facilities Repeatedly Requiring
Repair and Reconstruction Due to Emergency Events

23 CFR part 950--Electronic Toll Collection

Section 610: No SEISNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FHWA's plain language review of
these rules indicates no need for substantial revision.
Year 1 (Fall 2018) List of Rules That Will Be Analyzed During the Next
Year
None.

Federal Motor Carrier Safety Administration

Section 610 and Other Reviews

------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 49 CFR parts 386 2018 2019
and 395.
2..................... 49 CFR part 385. 2019 2020
3..................... 49 CFR part 382. 2020 2021
4..................... 49 CFR parts 380 2021 2022
and 383.
5..................... 49 CFR part 387. 2022 2023
6..................... 49 CFR part 398. 2023 2024
7..................... 49 CFR part 392. 2024 2025
8..................... 49 CFR part 375. 2025 2026
9..................... 49 CFR part 367. 2026 2027
10.................... 49 CFR part 395. 2027 2028
------------------------------------------------------------------------

Year 1 (Fall 2018) List of Rules That Will Be Analyzed During the Next
Year
49 CFR part 395--Hours of Service (HOS) of Drivers

(Note: The analysis of this regulation is continued from year 10
(fall 2017) to year 1 (fall 2018) of the new review schedule.
Section 610: There is a SEIOSNOSE. The Federal HOS
regulations promote safe driving of commercial motor vehicles by
limiting on-duty driving time, thereby improving the likelihood that
drivers have adequate time for restorative rest. Although this rule
drives a SEISNOSE, it also drives significant benefits to small
business. Tangible benefits include streamlined operations, reduced
operational cost, maximized productivity, lower insurance, improved
vehicle diagnostics, reduced administrative burden, and increased
profits.
General: The regulatory value of restricting fatigue-
related operations will save lives and reduce injuries. These
regulations are written consistent with plain language guidelines, and
uses clear and unambiguous language. The Agency is currently
considering changes to the hours of service regulations that would
improve operational flexibilities for motor carriers without a
deleterious effect on safety.

49 CFR part 386--Rules of practice for motor carrier, intermodal
equipment provider, broker, freight forwarder, and hazardous materials
proceedings

National Highway Traffic Safety Administration

Section 610 and Other Reviews

[[Page 58060]]

3..................... 49 CFR parts 501 2020 2021
through 526 and
571.213.
4..................... 49 CFR parts 2021 2022
571.131,
571.217,
571.220,
571.221, and
571.222.
5..................... 49 CFR parts 2022 2023
571.101 through
571.110, and
571.135,
571.136,
571.138 and
571.139.
6..................... 49 CFR parts 2023 2024
571.141, 529
through 578,
except parts
571 and 575.
7..................... 49 CFR parts 2024 2025
571.111 through
571.129 and 580
through 588.
8..................... 49 parts CFR 2025 2026
571.201 through
571.212.
9..................... 49 parts CFR 2026 2027
571.214 through
571.219, except
571.217.
10.................... 49 CFR parts 591 2027 2028
through 595 and
new parts and
subparts.
------------------------------------------------------------------------

Year 1 (Fall 2018) List of Rules That Will Be Analyzed During the Next
Year
49 CFR part 571.214--Side Impact Protection
49 CFR part 571.215--[Reserved]
49 CFR part 571.216--Roof Crush Resistance; Applicable Unless a Vehicle
Is Certified to 571.216a
49 CFR part 571.216a--Roof Crush Resistance; Upgraded Standard
49 CFR part 571.218--Motorcycle Helmets
49 CFR part 571.219--Windshield Zone Intrusion
49 CFR part 591--Importation of Vehicles and Equipment Subject to
Federal Safety, Bumper and Theft Prevention Standards
49 CFR part 592--Registered Importers of Vehicles Not Originally
Manufactured to Conform to the Federal Motor Vehicle Safety Standards
49 CFR part 593--Determinations That a Vehicle Not Originally
Manufactured to Conform to the Federal Motor Vehicle Safety Standards
is Eligible for Importation
49 CFR part 594--Schedule of Fees Authorized by 49 U.S.C. 30141
49 CFR 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 2018 2019
200, 207, 209,
and 210.
2..................... 49 CFR parts 2019 2020
211, 212, 213,
214, and 215.
3..................... 49 CFR parts 2020 2021
216, 217, 218,
219, and 220.
4..................... 49 CFR parts 2021 2022
221, 222, 223,
224, and 225.
5..................... 49 CFR parts 2022 2023
227, 228, 229,
230, and 231.
6..................... 49 CFR parts 2023 2024
232, 233, 234,
235, and 236.
7..................... 49 CFR parts 2024 2025
237, 238, 249,
240, and 241.
8..................... 49 CFR parts 2025 2026
242, 243, 244,
250, and 256.
9..................... 49 CFR parts 2026 2027
261, 262, 264,
266, and 268.
10.................... 49 CFR parts 2027 2028
269, 270, and
272.
------------------------------------------------------------------------

Year 10 (Fall 2017) List of Rules Analyzed and a Summary of Results
49 FR part 213--Track Safety Standards

Section 610: This rule appears to have a significant
economic impact on a substantial number of small entities (SEISNOSE).
These small entities are approximately 735 short line railroads.
However, the FRA will conduct a formal review to identify whether
opportunities may exist to reduce the burden on small railroads without
compromising safety standards.
General: The rule prescribes minimum safety requirements
for railroad track that is part of the general railroad system of
transportation. The objective of the rule is to enhance the safety of
rail transportation, protecting both those traveling and working on the
system and those off the system who might be adversely affected by a
rail incident. FRA's plain language review of this rule indicates no
need for substantial revision.

49 CFR part 220--Railroad Communications

Section 610: This rule has significant economic impact on
a substantial number of small entities. However, the actual burden on
most of these railroads varies because of their different operating
characteristics. Entities that are not subject to this rule include
railroads that do not operate on the general railroad system of
transportation. The communication requirements of this rule have been
designed to minimize the impact on small railroads. For instance, while
large railroads are required to have a working radio and wireless
communication redundancy in every train, small railroads are only
required to comply with this standard for trains used to transport
passengers. However, the FRA will conduct a formal review to identify
whether opportunities may exist to reduce the burden on small railroads
without compromising safety standards.
General: The rule prescribes minimum requirements
governing the use of wireless communications in connection with
railroad operations. Uniform standard communications procedures and
requirements throughout the railroad industry are necessary to ensure
the protection and safety of railroad employees and the general public,
and to minimize the number of casualties. FRA's plain language review
of this rule indicates no need for substantial revision.

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

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

49 CFR part 232--Brake System Safety Standards for Freight and Other
Non-Passenger Trains and Equipment; End of Train Devices

Section 610: This rule has significant economic impact on
a substantial number of small entities. About 700 small railroads are
subject to this rule. However, the actual burden on most of these small
entities varies depending on their operating

[[Page 58061]]

characteristics. FRA is currently evaluating this rule to determine if
changes need to be made because of technological developments in the
systems affected by this rule.
General: The rule prescribes minimum Federal safety
standards for freight and other non-passenger train brake systems, as
well as requirements for all trains that use end-of-train devices. This
rule governs critical safety systems of the train and therefore
continues to be needed. To FRA's knowledge, it does not overlap or
conflict with other rules. Furthermore, FRA's plain language review of
this rule indicates no need for substantial revision.

49 CFR part 239--Passenger Train Emergency Preparedness

Section 610: There is no SEISNOSE.
General: The rule prescribes minimum Federal safety
standards for the preparation, adoption and implementation of emergency
preparedness plans by railroads. These requirements are necessary to
ensure the protection and safety of railroad passengers and employees,
as well as the general public, and to minimize the number of
casualties. FRA's plain language review of this rule indicates no need
for substantial revision.

49 CFR part 240--Qualification and Certification of Locomotive
Engineers

Section 610: There is no SEISNOSE.
General: The purpose of this rule is to prescribes minimum
Federal safety standards for the eligibility, training, testing,
certification and monitoring of locomotive engineers. FRA's plain
language review of this rule indicates no need of substantial revision.
Year 1 (Fall 2018) List of Rule(s) That Will Be Analyzed During Next
Year
49 CFR part 200--Informal Rules of Practice for Passenger Service
49 CFR part 207--Railroad Police Officers
49 CFR part 209--Railroad Safety Enforcement Procedures
49 CFR part 210--Railroad Noise Emission Compliance

Federal Transit Administration

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

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

Year 10 (2018) List of Rules Analyzed and Summary of Results
49 CFR part 665--Bus Testing

Section 610: Pursuant to Section 20014 of the Moving Ahead
for Progress in the 21st Century Act (MAP-21), FTA issued a new pass/
fail standard and new aggregated scoring system for buses and modified
vans that are subject to FTA's bus testing program. FTA conducted a
Section 610 review of part 665, as amended (81 FR 50637, August 1,
2016), and determined that it would not result in a SEISNOSE within the
meaning of the RFA. In evaluating the likely effects of the rule, FTA
acknowledged the compliance costs to bus manufacturers, some of whom
may meet the definition of ``small entity,'' but noted that Congress
authorized FTA to pay 80% of a bus manufacturer's testing fee,
defraying the direct financial impact on these small entities.
General: No changes are needed. The regulation implements
the requirements of 49 U.S.C. 5318. FTA estimated the costs and
projected benefits of the rule and believes it is cost-effective and
imposes the least burden for statutory compliance. FTA's plain language
review of this rule indicates no need for substantial revision.
Year 1 (2019) List of Rules To Be Analyzed the Next Year
49 CFR part 604--Charter Service
49 CFR part 605--School Bus Operations
49 CFR part 624--Clean Fuels Grant Program

Maritime Administration

Section 610 and Other Reviews

[[Page 58062]]

7..................... 46 CFR parts 315 2024 2025
through 340.
8..................... 46 CFR parts 345 2025 2026
through 381.
9..................... 46 CFR parts 382 2026 2027
through 389.
10.................... 46 CFR parts 390 2027 2028
through 393.
------------------------------------------------------------------------

Year 10 (2017) List of Rules Analyzed and a Summary of Results
46 CFR part 390--Capital Construction Fund Implementing Regulations

Section 610: There is no SEIOSNOSE.
General: The purpose of this rule is to govern the capital
construction fund program authorized by 46 U.S.C. 53501. The Agency has
determined that the rule is cost-effective and imposes the least
possible burden on small entities. MARAD's plain language review of
this rule indicates no need of substantial revision.
46 CFR part 391--Federal Income Tax Aspects of the Capital Construction
Fund.
Section 610: There is no SEIOSNOSE.
General: The purpose of this rule is to govern tax aspects
of the capital construction fund program. The Agency has determined
that the rule is cost-effective and imposes the least possible burden
on small entities. MARAD's plain language review of this rule indicates
no need of substantial revision.

46 CFR part 392--Reserved
46 CFR part 393--America's Marine Highway Program

Section 610 review: There is no SEIOSNOSE.
General: The Agency published a final rule to implement
statutory updates and clarify applicant procedures. MARAD's plain
language review of this rule indicated that a substantial revision to
the part was needed.
Year 1 (2018) List of Rules That Will Be Analyzed During the Next Year
46 CFR part 201--Rules of Practice And Procedure
46 CFR part 202--Procedures relating to review by Secretary of
Transportation of actions by Maritime Subsidy Board
46 CFR part 203--Procedures relating to conduct of certain hearings
under the Merchant Marine Act, 1936, as amended
46 CFR part 204--Claims against the Maritime Administration under the
Federal Tort Claims Act
46 CFR part 205--Audit Appeals; Policy and Procedure
46 CFR part 315--Agency Agreements and Appointment of Agents
46 CFR part 317--Bonding of Ship's Personnel
46 CFR part 324--Procedural Rules for Financial Transactions Under
Agency Agreements
46 CFR part 325--Procedure to Be Followed by General Agents in
Preparation of Invoices and Payment of Compensation Pursuant To
Provisions of NSA Order No. 47
46 CFR part 326--Marine Protection and Indemnity Insurance Under
Agreements with Agents
46 CFR part 327--Seamen's Claims; Administrative Action and Litigation
46 CFR part 328-- Slop Chests
46 CFR part 329--Voyage Data
46 CFR part 330--Launch Services
46 CFR part 332--Repatriation of Seamen
46 CFR part 335--Authority and Responsibility of General Agents to
Undertake Emergency Repairs in Foreign Ports
46 CFR part 336--Authority and Responsibility of General Agents to
Undertake in Continental United States Ports Voyage Repairs and Service
Equipment of Vessels Operated for the Account of The National Shipping
Authority Under General Agency Agreement
46 CFR part 337--General Agent's Responsibility in Connection with
Foreign Repair Custom's Entries
46 CFR part 338--Procedure for Accomplishment of Vessel Repairs Under
National Shipping Authority Master Lump Sum Repair Contract--NSA-
Lumpsumrep
46 CFR part 339--Procedure for Accomplishment of Ship Repairs Under
National Shipping Authority Individual Contract for Minor Repairs--NSA-
Worksmalrep
46 CFR part 340--Priority Use and Allocation of Shipping Services,
Containers and Chassis, and Port Facilities and Services for National
Security and National Defense Related Operations
46 CFR part 345--Restrictions Upon the Transfer or Change in Use or in
Terms Governing Utilization of Port Facilities
46 CFR part 346--Federal Port Controllers
46 CFR part 347--Operating Contract
46 CFR part 381--Cargo Preference--U.S.-Flag Vessels
46 CFR part 382--Determination of Fair and Reasonable Rates for the
Carriage of Bulk and Packaged Preference Cargoes on U.S.-Flag
Commercial Vessels

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Section 610 and Other Reviews

------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 49 CFR part 178. 2018 2019
2..................... 49 CFR parts 178 2019 2020
through 180.
3..................... 49 CFR parts 172 2020 2021
and 175.
4..................... 49 CFR part 171, 2021 2022
sections 171.15
and 171.16.
5..................... 49 CFR parts 2022 2023
106, 107, 171,
190, and 195.
6..................... 49 CFR parts 2023 2024
174, 177, and
199.
7..................... 49 CFR parts 2024 2025
176, 191 and
192.
8..................... 49 CFR parts 172 2025 2026
and 178.
9..................... 49 CFR parts 2026 2027
172, 173, 174,
176, 177, and
193.
10.................... 49 CFR parts 173 2027 2028
and 194.
------------------------------------------------------------------------

[[Page 58063]]

Year 10 (Fall 2018) List of Rules Analyzed and a Summary of Results
49 CFR part 173--Shippers--General Requirements for Shipments and
Packaging

Section 610: PHMSA conducted a review of this part and
found no SEISNOSE.
General: PHMSA has reviewed this part and found that while
the part does not have a SEISNOSE, it could be streamlined to reflect
new technologies and harmonize with certain international references.
Therefore, even though the review indicated that the economic impact on
small entities is not significant, PHMSA has initiated multiple new
deregulatory rulemakings to reduce the compliance burdens of part 173.
Further, PHMSA's plain language review of this part indicates no need
for substantial revision. Where confusing or wordy language has been
identified, PHMSA plans to propose revisions in the upcoming biennial
international harmonization rulemaking or other deregulatory
rulemakings.
For example, the 2137-AF32 rulemaking action is part of PHMSA's
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 the 2137-AF32 rulemaking will have on small
entities is not expected to be significant. The rulemaking will clarify
provisions based on PHMSA's initiatives and correspondence with the
regulated community and domestic and international stakeholders. The
changes are generally intended to provide relief and, as a result,
positive economic benefits to shippers, carriers, and packaging
manufacturers and testers, including small entities.

49 CFR part 194--Response Plans for Onshore Oil Pipelines

Section 610: PHMSA conducted a Section 610 review of this
part and has initiated a regulatory reform rulemaking that includes
provisions that are expected to reduce the compliance burden of part
194. The rulemaking is considered a deregulatory action that is
expected to have the net effect of streamlining the program
requirements, established in response to the Oil Pollution Act of 1990,
by targeting the highest risk locations. The revisions are expected to
clarify that part 194 is focused on hazardous liquid pipelines that
could affect navigable waters and to create a new harm category for
lower-risk areas.

General: This part contains requirements for oil spill
response plans to reduce the environmental impact of oil discharged
from onshore oil pipelines. The regulation under this part is cost
effective and imposes the least burden.
Year 1 (Fall 2018) List of Rules That Will Be Analyzed During the Next
Year
49 CFR part 178--Specifications for Packaging

Saint Lawrence Seaway Development Corporation

Section 610 and Other Reviews

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

Office of the Secretary--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
327....................... + Defining Unfair or 2105-AE72
Deceptive Practices.
328....................... + Processing Buy America 2105-AE79
Waivers Based on Non
availability (Section 610
Review) (Reg Plan Seq No.
104).
------------------------------------------------------------------------
+ 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--Prerule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
329....................... + 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.

[[Page 58064]]

Federal Aviation Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
330....................... Drug and Alcohol Testing 2120-AK09
of Certain Maintenance
Provider Employees
Located Outside of the
United States.
331....................... + Applying the Flight, 2120-AK22
Duty, and Rest
Requirements to Ferry
Flights That Follow
Domestic, Flag, or
Supplemental All-Cargo
Operations
(Reauthorization).
332....................... + Pilot Records Database 2120-AK31
(HR 5900).
333....................... + Aircraft Registration 2120-AK37
and Airmen Certification
Fees.
334....................... + Requirements to File 2120-AK77
Notice of Construction of
Meteorological Evaluation
Towers and Other
Renewable Energy Projects
(Section 610 Review).
335....................... + Operations of Small 2120-AK85
Unmanned Aircraft Over
People.
------------------------------------------------------------------------
+ DOT-designated significant regulation.

Federal Aviation Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
336....................... + Airport Safety 2120-AJ38
Management System.
337....................... + Registration and Marking 2120-AK82
Requirements for Small
Unmanned Aircraft (Reg
Plan Seq No. 105).
------------------------------------------------------------------------
+ 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.
------------------------------------------------------------------------
338....................... + Regulation of Flight 2120-AJ78
Operations Conducted by
Alaska Guide Pilots.
339....................... + 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.
------------------------------------------------------------------------
340....................... Incorporation by 2126-AC01
Reference; North American
Standard Out-of-Service
Criteria; Hazardous
Materials Safety Permits
(Section 610 Review).
341....................... 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.
------------------------------------------------------------------------
342....................... Commercial Learner's 2126-AB98
Permit Validity (Section
610 Review).
------------------------------------------------------------------------

Federal Motor Carrier Safety Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
343....................... + 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.
------------------------------------------------------------------------
344....................... + Passenger Equipment 2130-AC46
Safety Standards
Amendments (Reg Plan Seq
No. 108).
------------------------------------------------------------------------
+ DOT-designated significant regulation.
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.

[[Page 58065]]

Federal Railroad Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
345....................... + Train Crew Staffing and 2130-AC48
Location.
------------------------------------------------------------------------
+ DOT-designated significant regulation.

Saint Lawrence Seaway Development Corporation--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
346....................... Seaway Regulations and 2135-AA45
Rules: Periodic Update,
Various Categories
(Rulemaking Resulting
From a Section 610
Review).
347....................... Tariff of Tolls 2135-AA46
(Rulemaking Resulting
From a Section 610
Review).
------------------------------------------------------------------------

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

Pipeline and Hazardous Materials Safety Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
349....................... + Pipeline Safety: Safety 2137-AE66
of Hazardous Liquid
Pipelines (Reg Plan Seq
No. 111).
350....................... + Pipeline Safety: Issues 2137-AE93
Related to the Use of
Plastic Pipe in Gas
Pipeline Industry.
351....................... + Hazardous Materials: Oil 2137-AF08
Spill Response Plans and
Information Sharing for
High-Hazard Flammable
Trains (FAST Act) (Reg
Plan Seq No. 113).
------------------------------------------------------------------------
+ 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)

Office of the Secretary (OST)

Proposed Rule Stage

327. +Defining Unfair or Deceptive Practices

E.O. 13771 Designation: Deregulatory.
Legal Authority: 49 U.S.C. 41712
Abstract: This rulemaking would define the phrase ``unfair or
deceptive practice'' found in the Department's aviation consumer
protection statute. The Department's statute is modeled after a similar
statute granting the Federal Trade Commission (FTC) the authority to
regulate unfair or deceptive practices. Using the FTC's policy
statements as a guide, the Department has found a practice to be unfair
if it causes or is likely to cause substantial harm, the harm cannot
reasonably be avoided, and the harm is not outweighed by any
countervailing benefits to consumers or to competition. Likewise, the
Department has found a practice to be deceptive if it misleads or is
likely to mislead a consumer acting reasonably under the circumstances
with respect to a material issue (one that is likely to affect the
consumer's decision with regard to a product or service). This
rulemaking would codify the Department's existing interpretation of
``unfair or deceptive practice'' and seek comment on whether any
changes are needed. The rulemaking is not expected to impose monetary
costs, and will benefit regulated entities by providing a clearer
understanding of the Department's interpretation of the statute.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/00/19
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Blane A. Workie, Assistant General Counsel,
Department of Transportation, Office of the Secretary, 1200 New Jersey
Avenue SE, Washington, DC 20590, Phone: 202-366-9342, Fax: 202-366-
7153, Email: [email protected].
RIN: 2105-AE72

328. +Processing Buy America Waivers Based on Non Availability
(Section 610 Review)

Regulatory Plan: This entry is Seq. No. 104 in part II of this
issue of the Federal Register.
RIN: 2105-AE79

BILLING CODE 4910-9X-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Prerule Stage

329. +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.

[[Page 58066]]

44906; 49 U.S.C. 44912; 49 U.S.C. 44914; 49 U.S.C. 44936; 49 U.S.C.
44938; 49 U.S.C. 45101 to 45105; 49 U.S.C. 46103
Abstract: This rulemaking would require a flightcrew member who is
employed by an air carrier conducting operations under part 135, and
who accepts an additional assignment for flying under part 91 from the
air carrier or from any other air carrier conducting operations under
part 121 or 135, to apply the period of the additional assignment
toward any limitation applicable to the flightcrew member relating to
duty periods or flight times under part 135.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 01/00/19
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dale Roberts, Department of Transportation, Federal
Aviation Administration, 800 Independence Ave. 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

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

E.O. 13771 Designation: Fully or Partially Exempt.
Legal Authority: 14 CFR; 49 U.S.C. 106(g); 49 U.S.C. 40113; 49
U.S.C. 44701; 49 U.S.C. 44702; 49 U.S.C. 44707; 49 U.S.C. 44709; 49
U.S.C. 44717
Abstract: This rulemaking would require controlled substance
testing of some employees working in repair stations located outside
the United States. The intended effect is to increase participation by
companies outside of the United States in testing of employees who
perform safety critical functions and testing standards similar to
those used in the repair stations located in the United States. This
action is necessary to increase the level of safety of the flying
public. This rulemaking is a statutory mandate under section 308(d) of
the FAA Modernization and Reform Act of 2012 (Pub. L. 112-95).
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 03/17/14 79 FR 14621
Comment Period Extended............. 05/01/14 79 FR 24631
ANPRM Comment Period End............ 05/16/14 .......................
Comment Period End.................. 07/17/14 .......................
NPRM................................ 12/00/18
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Vicky Dunne, Department of Transportation, Federal
Aviation Administration, 800 Independence Ave. SW, Washington, DC
20591, Phone: 202-267-8522, Email: [email protected].
RIN: 2120-AK09

331. +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 apply the flight, duty, and rest
requirements for domestic, flag and supplemental operations to ferry
flights that follow domestic, flag or supplemental all-cargo
operations. A ferry flight that follows a domestic, flag or
supplemental all-cargo operation would be subject to the same flight,
duty, and rest rules as the all-cargo operation it follows. This rule
is necessary as it would make part 121 flight, duty, and rest limits
applicable to tail-end ferry flights that follow an all-cargo flight.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/19
------------------------------------------------------------------------

332. +Pilot Records Database (HR 5900)

E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 1155; 49 U.S.C. 40103;
49 U.S.C. 40113; 49 U.S.C. 40119; 49 U.S.C. 40120; 49 U.S.C. 41706; 49
U.S.C. 44101; 49 U.S.C. 44111; 49 U.S.C. 44701 to 44705; 49 U.S.C.
44709 to 44713; 49 U.S.C. 44715 to 44717; 49 U.S.C. 44722; 49 U.S.C.
45101 to 45105; 49 U.S.C. 46105; 49 U.S.C. 46306; 49 U.S.C. 46315; 49
U.S.C. 46316; 49 U.S.C. 46504; 49 U.S.C. 46507; 49 U.S.C. 47122; 49
U.S.C. 47508; 49 U.S.C. 47528 to 47531
Abstract: This rulemaking would implement a Pilot Records Database
as required by Public Law 111-216 (Aug. 1, 2010). Section 203 amends
the Pilot Records Improvement Act by requiring the FAA to create a
pilot records database that contains various types of pilot records.
These records would be provided by the FAA, air carriers, and other
persons who employ pilots. The FAA must maintain these records until it
receives notice that a pilot is deceased. Air carriers would use this
database to perform a record check on a pilot prior to making a hiring
decision.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/19
------------------------------------------------------------------------

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

333. +Aircraft Registration and Airmen Certification Fees

E.O. 13771 Designation: Other.
Legal Authority: 31 U.S.C. 9701; 4 U.S.T. 1830; 49 U.S.C. 106(f);
49 U.S.C. 106(g); 49 U.S.C. 106(l)(6); 49 U.S.C. 40104; 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

[[Page 58067]]

estimated costs of the various services and activities for which fees
would be established or revised.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/00/19
------------------------------------------------------------------------

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

334. +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................................ 06/00/19
------------------------------------------------------------------------

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

335. +Operations of Small Unmanned Aircraft Over People

E.O. 13771 Designation: Deregulatory.
Legal Authority: 49 U.S.C. 106(f); 49 U.S.C. 40101; 49 U.S.C.
40103(b); 49 U.S.C. 44701(a)(5); Pub. L. 112-95, sec. 333
Abstract: This rulemaking would address the performance-based
standards and means-of-compliance for operation of small unmanned
aircraft systems (sUAS) over people not directly participating in the
operation or not under a covered structure or inside a stationary
vehicle that can provide reasonable protection from a falling small
unmanned aircraft. This rule would provide relief from certain
operational restrictions implemented in the Operation and Certification
of Small Unmanned Aircraft Systems final rule (RIN 2120-AJ60).
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/00/18
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Guido Hassig, Department of Transportation, Federal
Aviation Administration, 1 Airport Way, Rochester, NY 14624, Phone:
585-436-3880, Email: [email protected].
RIN: 2120-AK85

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Final Rule Stage

336. +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 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.......................... 12/00/18
------------------------------------------------------------------------

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

337. +Registration and Marking Requirements for Small Unmanned Aircraft

Regulatory Plan: This entry is Seq. No. 105 in part II of this
issue of the Federal Register.
RIN: 2120-AK82

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Long-Term Actions

338. +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. 44105 to 44016; 49 U.S.C. 44111; 49 U.S.C. 44701 to
44717; 49 U.S.C. 44722; 49 U.S.C. 44901; 49 U.S.C. 44903 to 44904; 49
U.S.C. 44906; 49 U.S.C. 44912; 49 U.S.C. 44914; 49 U.S.C. 44936; 49
U.S.C. 44938; 49 U.S.C. 46103; 49 U.S.C. 46105; 49 U.S.C. 46306; 49
U.S.C. 46315 to 46316; 49 U.S.C. 46504; 49 U.S.C. 46506 to 46507; 49
U.S.C. 47122; 49 U.S.C. 47508; 49 U.S.C. 47528 to 47531; Articles 12
and 29 of 61 Statue 1180; P.L. 106-181, Sec. 732
Abstract: The rulemaking would establish regulations concerning
Alaska guide pilot operations. The rulemaking would implement
Congressional legislation and establish additional safety requirements
for the conduct of these operations. The intended effect of this
rulemaking is to enhance the level of safety for persons and property
transported in Alaska guide pilot operations. In addition, the
rulemaking would add a general provision applicable to pilots operating
under the general operating and flight rules concerning falsification,
reproduction, and alteration of applications, logbooks,

[[Page 58068]]

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

339. +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 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 Ave. NW, Washington,
DC 20024, Phone: 202-267-4552, Email: [email protected].
RIN: 2120-AK57

BILLING CODE 4910-13-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Proposed Rule Stage

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

E.O. 13771 Designation: Fully or Partially Exempt.
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
------------------------------------------------------------------------
NPRM................................ 10/00/18 .......................
------------------------------------------------------------------------

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

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

E.O. 13771 Designation: Fully or Partially Exempt.
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 (December 5,
2016) requires State Driver's 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
require State Driver's Licensing Agencies (SDLAs) to remove the
commercial learner's permit (CLP) or commercial driver's license (CDL)
privilege from the driver license of individuals who, under current
regulations, are prohibited from operating a commercial motor vehicle
(CMV) due to controlled substance (drug) and alcohol program
violations. At a minimum, States would be required to downgrade the
driver's license by changing the commercial status from ``licensed'' to
``eligible'' on the CDLIS driver record. Under the proposed rule,
States could not restore the CLP or CDL privilege to the license until
the driver completes the return-to-duty (RTD) requirements that would
allow the resumption of safety-sensitive functions, such as operating a
CMV. SDLAs would rely on applicable State law and procedures to
accomplish the downgrade and any subsequent reinstatement of the CLP or
CDL privilege. In addition, under this proposal, SDLAs could not issue,
renew, upgrade, or transfer the CDL, or issue, renew, or upgrade the
CLP, of any driver who is prohibited from operating a CMV due to drug
and alcohol program violations. This Notice of Proposed Rulemaking
(NPRM) will improve roadway safety by helping to ensure that CLP and
CDL holders who engage in prohibited drug or alcohol-related conduct
complete the necessary RTD requirements before resuming operation of a
CMV on public roads. 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................................ 12/00/18 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: No.
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

342. 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 1 year,

[[Page 58069]]

without renewal. This rule would not require a State to revise its
current CLP issuance practices, unless it chooses to do so. 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

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Long-Term Actions

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

E.O. 13771 Designation: Fully or Partially Exempt.
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.
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: Dolores Macias, Acting Division Chief, Department
of Transportation, Federal Motor Carrier Safety Administration, 1200
New Jersey Ave. SE, Washington, DC 20590, Phone: 202 366-2995, Email:
[email protected].
RIN: 2126-AA35

BILLING CODE 4910-EX-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Railroad Administration (FRA)

Final Rule Stage

344. +Passenger Equipment Safety Standards Amendments

Regulatory Plan: This entry is Seq. No. 108 in part II of this
issue of the Federal Register.
RIN: 2130-AC46

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Railroad Administration (FRA)

Long-Term Actions

345. +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: Kathryn Gresham, Trial Attorney, Department of
Transportation, Federal Railroad Administration, 1200 New Jersey Avenue
SE, Washington, DC 20590, Phone: 202 493-6063, Email:
[email protected].
RIN: 2130-AC48

BILLING CODE 4910-06-P

DEPARTMENT OF TRANSPORTATION (DOT)

Saint Lawrence Seaway Development Corporation (SLSDC)

Long-Term Actions

346. 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.
Timetable: Next Action Undetermined.
Regulatory Flexibility Analysis Required: No.
Agency Contact: Carrie Lavigne, Department of Transportation, Saint
Lawrence Seaway Development Corporation, 1200 New Jersey Ave. SE,

[[Page 58070]]

Washington, DC 20590, Phone: 315-764-3231, Email: [email protected].
RIN: 2135-AA45

347. 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.
Timetable: Next Action Undetermined.
Regulatory Flexibility Analysis Required: No.
Agency Contact: Carrie Lavigne, Department of Transportation, Saint
Lawrence Seaway Development Corporation, 1200 New Jersey Ave. SE,
Washington, DC 20590, Phone: 315-764-3231, Email: [email protected].
RIN: 2135-AA46

BILLING CODE 4910-61-P

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Proposed Rule Stage

348. +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................................ 01/00/19 .......................
------------------------------------------------------------------------

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

349. +Pipeline Safety: Safety of Hazardous Liquid Pipelines

Regulatory Plan: This entry is Seq. No. 111 in part II of this
issue of the Federal Register.
RIN: 2137-AE66

350. +Pipeline Safety: Issues Related to the Use of Plastic Pipe in Gas
Pipeline Industry

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

351. +Hazardous Materials: Oil Spill Response Plans and Information
Sharing for High-Hazard Flammable Trains (Fast Act)

Regulatory Plan: This entry is Seq. No. 113 in part II of this
issue of the Federal Register.
RIN: 2137-AF08

[FR Doc. 2018-24091 Filed 11-15-18; 8:45 am]
BILLING CODE 4910-60-P

58052 Federal Register / Vol. 83, No. 222 / Friday, November 16, 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. As a
Agenda is to provide the public with
These processes provide that regulations result of the RRTF’s work, since January
information about the Department of
and other agency actions are 2017, the Department has issued
Transportation’s regulatory activity
periodically reviewed and, if deregulatory actions that reduce
planned for the next 12 months. It is
appropriate, are revised to ensure that regulatory costs on the public by at least
expected that this information will
they continue to meet the needs for $882 million (in net present value cost
enable the public to more effectively
which they were originally designed, savings). Even when the costs of
participate in the Department’s
and that they remain cost-effective and significant regulatory actions are
regulatory process. The public is also
cost-justified. factored in, the Department’s
invited to submit comments on any
To help the Department achieve its deregulatory actions in FY 2018 will
aspect of this Agenda.
goals and in accordance with Executive still result in over $500 million in net
FOR FURTHER INFORMATION CONTACT: Order (E.O.) 12866, ‘‘Regulatory cost savings (in net present value). With
General Planning and Review,’’ (58 FR 51735; the RRTF’s assistance, the Department
Oct. 4, 1993) and the Department’s has achieved these cost savings in a
You should direct all comments and Regulatory Policies and Procedures (44
inquiries on the Agenda in general to manner that is fully consistent with
FR 11034; Feb. 26, 1979), the enhancing safety. For example, in
Jonathan Moss, Assistant General Department prepares a semiannual
Counsel for Regulation, Office of March 2018, the FAA promulgated a
regulatory and deregulatory agenda. It rule titled Rotorcraft Pilot Compartment
General Counsel, Department of summarizes all current and projected
Transportation, 1200 New Jersey View, which will reduce the number of
rulemakings, reviews of existing tests for nighttime operations, after the
Avenue SE, Washington, DC 20590; regulations, and completed actions of
(202) 366–4723. Agency carefully considered the safety
the Department. These are matters on data and determined the tests were
Specific which action has begun or is projected unnecessary.
during the next 12 months or for which The Department has also significantly
You should direct all comments and
action has been completed since the last increased the number of deregulatory
inquiries on particular items in the
Agenda. actions it is pursuing. Today, DOT is
Agenda to the individual listed for the
In addition, this Agenda was prepared pursuing over 120 deregulatory
regulation or the general rulemaking
in accordance with three Executive rulemakings, up from just 16 in the fall
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contact person for the operating
Orders issued by President Trump, of 2016.
administration in appendix B.
which directed agencies to further While each regulatory and
Table of Contents scrutinize their regulations and other deregulatory action is evaluated on its
Supplementary Information
agency actions. On January 30, 2017, own merits, the RRTF augments the
Background President Trump signed Executive Department’s consideration of
Significant/Priority Rulemakings Order 13771, Reducing Regulation and prospective rulemakings by conducting
Explanation of Information on the Agenda Controlling Regulatory Costs. Under monthly reviews across all OAs to
Request for Comments section 2(a) of the Executive order, identify appropriate deregulatory

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58056 Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Unified Agenda

Year Regulations to be reviewed Analysis year Review year

10 ...................... 49 CFR parts 29 through 39 and parts 41 through 89 ............................................................ 2027 2028

Year 10 (2017) List of Rules Analyzed • Section 610: OST conducted a • Section 610: OST conducted a
and a Summary of Results Section 610 review of this part and section 610 review of this part and
49 CFR part 30—Denial of Public Works found no SEISNOSE. found no SEISNOSE.
• General: No changes are needed. • General: No changes are needed.
Contracts to Suppliers of Goods and
These regulations are cost effective and This regulation is cost effective and
Services of Countries That Deny
impose the least burden. OST’s plain imposes the least burden. OST’s plain
Procurement Market Access to U.S.
language review of these rules indicates language review of this rule indicates no
Contractors
no need for substantial revision. need for substantial revision.
• Section 610: OST conducted a 49 CFR part 38—Americans With 49 CFR part 89—Implementation of
Section 610 review of this part and Disabilities Act (ADA) Accessibility Federal Claims Collection Act
found no SEISNOSE.
• General: No changes are needed.
Specifications for Transportation • Section 610: OST conducted review
Vehicles of this part and found no SEISNOSE.
These regulations are cost effective and
• Section 610: OST conducted a • General: Review of this part
impose the least burden. OST’s plain
Section 610 review of this part and outlined that numerous cross-references
language review of these rules indicates
found no SEISNOSE. to statutes and regulations should be
no need for substantial revision.
• General: No changes are needed. updated to ensure the references are
49 CFR part 31—Program Fraud Civil These regulations are cost effective and current and that the DOT’s regulations
Remedies impose the least burden. OST’s plain are consistent with those references; this
• Section 610: OST conducted a language review of these rules indicates includes removing any obsolete
review of this part and found no no need for substantial revision. references to regulations or statutes that
SEISNOSE. 49 CFR part 39—Transportation for have been rescinded. OST’s plain
• General: Changes are needed to this Individuals With Disabilities: language review of this part indicates no
part to remove obsolete references; Passenger Vessels need for substantial revision.
update the Civil Penalties in accordance • Section 610: OST conducted a
with the Federal Civil Penalties Year 1 (Fall 2018) List of Rules That
Section 610 review of this part and Will Be Analyzed During the Next Year
Inflation Adjustment Act Improvements found no SEISNOSE.
Act of 2015 (Pub. L. 114–74, section • General: No changes are needed. 49 CFR part 91—International Air
701), including adding reference to the These regulations are cost effective and Transportation Fair Competitive
Act in the footnotes to append to the impose the least burden. OST’s plain Practices
amounts of those penalties; correct and/ language review of these rules indicates 49 CFR part 92—Recovering Debts to the
or remove certain phrases and terms no need for substantial revision. United States by Salary Offset
throughout the part; and to clarify the 49 CFR part 41—Seismic Safety 49 CFR part 93—Aircraft Allocation
meaning of ‘‘designated by the party’s 49 CFR part 98—Enforcement of
• Section 610: OST conducted review Restrictions on Post-Employment
representative’’ found in 31.33(f)(2)(ii). of this part and found no SEISNOSE.
OST’s plain language review of this part Activities
• General: Review of this part
indicates no need for substantial 49 CFR part 99—Employee
indicates that this part needs to be
revision. Responsibilities and Conduct
updated for consistency with Executive 14 CFR part 200—Definitions and
49 CFR part 32—Governmentwide Order 13717, February 2, 2016, which Instructions
Requirements for Drug-Free repealed the underlying Executive 14 CFR part 201—Air Carrier Authority
Workplace (Financial Assistance) Order 12699. OST’s plain language under Subtitle VII of Title 49 of the
• Section 610: OST conducted review review of this part indicates no need for United States Code [Amended]
of this part and found no SEISNOSE. substantial revision. 14 CFR part 203—Waiver of Warsaw
• General: No changes are needed to 49 CFR part 71—Standard Time Zone Convention Liability Limits and
this part of the regulation. OST’s plain Boundaries Defenses
language review of this part indicates no • Section 610: No SEISNOSE. No 14 CFR part 204—Data to Support
need for substantial revision. small entities are affected. Fitness Determinations
49 CFR part 33—Transportation • General: No changes are needed. 14 CFR part 205—Aircraft Accident
Priorities and Allocation System These regulations are cost effective and Liability Insurance
• Section 610: OST conducted review impose the least burden. OST’s plain 14 CFR part 206—Certificates of Public
of this part and found no SEISNOSE. language review of these rules indicates Convenience and Necessity: Special
• General: Review of this part no need for substantial revision. Authorizations and Exemptions
14 CFR part 207—Charter Trips by U.S.
indicates that Schedule 1 of the 49 CFR part 79—Medals of Honor
Scheduled Air Carriers
appendix needs to be updated to • Section 610: OST conducted a 14 CFR part 208—Charter Trips by U.S.
include current approved programs. Section 610 review of this part and
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Charter Air Carriers
Additionally, Form OST F 1254— found no SEISNOSE. 14 CFR part 211—Applications for
Appendix I needs to be updated with an • General: No changes are needed. Permits to Foreign Air Carriers
OMB Control Number. OST’s plain These regulations are cost effective and 14 CFR part 212—Charter Rules for U.S.
language review of this part indicates no impose the least burden. OST’s plain and Foreign Direct Air Carriers
need for substantial revision. language review of these rules indicates 48 CFR part 1201—Federal Acquisition
49 CFR part 37—Transportation no need for substantial revision. Regulations System
Services for Individuals With 49 CFR part 80—Credit Assistance for 48 CFR part 1202—Definitions of Words
Disabilities (ADA) Surface Transportation Projects and Terms

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Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Unified Agenda 58057

48 CFR part 1203—Improper Business 48 CFR part 1217—Special Contracting Department of Transportation (DOT)
Practices and Personal Conflicts of Methods modes in past plans. As such, the FAA
Interest 48 CFR part 1218—[Reserved] has divided its rules into 10 groups as
48 CFR part 1204—Administrative 48 CFR part 1219—Small Business displayed in the table below. During the
Matters Programs first year (the ‘‘analysis year’’), all rules
48 CFR part 1205—Publicizing Contract 48 CFR part 1220–1221—[Reserved] published during the previous 10 years
Actions 48 CFR part 1222—Application of Labor within a 10% block of the regulations
48 CFR part 1206—Competition Laws to Government Acquisitions will be analyzed to identify those with
Requirements 48 CFR part 1223—Environment, Energy a significant economic impact on a
48 CFR part 1207—Acquisition and Water Efficiency, Renewable substantial number of small entities
Planning Energy Technologies, Occupational (SEISNOSE). During the second year
48 CFR part 1208–1210—[Reserved] Safety, and Drug-Free Workplace
48 CFR part 1211—Describing Agency (the ‘‘review year’’), each rule identified
48 CFR part 1224—Protection of Privacy in the analysis year as having a
Needs and Freedom of Information
48 CFR part 1212—[Reserved] SEISNOSE will be reviewed in
48 CFR part 1213—Simplified Federal Aviation Administration accordance with Section 610(b) to
Acquisition Procedures determine if it should be continued
Section 610 and Other Reviews without change or changed to minimize
48 CFR part 1214—Sealed Bidding
48 CFR part 1215—Contracting by The Federal Aviation Administration impact on small entities. Results of
Negotiation (FAA) has elected to use the two-step, those reviews will be published in the
48 CFR part 1216—Types of Contracts two-year process used by most DOT Semiannual Regulatory Agenda.

Year Regulations to be reviewed Analysis year Review year

1 ........................ 14 CFR parts 119 through 129 and parts 150 through 156 .................................................... 2018 2019
2 ........................ 14 CFR parts 133 through 139 and parts 157 through 169 .................................................... 2019 2020
3 ........................ 14 CFR parts 141 through 147 and parts 170 through 187 .................................................... 2020 2021
4 ........................ 14 CFR parts 189 through 198 and parts 1 through 16 .......................................................... 2021 2022
5 ........................ 14 CFR parts 17 through 33 .................................................................................................... 2022 2023
6 ........................ 14 CFR parts 34 through 39 and parts 400 through 405 ........................................................ 2023 2024
7 ........................ 14 CFR parts 43 through 49 and parts 406 through 415 ........................................................ 2024 2025
8 ........................ 14 CFR parts 60 through 77 .................................................................................................... 2025 2026
9 ........................ 14 CFR parts 91 through 105 .................................................................................................. 2026 2027
10 ...................... 14 CFR parts 417 through 460 ................................................................................................ 2027 2028

Background on the Regulatory no clear rule or number to determine amendment performed as required by
Flexibility Act when a significant economic impact the RFA.
occurs. However, the Small Business
The Regulatory Flexibility Act of 1980 Year 2 (2019) List of Rules To Be
Administration (SBA) states that
as amended (RFA), (sections 601 Analyzed the Next Year
significance should be determined by
through 612 of title 5, United States
considering the size of the business, the 14 CFR part 133—Rotorcraft External-
Code (5 U.S.C.)) requires Federal
size of the competitor’s business, and Load Operations
regulatory agencies to analyze all
the impact the same regulation has on 14 CFR part 135—Operating
proposed and final rules to determine
larger competitors. Requirements: Commuter and On
their economic impact on small entities,
which includes small businesses, small Likewise, the RFA does not define Demand Operations and Rules
organizations, and small governmental ‘‘substantial number.’’ However, the Governing Persons on Board Such
jurisdictions. The primary purpose of legislative history of the RFA suggests Aircraft
the RFA is to establish as a principle of that a substantial number must be at 14 CFR part 136—Commercial Air Tours
regulatory issuance that Federal least one but does not need to be an and National Parks Air Tour
agencies endeavor, consistent with the overwhelming percentage such as more Management
objectives of the rule and applicable than half. The SBA states that the
substantiality of the number of small 14 CFR part 137—Agricultural Aircraft
statutes, to fit regulatory and Operations
informational requirements to the scale businesses affected should be
determined on an industry-specific 14 CFR part 139—Certification of
of entities subject to the regulation. The Airports
FAA performed the required RFA basis.
analyses of each final rulemaking action This analysis consisted of the 14 CFR part 157—Notice of
and amendment it has initiated since following three steps: Construction, Alteration,
enactment of the RFA in 1980. 1. Review of the number of small Activation, and Deactivation of
entities affected by the amendments to Airports
Section 610 of 5 U.S.C. requires
government agencies to periodically parts 119 through 129 and parts 150 14 CFR part 158—Passenger Facility
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review all regulations that will have a through 156. Charges
SEISNOSE. The FAA must analyze each 2. Identification and analysis of all 14 CFR part 161—Notice and Approval
rule within 10 years of its publication amendments to parts 119 through 129 of Airport Noise and Access
date. and parts 150 through 156 since 2008 to Restrictions
determine whether any still have or now 14 CFR part 169—Expenditure of
Defining SEISNOSE have a SEISNOSE. Federal Funds for Nonmilitary
The RFA does not define ‘‘significant 3. Review of the FAA’s regulatory Airports or Air Navigation Facilities
economic impact.’’ Therefore, there is flexibility assessment of each Thereon

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58060 Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Unified Agenda

Year Regulations to be reviewed Analysis year Review year

3 ........................ 49 CFR parts 501 through 526 and 571.213 ........................................................................... 2020 2021
4 ........................ 49 CFR parts 571.131, 571.217, 571.220, 571.221, and 571.222 .......................................... 2021 2022
5 ........................ 49 CFR parts 571.101 through 571.110, and 571.135, 571.136, 571.138 and 571.139 ........ 2022 2023
6 ........................ 49 CFR parts 571.141, 529 through 578, except parts 571 and 575 ...................................... 2023 2024
7 ........................ 49 CFR parts 571.111 through 571.129 and 580 through 588 ............................................... 2024 2025
8 ........................ 49 parts CFR 571.201 through 571.212 .................................................................................. 2025 2026
9 ........................ 49 parts CFR 571.214 through 571.219, except 571.217 ....................................................... 2026 2027
10 ...................... 49 CFR parts 591 through 595 and new parts and subparts .................................................. 2027 2028

Year 1 (Fall 2018) List of Rules That 49 CFR part 571.219—Windshield Zone 49 CFR part 593—Determinations That
Will Be Analyzed During the Next Year Intrusion a Vehicle Not Originally
49 CFR part 571.214—Side Impact 49 CFR part 591—Importation of Manufactured to Conform to the
Protection Vehicles and Equipment Subject to Federal Motor Vehicle Safety
49 CFR part 571.215—[Reserved] Federal Safety, Bumper and Theft Standards is Eligible for Importation
49 CFR part 571.216—Roof Crush Prevention Standards 49 CFR part 594—Schedule of Fees
Resistance; Applicable Unless a Authorized by 49 U.S.C. 30141
Vehicle Is Certified to 571.216a 49 CFR part 592—Registered Importers 49 CFR part 595—Make Inoperative
49 CFR part 571.216a—Roof Crush of Vehicles Not Originally Exemptions
Resistance; Upgraded Standard Manufactured to Conform to the
Federal Motor Vehicle Safety Federal Railroad Administration
49 CFR part 571.218—Motorcycle
Helmets Standards Section 610 and Other Reviews

Year Regulations to be reviewed Analysis year Review year

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

Year 10 (Fall 2017) List of Rules However, the actual burden on most of general public, and to minimize the
Analyzed and a Summary of Results these railroads varies because of their number of casualties. FRA’s plain
49 FR part 213—Track Safety Standards different operating characteristics. language review of this rule indicates no
• Section 610: This rule appears to Entities that are not subject to this rule need for substantial revision.
have a significant economic impact on include railroads that do not operate on 49 CFR part 230—Steam Locomotive
a substantial number of small entities the general railroad system of Inspection and Maintenance
(SEISNOSE). These small entities are transportation. The communication Records
approximately 735 short line railroads. requirements of this rule have been • Section 610: There is no SEISNOSE.
However, the FRA will conduct a formal designed to minimize the impact on • General: The rule prescribes
review to identify whether small railroads. For instance, while minimum Federal safety standards of
opportunities may exist to reduce the large railroads are required to have a inspection and maintenance for all
burden on small railroads without working radio and wireless steam locomotive operated on railroads.
compromising safety standards. communication redundancy in every These requirements are necessary to
• General: The rule prescribes train, small railroads are only required ensure the protection and safety of
minimum safety requirements for to comply with this standard for trains railroad employees and the general
railroad track that is part of the general used to transport passengers. However, public and to minimize the number of
railroad system of transportation. The the FRA will conduct a formal review to casualties. FRA’s plain language review
objective of the rule is to enhance the identify whether opportunities may of this rule indicates no need for
safety of rail transportation, protecting exist to reduce the burden on small substantial revision.
both those traveling and working on the railroads without compromising safety 49 CFR part 232—Brake System Safety
system and those off the system who standards. Standards for Freight and Other
might be adversely affected by a rail • General: The rule prescribes Non-Passenger Trains and
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incident. FRA’s plain language review minimum requirements governing the Equipment; End of Train Devices
of this rule indicates no need for use of wireless communications in • Section 610: This rule has
substantial revision. connection with railroad operations. significant economic impact on a
49 CFR part 220—Railroad Uniform standard communications substantial number of small entities.
Communications procedures and requirements About 700 small railroads are subject to
• Section 610: This rule has throughout the railroad industry are this rule. However, the actual burden on
significant economic impact on a necessary to ensure the protection and most of these small entities varies
substantial number of small entities. safety of railroad employees and the depending on their operating

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Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Unified Agenda 58061

characteristics. FRA is currently number of casualties. FRA’s plain through 612 of title 5, United States
evaluating this rule to determine if language review of this rule indicates no Code), requires Federal regulatory
changes need to be made because of need for substantial revision. agencies to analyze all proposed and
technological developments in the 49 CFR part 240—Qualification and final rules to determine their economic
systems affected by this rule. Certification of Locomotive impact on small entities, which include
• General: The rule prescribes Engineers small businesses, organizations, and
minimum Federal safety standards for
• Section 610: There is no SEISNOSE. governmental jurisdictions. Section 610
freight and other non-passenger train • General: The purpose of this rule is requires government agencies to
brake systems, as well as requirements to prescribes minimum Federal safety periodically review all regulations that
for all trains that use end-of-train standards for the eligibility, training, will have a significant economic impact
devices. This rule governs critical safety testing, certification and monitoring of on a substantial number of small entities
systems of the train and therefore locomotive engineers. FRA’s plain (SEISNOSE).
continues to be needed. To FRA’s language review of this rule indicates no
knowledge, it does not overlap or In complying with this section, the
need of substantial revision.
conflict with other rules. Furthermore, Federal Transit Administration (FTA)
FRA’s plain language review of this rule Year 1 (Fall 2018) List of Rule(s) That has elected to use the two-step, two-year
indicates no need for substantial Will Be Analyzed During Next Year process used by most Department of
revision. 49 CFR part 200—Informal Rules of Transportation (DOT) modes. As such,
49 CFR part 239—Passenger Train Practice for Passenger Service FTA has divided its rules into 10 groups
Emergency Preparedness 49 CFR part 207—Railroad Police as displayed in the table below. During
• Section 610: There is no SEISNOSE. Officers the analysis year, the listed rules will be
• General: The rule prescribes 49 CFR part 209—Railroad Safety analyzed to identify those with a
minimum Federal safety standards for Enforcement Procedures SEISNOSE. During the review year, each
the preparation, adoption and 49 CFR part 210—Railroad Noise rule identified in the analysis year as
implementation of emergency Emission Compliance having a SEISNOSE will be reviewed in
preparedness plans by railroads. These Federal Transit Administration accordance with Section 610(b) to
requirements are necessary to ensure the determine if it should be continued
protection and safety of railroad Section 610 and Other Reviews
without change or changed to minimize
passengers and employees, as well as The Regulatory Flexibility Act of 1980 the impact on small entities.
the general public, and to minimize the (RFA), as amended (sections 601

Year Regulations to be reviewed Analysis year Review year

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

Year 10 (2018) List of Rules Analyzed the RFA. In evaluating the likely effects burden for statutory compliance. FTA’s
and Summary of Results of the rule, FTA acknowledged the plain language review of this rule
compliance costs to bus manufacturers, indicates no need for substantial
49 CFR part 665—Bus Testing some of whom may meet the definition revision.
• Section 610: Pursuant to Section of ‘‘small entity,’’ but noted that
Year 1 (2019) List of Rules To Be
20014 of the Moving Ahead for Progress Congress authorized FTA to pay 80% of
Analyzed the Next Year
in the 21st Century Act (MAP–21), FTA a bus manufacturer’s testing fee,
issued a new pass/fail standard and new defraying the direct financial impact on 49 CFR part 604—Charter Service
aggregated scoring system for buses and these small entities. 49 CFR part 605—School Bus
modified vans that are subject to FTA’s • General: No changes are needed. Operations
bus testing program. FTA conducted a The regulation implements the 49 CFR part 624—Clean Fuels Grant
Section 610 review of part 665, as requirements of 49 U.S.C. 5318. FTA Program
amended (81 FR 50637, August 1, 2016), estimated the costs and projected
Maritime Administration
and determined that it would not result benefits of the rule and believes it is
in a SEISNOSE within the meaning of cost-effective and imposes the least Section 610 and Other Reviews
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Year Regulations to be reviewed Analysis year Review year

1 ........................ 46 CFR parts 201 through 205, 46 CFR parts 315 through 340, 46 CFR part 345 through 2018 2019
347, and 46 CFR parts 381 and 382.
2 ........................ 46 CFR parts 221 through 232 ................................................................................................ 2019 2020
3 ........................ 46 CFR parts 249 through 296 ................................................................................................ 2020 2021
4 ........................ 46 CFR parts 221, 298, 308, and 309 ..................................................................................... 2021 2022
5 ........................ 46 CFR parts 307 through 309 ................................................................................................ 2022 2023
6 ........................ 46 CFR part 310 ....................................................................................................................... 2023 2024

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Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Unified Agenda 58063

Year 10 (Fall 2018) List of Rules 49 U.S.C. 5101 et seq.) directs PHMSA 49 CFR part 194—Response Plans for
Analyzed and a Summary of Results to participate in relevant international Onshore Oil Pipelines
standard-setting bodies and promotes
49 CFR part 173—Shippers—General
consistency of the HMR with • Section 610: PHMSA conducted a
Requirements for Shipments and Section 610 review of this part and has
Packaging international transport standards to the
extent practicable. Federal hazmat law initiated a regulatory reform rulemaking
• Section 610: PHMSA conducted a permits PHMSA to depart from that includes provisions that are
review of this part and found no international standards where expected to reduce the compliance
SEISNOSE. appropriate, including to promote safety burden of part 194. The rulemaking is
• General: PHMSA has reviewed this or other overriding public interests. considered a deregulatory action that is
part and found that while the part does However, Federal hazmat law otherwise expected to have the net effect of
not have a SEISNOSE, it could be encourages domestic and international streamlining the program requirements,
streamlined to reflect new technologies harmonization (see 49 U.S.C. 5120). established in response to the Oil
and harmonize with certain Harmonization facilitates Pollution Act of 1990, by targeting the
international references. Therefore, even international trade by minimizing the highest risk locations. The revisions are
though the review indicated that the costs and other burdens of complying expected to clarify that part 194 is
economic impact on small entities is not with multiple or inconsistent safety focused on hazardous liquid pipelines
significant, PHMSA has initiated requirements for transportation of that could affect navigable waters and to
multiple new deregulatory rulemakings hazardous materials. Safety is enhanced
to reduce the compliance burdens of create a new harm category for lower-
by creating a uniform framework for
part 173. Further, PHMSA’s plain risk areas.
compliance, and as the volume of
language review of this part indicates no hazardous materials transported in • General: This part contains
need for substantial revision. Where international commerce continues to requirements for oil spill response
confusing or wordy language has been grow, harmonization becomes plans to reduce the environmental
identified, PHMSA plans to propose increasingly important. impact of oil discharged from onshore
revisions in the upcoming biennial The impact that the 2137–AF32 oil pipelines. The regulation under
international harmonization rulemaking rulemaking will have on small entities this part is cost effective and imposes
or other deregulatory rulemakings. is not expected to be significant. The the least burden.
For example, the 2137–AF32 rulemaking will clarify provisions based
rulemaking action is part of PHMSA’s on PHMSA’s initiatives and Year 1 (Fall 2018) List of Rules That
ongoing biennial process to harmonize correspondence with the regulated Will Be Analyzed During the Next Year
the HMR with international regulations community and domestic and
and standards. Federal law and policy international stakeholders. The changes 49 CFR part 178—Specifications for
strongly favor the harmonization of are generally intended to provide relief Packaging
domestic and international standards for and, as a result, positive economic Saint Lawrence Seaway Development
hazardous materials transportation. The benefits to shippers, carriers, and Corporation
Federal hazardous materials packaging manufacturers and testers,
transportation law (Federal hazmat law; including small entities. Section 610 and Other Reviews

Year Regulations to be reviewed Analysis year Review year

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

Year 1 (Fall 2018) List of Rules That 33 CFR part 402—Tariff of Tolls
Will Be Analyzed During the Next Year 33 CFR part 403—Rules of Procedure of
33 CFR part 401—Seaway Regulations the Joint Tolls Review Board
and Rules
OFFICE OF THE SECRETARY—PROPOSED RULE STAGE
Regulation
Sequence No. Title Identifier No.

327 .................... + Defining Unfair or Deceptive Practices ........................................................................................................ 2105–AE72
328 .................... + Processing Buy America Waivers Based on Non availability (Section 610 Review) (Reg Plan Seq No. 2105–AE79
104).
+ DOT-designated significant regulation.
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.
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FEDERAL AVIATION ADMINISTRATION—PRERULE STAGE
Regulation
Sequence No. Title Identifier No.

329 .................... + Applying the Flight, Duty, and Rest Rules of 14 CFR Part 135 to Tail-End Ferry Operations (FAA Re- 2120–AK26
authorization).
+ DOT-designated significant regulation.

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$58064 Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Unified Agenda FEDERAL AVIATION ADMINISTRATION—PROPOSED RULE STAGE Regulation Sequence No. Title Identifier No. 330 .................... Drug and Alcohol Testing of Certain Maintenance Provider Employees Located Outside of the United 2120–AK09 States. 331 .................... + Applying the Flight, Duty, and Rest Requirements to Ferry Flights That Follow Domestic, Flag, or Sup- 2120–AK22 plemental All-Cargo Operations (Reauthorization). 332 .................... + Pilot Records Database (HR 5900) ............................................................................................................. 2120–AK31 333 .................... + Aircraft Registration and Airmen Certification Fees .................................................................................... 2120–AK37 334 .................... + Requirements to File Notice of Construction of Meteorological Evaluation Towers and Other Renewable 2120–AK77 Energy Projects (Section 610 Review). 335 .................... + Operations of Small Unmanned Aircraft Over People ................................................................................. 2120–AK85 + DOT-designated significant regulation. FEDERAL AVIATION ADMINISTRATION—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 336 .................... + Airport Safety Management System ............................................................................................................ 2120–AJ38 337 .................... + Registration and Marking Requirements for Small Unmanned Aircraft (Reg Plan Seq No. 105) ............. 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. 338 .................... + Regulation of Flight Operations Conducted by Alaska Guide Pilots ........................................................... 2120–AJ78 339 .................... + 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. 340 .................... Incorporation by Reference; North American Standard Out-of-Service Criteria; Hazardous Materials Safety 2126–AC01 Permits (Section 610 Review). 341 .................... 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. 342 .................... Commercial Learner’s Permit Validity (Section 610 Review) ........................................................................ 2126–AB98 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 343 .................... + Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor Carriers Operating in 2126–AA35 the United States. + DOT-designated significant regulation. amozie on DSK3GDR082PROD with PROPOSALS11 FEDERAL RAILROAD ADMINISTRATION—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 344 .................... + Passenger Equipment Safety Standards Amendments (Reg Plan Seq No. 108) ..................................... 2130–AC46 + DOT-designated significant regulation. References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. VerDate Sep<11>2014 20:00 Nov 15, 2018 Jkt 247001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\16NOP11.SGM 16NOP11$

Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Unified Agenda 58065

FEDERAL RAILROAD ADMINISTRATION—LONG-TERM ACTIONS
Regulation
Sequence No. Title Identifier No.

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

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION—LONG-TERM ACTIONS
Regulation
Sequence No. Title Identifier No.

346 .................... Seaway Regulations and Rules: Periodic Update, Various Categories (Rulemaking Resulting From a 2135–AA45
Section 610 Review).
347 .................... Tariff of Tolls (Rulemaking Resulting From a Section 610 Review) .......................................................... 2135–AA46

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

348 .................... + Pipeline Safety: Amendments to Parts 192 and 195 to Require Valve Installation and Minimum Rupture 2137–AF06
Detection Standards.
+ DOT-designated significant regulation.

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

349 .................... + Pipeline Safety: Safety of Hazardous Liquid Pipelines (Reg Plan Seq No. 111) ...................................... 2137–AE66
350 .................... + Pipeline Safety: Issues Related to the Use of Plastic Pipe in Gas Pipeline Industry ................................. 2137–AE93
351 .................... + Hazardous Materials: Oil Spill Response Plans and Information Sharing for High-Hazard Flammable 2137–AF08
Trains (FAST Act) (Reg Plan Seq No. 113).
+ 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 with respect to a material issue (one that 328. • +Processing Buy America
(DOT) is likely to affect the consumer’s Waivers Based on Non Availability
decision with regard to a product or (Section 610 Review)
Office of the Secretary (OST)
service). This rulemaking would codify Regulatory Plan: This entry is Seq.
Proposed Rule Stage the Department’s existing interpretation No. 104 in part II of this issue of the
327. +Defining Unfair or Deceptive of ‘‘unfair or deceptive practice’’ and Federal Register.
Practices seek comment on whether any changes RIN: 2105–AE79
are needed. The rulemaking is not
E.O. 13771 Designation: Deregulatory. expected to impose monetary costs, and BILLING CODE 4910–9X–P

Legal Authority: 49 U.S.C. 41712 will benefit regulated entities by
Abstract: This rulemaking would providing a clearer understanding of the
define the phrase ‘‘unfair or deceptive Department’s interpretation of the DEPARTMENT OF TRANSPORTATION
practice’’ found in the Department’s statute. (DOT)
aviation consumer protection statute. Timetable: Federal Aviation Administration (FAA)
The Department’s statute is modeled
after a similar statute granting the Action Date FR Cite Prerule Stage
Federal Trade Commission (FTC) the
329. +Applying the Flight, Duty, and
authority to regulate unfair or deceptive NPRM .................. 03/00/19
Rest Rules of 14 CFR Part 135 to Tail-
practices. Using the FTC’s policy
End Ferry Operations (FAA
statements as a guide, the Department Regulatory Flexibility Analysis Reauthorization)
has found a practice to be unfair if it Required: Yes.
causes or is likely to cause substantial E.O. 13771 Designation: Regulatory.
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harm, the harm cannot reasonably be Agency Contact: Blane A. Workie, Legal Authority: 49 U.S.C. 106(g); 49
avoided, and the harm is not Assistant General Counsel, Department U.S.C. 1153; 49 U.S.C. 40101; 49 U.S.C.
outweighed by any countervailing of Transportation, Office of the 40102; 49 U.S.C. 40103; 49 U.S.C.
benefits to consumers or to competition. Secretary, 1200 New Jersey Avenue SE, 40113; 49 U.S.C. 41706; 49 U.S.C.
Likewise, the Department has found a Washington, DC 20590, Phone: 202– 44105; 49 U.S.C. 44106; 49 U.S.C.
practice to be deceptive if it misleads or 366–9342, Fax: 202–366–7153, Email: 44111; 49 U.S.C. 44701 to 44717; 49
is likely to mislead a consumer acting blane.workie@ost.dot.gov. U.S.C. 44722; 49 U.S.C. 44901; 49 U.S.C.
reasonably under the circumstances RIN: 2105–AE72 44903; 49 U.S.C. 44904; 49 U.S.C.

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Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Unified Agenda 58067

estimated costs of the various services stationary vehicle that can provide Action Date FR Cite
and activities for which fees would be reasonable protection from a falling
established or revised. small unmanned aircraft. This rule Second NPRM .... 07/14/16 81 FR 45871
Timetable: would provide relief from certain Second NPRM 09/12/16
operational restrictions implemented in Comment Pe-
Action Date FR Cite the Operation and Certification of Small riod End.
Final Rule ............ 12/00/18
Unmanned Aircraft Systems final rule
NPRM .................. 01/00/19 (RIN 2120–AJ60).
Timetable: Regulatory Flexibility Analysis
Regulatory Flexibility Analysis Required: Yes.
Required: Yes. Action Date FR Cite Agency Contact: Keri Lyons,
Agency Contact: Isra Raza, Department of Transportation, Federal
Department of Transportation, Federal NPRM .................. 10/00/18 Aviation Administration, 800
Aviation Administration, 800 Independence Ave. SW, Washington,
Independence Ave. SW, Washington, Regulatory Flexibility Analysis DC 20591, Phone: 202–267–8972, Email:
DC 20591, Phone: 202–267–8994, Email: Required: Yes. keri.lyons@faa.gov.
isra.raza@faa.gov. Agency Contact: Guido Hassig, RIN: 2120–AJ38
RIN: 2120–AK37 Department of Transportation, Federal
337. +Registration and Marking
Aviation Administration, 1 Airport
334. +Requirements To File Notice of Requirements for Small Unmanned
Way, Rochester, NY 14624, Phone: 585–
Construction of Meteorological 436–3880, Email: guido.hassig@faa.gov. Aircraft
Evaluation Towers and Other RIN: 2120–AK85 Regulatory Plan: This entry is Seq.
Renewable Energy Projects (Section 610 No. 105 in part II of this issue of the
Review) Federal Register.
E.O. 13771 Designation: Regulatory. RIN: 2120–AK82
DEPARTMENT OF TRANSPORTATION
Legal Authority: 49 U.S.C. 40103
(DOT)
Abstract: This rulemaking would add
specific requirements for proponents Federal Aviation Administration (FAA) DEPARTMENT OF TRANSPORTATION
who wish to construct meteorological (DOT)
Final Rule Stage
evaluation towers at a height of 50 feet
above ground level (AGL) up to 200 feet 336. +Airport Safety Management Federal Aviation Administration (FAA)
AGL to file notice of construction with System
Long-Term Actions
the FAA. This rule also requires E.O. 13771 Designation: Regulatory.
sponsors of wind turbines to provide Legal Authority: 49 U.S.C. 44706; 49 338. +Regulation of Flight Operations
certain specific data when filing notice U.S.C. 106(g); 49 U.S.C. 40113; 49 Conducted by Alaska Guide Pilots
of construction with the FAA. This U.S.C. 44701 to 44706; 49 U.S.C. 44709; E.O. 13771 Designation: Regulatory.
rulemaking is a statutory mandate under 49 U.S.C. 44719 Legal Authority: 49 U.S.C. 106(g) ; 49
section 2110 of the FAA Extension, Abstract: This rulemaking would U.S.C. 1153; 49 U.S.C. 1155; 49 U.S.C.
Safety, and Security Act of 2016 (Pub. require certain airport certificate holders 40101 to 40103; 49 U.S.C. 40113; 49
L. 114–190). to develop, implement, maintain, and U.S.C. 40120; 49 U.S.C. 44101; 49 U.S.C.
Timetable: adhere to a safety management system 44105 to 44016; 49 U.S.C. 44111; 49
(SMS) for its aviation related activities. U.S.C. 44701 to 44717; 49 U.S.C. 44722;
Action Date FR Cite An SMS is a formalized approach to 49 U.S.C. 44901; 49 U.S.C. 44903 to
managing safety by developing an 44904; 49 U.S.C. 44906; 49 U.S.C.
NPRM .................. 06/00/19
organization-wide safety policy, 44912; 49 U.S.C. 44914; 49 U.S.C.
Regulatory Flexibility Analysis developing formal methods of 44936; 49 U.S.C. 44938; 49 U.S.C.
Required: No. identifying hazards, analyzing and 46103; 49 U.S.C. 46105; 49 U.S.C.
Agency Contact: Sheri Edgett-Baron, mitigating risk, developing methods for 46306; 49 U.S.C. 46315 to 46316; 49
Air Traffic Service, Department of ensuring continuous safety U.S.C. 46504; 49 U.S.C. 46506 to 46507;
Transportation, Federal Aviation improvement, and creating 49 U.S.C. 47122; 49 U.S.C. 47508; 49
Administration, 800 Independence organization-wide safety promotion U.S.C. 47528 to 47531; Articles 12 and
Avenue SW, Washington, DC 20591, strategies. 29 of 61 Statue 1180; P.L. 106–181, Sec.
Phone: 202 267–9354. Timetable: 732
RIN: 2120–AK77 Abstract: The rulemaking would
Action Date FR Cite establish regulations concerning Alaska
335. +Operations of Small Unmanned guide pilot operations. The rulemaking
Aircraft Over People NPRM .................. 10/07/10 75 FR 62008
NPRM Comment 12/10/10 75 FR 76928 would implement Congressional
E.O. 13771 Designation: Deregulatory. Period Ex- legislation and establish additional
Legal Authority: 49 U.S.C. 106(f); 49 tended. safety requirements for the conduct of
U.S.C. 40101; 49 U.S.C. 40103(b); 49 NPRM Comment 01/05/11 these operations. The intended effect of
U.S.C. 44701(a)(5); Pub. L. 112–95, sec. Period End. this rulemaking is to enhance the level
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333 End of Extended 03/07/11 of safety for persons and property
Abstract: This rulemaking would Comment Pe- transported in Alaska guide pilot
address the performance-based riod. operations. In addition, the rulemaking
Second Extension 03/07/11 76 FR 12300
standards and means-of-compliance for of Comment would add a general provision
operation of small unmanned aircraft Period. applicable to pilots operating under the
systems (sUAS) over people not directly End of Second 07/05/11 general operating and flight rules
participating in the operation or not Extended Com- concerning falsification, reproduction,
under a covered structure or inside a ment Period. and alteration of applications, logbooks,

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58068 Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Unified Agenda

reports, or records. This rulemaking is a DEPARTMENT OF TRANSPORTATION (CMV) due to controlled substance
statutory mandate under section 732 of (DOT) (drug) and alcohol program violations.
the Wendell H. Ford Aviation At a minimum, States would be
Federal Motor Carrier Safety
Investment and Reform Act for the 21st required to downgrade the driver’s
Administration (FMCSA)
Century, (Pub. L. 106–181). license by changing the commercial
Proposed Rule Stage status from ‘‘licensed’’ to ‘‘eligible’’ on
Timetable: Next Action
the CDLIS driver record. Under the
Undetermined. 340. Incorporation by Reference; North proposed rule, States could not restore
Regulatory Flexibility Analysis American Standard Out-of-Service the CLP or CDL privilege to the license
Required: Yes. Criteria; Hazardous Materials Safety until the driver completes the return-to-
Permits (Section 610 Review) duty (RTD) requirements that would
Agency Contact: Jeff Smith,
Department of Transportation, Federal E.O. 13771 Designation: Fully or allow the resumption of safety-sensitive
Aviation Administration, 800 Partially Exempt. functions, such as operating a CMV.
Independence Avenue SW, Washington, Legal Authority: 49 U.S.C. 5105; 49 SDLAs would rely on applicable State
DC 20785, Phone: 202 385–9615, Email: U.S.C. 5109 law and procedures to accomplish the
Abstract: This action will update an downgrade and any subsequent
jeffrey.smith@faa.gov.
existing Incorporation by Reference (by reinstatement of the CLP or CDL
RIN: 2120–AJ78 the Commercial Vehicle Safety Alliance) privilege. In addition, under this
339. +Helicopter Air Ambulance Pilot of the North American Standard Out-of- proposal, SDLAs could not issue, renew,
Training and Operational Service Criteria and Level VI Inspection upgrade, or transfer the CDL, or issue,
Requirements (HAA II) (FAA Procedures and Out-of-Service for renew, or upgrade the CLP, of any driver
Commercial Highway Vehicles who is prohibited from operating a CMV
Reauthorization)
Transporting Transuranics and Highway due to drug and alcohol program
E.O. 13771 Designation: Regulatory. Route Controlled Quantities of violations. This Notice of Proposed
Radioactive Materials as defined in 49 Rulemaking (NPRM) will improve
Legal Authority: 49 U.S.C. 106(f); 49
CFR part 173.403. roadway safety by helping to ensure that
U.S.C. 106(g); 49 U.S.C. 40113; 49
Timetable: CLP and CDL holders who engage in
U.S.C. 41706; 49 U.S.C. 44701; 49 U.S.C.
prohibited drug or alcohol-related
44702; 49 U.S.C. 44705; 49 U.S.C. Action Date FR Cite conduct complete the necessary RTD
44709; 49 U.S.C. 44711 to 44713; 49 requirements before resuming operation
U.S.C. 44715 to 44717; 49 U.S.C. 44722; NPRM .................. 10/00/18
of a CMV on public roads. This NPRM
49 U.S.C. 44730; 49 U.S.C. 45101 to does not propose any other changes to
45105 Regulatory Flexibility Analysis
the Clearinghouse final rule, nor does it
Required: No.
Abstract: This rulemaking would propose any changes to the drug and
Agency Contact: Stephanie Dunlap,
develop training requirements for crew alcohol testing requirements in part 382
Department of Transportation, Federal
resource management, flight risk and part 40.
Motor Carrier Safety Administration, Timetable:
evaluation, and operational control of 1200 New Jersey Avenue SE,
the pilot in command, as well as Washington, DC 20590, Phone: 202 366–
standards for the use of flight simulation Action Date FR Cite
3536, Email: stephanie.dunlap@dot.gov.
training devices and line-oriented flight RIN: 2126–AC01 NPRM .................. 12/00/18
training. Additionally, it would
establish requirements for the use of 341. Controlled Substances and Alcohol Regulatory Flexibility Analysis
safety equipment for flight Testing: State Driver’s Licensing Required: No.
crewmembers and flight nurses. These Agency Downgrade of Commercial Agency Contact: Juan Moya,
changes will aide in the increase in Driver’s License (Section 610 Review) Department of Transportation, Federal
aviation safety and increase E.O. 13771 Designation: Fully or Motor Carrier Safety Administration,
survivability in the event of an accident. Partially Exempt. 1200 New Jersey Ave. SE, Washington,
Without these changes, the Helicopter Legal Authority: 49 U.S.C. 31136(a); DC 20590, Phone: 202–366–4844, Email:
Air Ambulance industry may continue 49 U.S.C. 31305(a) Juan.Moya@dot.gov.
to see the unacceptable high rate of Abstract: The Commercial Driver’s RIN: 2126–AC11
aircraft accidents. This rulemaking is a License Drug and Alcohol
statutory mandate under section 306(e) Clearinghouse (Clearinghouse) final rule
of the FAA Modernization and Reform (81 FR 87686 (December 5, 2016) DEPARTMENT OF TRANSPORTATION
Act of 2012 (Pub. L. 112–95). requires State Driver’s Licensing (DOT)
Agencies (SDLAs) to check the
Timetable: Next Action Federal Motor Carrier Safety
Clearinghouse before issuing, renewing,
Undetermined. transferring, or upgrading a commercial Administration (FMCSA)
Regulatory Flexibility Analysis driver’s license (CDL) to determine Final Rule Stage
Required: Yes. whether the driver is qualified to
Agency Contact: Chris Holliday, operate a commercial motor vehicle. 342. Commercial Learner’s Permit
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Department of Transportation, Federal FMCSA proposes to require State Validity (Section 610 Review)
Aviation Administration, 801 Driver’s Licensing Agencies (SDLAs) to E.O. 13771 Designation: Deregulatory.
Pennsylvania Ave. NW, Washington, DC remove the commercial learner’s permit Legal Authority: 49 U.S.C. 31305; 49
20024, Phone: 202–267–4552, Email: (CLP) or commercial driver’s license U.S.C. 31308
chris.holliday@faa.gov. (CDL) privilege from the driver license Abstract: This rulemaking would
of individuals who, under current amend Commercial Driver’s License
RIN: 2120–AK57 regulations, are prohibited from (CDL) regulations to allow a commercial
BILLING CODE 4910–13–P operating a commercial motor vehicle learner’s permit to be issued for 1 year,

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Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Unified Agenda 58069

without renewal. This rule would not Appeals remanded this rule, along with 20107; 49 U.S.C. 21301 and 21302; 49
require a State to revise its current CLP two other NAFTA-related rules, to the U.S.C. 21304
issuance practices, unless it chooses to Agency, requiring a full environmental Abstract: This rule would establish
do so. This change would reduce costs impact statement and an analysis requirements to appropriately address
to CDL applicants who are unable to required by the Clean Air Act. On June known safety risks posed by train
complete the required training and 7, 2004, the Supreme Court reversed the operations that use fewer than two
testing within the current validity Ninth Circuit and remanded the case, crewmembers. FRA is considering
period, with no expected negative safety holding that FMCSA is not required to options based on public comments on
benefits. prepare the environmental documents. the proposed rule and other
Timetable: FMCSA originally planned to publish a information.
final rule by November 28, 2003. Timetable:
Action Date FR Cite Timetable:
Action Date FR Cite
NPRM .................. 06/12/17 82 FR 26888 Action Date FR Cite
NPRM Comment 08/11/17 NPRM .................. 03/15/16 81 FR 13918
Period End. NPRM .................. 05/03/01 66 FR 22415 NPRM Comment 05/16/16
Final Rule ............ 10/00/18 NPRM Comment 07/02/01 Period End.
Period End. Next Action Unde-
Regulatory Flexibility Analysis Interim Final Rule 03/19/02 67 FR 12758 termined.
Required: No. Interim Final Rule 04/18/02
Agency Contact: Thomas Yager, Comment Pe- Regulatory Flexibility Analysis
Driver and Carrier Operations Division, riod End.
Required: Yes.
Department of Transportation, Federal Interim Final Rule 05/03/02
Effective. Agency Contact: Kathryn Gresham,
Motor Carrier Safety Administration, Trial Attorney, Department of
Notice of Intent 08/26/03 68 FR 51322
1200 New Jersey Avenue SE, To Prepare an Transportation, Federal Railroad
Washington, DC 20590, Phone: 202 366– EIS. Administration, 1200 New Jersey
4325, Email: tom.yager@dot.gov. EIS Public 10/08/03 68 FR 58162 Avenue SE, Washington, DC 20590,
RIN: 2126–AB98 Scoping Meet- Phone: 202 493–6063, Email:
ings. kathryn.gresham@dot.gov.
Next Action Unde-
termined.
RIN: 2130–AC48
DEPARTMENT OF TRANSPORTATION BILLING CODE 4910–06–P
(DOT) Regulatory Flexibility Analysis
Federal Motor Carrier Safety Required: Yes.
Administration (FMCSA) Agency Contact: Dolores Macias,
Acting Division Chief, Department of DEPARTMENT OF TRANSPORTATION
Long-Term Actions Transportation, Federal Motor Carrier (DOT)

343. +Safety Monitoring System and Safety Administration, 1200 New Jersey Saint Lawrence Seaway Development
Compliance Initiative for Mexico- Ave. SE, Washington, DC 20590, Phone: Corporation (SLSDC)
Domiciled Motor Carriers Operating in 202 366–2995, Email: dolores.macias@
dot.gov. Long-Term Actions
the United States
RIN: 2126–AA35 346. • Seaway Regulations and Rules:
E.O. 13771 Designation: Fully or Periodic Update, Various Categories
BILLING CODE 4910–EX–P
Partially Exempt. (Rulemaking Resulting From a Section
Legal Authority: Pub. L. 107–87, sec 610 Review)
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. DEPARTMENT OF TRANSPORTATION E.O. 13771 Designation: Not subject
504; 49 U.S.C. 5113; 49 U.S.C. (DOT) to, not significant.
521(b)(5)(A) Legal Authority: 33 U.S.C. 981 et seq.
Abstract: This rule would implement Federal Railroad Administration (FRA) Abstract: The Saint Lawrence Seaway
a safety monitoring system and Final Rule Stage Development Corporation (SLSDC) and
compliance initiative designed to the St. Lawrence Seaway Management
evaluate the continuing safety fitness of 344. +Passenger Equipment Safety Corporation (SLSMC) of Canada, under
all Mexico-domiciled carriers within 18 Standards Amendments international agreement, jointly publish
months after receiving a provisional Regulatory Plan: This entry is Seq. and presently administer the St.
Certificate of Registration or provisional No. 108 in part II of this issue of the Lawrence Seaway Regulations and
authority to operate in the United Federal Register. Rules (Practices and Procedures in
States. It also would establish RIN: 2130–AC46 Canada) in their respective jurisdictions.
suspension and revocation procedures Under agreement with the SLSMC, the
for provisional Certificates of SLSDC is amending the joint regulations
Registration and operating authority, DEPARTMENT OF TRANSPORTATION by updating the Seaway Regulations and
and incorporate criteria to be used by Rules in various categories.
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(DOT)
FMCSA in evaluating whether Mexico- Timetable: Next Action
domiciled carriers exercise basic safety Federal Railroad Administration (FRA) Undetermined.
management controls. The interim rule Long-Term Actions Regulatory Flexibility Analysis
included requirements that were not Required: No.
proposed in the NPRM but which are 345. +Train Crew Staffing and Location Agency Contact: Carrie Lavigne,
necessary to comply with the FY 2002 E.O. 13771 Designation: Regulatory. Department of Transportation, Saint
DOT Appropriations Act. On January Legal Authority: 28 U.S.C. 2461, note; Lawrence Seaway Development
16, 2003, the Ninth Circuit Court of 49 CFR 1.89; 49 U.S.C. 20103; 49 U.S.C. Corporation, 1200 New Jersey Ave. SE,

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58070 Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Unified Agenda

Washington, DC 20590, Phone: 315– times in high consequence and select Legal Authority: 49 U.S.C. 60101 et
764–3231, Email: Carrie.Mann@dot.gov. non-high consequence areas. The seq.
RIN: 2135–AA45 proposed rule defines certain pipeline Abstract: PHMSA is amending the
347. • Tariff of Tolls (Rulemaking events as ‘‘ruptures’’ and outlines Federal Pipeline Safety Regulations that
Resulting From a Section 610 Review) certain performance standards related to govern the use of plastic piping systems
rupture identification and pipeline
E.O. 13771 Designation: Not subject in the transportation of natural and
segment isolation. PHMSA also
to, not significant. other gas. These amendments are
proposes specific valve maintenance
Legal Authority: 33 U.S.C. 981 et seq. and inspection requirements, and necessary to enhance pipeline safety,
Abstract: The Saint Lawrence Seaway 9–1–1 notification requirements to help adopt innovative technologies and best
Development Corporation (SLSDC) and operators achieve better rupture practices, and respond to petitions from
the St. Lawrence Seaway Management response and mitigation. These stakeholders. The amendments include
Corporation (SLSMC) of Canada, under proposals address Congressional an increased design factor for
international agreement, jointly publish mandates, incorporate polyethylene (PE) pipe, stronger
and presently administer the St. recommendations from the National mechanical fitting requirements, new
Lawrence Seaway Tariff of Tolls in their Transportation Safety Board, and are and updated riser standards, new
respective jurisdictions. The Tariff sets necessary to reduce the serious accepted uses of Polyamide-11 (PA–11)
forth the level of tolls assessed on all consequences of large-volume, thermoplastic pipe, authorization to use
commodities and vessels transiting the uncontrolled releases of natural gas and Polyamide-12 (PA–12) thermoplastic
facilities operated by the SLSDC and the hazardous liquids. pipe, and new or updated consensus
SLSMC. Timetable: standards for pipe, fittings, and other
Timetable: Next Action
Undetermined. components.
Action Date FR Cite
Regulatory Flexibility Analysis Timetable:
Required: No. NPRM .................. 01/00/19
Agency Contact: Carrie Lavigne, Action Date FR Cite
Department of Transportation, Saint Regulatory Flexibility Analysis
Lawrence Seaway Development Required: Yes. NPRM .................. 05/21/15 80 FR 29263
Corporation, 1200 New Jersey Ave. SE, Agency Contact: Robert Jagger, NPRM Comment 07/31/15
Washington, DC 20590, Phone: 315– Period End.
Technical Writer, Department of
764–3231, Email: Carrie.Mann@dot.gov. Final Rule ............ 10/00/18
Transportation, Pipeline and Hazardous
RIN: 2135–AA46 Materials Safety Administration, 1200
BILLING CODE 4910–61–P New Jersey Avenue, Washington, DC Regulatory Flexibility Analysis
20590, Phone: 202–366–4595, Email: Required: Yes.
robert.jagger@dot.gov. Agency Contact: Cameron H.
RIN: 2137–AF06 Satterthwaite, Transportation
DEPARTMENT OF TRANSPORTATION
(DOT) Regulations Specialist, Department of
Transportation, Pipeline and Hazardous
Pipeline and Hazardous Materials DEPARTMENT OF TRANSPORTATION Materials Safety Administration, 1200
Safety Administration (PHMSA) (DOT) New Jersey Avenue SE, Washington, DC
Proposed Rule Stage 20590, Phone: 202–366–8553, Email:
Pipeline and Hazardous Materials
cameron.satterthwaite@dot.gov.
348. +Pipeline Safety: Amendments to Safety Administration (PHMSA)
Parts 192 and 195 To Require Valve RIN: 2137–AE93
Final Rule Stage
Installation and Minimum Rupture 351. +Hazardous Materials: Oil Spill
Detection Standards 349. +Pipeline Safety: Safety of
Response Plans and Information
E.O. 13771 Designation: Regulatory. Hazardous Liquid Pipelines
Sharing for High-Hazard Flammable
Legal Authority: 49 U.S.C. 60101 et Regulatory Plan: This entry is Seq. Trains (Fast Act)
seq. No. 111 in part II of this issue of the
Abstract: PHMSA is proposing to Federal Register. Regulatory Plan: This entry is Seq.
revise the Pipeline Safety Regulations RIN: 2137–AE66 No. 113 in part II of this issue of the
applicable to newly constructed or Federal Register.
entirely replaced natural gas 350. +Pipeline Safety: Issues Related to
the Use of Plastic Pipe in Gas Pipeline RIN: 2137–AF08
transmission and hazardous liquid
pipelines to improve rupture mitigation Industry [FR Doc. 2018–24091 Filed 11–15–18; 8:45 am]
and shorten pipeline segment isolation E.O. 13771 Designation: Deregulatory. BILLING CODE 4910–60–P
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Document Created: 2018-11-16 07:23:07
Document Modified: 2018-11-16 07:23:07

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		Proposed Rules
Action		Unified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda).
Contact		General
FR Citation		83 FR 58051

83 FR 58051 - Department Regulatory and Deregulatory Agenda; Semiannual Summary

DEPARTMENT OF TRANSPORTATIONOffice of the Secretary

Federal Register Volume 83, Issue 222 (November 16, 2018)

DEPARTMENT OF TRANSPORTATION
Office of the Secretary