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Department Regulatory and Deregulatory Agenda; Summary

The Regulatory Agenda of the Department of Transportation (Department) is a summary of current, projected, and completed rulemakings, as well as reviews of existing regulations....

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Department of Transportation
Office of the Secretary
  1. 14 CFR Chs. I-III
  2. 23 CFR Chs. I-III
  3. 33 CFR Chs. I and IV
  4. 46 CFR Chs. I-III
  5. 48 CFR Ch. 1
  6. 49 CFR Subtitle A, Chs. I-VI, and Chs. X-XII
  7. [DOT-OST-1999-5129-0035]
( printed page 53028)

AGENCY:

Office of the Secretary, Department of Transportation.

ACTION:

Unified Agenda of Regulatory and Deregulatory Actions (Regulatory Agenda).

SUMMARY:

The Regulatory Agenda of the Department of Transportation (Department) is a summary of current, projected, and completed rulemakings, as well as reviews of existing regulations. The Regulatory Agenda provides the public with information about the Department's planned regulatory activity for the next 12 months. This information enables the public to participate in the Department's regulatory process more effectively. The public is encouraged to submit comments on any aspect of this Regulatory Agenda.

FOR FURTHER INFORMATION CONTACT:

Please direct all comments and inquiries on the Regulatory Agenda to Daniel Cohen, Assistant General Counsel for Regulation and Legislation, Office of the General Counsel, Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590; (202) 366-4723.

To obtain a copy of a specific regulatory document in the Regulatory Agenda, you should communicate directly with the contact person listed with the regulation. Most such documents, including the Regulatory Agenda, are available through the internet at www.regulations.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents for Supplementary Information

Background

Purpose

Request for Comments

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

Background

For the Department to achieve its goals, and in accordance with Executive Order 12866, “Regulatory Planning and Review,” 58 FR 51735 (Oct. 4, 1993), and the Department's regulatory policies and procedures, the Department prepares a semiannual Regulatory Agenda. The Regulatory Agenda 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 Regulatory Agenda.

The Department continues to work internally, as well as with the Office of Management and Budget, to carry out the rulemaking principles outlined in Executive orders, including Executive Order 14192, “Unleashing Prosperity Through Deregulation,” 90 FR 9065 (Feb. 6, 2025), and Executive Order 14219, “Ensuring Lawful Governance and Implementing the President's `Department of Government Efficiency' Deregulatory Initiative,” 90 FR 10583 (Feb. 25, 2025), as well as Departmental orders and memoranda.[1] As part of our ongoing deregulatory effort, the Department continues its work to streamline project delivery and to reduce unnecessary administrative burdens, while not compromising transportation safety.

The Department's rulemaking activities are based on sound economic principles and analysis supported by rigorous cost-benefit requirements and data-driven decisions. Safety will continue to be the Department's top priority. In addition, as new transportation technologies are rapidly advancing, they carry with them the potential to change dramatically between commercial transportation and private travel, expanding access for millions and improving safety on our roads and rails, and in our skies. To that end, the Department's regulations will balance safety, innovation, and cutting-edge technology. We also remain mindful that infrastructure is the required underpinning of our country's world class economy. We will remain vigilant for opportunities where regulatory action can help strengthen and modernize our infrastructure.

Purpose

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

Request for Comments

General

The Department's Regulatory Agenda is intended primarily for the use of the public. Since its inception, the Department has made modifications and refinements that provide the public with more helpful information and make the Regulatory Agenda easier to use. We would like you, the public, to make suggestions or comments on how the Regulatory Agenda could be further improved.

Regulatory Flexibility Act (RFA)

The Department has long recognized the importance of regularly reviewing its existing regulations to determine whether they need to be revised or revoked. Our regulatory policies and procedures require such reviews. In addition, the Department has responsibilities to conduct such reviews under section 610 of the Regulatory Flexibility Act; Executive Order 12866, “Regulatory Planning and Review,” 58 FR 51735 (Oct. 4, 1993); and Executive Order 13563, “Improving Regulation and Regulatory Review,” 76 FR 3821 (Jan. 21, 2011). We are committed to continuing our reviews of existing rules and, if needed, will initiate rulemaking actions based on these reviews. Generally, each departmental operating administration (OA), as well as the Office of the Secretary (OST), divides its rules into 10 different groups and plans to analyze one group each year. In each Fall Regulatory Agenda, each OA and OST will publish the results of the analyses completed during the previous year. The Department is interested in ( printed page 53029) 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. Suggestions for review may be submitted to the appropriate contact listed in Appendix B, along with an explanation of why the rule should be reviewed.

Consultation With State, Local, and Tribal Governments

Executive Order 13132, “Federalism,” 64 FR 43255 (Aug. 10, 1999), and Executive Order 13175, “Consultation and Coordination With Indian Tribal Governments,” 65 FR 67249 (Nov. 9, 2000), require the Department to develop a process to ensure “meaningful and timely input” by State, local, and Tribal officials in the development of regulatory policies that have federalism or Tribal implications. These policies are defined in the Executive orders to include regulations that have “substantial direct effects” on States or Indian Tribes, on the relationship between the Federal Government and them, or on the distribution of power and responsibilities between the Federal Government and various levels of government or Indian Tribes. Therefore, we encourage State and local governments and Indian Tribes to provide information about how the Department's rulemakings impact them.

Sean P. Duffy,

Secretary, Department of Transportation.

Appendix A—Instructions for Obtaining Copies of Regulatory Documents

To obtain a copy of a specific regulatory document in the Regulatory Agenda, you should communicate directly with the contact person listed with the regulation. Most, if not all, such documents, including the Regulatory Agenda, are available through the internet at www.regulations.gov and www.reginfo.gov. See Appendix C for more information.

Appendix B—General Rulemaking Contact Persons

The following list of people can be contacted for general information concerning the rulemaking process within the OAs and OST.

FAA—Brandon Roberts, Executive Director, Office of Rulemaking, 800 Independence Avenue SW, Washington, DC 20591; telephone (202) 267-9677.

FHWA—Jennifer Outhouse, Office of the Chief Counsel, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone (202) 366-0761.

FMCSA—Wendy Liberante, Director of Policy, Strategic Planning, and Regulations, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone (202) 366-1735.

FRA—Jason Schlosberg, Office of the Chief Counsel, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone (202) 302-7218.

FTA—Mark Montgomery, Office of the Chief Counsel, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone (202) 841-7974.

GLS—Donna O'Berry, Chief Counsel, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone (202) 236-8645.

MARAD—Gabriel Chavez, Office of the Chief Counsel, Maritime Administration, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone (202) 441-6143.

NHTSA—David Jasinski, Office of the Chief Counsel, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone (202) 713-7882.

OST—Daniel Cohen, Assistant General Counsel for Regulation and Legislation, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone (202) 366-4723.

PHMSA—Robert Ross, Office of the Chief Counsel, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone (202) 768-1365.

Appendix C—Public Rulemaking Dockets

All comments on rulemakings submitted via the internet are submitted through www.regulations.gov. This website 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 notifications when certain documents are placed in the dockets.

Appendix D—Review Plans for Section 610 and Other Requirements

Part I—The Plan

General

The Department of Transportation has responsibilities under section 610 of the Regulatory Flexibility Act and subsequent Executive orders to conduct reviews of its existing regulations. We are committed to continuing our reviews of existing rules and, if needed, will initiate rulemaking actions based on these reviews. The Department began a new 10-year review cycle with the Fall 2018 Regulatory 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. OST and each of the OAs have a 10-year review plan. These reviews comply with section 610 of the Regulatory Flexibility Act.

Changes to the Review Plan

Some reviews may be conducted earlier than scheduled. For example, events such as accidents may result in the need to conduct earlier reviews of some rules. Other factors may also result in the need to make changes; for example, we may make changes in response to public comment on this plan or in response to a presidentially mandated review. If there is any change to the review plan, we will note the change in the following Regulatory 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 OAs and OST have divided their rules into 10 different groups and plan to analyze one group each year. For purposes of these reviews, a year will coincide with the publication annually of the Fall Regulatory Agenda. 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 analysis should be submitted to the regulatory contacts listed in Appendix B, General Rulemaking Contact Persons.

Section 610 Review

The OAs and OST will analyze each of the rules in each year's group to determine whether any rule has a “significant economic impact on a substantial number of small entities” (SEISNOSE) and, thus, requires review in accordance with section 610 of the Regulatory Flexibility Act. The level of analysis will depend on the nature of the rule and its applicability. Publication of the section 610 analyses listed each fall in this Regulatory Agenda provides the public with notice and an opportunity to comment consistently with the requirements of the Regulatory Flexibility Act. We request that public comments be submitted to the Department early in the analysis year concerning the small entity impact of the rules to help us in making our determinations.

In each Fall Regulatory Agenda, the OAs and OST will publish the results of the analyses they have 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, the Department will add an entry to the Regulatory 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 indicate clearly which parts of the review are being conducted under section 610. ( printed page 53030)

Other Reviews

The OAs and OST will examine the specified rules to determine whether any other reasons exist for revising or revoking the rule. In each Fall Regulatory Agenda, the OAs and OST will also publish information on the results of the examinations completed during the previous year.

Part III—List of Pending Section 610 Reviews

Office of the Secretary (OST)

Section 610 and Other Reviews

In complying with this section, OST has elected to use the two-step, two-year process used by most OAs. As such, OST 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.

Year Regulations to Be Reviewed Analysis year Review year
1 49 CFR parts 91 through 99 14 CFR parts 200 through 212 48 CFR parts 1201 through 1224 2018 2019
2 48 CFR parts 1227 through 1253 and new parts and subparts 2019 2020
3 14 CFR parts 213 through 232 2020 2021
4 14 CFR parts 234 through 254 2021 2022
5 14 CFR parts 255 through 298 and 49 CFR part 40 2022 2023
6 14 CFR parts 300 through 373 2023 2024
7 14 CFR parts 374 through 398 2024 2025
8 14 CFR part 399 and 49 CFR parts 1 through 15 2025 2026
9 49 CFR parts 17 through 28 2026 2027
10 49 CFR parts 29 through 39 and parts 41 through 89 2027 2028

Year 1 (Fall 2018) List of Rules Analyzed and Summary of Results

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

(g) DOT operating element (see 49 CFR 1.3) means a DOT Operating Administration including—

(1) The Office of the Secretary.

(2) Federal Aviation Administration.

(3) Federal Highway Administration.

(4) Federal Motor Carrier Safety Administration.

(5) Federal Railroad Administration.

(6) Federal Transit Administration.

(7) Great Lakes Saint Lawrence Seaway Development Corporation.

(8) Maritime Administration.

(9) National Highway Traffic Safety Administration.

(10) Pipeline and Hazardous Materials Safety Administration.

(11) Office of the Inspector General.

OST will consider a rulemaking to make these revisions. These regulations are cost effective and impose the least burden. OST's plain language review of these rules indicated no need for substantial revision.

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

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 parts 1201-1224

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

48 CFR parts 1227 through 1253 and new parts and subparts

Year 3 (Fall 2020) List of Rules Analyzed and Summary of Results

14 CFR part 213—Terms, Conditions and Limitations of Foreign Air Carrier Permits

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

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

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

14 CFR part 218—Lease by Foreign Air Carrier or Other Foreign Person of Aircraft with Crew

14 CFR part 221—Tariffs

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

14 CFR part 223—Free and Reduced-Rate Transportation

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

49 CFR part 40—PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS

14 CFR part 256—ELECTRONIC AIRLINE INFORMATION SYSTEMS

14 CFR part 257—DISCLOSURE OF CODE-SHARING ARRANGEMENTS AND LONG-TERM WET LEASES

14 CFR part 258—DISCLOSURE OF CHANGE-OF-GAUGE SERVICES

14 CFR part 259—ENHANCED PROTECTIONS FOR AIRLINE PASSENGERS

14 CFR part 260—REFUNDS FOR AIRLINE FARE AND ANCILLARY SERVICE FEES

14 CFR part 262—TRAVEL CREDITS AND VOUCHERS DUE TO A SERIOUS COMMUNICABLE DISEASE

14 CFR part 271—GUIDELINES FOR SUBSIDIZING AIR CARRIERS PROVIDING ESSENTIAL AIR TRANSPORTATION

14 CFR part 291—CARGO OPERATIONS IN INTERSTATE AIR TRANSPORTATION

14 CFR part 292—INTERNATIONAL CARGO TRANSPORTATION

14 CFR part 293—INTERNATIONAL CARGO TRANSPORTATION

14 CFR part 294—CANADIAN CHARTER AIR TAXI OPERATORS

14 CFR part 295—AIR CHARTERS BROKERS

14 CFR part 296—INDIRECT AIR TRANSPORTATION OF PROPERTY

14 CFR part 297—FOREIGN AIR FREIGHT FORWARDERS AND COOPERATIVE SHIPPERS ASSOCIATIONS

14 CFR part 298—EXEMPTIONS FOR AIR TAXI AND COMMUTER AIR CARRIER OPERATIONS

Year 6 (Fall 2023) List of Rules Analyzed and Summary of Results

14 CFR part 300—RULES OF CONDUCT IN DOT PROCEEDING UNDER THIS CHAPTER

14 CFR part 302—RULES OF PRACTICE IN PROCEEDINGS

14 CFR part 303—REVIEW OF AIR CARRIERS AGREEMENTS

14 CFR part 305—RULES OF PRACTICE IN INFORMAL NONPUBLIC INVESTIGATIONS

14 CFR part 313—IMPLEMENTATION OF THE ENERGY POLICY AND CONSERVATION ACT

14 CFR part 323—TERMINATIONS, SUSPENSIONS AND REDUCTIONS

14 CFR part 325—ESSENTIAL AIR SERVICE PROCEDURES

14 CFR part 372—OVERSEAS MILITARY PERSONNEL CHARTERS

Year 7 (Fall 2024) List of Rules Analyzed and Summary of Results

14 CFR part 374—IMPLEMENTATION OF THE CONSUMER CREDIT PROTECTION ACT WITH RESPECT TO AIR CARRIERS AND FOREIGN AIR CARRIERS

14 CFR part 374a— EXTENSION OF CREDIT BY AIRLINES TO FEDERAL POLITICAL CANDIDATES

14 CFR part 375—NAVIGATION OF FOREIGN CIVIL AIRCRAFT WITHIN THE UNITED STATES

14 CFR part 377—CONTINUANCE OF EXPIRED AUTHORIZATIONS BY OPERATION OF LAW PENDING FINAL DETERMINATION OF APPLICATIONS FOR RENEWAL THEREOF

14 CFR part 380—PUBLIC CHARTERS

14 CFR part 381—SPECIAL EVENT TOURS ( printed page 53033)

14 CFR part 382—NONDISCRIMINATION ON THE BASIS OF DISABILITY IN AIR TRAVEL

14 CFR part 383—CIVIL PENALTIES

14 CFR part 385—STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS

14 CFR part 389—FEES AND CHARGES FOR SPECIAL SERVICES

14 CFR part 398—GUIDELINES FOR INDIVIDUAL DETERMINATIONS OF BASIC ESSENTIAL AIR SERVICE

Year 8 (Fall 2025) List of Rules To Be Analyzed

14 CFR part 399—STATEMENTS OF GENERAL POLICY

49 CFR part 1—ORGANIZATION AND DELEGATION OF POWERS AND DUTIES

49 CFR part 3—OFFICIAL SEAL

49 CFR part 5—ADMINISTRATIVE PROCEDURES

49 CFR part 6— MPLEMENTATION OF EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS

49 CFR part 7—PUBLIC AVAILABILITY OF INFORMATION

49 CFR part 8—CLASSIFIED INFORMATION: CLASSIFICATION/DECLASSIFICATION/ACCESS

49 CFR part 9—TESTIMONY OF EMPLOYEES OF THE DEPARTMETN AND PRODUCTION OF RECORDS IN LEGAL PROCEEDINGS

49 CFR part 10—MAITENANCE OF AND ACCESS TO RECORDS PERTAINING TO INDIVIDUALS

49 CFR part 11—PROTECTION OF HUMAN SUBJECTS

49 CFR part 15—PROTECTION OF SENSITIVE SECURITY INFORMATION

Federal Aviation Administration (FAA)

Section 610 and Other Reviews

The FAA has elected to analyze and review rules in the same year instead of using the two-step, two-year process used by most Department of Transportation (DOT) modes in past plans. Most DOT modes analyze rules in one year and delay the review process until the following year. As such, the FAA has divided its rules into ten groups, as displayed in the table below. 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). Each rule identified with SEISNOSE will be reviewed in accordance with Section 610(b) to determine if SEISNOSE still exists and if so, should they be continued with or without change to minimize the impact on small entities. The results of those reviews will be published in the DOT Semiannual Regulatory Agenda.

Year Regulations to be reviewed Analysis and review year
1 14 CFR parts 43 through 49 and parts 406 through 415 2024
2 14 CFR parts 60 through 77 2025
3 14 CFR parts 89 through 107 2026
4 14 CFR parts 417 through 460 2027
5 14 CFR parts 119 through 129 and parts 150 through 156 2028
6 14 CFR parts 133 through 139 and parts 157 through 169 2029
7 14 CFR parts 141 through 147 and parts 170 through 187 2030
8 14 CFR parts 189 through 198 and parts 1 through 16 2031
9 14 CFR parts 17 through 33 2032
10 14 CFR parts 34 through 39 and parts 400 through 405 2033

Defining SEISNOSE for FAA Regulations

The RFA does not define “significant economic impact.” Therefore, there is no clear rule or number to determine when a significant economic impact occurs. However, the Small Business Administration (SBA) states that significance should be determined by considering the size of the business, the size of the competitor's business and the impact the same regulation has on larger competitors.

Likewise, the RFA does not define “substantial number.” However, the legislative history of the RFA suggests that a substantial number must be at least one but does not need to be an overwhelming percentage such as more than half. The SBA states that the substantiality of the number of small businesses affected should be determined on an industry-specific basis.

This analysis consisted of the following three steps:

1. Review of the number of small entities affected by the amendments to parts 60 through 77.

2. Identification and analysis of all amendments to parts 60 through 77, since 2015 to determine whether any still have or now have a SEISNOSE.

3. Review of the FAA's regulatory flexibility assessment of each amendment performed as required by the RFA.

Year 1 (Fall 2024) List of Rules Analyzed and Summary of Results

14 CFR part 43—Maintenance, Preventive Maintenance, Rebuilding, and Alteration

14 CFR part 45—Identification and Registration Marking

( printed page 53034)

14 CFR part 47—Aircraft Registration

14 CFR part 48—Registration and Marking Requirements for Small Unmanned Aircraft

14 CFR part 49—Recording of Aircraft Titles and Security Documents

14 CFR part 406—Investigations, Enforcement, and Administrative Review

14 CFR part 413—License Application Procedures

14 CFR part 414—Safety Element Approvals

14 CFR part 415—Launch License

Year 2 (Fall 2025) List of rules analyzed and summary of results

14 CFR part 60—Flight Simulation Training Device Initial and Continuing Qualification and Use

14 CFR part 61—Certification: Pilots, Flight Instructors, and Ground Instructors

14 CFR part 63—Certification: Flight Crewmembers Other Than Pilots

14 CFR part 65—Certification: Airmen Other Than Flight Crewmembers

14 CFR part 67—Medical Standards and Certification

14 CFR part 68—Requirements for Operating Certain Small Aircraft Without a Medical Certificate

14 CFR part 71—Designation of Class A, B, C, D, and E Airspace Areas; Air Traffic Service Routes; and Reporting Points

14 CFR part 73—Special Use Airspace

14 CFR part 77—Safe, Efficient Use, and Preservation of the Navigable Airspace

Year 3 (2026) List of Rules To Be Analyzed the Next Year

14 CFR parts 89 through 107

14 CFR part 89—Remote Identification of Unmanned Aircraft

14 CFR part 91—General Operating and Flight Rules

14 CFR part 93—Special Air Traffic Rules

14 CFR part 95—IFR Altitudes

14 CFR part 97—Standard Instrument Procedures

14 CFR part 99—Security Control of Air Traffic

14 CFR part 101—Moored Balloons, Kites, Amateur Rockets, and Unmanned Free Balloons

14 CFR part 103—Ultralight Vehicles

14 CFR part 105—Parachute Operations

14 CFR part 107—Small Unmanned Aircraft Systems

Federal Highway Administration (FHWA)

Section 610 and Other Reviews

In complying with this section, FHWA has elected to use the two-step, two-year process used by most OAs. As such, FHWA 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.

Year Regulations to be reviewed Analysis year Review year
1 None 2018 2019
( printed page 53035)
2 23 CFR parts 1 to 260 2019 2020
3 23 CFR parts 420 to 470 2020 2021
4 23 CFR part 500 2021 2022
5 23 CFR parts 620 to 637 2022 2023
6 23 CFR parts 645 to 669 2023 2024
7 23 CFR parts 710 to 924 2024 2025
8 23 CFR parts 940 to 973 2025 2026
9 23 CFR parts 1200 to 1252 2026 2027
10 New parts and subparts 2027 2028

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 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, FHWA believes that its regulations in title 23 do not have a significant economic impact on a substantial number of small entities. FHWA solicits public comment on this preliminary conclusion.

Year 7 (Fall 2024) List of Rules Analyzed and a Summary of the Results

23 CFR part 710—Right-of-Way and Real Estate

23 CFR part 750—Highway Beautification

23 CFR part 751—Junkyard Control and Acquisition

23 CFR part 752—Landscape and Roadside Development

23 CFR part 771—Environmental Impact and Related Procedures

23 CFR part 772—Procedures for Abatement of Highway Traffic Noise and Construction Noise

23 CFR part 773—Surface Transportation Project Delivery Program Application Requirements and Termination

23 CFR part 774—Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites (Section 4(f))

23 CFR part 777—Mitigation of Impacts to Wetlands and Natural Habitat

23 CFR part 778—Pilot Program for Eliminating Duplication of Environmental Reviews

23 CFR part 810—Mass Transit and Special Use Highway Projects

23 CFR part 924—Highway Safety Improvement Program

Year 8 (Fall 2025) List of Rules To Be Analyzed

23 CFR part 940—Intelligent Transportation System Architecture and Standards

23 CFR part 950—Electronic Toll Collection

23 CFR part 970—National Park Service Management Systems

23 CFR part 971—Forest Service Management Systems

23 CFR part 972—Fish and Wildlife Management Systems

23 CFR part 973—Management Systems Pertaining to the Bureau of Indian Affairs and the Indian Reservation Roads Program

Federal Motor Carrier Safety Administration (FMCSA)

Section 610 and Other Reviews

In complying with this section, FMCSA has elected to use the two-step, two-year process used by most OAs. As such, FMCSA 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.

( printed page 53036)
Year Regulations to be reviewed Analysis year Review year
1 49 CFR part 386 2018 2019
2 49 CFR part 385 2019 2020
3 49 CFR parts 382 and 383 2020 2021
4 49 CFR part 380 2021 2022
5 49 CFR part 387 2022 2023
6 49 CFR part 398 2023 2024
7 49 CFR part 392 2024 2025
8 49 CFR part 375 2025 2026
9 49 CFR part 367 2026 2027
10 49 CFR part 395 2027 2028

Year 6 (2023) List of Rules That Were Analyzed and a Summary of the Results

49 CFR part 398—Transportation of Migrant Workers

49 CFR part 398 applies to carriers of migrant workers by motor vehicle, as defined in section 398.1(b), but only in the case of transportation of any migrant worker for a total distance of more than 75 miles (120.7 kilometers) in interstate commerce, as defined in 49 CFR 390.5. Parts 398.1 through 398.8 are related to driver and vehicle qualifications, safe driving, vehicle parts, accessories, maintenance, inspections, hours of service, and roadside inspections.

Year 7 (2024) List of Rules That Were Analyzed and a Summary of the Results

49 CFR part 392—Driving of Commercial Vehicles

49 CFR part 392 states that every motor carrier, its officers, agents, representatives, and employees responsible for the management, maintenance, operation, or driving of commercial motor vehicles, or the hiring, supervising, training, assigning, or dispatching of drivers, shall be instructed in and comply with the rules in this part. The rules in this part do not apply to drivers of “pipeline welding trucks” as defined in 49 CFR 390.38(b).

Year 8 (2025) List of Rules To Be Analyzed

National Highway Traffic Safety Administration (NHTSA)

Section 610 and Other Reviews

In complying with this section, NHTSA has elected to use the two-step, two-year process used by most OAs. As such, NHTSA 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.

Year Regulations to be reviewed Analysis year Review year
1 49 CFR 571.223 through 571.500, and parts 575 and 579 2018 2019
2 23 CFR part 1300 2019 2020
3 49 CFR parts 501 through 526 and 571.213 2020 2021
4 49 CFR 571.131, 571.217, 571.220, 571.221, and 571.222 2021 2022
5 49 CFR 571.101 through 571.110, and 571.135, 571.136, 571.138 and 571.139 2022 2023
6 49 CFR 571.141, and 49 CFR parts 529 through 578, except parts 571 and 575. 2023 2024
7 49 CFR 571.111 through 571.129 and parts 580 through 588 2024 2025
8 49 CFR 571.201 through 571.212 2025 2026
9 49 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

Years 1 Through 7 (Fall 2019-2025) List of Rules With Ongoing or Pending Analysis

49 CFR 571.101—Controls and displays

49 CFR part 571.102—Transmission shift position sequence, starter interlock, and transmission braking effect

49 CFR part 571.103—Windshield defrosting and defogging systems

49 CFR part 571.104—Windshield wiping and washing systems

49 CFR part 571.105—Hydraulic and electric brake systems

49 CFR part 571.106—Brake hoses

( printed page 53037)

49 CFR part 571.108—Lamps, reflective devices, and associated equipment

49 CFR part 571.109—New pneumatic tires for vehicles manufactured from 1949 to 1975, bias ply tires, and T-type spare tires

49 CFR part 571.110—Tire selection and rims and motor home/recreation vehicle trailer load carrying capacity information for motor vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or less

49 CFR part 571.111—Rear visibility

49 CFR part 571.113—Hood latch system

49 CFR part 571.114—Theft protection and rollaway prevention

49 CFR part 571.116—Motor vehicle brake fluids

49 CFR part 571.117—Retreaded pneumatic tires

49 CFR part 571.118—Power-operated window, partition, and roof panel systems

49 CFR part 571.119—New pneumatic tires for motor vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds), specialty tires, and tires for motorcycles

49 CFR part 571.120—Tire selection and rims and motor home/recreation vehicle trailer load carrying capacity information for motor vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds)

49 CFR part 571.121—Air brake systems

49 CFR part 571.122—Motorcycle brake systems

49 CFR part 571.123—Motorcycle controls and displays

49 CFR part 571.124—Accelerator control systems

49 CFR part 571.125—Warning devices

49 CFR part 571.126—Electronic stability control systems for light vehicles

49 CFR part 571.127—Automatic emergency braking systems for light vehicles

49 CFR part 571.129—New non-pneumatic tires for passenger cars

49 CFR part 571.131—School Bus Pedestrian Safety Devices

49 CFR part 571.135—Light vehicle brake systems

49 CFR part 571.136—Electronic stability control systems for heavy vehicles

49 CFR part 571.138—Tire pressure monitoring systems

49 CFR part 571.139—New pneumatic radial tires for light vehicle

49 CFR 571.141—Minimum Sound Requirements for Hybrid and Electric Vehicles

49 CFR part 571.213—Child Restraint Systems

49 CFR part 571.217—Bus Emergency Exits and Window Retention and Release

49 CFR part 571.220—School Bus Rollover Protection

49 CFR part 571.221—School Bus Body Joint Strength

49 CFR part 571.222—School Bus Passenger Seating and Crash Protection

49 CFR part 571.223—Rear Impact Guards

49 CFR part 571.224—Rear Impact Protection

49 CFR part 571.225—Child Restraint Anchorage Systems

49 CFR part 571.226—Ejection Mitigation

49 CFR part 571.301—Fuel System Integrity

49 CFR part 571.302—Flammability of Interior Materials

49 CFR part 571.303—Fuel System Integrity of Compressed Natural Gas Vehicles

49 CFR part 571.304—Compressed Natural Gas Fuel Container Integrity

49 CFR part 571.305—Electric-Powered Vehicles: Electrolyte Spillage and Electrical Shock Protection

49 CFR part 571.401—Interior Trunk Release

49 CFR part 571.403—Platform Lift Systems for Motor Vehicles

49 CFR part 571.404—Platform Lift Installations in Motor Vehicles

49 CFR part 571.500—Low-Speed Vehicles

49 CFR part 501—Organization and Delegation of Powers and Duties

49 CFR part 509—OMB Control Numbers for Information Collection Requirements

49 CFR part 510—Information Gathering Powers

49 CFR part 511—Adjudicative Procedures

49 CFR part 512—Confidential Business Information

49 CFR part 520—Procedures for Considering Environmental Impacts

49 CFR part 523—Vehicle Classification

49 CFR part 525—Exemptions from Average Fuel Economy Standards

( printed page 53039)

49 CFR part 526—Petitions and Plans for Relief under the Automobile Fuel Efficiency Act of 1980

49 CFR part 529—Manufacturers of Multistage Automobiles

49 CFR part 531—Passenger Automobile Average Fuel Economy Standards

49 CFR part 533—Light Truck Fuel Economy Standards

49 CFR part 534—Rights and Responsibilities of Manufacturers in the Context of Changes in Corporate Relationships

49 CFR part 535—Medium- and Heavy-Duty Vehicle Fuel Efficiency Program

49 CFR part 536—Transfer and Trading of Fuel Economy Credits

49 CFR part 537—Automotive Fuel Economy Reports

49 CFR part 538—Manufacturing Incentives for Alternative Fuel Vehicles

49 CFR part 541—Federal Motor Vehicle Theft Prevention Standard

49 CFR part 542—Procedures for Selecting Light Duty Truck Lines to Be Covered by the Theft Prevention Standard

49 CFR part 543—Exemption from Vehicle Theft Prevention Standard

49 CFR part 545—Federal Motor Vehicle Theft Prevention Standard Phase-in and Small-Volume Line Reporting Requirements

49 CFR part 551—Procedural Rules

49 CFR part 552—Petitions for Rulemaking, Defect, and Noncompliance Orders

49 CFR part 553—Rulemaking Procedures

49 CFR part 554—Standards Enforcement and Defects Investigation

49 CFR part 555—Temporary Exemption from Motor Vehicle Safety and Bumper Standards

49 CFR part 556—Exemption for Inconsequential Defect or Noncompliance

49 CFR part 557—Petitions for Hearings on Notification and Remedy of Defects

49 CFR part 562—Lighting and Marking of Agricultural Equipment

49 CFR part 563—Event Data Recorders

49 CFR part 564—Replaceable Light Source and Sealed Beam Headlamp Information

49 CFR part 565—Vehicle Identification Number (VIN) Requirements

49 CFR part 566—Manufacturer Identification

49 CFR part 567—Certification

49 CFR part 568—Vehicles Manufactured in Two or More Stages—All Incomplete, Intermediate and Final-Stage Manufacturers of Vehicles Manufactured in Two or More Stages

49 CFR part 569—Regrooved Tires

49 CFR part 570—Vehicle in Use Inspection Standards

49 CFR part 572—Anthropomorphic Test Devices

49 CFR part 573—Defect and Noncompliance Responsibility and Reports

49 CFR part 574—Tire Identification and Recordkeeping

49 CFR part 575—Consumer Information

49 CFR part 576—Record Retention

49 CFR part 577—Defect and Noncompliance Notification

49 CFR part 578—Civil and Criminal Penalties

49 CFR part 579—Reporting of Information and Communications About Potential Defects

49 CFR part 580—Odometer Disclosure Requirements

49 CFR part 581—Bumper Standard

49 CFR part 582—Insurance Cost Information Regulation

49 CFR part 583—Automobile Parts Content Labeling

49 CFR part 585—Phase-in Reporting Requirements

49 CFR part 586—Replica Motor Vehicles

49 CFR part 587—Deformable Barriers

49 CFR part 588—Child Restraint Systems Recordkeeping Requirements

23 CFR part 1200—Uniform Procedures for State Highway Safety Grant Programs

23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs

FEDERAL RAILROAD ADMINISTRATION (FRA)

Section 610 and Other Reviews

In complying with this section, FRA has elected to use the two-step, two-year process used by most OAs. As such, FRA 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.

( printed page 53041)
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, 239, 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 7 (Fall 2024) List of Rules Analyzed and a Summary of Results

49 CFR part 237—Bridge Safety Standards

Section 610: There is no SEISNOSE. In the final rule, FRA asked for public comment to determine whether the rule would impose significant costs on small entities. FRA received no public comments in response to this request. General: The rule prescribes minimum requirements for people responsible for railroad bridges to implement safety assurance programs to protect safe operations of trains over bridges. FRA's plain language review of this rule indicates no need for substantial revision.

49 CFR part 238—Passenger Equipment Safety Standards

Section 610: There is no SEISNOSE.

General: No changes are needed. These regulations are cost effective and impose the least burden. 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. Smaller commuter railroads or rapid transit systems that operate over the general railroad system of transportation are not affected disproportionately. The level of costs incurred by each organization should vary in proportion to the organization's size. For instance, railroads with fewer passenger cars will have lower costs associated with both employee efficiency testing and emergency exit inspections. Small passenger rail operations such as tourist, scenic, excursion, and historic railroads are exempted from the rule.

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, 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 240—Qualification and Certification of Locomotive Engineers

Section 610: There is no SEISNOSE. Although a substantial number of small railroads are subject to this rule, the economic impact is not significant. These small entities employ approximately less than 12% of the 153,000 workers in the industry. In addition, the rule does not apply to tourist, scenic, historic, or excursion operations that are not part of the general railroad system of transportation. Data suggests that small entities require fewer locomotive engineers to operate and do not incur significant training and administrative costs on average.

General: The rule prescribes minimum Federal safety standards and guidelines for the eligibility, training, testing, certification, and monitoring of all locomotive engineers which are necessary to ensure and enhance the protection and safety of railroad employees and the 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 241—United States Locational Requirement for Dispatching of United States Rail Operations

Year 8 (Fall 2025) List of Rules(s) That Will Be Analyzed During This Year

49 CFR part 242—Qualification and Certification of Conductors

49 CFR part 243—Training, Qualification, and Oversight for Safety-Related Railroad Employees

49 CFR part 244—Regulations on Safety Integration Plans Governing Railroad Consolidations, Mergers, and Acquisitions of Control

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

49 CFR part 256—Financial Assistance for Railroad Passenger Terminals

Federal Transit Administration (FTA)

Section 610 and Other Reviews

In complying with this section, FTA has elected to use the two-step, two-year process used by most OAs. 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.

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 6 (Fall 2023) List of Rules Analyzed and Summary of Results

49 CFR part 602—Emergency Relief

49 CFR part 614—Transportation Infrastructure Management

Year 7 (Fall 2024) List of Rules Analyzed and Summary of Results

49 CFR part 661—Buy America Requirements

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

Year 8 (Fall 2025) List of Rules To Be Analyzed

49 CFR parts 625—Transit Asset Management

49 CFR part 630—National Transit Database

49 CFR part 665—Bus Testing

Maritime Administration (MARAD)

Section 610 and Other Reviews

In complying with this section, MARAD has elected to use the two-step, two-year process used by most OAs. As such, MARAD 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.

Year Regulations to be reviewed Analysis year Review year
1 46 CFR parts 201 through 205 and 46 CFR parts 381 and 382 2018 2019
2 46 CFR parts 221 through 232 2019 2020
3 46 CFR parts 249 through 296 2020 2021
4 46 CFR part 298 2021 2022
5 46 CFR parts 307 through 309 2022 2023
6 46 CFR part 310 2023 2024
7 46 CFR parts 315 through 340 2024 2025
8 46 CFR parts 345 through 381 2025 2026
9 46 CFR parts 382 through 389 2026 2027
10 46 CFR parts 390 through 393 2027 2028

Year 6 (2023) List of Rules Analyzed and Summary of Results

46 CFR part 310—Merchant Marine Training

Year 7 (2024) List of Rules Analyzed and Summary of Results

46 CFR parts 315 through 340—The National Shipping Authority Regulations

Year 8 (2025) List of Rules To Be Analyzed

46 CFR parts 345—348 [Reserved]

49 CFR part 349—Reemployment Rights of Certain Merchant Seamen

49 CFR part 350—Seamen's Service Awards

49 CFR part 351—Depositories

49 CFR part 355—Requirements for Establishing United States Citizenship

49 CFR part 356—Requirements for Vessels of 100 Feet or Greater in Registered Length to Obtain a Fishery Endorsement to the Vessel's Documentation

49 CFR part 370—Claims

49 CFR part 380—Procedures

49 CFR part 381—Cargo Preference—U.S.-Flag Vessels

Great Lakes Saint Lawrence Seaway Development Corporation (GLS)

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 recurs each year of the 10-year review cycle (currently 2018 through 2027).

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

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Section 610 and Other Reviews

In complying with this section, PHMSA has elected to use the two-step, two-year process used by most OAs. As such, PHMSA 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.

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

Year 7 (Fall 2024) List of Rules Analyzed and a Summary of Results

49 CFR part 176—CARRIAGE BY VESSEL.

49 CFR part 191—TRANSPORTATION OF NATURAL AND OTHER GAS BY ( printed page 53044) PIPELINE: ANNUAL, INCIDENT, AND OTHER REPORTING

49 CFR part 192—TRANSPORTATION OF NATURAL GAS AND OTHER GAS BY PIPELINE: MINIMUM FEDERAL SAFETY STANDARDS

Year 8 (Fall 2025) List of Rules To Be Analyzed

49 CFR part 172—HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING REQUIREMENTS, AND SECURITY PLANS

49 CFR part 178—SPECIFICATIONS FOR PACKAGINGS

BILLING CODE 4910-81-P

Federal Aviation Administration—Final Rule Stage
Sequence No. Title Regulation Identifier No.
299 Requirements to File Notice of Construction of Meteorological Evaluation Towers and Other Renewable Energy Projects (Section 610 Review) 2120-AK77
300 Registration and Marking Requirements for Small Unmanned Aircraft 2120-AK82

Federal Aviation Administration—Long-Term Actions
Sequence No. Title Regulation Identifier No.
301 Aircraft Registration, Airman Certification, and Airman Medical Certificate Fees 2120-AK37
302 Operating Requirements: Definition Changes for On-Demand Operation, Scheduled Operation, and Supplemental Operation 2120-AM05

Federal Motor Carrier Safety Administration—Long-Term Actions
Sequence No. Title Regulation Identifier No.
303 Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor Carriers Operating in the United States 2126-AA35
304 Self-Insurance Program Cost Recovery (Section 610 Review) 2126-AC58

Federal Railroad Administration—Proposed Rule Stage
Sequence No. Title Regulation Identifier No.
305 Risk Reduction Program (Section 610 Review) 2130-AC89

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

Pipeline and Hazardous Materials Safety Administration—Proposed Rule Stage
Sequence No. Title Regulation Identifier No.
307 Pipeline Safety: Safety of Gas Distribution Pipelines and Other Pipeline Safety Initiatives 2137-AF53

Pipeline and Hazardous Materials Safety Administration—Long-Term Actions
Sequence No. Title Regulation Identifier No.
308 Pipeline Safety: Gas Pipeline Leak Detection and Repair 2137-AF51
( printed page 53045)
309 Pipeline Safety: Pipeline Operational Status 2137-AF52

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

Maritime Administration—Final Rule Stage
Sequence No. Title Regulation Identifier No.
311 Establishing Safe and Secure Merchant Marine Training, Every Mariner Builds A Respectful Culture (EMBARC) (Section 610 Review) 2133-AB99
Department of Transportation (DOT) Final Rule Stage
Federal Aviation Administration (FAA)
 

299. REQUIREMENTS TO FILE NOTICE OF CONSTRUCTION OF METEOROLOGICAL EVALUATION TOWERS AND OTHER RENEWABLE ENERGY PROJECTS (SECTION 610 REVIEW)

Legal Authority: 49 U.S.C. 40103; 49 U.S.C. 106(f)

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 11/18/24 89 FR 90627
NPRM Comment Period End 01/17/25
Final Rule 07/00/26

Regulatory Flexibility Analysis Required: No

Agency Contact: Brian Konie, Air Traffic Service, Department of Transportation, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591

Phone: 202 267-8783

Email:

RIN: 2120-AK77

300. REGISTRATION AND MARKING REQUIREMENTS FOR SMALL UNMANNED AIRCRAFT

Legal Authority: 49 U.S.C. 106(f), 49 U.S.C. 41703, 44101 to 44106, 44110 to 44113, and 44701

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

Timetable:

Action Date FR Cite
Interim Final Rule 12/16/15 80 FR 78593
Interim Final Rule Effective 12/21/15
OMB Approval of Information Collection 12/21/15 80 FR 79255
Interim Final Rule Comment Period End 01/15/16
Final Action 02/00/27

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Natalie Wilkowske, Department of Transportation, Federal Aviation Administration, 6500 S MacArthur Boulevard, Registry Building 26, Room 118, Oklahoma City, OK 73169

Phone: 866 762-9434

Email:

RIN: 2120-AK82

Department of Transportation (DOT) Long-Term Actions
Federal Aviation Administration (FAA)
 

301. AIRCRAFT REGISTRATION, AIRMAN CERTIFICATION, AND AIRMAN MEDICAL CERTIFICATE FEES

Legal Authority: 31 U.S.C. 9701; 4 U.S.C. 1830; 49 U.S.C. 106(f); 49 U.S.C. 106(g); 49 U.S.C. 106(l)(6); 49 U.S.C. 40104; 49 U.S.C. 40105; 49 U.S.C. 40109; 49 U.S.C. 40113; 49 U.S.C. 40114; 49 U.S.C. 44101 to 44108; 49 U.S.C. 44110 to 44113; 49 U.S.C. 44701 to 44704; 49 U.S.C. 44707; 49 U.S.C. 44709 to 44711; 49 U.S.C. 44713; 49 U.S.C. 45102; 49 U.S.C. 45103; 49 U.S.C. 45301; 49 U.S.C. 45302; 49 U.S.C. 45305; 49 U.S.C. 46104; 49 U.S.C. 46301; Pub. L. 108-297, 118 Stat. 1095

Abstract: This rulemaking would establish fees for airman certificates, medical certificates, and provision of legal opinions pertaining to aircraft registration or recordation. This rulemaking also would revise existing fees for aircraft registration, recording of security interests in aircraft or aircraft parts, and replacement of an airman certificate. This rulemaking addresses provisions of the FAA Modernization and Reform Act of 2012. This rulemaking is intended to recover the estimated costs of the various services ( printed page 53046) and activities for which fees would be established or revised.

Timetable:

Action Date FR Cite
Next Action Undetermined To Be Determined

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Isra Raza, Department of Transportation, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591

Phone: 202 267-8994

Email:

RIN: 2120-AK37

302. OPERATING REQUIREMENTS: DEFINITION CHANGES FOR ON-DEMAND OPERATION, SCHEDULED OPERATION, AND SUPPLEMENTAL OPERATION

Legal Authority: 49 U.S.C. 106; 49 U.S.C. 44701

Abstract: The Federal Aviation Administration (FAA) proposes to amend regulations by removing all references to public charter operations and part 380 from the definitions of scheduled operation, on-demand operation, and supplemental operation. The FAA also proposes to amend the definitions of on-demand operation and supplemental operation by replacing language related to negotiated operations with language clarifying that for such operations the departure location, departure time, and arrival location cannot be offered in advance. The proposed rule would ensure that all public charter operations are conducted under the appropriate level of safety.

Timetable:

Action Date FR Cite
Next Action Undetermined To Be Determined

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Jackie Clow, Department of Transportation, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591

Phone: 202 267-8166

Email:

RIN: 2120-AM05

BILLING CODE 4910-13-P

Department of Transportation (DOT) Long-Term Actions
Federal Motor Carrier Safety Administration (FMCSA)
 

303. SAFETY MONITORING SYSTEM AND COMPLIANCE INITIATIVE FOR MEXICO-DOMICILED MOTOR CARRIERS OPERATING IN THE UNITED STATES

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 End 04/18/02
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: Wendy Liberante, Department of Transportation, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590

Phone: 202 366-2551

Email:

RIN: 2126-AA35

304. SELF-INSURANCE PROGRAM COST RECOVERY (SECTION 610 REVIEW)

Legal Authority: 31 U.S.C. 9701 and 49 U.S.C. 13906(d); 49 U.S.C. 13908(d)

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

Timetable:

Action Date FR Cite
Next Action Undetermined To Be Determined

Regulatory Flexibility Analysis Required: No

Agency Contact: Kenneth Riddle, Office Director, Department of Transportation, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, W65-308, Washington, DC 20590

Phone: 202 366-9616

Email:

RIN: 2126-AC58

BILLING CODE 4910-EX-P

Department of Transportation (DOT) Proposed Rule Stage
Federal Railroad Administration (FRA)
 

305. RISK REDUCTION PROGRAM (SECTION 610 REVIEW)

Legal Authority: 49 U.S.C. 20103; 49 U.S.C. 20156

Relevant Executive Orders: 14192

Abstract: FRA published the Risk Reduction Program (RRP) final rule on February 18, 2020, as required by 49 U.S.C. 20156. The RRP final rule established regulations at 49 CFR part 271, requiring Class I freight railroads and Class II and III freight railroads that demonstrate inadequate safety ( printed page 53047) performance to develop and implement an RRP to improve the safety of their operations. This NPRM would address a procedural issue raised in an Association of American Railroads (AAR) petition to remove 49 CFR 271.3(c), which states that employees of railroad contractors that perform a “Significant portion of a railroad's operation” are considered the railroad's “directly affected employees” for purposes of the RRP rule.

Timetable:

Action Date FR Cite
NPRM 09/08/22 87 FR 54938
NPRM Comment Period End 11/07/22
Second NPRM 10/00/26

Regulatory Flexibility Analysis Required: No

Agency Contact: Kathryn Gresham, Attorney Adviser, Department of Transportation, Federal Railroad Administration, 1200 New Jersey Avenue SE, Washington, DC 20590

Phone: 202 577-7142

Email:

RIN: 2130-AC89

Department of Transportation (DOT) Final Rule Stage
Federal Railroad Administration (FRA)
 

306. POSITIVE TRAIN CONTROL SYSTEMS (SECTION 610 REVIEW)

Legal Authority: 49 U.S.C. 20103; 49 U.S.C. 20157

Relevant Executive Orders: 14192

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

Timetable:

Action Date FR Cite
NPRM 10/27/24 89 85462
Comment Period Extended 12/23/24 89 104510
NPRM Comment Period End 01/11/25
Final Rule 07/00/26

Regulatory Flexibility Analysis Required: No

Agency Contact: Kathryn Gresham, Attorney Adviser, Department of Transportation, Federal Railroad Administration, 1200 New Jersey Avenue SE, Washington, DC 20590

Phone: 202 577-7142

Email:

RIN: 2130-AC95

BILLING CODE 4910-06-P

Department of Transportation (DOT) Proposed Rule Stage
Pipeline and Hazardous Materials Safety Administration (PHMSA)
 

307. PIPELINE SAFETY: SAFETY OF GAS DISTRIBUTION PIPELINES AND OTHER PIPELINE SAFETY INITIATIVES

Legal Authority: 49 U.S.C. 60101 et seq.

Abstract: This rulemaking would amend the pipeline safety regulations to enhance the safety requirements for gas distribution pipelines. The rule is necessary to respond to several mandates from Title II of the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020 (PIPES Act of 2020).

Timetable:

Action Date FR Cite
NPRM 09/07/23 88 FR 61746
NPRM Comment Period End 11/06/23
Hearing/Public Hearing/Public Meeting 07/00/26

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Robert Jagger, Senior Transportation Specialist, Department of Transportation, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590

Phone: 202 557-6765

Email:

RIN: 2137-AF53

Department of Transportation (DOT) Long-Term Actions
Pipeline and Hazardous Materials Safety Administration (PHMSA)
 

308. PIPELINE SAFETY: GAS PIPELINE LEAK DETECTION AND REPAIR

Legal Authority: 49 U.S.C. 60101 et seq.

Abstract: This rulemaking action would amend the pipeline safety regulations to enhance requirements for detecting and repairing leaks on new and existing natural gas distribution, gas transmission, and gas gathering pipelines. The proposed rule is necessary to respond to a mandate from Section 113 of the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020.

Timetable:

Action Date FR Cite
Next Action Undetermined To Be Determined
Action Date FR Cite
NPRM 05/18/23 88 FR 31890
NPRM Comment Period End 07/17/23
Final Rule To Be Determined

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Sayler Palabrica, Department of Transportation, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590

Phone: 202 744-0825

Email:

RIN: 2137-AF51

309. PIPELINE SAFETY: PIPELINE OPERATIONAL STATUS

Legal Authority: 49 U.S.C. 60101 et seq.

Relevant Executive Orders: 14219; 14154; 14156; 14192

Abstract: This rulemaking would amend the pipeline safety regulations to define an idled operational status for natural gas and hazardous liquid pipelines that are temporarily removed ( printed page 53048) from service, set operations and maintenance requirements for idled pipelines, and establish inspection requirements for idled pipelines that are returned to service. The proposed rule is necessary to respond to a mandate from the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020.

Timetable:

Action Date FR Cite
NPRM 07/00/27

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Robert Jagger, Senior Transportation Specialist, Department of Transportation, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590

Phone: 202 557-6765

Email:

RIN: 2137-AF52

BILLING CODE 4910-60-P

Department of Transportation (DOT) Proposed Rule Stage
Maritime Administration (MARAD)
 

310. CARGO PREFERENCE—U.S. FLAG VESSELS REGULATORY UPDATE (SECTION 610 REVIEW)

Legal Authority: 46 U.S.C. ch. 553, 49 CFR 1.93(a)

Abstract: The purpose of this rulemaking is to respond to a statutory directive in section 3502 of the National Defense Authorization Act for Fiscal Year 2023 (FY23 NDAA) requiring MARAD to issue a final rule to implement and enforce the cargo preference requirements in 46 U.S.C. 55305(d).

Timetable:

Action Date FR Cite
NPRM 07/00/26

Regulatory Flexibility Analysis Required: No

Agency Contact: Mitch Hudson, Senior Attorney, Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE, Washington, DC 20590

Phone: 202 366-9373

Email:

RIN: 2133-AB97

Department of Transportation (DOT) Final Rule Stage
Maritime Administration (MARAD)
 

311. ESTABLISHING SAFE AND SECURE MERCHANT MARINE TRAINING, EVERY MARINER BUILDS A RESPECTFUL CULTURE (EMBARC) (SECTION 610 REVIEW)

Legal Authority: 46 U.S.C. 50101, 46 U.S.C. 51103, 46 U.S.C. 51322, 46 U.S.C. 57100, 49 CFR 1.93

Relevant Executive Orders: 14219

Abstract: The purpose of this rule is to provide for a safe and secure work environment for U.S. Merchant Marine Academy and State Maritime Academy cadets assigned to a vessel for training or educational purposes and to provide for the operation of a safe and efficient United States Merchant Marine through the prevention of and response to prohibited behavior such as sexual assault and harassment of any kind.

Timetable:

Action Date FR Cite
Final Rule 07/00/26

Regulatory Flexibility Analysis Required: No

Agency Contact: Mitch Hudson, Senior Attorney, Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE, Washington, DC 20590

Phone: 202 366-9373

Email:

RIN: 2133-AB99

Footnotes

1.   See, e.g., Department Order 2100.6B, “Policies and Procedures for Rulemakings” (effective March 10, 2025); Department Order 2100.7, “Ensuring Reliance upon Sound Economic Analysis in Department of Transportation Policies, Programs, and Activities” (effective Jan. 29, 2025); Memorandum, “Review and Clearance of Guidance Documents” (March 11, 2025), available at www.transportation.gov/​regulations/​review-and-clearance-guidance-documents (issued by then-Acting General Counsel Gregory Cote).

Back to Citation

[FR Doc. 2026-16607 Filed 8-13-26; 8:45 am]

BILLING CODE 4910-81-P

Legal Citation

Federal Register Citation

Use this for formal legal and research references to the published document.

91 FR 53028

Web Citation

Suggested Web Citation

Use this when citing the archival web version of the document.

“Department Regulatory and Deregulatory Agenda; Summary,” thefederalregister.org (August 14, 2026), https://thefederalregister.org/documents/2026-16607/department-regulatory-and-deregulatory-agenda-summary.