40092 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 

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 

[OST Docket 99–5129] 

Department Regulatory Agenda; 

Semiannual Summary 

AGENCY: Office of the Secretary, DOT. 

ACTION: Semiannual regulatory agenda. 

SUMMARY: The regulatory agenda is a 

semiannual summary of all current and 

projected rulemakings, reviews of 

existing regulations, and completed 

actions of the Department. The agenda 

provides the public with information 

about the Department of 

Transportation’s regulatory activity. It is 

expected that this information will 

enable the public to be more aware of 

and allow it to more effectively 

participate in the Department’s 

regulatory activity. The public is also 

invited to submit comments on any 

aspect of this agenda. 

FOR FURTHER INFORMATION CONTACT: 

General 

You should direct all comments and 

inquiries on the agenda in general to 

Neil R. Eisner, Assistant General 

Counsel for Regulation and 

Enforcement, Department of 

Transportation, 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. 

Individuals who use a 

telecommunications device for the deaf 

(TDD) may call (202) 755–7687. 

Table of Contents 

Supplementary Information: 

Background 

Significant/Priority Rulemakings 

Explanation of Information on the Agenda 

Request for Comments 

Purpose 

Appendix A—Instructions for Obtaining 

Copies of Regulatory Documents 

Appendix B—General Rulemaking Contact 

Persons 

Appendix C—Public Rulemaking Dockets 

Appendix D—Review Plans for Section 610 

and Other Requirements Agenda 

SUPPLEMENTARY INFORMATION: 

Background 

Improvement of our regulations is a 

prime goal of the Department of 

Transportation (Department or DOT). 

Our regulations should be clear, simple, 

timely, fair, reasonable, and necessary. 

They should not be issued without 

appropriate involvement of the public; 

once issued, they should be periodically 

reviewed and revised, as needed, to 

assure that they continue to meet the 

needs for which they originally were 

designed. To view additional 

information about the Department of 

Transportation’s regulatory activities 

online, go to http://regs.dot.gov. Among 

other things, this website provides a 

report, updated monthly, on the status 

of the DOT significant rulemakings 

listed in the semi-annual Agenda. 

To help the Department achieve these 

goals and in accordance with Executive 

Order (EO) 12866, ‘‘Regulatory Planning 

and Review,’’ (58 FR 51735; Oct 4, 1993) 

and the Department’s Regulatory 

Policies and Procedures (44 FR 11034; 

Feb 26, 1979), the Department prepares 

a semiannual regulatory agenda. It 

summarizes all current and projected 

rulemaking, reviews of existing 

regulations, and completed actions of 

the Department. These are matters on 

which action has begun or is projected 

during the succeeding 12 months or 

such longer period as may be 

anticipated or for which action has been 

completed since the last agenda. 

The agendas are based on reports 

submitted by the offices initiating the 

rulemaking and are reviewed by the 

Department Regulations Council. The 

Department’s last agenda was published 

in the Federal Register on December 20, 

2010 (75 FR 79812). The next one is 

scheduled for publication in the Federal 

Register in fall 2011. 

The Internet is the basic means for 

disseminating the Unified Agenda. The 

complete Unified Agenda is available 

online at www.reginfo.gov, in a format 

that offers users a greatly enhanced 

ability to obtain information from the 

Agenda database. 

Because publication in the Federal 

Register is mandated for the regulatory 

flexibility agendas required by the 

Regulatory Flexibility Act (5 U.S.C. 

602), DOT’s printed agenda entries 

include only: 

1. The Agency’s agenda preamble; 

2. Rules that are in the Agency’s 

regulatory flexibility agenda, in 

accordance with the Regulatory 

Flexibility Act, because they are likely 

to have a significant economic impact 

on a substantial number of small 

entities; and 

3. Any rules that the Agency has 

identified for periodic review under 

section 610 of the Regulatory Flexibility 

Act. 

Printing of these entries is limited to 

fields that contain information required 

by the Regulatory Flexibility Act’s 

Agenda requirements. These elements 

are: Sequence Number; Title; Section 

610 Review, if applicable; Legal 

Authority; Abstract; Timetable; 

Regulatory Flexibility Analysis 

Required; Agency Contact; and 

Regulation Identifier Number (RIN). 

Additional information (for detailed list 

see section heading ‘‘Explanation of 

Information on the Agenda’’) on these 

entries is available in the Unified 

Agenda published on the Internet. 

Significant/Priority Rulemakings 

The agenda covers all rules and 

regulations of the Department. We have 

classified rules as a DOT agency priority 

in the agenda if they are, essential, very 

costly, controversial, or of substantial 

public interest under our Regulatory 

Policies and Procedures. All DOT 

agency priority rulemaking documents 

are subject to review by the Secretary of 

Transportation. If the Office of 

Management and Budget (OMB) decides 

a rule is subject to its review under 

Executive Order 12866, we have 

classified it as significant in the agenda. 

Explanation of Information on the 

Agenda 

An Office of Management and Budget 

memorandum, dated January 21, 2011, 

requires the format for this agenda. 

First, the agenda is divided by 

initiating offices. Then, the agenda is 

divided into five categories: (1) Prerule 

stage, (2) proposed rule stage, (3) final 

rule stage, (4) long-term actions, and (5) 

completed actions. For each entry, the 

agenda provides the following 

information: (1) its ‘‘significance’’; (2) a 

short, descriptive title; (3) its legal basis; 

(4) the related regulatory citation in the 

Code of Federal Regulations; (5) any 

legal deadline and, if so, for what action 

(e.g., NPRM, final rule); (6) an abstract; 

(7) a timetable, including the earliest 

expected date for a decision on whether 

to take the action; (8) whether the 

rulemaking will affect small entities 

and/or levels of government and, if so, 

which categories; (9) whether a 

Regulatory Flexibility Act (RFA) 

analysis is required (for rules that would 


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have a significant economic impact on 

a substantial number of small entities); 

(10) a listing of any analyses an office 

will prepare or has prepared for the 

action (with minor exceptions, DOT 

requires an economic analysis for all its 

rulemakings); (11) an agency contact 

office or official who can provide 

further information; (12) a Regulation 

Identifier Number (RIN) assigned to 

identify an individual rulemaking in the 

agenda and facilitate tracing further 

action on the issue; (13) whether the 

action is subject to the Unfunded 

Mandates Reform Act; (14) whether the 

action is subject to the Energy Act; and 

(15) whether the action is major under 

the congressional review provisions of 

the Small Business Regulatory 

Enforcement Fairness Act. If there is 

information that does not fit in the other 

categories, it will be included under a 

separate heading entitled ‘‘Additional 

Information.’’ 

For nonsignificant regulations issued 

routinely and frequently as a part of an 

established body of technical 

requirements (such as the Federal 

Aviation Administration’s Airspace 

Rules), to keep those requirements 

operationally current, we only include 

the general category of the regulations, 

the identity of a contact office or 

official, and an indication of the 

expected number of regulations; we do 

not list individual regulations. 

In the ‘‘Timetable’’ column, we use 

abbreviations to indicate the particular 

documents being considered. ANPRM 

stands for Advance Notice of Proposed 

Rulemaking, SNPRM for Supplemental 

Notice of Proposed Rulemaking, and 

NPRM for Notice of Proposed 

Rulemaking. Listing a future date in this 

column does not mean we have made a 

decision to issue a document; it is the 

earliest date on which we expect to 

make a decision on whether to issue it. 

In addition, these dates are based on 

current schedules. Information received 

subsequent to the issuance of this 

agenda could result in a decision not to 

take regulatory action or in changes to 

proposed publication dates. For 

example, the need for further evaluation 

could result in a later publication date; 

evidence of a greater need for the 

regulation could result in an earlier 

publication date. 

Finally, a dot (•) preceding an entry 

indicates that the entry appears in the 

agenda for the first time. 

Request for Comments 

General 

Our agenda is intended primarily for 

the use of the public. Since its 

inception, we have made modifications 

and refinements that we believe provide 

the public with more helpful 

information, as well as make the agenda 

easier to use. We would like you, the 

public, to make suggestions or 

comments on how the agenda could be 

further improved. 

Reviews 

We also seek your suggestions on 

which of our existing regulations you 

believe need to be reviewed to 

determine whether they should be 

revised or revoked. We particularly 

draw your attention to the Department’s 

review plan in Appendix D. 

Regulatory Flexibility Act 

The Department is especially 

interested in obtaining information on 

requirements that have a ‘‘significant 

economic impact on a substantial 

number of small entities’’ and, therefore, 

must be reviewed under the Regulatory 

Flexibility Act. If you have any 

suggested regulations, please submit 

them to us, along with your explanation 

of why they should be reviewed. 

In accordance with the Regulatory 

Flexibility Act, comments are 

specifically invited on regulations that 

we have targeted for review under 

section 610 of the Act. The phrase 

(Section 610 Review) appears at the end 

of the title for these reviews. Please see 

Appendix D for the Department’s 

section 610 review plans. 

Consultation With State, Local, and 

Tribal Governments 

Executive orders 13132 and 13175 

require us to develop an accountable 

process to ensure ‘‘meaningful and 

timely input’’ by State, local, and tribal 

officials in the development of 

regulatory policies that have federalism 

or tribal implications. These policies are 

defined in the Executive orders to 

include regulations that have 

‘‘substantial direct effects’’ on States or 

Indian tribes, on the relationship 

between the Federal Government and 

them, or on the distribution of power 

and responsibilities between the Federal 

Government and various levels of 

government or Indian tribes. Therefore, 

we encourage State and local 

governments or Indian tribes to provide 

us with information about how the 

Department’s rulemakings impact them. 

Purpose 

The Department is publishing this 

regulatory agenda in the Federal 

Register to share with interested 

members of the public the Department’s 

preliminary expectations regarding its 

future regulatory actions. This should 

enable the public to be more aware of 

the Department’s regulatory activity and 

should result in more effective public 

participation. This publication in the 

Federal Register does not impose any 

binding obligation on the Department or 

any of the offices within the Department 

with regard to any specific item on the 

agenda. Regulatory action, in addition to 

the items listed, is not precluded. 

Dated: March 28, 2011. 

Ray LaHood, 

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 agenda, are available 

through the Internet at http:// 

www.regulations.gov. See Appendix C 

for more information. 

(Name of contact person), (Name of 

the DOT agency), 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

(For the Federal Aviation 

Administration, substitute the following 

address: Office of Rulemaking, ARM–1, 

800 Independence Avenue SW., 

Washington, DC 20591). 

Appendix B—General Rulemaking 

Contact Persons 

The following is a list of persons who 

can be contacted within the Department 

for general information concerning the 

rulemaking process within the various 

operating administrations. 

FAA—Rebecca MacPherson, Office of 

Chief Counsel, Regulations and 

Enforcement Division, 800 

Independence Avenue SW., Room 

915A, Washington, DC 20591; telephone 

(202) 267–3073. 

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 Shelton, Office of 

Chief Counsel, 1200 New Jersey Avenue 

SE., Room W31–214, Washington, DC 

20590; telephone (202) 493–6063. 

FTA—Linda Ford, Office of Chief 

Counsel, 1200 New Jersey Avenue SE., 

Room E56–202, Washington, DC 20590; 

telephone (202) 366–4063. 


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SLSDC—Carrie Mann Lavigne, Chief 

Counsel, 1200 New Jersey Avenue SE., 

Washington, DC 20590; telephone (202) 

366–0091. 

PHMSA—Patricia Burke, Office of 

Chief Counsel, 1200 New Jersey Avenue 

SE., Washington, DC 20590; telephone 

(202) 366–4400. 

MARAD—Christine Gurland, Office of 

Chief Counsel, Maritime 

Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590; 

telephone (202) 366–5157. 

RITA—Robert Monniere, Office of 

Chief Counsel, 1200 New Jersey Avenue 

SE., Washington, DC 20590; telephone 

(202) 366–5498. 

OST—Neil Eisner, Office of 

Regulation and Enforcement, 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: 9–5. 

Appendix D—Review Plans for Section 

610 and Other Requirements 

Part I—The Plan 

General 

The Department of Transportation has 

long recognized the importance of 

regularly reviewing its existing 

regulations to determine whether they 

need to be revised or revoked. Our 1979 

Regulatory Policies and Procedures 

require such reviews. We also have 

responsibilities under Executive Order 

12866, ‘‘Regulatory Planning and 

Review,’’ and section 610 of the 

Regulatory Flexibility Act to conduct 

such reviews. This includes the use of 

plain language techniques in new rules 

and considering its use in existing rules 

when we have the opportunity and 

resources to permit its use. We are 

committed to continuing our reviews of 

existing rules and, if needed, will 

initiate rulemaking actions based on 

these reviews. 

As part of its implementation of 

Executive Order 13563, ‘‘Improving 

Regulation and Regulatory Review,’’ 

issued by the President on January 18, 

2011, the Department has added another 

element to its review plans. On 

February 16, 2011, we published a 

notice seeking public comments and 

information from interested parties to 

assist DOT in improving its methods for 

reviewing existing rules to determine 

whether any such regulations should be 

modified, streamlined, expanded, or 

repealed and helping us identify any 

specific, existing rules that may be 

outmoded, ineffective, insufficient, or 

excessively burdensome. These new 

actions are in addition to the other steps 

described in this Appendix. 

Section 610 Review Plan 

Section 610 requires that we conduct 

reviews of rules that (1): Have been 

published within the last 10 years and, 

(2) have a ‘‘significant economic impact 

on a substantial number of small 

entities’’ (SEIOSNOSE). It also requires 

that we publish in the Federal Register 

each year a list of any such rules that 

we will review during the next year. 

The Office of the Secretary and each of 

the Department’s Operating 

Administrations have a 10-year review 

plan. These reviews comply with 

section 610 of the Regulatory Flexibility 

Act. 

Other Review Plan(s) 

All elements of the Department, 

except for the Federal Aviation 

Administration (FAA), have also elected 

to use this 10-year plan process to 

comply with the review requirements of 

the Department’s Regulatory Policies 

and Procedures and Executive Order 

12866. 

Changes to the Review Plan 

Some reviews may be conducted 

earlier than scheduled. For example, to 

the extent resources permit, the plain 

language reviews will be conducted 

more quickly. Other events, such as 

accidents, may result in the need to 

conduct earlier reviews of some rules. 

Other factors may also result in the need 

to make changes; for example, we may 

make changes in response to public 

comment on this plan or in response to 

a Presidentially mandated review. If 

there is any change to the review plan, 

we will note the change in the following 

agenda. For any section 610 review, we 

will provide the required notice prior to 

the review. 

Part II—The Review Process 

The Analysis 

Generally, the agencies have divided 

their rules into 10 different groups and 

plan to analyze one group each year. For 

purposes of these reviews, a year will 

coincide with the fall-to-fall schedule 

for publication of the agenda. Thus, 

Year 1 (2008) begins in the fall of 2008 

and ends in the fall of 2009; Year 2 

(2009) begins in the fall of 2009 and 

ends in the fall of 2010, and so on. We 

request public comment on the timing 

of the reviews. For example, is there a 

reason for scheduling an analysis and 

review for a particular rule earlier than 

we have? Any comments concerning the 

plan or particular analyses should be 

submitted to the regulatory contacts 

listed in Appendix B, General 

Rulemaking Contact Persons. 

Section 610 Review 

The Agency will analyze each of the 

rules in a given year’s group to 

determine whether any rule has a 

SEIOSNOSE and, thus, requires review 

in accordance with section 610 of the 

Regulatory Flexibility Act. The level of 

analysis will, of course, depend on the 

nature of the rule and its applicability. 

Publication of agencies’ section 610 

analyses listed each fall in this agenda 

provides the public with notice and an 

opportunity to comment consistent with 

the requirements of the Regulatory 

Flexibility Act. We request that public 

comments be submitted to us early in 

the analysis year concerning the small 

entity impact of the rules to help us in 

making our determinations. 

In each fall agenda, the Agency will 

publish the results of the analyses it has 

completed during the previous year. For 

rules that had a negative finding on 

SEIOSNOSE, we will give a short 

explanation (e.g., ‘‘these rules only 

establish petition processes that have no 

cost impact’’ or ‘‘these rules do not 

apply to any small entities’’). For parts, 

subparts, or other discrete sections of 

rules that do have a SEIOSNOSE, we 

will announce that we will be 

conducting a formal section 610 review 

during the following 12 months. At this 

stage, we will add an entry to the 

Agenda in the prerulemaking section 

describing the review in more detail. We 

also will seek public comment on how 

best to lessen the impact of these rules 

and provide a name or docket to which 

public comments can be submitted. In 

some cases, the section 610 review may 

be part of another unrelated review of 

the rule. In such a case, we plan to 

clearly indicate which parts of the 

review are being conducted under 

section 610. 


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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. 

The FAA, in addition to reviewing its 

rules in accordance with the Section 

610 Review Plan, has established a triannual process to comply with the 

review requirements of the 

Department’s Regulatory Policies and 

Procedures, Executive Order 12866, and 

Plain Language Review Plan. The FAA’s 

latest review notice was published 

November 15, 2007 (72 FR 64170). In 

that notice, the FAA requested 

comments from the public to identify 

those regulations currently in effect that 

it should amend, remove, or simplify. 

The FAA also requested the public to 

provide any specific suggestions where 

rules could be developed as 

performance-based rather than 

prescriptive, and any specific plain 

language that might be used, and 

provide suggested language on how 

those rules should be written. The FAA 

will review the issues addressed by the 

commenters against its regulatory 

agenda and rulemaking program efforts 

and adjust its regulatory priorities 

consistent with its statutory 

responsibilities. At the end of this 

process, the FAA will publish a 

summary and general disposition of 

comments and indicate, where 

appropriate, how it will adjust its 

regulatory priorities. 

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 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

Year Regulations to be reviewed Analysis year Review year 

1 .................. 49 CFR parts 91 through 99 and 14 CFR parts 200 through 212 ................................................ 2008 2009 

2 .................. 48 CFR parts 1201 through 1253 and new parts and subparts ................................................... 2009 2010 

3 .................. 14 CFR parts 213 through 232 ...................................................................................................... 2010 2011 

4 .................. 14 CFR parts 234 through 254 ...................................................................................................... 2011 2012 

5 .................. 14 CFR parts 255 through 298 and 49 CFR part 40 .................................................................... 2012 2013 

6 .................. 14 CFR parts 300 through 373 ...................................................................................................... 2013 2014 

7 .................. 14 CFR parts 374 through 398 ...................................................................................................... 2014 2015 

8 .................. 14 CFR part 399 and 49 CFR parts 1 through 11 ........................................................................ 2015 2016 

9 .................. 49 CFR parts 17 through 28 .......................................................................................................... 2016 2017 

10 ................ 49 CFR parts 29 through 39 and parts 41 through 89 .................................................................. 2017 2018 

Year 1 (fall 2008) List of rules analyzed 

and a summary of results 

49 CFR part 93—Aircraft Allocation 

• Section 610: There is no 

SEIOSNOSE. 

• General: The agency will propose 

revising this regulation to reflect a 

transfer of the functions from the 

Office of Emergency Transportation 

(OET) to the Office of Intelligence, 

Security, and Response (S–60). OET 

was absorbed into S–60 and no 

longer exists as a separate office. 

The proposed changes will not 

cause an economic impact. 

Year 1 (fall 2008) List of rules with 

ongoing analysis 

49 CFR part 91—International Air 

Transportation Fair Competitive 

Practices 

49 CFR part 92—Recovering Debts to the 

United States by Salary Offset 

49 CFR part 95—Advisory Committees 

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 

Year 2 (fall 2009) List of rules analyzed 

and a summary of results 

48 CFR part 1201—Federal Acquisition 

Regulations System 

• Section 610: There is no 

SEIOSNOSE. 

• General: This rule prescribes 

Agency control and compliance 

procedures concerning the 

proliferation of acquisition 

regulations and any revisions. M– 

60’s plain language review of this 

rule indicates minor editorial 

changes are needed but no need for 

substantial revision. 

48 CFR part 1202—Definitions of Words 

and Terms 

• Section 610: There is no 

SEIOSNOSE. 

• General: This rule provides 

definitions of words and terms 

concerning acquisitions in DOT. M– 

60’s plain language review of this 

rule indicates no need for 

substantial revision. 

48 CFR part 1203—Improper Business 

Practices and Personal Conflicts of 

Interest 

• Section 610: There is no 

SEIOSNOSE. 

• General: This rule provides process 

for reporting suspected violations of 

the Gratuities clause. M–60’s plain 

language review of this rule 

indicates minor editorial changes 

are needed but no need for 

substantial revision. 

48 CFR part 1204—Administrative 

Matters 

• Section 610: There is no 

SEIOSNOSE. 

• General: This rule provides 


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procedures for closing out contract 

files and supporting closeout 

documents. M–60’s plain language 

review of this rule indicates no 

need for substantial revision. 

48 CFR part 1205—Publicizing Contract 

Actions 

• Section 610: There is no 

SEIOSNOSE. 

• General: This rule provides 

methods of disseminating 

information. M–60’s plain language 

review of this rule indicates no 

need for substantial revision. 

48 CFR part 1206—Competition 

Requirements 

• Section 610: There is no 

SEIOSNOSE. 

• General: This rule provides 

information concerning competition 

advocates. M–60’s plain language 

review of this rule indicates no 

need for substantial revision. 

48 CFR part 1207—Acquisition 

Planning 

• Section 610: There is no 

SEIOSNOSE. 

• General: This rule provides 

information concerning 

requirements which will be 

followed when cost comparisons 

between Government and 

Contractor performance are 

conducted. M–60’s plain language 

review of this rule indicates no 

need for substantial revision. 

48 CFR part 1211—Describing Agency 

Needs 

• Section 610: There is no 

SEIOSNOSE. 

• General: This provides information 

concerning the need to include, as 

applicable, safeguards to ensure 

safety, security, and environmental 

protection in requirements 

documents. M–60’s plain language 

review of this rule indicates no 

need for substantial revision. 

48 CFR part 1213—Simplified 

Acquisition Procedures 

• Section 610: There is no 

SEIOSNOSE. 

• General: This provides DOT 

procedures for acquiring training 

services. M–60’s plain language 

review of this rule indicates no 

need for revision. 

48 CFR part 1214—Sealed Bidding 

• Section 610: There is no 

SEIOSNOSE. 

• General: This rule provides for 

telegraphic bids to be 

communicated provided procedures 

have been established by the COCO. 

M–60’s plain language review of 

this rule indicates no need for 

revision. 

48 CFR part 1215—Contracting By 

Negotiation 

• Section 610: There is no 

SEIOSNOSE. 

• General: This rule provides 

information concerning the 

solicitation and receipt of proposals 

and information including 

evaluation. M–60’s plain language 

review of this rule indicates no 

need for substantial revision. 

48 CFR part 1216—Types of Contracts 

• Section 610: There is no 

SEIOSNOSE. 

• General: This rule provides 

information concerning Fixed-Price 

Contracts, Incentive Contracts, 

Indefinite-Delivery Contracts, and 

Time-and-Materials, Labor-Hour, 

and Letter Contracts. M–60’s plain 

language review of this rule 

indicates no need for substantial 

revision. 

48 CFR part 1217—Special Contracting 

Methods 

• Section 610: There is no 

SEIOSNOSE. 

• General: This rule provides 

procedures for fixed price contracts 

for vessel repair, alteration, or 

conversion. M–60’s plain language 

review of this rule indicates no 

need for substantial revision. 

48 CFR part 1219—Small Business 

Programs 

• Section 610: There is no 

SEIOSNOSE. 

• General: This rule addresses 

contracting issues associated with 

subcontracting with Small 

Business, Small Disadvantaged 

Business, and Women-Owned 

Small Business concerns. It also 

provides some discussion of small 

business competitiveness 

demonstration program. 

48 CFR part 1222—Application of Labor 

Laws to Government Acquisitions 

• Section 610: There is no 

SEIOSNOSE. 

• General: This rule covers aspects of 

basic labor policies and labor 

standards. Particular focus is 

directed to labor standards 

involving construction. 

48 CFR part 1223—Environment, Energy 

and Water Efficiency, Renewable 

Energy Technologies, Occupational 

Safety, and Drug-Free Workplace 

• Section 610: There is no 

SEIOSNOSE. 

• General: This rule addresses safety 

requirements for selected DOT 

contracts. The emphasis here is on 

hazardous material identification 

and material safety data. 

48 CFR part 1224—Protection of Privacy 

and Freedom of Information 

• Section 610: There is no 

SEIOSNOSE. 

• General: This rule includes 

discussion of procedures and 

appeals processes with a focus on 

the Freedom of Information Act. 

48 CFR part 1227—Patents, Data, and 

Copyrights 

• Section 610: There is no 

SEIOSNOSE. 

• General: This rule includes 

discussion of procedures and 

appeals processes. 

48 CFR part 1228—Bonds and Insurance 

• Section 610: There is no 

SEIOSNOSE. 

• General: This rule covers bonds and 

other financial protections, 

insurance, and performance and 

payment bonds for certain 

contracts. 

48 CFR part 1231—Contract Cost 

Principles and Procedures 

• Section 610: There is no 

SEIOSNOSE. 

• General: This rule discusses 

contracts with commercial 

organizations. 

48 CFR part 1232—Contract Financing 

• Section 610: There is no 

SEIOSNOSE. 

• General: This rule focuses on 

contract payment processes. 

48 CFR part 1233—Protests, Disputes, 

and Appeals 

• Section 610: There is no 

SEIOSNOSE. 

• General: This rule focuses on the 

protests, disputes, and appeals 

process with a particular emphasis 

on CO decisions and alternative 

dispute resolution. 

48 CFR part 1234—[Reserved] 

48 CFR part 1235—Research and 

Development Contracting 

• Section 610: There is no 

SEIOSNOSE. 

• General: This rule includes 

discussion of research and 

development contracting and 

provides discussion on research 

misconduct. 

48 CFR part 1236—Construction and 

Architect-Engineer Contracts 

• Section 610: There is no 

SEIOSNOSE. 

• General: This rule covers contract 

clauses for construction and 

architect-engineer contracts. It also 

includes discussion of special 

precautions for work at operating 

airports. 

48 CFR part 1237—Service Contracting 

• Section 610: There is no 

SEIOSNOSE. 

• General: This rule includes 

information relating to DOT 

procedures for acquiring training 

services, and solicitation provisions 

and contract clauses. 

48 CFR part 1239—Acquisition of 

Information Technology 


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• Section 610: There is no 

SEIOSNOSE. 

• General: This rule includes 

solicitation procedures and contract 

clauses. 

48 CFR part 1242—Contract 

Administration and Audit Services 

• Section 610: There is no 

SEIOSNOSE. 

• General: This rule includes 

appropriate contract clauses for use 

in audit services. 

48 CFR part 1245—Government 

Property 

• Section 610: There is no 

SEIOSNOSE. 

• General: This rule focuses on the 

management of government 

property, reporting results of 

inventory, and audit of property 

control systems. 

48 CFR part 1246—Quality Assurance 

• Section 610: There is no 

SEIOSNOSE. 

• General: This rule incorporates a 

discussion of warranties, and 

warranty terms and conditions. 

48 CFR part 1247—Transportation 

• Section 610: There is no 

SEIOSNOSE. 

• General: This rule focuses on ocean 

transportation by U.S.-flag vessels. 

48 CFR part 1252—Solicitation 

Provisions and Contract Clauses 

• Section 610: There is no 

SEIOSNOSE. 

• General: This rule includes, but is 

not limited to, evaluation of offers 

subject to an economic price 

adjustment, determination of 

award, performance evaluation 

plans, distribution of award fee, 

settlement of letter contracts, 

contract performance, subcontracts 

and liability and insurance. 

48 CFR part 1253—Forms 

• Section 610: There is no 

SEIOSNOSE. 

• General: This rule includes 

prescriptions and illustrations of 

forms. 

Year 3 (fall 2010) List of rules to be 

analyzed during the next year 

14 CFR part 213—Terms, Conditions, 

and Limitations of Foreign Air 

Carrier Permits 

14 CFR part 214—Terms, Conditions, 

and Limitations of Foreign Air 

Carrier Permits Authorizing Charter 

Transportation Only 

14 CFR part 215—Use and Change of 

Names of Air Carriers, Foreign Air 

Carriers, and Commuter Air Carriers 

14 CFR part 216—Comingling of Blind 

Sector Traffic by Foreign Air 

Carriers 

14 CFR part 217—Reporting Traffic 

Statistics by Foreign Air Carriers in 

Civilian Scheduled, Charter, and 

Nonscheduled Services 

14 CFR part 218—Lease by Foreign Air 

Carrier or Other Foreign Person of 

Aircraft With Crew 

14 CFR part 221—Tariffs 

14 CFR part 222—Intermodal Cargo 

Services by Foreign Air Carriers 

14 CFR part 223—Free and ReducedRate Transportation 

14 CFR part 232—Transportation of 

Mail, Review of Orders of 

Postmaster General 

FEDERAL AVIATION ADMINISTRATION

SECTION 610 REVIEW PLAN

Year Regulations to be reviewed Analysis year Review year 

1 .................. 14 CFR parts 119 through 129 and parts 150 through 156 .......................................................... 2008 2009 

2 .................. 14 CFR parts 133 through 139 and parts 157 through 169 .......................................................... 2009 2010 

3 .................. 14 CFR parts 141 through 147 and parts 170 through 187 .......................................................... 2010 2011 

4 .................. 14 CFR parts 189 through 198 and parts 1 through 16 ................................................................ 2011 2012 

5 .................. 14 CFR parts 17 through 33 .......................................................................................................... 2012 2013 

6 .................. 14 CFR parts 34 through 39 and parts 400 through 405 .............................................................. 2013 2014 

7 .................. 14 CFR parts 43 through 49 and parts 406 through 415 .............................................................. 2014 2015 

8 .................. 14 CFR parts 60 through 77 .......................................................................................................... 2015 2016 

9 .................. 14 CFR parts 91 through 105 ........................................................................................................ 2016 2017 

10 ................ 14 CFR parts 417 through 460 ...................................................................................................... 2017 2018 

Section 610 Review Plan 

The FAA has elected to use the twostep, two-year process used by most 

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 SEIOSNOSE. During the 

second year (the ‘‘review year’’), each 

rule identified in the analysis year as 

having a SEIOSNOSE 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. 

Year 3 (fall 2010) List of rules analyzed 

and summary of results 

14 CFR part 141—Pilot Schools 

• Section 610: The agency conducted 

a Section 610 review of this part 

and found no SEIOSNOSE. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. FAA’s 

plain language review of these rules 

indicates no need for substantial 

revision. 

14 CFR part 142—Training Centers 

• Section 610: The agency conducted 

a Section 610 review of this part 

and found no SEIOSNOSE. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. FAA’s 

plain language review of these rules 

indicates no need for substantial 

revision. 

14 CFR part 145—Repair Stations 

• Section 610: The agency conducted 

a Section 610 review of this part 

and found no SEIOSNOSE. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. FAA’s 

plain language review of these rules 

indicates no need for substantial 

revision. 

14 CFR part 147—Aviation Maintenance 

Technician Schools 

• Section 610: The agency conducted 

a Section 610 review of this part 

and found no SEIOSNOSE. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. FAA’s 

plain language review of these rules 

indicates no need for substantial 

revision. 

14 CFR part 170—Establishment and 

Discontinuance Criteria for Air 


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Traffic Control Services and 

Navigational Facilities 

• Section 610: The agency conducted 

a Section 610 review of this part 

and found no SEIOSNOSE. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. FAA’s 

plain language review of these rules 

indicates no need for substantial 

revision. 

14 CFR part 171—Non-Federal 

Navigation Facilities 

• Section 610: The agency conducted 

a Section 610 review of this part 

and found no SEIOSNOSE. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. FAA’s 

plain language review of these rules 

indicates no need for substantial 

revision. 

14 CFR part 183—Representatives of the 

Administrator 

• Section 610: The agency conducted 

a Section 610 review of this part 

and found no SEIOSNOSE. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. FAA’s 

plain language review of these rules 

indicates no need for substantial 

revision. 

14 CFR part 185—Testimony by 

Employees And Production of 

Records in Legal Proceedings, and 

Service of Legal Process and 

Pleadings 

• Section 610: 14 CFR part 185 does 

not affect small entities. Therefore, 

amendments to it cannot have a 

SEIOSNOSE. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. FAA’s 

plain language review of these rules 

indicates no need for substantial 

revision. 

14 CFR part 187—Fees 

• Section 610: The agency conducted 

a Section 610 review of this part 

and found no SEIOSNOSE. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. FAA’s 

plain language review of these rules 

indicates no need for substantial 

revision. 

Year 4 (fall 2011) List of rules to be 

analyzed during the next year 

14 CFR part 189—Use of Federal 

Aviation Administration 

Communications System 14 

14 CFR part 198—Aviation Insurance 

14 CFR part 1—Definitions and 

Abbreviations 

14 CFR part 3—General Requirements 

14 CFR part 11—General Rulemaking 

Procedures 

14 CFR part 13—Investigative and 

Enforcement Procedures 

14 CFR part 14—Rules Implementing 

the Equal Access to Justice Act of 

1980 

14 CFR part 15—Administrative Claims 

Under Federal Tort Claims Act 

14 CFR part 16—Rules of Practice for 

Federally Assisted Airport 

Enforcement Proceedings 

FEDERAL HIGHWAY ADMINISTRATION

SECTION 610 AND OTHER REVIEWS

Year Regulations to be reviewed Analysis year Review year 

1 .................. None ............................................................................................................................................... 2008 2009 

2 .................. 23 CFR parts 1 to 260 ................................................................................................................... 2009 2010 

3 .................. 23 CFR parts 420 to 470 ............................................................................................................... 2010 2011 

4 .................. 23 CFR part 500 ............................................................................................................................ 2011 2012 

5 .................. 23 CFR parts 620 to 637 ............................................................................................................... 2012 2013 

6 .................. 23 CFR parts 645 to 669 ............................................................................................................... 2013 2014 

7 .................. 23 CFR 710 to 924 ........................................................................................................................ 2014 2015 

8 .................. 23 CFR 940 to 973 ........................................................................................................................ 2015 2016 

9 .................. 23 CFR parts 1200 to 1252 ........................................................................................................... 2016 2017 

10 ................ New parts and subparts ................................................................................................................. 2017 2018 

Federal-Aid Highway Program 

The FHWA has adopted regulations in 

title 23 of the CFR, chapter I, related to 

the Federal-Aid Highway Program. 

These regulations implement and carry 

out the provisions of Federal law 

relating to the administration of Federal 

aid for highways. The primary law 

authorizing Federal aid for highways is 

chapter I of title 23 of the U.S.C. section 

145 of title 23 expressly provides for a 

federally assisted State program. For 

this reason, the regulations adopted by 

the FHWA in title 23 of the CFR 

primarily relate to the requirements that 

States must meet to receive Federal 

funds for the construction and other 

work related to highways. Because the 

regulations in title 23 primarily relate to 

States, which are not defined as small 

entities under the Regulatory Flexibility 

Act, the FHWA believes that its 

regulations in title 23 do not have a 

significant economic impact on a 

substantial number of small entities. 

The FHWA solicits public comment on 

this preliminary conclusion. 

Year 2 (fall 2009) List of rules analyzed 

and a summary of results 

23 CFR part 1—General 

• Section 610: No SEIOSNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

FHWA’s plain language review of 

these rules indicates no need for 

substantial revision. 

23 CFR part 140—Reimbursement 

• Section 610: No SEIOSNOSE. This 

section applies primarily to State 

transportation agencies that are not 

small entities. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

FHWA’s plain language review of 

these rules indicates no need for 

substantial revision. 

23 CFR part 172—Administration of 

Engineering and Design-Related 

Service Contracts 

• Section 610: No SEIOSNOSE. This 

section applies primarily to State 

transportation agencies that are not 

small entities. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

FHWA’s plain language review of 

these rules indicates no need for 

substantial revision. 

23 CFR part 180—Credit Assistance for 

Surface Transportation Projects 

• Section 610: No SEIOSNOSE. This 

section applies primarily to State 

transportation agencies that are not 

small entities. 

• 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 


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substantial revision. 

23 CFR part 190—Incentive Payments 

for Controlling Outdoor Advertising 

on the Interstate System 

• Section 610: No SEIOSNOSE. This 

section applies primarily to State 

transportation agencies that are not 

small entities. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

FHWA’s plain language review of 

these rules indicates no need for 

substantial revision. 

23 CFR part 192—Drug Offender’s 

Driver’s License Suspension 

• Section 610: No SEIOSNOSE. This 

section applies primarily to State 

transportation agencies that are not 

small entities. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

FHWA’s plain language review of 

these rules indicates no need for 

substantial revision. 

23 CFR part 200—Title VI Program and 

Related Statutes—Implementation 

and Review procedures 

• Section 610: No SEIOSNOSE. This 

section applies primarily to State 

transportation agencies that are not 

small entities. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

FHWA’s plain language review of 

these rules indicates no need for 

substantial revision. 

23 CFR part 230—External Programs 

• Section 610: No SEIOSNOSE. Some 

small entities may be affected, but 

the economic impact on small 

entities will not be significant. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

FHWA’s plain language review of 

these rules indicates no need for 

substantial revision. 

23 CFR part 260—Education and 

Training Programs 

• Section 610: No SEIOSNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

FHWA’s plain language review of 

these rules indicates no need for 

substantial revision. 

Year 3 (fall 2010) List of rules that will 

be analyzed during the next year 

23 CFR part 420—Planning and 

Research Program Administration 

23 CFR part 450—Planning Assistance 

and Standards 

23 CFR part 460—Public Road Mileage 

for Apportionment of Highway 

Safety Funds 

23 CFR part 470—Highway Systems 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

SECTION 610 AND OTHER REVIEWS

Year Regulations to be reviewed Analysis year Review year 

1 .................. 49 CFR parts 372, subpart A, and 381 ......................................................................................... 2008 2009 

2 .................. 49 CFR parts 386, 389, and 395 ................................................................................................... 2009 2010 

3 .................. 49 CFR parts 325, 388, 350, and 355 ........................................................................................... 2010 2011 

4 .................. 49 CFR parts 380 and 382 to 385 ................................................................................................. 2011 2012 

5 .................. 49 CFR parts 390 to 393 and 396 to 399 ..................................................................................... 2012 2013 

6 .................. 49 CFR parts 356, 367, 369 to 371, 372, subparts B–C .............................................................. 2013 2014 

7 .................. 49 CFR parts 373, 374, 376, and 379 ........................................................................................... 2014 2015 

8 .................. 49 CFR parts 360, 365, 366, and 368 ........................................................................................... 2015 2016 

9 .................. 49 CFR parts 377, 378, and 387 ................................................................................................... 2016 2017 

10 ................ 49 CFR parts 303, 375, and new parts and subparts ................................................................... 2017 2018 

Year 2 (fall 2009) List of rules analyzed 

and a summary of results 

49 CFR part 386—Rules of Practice for 

Motor Carrier, Broker, Freight 

Forwarder, and Hazardous 

Materials Proceedings 

• Section 610: There is SEIOSNOSE, 

as a significant number of small 

entities are affected by fees and 

reporting requirements in the 

regulation. It was found that the 

cost of a formal hearing to appeal a 

decision may have a significant 

impact on small firms. 

• General: The Agency will assess the 

need for changes once the review of 

these regulations is complete. 

FMCSA’s plain language review of 

these regulations indicates no need 

for substantial revision. 

49 CFR part 395—Hours of Service of 

Drivers 

• This has been postponed, due to 

initiation of new rulemaking; 

Agency is set to publish in July 

2011. 

Year 2 (fall 2009) List of rules with 

ongoing analysis 

49 CFR part 389—Rulemaking 

Procedures—Federal Motor Carrier 

Safety Regulations 

Year 3 (fall 2010) List of rules that will 

be analyzed during the next year 

49 CFR part 325—Compliance With 

Interstate Motor Carrier Noise 

Emission 

49 CFR part 388—Cooperative 

Agreements With States 

49 CFR part 350—Commercial Motor 

Carrier Safety Assistance Program 

49 CFR part 355—Compatibility of State 

Laws and Regulations Affecting 

Interstate Motor Carrier Operations 

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

SECTION 610 AND OTHER REVIEWS

Year Regulations to be reviewed Analysis year Review year 

1 .................. 49 CFR 571.223 through 571.500 and parts 575 and 579 ........................................................... 2008 2009 

2 .................. 23 CFR parts 1200 and 1300 ........................................................................................................ 2009 2010 

3 .................. 49 CFR parts 501 through 526 and 571.213 ................................................................................ 2010 2011 

4 .................. 49 CFR 571.131, 571.217, 571.220, 571.221, and 571.222 ......................................................... 2011 2012 

5 .................. 49 CFR 571.101 through 571.110, and 571.135, 571.138, and 571.139 ..................................... 2012 2013 

6 .................. 49 CFR parts 529 through 578, except parts 571 and 575 .......................................................... 2013 2014 


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NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION—Continued 

SECTION 610 AND OTHER REVIEWS

Year Regulations to be reviewed Analysis year Review year 

7 .................. 49 CFR 571.111 through 571.129 and parts 580 through 588 ..................................................... 2014 2015 

8 .................. 49 CFR 571.201 through 571.212 ................................................................................................. 2015 2016 

9 .................. 49 CFR 571.214 through 571.219, except 571.217 ...................................................................... 2016 2017 

10 ................ 49 CFR parts 591 through 595 and new parts and subparts ....................................................... 2017 2018 

Year 2 (fall 2009) List of rules analyzed 

and a summary of the results 

23 CFR part 1200—Uniform Procedures 

for State Highway Safety Programs 

• Section 610: No SEIOSNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

NHTSA’s plain language review of 

these rules indicates no need for 

substantial revision. 

23 CFR part 1205—Highway Safety 

Programs; Determinations of 

Effectiveness 

• Section 610: No SEIOSNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

NHTSA’s plain language review of 

these rules indicates no need for 

substantial revision. 

23 CFR part 1206—Rules of Procedure 

for Invoking Sanctions Under the 

Highway Safety Act of 1966 

• Section 610: No SEIOSNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

NHTSA’s plain language review of 

these rules indicates no need for 

substantial revision. 

23 CFR part 1208—National Minimum 

Drinking Age 

• Section 610: No SEIOSNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

NHTSA’s plain language review of 

these rules indicates no need for 

substantial revision. 

23 CFR part 1210—Operation of Motor 

Vehicles by Intoxicated Minors 

• Section 610: No SEIOSNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

NHTSA’s plain language review of 

these rules indicates no need for 

substantial revision. 

23 CFR part 1215—Use of Safety Belts— 

Compliance and Transfer-of-Funds 

Procedures 

• Section 610: No SEIOSNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

NHTSA’s plain language review of 

these rules indicates no need for 

substantial revision. 

23 CFR part 1225—Operation of Motor 

Vehicles by Intoxicated Persons 

• Section 610: No SEIOSNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

NHTSA’s plain language review of 

these rules indicates no need for 

substantial revision. 

23 CFR part 1235—Uniform System for 

Parking for Persons With 

Disabilities 

• Section 610: No SEIOSNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

NHTSA’s plain language review of 

these rules indicates no need for 

substantial revision. 

23 CFR part 1240—Safety Incentive 

Grants for Use of Seat Belts— 

Allocations Based on Seat Belt Use 

Rates 

• Section 610: No SEIOSNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

NHTSA’s plain language review of 

these rules indicates no need for 

substantial revision. 

23 CFR part 1250—Political Subdivision 

Participation in State Highway 

Safety Programs 

• Section 610: No SEIOSNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

NHTSA’s plain language review of 

these rules indicates no need for 

substantial revision. 

23 CFR part 1251—State Highway 

Safety Agency 

• Section 610: No SEIOSNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

NHTSA’s plain language review of 

these rules indicates no need for 

substantial revision. 

23 CFR part 1252—State Matching of 

Planning and Administration Costs 

• Section 610: No SEIOSNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

NHTSA’s plain language review of 

these rules indicates no need for 

substantial revision. 

23 CFR part 1270—Open Container 

Laws 

• Section 610: No SEIOSNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

NHTSA’s plain language review of 

these rules indicates no need for 

substantial revision. 

23 CFR part 1275—Repeat Intoxicated 

Driver Laws 

• Section 610: No SEIOSNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

NHTSA’s plain language review of 

these rules indicates no need for 

substantial revision. 

23 CFR part 1313—Incentive Grant 

Criteria for Alcohol-Impaired 

Driving Prevention Programs 

• Section 610: No SEIOSNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

NHTSA’s plain language review of 

these rules indicates no need for 

substantial revision. 

23 CFR part 1327—Procedures for 

Participating in and Receiving 

Information From the National 

Driver Register Problem Driver 

Pointer System 

• Section 610: No SEIOSNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

NHTSA’s plain language review of 

these rules indicates no need for 

substantial revision. 


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23 CFR part 1335—State Highway 

Safety Data Improvements 

• Section 610: No SEIOSNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

NHTSA’s plain language review of 

these rules indicates no need for 

substantial revision. 

23 CFR part 1340—Uniform Criteria for 

State Observational Surveys of Seat 

Belt Use 

• Section 610: No SEIOSNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

NHTSA’s plain language review of 

these rules indicates no need for 

substantial revision. 

23 CFR part 1345—Incentive Grant 

Criteria for Occupant Protection 

Programs 

• Section 610: No SEIOSNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

NHTSA’s plain language review of 

these rules indicates no need for 

substantial revision. 

23 CFR part 1350—Incentive Grant 

Criteria for Motorcycle Safety 

Program 

• Section 610: No SEIOSNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

NHTSA’s plain language review of 

these rules indicates no need for 

substantial revision. 

Year 3 (fall 2010) List of rules that will 

be analyzed during the next year 

49 CFR part 501—Organization and 

Delegation of Powers and Duties 

49 CFR part 509—OMB Control 

Numbers for Information Collection 

Requirements 

49 CFR part 510—Information Gathering 

Powers 

49 CFR part 511—Adjudicative 

Procedures 

49 CFR part 512—Confidential Business 

Information 

49 CFR part 520—Procedures for 

Considering Environmental Impacts 

49 CFR part 523—Vehicle Classification 

49 CFR part 525—Exemptions From 

Average Fuel Economy Standards 

49 CFR part 526—Petitions and Plans 

for Relief Under the Automobile 

Fuel Efficiency Act of 1980 

49 CFR 571.213—Child Restraint 

Systems 

FEDERAL RAILROAD ADMINISTRATION

SECTION 610 AND OTHER REVIEWS

Year Regulations to be reviewed Analysis year Review year 

1 .................. 49 CFR parts 200 and 201 ............................................................................................................ 2008 2009 

2 .................. 49 CFR parts 207, 209, 211, 215, 238, and 256 .......................................................................... 2009 2010 

3 .................. 49 CFR parts 210, 212, 214, 217, and 268 .................................................................................. 2010 2011 

4 .................. 49 CFR part 219 ............................................................................................................................ 2011 2012 

5 .................. 49 CFR parts 218, 221, 241, and 244 ........................................................................................... 2012 2013 

6 .................. 49 CFR parts 216, 228, and 229 ................................................................................................... 2013 2014 

7 .................. 49 CFR parts 223 and 233 ............................................................................................................ 2014 2015 

8 .................. 49 CFR parts 224, 225, 231, and 234 ........................................................................................... 2015 2016 

9 .................. 49 CFR parts 222, 227, 235, 236, 250, 260, and 266 .................................................................. 2016 2017 

10 ................ 49 CFR parts 213, 220, 230, 232, 239, 240, and 265 .................................................................. 2017 2018 

Year 2 (fall 2009) List of rules analyzed 

and a summary of results 

49 CFR part 207—Railroad Police 

Officers 

• Section 610: There is no 

SEIOSNOSE. 

• 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 209—Railroad Safety 

Enforcement Procedures 

• Section 610: There is no 

SEIOSNOSE. 

• 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 211—Rules of Practice 

• Section 610: There is no 

SEIOSNOSE. 

• 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 215—Railroad Freight Car 

Safety Standards 

• Section 610: There is a 

SEIOSNOSE. 

• General: No changes are needed. 

This rule already limits economic 

impact on small entities through 

appendix D of the rule. 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 

SEIOSNOSE. 

• 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 256—Financial Assistance 

for Railroad Passenger Terminals 

• Section 610: There is no 

SEIOSNOSE. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. FRA’s 

plain language review of the rule 

indicates no need for substantial 

revision. 

Year 3 (fall 2010) List of rule(s) that 

will be analyzed during next year 

49 CFR part 210—Railroad Noise 

Emission Compliance Regulations 

49 CFR part 212—State Safety 

Participation Regulations 

49 CFR part 214—Railroad Workplace 

Safety 

49 CFR part 217—Railroad Operating 

Rules 

49 CFR part 268—Magnetic Levitation 

Transportation Technology 

Deployment Program 


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FEDERAL TRANSIT ADMINISTRATION

SECTION 610 AND OTHER REVIEWS

Year Regulations to be reviewed Analysis year Review year 

1 .................. 49 CFR parts 604, 605, and 633 ................................................................................................... 2008 2009 

2 .................. 49 CFR parts 661 and 665 ............................................................................................................ 2009 2010 

3 .................. 49 CFR part 633 ............................................................................................................................ 2010 2011 

4 .................. 49 CFR parts 609 and 611 ............................................................................................................ 2011 2012 

5 .................. 49 CFR parts 613 and 614 ............................................................................................................ 2012 2013 

6 .................. 49 CFR part 622 ............................................................................................................................ 2013 2014 

7 .................. 49 CFR part 630 ............................................................................................................................ 2014 2015 

8 .................. 49 CFR part 639 ............................................................................................................................ 2015 2016 

9 .................. 49 CFR parts 659 and 663 ............................................................................................................ 2016 2017 

10 ................ 49 CFR part 665 ............................................................................................................................ 2017 2018 

Year 2 (fall 2009) List of rules analyzed 

and summary of results 

49 CFR part 665—Bus Testing 

• Section 610: The Agency has 

determined that the rule will not 

have a significant effect on a 

substantial number of small 

entities. 

• General: This rulemaking amends 

FTA’s bus testing program to 

incorporate brake performance and 

emission tests. The rule also 

clarifies existing regulatory 

requirements and was drafted using 

plain language techniques. 

Year 3 (fall 2010) List of rules that will 

be analyzed during the next year 

49 CFR part 605—School Bus 

Operations 

49 CFR part 633—Capital Project 

Management 

MARITIME ADMINISTRATION

SECTION 610 AND OTHER REVIEWS

Year Regulations to be reviewed Analysis year Review year 

1 .................. 46 CFR parts 201 through 205 ...................................................................................................... 2008 2009 

2 .................. 46 CFR parts 221 through 232 ...................................................................................................... 2009 2010 

3 .................. 46 CFR parts 249 through 296 ...................................................................................................... 2010 2011 

4 .................. 46 CFR part 298 ............................................................................................................................ 2011 2012 

5 .................. 46 CFR parts 307 through 309 ...................................................................................................... 2012 2013 

6 .................. 46 CFR part 310 ............................................................................................................................ 2013 2014 

7 .................. 46 CFR parts 315 through 340 ...................................................................................................... 2014 2015 

8 .................. 46 CFR parts 345 through 381 ...................................................................................................... 2015 2016 

9 .................. 46 CFR parts 382 through 389 ...................................................................................................... 2016 2017 

10 ................ 46 CFR parts 390 through 393 ...................................................................................................... 2017 2018 

Year 2 (fall 2009) List of rules analyzed 

and a summary of the results 

46 CFR part 221—Regulated 

Transactions Involving Documented 

Vessels and Other Maritime 

Interests 

• Section 610: No SEIOSNOSE. Some 

small entities may be affected, but 

the economic impact on small 

entities will not be significant. 

• General: No changes are needed. 

Where confusing or wordy language 

has been identified, revisions will 

be made. 

46 CFR part 232—Uniform Financial 

Reporting Requirements 

• Section 610: No SEIOSNOSE. Some 

small entities may be affected, but 

the economic impact on small 

entities will not be significant. 

• General: No changes are needed. 

Where confusing or wordy language 

has been identified, revisions will 

be made. 

Year 3 (fall 2010) list of rules that will 

be analyzed during the next year 

46 CFR part 249—Approval of 

Underwriters for Marine Hull 

Insurance 

46 CFR part 251—Application for 

Subsidies and Other Direct 

Financial Aid 

46 CFR part 252—Operating-Differential 

Subsidy for Bulk Cargo Vessels 

Engaged in Worldwide Services 

46 CFR part 272—Requirements and 

Procedures for Conducting 

Condition Surveys and 

Administering Maintenance and 

Repair Subsidy 

46 CFR part 276—ConstructionDifferential Subsidy Repayment 

46 CFR part 277—Domestic and Foreign 

Trade; Interpretations 

46 CFR part 280—Limitations on the 

Award and Payment of OperatingDifferential Subsidy for Liner 

Operators 

46 CFR part 281—Information and 

Procedure Required Under Liner 

Operating-Differential Subsidy 

Agreements 

46 CFR part 282—Operating-Differential 

Subsidy for Liner Vessels Engaged 

in Essential Services in the Foreign 

Commerce of the United States 

46 CFR part 283—Dividend Policy for 

Operators Receiving OperatingDifferential Subsidy 

46 CFR part 287—Establishment of 

Construction Reserve Funds 

46 CFR part 289—Insurance of 

Construction-Differential Subsidy 

Vessels, Operating-Differential 

Subsidy Vessels, and of Vessels 

Sold or Adjusted Under the 

Merchant Ship Sales Act of 1946 

46 CFR part 295—Maritime Security 

Program (MSP) 

46 CFR part 296—Maritime Security 

Program (MSP) 


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PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA) 

SECTION 610 AND OTHER REVIEWS

Year Regulations to be reviewed Analysis year Review year 

1 .................. 49 CFR part 178 ............................................................................................................................ 2008 2009 

2 .................. 49 CFR parts 178 through 180 ...................................................................................................... 2009 2010 

3 .................. 49 CFR parts 172 and 175 ............................................................................................................ 2010 2011 

4 .................. 49 CFR part 171, sections 171.15 and 171.16 ............................................................................. 2011 2012 

5 .................. 49 CFR parts 106, 107, 171, 190, and 195 .................................................................................. 2012 2013 

6 .................. 49 CFR parts 174, 177, 191, and 192 ........................................................................................... 2013 2014 

7 .................. 49 CFR parts 176 and 199 ............................................................................................................ 2014 2015 

8 .................. 49 CFR parts 172 through 178 ...................................................................................................... 2015 2016 

9 .................. 49 CFR parts 172, 173, 174, 176, 177, and 193 .......................................................................... 2016 2017 

10 ................ 49 CFR parts 173 and 194 ............................................................................................................ 2017 2018 

Year 2 (fall 2009) List of rules analyzed 

and a summary of results 

49 CFR part 178—Specifications for 

Packagings 

• Section 610: There is no 

SEIOSNOSE. A substantial number 

of small entities, particularly those 

that use performance oriented 

packagings, may be affected by this 

rule, but the economic impact on 

those entities is not significant. 

• General: This rule prescribes 

minimum Federal safety standards 

for the construction of DOT 

specification packagings, these 

requirements are necessary to 

protect transportation workers and 

the public and to ensure the 

survivability of DOT specification 

packagings during transportation 

incidents. PHMSA’s plain language 

review of this rule indicates no 

need for substantial revision. 

49 CFR part 179—Specifications for 

Tank Cars 

• Section 610: There is no 

SEIOSNOSE. This rule prescribes 

specification requirements as 

minimum safety standards for rail 

tank cars used to transport 

hazardous materials in commerce. 

Some small entities may be 

affected, but the economic impact 

on small entities is not significant. 

• General: Specification requirements 

for tank cars are considered 

minimum Federal safety standards 

that are necessary to protect 

transportation workers and the 

public and to ensure the 

survivability of DOT specification 

packagings during transportation 

incidents. PHMSA’s plain language 

review of this rule indicates no 

need for substantial revision. 

49 CFR part 180—Continuing 

Qualification and Maintenance of 

Packagings 

• Section 610: There is no 

SEIOSNOSE. This rule impacts a 

substantial number of small 

entities, but when the survivability, 

durability, and service life of DOT 

specification packagings covered 

under this rule are fully considered, 

the economic impact on those 

entities is not significant. 

• General: This rule prescribes 

requirements for maintaining and 

verifying the integrity of DOT 

specification packagings used for 

the transportation of hazardous 

materials in commerce. This rule 

ensures that DOT specification 

packagings continue to conform to 

the specifications to which they 

were originally manufactured and 

designed. PHMSA’s plain language 

review of this rule indicates no 

need for substantial revision. 

Year 3 (fall 2010) List of rules that will 

be analyzed during the next year 

49 CFR part 172—Hazardous Materials 

Table, Special Provisions, 

Hazardous Materials 

Communications, Emergency 

Response Information, Training 

Requirements, and Security Plans 

49 CFR part 175—Carriage By Aircraft 

RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION (RITA) 

SECTION 610 AND OTHER REVIEWS

Year Regulations to be reviewed Analysis year Review year 

1 .................. 14 CFR part 241, form 41 .............................................................................................................. 2008 2009 

2 .................. 14 CFR part 241, schedule T–100, and part 217 ......................................................................... 2009 2010 

3 .................. 14 CFR part 298 ............................................................................................................................ 2010 2011 

4 .................. 14 CFR part 241, section 19–7 ..................................................................................................... 2011 2012 

5 .................. 14 CFR part 291 ............................................................................................................................ 2012 2013 

6 .................. 14 CFR part 234 ............................................................................................................................ 2013 2014 

7 .................. 14 CFR part 249 ............................................................................................................................ 2014 2015 

8 .................. 14 CFR part 248 ............................................................................................................................ 2015 2016 

9 .................. 14 CFR part 250 ............................................................................................................................ 2016 2017 

10 ................ 14 CFR part 374a, ICAO ............................................................................................................... 2017 2018 

Year 1 (fall 2008) List of rules with 

ongoing analysis 

14 CFR part 241—Uniform system of 

Accounts and Reports for Large 

Certificated Air Carriers, Form 41 

Year 2 (fall 2009) List of rules analyzed 

and a summary of the results 

14 CFR part 241—Schedule T–100 

• Section 610: There is no 

SEIONOSE. Part 241 Schedule T– 

100 applies to only large 

certificated air carriers. 

• General: Part 241 Schedule T–100 is 

a monthly report of on-flight market 

and nonstop segment traffic data for 

flights operated by large certificated 

air carriers. This regulation is being 

reviewed as part of an overall 

aviation data requirements review 

and modernization program, which 


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will also take into account the plain 

language initiative. 

14 CFR part 217—Reporting Traffic 

Statistics by Foreign Air Carriers in 

Civilian Scheduled, Charter, and 

Nonscheduled Services—Schedule 

T–100(f) 

• Section 610: There is no 

SEIONOSE. This regulation applies 

to foreign air carriers that operate to 

or from the United States. Currently 

93 percent of the reporting carriers 

are large foreign air carriers. 

• General: This regulation requires 

the submission of traffic data for 

operations to or from the United 

States. This regulation is being 

reviewed as part of an overall 

aviation data requirements review 

and modernization program, which 

will also take into account the plain 

language initiative. 

Year 3 (fall 2010) List of rules that will 

be analyzed during the next year 

14 CFR part 298 subpart f—Exemptions 

for Air Taxi and Commuter Air 

Carrier Operations—Reporting 

Requirements 

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

SECTION 610 AND OTHER REVIEWS

Year Regulations to be reviewed Analysis year Review year 

1 .................. 33 CFR parts 401 through 403 ...................................................................................................... 2008 2009 

Year 1 (fall 2008) List of rules with 

ongoing analysis 

33 CFR part 401—Seaway Regulations 

and Rules 

33 CFR part 402—Tariff of Tolls 

33 CFR part 403—Rules of Procedure of 

the Joint Tolls Review Board 

OFFICE OF THE SECRETARY—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

237 ............................. +Use of the Seat-Strapping Method for Carrying a Wheelchair on an Aircraft ...................................... 2105–AD87 

+ DOT-designated significant regulation 

OFFICE OF THE SECRETARY—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

238 ............................. Disadvantaged Business Enterprise; Potential Program Improvements ................................................ 2105–AD75 

239 ............................. +Enhancing Airline Passenger Protections—Part 2 ............................................................................... 2105–AD92 

+ DOT-designated significant regulation 

FEDERAL AVIATION ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

240 ............................. +Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers ........................................ 2120–AJ00 

241 ............................. +Operation and Certification of Small Unmanned Aircraft Systems (SUAS) ......................................... 2120–AJ60 

242 ............................. +Repair Stations ..................................................................................................................................... 2120–AJ61 

243 ............................. +Part 121 Exiting Icing Conditions .......................................................................................................... 2120–AJ74 

244 ............................. +Air Carrier Maintenance Training Program (SECTION 610 REVIEW) ...................................................... 2120–AJ79 

245 ............................. +Safety Management Systems for Part 121 Certificate Holders (SECTION 610 REVIEW) ...................... 2120–AJ86 

246 ............................. +Flight Crewmember Mentoring, Leadership, and Professional Development (HR 5900) .................... 2120–AJ87 

+ DOT-designated significant regulation 

FEDERAL AVIATION ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

247 ............................. +Activation of Ice Protection ................................................................................................................... 2120–AJ43 

248 ............................. +Air Ambulance and Commercial Helicopter Operations; Safety Initiatives and Miscellaneous 

Amendments.

2120–AJ53 

249 ............................. +Flight and Duty Time Limitations and Rest Requirements ................................................................... 2120–AJ58 

+ DOT-designated significant regulation 


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FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

250 ............................. +Unified Registration System .................................................................................................................. 2126–AA22 

251 ............................. +Electronic On-Board Recorders and Hours of Service Supporting Documents ................................... 2126–AB20 

252 ............................. +Hours of Service ................................................................................................................................... 2126–AB26 

253 ............................. +Drivers of Commercial Vehicles: Restricting the Use of Cellular Phones (SECTION 610 REVIEW) ...... 2126–AB29 

+ DOT-designated significant regulation 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

254 ............................. +National Registry of Certified Medical Examiners ................................................................................ 2126–AA97 

+ DOT-designated significant regulation 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

255 ............................. +Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor Carriers Operating 

in the United States.

2126–AA35 

+ DOT-designated significant regulation 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

256 ............................. +Commercial Driver’s License Testing and Commercial Learner’s Permit Standards .......................... 2126–AB02 

+ DOT-designated significant regulation 

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

257 ............................. +Ejection Mitigation ................................................................................................................................. 2127–AK23 

+ DOT-designated significant regulation 

FEDERAL RAILROAD ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

258 ............................. +Risk Reduction Program ....................................................................................................................... 2130–AC11 

+ DOT-designated significant regulation 

FEDERAL RAILROAD ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

259 ............................. +Hours of Service: Passenger Train Employees (RULEMAKING RESULTING FROM A SECTION 610 REVIEW).2130–AC15 

+ DOT-designated significant regulation 

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

260 ............................. Tariff of Tolls (COMPLETION OF A SECTION 610 REVIEW) ......................................................................... 2135–AA29 


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PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

261 ............................. +Hazardous Materials: Revisions to Requirements for the Transportation of Lithium Batteries ........... 2137–AE44 

+ DOT-designated significant regulation 

MARITIME ADMINISTRATION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

262 ............................. +Cargo Preference—Compromise, Assessment, Mitigation, Settlement and Collection of Civil Penalties.2133–AB75 

+ DOT-designated significant regulation 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Office of the Secretary (OST) 

Proposed Rule Stage 

237. +Use of the Seat-Strapping Method 

for Carrying a Wheelchair on an 

Aircraft 

Legal Authority: 49 U.S.C. 41705 

Abstract: This rulemaking would 

address whether carriers should be 

allowed to utilize the seat-strapping 

method to stow a passenger’s 

wheelchair in the aircraft cabin. This 

rulemaking was recently upgraded to 

significant. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Blane A Workie, 

Attorney, Department of Transportation, 

Office of the Secretary, 1200 New Jersey 

Avenue, SE, Washington, DC 20590, 

Phone: 202–366–9342, TDD Phone: 

202–755–7687, Fax: 202–366–7152, 

E-mail: blane.workie@ost.dot.gov. 

RIN: 2105–AD87 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Office of the Secretary (OST) 

Completed Actions 

238. Disadvantaged Business 

Enterprise; Potential Program 

Improvements 

Legal Authority: 49 U.S.C. 329; 49 

U.S.C. ch 401, 411, and 417; 49 U.S.C. 

47107; 49 U.S.C. 47113; 49 U.S.C. 

47123; Pub. L. 105–59, sec 101(b) 

Abstract: The rule makes several 

improvements to the DBE program, in 

areas including program oversight, 

recipient accountability, and interstate 

certification. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 04/08/09 74 FR 15904 

ANPRM Comment 

Period End.

07/07/09 

NPRM .................. 05/10/10 75 FR 25815 

NPRM Comment 

Period End.

07/09/10 

Final Rule ............ 01/28/11 76 FR 5083 

Final Rule Effective.02/28/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Robert C Ashby, 

Deputy Assistant General Counsel for 

Regulation and Enforcement, 

Department of Transportation, Office of 

the Secretary, 1200 New Jersey Avenue, 

SE, Washington, DC 20590, Phone: 202– 

366–4723, TDD Phone: 202–755–7687, 

E-mail: bob.ashby@ost.dot.gov. 

RIN: 2105–AD75 

239. +Enhancing Airline Passenger 

Protections—Part 2 

Legal Authority: 49 U.S.C. 41712; 49 

U.S.C. 40101; 49 U.S.C. 41702 

Abstract: This rulemaking would 

enhance airline passenger protections 

by addressing the following areas: (1) 

Contingency plans for lengthy tarmac 

delays; (2) reporting of tarmac delay 

data; (3) customer service plans; (4) 

notification to passengers of flight status 

changes; (5) inflation adjustment for 

denied boarding compensation; (6) 

alternative transportation for passengers 

on canceled flights; (7) opt-out 

provisions (e.g. travel insurance); 

(8) contract of carriage provisions; 

(9) baggage fees disclosure; and (10) full 

fare advertising. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/08/10 75 FR 32318 

Action Date FR Cite 

Clarification to 

NPRM.

06/25/10 75 FR 36300 

NPRM Comment 

Period Extended.

08/03/10 75 FR 45562 

NPRM Comment 

Period End.

08/09/10 

Extended Comment Period 

End.

09/23/10 

Final Rule ............ 04/27/11 76 FR 23110 

Final Rule Effective.08/23/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Blane A Workie, 

Attorney, Department of Transportation, 

Office of the Secretary, 1200 New Jersey 

Avenue, SE, Washington, DC 20590, 

Phone: 202–366–9342, TDD Phone: 

202–755–7687, Fax: 202–366–7152, Email: blane.workie@ost.dot.gov. 

RIN: 2105–AD92 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Aviation Administration (FAA) 

Proposed Rule Stage 

240. +Qualification, Service, and Use of 

Crewmembers and Aircraft Dispatchers 

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

U.S.C. 40113; 49 U.S.C. 40119; 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 to 44717; 49 U.S.C. 44722; 49 

U.S.C. 44901; 49 U.S.C. 44903 to 44904; 

49 U.S.C. 44912; 49 U.S.C. 46105 

Abstract: This rulemaking would 

amend the regulations for crewmember 

and dispatcher training programs in 

domestic, flag, and supplemental 

operations. The rulemaking would 

enhance traditional training programs 

by requiring the use of flight simulation 


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training devices for flight crewmembers 

and including additional training 

requirements in areas that are critical to 

safety. The rulemaking would also 

reorganize and revise the qualification 

and training requirements. The changes 

are intended to contribute significantly 

to reducing aviation accidents. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/12/09 74 FR 1280 

Proposed rule; 

notice of public 

meeting.

03/12/09 74 FR 10689 

NPRM Comment 

Period Extended.

04/20/09 74 FR 17910 

Comment Period 

End.

05/12/09 

Extended Comment Period 

End.

08/10/09 

Supplemental 

NPRM.

05/20/11 76 FR 29336 

Supplemental 

NPRM Comment Period 

End.

07/19/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Nancy L Claussen, 

Federal Aviation Administration, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Ave, SW, Washington, 

DC 20591, Phone: 202–267–8166, 

E-mail: nancy.claussen@faa.gov. 

RIN: 2120–AJ00 

241. +Operation and Certification of 

Small Unmanned Aircraft Systems 

(SUAS) 

Legal Authority: 49 U.S.C. 44701 

Abstract: This rulemaking would 

enable small unmanned aircraft to safely 

operate in limited portions of the 

national airspace system (NAS). This 

action is necessary because it addresses 

the novel legal or policy issues about 

the minimum safety parameters for 

operating recreational remote control 

model and toy aircraft in the NAS. The 

intended effect of this action is to 

develop requirements and standards to 

ensure that risks are adequately 

mitigated, such that safety is maintained 

for the entire aviation community. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Stephen A Glowacki, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Ave, SW, Washington, 

DC 20591, Phone: 202–385–4898, 

E-mail: stephen.a.glowacki@faa.gov. 

RIN: 2120–AJ60 

242. +Repair Stations 

Legal Authority: 49 U.S.C. 44701 to 

44702; 49 U.S.C. 106(g); 49 U.S.C. 

40113; 49 U.S.C. 44701 to 44702; 49 

U.S.C. 44707; 49 U.S.C. 44709; 49 U.S.C. 

44717 

Abstract: This rulemaking would 

update and revise the regulations for 

repair stations. The action is necessary 

because many portions of the current 

regulations do not reflect current repair 

station business practices, aircraft 

maintenance practices, or advances in 

aircraft technology. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: John J Goodwin, 

Department of Transportation, Federal 

Aviation Administration, 950 L’Enfant 

Plaza North, SW., Washington, DC 

20024, Phone: 202 385–6417, E-mail: 

john.j.goodwin@faa.gov. 

RIN: 2120–AJ61 

243. +Part 121 Exiting Icing Conditions 

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

U.S.C. 40113; 49 U.S.C. 40119; 49 U.S.C. 

44101; 49 U.S.C. 44701 to 44702; 49 

U.S.C. 44705; 49 U.S.C. 44709 to 44711; 

49 U.S.C. 44713; 49 U.S.C. 44716 to 

44717; 49 U.S.C. 44722; 49 U.S.C. 

44901; 49 U.S.C. 44903 to 44904; 49 

U.S.C. 44912; 49 U.S.C. 46105 

Abstract: This rulemaking would 

require operators of certain airplanes 

used in air carrier service and 

certificated for flight in icing conditions 

to: 1. enable the flightcrew to determine 

when the airplane is in large drop icing 

conditions, and 2. require follow-on 

flightcrew action in these conditions for 

certain airplanes with reversible flight 

controls for the pitch and/or roll axis. 

This rulemaking is the result of 

information gathered from a review of 

icing accidents and incidents, and it is 

intended to improve the level of safety 

when airplanes are operated in icing 

conditions. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/00/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Robert Hettman, 

ANM–112, Transport Airplane 

Directorate, Department of 

Transportation, Federal Aviation 

Administration, 1601 Lind Avenue, SW, 

Renton, WA 98057, Phone: 425–227– 

2683, E-mail: robert.hettman@faa.gov. 

RIN: 2120–AJ74 

244. +Air Carrier Maintenance 

Training Program (Section 610 Review) 

Legal Authority: 49 U.S.C. 44101; 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. 

44701; 49 U.S.C. 44702; 49 U.S.C. 

44705; 49 U.S.C. 44709 to 47111; 49 

U.S.C. 44713; 49 U.S.C. 44715 to 44717; 

49 U.S.C. 44722; 49 U.S.C. 46105 

Abstract: This proposed rule would 

require FAA approval of an air carrier 

maintenance program if they operate 

aircraft with 10 or more passenger seats. 

The intent of this proposed rule is to 

reduce the number of accidents and 

incidents caused by human error, 

fatigue, improper maintenance, 

inspection, or repair practices. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: John J Hiles, Flight 

Standards Service, Department of 

Transportation, Federal Aviation 

Administration, 950 L’Enfant Plaza 

North, SW, Washington, DC 20591, 

Phone: 202–385–6421, E-mail: 

john.j.hiles@faa.gov. 

RIN: 2120–AJ79 

245. • +Safety Management Systems for 

Part 121 Certificate Holders (Section 

610 Review) 

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

U.S.C. 40113; 49 U.S.C. 40119; 49 U.S.C. 

41706; 49 U.S.C. 44101; 49 U.S.C. 44701 

to 44702; 49 U.S.C. 44705; 49 U.S.C. 

44709 to 44711; 49 U.S.C. 44713; 49 

U.S.C. 44716 to 44717; 49 U.S.C. 44722; 

49 U.S.C. 46105 

Abstract: This rulemaking would 

require all part 121 air carriers to 

implement a safety management system 

(SMS). Congress passed Public Law 

111–216 instructing FAA to conduct a 

rulemaking to require all part 121 air 

carriers to implement an SMS. The 

proposed rule must include the 

following safety management elements: 

Requirements based on risk 

management, quality management 

techniques to develop safety assurance, 

use of interrelated systems to measure 

effectiveness of safety measures, and 

promotion of an organization-wide 

safety culture. Congress further required 

that the FAA consider at a minimum 


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each of the following as part of the SMS 

rulemaking: (1) An Aviation Safety 

Action Program (ASAP), (2) A Flight 

Operational Quality Assurance Program 

(FOQA), (3) A Line Operations Safety 

Audit, and (4) An Advance 

Qualification Program. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/05/10 75 FR 68224 

NPRM Comment 

Period End.

02/03/11 

NPRM Comment 

Period Extended.

01/31/11 76 FR 5296 

NPRM Comment 

Period Extended End.

03/07/11 

Analyzing Comments.07/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Scott VanBuren, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Ave, SW, Washington, 

DC 20591, Phone: 202 494–8417, E-mail: 

scott.vanburen@faa.gov. 

RIN: 2120–AJ86 

246. • +Flight Crewmember Mentoring, 

Leadership, and Professional 

Development (HR 5900) 

Legal Authority: 49 U.S.C. 44701(a)(5) 

Abstract: This rulemaking would 

amend the regulations for air carrier 

training programs under part 121. The 

action is necessary to ensure that air 

carriers establish or modify training 

programs that address mentoring, 

leadership, and professional 

development of flight crewmembers in 

part 121 operations. The amendments 

are intended to contribute significantly 

to airline safety by reducing aviation 

accidents. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Deke Abbott, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Ave., SW, Washington, 

DC 20591, Phone: 202–267–8266, 

E-mail: deke.abbott@faa.gov. 

RIN: 2120–AJ87 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Aviation Administration (FAA) 

Final Rule Stage 

247. +Activation of Ice Protection 

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

U.S.C. 40113; 49 U.S.C. 40119; 49 U.S.C. 

44101; 49 U.S.C. 44701; 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. 

44722; 49 U.S.C. 44901; 49 U.S.C. 

44903; 49 U.S.C. 44912; 49 U.S.C. 

46105; 49 U.S.C. 44702; 49 U.S.C. 

44717; 49 U.S.C. 44904 

Abstract: This rulemaking would 

amend the regulations applicable to 

operators of certain airplanes used in air 

carrier service and certificated for flight 

in icing conditions. The standards 

would require either the installation of 

ice detection equipment or changes to 

the Airplane Flight Manual to ensure 

timely activation of the airframe ice 

protection system. This regulation is the 

result of information gathered from a 

review of icing accidents and incidents, 

and it is intended to improve the level 

of safety when airplanes are operated in 

icing conditions. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/23/09 74 FR 61055 

NPRM Comment 

Period End.

02/22/10 

Final Rule ............ 08/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jerry Ostronic, Air 

Carrier Operations Branch, AFS 220, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Ave., SW, Washington, 

DC 20591, Phone: 202–267–8166, Fax: 

202–267–5229, E-mail: 

jerry.c.ostronic@faa.gov. 

RIN: 2120–AJ43 

248. +Air Ambulance and Commercial 

Helicopter Operations; Safety 

Initiatives and Miscellaneous 

Amendments 

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

U.S.C. 1155; 49 U.S.C. 40101 to 40103; 

49 U.S.C. 40120; 49 U.S.C. 41706; 49 

U.S.C. 41721; 49 U.S.C. 44101; 49 U.S.C. 

44106; 49 U.S.C. 44111; 49 U.S.C. 

46306; 49 U.S.C. 46315; 49 U.S.C. 

46316; 49 U.S.C. 46504; 49 U.S.C. 

46506; 49 U.S.C. 46507; 49 U.S.C. 

47122; 49 U.S.C. 47508; 49 U.S.C. 47528 

to 47531 

Abstract: This rulemaking would 

change equipment and operating 

requirements for commercial helicopter 

operations, including many specifically 

for helicopter air ambulance operations. 

This rulemaking is necessary to increase 

crew, passenger, and patient safety. The 

intended effect is to implement National 

Transportation Safety Board, Aviation 

Rulemaking Committee, and internal 

FAA recommendations. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/12/10 75 FR 62640 

NPRM Comment 

Period End.

01/10/11 

Final Rule ............ 05/00/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Edwin Miller, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Ave., SW, Washington, 

DC 20591, Phone: 202–267–7031, Email: edwin.miller@faa.gov. 

RIN: 2120–AJ53 

249. +Flight and Duty Time Limitations 

and Rest Requirements 

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

U.S.C. 40113; 49 U.S.C. 40119; 49 U.S.C. 

41706; 49 U.S.C. 44101; 49 U.S.C. 44701 

to 44702; 49 U.S.C. 44705; 49 U.S.C. 

44709 to 44710; 49 U.S.C. 44711; 49 

U.S.C. 44712; 49 U.S.C. 44713; 49 U.S.C. 

44715; 49 U.S.C. 44716; 49 U.S.C. 

44717; 49 U.S.C. 44722; 49 U.S.C. 45101 

to 45105; 49 U.S.C. 46105 

Abstract: This rulemaking would 

amend existing flight, duty, and rest 

regulations applicable to certificate 

holders and their flightcrew members. 

The new requirements would eliminate 

the current distinctions between 

domestic, flag, and supplemental 

operations. Also, the rulemaking would 

provide different requirements based on 

the time of day, whether an individual 

is acclimated to a new time zone, and 

the likelihood of being able to sleep 

under different circumstances. This 

rulemaking is necessary to improve 

aviation safety by providing applicable 

persons with the opportunity for 

sufficient rest. This rulemaking is 

related to the following: an NPRM (RIN 

2120–AF63), and a Withdrawal (RIN 

2120–AI93). 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/14/10 75 FR 55852 

NPRM Comment 

Period End.

11/15/10 

Final Rule ............ 08/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Nancy L Claussen, 

Federal Aviation Administration, 


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Department of Transportation, Federal 

Aviation Administration, 800 

Independence Ave., SW, Washington, 

DC 20591, Phone: 202–267–8166, 

E-mail: nancy.claussen@faa.gov. 

RIN: 2120–AJ58 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Motor Carrier Safety 

Administration (FMCSA) 

Proposed Rule Stage 

250. +Unified Registration System 

Legal Authority: Pub. L. 104–88; 109 

Stat 803, 888 (1995); 49 U.S.C. 13908; 

Pub. L. 109–159, sec 4304 

Abstract: This rulemaking would 

replace three current identification and 

registration systems: the US DOT 

number identification system, the 

commercial registration system, and the 

financial responsibility system, with an 

online Federal unified registration 

system (URS). This program would 

serve as a clearinghouse and depository 

of information on, and identification of, 

brokers, freight forwarders, and others 

required to register with the Department 

of Transportation. The Agency is 

revising this rulemaking to address 

amendments directed by Safe, 

Accountable, Flexible, Efficient, 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU). The replacement 

system for the Single State Registration 

System, which the ICC Termination Act 

originally directed be merged under 

URS, was addressed separately in RIN 

2126–AB09. The cargo insurance 

portion of this rulemaking has been split 

off into RIN 2126–AB21. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 08/26/96 61 FR 43816 

ANPRM Comment 

Period End.

10/25/96 

NPRM .................. 05/19/05 70 FR 28990 

NPRM Comment 

Period End.

08/17/05 

Supplemental 

NPRM.

10/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Valerie Height, 

Management Analyst, Department of 

Transportation, Federal Motor Carrier 

Safety Administration, Office of Policy 

Plans and Regulation (MC–PRR), 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, Phone: 202–366–0901, 

E-mail: valerie.height@dot.gov. 

RIN: 2126–AA22 

251. +Electronic On-Board Recorders 

and Hours of Service Supporting 

Documents 

Legal Authority: 49 U.S.C. 31502; 

31136(a); Pub. L. 103.311; 49 U.S.C. 

31137(a) 

Abstract: This rulemaking will 

consider revisions to RIN 2126–AA89 

(Electronic On-Board Recorders for 

Hours of Service Drivers) to expand the 

number of motor carriers required to 

install and operate Electronic On-Board 

Recorders (EOBRs). FMCSA is 

consolidating this follow-up to the 

EOBR rule with the Hours Of Service Of 

Drivers: Supporting Documents 

rulemaking for development of a single 

NPRM in RIN 2126–AB20. In addressing 

Hours of Service Supporting Documents 

requirements in this new rulemaking, 

FMCSA will consider reducing or 

eliminating current paperwork burdens 

associated with supporting documents 

in favor of expanded EOBR use. 

On January 15, 2010, the American 

Trucking Associations (ATA) filed a 

Petition for a Writ of Mandamus in the 

United States Court of Appeals for the 

District of Columbia Circuit (D.C. Cir. 

No. 10–1009). ATA petitioned the court 

to direct FMCSA to issue an NPRM on 

supporting documents in conformance 

with the requirements set forth in 

section 113 of the HMTAA within 60 

days after the issuance of the writ and 

a final rule no later than 6 months after 

the issuance of the NPRM. The court 

granted the petition for writ of 

mandamus on September 30, 2010, 

ordering FMCSA to issue an NPRM on 

the supporting document regulations by 

December 30, 2010. At the request of the 

agency, the DC Circuit extended the 

deadline to January 31, 2011. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/01/11 76 FR 5537 

NPRM Comment 

Period End.

02/28/11 

NPRM Comment 

Period Extended.

03/10/11 76 FR 13121 

NPRM Extended 

Comment Period End.

05/23/11 

Analyzing Comments.09/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Deborah M Freund, 

Senior Transportation Specialist, 

Department of Transportation, Federal 

Motor Carrier Safety Administration, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, Phone: 202 366– 

5370, E-mail: deborah.freund@dot.gov. 

RIN: 2126–AB20 

252. +Hours of Service 

Legal Authority: 49 U.S.C. 31502(b) 

Abstract: This rulemaking would 

propose changes to the hours of service 

requirements for drivers operating a 

commercial motor vehicle transporting 

property. The requirement for this 

rulemaking was established on October 

26, 2009, when Public Citizen, et al. 

(Petitioners) and FMCSA entered into a 

settlement agreement under which 

Petitioners ́ petition for judicial review 

of the November 19, 2008, Final Rule on 

drivers ́ hours of service will be held in 

abeyance pending the publication of an 

NPRM reevaluating the Hours of Service 

rule. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/29/10 75 FR 82170 

NPRM Comment 

Period End.

02/02/11 

NPRM; Notice of 

Availability of 

Supplemental 

Documents and 

Corrections; Extension of Comment Period.

02/16/11 76 FR 8990 

Extended Comment Period 

End.

03/02/11 

NPRM Comment 

Period Reopened.

05/29/11 76 FR 26681 

NPRM Comment 

Period Reopened End.

06/08/11 

Regulatory Flexibility Analysis 

Required: Yes. 

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, E-mail: tom.yager@dot.gov. 

RIN: 2126–AB26 

253. +Drivers of Commercial Vehicles: 

Restricting the Use of Cellular Phones 

(Section 610 Review) 

Legal Authority: Pub. L. 98–554 

Abstract: This rulemaking would 

restrict the use of mobile telephones 

while operating a commercial motor 

vehicle. This rulemaking is in response 

to Federal Motor Carrier Safety 

Administration-sponsored studies that 

analyzed safety incidents and distracted 

drivers. This rulemaking addresses an 

item on the National Transportation 

Safety Board ́s ‘‘Most Wanted List’’ of 

safety recommendations. 

Timetable: 


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40110 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 

Action Date FR Cite 

NPRM .................. 12/21/10 75 FR 80014 

NPRM Comment 

Period End.

03/21/11 

Analyzing Comments.06/00/11 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Mike Huntley, Chief, 

Vehicle and Roadside Operations 

Division, Department of Transportation, 

Federal Motor Carrier Safety 

Administration, 1200 New Jersey Ave, 

SE., Washington, DC 20590, Phone: 202 

366–9209, E-mail: 

michael.huntley@dot.gov. 

RIN: 2126–AB29 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Motor Carrier Safety 

Administration (FMCSA) 

Final Rule Stage 

254. +National Registry of Certified 

Medical Examiners 

Legal Authority: Pub. L. 109–59 

(2005), sec 4116 

Abstract: This rulemaking would 

establish training, testing and 

certification standards for medical 

examiners responsible for certifying that 

interstate commercial motor vehicle 

drivers meet established physical 

qualifications standards; provide a 

database (or National Registry) of 

medical examiners that meet the 

prescribed standards for use by motor 

carriers, drivers, and Federal and State 

enforcement personnel in determining 

whether a medical examiner is qualified 

to conduct examinations of interstate 

truck and bus drivers; and require 

medical examiners to transmit 

electronically to FMCSA the name of 

the driver and a numerical identifier for 

each driver that is examined. The 

rulemaking would also establish the 

process by which medical examiners 

that fail to meet or maintain the 

minimum standards would be removed 

from the National Registry. This action 

is in response to section 4116 of Safe, 

Accountable, Flexible, Efficient, 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU). 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/01/08 73 FR 73129 

NPRM Comment 

Period End.

01/30/09 

Final Rule ............ 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dr. Mary D. Gunnels, 

Director, Office of Medical Programs, 

Department of Transportation, Federal 

Motor Carrier Safety Administration, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, Phone: 202– 

366–4001, E-mail: 

maggi.gunnels@dot.gov. 

RIN: 2126–AA97 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Motor Carrier Safety 

Administration (FMCSA) 

Long-Term Actions 

255. +Safety Monitoring System and 

Compliance Initiative for MexicoDomiciled 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 Mexicodomiciled carriers exercise basic safety 

management controls. The interim rule 

included requirements that were not 

proposed in the NPRM but which are 

necessary to comply with the FY–2002 

DOT Appropriations Act. On January 

16, 2003, the Ninth Circuit Court of 

Appeals remanded this rule, along with 

two other NAFTA-related rules, to the 

agency, requiring a full environmental 

impact statement and an analysis 

required by the Clean Air Act. On June 

7, 2004, the Supreme Court reversed the 

Ninth Circuit and remanded the case, 

holding that FMCSA is not required to 

prepare the environmental documents. 

FMCSA originally planned to publish a 

final rule by November 28, 2003. 

FMCSA will determine the next steps to 

be taken after enactment of any pending 

legislation authorizing cross border 

trucking. 

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: Dominick Spataro, 

Chief, Borders Division, Department of 

Transportation, Federal Motor Carrier 

Safety Administration, 1200 New Jersey 

Ave, SE, Washington, DC 20590, Phone: 

202 266–2995, E-mail: 

dom.spataro@dot.gov. 

RIN: 2126–AA35 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Motor Carrier Safety 

Administration (FMCSA) 

Completed Actions 

256. +Commercial Driver’s License 

Testing and Commercial Learner’s 

Permit Standards 

Legal Authority: Pub. L. 109–347, sec 

703; 49 U.S.C. 31102; Pub. L. 105–178, 

112 Stat 414 (1998); Pub. L. 99–570, title 

XII, 100 Stat 3207 (1086); Pub. L. 102– 

240, sec 4007(a)(1), Stat 1914, 2151; 

Pub. L. 109–59 (2005), sec 4122; 49 

U.S.C. 31136 

Abstract: This rulemaking would 

establish revisions to the commercial 

driver’s license knowledge and skills 

testing standards as required by section 

4019 of TEA–21, implement fraud 

detection and prevention initiatives at 

the State driver licensing agencies as 

required by the SAFE Port Act of 2006, 

and establish new minimum Federal 

standards for States to issue commercial 

learner’s permits (CLPs), based in part 

on the requirements of section 4122 of 

Safe, Accountable, Flexible, Efficient, 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU). In addition to 

ensuring the applicant has the 

appropriate knowledge and skills to 

operate a commercial motor vehicle, 

this rule would establish the minimum 

information that must be on the CLP 

document and the electronic driver’s 


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record. The rule would also establish 

maximum issuance and renewal 

periods, establish a minimum age limit, 

address issues related to a driver’s State 

of Domicile, and incorporate previous 

regulatory guidance into the Federal 

regulations. This rulemaking would also 

address issues raised in the SAFE Port 

Act. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/09/08 73 FR 19282 

NPRM Comment 

Period End.

06/09/08 

NPRM Comment 

Period Extended.

06/09/08 73 FR 32520 

NPRM Comment 

Period End.

07/09/08 

Final Rule ............ 05/09/11 76 FR 26854 

Final Rule Effective.07/08/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Robert Redmond, 

Senior Transportation Specialist, 

Department of Transportation, Federal 

Motor Carrier Safety Administration, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, Phone: 202– 

366–5014, E-mail: 

robert.redmond@dot.gov. 

RIN: 2126–AB02 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

National Highway Traffic Safety 

Administration (NHTSA) 

Completed Actions 

257. +Ejection Mitigation 

Legal Authority: 49 U.S.C. 30111; 49 

U.S.C. 30115; 49 U.S.C. 30117; 49 U.S.C. 

30166; 49 U.S.C. 322; delegation of 

authority at 49 CFR 1.50 

Abstract: This rulemaking would 

create a new Federal Motor Vehicle 

Safety Standard (FMVSS) for reducing 

occupant ejection. Currently, there are 

over 52,000 annual ejections in motor 

vehicle crashes, and over 10,000 ejected 

fatalities per year. This rulemaking 

would propose new requirements for 

reducing occupant ejection through 

passenger vehicle side widows. The 

requirement would be an occupant 

containment requirement on the amount 

of allowable excursion through 

passenger vehicle side windows. The 

Safe, Accountable, Flexible, Efficient, 

Transportation Equity Act (SAFETEA– 

LU) requires that ‘‘[t]he Secretary shall 

also initiate a rulemaking proceeding to 

establish performance standards to 

reduce complete and partial ejections of 

vehicle occupants from outboard seating 

positions. In formulating the standards 

the Secretary shall consider various 

ejection mitigation systems. The 

Secretary shall issue a final rule under 

this paragraph no later than October 1, 

2009.’’ SAFETEA–LU also requires that, 

if the Secretary determines that the 

subject final rule deadline cannot be 

met, the Secretary shall notify and 

provide an explanation to the Senate 

Committee on Commerce, Science and 

Transportation and the House of 

Representatives Committee on Energy 

and Commerce of the delay. On 

September 24, 2009, the Secretary 

provided appropriate notification to 

Congress that the final rule will be 

delayed until January 31, 2011. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/02/09 74 FR 63180 

NPRM Comment 

Period End.

02/01/10 

Final Rule ............ 01/19/11 76 FR 3212 

Final Action Effective.03/01/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Louis Molino, Safety 

Standards Engineer, Department of 

Transportation, National Highway 

Traffic Safety Administration, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590, Phone: 202–366–1833, Fax: 202– 

366–4329, E-mail: 

louis.molino@dot.gov. 

RIN: 2127–AK23 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Railroad Administration (FRA) 

Proposed Rule Stage 

258. +Risk Reduction Program 

Legal Authority: Pub. L. 110–432, Div 

A, 122 Stat 4848 et seq.; Rail Safety 

Improvement Act of 2008; sec 103, 49 

U.S.C. 20156 ‘‘Railroad Safety Risk 

Reduction Program’’ 

Abstract: This rulemaking would 

consider appropriate contents for Risk 

Reduction Programs and how they 

should be implemented and reviewed 

by FRA. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 12/08/10 75 FR 76345 

ANPRM Comment 

Period End.

02/07/11 

Action Date FR Cite 

NPRM .................. 10/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kathryn Shelton, 

Trial Attorney, Department of 

Transportation, Federal Railroad 

Administration, 1200 New Jersey Ave., 

SE., Washington, DC 20590, Phone: 

202–493–6063, E-mail: 

kathryn.shelton@fra.dot.gov. 

RIN: 2130–AC11 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Railroad Administration (FRA) 

Final Rule Stage 

259. +Hours of Service: Passenger Train 

Employees (Rulemaking Resulting 

From a Section 610 Review) 

Legal Authority: Pub. L. 110–432, Div 

A, 122 Stat 4848 et seq.; Rail Safety 

Improvement Act of 2008; sec 108(e) (49 

U.S.C. 21109) 

Abstract: This rulemaking would 

establish hours of service requirements 

for train employees engaged in 

commuter and intercity passenger rail 

transport. 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/22/11 76 FR 16200 

NPRM Comment 

Period End.

05/23/11 

Final Rule ............ 08/00/11 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Kathryn Shelton, 

Trial Attorney, Department of 

Transportation, Federal Railroad 

Administration, 1200 New Jersey Ave., 

SE., Washington, DC 20590, Phone: 

202–493–6063, E-mail: 

kathryn.shelton@fra.dot.gov. 

RIN: 2130–AC15 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Saint Lawrence Seaway Development 

Corporation (SLSDC) 

Completed Actions 

260. • Tariff of Tolls (Completion of a 

Section 610 Review) 

Legal Authority: 33 U.S.C. 983(a); 33 

U.S.C. 984(4) as amended and 49 CFR 

1.52 


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40112 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 

Abstract: The Saint Lawrence Seaway 

Development Corporation (SLSDC) and 

the St. Lawrence Seaway Management 

Corporation (SLSMC) of Canada, under 

international agreement, jointly publish 

and presently administer the St. 

Lawrence Seaway Tariff of Tolls in their 

respective jurisdictions. The Tariff sets 

forth the level of tolls assessed on all 

commodities and vessels transiting the 

facilities operated by the SLSDC and the 

SLSMC. The SLSDC is revising its 

regulations to reflect the fees and 

charges levied by the SLSMC in Canada 

starting in the 2009 navigation season, 

which are effective only in Canada. 

Timetable: 

Action Date FR Cite 

Final Rule ............ 03/12/09 74 FR 10677 

Final Rule Effective.03/12/09 

NPRM .................. 01/28/11 76 FR 5104 

NPRM Comment 

Period End.

02/28/11 

Final Rule ............ 03/10/11 76 FR 13088 

Final Rule Effective.03/20/11 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Craig H. 

Middlebrook, Deputy Administrator, 

Department of Transportation, Saint 

Lawrence Seaway Development 

Corporation, 1200 New Jersey Ave., SE., 

Washington, DC 20590, Phone: 202– 

366–0091, Fax: 202–366–7147, E-mail: 

craig.middlebrook@sls.dot.gov. 

RIN: 2135–AA29 

BILLING CODE 4910–61–P 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Pipeline and Hazardous Materials 

Safety Administration (PHMSA) 

Final Rule Stage 

261. +Hazardous Materials: Revisions 

to Requirements for the Transportation 

of Lithium Batteries 

Legal Authority: 49 U.S.C. 5101 et seq. 

Abstract: This rulemaking would 

amend the Hazardous Materials 

Regulations to comprehensively address 

the safe transportation of lithium cells 

and batteries. The intent of the 

rulemaking is to strengthen the current 

regulatory framework by imposing more 

effective safeguards, including design 

testing to address risks related to 

internal short circuits, and enhanced 

packaging, hazard communication, and 

operational measures for various types 

and sizes of lithium batteries in specific 

transportation contexts. The rulemaking 

responds to several recommendations 

issued by the National Transportation 

Safety Board. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/11/10 75 FR 1302 

NPRM Comment 

Period End.

03/12/10 

Final Rule ............ 08/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kevin Leary, 

Transportation Specialist, Department 

of Transportation, Pipeline and 

Hazardous Materials Safety 

Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

Phone: 202–366–8553, E-mail: 

kevin.leary@dot.gov. 

RIN: 2137–AE44 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Maritime Administration (MARAD) 

Long-Term Actions 

262. +Cargo Preference—Compromise, 

Assessment, Mitigation, Settlement and 

Collection of Civil Penalties 

Legal Authority: Pub. L. 110–417 

Abstract: This rulemaking would 

establish part 383 of the Cargo 

Preference regulations. This rulemaking 

would cover Public Law 110–417, 

section 3511 National Defense 

Authorization Act for FY2009 statutory 

changes to the cargo preference rules, 

which have not been substantially 

revised since 1971. The rulemaking also 

would include compromise, assessment, 

mitigation, settlement, and collection of 

civil penalties. 

Timetable: Next Action 

Undetermined. 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Christine Gurland, 

Department of Transportation, Maritime 

Administration, 1200 New Jersey Ave., 

SE., Washington, DC 20590, Phone: 202 

366–5157, E-mail: 

christine.gurland@dot.gov. 

RIN: 2133–AB75 

[FR Doc. 2011–15494 Filed 7–6–11; 8:45 am] 

BILLING CODE 4910–81–P 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
Vol. 76 Thursday, 

No. 130 July 7, 2011 

Part XIII 

Department of the Treasury 

Semiannual Regulatory Agenda 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2