Vol. 78 Tuesday, 

No. 10 January 15, 2013 

Part III 

Department of Transportation 

Semiannual Regulatory Agenda; Republication 


tkelley on DSK3SPTVN1PROD with 
3290 Federal Register / Vol. 78, No. 10 / Tuesday, January 15, 2013 / 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: Republication. 

SUMMARY: The entire Department of 

Transportation Fall 2012 Unified 

Agenda published in the Federal 

Register on January 8, 2013 (78 FR 

1604), is being republished to correct 

missing portions of the fall 2012 

preamble. This information was omitted 

in error, and is therefore being reprinted 

to publish the data in its entirety. 

DATES: This republication is effective 

January 15, 2013. 

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. 

SUPPLEMENTARY INFORMATION SECTION: 

The entire Department of Transportation 

Fall 2012 Unified Agenda is being 

republished to correct missing portions 

of the fall 2012 preamble. 

Brett Jortland, 

Deputy Assistant General Counsel, 

Department of Transportation. 

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 

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://www.dot.gov/ 

regulations. Among other things, this 

Web site provides a report, updated 

monthly, on the status of the DOT 

significant rulemakings listed in the 

Semiannual Regulatory Agenda. 

To help the Department achieve these 

goals and in accordance with Executive 

Order (E.O.) 12866, ‘‘Regulatory 

Planning and Review,’’ (58 FR 51735; 

Oct. 4, 1993) and the Department’s 

Regulatory Policies and Procedures (44 

FR 11034; Feb. 26, 1979), the 

Department prepares a Semiannual 

Regulatory Agenda. It summarizes all 

current and projected 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 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 


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Federal Register / Vol. 78, No. 10 / Tuesday, January 15, 2013 / Unified Agenda 3291 

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, essentially, 

very costly, beneficial, 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) 

decide 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 June 13, 2012, 

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 

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.’’ One such example of this 

is the letters ‘‘SB,’’ ‘‘IC,’’ ‘‘SLT.’’ These 

refer to information used as part of our 

required reports on Retrospective 

Review of DOT rulemakings. A ‘‘Y’’ or 

an ‘‘N,’’ for yes and no, respectively, 

follow the letters to indicate whether or 

not a particular rulemaking would have 

effects on: Small businesses (SB); 

information collections (IC); or State, 

local, or tribal (SLT) governments. 

For nonsignificant regulations issued 

routinely and frequently as a part of an 

established body of technical 

requirements (such as the Federal 

Aviation Administration’s Airspace 

Rules), to keep those requirements 

operationally current, we only include 

the general category of the regulations, 

the identity of a contact office or 

official, and an indication of the 

expected number of regulations; we do 

not list individual regulations. 

In the ‘‘Timetable’’ column, we use 

abbreviations to indicate the particular 

documents being considered. ANPRM 

stands for Advance Notice of Proposed 

Rulemaking, SNPRM for Supplemental 

Notice of Proposed Rulemaking, and 

NPRM for Notice of Proposed 

Rulemaking. Listing a future date in this 

column does not mean we have made a 

decision to issue a document; it is the 

earliest date on which 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. In response 

to Executive Order 13563 

‘‘Retrospective Review and Analysis of 

Existing Rules,’’ we have prepared a 

retrospective review plan providing 

more detail on the process we use to 

conduct reviews of existing rules, 

including changes in response to 

Executive Order 13563. We provided 

the public opportunities to comment at 

regulations.gov and IdeaScale on both 

our process and any existing DOT rules 

the public thought needed review. The 

plan and the results of our review can 

be found at http://www.dot.gov/ 

regulations. 

Regulatory Flexibility Act 

The Department is especially 

interested in obtaining information on 

requirements that have a ‘‘significant 

economic impact on a substantial 

number of small entities’’ and, therefore, 

must be reviewed under the Regulatory 

Flexibility Act. If you have any 

suggested regulations, please submit 

them to us, along with your explanation 

of why they should be reviewed. 

In accordance with the Regulatory 

Flexibility Act, comments are 

specifically invited on regulations that 

we have targeted for review under 

section 610 of the Act. The phrase (sec. 

610 Review) appears at the end of the 

title for these reviews. Please see 

appendix D for the Department’s section 

610 review plans. 


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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: November 2, 2012. 

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 Regulatory Agenda, are 

available through the Internet at http:// 

www.regulations.gov. See appendix C 

for more information. 

(Name of contact person), (Name of 

the DOT agency), 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

(For the Federal Aviation 

Administration, substitute the following 

address: Office of Rulemaking, ARM–1, 

800 Independence Avenue SW., 

Washington, DC 20591). 

Appendix B—General Rulemaking 

Contact Persons 

The following is a list of persons who 

can be contacted within the Department 

for general information concerning the 

rulemaking process within the various 

operating administrations. 

FAA—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—Richard Wong, Office of Chief 

Counsel, 1200 New Jersey Avenue 

SE., Room E56–308, Washington, DC 

20590; telephone (202) 366–0675. 

SLSDC—Carrie Mann Lavigne, Chief 

Counsel, 180 Andrews Street, 

Massena, NY 13662; telephone (315) 

764–3200. 

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. 

In accordance with Executive Order 

13563, ‘‘Improving Regulation and 

Regulatory Review,’’ issued by the 

President on January 18, 2011, the 

Department has added other elements to 

its review plan. The Department has 

decided to improve its plan by adding 

special oversight processes within the 

Department; encouraging effective and 

timely reviews, including providing 

additional guidance on particular 

problems that warrant review; and 

expanding opportunities for public 

participation. These new actions are in 

addition to the other steps described in 

this Appendix. 

Section 610 Review Plan 

Section 610 requires that we conduct 

reviews of rules that (1): Have been 

published within the last 10 years, and 

(2) have a ‘‘significant economic impact 

on a substantial number of small 

entities’’ (SEIOSNOSE). It also requires 

that we publish in the Federal Register 

each year a list of any such rules that 

we will review during the next year. 

The Office of the Secretary and each of 

the Department’s Operating 

Administrations have a 10-year review 

plan. These reviews comply with 

section 610 of the Regulatory Flexibility 

Act. 


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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. 

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 is 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 


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3294 Federal Register / Vol. 78, No. 10 / Tuesday, January 15, 2013 / Unified Agenda 

Year 1 (Fall 2008) List of Rules 

Analyzed and Summary of Results 

49 CFR part 95—Advisory Committees 

• Section 610: The agency has 

determined that the rule does not have 

a significant economic impact on a 

substantial number of small entities. 

• General: The agency plans to 

remove part 95 because it has been 

made obsolete by other laws, 

regulations, and agency procedures. 

Removal of these regulations would be 

cost effective and impose no burdens. 

Since the regulations will be removed, 

a review for plain language is not 

necessary. 

Year 1 (Fall 2008) List of Rules With 

Ongoing Analysis 

49 CFR part 91—International Air 

Transportation Fair Competitive 

Practices 

49 CFR part 92—Recovering Debts to the 

United States by Salary Offset 

49 CFR part 98—Enforcement of 

Restrictions on Post-Employment 

Activities 

49 CFR part 99—Employee 

Responsibilities and Conduct 

14 CFR part 200—Definitions and 

Instructions 

14 CFR part 201—Air Carrier Authority 

Under Subtitle VII of Title 49 of the 

United States Code [Amended] 

14 CFR part 203—Waiver of Warsaw 

Convention Liability Limits and 

Defenses 

14 CFR part 204—Data to Support 

Fitness Determinations 

14 CFR part 205—Aircraft Accident 

Liability Insurance 

14 CFR part 206—Certificates of Public 

Convenience and Necessity: Special 

Authorizations and Exemptions 

14 CFR part 207—Charter Trips by U.S. 

Scheduled Air Carriers 

14 CFR part 208—Charter Trips by U.S. 

Charter Air Carriers 

14 CFR part 211—Applications for 

Permits to Foreign Air Carriers 

14 CFR part 212—Charter Rules for U.S. 

and Foreign Direct Air Carriers 

Year 3 (Fall 2010) List of Rules With 

Ongoing Analysis 

14 CFR part 213—Terms, Conditions, 

and Limitations of Foreign Air Carrier 

Permits 

14 CFR part 214—Terms, Conditions, 

and Limitations of Foreign Air Carrier 

Permits Authorizing Charter 

Transportation Only 

14 CFR part 215—Use and Change of 

Names of Air Carriers, Foreign Air 

Carriers, and Commuter Air Carriers 

14 CFR part 216—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 

Year 4 (Fall 2011) List of Rules 

Analyzed and Summary of Results 

14 CFR part 234—Airline Service 

Quality Performance Reports 

• Section 610: The agency has 

determined that the existing rule does 

not have a significant effect on a 

substantial number of small entities. 

• General: The Department is 

anticipating proposing changes to the 

existing rule to expand the on-time 

performance ‘‘reporting carrier’’ pool to 

include smaller carriers to enable the 

Department to obtain and provide to the 

flying public a more complete picture of 

the performance of scheduled passenger 

service in general. Also, in July 2011, 

the Department proposed to change the 

way the Department computes 

mishandled baggage rates from 

mishandled baggage reports per 

domestic enplanement to mishandled 

bags per checked bags as the 

Department believes that the current 

matrix for comparing airline 

mishandled baggage information is 

outdated. OST’s plain language review 

indicates no need for substantial 

revision. 

14 CFR part 250—Oversales 

• Section 610: Certain elements of 

this existing rule impose requirements 

on certain small air carriers but the 

Department has determined that the 

economic impact is not significant. 

• General: The Department made 

some changes to this part in April 2008 

and April 2011. No additional changes 

are needed. These regulations are cost 

effective and impose the least burden as 

all air carriers have control over the 

extent to which the rule impacts them 

because they control their own 

overbooking rates. OST’s plain language 

review indicates no need for substantial 

revision. 

14 CFR part 252—Smoking Aboard 

Aircraft 

• Section 610: The agency has 

determined that the existing rule does 

not have a significant effect on a 

substantial number of small entities. 

• General: In September 2011, the 

Department proposed to change the 

existing rule to explicitly ban the 

smoking of electronic cigarettes on air 

carriers and foreign air carrier flights in 

scheduled intrastate, interstate and 

foreign air transportation. The 

Department is also considering banning 

smoking on charter flights with 19 or 

more passenger seats in part out of 

concern about the health effects of 

second hand smoke on flight attendants 

aboard such flights. Carriers that 

provide air transportation exclusively 

with aircraft that seat no more than 60 

passenger seats are considered to be 

small entities. OST’s plain language 

review indicates no need for substantial 

revision. 

14 CFR part 253—Notice of Terms of 

Contract of Carriage 

• Section 610: The agency has 

determined that the existing rule does 

not have a significant effect on a 

substantial number of small entities. 

• General: A minor change to a 

provision in this part regarding 

retroactive changes to contracts of 

carriage was finalized in 2009. No 

additional changes are needed. These 

regulations are cost effective. OST’s 

plain language review indicates no need 

for substantial revision. 

14 CFR part 254—Domestic Baggage 

Liability 

• Section 610: The agency has 

determined that the existing rule does 

not have a significant effect on a 

substantial number of small entities. 

• General: The Department 

periodically raises the minimum limit 

on domestic baggage liability applicable 

to air carriers to reflect inflation. The 

Department anticipates adjusting the 

minimum limit of liability from the 

current amount of $3,300 announced by 

the Department in November 2008 to 

$3,400, to take into account the changes 

in consumer prices since the prior 

revision. This revision would affect only 

flight segments operated with large 

aircraft and other flight segments 

appearing on the same ticket as a largeaircraft segment. As a result, many 

operations of small entities, such as air 

taxis and many commuter air carriers, 

would not be covered by the rule. OST’s 

plain language review indicates no need 

for substantial revision. 

Year 4 (Fall 2011) List of Rules With 

Ongoing Analysis 

14 CFR part 240—Inspection of 

Accounts and Property 

14 CFR part 241—Uniform System of 

Accounts and Reports for Large 

Certificated Air Carriers 

14 CFR part 243—Passenger Manifest 

Information 


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14 CFR part 247—Direct Airport-toAirport Mileage Records 

14 CFR part 248—Submission of Audit 

Reports 

14 CFR part 249—Preservation of Air 

Carrier Records 

Year 5 (Fall 2012) List of Rules To Be 

Analyzed During the Next Year 

14 CFR part 255—Airline Computer 

Reservations Systems 

14 CFR part 256—[Reserved] 

14 CFR part 271—Guidelines for 

Subsidizing Air Carriers Providing 

Essential Air Transportation 

14 CFR part 272—Essential Air Service 

to the Freely Associated States 

14 CFR part 291—Cargo Operations in 

Interstate Air Transportation 

14 CFR part 292—International Cargo 

Transportation 

14 CFR part 293—International 

Passenger Transportation 

14 CFR part 294—Canadian Charter Air 

Taxi Operators 

14 CFR part 296—Indirect Air 

Transportation of Property 

14 CFR part 297—Foreign Air Freight 

Forwarders and Foreign Cooperative 

Shippers Associations 

14 CFR part 298—Exemptions for Air 

Taxi and Commuter Air Carrier 

Operations 

Year 5 (Fall 2012) List of Rules 

Analyzed and a Summary of Results 

14 CFR part 257—Disclosure of CodeSharing Arrangements and Long-Term 

Wet Leases 

• Section 610: The agency has 

determined that the existing rule does 

not have a significant effect on a 

substantial number of small entities. 

• General: The Department is 

anticipating proposing changes to the 

existing rule to codify the requirements 

in a statute (49 U.S.C. 41712(c)) and the 

Department’s enforcement policy with 

respect to Web site disclosure of codeshare and long term wet lease 

arrangements. OST’s plain language 

review indicates no need for substantial 

revision. 

14 CFR part 258—Disclosure of Changeof-Gauge Services 

• Section 610: The agency has 

determined that the rule does not have 

a significant effect on a substantial 

number of small entities. 

• General: No changes are needed. 

These regulations are cost effective and 

impose the least burden. OST’s plain 

language review indicates no need for 

substantial revision. 

14 CFR part 259—Enhanced Protections 

for Airline Passengers 

• Section 610: This rule imposes 

requirements on small air carriers but 

the Department believes that the 

economic impact will not be significant 

• General: The Department is 

anticipating proposing changes to the 

existing rule to require comfortable 

cabin temperatures when there is a 

lengthy tarmac delay and to require a 

marketing carrier provide assistance to 

its code-share partner when a flight 

operated by the code share partner 

experiences a lengthy tarmac delay. 

OST’s plain language review indicates 

no need for substantial revision. 

FEDERAL AVIATION 

ADMINISTRATION 

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 SEIONOSE 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 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 

Year 5 (2012) List of Rules Analyzed 

and Summary of Results 

14 CFR part 17—Procedures for Protests 

and Contract Disputes 

• Section 610: The agency conducted 

a Section 610 review of this part and 

found no SEISNOSE. 

• General: No changes are needed. 

These regulations are cost effective and 

impose the least burden. FAA’s plain 

language review of these rules indicates 

no need for substantial revision. 

14 CFR part 21—Certification 

Procedures for Products and Parts 

• Section 610: The agency conducted 

a Section 610 review of this part and 

found no SEISNOSE. 

• General: No changes are needed. 

These regulations are cost effective and 

impose the least burden. FAA’s plain 

language review of these rules indicates 

no need for substantial revision. 

14 CFR part 23—Airworthiness 

Standards: Normal, Utility, Acrobatic, 

and Commuter Category Airplanes 

• Section 610: The agency conducted 

a Section 610 review of this part and 

found no SEISNOSE. 

• General: No changes are needed. 

These regulations are cost effective and 

impose the least burden. FAA’s plain 

language review of these rules indicates 

no need for substantial revision. 

14 CFR part 25—Airworthiness 

Standards: Transport Category 

Airplanes 

• Section 610: The agency conducted 

a Section 610 review of this part and 

found that the SEISNOSE no longer 

exists. 

• 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. 


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14 CFR part 26—Continued 

Airworthiness and Safety 

Improvements for Transport Category 

Airplanes 

• Section 610: The agency conducted 

a Section 610 review of this part and 

found no SEISNOSE. 

• General: No changes are needed. 

These regulations are cost effective and 

impose the least burden. FAA’s plain 

language review of these rules indicates 

no need for substantial revision. 

14 CFR part 27—Airworthiness 

Standards: Normal Category 

Rotorcraft 

• Section 610: The agency conducted 

a Section 610 review of this part and 

found no SEISNOSE. 

• General: No changes are needed. 

These regulations are cost effective and 

impose the least burden. FAA’s plain 

language review of these rules indicates 

no need for substantial revision. 

14 CFR part 29—Airworthiness 

Standards: Transport Category 

Rotorcraft 

• Section 610: The agency conducted 

a Section 610 review of this part and 

found no SEISNOSE. 

• General: No changes are needed. 

These regulations are cost effective and 

impose the least burden. FAA’s plain 

language review of these rules indicates 

no need for substantial revision. 

14 CFR part 31—Airworthiness 

Standards: Manned Free Balloons 

• Section 610: The agency conducted 

a Section 610 review of this part and 

found no SEISNOSE. 

• General: No changes are needed. 

These regulations are cost effective and 

impose the least burden. FAA’s plain 

language review of these rules indicates 

no need for substantial revision. 

14 CFR part 33—Airworthiness 

Standards: Aircraft Engines 

• Section 610: The agency conducted 

a Section 610 review of this part and 

found no SEISNOSE. 

• General: No changes are needed. 

These regulations are cost effective and 

impose the least burden. FAA’s plain 

language review of these rules indicates 

no need for substantial revision. 

Year 6 (2013) List of Rules To Be 

Analyzed During the Next Year 

14 CFR part 34—Fuel venting and 

exhaust emission requirements for 

turbine engine powered airplanes 

14 CFR part 35—Airworthiness 

standards: Propellers 

14 CFR part 36—Noise standards: 

Aircraft type and airworthiness 

certification 

14 CFR part 39—Airworthiness 

directives 

14 CFR part 400—Basis and scope 

14 CFR part 401—Organization and 

definitions 

14 CFR part 404—Regulations and 

licensing requirements 

14 CFR part 405—Investigations and 

enforcement 

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 4 (Fall 2011) List of Rules 

Analyzed and a Summary of Results 

23 CFR part 500—Management and 

Monitoring Systems 

• Section 610: No SEIOSNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective and 

impose the least burden. FHWA’s plain 

language review of these rules indicates 

no need for substantial revision. 

Year 5 (Fall 2012) List of Rules That 

Will be Analyzed During the Next Year 

23 CFR part 620—Engineering 

23 CFR part 625—Design Standards for 

Highways 

23 CFR part 626—Pavement Policy 

23 CFR part 627—Value Engineering 

23 CFR part 630—Preconstruction 

Procedures 

23 CFR part 633—Required Contract 

Provisions 

23 CFR part 635—Construction and 

Maintenance 

23 CFR part 636—Design-build 

Contracting 

23 CFR part 637—Construction 

Inspection and Approval 

FEDERAL MOTOR CARRIER SAFETY 

ADMINISTRATION 

Section 610 and Other Reviews 


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Year Regulations to be reviewed Analysis 

year 

Review 

year 

1 .......................................................... 49 CFR part 372, subpart A ........................................................................... 2008 2009 

2 .......................................................... 49 CFR part 386 ............................................................................................. 2009 2010 

3 .......................................................... 49 CFR parts 325 and 390 (General) ............................................................ 2010 2011 

4 .......................................................... 49 CFR parts 390 (Small Passenger-Carrying Vehicles), 391 to 393 and

396 to 399.

2011 2012 

5 .......................................................... 49 CFR parts 387 ........................................................................................... 2012 2013 

6 .......................................................... 49 CFR parts 356, 367, 369 to 371, 372 (subparts B and 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 ................................................................................... 2016 2017 

10 ........................................................ 49 CFR part 395 ............................................................................................. 2017 2018 

Year 1 (Fall 2008) List of Rules 

Analyzed and a Summary of Results 

49 CFR part 372—Exemptions from the 

operating authority regulations 

applicable to for-hire motor carriers 

• Section 610: There is no 

SEIOSNOSE. No small entities are 

affected. 

• General: No changes are needed. 

These regulations provide exemptions 

from the requirements for certain forhire motor carriers to apply for 

operating authority from FMCSA. The 

regulations reduce the regulatory 

burden on small businesses by enabling 

certain for-hire carriers to conduct 

business without being required to 

apply for operating authority. The 

regulations are cost effective and impose 

the least burden. FMCSA’s plain 

language review of these rules indicates 

no need for substantive revision. 

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 a 

SEIOSNOSE, as a significant number of 

small entities may be affected by legal 

fees and safety consultants’ fees 

associated with preparing an adequate 

response to FMCSA notices of claims 

and notices of violations and the 

submission of corrective action plans 

following an unsuccessful new entrant 

audit or compliance review. It was 

found that the cost for legal 

representation and other costs for a 

formal hearing to appeal a decision may 

have a significant impact on small firms. 

However, these proceedings would only 

come about if the regulated entity failed 

to comply with applicable Federal 

regulations and FMCSA initiated 

enforcement action as a result of noncompliance. 

Subpart D, ‘‘General Rules and 

Hearings,’’ addresses rules and 

procedures for the conduct of formal 

hearings. The principal economic 

impact of part 386 is the cost to a small 

firm of defending itself under these 

procedures. However, as noted above, 

carriers that achieve compliance with 

FMCSA’s commercial and safety 

regulations would not be subject to 

enforcement actions and therefore 

would not undergo such procedures. 

• General: The Agency considered 

whether the rules of practice impose 

unnecessary burdens on small 

businesses that undergo enforcement 

actions as a result of non-compliance 

with the Agency’s commercial and 

safety regulations. The Agency 

concluded that the rules of practice do 

not impose unnecessary burdens on 

such businesses when they achieve 

compliance with the applicable safety 

and hazardous materials regulations. 

Year 3 (Fall 2010) List of Rules with 

Ongoing Analysis 

49 CFR part 325—Compliance with 

Interstate Motor Carrier Noise 

Emission 

49 CFR part 390—Federal Motor Carrier 

Safety Regulations, General 

• This rule was moved up from Year 

4 as a result of the Department’s 

Retrospective Regulatory Review. 

Year 4 (Fall 2011) List of Rules with 

Ongoing Analysis 

49 CFR part 391—Driver Qualifications 

49 CFR part 392—Driving of 

Commercial Motor Vehicles 

49 CFR part 393—Parts and Accessories 

Necessary for Safe Operation 

49 CFR part 396—Inspection, Repair 

and Maintenance of Commercial 

Motor Vehicles 

49 CFR part 397—Transportation of 

Hazardous Materials; Driving and 

Parking Rules 

49 CFR part 398—Transportation of 

Migrant Workers 

49 CFR part 399—Employee Safety and 

Health Standards 

Year 5 (Fall 2012) List of Rule(s) That 

Will Be Analyzed This Year 

49 CFR part 387—Minimum Levels of 

Financial Responsibility for Motor 

Carriers 

NATIONAL HIGHWAY TRAFFIC 

SAFETY ADMINISTRATION 

Section 610 and Other Reviews 

Year Regulations to be reviewed Analysis 

year Review year 

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

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

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

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

5 .......................................................... 49 CFR parts 571.101 through 571.110, and 571.135, 571.138 and 

571.139.

2012 2013 

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

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

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

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

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


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Year 4 (Fall 2011) List of Rules 

Analyzed and a Summary of the Results 

49 CFR part 571.131—School Bus 

Pedestrian Safety Devices 

• Section 610: There is no 

SEIOSNOSE. 

• General: No changes are needed. 

These regulations are cost effective and 

impose the least burden. NHTSA’s plain 

language review of these rules indicates 

no need for substantial revision. 

49 CFR part 571.217—Bus Emergency 

Exits and Window Retention and 

Release 

• Section 610: There is no 

SEIOSNOSE. 

• General: No changes are needed. 

These regulations are cost effective and 

impose the least burden. NHTSA’s plain 

language review of these rules indicates 

no need for substantial revision. 

49 CFR part 571.220—School Bus 

Rollover Protection 

• Section 610: There is no 

SEIOSNOSE. 

• General: No changes are needed. 

These regulations are cost effective and 

impose the least burden. NHTSA’s plain 

language review of these rules indicates 

no need for substantial revision. 

49 CFR part 571.221—School Bus Body 

Joint Strength 

• Section 610: There is no 

SEIOSNOSE. 

• General: No changes are needed. 

These regulations are cost effective and 

impose the least burden. NHTSA’s plain 

language review of these rules indicates 

no need for substantial revision. 

49 CFR part 571.222—School Bus 

Passenger Seating and Crash 

Protection 

• Section 610: There is no 

SEIOSNOSE. 

• General: No changes are needed. 

These regulations are cost effective and 

impose the least burden. NHTSA’s plain 

language review of these rules indicates 

no need for substantial revision. 

Year 5 (Fall 2012) List of Rules That 

Will Be Analyzed During the Next Year 

49 CFR part 571.101—Controls and 

Displays 

49 CFR part 571.102—Transmission 

Shift Position Sequence, Starter 

Interlock, and Transmission Braking 

Effect 

49 CFR part 571.103—Windshield 

Defrosting and Defogging Systems 

49 CFR part 571.104—Windshield 

Wiping and Washing Systems 

49 CFR part 571.105—Hydraulic and 

Electric Brake Systems 

49 CFR part 571.106—Brake Hoses 

49 CFR part 571.107—[Reserved] 

49 CFR part 571.108—Lamps, Reflective 

Devices, and Associated Equipment 

49 CFR part 571.109—New Pneumatic 

and Certain Specialty Tires 

49 CFR part 571.110—Tire Selection 

and Rims and Motor Home/Recreation 

Vehicle Trailer Load Carrying 

Capacity Information for Motor 

Vehicles with a GVWR of 4,536 

Kilograms (10,000 Pounds) or Less 

49 CFR part 571.135—Light Vehicle 

Brake Systems 

49 CFR part 571.138—Tire Pressure 

Monitoring Systems 

49 CFR part 571.139—New Pneumatic 

Radial Tires for Light Vehicles 

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 4 (Fall 2011) List of Rules 

Analyzed and a Summary of Results 

49 CFR part 219—Control of Alcohol 

and Drug Use 

• Section 610: There is no 

SEIOSNOSE. 

• General: No changes are needed. 

This rule is cost effective and imposes 

the least burden. FRA’s plain language 

review of this rule indicates no need for 

substantial revision. 

Year 5 (Fall 2012) List of Rule(s) That 

Will Be Analyzed During Next Year 

49 CFR part 218—Control of Alcohol 

and Drug Use 

49 CFR part 221—Rear End Marking 

Device Passenger, Commuter and 

Freight Trains 

49 CFR part 241—United States 

Locational Requirement for 

Dispatching of United States Rail 

Operations. 

49 CFR part 244—Regulations on Safety 

Integration Plans Governing Railroad 

Consolidations, Mergers, and 

Acquisitions of Control 

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 


tkelley on DSK3SPTVN1PROD with 
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Year Regulations to be reviewed Analysis 

year Review year 

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

Year 3 (Fall 2010) List of Rules 

Analyzed and Summary of Results 

49 CFR part 605—School Bus 

Operations 

• Section 610: The agency has 

determined that the rule does not have 

a significant effect on a substantial 

number of small entities. 

• General: No changes are needed. 

These regulations are cost effective and 

impose the least burden. FTA’s plain 

language review indicates no need for 

substantial revision. 

Year 4 (Fall 2011) List of Rules With 

Ongoing Analysis 

49 CFR part 609—Transportation for 

Elderly and Handicapped Persons 

Year 5 (Fall 2012) List of Rule(s) That 

Will Be Analyzed During the Next Year 

49 CFR part 613—Planning Assistance 

and Standards 

49 CFR part 614—Transportation 

Infrastructure 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 parts 221, 298, 308, and 309 ........................................................... 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 4 (Fall 2011) List of Rules With 

Ongoing Analysis 

46 CFR part 381—Cargo Preference— 

U.S.-Flag Vessels 

46 CFR part 383—Cargo Preference— 

Compromise, Assessment, Mitigation, 

Settlement & Collection of Civil 

Penalties 

46 CFR part 221—Foreign Transfer 

Regulations 

46 CFR part 249—Approval of 

Underwriters for Marine Hull 

Insurance 

46 CFR part 272—Requirements and 

Procedures for Conducting Condition 

Surveys and Administering 

Maintenance and Repair Subsidy 

46 CFR part 287—Establishment of 

Construction Reserve Funds 

46 CFR part 295—Maritime Security 

Program (MSP) 

46 CFR part 296—Maritime Security 

Program (MSP) 

Year 5 (2012) List of Rules That Will Be 

Analyzed During the Next Year 

46 CFR part 307—Mandatory Position 

Report System for Vessels 

46 CFR part 308—War Risk Insurance 

46 CFR part 309—War Risk Ship 

Valuation 

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 4 (Fall 2011) List of rules analyzed 

and a summary of results 

49 CFR section 171.15—Immediate 

Notice Of Certain Hazardous 

Materials Incidents 

• Section 610: There is no 

SEIOSNOSE. Annually fewer than 100 

small entities are required to file a 

report telephonic report. Therefore, 

though some small entities may be 

affected the economic impact on small 

entities will not be significant. 

• General: This rule prescribes 

requirements for the immediate notice 

of certain hazardous materials incidents 

by telephone to the National Response 


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3300 Federal Register / Vol. 78, No. 10 / Tuesday, January 15, 2013 / Unified Agenda 

Center (NRC). The primary function of 

the National Response Center is to serve 

as the sole national point of contact for 

reporting all oil, chemical, radiological, 

biological, and etiological discharges 

into the environment anywhere in the 

United States and its territories. In 

addition to gathering and distributing 

spill data for Federal On-Scene 

Coordinators and serving as the 

communications and operations center 

for the National Response Team, the 

NRC maintains agreements with a 

variety of Federal entities to make 

additional notifications regarding 

incidents meeting established trigger 

criteria. Section 171.15(b) establishes 

the trigger criteria for a reportable 

hazardous materials incident. PHMSA’s 

plain language review of this rule 

indicates no need for substantial 

revision. 

49 CFR section 171.16—Detailed 

Hazardous Materials Incident Reports 

• Section 610: There is no 

SEIOSNOSE. Based on a review of 

detailed incident reports PHMSA found 

that only 3 percent of the nearly 15,000 

incidents reports submitted in FY2011 

were filed by small entities. Therefore, 

though some small entities may be 

affected the economic impact on small 

entities will not be significant. 

• General: This rule prescribes 

requirements for detailed hazardous 

materials incident reports. PHMSA 

relies on this data and information to 

evaluate the effectiveness of the existing 

regulations; determine the need for 

regulatory changes to cover changing 

transportation safety problems; and 

identify major problem areas that 

should receive priority attention. In 

addition, both government and industry 

use this information to chart trends, 

identify problems and training 

inadequacies, evaluate packaging, and 

assess ways to reduce hazardous 

materials releases. In FY2011 PHMSA 

accepted two petitions for rulemaking 

(P–1562; PHMSA–2010–0207 and P– 

1566; PHMSA–2010–0225) that request 

revisions to the incident reporting 

requirements. As a result of these 

petitions, PHMSA is currently 

conducting research to evaluate the 

effectiveness of the requirements for 

detailed hazardous materials incident 

reporting in section 171.16. PHMSA 

concluded this study in FY2012. Based 

on the results of the study PHMSA is 

considering regulatory action to address 

its findings, the petitions, and simplify 

the incident reporting process. 

PHMSA’s plain language review of this 

rule indicates no need for substantial 

revision. 

Year 5 (Fall 2012) List of rules that will 

be analyzed during the next year 

49 CFR part 106—Rulemaking 

Procedures 

49 CFR part 107—Hazardous Materials 

Program Procedures 

49 CFR part 171—General Information, 

Regulations, and Definitions 

49 CFR part 190—Pipeline Safety 

Programs and Rulemaking Procedures 

49 CFR part 195—Transportation of 

Hazardous liquids by Pipeline 

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 3 (Fall 2010) List of Rules With 

Ongoing Analysis 

14 CFR part 298 subpart f—Exemptions 

for Air Taxi and Commuter Air 

Carrier Operations—Reporting 

Requirements 

Year 4 (Fall 2011) List of Rules With 

Ongoing Analysis 

14 CFR part 241, section 19–7— 

Passenger Origin-Destination Survey 

Year 5 (Fall 2012) List of Rules That 

Will Be Analyzed During the Next Year 

14 CFR part 291—Caro Operations in 

Interstate Air Transportation 

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 


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OFFICE OF THE SECRETARY—PROPOSED RULE STAGE

Sequence No. Title Regulation 

identifier No. 

337 ............................................................ +Enhancing Airline Passenger Protections III ............................................................. 2105–AE11 

+ DOT-designated significant regulation. 

OFFICE OF THE SECRETARY—FINAL RULE STAGE

Sequence No. Title Regulation 

identifier No. 

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

+ DOT-designated significant regulation. 

FEDERAL AVIATION ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

identifier No. 

339 ............................................................ +Operation and Certification of Small Unmanned Aircraft Systems (sUAS) ............... 2120–AJ60 

340 ............................................................ +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. 

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

342 ............................................................ +Pilot Certification and Qualification Requirements (Formerly First Officer Qualification Requirements) (HR 5900).2120–AJ67 

343 ............................................................ +Safety Management Systems for Certificate Holders (Section 610 Review) .......... 2120–AJ86 

+ DOT-designated significant regulation. 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

identifier No. 

344 ............................................................ +Electronic Logging Devices and Hours of Service Supporting Documents .............. 2126–AB20 

345 ............................................................ +Inspection, Repair, and Maintenance; Driver-Vehicle Inspection Report (RRR) ...... 2126–AB46 

+ DOT-designated significant regulation. 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

identifier No. 

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

347 ............................................................ Self Reporting of Out-of-State Convictions (RRR) (Section 610 Review) ................. 2126–AB43 

+ DOT-designated significant regulation. 

FEDERAL RAILROAD ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

identifier No. 

348 ............................................................ +Critical Incident Stress Plan; ‘‘Critical Incident’’ Definition ........................................ 2130–AC00 

349 ............................................................ Risk Reduction Program (RRR) ................................................................................... 2130–AC11 

350 ............................................................ +Positive Train Control Systems: De Minimis Exception, Yard Movements, En 

Route Failures; Miscellaneous Grade Crossing/Signal and Train Control Amendments (RRR).

2130–AC32 

+ DOT-designated significant regulation. 


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FEDERAL RAILROAD ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

identifier No. 

351 ............................................................ Roadway Worker Protection; Miscellaneous Revisions .............................................. 2130–AB89 

352 ............................................................ +Training Standards for Railroad Employees (RRR) .................................................. 2130–AC06 

353 ............................................................ +Emergency Escape Breathing Apparatus (RRR) ...................................................... 2130–AC14 

354 ............................................................ Passenger Train Emergency Systems; Doors, Emergency Lighting, Emergency 

Signage and Markings for Egress and Access, and Low-Location Emergency Exit 

Path Marking; Miscellaneous Amendments.

2130–AC22 

355 ............................................................ Amendments Expanding the Drug Panel for FRA Post-Accident Toxicological Testing.2130–AC24 

356 ............................................................ Track Safety Standards: Improving Rail Integrity (RRR) ............................................. 2130–AC28 

357 ............................................................ Railroad System Safety Program ................................................................................ 2130–AC31 

358 ............................................................ Revisions to Passenger Train Emergency Preparedness Regulations ....................... 2130–AC33 

359 ............................................................ Roadway Worker Protection; Adjacent-Track On-Track Safety—Response to Petitions for Reconsideration.2130–AC37 

360 ............................................................ Telephonic Notification at Grade Crossings—Response to Petitions for Reconsideration.2130–AC38 

361 ............................................................ Locomotive Safety Standards Amendments—Response to Petitions for Reconsideration.2130–AC39 

+ DOT-designated significant regulation. 

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

identifier No. 

362 ............................................................ +Pipeline Safety: Safety of On-Shore Liquid Hazardous Pipelines ............................. 2137–AE66 

363 ............................................................ Pipeline Safety: Miscellaneous Amendments Related to Reauthorization and Petitions for Rulemaking (RRR).2137–AE94 

+ DOT-designated significant regulation. 

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

identifier No. 

364 ............................................................ +Hazardous Materials: Revisions to Requirements for the Transportation of Lithium 

Batteries.

2137–AE44 

365 ............................................................ Hazardous Materials: Miscellaneous Amendments (RRR) (Section 610 Review) .... 2137–AE78 

+ DOT-designated significant regulation. 

MARITIME ADMINISTRATION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

identifier No. 

366 ............................................................ +Regulations To Be Followed by All Departments, Agencies and Shippers Having 

Responsibility To Provide a Preference for U.S.-Flag Vessels in the Shipment of 

Cargoes on Ocean Vessels (RRR).

2133–AB74 

+ DOT-designated significant regulation. 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Office of the Secretary (OST) 

Proposed Rule Stage 

337. +Enhancing Airline Passenger 

Protections III 

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

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

Abstract: This rulemaking would 

address the following issues: (1) 

Whether the Department should require 

a marketing carrier to provide assistance 

to its code-share partner when a flight 

operated by the code-share partner 

experiences a lengthy tarmac delay; (2) 

whether the Department should 

enhance disclosure requirements on 

code-share operations, including 

requiring on-time performance data, 

reporting of certain data code-share 

operations, and codifying the statutory 

amendment of 49 U.S.C. 41712(c) 

regarding Web site schedule disclosure 

of code-share operations; (3) whether 

the Department should expand the ontime performance ‘‘reporting carrier’’ 

pool to include smaller carriers; (4) 

whether the Department should require 

travel agents to adopt minimum 

customer service standards in relation to 

the sale of air transportation; (5) 

whether the Department should require 

ticket agents to disclose the carriers 

whose tickets they sell or do not sell 

and information regarding any incentive 

payments they receive in connection 

with the sale of air transportation; (6) 

whether the Department should require 

ticket agents to disclose any preferential 

display of individual fares or carriers in 

the ticket agent’s Internet displays; (7) 

whether the Department should require 

additional or special disclosures 

regarding certain substantial fees, e.g., 


tkelley on DSK3SPTVN1PROD with 
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oversize or overweight baggage fees; (8) 

whether the Department should prohibit 

post-purchase price increase for all 

services and products not purchased 

with the ticket or whether it is sufficient 

to prohibit post-purchase prices 

increases for baggage charges that 

traditionally have been included in the 

ticket price; and (9) whether the 

Department should require that 

ancillary fees be displayed through all 

sale channels. 

Timetable: 

Action Date FR Cite 

Supplemental 

NPRM ............ 05/00/13 

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–AE11 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Office of the Secretary (OST) 

Final Rule Stage 

338. +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. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/03/11 76 FR 32107 

NPRM Comment 

Period End.

08/02/11 

Final Rule ............ 01/00/13 

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–AD87 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Aviation Administration (FAA) 

Proposed Rule Stage 

339. +Operation and Certification of 

Small Unmanned Aircraft Systems 

(SUAS) 

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

L. 112–95 

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 .................. 06/00/13 

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, Email: 

stephen.a.glowacki@faa.gov. 

RIN: 2120–AJ60 

340. +Flight Crewmember Mentoring, 

Leadership and Professional 

Development (HR 5900) 

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

Pub. L. 111–216, sec 206 

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 and respond to the mandate in 

Public Law 111–216. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/00/13 

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, Email: 

deke.abbott@faa.gov. 

RIN: 2120–AJ87 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Aviation Administration (FAA) 

Final Rule Stage 

341. +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; 49 U.S.C. 44717; 49 U.S.C. 

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

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

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 

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 

Comment Period 

Extended.

06/23/11 76 FR 36888 

Comment Period 

End.

07/19/11 

Comment Period 

End.

09/19/11 

Final Rule ............ 10/00/13 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Nancy L Claussen, 

Federal Aviation Administration, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Ave. SW., Washington, 


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DC 20591, Phone: 202–267–8166, Email: 

nancy.claussen@faa.gov. 

RIN: 2120–AJ00 

342. +Pilot Certification and 

Qualification Requirements (Formerly 

First Officer Qualification 

Requirements) (HR 5900) 

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

U.S.C. 35301 to 45302; 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(a)(5); 49 

U.S.C. 44701 to 44703; 49 U.S.C. 44705; 

49 U.S.C. 44707; 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. 45102 

to 45103; 49 U.S.C. 46105; 49 U.S.C. 

44717; Pub. L. 111–216 

Abstract: This rulemaking would 

amend the eligibility and qualification 

requirements for pilots engaged in part 

121 air carrier operations. Additionally, 

it would modify the requirements for an 

airline transport pilot certificate. These 

actions are necessary because recent 

airline accidents and incidents have 

brought considerable attention to the 

experience level and training of air 

carrier flight crews. This rulemaking is 

a result of requirements in Public Law 

111–216. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 02/08/10 75 FR 6164 

ANPRM Comment 

Period End.

04/09/10 

NPRM .................. 02/29/12 77 FR 12374 

NPRM Comment 

Period End.

04/30/12 

Final Rule ............ 05/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Barbara Adams, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Ave, SW., Washington, 

DC 20591, Phone: 202–267–8166, Email: 

barbara.adams@faa.gov. 

RIN: 2120–AJ67 

343. +Safety Management Systems for 

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

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

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

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

46105; Pub. L. 111–216, sec 215 

Abstract: This rulemaking would 

require each certificate holder operating 

under 14 CFR part 121 to develop and 

implement a safety management system 

(SMS) to improve the safety of its 

aviation related activities. A safety 

management system is a comprehensive, 

process-oriented approach to managing 

safety throughout an organization. An 

SMS includes an organization-wide 

safety policy; formal methods for 

identifying hazards, controlling, and 

continually assessing risk and safety 

performance; and promotion of a safety 

culture. SMS stresses not only 

compliance with technical standards 

but increased emphasis on the overall 

safety performance of the 

organization.This rulemaking is 

required under Public Law 111–216, 

section 215. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period Extended.

01/31/11 76 FR 5296 

NPRM Comment 

Period End.

02/03/11 

NPRM Comment 

Period Extended End.

03/07/11 

Final Rule ............ 04/00/13 

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, Email: 

scott.vanburen@faa.gov. 

RIN: 2120–AJ86 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Motor Carrier Safety 

Administration (FMCSA) 

Proposed Rule Stage 

344. +Electronic Logging Devices 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 would 

establish: (1) Minimum performance 

standards for electronic logging devices 

(ELDs); (2) requirements for the 

mandatory use of the devices by drivers 

required to prepare handwritten records 

of duty status (RODS); (3) requirements 

concerning HOS supporting documents; 

and (4) measures to ensure that the 

mandatory use of ELDs will not result 

in harassment of drivers by motor 

carriers and enforcement officials. This 

rulemaking would supplement the 

Agency’s February 1, 2011, Notice of 

Proposed Rulemaking (NPRM) and 

address issues raised by the U.S. Court 

of Appeals for the Seventh Circuit Court 

in its 2011 decision vacating the 

Agency’s April 5, 2010, final rule 

concerning ELDs. This action would 

improve compliance with the hours-ofservice (HOS) rules and thereby 

decrease the risk of fatigue-related 

crashes attributable to non-compliance 

with the applicable HOS requirements. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

02/28/11 

Comment Period 

Extended.

03/10/11 76 FR 13121 

Extended Comment Period 

End.

05/23/11 

Supplemental 

NPRM.

07/00/13 

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, Email: 

deborah.freund@dot.gov. 

RIN: 2126–AB20 

345. +Inspection, Repair, and 

Maintenance; Driver-Vehicle Inspection 

Report (RRR) 

Legal Authority: 49 U.S.C. 31136; 49 

U.S.C. 31502 

Abstract: This rulemaking would 

rescind the requirement that 

commercial motor vehicle (CMV) 

drivers operating in interstate commerce 

submit, and motor carriers retain, 

driver-vehicle inspection reports when 

the driver has neither found nor been 

made aware of any vehicle defects or 

deficiencies. Specifically, this 

rulemaking would remove a significant 

information collection burden without 

adversely impacting safety. This 

rulemaking would remove a significant 

information collection burden without 

adversely impacting safety. The value of 

the time saved by eliminating the 

paperwork burden associated with the 

filing of no-defect DVIRs is more than 1 

billion dollars per year. This rulemaking 

responds in part to the President’s 

January 2012 Regulatory Review and 

Reform initiative. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 


tkelley on DSK3SPTVN1PROD with 
Federal Register / Vol. 78, No. 10 / Tuesday, January 15, 2013 / Unified Agenda 3305 

Agency Contact: Sean Gallagher, MC– 

PRR, Department of Transportation, 

Federal Motor Carrier Safety 

Administration, 1200 New Jersey Ave. 

SE., Washington, DC 20590, Phone: 202 

366–3740, Email: 

sean.gallagher@dot.gov. 

RIN: 2126–AB46 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Motor Carrier Safety 

Administration (FMCSA) 

Final Rule Stage 

346. +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 rule would establish a 

new Unified Registration System (URS) 

to replace three legacy systems in 

support of FMCSA ́s safety and 

commercial oversight responsibilities. It 

would require all entities subject to 

FMCSA jurisdiction to comply with a 

new URS registration and biennial 

update requirement, disclose the 

cumulative registration information 

collected by URS and provides a crossreference to all regulatory requirements 

necessary to obtain permanent 

registration. It implements statutory 

provisions in the ICC Termination Act 

and SAFTEA–LU. URS 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 has 

determined the total net societal 

benefits of the rule to be $19.5 million 

and the total societal costs to be $26.5 

million. 

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.

10/26/11 76 FR 66506 

Comment Period 

End.

12/27/11 

Final Rule ............ 04/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Valerie Height, 

Management Analyst, Department of 

Transportation, Federal Motor Carrier 

Safety Administration, Office of Policy 

(MC–PRR), 1200 New Jersey Avenue 

SE., Washington, DC 20590, Phone: 

202–366–0901, Email: 

valerie.height@dot.gov. 

RIN: 2126–AA22 

347. Self Reporting of Out-of-State 

Convictions (RRR) (Section 610 Review) 

Legal Authority: Commercial Motor 

Vehicle Safety Act of 1986 

Abstract: This rulemaking would 

clarify the requirement for holders of 

commercial drivers licenses (CDL) 

convicted of violating traffic laws in a 

State other than the State that issued 

their CDL, to notify the State of issuance 

about those violations under part 383.31 

of FMCSA’s Commercial Drivers 

License Standards; and clarify the 

requirement for the licensing agency 

from the jurisdiction in which the 

conviction takes place to notify the State 

licensing Agency that issued the CDL 

under part 384.209 State Compliance 

with Commercial Drivers License 

Program. This rulemaking would also 

ensure that notifications required in 

sections 383.31 and 384.209 take place 

within 30 days of the conviction. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/02/12 77 FR 46010 

NPRM Comment 

Period End.

10/01/12 

Final Rule ............ 06/00/13 

Regulatory Flexibility Analysis 

Required: No. 

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, Email: 

robert.redmond@dot.gov. 

RIN: 2126–AB43 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Railroad Administration (FRA) 

Proposed Rule Stage 

348. +Critical Incident Stress Plan; 

‘‘Critical Incident’’ Definition 

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

A, 122 Stat 4848 et seq.; Rail Safety 

Improvement Act of 2008 sec 410(c) 

Abstract: This rulemaking would seek 

to define the term ‘‘critical incident.’’ 

This rulemaking would also seek to 

define program elements appropriate for 

the rail environment for certain 

railroad ́s critical incident response 

programs, so that appropriate action is 

taken when a railroad employee is 

involved in or directly witnesses a 

critical incident. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/00/13 

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, Email: 

kathryn.shelton@fra.dot.gov. 

RIN: 2130–AC00 

349. Risk Reduction Program (RRR) 

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 

require each Class I railroad and each 

railroad with inadequate safety 

performance to develop and implement 

a Risk Reduction Program (RRP) to 

improve the safety of their operations. 

Each RRP would be required to include 

a risk analysis, a technology 

implementation plan, and a fatigue 

management plan. Railroads would be 

required to conduct annual internal 

assessments of their RRPs, which could 

also be externally audited by FRA. 

Timetable: 

Action Date FR Cite 

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

ANPRM Comment 

Period End.

02/07/11 

NPRM .................. 05/00/13 

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, Email: 

kathryn.shelton@fra.dot.gov. 

RIN: 2130–AC11 

350. +Positive Train Control Systems: 

De Minimis Exception, Yard 

Movements, En Route Failures; 

Miscellaneous Grade Crossing/Signal 

and Train Control Amendments (RRR) 

Legal Authority: 49 U.S.C. 20102 to 

20103; 28 U.S.C. 2461, note; 49 CFR 

1.49; 49 U.S.C. 20107; 49 U.S.C. 20133; 

49 U.S.C. 20141; 49 U.S.C. 20157; 49 

U.S.C. 20301 to 20303; 49 U.S.C. 20306; 

49 U.S.C. 21301 to 21302; 49 U.S.C. 

21304 


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3306 Federal Register / Vol. 78, No. 10 / Tuesday, January 15, 2013 / Unified Agenda 

Abstract: This rulemaking would 

revise Positive Train Control regulations 

by defining the de minimis exception 

and en route failures, proposing 

exceptions relating to yard movements 

that may not be considered on the main 

line system, and amending regulations 

governing grade crossing and signal and 

train control systems. The rulemaking is 

in response to a petition for rulemaking 

from the Association of American 

Railroads. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/11/12 77 FR 73589 

NPRM Comment 

Period End.

02/11/13 

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, Email: 

kathryn.shelton@fra.dot.gov. 

RIN: 2130–AC32 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Railroad Administration (FRA) 

Final Rule Stage 

351. Roadway Worker Protection; 

Miscellaneous Revisions 

Legal Authority: 28 U.S.C. 2461; 49 

CFR 1.49; 49 U.S.C. 20103; 49 U.S.C. 

20107; 49 U.S.C. 21301; 49 U.S.C. 21304 

Abstract: This rulemaking would 

revise FRA’s Roadway Worker 

Protection regulations in 49 CFR, Part 

214, to further advance the on-track 

safety of railroad employees and 

contractors engaged in maintenance-ofway activities throughout the general 

railroad system of transportation, 

including clarification of existing 

regulations. In doing so, FRA will 

review existing technical bulletins and 

a safety advisory dealing with on-track 

safety to consider implications, and as 

appropriate, consider enhancements to 

the existing regulations. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/20/12 77 FR 50324 

NPRM Comment 

Period End.

10/19/12 

Final Rule ............ 10/00/13 

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, Email: 

kathryn.shelton@fra.dot.gov. 

RIN: 2130–AB89 

352. +Training Standards for Railroad 

Employees (RRR) 

Legal Authority: Pub. L. 110 thru 432, 

Div A, 122 Stat 4848 et seq.; Railroad 

Safety Improvement Act of 2008; sec 

401 (49 U.S.C. 20162) 

Abstract: This rulemaking would (1) 

Establish minimum training standards 

for each class or craft of safety-related 

employee and equivalent railroad 

contractor and subcontractor employee 

that require railroads, contractors, and 

subcontractors to qualify or otherwise 

document the proficiency of such 

employees in each such class and craft 

regarding their knowledge and ability to 

comply with Federal railroad safety 

laws and regulations and railroad rules 

and procedures intended to implement 

those laws and regulations, etc.; (2) 

require submission of railroads’, 

contractors’, and subcontractors’ 

training and qualification programs for 

FRA approval; and (3) establish a 

minimum training curriculum and 

ongoing training criteria, testing, and 

skills evaluation measures for track and 

equipment inspectors employed by 

railroads and railroad contractor and 

subcontractors. It is anticipated that 

crane operator provisions contained in 

this rulemaking will further the 

objectives of EO 13563. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/07/12 77 FR 6412 

NPRM Comment 

Period End.

04/09/12 

Final Rule ............ 05/00/13 

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, Email: 

kathryn.shelton@fra.dot.gov. 

RIN: 2130–AC06 

353. +Emergency Escape Breathing 

Apparatus (RRR) 

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

A, 122 Stat 4848 et seq.; Rail Safety 

Improvement Act of 2008; sec 413 49 

U.S.C. 20166 

Abstract: This rulemaking would 

prescribe regulations that require 

railroads to provide specified 

emergency escape breathing apparatus 

for all crew members in locomotive cabs 

on freight trains carrying poisoninhalation-hazard hazardous material 

and provide training in its use. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/05/10 75 FR 61386 

NPRM Comment 

Period End.

12/06/10 

Final Rule ............ 07/00/13 

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, Email: 

kathryn.shelton@fra.dot.gov. 

RIN: 2130–AC14 

354. Passenger Train Emergency 

Systems; Doors, Emergency Lighting, 

Emergency Signage and Markings for 

Egress and Access, and Low-Location 

Emergency Exit Path Marking; 

Miscellaneous Amendments 

Legal Authority: 28 U.S.C. 241, note; 

49 CFR 1.49; 49 U.S.C. 20103, 20107, 

20133, 20141, 20302 to 20303, 20306, 

20701 to 20702; 49 U.S.C. 21301 to 

21302, 21304 

Abstract: This rulemaking would 

amend the passenger equipment safety 

standards to enhance standards for 

passenger train emergency systems and 

would clarify the passenger train 

emergency preparedness standards. 

Specifically, FRA would incorporate by 

reference three APTA emergency system 

standards: ‘‘Standard for Emergency 

Lighting System Design for Passenger 

Cars,’’ ‘‘Standard for Emergency Signage 

for Egress/Access of Passenger Rail 

Equipment,’’ and ‘‘Standard for LowLocation Exit Path Marking.’’ 

Miscellaneous amendments to FRA’s 

existing regulations would include: (1) 

Clarifying that new passenger cars must 

have at least two exterior side doors, 

one on each side; (2) requiring 

removable panels/windows in vestibule 

doors for new passenger cars; (3) 

consolidating various door requirements 

into one section for easier reference; and 

(4) revising part 239 to explicitly 

address train crew participation in 

debrief and critique sessions. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/03/12 77 FR 154 

NPRM Comment 

Period End.

03/05/12 


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Action Date FR Cite 

Final Rule ............ 02/00/13 

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, Email: 

kathryn.shelton@fra.dot.gov. 

RIN: 2130–AC22 

355. Amendments Expanding the Drug 

Panel for FRA Post-Accident 

Toxicological Testing 

Legal Authority: 28 U.S.C. 2461, note; 

49 CFR 1.49(m); 49 U.S.C. 20103; 49 

U.S.C. 20107; 49 U.S.C. 20140; 49 U.S.C. 

21301; 49 U.S.C. 21304 

Abstract: This rulemaking would 

expand the drug testing panel for FRA’s 

post-accident toxicological testing 

(PATT) program, which investigates the 

role of alcohol and drug use in serious 

train accidents. This rulemaking would 

also amend the requirements regarding 

the analysis of PATT results in 49 CFR 

SS 219.211 to reflect that some of the 

drugs in the expanded panel are 

prescription and over-the-counter drugs 

that are not controlled substances. FRA 

has tested for the same basic panel of 

drugs since the beginning of PATT in 

1985. Currently, FRA tests blood and 

urine specimens for eight drug 

classifications: alcohol, marijuana, 

cocaine, the opiates, the amphetamines, 

phencyclidine (PCP), the barbiturates, 

and the benzodiazepines. FRA would 

expand the PATT panel to include 

synthetic opiates, sedating 

antihistamines, MDMA and one of its 

analogues, and additional 

benzodiazepines. This rulemaking does 

not make any substantive changes to the 

prohibitions on the abuse of controlled 

substances and prescription drugs found 

in 49 CFR SS 219.102 and 219.103. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/17/12 77 FR 29307 

NPRM Comment 

Period End.

07/16/12 

Final Rule ............ 01/00/13 

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, Email: 

kathryn.shelton@fra.dot.gov. 

RIN: 2130–AC24 

356. Track Safety Standards: Improving 

Rail Integrity (RRR) 

Legal Authority: 28 U.S.C. 2461, note; 

49 CFR 1.49; 49 U.S.C. 20102 to 20114; 

49 U.S.C. 20142; sec 403, Div A; Pub. L. 

110–432, 122 Stat 4885 

Abstract: This rulemaking would 

prescribe specific requirements for 

effective rail inspection frequencies, rail 

flaw remedial actions, minimum 

operator qualifications, and 

requirements for rail inspection records. 

In addition, it would remove the 

regulatory requirements concerning 

joint bar fracture reporting. Section 

403(c) of the Rail Safety Improvement 

Act of 2008 mandates that FRA 

promulgate regulations addressing rail 

flaw detection inspections. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/19/12 77 FR 64249 

NPRM Comment 

Period End.

12/18/12 

Final Rule ............ 09/00/13 

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, Email: 

kathryn.shelton@fra.dot.gov. 

RIN: 2130–AC28 

357. Railroad System Safety Program 

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

U.S.C. 20107; 49 U.S.C. 20133; 49 U.S.C. 

21301 to 21302; 49 U.S.C. 21304; 49 

U.S.C. 21311; 28 U.S.C. 2461, note; 49 

CFR 1.49 

Abstract: This rulemaking would 

improve passenger railroad safety 

through structured, proactive processes 

and procedures developed by passenger 

railroad operators. It would require 

passenger railroads to establish a 

System Safety Program that would 

systematically evaluate and manage 

risks in order to reduce the number and 

rates of railroad accidents, incidents, 

injuries and fatalities. This rulemaking 

was bifurcated from 2130–AC11. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/07/12 77 FR 55372 

NPRM Comment 

Period End.

11/06/12 

Final Rule ............ 07/00/13 

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, Email: 

kathryn.shelton@fra.dot.gov. 

RIN: 2130–AC31 

358. Revisions to Passenger Train 

Emergency Preparedness Regulations 

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

U.S.C. 20107; 49 U.S.C. 20133; 49 U.S.C. 

20141; 49 U.S.C. 20302 to 20303; 49 

U.S.C. 20306; 49 U.S.C. 20701 to 20702; 

49 U.S.C. 21301 to 21302; 49 U.S.C. 

21304; 28 U.S.C. 2461, note; 49 CFR 

1.49 

Abstract: The rulemaking would 

propose a series of unrelated revisions 

to 49 CFR part 239. These proposed 

revisions would: (1) Create a definition 

for emergency response communication 

centers to ensure that railroad personnel 

who coordinate first responders receive 

control center employee training 

provided by part 239; (2) require 

railroads develop procedures to promote 

the safe evacuation of disabled 

passengers; (3) make the FRA 

emergency preparedness plan approval 

process more efficient; and (4) create 

new testing and inspection 

requirements for railroads covered by 

part 239. These revisions are based on 

a recommendation made to FRA by the 

Railroad Safety Advisory Committee. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/27/12 77 FR 38248 

NPRM Comment 

Period End.

08/27/12 

Final Rule ............ 05/00/13 

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, Email: 

kathryn.shelton@fra.dot.gov. 

RIN: 2130–AC33 

359. Roadway Worker Protection; 

Adjacent-Track On-Track Safety— 

Response to Petitions for 

Reconsideration 

Legal Authority: 49 U.S.C. 20103 

Abstract: This rulemaking would 

respond to petitions for reconsideration 

of the final rule published on November 

30, 2011. FRA received two petitions for 

reconsideration of the final rule from 

railroad industry organizations. The first 

petition raised concern with the final 

rule’s cost-benefit analysis and 

requested several amendments to the 

final rule to lessen the potential costs. 


tkelley on DSK3SPTVN1PROD with 
3308 Federal Register / Vol. 78, No. 10 / Tuesday, January 15, 2013 / Unified Agenda 

The second petition discussed the final 

rule’s potential impact on passenger 

train service/resultant costs and 

requested an amendment to the final 

rule to allow passenger trains to travel 

at higher speeds when passing 

maintenance of way work zones 

implicated by the rulemaking. This 

Final Rule will make amendments to the 

original Adjacent-Track On-Track Safety 

Final Rule. 

Timetable: 

Action Date FR Cite 

Final Rule ............ 01/00/13 

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, Email: 

kathryn.shelton@fra.dot.gov. 

RIN: 2130–AC37 

360. • Telephonic Notification at Grade 

Crossings—Response to Petitions for 

Reconsideration 

Legal Authority: 28 U.S.C. 2461, note; 

49 CFR 1.49; 49 U.S.C. 20103; 49 U.S.C. 

20107; 49 U.S.C. 20152; 49 U.S.C. 

21301; 49 U.S.C. 21304; 49 U.S.C. 

21311; 49 U.S.C. 22501, note; Pub. L. 

110–432, Div, sec 202, 205 

Abstract: The rulemaking would 

respond to petitions for reconsideration 

of the final rule published June 12, 

2012. This final rule will make 

amendments to the original Systems for 

Telephonic Notification of Unsafe 

Conditions at Highway-Rail and 

Pathway Grade Crossings Final Rule. 

Amendments will be made to certain 

compliance dates, signage, and thirdparty telephone service requirements. 

Timetable: 

Action Date FR Cite 

Final Rule ............ 01/00/13 

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, Email: 

kathryn.shelton@fra.dot.gov. 

RIN: 2130–AC38 

361. • Locomotive Safety Standards 

Amendments—Response to Petitions for 

Reconsideration 

Legal Authority: 49 U.S.C. 20701 

Abstract: This rulemaking would 

amend and clarify certain sections of the 

Locomotive Safety Standards final rule 

that was issued on April 9, 2012. In 

response to eight petitions for 

reconsideration of the final rule, this 

rulemaking would amend and clarify 

the requirements related to remote 

control locomotives (RCL), locomotive 

alerters, and locomotive electronics. 

This rulemaking would also clarify how 

to properly record the air flow method 

calibration date and the duration of the 

audio indication for RCL. 

Timetable: 

Action Date FR Cite 

Final Rule ............ 01/00/13 

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, Email: 

kathryn.shelton@fra.dot.gov. 

RIN: 2130–AC39 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Pipeline and Hazardous Materials 

Safety Administration (PHMSA) 

Proposed Rule Stage 

362. +Pipeline Safety: Safety of OnShore Liquid Hazardous Pipelines 

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

seq. 

Abstract: This rulemaking would 

establish effective procedures that 

hazardous liquid operators can use to 

improve the protection of High 

Consequence Areas (HCA) and other 

vulnerable areas along their hazardous 

liquid onshore pipelines. PHMSA is 

considering whether changes are needed 

to the existing regulations covering 

hazardous liquid onshore pipelines, 

whether other areas should be included 

as HCAs for integrity management (IM) 

protections, what the repair timeframes 

should be for areas outside the HCAs 

that are assessed as part of the IM 

program, whether leak detection 

standards are necessary, valve spacing 

requirements are needed on new 

construction or existing pipelines, and 

PHMSA should extend regulation to 

certain pipelines currently exempt from 

regulation. The agency would also 

address the public safety and 

environmental aspects any new 

requirements, as well as the cost 

implications and regulatory burden. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 10/18/10 75 FR 63774 

ANPRM Comment 

Period End.

01/18/11 

ANPRM Comment 

Period Extended.

01/04/11 76 FR 303 

ANPRM Extended 

Comment Period End.

02/18/11 

NPRM .................. 04/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: John A Gale, 

Transportation Regulations Specialist, 

Department of Transportation, Pipeline 

and Hazardous Materials Safety 

Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

Phone: 202–366–0434, Email: 

john.gale@dot.gov. 

RIN: 2137–AE66 

363. • Pipeline Safety: Miscellaneous 

Amendments Related to 

Reauthorization and Petitions for 

Rulemaking (RRR) 

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

seq. 

Abstract: This rulemaking will 

address miscellaneous issues that have 

been raised because of the 

reauthorization of the pipeline safety 

program in 2012 and petitions for 

rulemaking from many affected 

stakeholders. Some of the issues that 

this rulemaking would address include, 

renewal process for special permits, cost 

recovery for design reviews and 

incident reporting. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: John A Gale, 

Transportation Regulations Specialist, 

Department of Transportation, Pipeline 

and Hazardous Materials Safety 

Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

Phone: 202–366–0434, Email: 

john.gale@dot.gov. 

RIN: 2137–AE94 


tkelley on DSK3SPTVN1PROD with 
Federal Register / Vol. 78, No. 10 / Tuesday, January 15, 2013 / Unified Agenda 3309 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Pipeline and Hazardous Materials 

Safety Administration (PHMSA) 

Final Rule Stage 

364. +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 

would respond 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 ............ 01/00/13 

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, Email: 

kevin.leary@dot.gov. 

RIN: 2137–AE44 

365. Hazardous Materials: 

Miscellaneous Amendments (RRR) 

(Section 610 Review) 

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

Abstract: This rulemaking would 

update and clarify existing requirements 

by incorporating changes into the 

Hazardous Materials Regulations (HMR) 

based on PHMSA’s own initiatives 

through an extensive review of the HMR 

and previously issued letters of 

interpretation. Specifically, among other 

provisions, PHMSA would provide for 

the continued use of approvals until 

final administrative action is taken, 

when a correct and completed 

application for approval renewal was 

received 60 days prior to expiration 

date; update various entries in the 

hazardous materials table and the 

corresponding special provisions; 

clarify the lab pack requirements for 

temperature controlled materials; 

correct an error in the HMR with regard 

to the inspection of cargo tank motor 

vehicles containing corrosive materials; 

and revise the training requirements to 

require that hazardous materials 

employers ensure their hazardous 

materials employee training records are 

available upon request to an authorized 

official of the Department of 

Transportation or the Department of 

Homeland Security. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/26/12 77 FR 24885 

NPRM Comment 

Period End.

06/25/12 

Final Rule ............ 01/00/13 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Robert Benedict, 

Transportation Regulations Specialist, 

Department of Transportation, Pipeline 

and Hazardous Materials Safety 

Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

Phone: 202–366–8553, Email: 

robert.benedict@dot.gov. 

RIN: 2137–AE78 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Maritime Administration (MARAD) 

Long-Term Actions 

366. +Regulations To Be Followed by 

All Departments, Agencies and 

Shippers Having Responsibility To 

Provide a Preference for U.S.-Flag 

Vessels in the Shipment of Cargoes on 

Ocean Vessels (RRR) 

Legal Authority: 49 CFR 1.66; 46 app 

U.S.C. 1101; 46 app U.S.C. 1241; 46 

U.S.C. 2302(e)(1); Pub. L. 91–469 

Abstract: This rulemaking would 

revise and clarify the Cargo Preference 

rules that have not been revised 

substantially since 1971. Revisions 

would include an updated purpose and 

definitions section along with the 

removal of obsolete provisions. This 

rulemaking also would establish a new 

Part 383 to implement the Cargo 

Preference regulations. This rulemaking 

would cover Public Law 110–417, 

section 3511, National Defense 

Authorization Act for FY2009 changes 

to the cargo preference rules. The 

rulemaking also would include 

compromise, assessment, mitigation, 

settlement, and collection of civil 

penalties. Originally the agency had two 

separate rulemakings in process under 

RIN 2133–AB74 and 2133–AB75. RIN 

2133–AB74 would have revised existing 

regulations and RIN 2133–AB75 would 

have established a new part 383: 

Guidance and Civil Penalties and 

implement Public Law 110–417, section 

3511, National Defense Authorization 

Act for FY 2009. MARAD has decided 

it would be more efficient to merge both 

efforts under one; RIN 2133–AB75 has 

been merged with this action. 

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, Email: 

christine.gurland@dot.gov. 

RIN: 2133–AB74 

[FR Doc. 2013–00597 Filed 1–14–13; 8:45 am] 

BILLING CODE 4910–81–P 


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