Report on DOT Significant Rulemakings

Table of Contents

Federal Aviation Administration

1. Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers

2. Supercooled Large Droplet Icing Conditions

3. Airport Safety Management System

4. Photo Requirements for Pilot Certificates

5. Air Ambulance and Commercial Helicopter Operations; Safety Initiatives and Miscellaneous Amendments

6. Operation and Certification of Small Unmanned Aircraft Systems (sUAS)

7. Pilot Certification and Qualification Requirements (formerly First Officer Qualification Requirements) (HR

5900)

8. Prohibition Against Certain Flights Within the Territory and Airspace of Afghanistan

9. Requirement for Wildlife Assessments at Certificated Airports

10. Regulation Of Flight Operations Conducted By Alaska Guide Pilots

11. Air Carrier Maintenance Training Program

12. Installed Systems And Equipment for Use by the Flight Crew

13. Safety Management Systems for Part 121 Certificate Holders

14. Flight Crewmember Mentoring, Leadership and Professional Development (HR 5900)

15. Slot Management and Transparency for LaGuardia Airport, John F. Kennedy International Airport, and

Newark Liberty International Airport

16. Part 121 Exiting Icing

17. Requirements for Chemical Oxygen Generators Installed on Transport Category Airplanes (Chemical Oxygen

Standards)

Federal Highway Administration

18. National Tunnel Inspection Standards

19. Pavement Markings

20. Value Engineering

21. National Standards for Traffic Control Devices; the Manual on Uniform Traffic Control Devices for Streets

and Highways; Engineering Judgments (RRR)

22. National Standards for Traffic Control Devices; the Manual on Uniform Traffic Control Devices for Streets

and Highways; Compliance Dates Revision (RRR)

Federal Motor Carrier Safety Administration

23. Unified Registration System

24. Application by Certain Mexico-Domiciled Motor Carriers to Operate Beyond U.S. Municipalities and

Commercial Zones on the U.S.-Mexico Border

25. Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor Carriers Operating in the

United States

26. Certification of Safety Auditors, Safety Investigators, and Safety Inspectors

27. Limitations on the Issuance of Commercial Driver Licenses with a Hazardous Materials Endorsement

28. Qualifications of Drivers; Diabetes Standard

29. National Registry of Certified Medical Examiners

30. Consumer Complaint Information

31. Minimum Training Requirements for Entry Level Commercial Motor Vehicle Operations

32. Carrier Safety Fitness Determination

33. New Entrant Safety Assurance Process: Implementation of Section 210(b) of the Motor Carrier Safety

Improvement Act of 1999
34. Commercial Driver's License Drug and Alcohol Clearinghouse

35. Electronic On-Board Recorders and Hours of Service Supporting Documents

36. Inspection, Repair, and Maintenance; Driver-Vehicle Inspection Report for Intermodal Equipment (RRR)

37. Medical Examiner's Certification Integration

38. Patterns of Safety Violations by Motor Carrier Management

39. Lease and Interchange of Vehicles; Commercial Motor Vehicles Designed to Transport Passengers

Federal Railroad Administration

40. Critical Incident Stress Plan; "Critical Incident" Definition

41. Training Standards for Railroad Employees (RRR)

42. Vehicle/Track Interaction Safety Standards; High-Speed and High Cant Deficiency Operations (RRR)

43. Alcohol and Controlled Substance Testing for Maintenance-of-Way Employees

44. Risk Reduction Program (RRR)

45. Emergency Escape Breathing Apparatus (RRR)

46. High-Speed Rail Corridor Development and Capital Investment Grants to Support Intercity Passenger Rail

Service

47. High-Speed Intercity Passenger Rail (HSIPR) Program; Buy America Program Requirements

48. Positive Train Control Systems Amendments (RRR)

49. Railroad System Safety Program

50. Positive Train Control Systems: De Minimis Exception, Yard Movements, En Route Failures; Miscellaneous

Grade Crossing/Signal and Train Control Amendments (RRR)

Federal Transit Administration

51. Capital Project Management

52. Bus Testing: Updating Testing Procedures

53. Major Capital Investment Projects (RRR)

54. Environmental Impact and Related Procedures (RRR)

Maritime Administration

55. 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)

National Highway Traffic Safety Administration

56. Federal Motor Vehicle Safety Standard No. 111, Rearview Mirrors (RRR)

57. Require Installation of Seat Belts on Motorcoaches, FMVSS No. 208

58. Alternative Fuel Vehicle Badging and Fuel Compartment Labels on Alternative Fuel Usage

59. Tire Fuel Efficiency Consumer Information - Part 2

60. Passenger Car and Light Truck Corporate Average Fuel Economy Standards MYs 2017 and Beyond (RRR)

61. Mandatory Part 563 Event Data Recorder Requirements (RRR)

62. Upgrade of Event Data Recorder Requirements

63. Heavy Vehicle Speed Limiters

64. Sound for Hybrid and Electric Vehicles

65. Motorcoach Rollover Structural Integrity

66. Electronic Stability Control Systems for Heavy Vehicles

67. FMVSS No. 218 and Enforcement Policy Concerning Novelty Helmets

68. Part 571 FMVSS No. 205, Glazing Materials, GTR (RRR)

Office of the Secretary

69. Protection of Sensitive Security Information

70. Prioritization and Allocation Authority Exercised By the Secretary of Transportation Under the Defense

Production Act
Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers Red

Federal Aviation Administration

Federal Aviation Administration

1.

Popular Title: Part 121, Subparts N and O

RIN 2120-AJ00

Stage: SNPRM

Previous Stage: NPRM: Publication Date 01/12/2009;End of Comment Period

05/12/2009;Extension of Comment Period 04/20/2009;End of Extended of Comment

Period 08/10/2009.

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.

Effects:

71. Use of the Seat-Strapping Method for Carrying a Wheelchair on an Aircraft

72. Stowage of Wheelchairs, other Mobility Aids and other Assistive Devices

73. Accessibility of Airports

74. Accessibility of Carrier Websites and Ticket Kiosks

75. Smoking of Electronic Cigarettes On Commercial Aircraft

76. Enhancing Airline Passenger Protections III

77. Carrier-Supplied Medical Oxygen, Accessible In-Flight Entertainment Systems, Service Animals, and

Accessible Lavatories on Single-Aisle Aircraft

78. Transportation for Individuals with Disabilities: Reasonable Modification

Pipeline and Hazardous Materials Safety Administration

79. Hazardous Materials; Combination Packages Containing Liquids Intended for Transport by Aircraft

80. Hazardous Materials: Bulk Loading and Unloading Operations

81. Pipeline Safety: Enforcement of State Excavation Damage Laws

82. Hazardous Materials: Revisions to Requirements for the Transportation of Lithium Batteries

83. Hazardous Materials: Combustible Liquids

84. Hazardous Materials: Safety Requirements for External Product Piping on Cargo Tanks Transporting

Flammable Liquids (Wetlines)

85. Pipeline Safety: Safety of On-Shore Liquid Hazardous Pipelines

86. Hazardous Materials: Revision of Requirements for Fireworks Approvals

87. Pipeline Safety: Excess Flow Valves In Applications Other Than Single-Family Residences in Gas

Distribution Systems

88. Pipeline Safety: Gas Transmission

89. Hazardous Materials: Miscellaneous Amendments (RRR)

90. Hazardous Materials: Reverse Logistics (RRR)

91. Hazardous Materials: Incorporation of Certain Special Permits and Competent Authorities into the HMR

(RRR)

Research and Innovative Technology Administration

92. Reporting Ancillary Airline Passenger Revenues
Information Collection

Prompting action: None

Legal Deadline: Final rule : 01/19/2013

Rulemaking Project Initiated: 03/12/1999

Docket Number: FAA-2008-0677

Dates for SNPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 02/26/2010 05/27/2010 05/27/2010

Returned to Mode 06/18/2010

Resubmitted to OST 08/27/2010 08/19/2010

Returned to Mode/2 09/29/2010

Resubmitted to OST/2 10/08/2010 10/08/2010

To OMB 03/12/2010 11/16/2010 11/29/2010

OMB Clearance 04/09/2010 04/01/2011 04/21/2011

Publication Date 04/20/2010 05/20/2011 05/20/2011

End of Comment Period 06/21/2010 07/19/2011 07/19/2011

Extension of Comment Period 06/23/2011

End of Extended Comment Period 09/19/2011

Explanation for any delay: Additional coordination necessary

Federal Register Citation for SNPRM: 76FR29336

Supercooled Large Droplet Icing Conditions Red

Federal Aviation Administration

2.

Popular Title: Supercooled Large Droplet Icing Conditions

RIN 2120-AJ34

Stage: Final Rule

Previous Stage: NPRM: Publication Date 6/29/2010; End of Comment Period 08/30/2010;

Publication of Extended Comment Period 08/16/2010; End of Extended Comment Period

9/29/2010.

Abstract: This rulemaking would amend the airworthiness standards applicable to certain

transport category airplanes certificated for flight in icing conditions and the icing

airworthiness standards applicable to certain aircraft engines. The rulemaking would

improve safety by addressing supercooled large drop icing conditions for transport category

airplanes most affected by supercooled large drop icing conditions, mixed phase and ice

crystal conditions for all transport category airplanes, and supercooled large drop, mixed

phase, and ice crystal icing conditions for all turbine engines. This rulemaking is the result

of information gathered from a review of icing accidents and incidents.

Effects:

EU

NAFTA

Foreign

Prompting action: None

Legal Deadline: Final Rule : 11/29/2012

Rulemaking Project Initiated: 02/04/2008
Docket Number: FAA-2010-0636

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 09/20/2011 10/02/2012

To OMB 10/21/2011 11/02/2012

OMB Clearance 01/20/2012 02/01/2013

Publication Date 02/06/2012 02/19/2013

Explanation for any delay: Other, higher priorities

Federal Register Citation for Final Rule: None

Airport Safety Management System Red

Federal Aviation Administration

3.

Popular Title: Airport SMS

RIN 2120-AJ38

Stage: Final Rule

Previous Stage: NPRM: Publication Date 10/07/2010;End of Comment Period

01/05/2011;Extension of Comment Period 12/10/2010; End of Extended of Comment

Period 03/07/2011; Extension of Comment Period 03/07/2011; End of Extended of

Comment Period 07/05/2011.

Abstract: This rulemaking would require airport operators to institute a safety management

system at their airports. This action is necessary to improve safety through conformance

with best practices in risk management and promote international harmonization with ICAO

standards. The rule is intended to facilitate integration of formal risk management processes

within the airportÂ ́s day-to-day operations.

Effects:

Information Collection

Peer Review

Prompting action: None

Legal Deadline: Final rule : 11/05/2012

Rulemaking Project Initiated: 07/22/2008

Docket Number: FAA-2010-0997

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 12/13/2012

To OMB 01/14/2013

OMB Clearance 04/15/2013

Publication Date 04/29/2013

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Photo Requirements for Pilot Certificates Red

Federal Aviation Administration

4.
Popular Title: Photo Requirements

RIN 2120-AJ42

Stage: Final Rule

Previous Stage: NPRM: Publication Date 11/19/2010; End of Comment Period 02/17/2011

Abstract: This rulemaking would require digital photos on all pilot certificates. This action

is necessary to update regulations about pilot plastic certificates. The intended effect of this

action is to meet all requirements of the Intelligence Reform and Terrorism Prevention Act.

Effects:

None

Prompting action: Statute

Legal Deadline: None

Rulemaking Project Initiated: 09/30/2008

Docket Number: FAA-2010-1127

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 01/11/2012 02/01/2013

To OMB 02/13/2012 03/01/2013

OMB Clearance 05/14/2012 05/31/2013

Publication Date 05/29/2012 06/13/2013

Explanation for any delay: Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None

Air Ambulance and Commercial Helicopter Operations; Safety Initiatives

and Miscellaneous Amendments

Red

Federal Aviation Administration

5.

Popular Title: Helicopter Safety Initiatives and Misc Amendments

RIN 2120-AJ53

Stage: Final Rule

Previous Stage: NPRM: Publication Date 10/12/2010; End of Comment Period

01/01/2011.

Abstract: This rulemaking would change equipment and operating requirements for

commercial helicopter operations, including many specifically for helicopter air ambulance

operations. This rulemaking is necessary to increase crew, passenger, and patient safety.

The intended effect is to implement National Transportation Safety Board, Aviation

Rulemaking Committee, and internal FAA recommendations.

Effects:

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: Final rule : 05/10/2012

Rulemaking Project Initiated: 04/15/2009

Docket Number: FAA-2010-0982

Dates for Final Rule:

Milestone Originally 

Scheduled

New 

Projected

Actual

Date
Date Date

To OST 01/04/2012 04/03/2012

To OMB 02/06/2012 05/03/2012

OMB Clearance 05/03/2012 08/03/2012

Publication Date 05/21/2012 08/24/2012

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Operation and Certification of Small Unmanned Aircraft Systems (sUAS) Red

Federal Aviation Administration

6.

Popular Title: Small Unmanned Aircraft

RIN 2120-AJ60

Stage: NPRM

Previous Stage:None

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.

Effects:

None

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 07/28/2009

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 01/24/2011 09/02/2011 08/29/2011

Returned to Mode 12/27/2011

Resent to OST 12/30/2011 12/30/2011

To OMB 02/03/2011 04/09/2012

OMB Clearance 03/07/2011 07/09/2012

Publication Date 03/10/2011 07/23/2012

End of Comment Period 07/14/2011 10/23/2012

Explanation for any delay: Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: None

Pilot Certification and Qualification Requirements (formerly First Officer

Qualification Requirements) (HR 5900)

Red

Federal Aviation Administration

7.

Popular Title: Pilot Certification and Qualification Requirements

RIN 2120-AJ67

Stage: NPRM
Previous Stage: ANPRM: Publication Date 02/08/2010; End of Comment Period

04/09/2010.

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.

Effects:

Regulatory Flexibility Act

Prompting action: Statute

Legal Deadline: NPRM : 01/28/2011

Rulemaking Project Initiated: 10/20/2009

Docket Number: FAA-2010-0100

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 12/08/2010 01/26/2011 01/26/2011

To OMB 12/21/2010 05/20/2011 06/23/2011

OMB Clearance 01/21/2011 01/20/2012 02/22/2012

Publication Date 01/28/2011 02/29/2012 02/29/2012

End of Comment Period 04/28/2011 05/29/2012 04/30/2012

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: 77 FR 12374

Prohibition Against Certain Flights Within the Territory and Airspace of

Afghanistan

Red

Federal Aviation Administration

8.

Popular Title: Afghanistan SFAR

RIN 2120-AJ69

Stage: Final Rule

Previous Stage: NPRM: Publication Date 05/26/2010;End of Comment Period 06/10/2010.

Abstract: This rulemaking would prohibit flight operations below flight level (FL) 160

within the territory and airspace of Afghanistan by all: U.S. air carriers; U.S. commercial

operators; persons exercising the privileges of a U.S. airman certificate, except if the flight

is on behalf of a foreign air carrier; and operators of U.S.-registered aircraft, except when

such operators are foreign air carriers. The FAA finds this action necessary to prevent a

potential hazard to persons and aircraft in engaged in such flight operations.

Effects:

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 01/08/2010

Docket Number:

Dates for Final Rule:

Milestone Originally 

Scheduled

New 

Projected

Actual

Date
Date Date

To OST 09/07/2010 03/25/2011 03/21/2011

To OMB 09/14/2010 04/26/2011 05/17/2011

OMB Clearance 09/21/2010 03/09/2012

Publication Date 09/30/2010 03/23/2012

Explanation for any delay: Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None

Requirement for Wildlife Assessments at Certificated Airports Red

Federal Aviation Administration

9.

Popular Title: Wildlife Hazard Assessment (WHA)

RIN 2120-AJ71

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would require a Wildlife Hazard Assessment (scientific

evaluation of wildlife populations and their attractants) for certificated airports. This

rulemaking would also require periodic completion of a wildlife hazard assessment, or

continuous wildlife monitoring as an alternative to the assessment, and clarify requirements

for those conducting an assessment. This rulemaking is intended to decrease direct hazards

(animals striking aircraft) and indirect hazards (animal burrowing and nesting in or near

aircraft or aircraft operations areas).

Effects:

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 03/02/2010

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 02/15/2011 05/16/2011 05/11/2011

Returned to Mode 06/01/2011

Resubmitted to OST 04/06/2012

To OMB 03/17/2011 05/07/2012

OMB Clearance 06/14/2011 08/07/2012

Publication Date 06/24/2011 08/24/2012

End of Comment Period 09/22/2011 11/26/2012

Explanation for any delay: Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: None

Regulation Of Flight Operations Conducted By Alaska Guide Pilots Red

Federal Aviation Administration

10.

Popular Title: Alaska Guide Pilots

RIN 2120-AJ78

Stage: NPRM
Previous Stage:None

Abstract: The rulemaking would establish regulations concerning Alaska guide pilot

operations. The rulemaking would implement Congressional legislation and establish

additional safety requirements for the conduct of these operations. The intended effect of this

rulemaking is to enhance the level of safety for persons and property transported in Alaska

guide pilot operations. In addition, the rulemaking would add a general provision applicable

to pilots operating under the general operating and flight rules concerning falsification,

reproduction, and alteration of applications, logbooks, reports, or records.

Effects:

Information Collection

Prompting action: Statute

Legal Deadline: None

Rulemaking Project Initiated: 05/04/2010

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 12/14/2011 02/06/2013

To OMB 01/13/2012 03/06/2013

OMB Clearance 04/13/2012 06/06/2013

Publication Date 04/24/2012 06/18/2013

End of Comment Period 07/24/2012 09/18/2013

Explanation for any delay: Other, higher priorities

Federal Register Citation for NPRM: None

Air Carrier Maintenance Training Program Red

Federal Aviation Administration

11.

Popular Title: Air Carrier Maintenance Training

RIN 2120-AJ79

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would require FAA approval of maintenance training programs

of air carriers that operate aircraft type certificated for a passenger seating configuration of

10 seats or more (excluding any pilot seat). The intent of this rulemaking is to reduce the

number of accidents and incidents caused by human error, improper maintenance, inspection,

or repair practices.

Effects:

None

Prompting action: Statute

Legal Deadline: Final Rule : 09/26/2012

Rulemaking Project Initiated: 10/28/2008

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date
To OST 01/25/2011 07/12/2011 06/03/2011

Returned to Mode 06/14/2011 06/23/2011

Resubmitted to OST 08/08/2011 08/29/2011

Returned to Mode/2 12/27/2011

Resent to OST 02/06/2013

To OMB 02/24/2011 03/06/2013

OMB Clearance 05/24/2011 06/06/2013

Publication Date 06/01/2011 06/18/2013

End of Comment Period 08/30/2011 09/18/2013

Explanation for any delay: Other, higher priorities

Federal Register Citation for NPRM: None

Installed Systems And Equipment for Use by the Flight Crew Black

Federal Aviation Administration

12.

Popular Title: Human Factors in A/C Design

RIN 2120-AJ83

Stage: Final Rule

Previous Stage: NPRM: Publication Date 02/03/2011; End of Comment Period 04/04/2011.

Abstract: This rulemaking would amend design requirements in the airworthiness standards

for transport category airplanes in an effort to minimize the occurrence of design-related

flightcrew errors. The new design requirements would enable flightcrews to detect and

manage their errors when the errors occur. This action would establish uniform airworthiness

design standards in the U.S. and Europe.

Effects:

None

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 07/06/2010

Docket Number: FAA-2010-1175

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 04/13/2012

To OMB 05/14/2012

OMB Clearance 08/14/2012

Publication Date 08/27/2012

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Safety Management Systems for Part 121 Certificate Holders Green

Federal Aviation Administration

13.

Popular Title: SMS for Part 121

RIN 2120-AJ86

Stage: Final Rule
Previous Stage: NPRM: Publication Date 11/05/2010; End of Comment Period 02/03/2011;

Extended Comment Period 01/31/2011; End of Extended Comment Period 03/07/2011.

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.

Effects:

None

Prompting action: Statute

Legal Deadline: Final Rule : 07/30/2012

NPRM : 10/29/2010

Rulemaking Project Initiated: 08/01/2010

Docket Number: FAA-2009-0671

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 03/16/2012 03/21/2012

To OMB 04/16/2012 04/23/2012

OMB Clearance 07/16/2012 07/23/2012

Publication Date 07/27/2012 08/06/2012

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Flight Crewmember Mentoring, Leadership and Professional Development

(HR 5900)

Red

Federal Aviation Administration

14.

Popular Title: Flight Crewmember Mentoring

RIN 2120-AJ87

Stage: NPRM

Previous Stage:None

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.

Effects:

None

Prompting action: Statute

Legal Deadline: NPRM : 07/29/2011

Rulemaking Project Initiated: 08/01/2010

Docket Number:

Dates for NPRM:
Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 03/29/2011 03/29/2011

To OMB 04/29/2011 05/16/2011 05/17/2011

OMB Clearance 07/29/2011 04/06/2012

Publication Date 07/29/2011 04/20/2012

End of Comment Period 10/26/2011 07/20/2012

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

Slot Management and Transparency for LaGuardia Airport, John F.

Kennedy International Airport, and Newark Liberty International Airport

Red

Federal Aviation Administration

15.

Popular Title: NY Slot Management

RIN 2120-AJ89

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would replace the current temporary orders limiting scheduled

operations at LaGuardia Airport, John F. Kennedy International Airport, and Newark Liberty

International Airport with a more permanent rule to address the issues of congestion and

delay at the New York areaÂ ́s three major commercial airports, while also promoting fair

access and competition. The rulemaking would help ensure that congestion and delays are

managed by limiting scheduled and unscheduled operations. The rulemaking would also

establish a secondary market for U.S. and foreign air carriers to buy, sell, trade, and lease

slots amongst each other at each of the three airports. This would allow carriers serving or

seeking to serve the New York area airports to exchange slots as their business models and

strategic goals require.

Effects:

None

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 10/21/2010

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 03/25/2011 06/22/2011 06/22/2011

To OMB 04/25/2011 03/10/2012

OMB Clearance 07/25/2011 06/10/2012

Publication Date 07/29/2011 06/20/2012

End of Comment Period 10/27/2011 09/20/2012

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

Federal Aviation Administration
16. Part 121 Exiting Icing Red

Popular Title: Part 121 Exiting Icing

RIN 2120-AJ95

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would establish the standards for when flightcrews need to take

action to exit icing conditions. If adopted, this rulemaking would apply to aircraft with a

maximum takeoff weight of less than 60,000 pounds. This rulemaking is based on

recommendations from an Aviation Rulemaking Advisory Committee working group after

reviewing certain accidents and incidents. The intended affect of this action is to avoid

similar accidents and incidents in the future. This rulemaking replaces RIN 2120-AJ74, for

which an NPRM had originally been scheduled for 11/02/2011. This rulemaking has

expanded the scope of RIN 2120-AJ74 to include requirements for design approval holders.

Effects:

None

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 12/22/2009

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 07/13/2012

To OMB 08/17/2012

OMB Clearance 11/19/2012

Publication Date 12/03/2012

End of Comment Period 03/04/2013

Explanation for any delay: N/A

Federal Register Citation for NPRM: None

Requirements for Chemical Oxygen Generators Installed on Transport

Category Airplanes (Chemical Oxygen Standards)

Green

Federal Aviation Administration

17.

Popular Title: Chemical Oxygen Generators

RIN 2120-AK14

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would introduce type certification requirements for chemical

oxygen generator (COG) installations installed on transport category airplanes. This action is

necessary to address potential security vulnerabilities with COGs and provide performancebased options for acceptable installations. The intended effect would increase the level of

security and safety for future transport airplane designs.

Effects:

None

Prompting action: Secretarial/Head of Operating Administration Decision
Legal Deadline: None

Rulemaking Project Initiated: 01/18/2012

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 04/24/2012

To OMB 05/08/2012

OMB Clearance 06/22/2012

Publication Date 07/09/2012

End of Comment Period 08/08/2012

Explanation for any delay: N/A

Federal Register Citation for NPRM: None

National Tunnel Inspection Standards Red

Federal Highway Administration

Federal Highway Administration

18.

Popular Title: Tunnel Inspection

RIN 2125-AF24

Stage: Final Rule

Previous Stage: ANPRM: Publication Date 11/18/08; End of Comment Period 2/17/09.

NPRM: Publication Date 7/22/2010; End of Comment Period 09/20/2010.

Abstract: This rulemaking would revise 23 CFR Part 650 -- Bridges, Structures, and

Hydraulics, by adding the National Tunnel Inspection Standards (NTIS) under Subpart E.

We anticipate that the NTIS may be modeled after the existing National Bridge Inspection

Standards and may include requirements for, among other things, inspection procedures, the

qualifications and training of inspectors, and a National Tunnel Inventory.

Effects:

None

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 01/30/2008

Docket Number: FHWA-2008-0038

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 05/31/2011 09/14/2011 09/13/2011

To OMB 07/01/2011 04/18/2012

OMB Clearance 10/03/2011 07/18/2012

Publication Date 10/14/2011 07/25/2012

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None
Pavement Markings Red

Federal Highway Administration

19.

Popular Title: Pavement Markings

RIN 2125-AF34

Stage: SNPRM

Previous Stage: NPRM: Publication Date 4/22/2010; End of Comment Period 8/20/2010.

Abstract: This rulemaking would amend the Manual on Uniform Traffic Control Devices,

incorporated by reference in 23 CFR part 655, subpart F, to include standards, guidance,

options, and supporting information relating to maintaining minimum levels of

retroreflectivity for pavement markings on all roads open to public travel. We orginally

scheduled publication of a final rule for 12/30.2011.

Effects:

None

Prompting action: Statute

Legal Deadline: None

Rulemaking Project Initiated: 12/07/2009

Docket Number: FHWA-2009-0139

Dates for SNPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 01/06/2012 03/22/2012

To OMB 02/06/2012 04/23/2012

OMB Clearance 05/07/2012 07/23/2012

Publication Date 05/14/2012 07/27/2012

End of Comment Period 07/14/2012 09/27/2012

Explanation for any delay: Additional coordination necessary

Federal Register Citation for SNPRM: None

Value Engineering Green

Federal Highway Administration

20.

Popular Title: Value Engineering

RIN 2125-AF40

Stage: Final Rule

Previous Stage: NPRM: Publication Date 06/22/2011; End of Comment Period 08/22/2011.

Abstract: This rulemaking would amend 23 CFR Part 627 to implement changes made to 23

USC 106 by section 1904 of SAFETEA-LU. Specifically, section 1904 requires a Value

Engineering analysis for bridge projects over $20 million and any other project designated

by the Secretary. It also allows the Secretary to require more than one Value Engineering

study of a major project. This rulemaking will also address opportunities when an analysis

could be conducted during the planning, development, and construction of projects, and

address changes in industry practices regarding methods to conduct Value Engineering

studies. On the March 2012 report, this rulemaking action was inadvertently listed as having

recently been upgraded to significant; this action will not appear on the report next month.

Effects:

None
Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 10/27/2010

Docket Number: FHWA-2011-0046

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

Publication Date 01/13/2012 01/27/2012 03/15/2012

Effective Date 03/16/2012 03/27/2012 04/16/2012

Explanation for any delay: N/A

Federal Register Citation for Final Rule: 77 FR 15250

National Standards for Traffic Control Devices; the Manual on Uniform

Traffic Control Devices for Streets and Highways; Engineering Judgments

(RRR)

Green

Federal Highway Administration

21.

Popular Title: MUTCD Engineering Judgment (RRR)

RIN 2125-AF41

Stage: Final Rule

Previous Stage: NPRM: 08/02/2011; End of Comment Period 10/03/2011.

Abstract: This rulemaking would propose changes to the Manual on Uniform Traffic

Control Devices (MUTCD) to clarify the definition of "Standard Statements" in the MUTCD

and to clarify the use of engineering judgment and studies in the application of traffic

control devices.

Effects:

None

Prompting action: 2011 Retrospective Regulatory Review

Legal Deadline: None

Rulemaking Project Initiated: 12/03/2010

Docket Number: FHWA-2010-170

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 02/03/2012 02/02/2012

To OMB 03/02/2012 03/07/2012

OMB Clearance 06/04/2012

Publication Date 06/15/2012

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

National Standards for Traffic Control Devices; the Manual on Uniform

Traffic Control Devices for Streets and Highways; Compliance Dates

Revision (RRR)

Green

Federal Highway Administration

22.
Popular Title: MUTCD Compliance Dates (RRR)

RIN 2125-AF43

Stage: Final Rule

Previous Stage: NPRM: 08/31/11; End of Comment Period: 10/31/11.

Abstract: This rulemaking would revise the Manual on Uniform Traffic Control Devices

(MUTCD) to revise the compliance dates for certain requirements in the MUTCD.

Effects:

None

Prompting action: 2011 Retrospective Regulatory Review

Legal Deadline: None

Rulemaking Project Initiated: 01/20/2011

Docket Number:

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 02/22/2012 02/07/2012

To OMB 03/22/2012 03/30/2012 03/23/2012

OMB Clearance 06/22/2012 07/02/2012

Publication Date 06/29/2012 07/06/2012

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None

Unified Registration System Red

Federal Motor Carrier Safety Administration

Federal Motor Carrier Safety Administration

23.

Popular Title: URS

RIN 2126-AA22

Stage: Final Rule

Previous Stage: ANPRM: Publication Date 08/26/96; End of Comment Period 10/26/96.

NPRM: Publication Date 05/19/05; End of Comment Period 08/17/05. SNPRM: Publication

Date 10/26/11; End of Comment Period 12/27/11.

Abstract: This rulemaking would replace three current identification and registration

systems: the US DOT number identification system, the commercial registration system, and

the financial responsibility system, with an online Federal unified registration system (URS).

This program would serve as a clearinghouse and depository of information on, and

identification of, brokers, freight forwarders, and others required to register with the

Department of Transportation. The Agency is revising this rulemaking to address

amendments directed by Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A

Legacy for Users (SAFETEA-LU). The replacement system for the Single State Registration

System, which the ICC Termination Act originally directed be merged under URS, was

addressed separately in RIN 2126-AB09. The cargo insurance portion of this rulemaking has

been split off into RIN 2126-AB21.

Effects:

Regulatory Flexibility Act

Information Collection
Prompting action: Statute

Legal Deadline: Final Rule (SAFETEA-LU) : 08/10/2006

Final Rule (ICC Act) : 01/01/1998

Rulemaking Project Initiated: 01/01/1996

Docket Number: FMCSA-97-2349

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 08/15/2012

To OMB 09/19/2012

OMB Clearance 12/20/2012

Publication Date 12/31/2012

Explanation for any delay: Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None

Application by Certain Mexico-Domiciled Motor Carriers to Operate

Beyond U.S. Municipalities and Commercial Zones on the U.S.-Mexico

Border

Red

Federal Motor Carrier Safety Administration

24.

Popular Title: Mexico-Domiciled Motor Carriers

RIN 2126-AA34

Stage: Undetermined

Previous Stage: IFR: Publication Date 03/19/2002; End of Comment Period 04/18/2002.

Abstract: This rulemaking would change FMCSA regulations to govern applications by

Mexican carriers to operate beyond municipalities and commercial zones at the United StateMexico border. It would also revise the application form, OP-1MX, to be filed by these

Mexican motor carriers. The revised form would require additional information about the

applicantÂ ́s business and operating practices to allow the FMCSA to determine if the

applicant can meet the safety standards established for operating in interstate commerce in

the United States. Carriers that had previously submitted an application would have to

submit the updated form. These changes are needed to implement part of the North

American Free Trade Agreement (NAFTA). On January 16, 2003, the Ninth Circuit Court

remanded this rule, along with two other NAFTA-related rules, to the agency, requiring a

full environmental impact statement and an analysis required by the Clean Air Act. On June

7, 2004, the Supreme Court reversed the Ninth Circuit and remanded the case, holding that

FMCSA is not required to prepare the environmental documents as ruled by the Ninth

Circuit. FMCSA originally planned to publish a final rule by November 20, 2003. FMCSA

will determine the next steps to be taken after the pilot program on the long haul trucking

provisions of NAFTA is completed.

Effects:

Information Collection

NAFTA

Prompting action: International Agreement

Legal Deadline: None

Rulemaking Project Initiated: 02/07/2001

Docket Number: FMCSA-98-3298

Dates for Undetermined:
Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST

To OMB

OMB Clearance

Publication Date

End of Comment Period

Explanation for any delay: Unanticipated issues requiring further analysis

Federal Register Citation for Undetermined: None

Safety Monitoring System and Compliance Initiative for Mexico-Domiciled

Motor Carriers Operating in the United States

Red

Federal Motor Carrier Safety Administration

25.

Popular Title: Safety Monitoring

RIN 2126-AA35

Stage: Undetermined

Previous Stage: IFR: Publication Date 03/19/2002; End of Comment Period 04/18/2002.

Abstract: This rule would implement a safety monitoring system and compliance initiative

designed to evaluate the continuing safety fitness of all Mexico-domiciled carriers within 18

months after receiving a provisional Certificate of Registration or provisional authority to

operate in the United States. It also would establish suspension and revocation procedures

for provisional Certificates of Registration and operating authority, and incorporate criteria

to be used by FMCSA in evaluating whether Mexico-domiciled carriers exercise basic safety

management controls. The interim rule included requirements that were not proposed in the

NPRM but which are necessary to comply with the FY-2002 DOT Appropriations Act. On

January 16, 2003, the Ninth Circuit Court of Appeals remanded this rule, along with two

other NAFTA-related rules, to the agency, requiring a full environmental impact statement

and an analysis required by the Clean Air Act. On June 7, 2004, the Supreme Court reversed

the Ninth Circuit and remanded the case, holding that FMCSA is not required to prepare the

environmental documents. FMCSA originally planned to publish a final rule by November

28, 2003. FMCSA will determine the next steps to be taken after the pilot program on the

long haul trucking provisions of NAFTA is completed.

Effects:

Regulatory Flexibility Act

Federalism 

Information Collection

NAFTA

Prompting action: International Agreement

Legal Deadline: None

Rulemaking Project Initiated: 02/07/2001

Docket Number: FMCSA-1998-3299

Dates for Undetermined:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST

To OMB
OMB Clearance

Publication Date

End of Comment Period

Explanation for any delay: Unanticipated issues requiring further analysis

Federal Register Citation for Undetermined: None

Certification of Safety Auditors, Safety Investigators, and Safety Inspectors Red

Federal Motor Carrier Safety Administration

26.

Popular Title: Safety Auditors Certification

RIN 2126-AA64

Stage: Undetermined

Previous Stage: IFR: Date of Publication 03/19/02; Effective Date 06/17/02; End of

Comment Period 05/20/02, IFR: Notice Extending Compliance Date 06/17/02; End of

Extended C/P 07/17/02. IFR: Notice of Statutory Compliance Date 12/23/03, Reinstated IFR

1/01/04.

Abstract: This rulemaking would require that any safety inspection, safety audit, or

compliance review be conducted by a certified inspector, auditor, or investigator. It is

required by section 211 of the Motor Carrier Safety Improvement Act. Based on comments

to the Interim Final Rule (IFR), the agency will issue a NPRM that addresses issues not

clarified in the IFR.

Effects:

None

Prompting action: Statute

Legal Deadline: NPRM : 12/09/2000

Rulemaking Project Initiated: 12/09/1999

Docket Number: FMCSA-2001-11060

Dates for Undetermined:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST

To OMB

OMB Clearance

Publication Date

End of Comment Period

Explanation for any delay: Other, higher priorities

Federal Register Citation for Undetermined: None

Limitations on the Issuance of Commercial Driver Licenses with a

Hazardous Materials Endorsement

Black

Federal Motor Carrier Safety Administration

27.

Popular Title: USA PATRIOT Act Rule

RIN 2126-AA70

Stage: Undetermined

Previous Stage: IFR: Publication Date 04/29/2005.

Abstract: This rulemaking would prohibit States from issuing, renewing, transferring or
upgrading a commercial driverÂ ́s license (CDL) with a hazardous materials endorsement,

unless the Transportation Security Administration (TSA) has first conducted a background

check on the applicant and determined the applicant does not pose a security risk warranting

denial of the hazardous materials endorsement. FMCSA and TSA simultaneously published

interim final rules. FMCSA has published another IFR corresponding to TSAÂ ́s extension

of compliance date. Since this rulemaking conforms to TSAÂ ́s rulemaking, the rulemaking

is dependent upon TSA action. This action is considered significant because of substantial

public and congressional interest, and national security.

Effects:

NAFTA

Prompting action: Statute

Legal Deadline: None

Rulemaking Project Initiated: 10/26/2001

Docket Number: FMCSA-2001-11117

Dates for Undetermined:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST

To OMB

OMB Clearance

Publication Date

Explanation for any delay: N/A

Federal Register Citation for Undetermined: None

Qualifications of Drivers; Diabetes Standard Red

Federal Motor Carrier Safety Administration

28.

Popular Title: Diabetes Standard

RIN 2126-AA95

Stage: NPRM

Previous Stage: ANPRM: Publication Date 03/17/2006; End of Comment Period

06/15/2006.

Abstract: This rulemaking action would amend FMCSAÂ ́s medical qualification standards

to allow drivers with insulin-treated diabetes mellitus to operate commercial motor vehicles

in interstate commerce, without seeking an exemption from the FMCSRs. This action is

required by Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for

Users (SAFETEA-LU).

Effects:

None

Prompting action: Statute

Legal Deadline: Initiate change : 11/10/2005

Rulemaking Project Initiated: 08/10/2005

Docket Number: FMCSA-2005-23151

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date
To OST 07/19/2010 10/09/2012

To OMB 08/20/2010 11/14/2012

OMB Clearance 11/19/2010 02/14/2013

Publication Date 11/30/2010 02/23/2013

End of Comment Period 01/30/2011 04/23/2013

Explanation for any delay: Lack of staffing

Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: None

National Registry of Certified Medical Examiners Red

Federal Motor Carrier Safety Administration

29.

Popular Title: National Registry

RIN 2126-AA97

Stage: Final Rule

Previous Stage: NPRM: Publication Date 12/01/08; End of Comment Period 01/30/09.

Abstract: This rulemaking would establish training, testing and certification standards for

medical examiners responsible for certifying that interstate commercial motor vehicle

(CMV) drivers meet established physical qualifications standards; provide a database (or

National Registry) of medical examiners that meet the prescribed standards for use by motor

carriers, drivers, and Federal and State enforcement personnel in determining whether a

medical examiner is qualified to conduct examinations of interstate truck and bus drivers;

and require medical examiners to transmit electronically to FMCSA the name of the driver

and a numerical identifier for each driver that is examined. The rulemaking would also

establish the process by which medical examiners who fail to meet or maintain the minimum

standards would be removed from the National Registry. This action is in response to section

4116 of Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for

Users (SAFETEA-LU).

Effects:

Economically Significant

Major

Unfunded Mandate

Regulatory Flexibility Act

Information Collection

Privacy

Prompting action: Statute

Legal Deadline: Final Rule : 08/10/2006

Rulemaking Project Initiated: 08/10/2005

Docket Number: FMCSA-2008-0363

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 12/21/2009 08/01/2011 08/01/2011

To OMB 01/21/2010 09/23/2011 09/22/2011

OMB Clearance 04/21/2010 03/23/2012

Publication Date 05/05/2010 03/30/2012

Explanation for any delay: Additional coordination necessary
Lack of resources

Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None

Consumer Complaint Information Red

Federal Motor Carrier Safety Administration

30.

Popular Title: Consumer Complaint Information

RIN 2126-AB01

Stage: Final Rule

Previous Stage: NPRM: Publication Date 02/20/2008, End of Comment Period 4/21/2008.

Abstract: The rulemaking would require each motor carrier of household goods to submit a

quarterly report of specific identified information regarding complaints that each receives

from shippers and consumers to the Agency. This rule responds to Safe, Accountable,

Flexible, Efficient, Transportation Equity Act: A Legacy for Users (SAFETEA-LU).

Effects:

Information Collection

Privacy

Prompting action: Statute

Legal Deadline: Report in place : 08/10/2006

Rulemaking Project Initiated: 08/10/2005

Docket Number: FMCSA-2008-0029

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 08/23/2010 05/21/2012

To OMB 09/24/2010 06/22/2012

OMB Clearance 12/24/2010 09/21/2012

Publication Date 01/07/2011 10/02/2012

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None

Minimum Training Requirements for Entry Level Commercial Motor

Vehicle Operations

Black

Federal Motor Carrier Safety Administration

31.

Popular Title: Entry Level Driver Training

RIN 2126-AB06

Stage: Undetermined

Previous Stage: NPRM: Publication Date 12/26/2007; End of Extended Comment Period

5/23/2008.

Abstract: This rulemaking would require behind-the-wheel and classroom training for

persons who must hold a commercial driverÂ ́s license to operate commercial motor

vehicles. This action is in response to the U.S. Court of Appeals for the District of Columbia

CircuitÂ ́s December 2005 decision remanding the May 21, 2004, Final Rule, "Minimum

Training Requirements for Entry-Level Commercial Motor Vehicle Operators" to the

Agency for further consideration. The rulemaking will consider the effectiveness of CMV

driver training in reducing crashes, the appropriate types and levels of training that should be
mandated, and related costs.

Effects:

Economically Significant

Major

Federalism 

Prompting action: Court Action

Legal Deadline: None

Rulemaking Project Initiated: 04/19/2006

Docket Number: FMCSA-2007-27748

Dates for Undetermined:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST

To OMB

OMB Clearance

Publication Date

End of Comment Period

Explanation for any delay: N/A

Federal Register Citation for Undetermined: None

Carrier Safety Fitness Determination Red

Federal Motor Carrier Safety Administration

32.

Popular Title: Carrier Safety Fitness Determination

RIN 2126-AB11

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would revise 49 CFR Part 385, Safety Fitness Procedures, in

accordance with the AgencyÂ ́s Compliance, Safety, Accountability (CSA) initiative. CSA is

an operational model FMCSA implemented that is designed to help the Agency carry out its

compliance and enforcement programs more efficiently and effectively. Currently, the safety

fitness rating of a motor carrier is determined based on the results of a very labor intensive

compliance review conducted at the carrierÂ ́s place of business. Aside from roadside

inspections and new entrant audits, the compliance review is the AgencyÂ ́s primary

intervention. Under CSA, FMCSA would propose to implement a broader array of

progressive interventions, some of which allow FMCSA to make contact with more carriers.

Through this rulemaking FMCSA would establish safety fitness determinations based on

safety data from crashes, inspections, investigations, and violation history rather than just the

standard compliance review. This will enable the Agency to assess the safety performance of

a greater segment of the motor carrier industry with the goal of further reducing large truck

and bus crashes and fatalities.

Effects:

Major

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 06/21/2007

Docket Number: FMCSA-2004-18898
Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 11/12/2007 10/02/2009 09/25/2009

Withdrawn from OST 03/22/2010 03/22/2010

Resubmitted to OST 07/09/2012

To OMB 12/15/2007 08/09/2012

OMB Clearance 03/15/2008 11/09/2012

Publication Date 03/29/2008 11/20/2012

End of Comment Period 06/29/2008 01/21/2013

Explanation for any delay: Additional coordination necessary

Awaiting development of additional data

Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: None

New Entrant Safety Assurance Process: Implementation of Section 210(b)

of the Motor Carrier Safety Improvement Act of 1999

Black

Federal Motor Carrier Safety Administration

33.

Popular Title: MCSIA 210(b)

RIN 2126-AB17

Stage: Undetermined

Previous Stage: ANPRM: Publication Date 08/25/2009; End of Comment Period

10/26/2009.

Abstract: This rulemaking would consider methods for ensuring a new applicant carrier is

knowledgeable about the applicable safety requirements before being granted New Entrant

authority. The agency is considering whether to implement a proficiency examination as part

of its revised New Entrant Safety Assurance Process as well as other alternatives. This

rulemaking responds to issues raised in a petition from Advocates for Highway and Auto

Safety regarding new entrant applicant knowledge.

Effects:

None

Prompting action: Court Action

Legal Deadline: None

Rulemaking Project Initiated: 02/26/2009

Docket Number: FMCSA-2001-11061

Dates for Undetermined:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST

To OMB

OMB Clearance

Publication Date

End of Comment Period

Explanation for any delay: N/A
Federal Register Citation for Undetermined: None

Commercial Driver's License Drug and Alcohol Clearinghouse Red

Federal Motor Carrier Safety Administration

34.

Popular Title: CDL Drug and Alcohol Database

RIN 2126-AB18

Stage: NPRM

Previous Stage: None

Abstract: This rulemaking would create a central database for verified positive controlled

substances and alcohol test results for commercial driverÂ ́s license (CDL) holders and

refusals by such drivers to submit to testing. This rulemaking would require employers of

CDL holders and service agents to report positive test results and refusals to test into the

database. Prospective employers, acting on an application for a CDL driver position with the

applicantÂ ́s written consent to access the database, would query the database to determine if

any specific information about the driver applicant is in the database before allowing the

applicant to be hired and to drive CMVs. This rulemaking is intended to increase highway

safety by ensuring CDL holders, who have tested positive or have refused to submit to

testing, have completed the U.S. DOTÂ ́s return-to-duty process before driving CMVs in

interstate or intrastate commerce. It is also intended to ensure that employers are meeting

their drug and alcohol testing responsibilities.

Effects:

Economically Significant

Major

Information Collection

Privacy

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 03/01/2009

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 02/01/2010 04/06/2012

To OMB 03/01/2010 05/17/2012

OMB Clearance 05/31/2010 08/17/2012

Publication Date 06/18/2010 08/27/2012

End of Comment Period 09/30/2010 10/25/2012

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

Electronic On-Board Recorders and Hours of Service Supporting

Documents

Green

Federal Motor Carrier Safety Administration

35.

Popular Title: EOBR and HOS supporting documents

RIN 2126-AB20

Stage: SNPRM

Previous Stage: NPRM: Publication Date 02/01/11; End of Comment Period 04/04/2011,
NPRM: Extension of Comment Period 04/13/2011; End of Extended Comment Period

05/23/11.

Abstract: This rulemaking will consider revisions to RIN 2126-AA89 (Electronic On-Board

Recorders for Hours of Service Drivers) to expand the number of motor carriers required to

install and operate Electronic On-Board Recorders (EOBRs). FMCSA is consolidating this

follow-up to the EOBR rule with the Hours Of Service Of Drivers: Supporting Documents

rulemaking for development of a single NPRM in RIN 2126-AB20. In addressing Hours of

Service Supporting Documents requirements in this new rulemaking, FMCSA will consider

reducing or eliminating current paperwork burdens associated with supporting documents in

favor of expanded EOBR use. On January 15, 2010, the American Trucking Associations

(ATA) filed a Petition for a Writ of Mandamus in the United States Court of Appeals for the

District of Columbia Circuit (D.C. Cir. No. 10-1009). ATA petitioned the court to direct

FMCSA to issue an NPRM on supporting documents in conformance with the requirements

set forth in section 113 of the HMTAA within 60 days after the issuance of the writ and a

final rule no later than 6 months after the issuance of the NPRM. The court granted the

petition for writ of mandamus on September 30, 2010, ordering FMCSA to issue an NPRM

on the supporting document regulations by December 30, 2010. At the request of the agency,

the DC Circuit extended the deadline to January 31, 2011. On April 5, 2010, FMCSA issued

a final rule (RIN 2126-AA89) that required the use of EOBRs by motor carriers with

significant hours-of-service violations (75 FR 17208). A petition for judicial review was

filed with the Seventh Circuit. On August 26, 2011, the Court vacated the final rule, which

removed the technical specifications relied on in this rulemaking.

Effects:

Economically Significant

Major

Unfunded Mandate

Regulatory Flexibility Act

Information Collection

Privacy

Prompting action: Court Action

Legal Deadline: NPRM : 01/31/2011

Rulemaking Project Initiated: 08/26/1994

Docket Number:

Dates for SNPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 09/28/2012

To OMB 11/02/2012

OMB Clearance 02/04/2013

Publication Date 02/14/2013

End of Comment Period 04/18/2013

Explanation for any delay: N/A

Federal Register Citation for SNPRM: None

Inspection, Repair, and Maintenance; Driver-Vehicle Inspection Report

for Intermodal Equipment (RRR)

Yellow

Federal Motor Carrier Safety Administration

36.

Popular Title: No-Defect DVIR (RRR)
RIN 2126-AB34

Stage: Final Rule

Previous Stage: NPRM: Publication Date 6/7/11; End of Comment Period 8/8/11.

Abstract: This rulemaking would revise a requirement of the FMCSRs that applies to

intermodal equipment providers and motor carriers operating intermodal equipment (IME).

The rulemaking would delete the requirement for drivers operating IME to submit drivervehicle inspection reports (DVIRs) when the driver has not found or been made aware of

any defects ("no-defect DVIRs"). This rulemaking responds to a joint petition for

rulemaking from the Ocean Carrier Equipment Management Association and the Institute of

International Container Lessors.

Effects:

None

Prompting action: 2011 Retrospective Regulatory Review

Legal Deadline: None

Rulemaking Project Initiated: 09/13/2010

Docket Number:

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 01/23/2012 03/12/2012 02/28/2012

To OMB 02/24/2012 04/13/2012

OMB Clearance 05/28/2012 07/16/2012

Publication Date 04/11/2012 07/26/2012

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Medical Examiner's Certification Integration Yellow

Federal Motor Carrier Safety Administration

37.

Popular Title: Medical Examiner's Certification Integration

RIN 2126-AB40

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would build upon the National Registry (2126-AA97) and

Medical Certification (2126-AA10) final rules. This rulemaking would (1) provide for the

medical examiner to transmit data from the medical examinerÂ ́s certificate through FMCSA

to the State Driver Licensing Agencies (SDLAs) for Commercial DriverÂ ́s License (CDL)

holders and (2) require increased frequency of medical examiner reporting of medical

examinerÂ ́s certificate data to the National Registry database. This should streamline the

process for SDLAs to verify the physical qualifications of CDL holders.

Effects:

Economically Significant

Major

Information Collection

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 04/20/2011
Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 04/17/2012 09/03/2012

To OMB 05/22/2012 10/08/2012

OMB Clearance 08/22/2012 01/08/2013

Publication Date 08/31/2012 01/17/2013

End of Comment Period 10/31/2012 03/19/2013

Explanation for any delay: Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: None

Patterns of Safety Violations by Motor Carrier Management Yellow

Federal Motor Carrier Safety Administration

38.

Popular Title: Patterns of Safety Violations

RIN 2126-AB42

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would amend FMCSAÂ ́s regulations to enable the Agency to

prevent interstate transportation by motor carriers that employ officers who have shown

unusual and repeated disregard for safety compliance. The rulemaking would define conduct

that constitutes a pattern or practice of avoiding compliance or otherwise concealing

noncompliance with the Federal Motor Carrier Safety Regulations. These revisions would

implement certain provisions of the Safe, Accountable, Flexible, Efficient Transportation

Equity Act: A Legacy for Users (SAFETEA-LU) and are designed to enhance the safety of

commercial motor vehicle (CMV) operations on our nationÂ ́s highways.

Effects:

None

Prompting action: Statute

Legal Deadline: None

Rulemaking Project Initiated: 08/10/2005

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 03/26/2012 04/30/2012

To OMB 04/30/2012 06/04/2012

OMB Clearance 07/31/2012 09/04/2012

Publication Date 08/09/2012 09/13/2012

End of Comment Period 10/10/2012 11/14/2012

Explanation for any delay: Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: None

Federal Motor Carrier Safety Administration
Lease and Interchange of Vehicles; Commercial Motor Vehicles Designed

to Transport Passengers

Yellow 39.

Popular Title: Bus Leasing

RIN 2126-AB44

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would amend the lease and interchange of vehicle regulations in

49 CFR Part 376 to add buses and passenger coaches. FMCSA has been discovering in its

passenger bus crash investigations and roadside inspections a need for better documentation

of bus equipment lease and interchange agreements. The National Transportation Safety

Board (NTSB) has also recommended FMCSA require documentation of bus motor vehicle

leases and interchanges based on a crash investigation in 2008 near Victoria, Texas. The

rulemaking would determine two things: First, whether any or all of the present practices of

motor carriers of passengers, with respect to the performance of transportation by the use of

vehicles owned by others, the interchange of vehicles, and the leasing of vehicles to private

motor carriers and shippers, should be discontinued because they are contrary to the public

interest; and, if any or all of the present practices should be continued. Second, whether the

motor carriersÂ ́ practices should be governed by regulations similar to those currently in 49

CFR Part 376 applicable presently only to motor carriers of property. The intended effect of

this action is to require lessee-motor carriers of passengers to assume complete

responsibility for the operation of the bus equipment for the duration of the lease and

document full operational control by the lessee-motor carriers of passengers over all drivers,

bus vehicles, and trip operations being conducted under its USDOT registration.

Effects:

Major

Information Collection

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 09/28/2011

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 06/04/2012 09/04/2012

To OMB 07/09/2012 10/09/2012

OMB Clearance 10/09/2012 01/09/2013

Publication Date 10/20/2012 01/21/2013

End of Comment Period 12/20/2012 03/21/2013

Explanation for any delay: N/A

Federal Register Citation for NPRM: None

Critical Incident Stress Plan; "Critical Incident" Definition Red

Federal Railroad Administration

Federal Railroad Administration

40.

Popular Title: Critical Incident Stress Plan
RIN 2130-AC00

Stage: NPRM

Previous Stage:None

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

railroadÂ ́s critical incident response programs, so that appropriate action is taken when a

railroad employee is involved in or directly witnesses a critical incident.

Effects:

None

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 11/14/2008

Docket Number: FRA-2008-0131

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 12/28/2011 10/15/2012

To OMB 02/09/2012 11/13/2012

OMB Clearance 05/09/2012 02/11/2013

Publication Date 05/18/2012 02/15/2013

End of Comment Period 07/17/2012 04/16/2013

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

Training Standards for Railroad Employees (RRR) Green

Federal Railroad Administration

41.

Popular Title: Training Standards for RR Employees

RIN 2130-AC06

Stage: Final Rule

Previous Stage: NPRM: Publication Date 02/07/2012; Comment Period End 04/09/2012.

Abstract: This rulemaking will (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 railroadsÂ ́, contractorsÂ ́, and subcontractorsÂ ́ 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.

Effects:

None

Prompting action: 2011 Retrospective Regulatory Review

Legal Deadline: Final Rule : 10/16/2009

Rulemaking Project Initiated: 10/16/2008

Docket Number: FRA-2009-0033
Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 11/01/2012

To OMB 11/30/2012

OMB Clearance 02/28/2013

Publication Date 03/08/2013

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Vehicle/Track Interaction Safety Standards; High-Speed and High Cant

Deficiency Operations (RRR)

Red

Federal Railroad Administration

42.

Popular Title: Vehicle/Track Interaction, High Speed, High Cant

RIN 2130-AC09

Stage: Final Rule

Previous Stage: NPRM: Publication Date 5/10/2010; End of Comment Period 7/9/2010.

Abstract: This rulemaking would amend the Track Safety Standards and Passenger

Equipment Safety Standards for high-speed train operations and train operations at high cant

deficiencies to promote the safe interaction of rail vehicles with the track over which they

operate. It would revise both the safety limits for these operations and the process to qualify

them. It accounts for a range of vehicle types that are currently used and may likely be used

on future high-speed or high cant deficiency rail operations, and would provide safety

assurance for train operations in all classes of track. It is based on the results of simulation

studies designed to identify track geometry irregularities associated with unsafe wheel forces

and acceleration, thorough reviews of vehicle qualification and revenue service test data, and

consideration of international practices.

Effects:

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 06/19/2008

Docket Number: FRA-2009-0036

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 02/25/2011 01/31/2012 02/15/2012

To OMB 04/01/2011 04/20/2012

OMB Clearance 06/30/2011 07/20/2012

Publication Date 07/12/2011 07/31/2012

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None

Alcohol and Controlled Substance Testing for Maintenance-of-Way Red

Federal Railroad Administration

43.
Employees

Popular Title: Controlled Substance Testing/Maintenance Employees

RIN 2130-AC10

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would revise the Federal Railroad AdministrationÂ ́s alcohol and

drug regulations to cover all employees of railroads, railroad contractors, and subcontractors

who perform maintenance-of-way activities. The rulemaking would also make other

miscellaneous updates to 14 CFR Part 219.

Effects:

None

Prompting action: Statute

Legal Deadline: Final Rule : 10/16/2010

Rulemaking Project Initiated: 10/16/2008

Docket Number: FRA-2009-0039

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 09/08/2009 04/18/2012

To OMB 10/07/2009 05/16/2012

OMB Clearance 01/05/2010 08/14/2012

Publication Date 01/13/2010 08/20/2012

End of Comment Period 03/15/2010 10/19/2012

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

Risk Reduction Program (RRR) Red

Federal Railroad Administration

44.

Popular Title: Risk Reduction Program

RIN 2130-AC11

Stage: NPRM

Previous Stage: ANPRM: Publication Date 12/08/2010; End of Comment Period

02/07/2011

Abstract: This rulemaking would consider appropriate contents for Risk Reduction

Programs and how they should be implemented and reviewed by FRA.

Effects:

Economically Significant

Major

Prompting action: Statute

Legal Deadline: Final Rule : 10/16/2012

Rulemaking Project Initiated: 10/16/2008

Docket Number: FRA-2009-0038

Dates for NPRM:

Milestone Originally 

Scheduled

New 

Projected

Actual

Date
Date Date

To OST 06/15/2011 07/30/2012

To OMB 07/21/2011 08/27/2012

OMB Clearance 10/19/2011 11/26/2012

Publication Date 10/27/2011 12/03/2012

End of Comment Period 12/27/2011 02/01/2013

Explanation for any delay: Additional coordination necessary

Awaiting development of additional data

Federal Register Citation for NPRM: None

Emergency Escape Breathing Apparatus (RRR) Red

Federal Railroad Administration

45.

Popular Title: Emergency Escape Breathing Apparatus

RIN 2130-AC14

Stage: Final Rule

Previous Stage: NPRM: Publication Date 10/05/2010, End of Comment Period 12/06/2010.

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 poison-inhalation-hazard hazardous material and provide training in

its use.

Effects:

None

Prompting action: Statute

Legal Deadline: Final Rule : 04/16/2010

Rulemaking Project Initiated: 10/16/2008

Docket Number: FRA-2009-0044

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 06/29/2011 07/13/2012

To OMB 08/04/2011 08/13/2012

OMB Clearance 11/02/2011 11/08/2012

Publication Date 11/09/2011 11/16/2012

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None

High-Speed Rail Corridor Development and Capital Investment Grants to

Support Intercity Passenger Rail Service

Red

Federal Railroad Administration

46.

Popular Title: High-Speed Rail Corridor Development

RIN 2130-AC17

Stage: NPRM

Previous Stage: None

Abstract: This rulemaking would prescribe procedures and schedules for the awarding of

grants to eligible applicants under this title to assist in financing the capital costs of facilities,
infrastructure, and equipment necessary to provide or improve intercity passenger rail

transportation.

Effects:

Economically Significant

Major

Prompting action: Statute

Legal Deadline: Final Rule - High Speed Development : 10/16/2009

Final Rule - Capital Investment Grants : 10/16/2010

Rulemaking Project Initiated: 10/16/2008

Docket Number: FRA-2009-0106

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 05/10/2010 12/07/2012

To OMB 06/07/2010 01/07/2013

OMB Clearance 09/07/2010 04/08/2013

Publication Date 09/16/2010 04/15/2013

End of Comment Period 11/16/2010 06/14/2013

Explanation for any delay: Additional coordination necessary

Lack of resources

Federal Register Citation for NPRM: None

High-Speed Intercity Passenger Rail (HSIPR) Program; Buy America

Program Requirements

Green

Federal Railroad Administration

47.

Popular Title: Buy America Program Requirements

RIN 2130-AC23

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would establish regulations for FRAÂ ́s Buy America

requirements as part of the High-Speed Intercity Passenger Rail (HSIPR) program. The

Passenger Rail Investment and Improvement Act of 2008 (PRIIA) (Division B of Pub. L.

110-432) authorized the appropriation of funds to establish several new passenger rail grant

programs, including capital investment grants to support intercity passenger rail service

(Â§301), high-speed corridor development (Â§501), and congestion grants (Â§302). FRA

has consolidated these and other closely related programs into the HSIPR program, as

detailed in FRAÂ ́s HSIPR Interim Guidance (74 Fed. Reg. 29900 (June 23, 2009)) and FY

2010 Interim Guidance (75 Fed. Reg. 38344 and 38365 (July 1, 2010)). Spending authorized

under PRIIA is subject to the Buy America provision of 49 U.S.C. Â§ 24405(a). This

rulemaking would provide standards to govern FRAÂ ́s application of the Buy America

provision of 49 U.S.C. Â§ 24405(a) to all PRIIA-authorized spending as part of the HSIPR

program.

Effects:

None

Prompting action: Statute

Legal Deadline: None

Rulemaking Project Initiated: 09/14/2010
Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 02/21/2012 02/15/2012

To OMB 03/20/2012 04/13/2012

OMB Clearance 06/18/2012 07/13/2012

Publication Date 06/25/2012 07/24/2012

End of Comment Period 08/24/2012 09/24/2012

Explanation for any delay: N/A

Federal Register Citation for NPRM: None

Positive Train Control Systems Amendments (RRR) Green

Federal Railroad Administration

48.

Popular Title: Positive Train Control Systems Amendments (RRR)

RIN 2130-AC27

Stage: Final Rule

Previous Stage: NPRM: Publication Date 08/24/2011; End of Comment Period 10/24/2011.

Abstract: This rulemaking would modify or remove provisions relating to the alternative

route analysis and residual risk analysis used to determine whether Positive Train Control

System implementation may be avoided.

Effects:

Economically Significant

Major

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 03/02/2011

Docket Number:

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 02/03/2012 01/30/2012

To OMB 03/12/2012 03/08/2012

OMB Clearance 06/11/2012 04/10/2012

Publication Date 06/18/2012 04/19/2012

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Railroad System Safety Program Red

Federal Railroad Administration

49.

Popular Title: Railroad System Safety Program

RIN 2130-AC31

Stage: NPRM
Previous Stage:None

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.

Effects:

None

Prompting action: Statute

Legal Deadline: Final Rule : 10/16/2012

Rulemaking Project Initiated: 10/16/2008

Docket Number: FRA-2011-0060

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 12/30/2011 04/30/2012

To OMB 02/07/2012 05/29/2012

OMB Clearance 05/07/2012 08/27/2012

Publication Date 05/14/2012 09/04/2012

End of Comment Period 07/13/2012 11/05/2012

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

Positive Train Control Systems: De Minimis Exception, Yard Movements,

En Route Failures; Miscellaneous Grade Crossing/Signal and Train Control

Amendments (RRR)

Red

Federal Railroad Administration

50.

Popular Title: PTC Amendments Grade Crossing & Signal (RRR)

RIN 2130-AC32

Stage: NPRM

Previous Stage:None

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.

Effects:

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 06/01/2011

Docket Number: FRA-2011-0061

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date
To OST 12/30/2011 03/30/2012 03/30/2012

To OMB 02/07/2012 04/27/2012

OMB Clearance 05/07/2012 07/26/2012

Publication Date 05/14/2012 08/01/2012

End of Comment Period 07/13/2012 10/01/2012

Explanation for any delay: Awaiting development of additional data

Federal Register Citation for NPRM: None

Capital Project Management Green

Federal Transit Administration

Federal Transit Administration

51.

Popular Title: Capital Project Management

RIN 2132-AA92

Stage: Final Rule

Previous Stage: ANPRM: Publication Date 09/10/2009; End of C/P 11/09/2009; Extension

of C/P 11/10/2009; End of Extended C/P 01/08/2010. NPRM: Publication Date 9/13/2011;

End of C/P: 11/14/2011; End of Extended C/P: 12/02/2011

Abstract: This rulemaking would transform the FTAÂ ́s Project Management Oversight rule

at 49 CFR part 633 into a Capital Project Management rule governing all major capital

projects funded under 49 U.S.C. Chapter 53. The rulemaking would consider the appropriate

scope of such a rule; the definition of "major capital project"; the management capacity and

capability of project sponsors; the requirements for Project Management Plans; the use of

risk assessments in project development; and the role and responsibilities of FTA oversight

contractors.

Effects:

None

Prompting action: Statute

Legal Deadline: None

Rulemaking Project Initiated: 08/10/2005

Docket Number: FTA-2009-0030

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 07/03/2012

To OMB 08/01/2012

OMB Clearance 11/01/2012

Publication Date 12/04/2012

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Bus Testing: Updating Testing Procedures Red

Federal Transit Administration

52.

Popular Title: Bus Testing: Updating Testing Procedures

RIN 2132-AB01
Stage: Final Rule

Previous Stage: NPRM: Publication Date 03/14/2011;End of Comment Period

05/13/2011;Extension of Comment Period 05/19/2011;End of Extended Comment Period

06/15/2011.

Abstract: This rulemaking would amend FTAÂ ́s bus testing procedures to more accurately

reflect passenger loads by updating the average passenger weight to incorporate recent

statistical data. This action would affect those transit bus manufacturers who may need to

upgrade vehicle components or modify vehicle configurations to better accommodate

heavier weight loads.

Effects:

None

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 01/28/2010

Docket Number:

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 10/14/2011 11/02/2011 11/02/2011

To OMB 11/15/2011 01/31/2012 02/21/2012

OMB Clearance 02/15/2011 05/10/2012

Publication Date 02/22/2012 05/15/2012

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None

Major Capital Investment Projects (RRR) Red

Federal Transit Administration

53.

Popular Title: New Starts (RRR)

RIN 2132-AB02

Stage: Final Rule

Previous Stage: ANPRM: Publication Date 6/3/2010; End of Comment Period 8/2/2010.

Abstract: This rulemaking would create a new regulatory framework for FTAÂ ́s evaluation

and rating of projects seeking funding under the discretionary New Starts and Small Starts

programs authorized by 49 U.S.C. 5309. Specifically, the rulemaking would simplify

measures for assessing the mobility improvements and cost-effectiveness of projects; would

place greater emphasis on the environmental benefits and economic development effects of

projects; would clarify the criteria for assessing the local financial commitment of project

sponsors; would streamline the evaluation process for projects that remain within a certain

envelope of cost and scope during the project development process; and would provide a

very quick evaluation process for certain types of projects seeking funding under the Small

Starts program.

Effects:

Economically Significant

Major

Prompting action: Statute

Legal Deadline: Final Rule by : 04/07/2006
Rulemaking Project Initiated: 03/08/2010

Docket Number: FTA-2010-0009

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 06/15/2012

To OMB 07/17/2012

OMB Clearance 10/17/2012

Publication Date 10/31/2012

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Environmental Impact and Related Procedures (RRR) Green

Federal Transit Administration

54.

Popular Title: Environmental Impact

RIN 2132-AB03

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking proposes to establish a number of categorical exclusions (CE)

from the requirement that an environmental assessment or an environmental impact

statement be prepared under section 102 of the National Environmental Policy Act of 1969

(NEPA) for FTA-funded actions. The proposed CEs were developed after an extensive

effort, in line with Council on Environmental Quality guidance, to identify activities that

FTA believes do not have a significant effect on the environment. The proposed CEs covers

some of the same actions as existing CEs, but would provide a tool that would expedite the

delivery of transit projects without compromising environmental quality. The rulemaking

would also make targeted revisions to the joint FTA/FHWA NEPA regulation that would

only apply to FTA and would serve to support FTAÂ ́s focus on streamlining its

environmental process.

Effects:

None

Prompting action: Presidential Direction

Legal Deadline: None

Rulemaking Project Initiated: 09/15/2011

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 11/10/2011 11/08/2011

To OMB 12/09/2011 01/20/2012 01/12/2012

OMB Clearance 02/29/2012 02/21/2012

Publication Date 02/02/2012 03/08/2012 03/15/2012

End of Comment Period 04/02/2012 05/08/2012 05/14/2012

Explanation for any delay: N/A
Federal Register Citation for NPRM: None

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)

Red

Maritime Administration

Maritime Administration

55.

Popular Title: Cargo Preference (RRR)

RIN 2133-AB74

Stage: NPRM

Previous Stage: ANPRM: Publication Date 01/28/99; End of Comment Period 03/29/99;

Withdrawn 02/14/05

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 of the Cargo Preference regulations. This rulemaking would

cover P.L. 110-417, Section 3511, National Defense Authorization Act for FY2009 changes

to the cargo preference rules, which have not been substantially revised since 1971. The

rulemaking also would include compromise, assessment, mitigation, settlement, and

collection of civil penalties. 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 P.L. 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.

Effects:

Regulatory Flexibility Act

Information Collection

Foreign

Prompting action: 2011 Retrospective Regulatory Review

Legal Deadline: None

Rulemaking Project Initiated: 06/21/2008

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 09/15/2008 09/19/2008

Withdrawn from OST 11/15/2008

Resubmitted to OST 02/17/2012

To OMB 10/01/2008 04/19/2012

OMB Clearance 10/25/2008 06/25/2012

Publication Date 10/31/2008 07/06/2012

End of Comment Period 12/31/2008 09/05/2012

Explanation for any delay: Additional coordination necessary

Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: None
Federal Motor Vehicle Safety Standard No. 111, Rearview Mirrors (RRR) Red

National Highway Traffic Safety Administration

National Highway Traffic Safety Administration

56.

Popular Title: Rearview Visibility

RIN 2127-AK43

Stage: Final Rule

Previous Stage: ANPRM: Publication Date 03/04/09; End of Comment Period 05/04/09.

NPRM: Publication Date 12/07/2010; End of Comment Period 02/07/2011. NPRM Reopened Comment Period: Publication Date 03/02/2011; End of Re-opened Comment Period

04/18/2011.

Abstract: This rulemaking would amend Federal Motor Vehicle Standard No. 111; Rearview

Mirrors, to reflect requirements contained in the Cameron Gulbransen Kids Transportation

Safety Act of 2007. The Act requires that NHTSA expand the required field of view to

enable the driver of a motor vehicle to detect areas behind the motor vehicle to reduce death

and injury resulting from backing incidents, particularly incidents involving small children

and disabled persons. According to the Act, such a standard may be met by the provision of

additional mirrors, sensors, cameras, or other technology to expand the driverÂ ́s field of

view.

Effects:

Economically Significant

Major

EU

NAFTA

Foreign

Prompting action: Statute

Legal Deadline: FR per Letter to Congress : 12/31/2011

FR per 2nd Letter to Congress : 02/29/2012

FR per 3nd Letter to Congress : 12/31/2012

Initiate rulemaking : 02/28/2009

Final Rule : 02/28/2011

Rulemaking Project Initiated: 02/28/2008

Docket Number: NHTSA-2009-0041

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 08/10/2011 10/03/2011 10/03/2011

To OMB 09/24/2011 11/03/2011 11/14/2011

OMB Clearance 12/23/2011 12/23/2012

Publication Date 12/31/2011 12/31/2012

Explanation for any delay: Additional research and data analysis necessary.

Federal Register Citation for Final Rule: None

Require Installation of Seat Belts on Motorcoaches, FMVSS No. 208 Red

National Highway Traffic Safety Administration

57.

Popular Title: Seat Belts on Motorcoaches
RIN 2127-AK56

Stage: Final Rule

Previous Stage: NPRM: Publication Date 08/18/2010; End Of Comment Period 10/1/2010.

Abstract: This rulemaking would require the installation of lap/shoulder belts in newlymanufactured motorcoaches. Specifically, this rulemaking would establish a new definition

for motorcoaches in 49 CFR Part 571.3. It would also amend Federal Motor Vehicle Safety

Standard No. 208, Occupant Crash Protection, to require the installation of lap/shoulder belts

at all driver and passenger seating positions. It would also require the installation of

lap/shoulder belts at driver seating positions of large school buses in FMVSS No. 208. This

rulemaking responds, in part, to recommendations made by the National Transportation

Safety Board for improving bus safety.

Effects:

Economically Significant

Major

EU

NAFTA

Foreign

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 08/12/2009

Docket Number: NHTSA-2010-0112

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 09/14/2011 03/14/2012

To OMB 10/26/2011 04/26/2012

OMB Clearance 01/25/2012 07/25/2012

Publication Date 01/30/2012 07/30/2012

Explanation for any delay: Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None

Alternative Fuel Vehicle Badging and Fuel Compartment Labels on

Alternative Fuel Usage

Red

National Highway Traffic Safety Administration

58.

Popular Title: Alternative Fuel Usage Labeling & Badging

RIN 2127-AK75

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would respond to requirements of the Energy Independence and

Security Act of 2007 (EISA), Title 1, Subtitle A, Section 105, as it amends 49 USC Â§

32908, to implement Consumer Information and Consumer Education programs related to

fuel economy, GHG, other emissions, and alternative fuels. EISA directs the Secretary of

Transportation to label vehicles with a permanent and prominent display that an automobile

is capable of operating on alternative fuels, and to include in the ownerÂ ́s manual for

vehicles capable of operating on alternative fuels information that describes that capability

and the benefits of using alternative fuels, including the renewable nature and environmental

benefits of using alternative fuels. Additionally, EISA requires a label to be attached to the
fuel compartment of vehicles capable of operating on alternative fuels, with the form of

alternative fuel stated on the label. EISA, signed into Law on December 19, 2007, requires

that the Secretary issue a final rule not later than 42 months after the date of the enactment.

Effects:

EU

NAFTA

Foreign

Prompting action: Statute

Legal Deadline: Final rule : 06/19/2011

Rulemaking Project Initiated: 12/19/2007

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 07/19/2010 04/17/2012

To OMB 08/26/2010 05/29/2012

OMB Clearance 11/25/2010 08/28/2012

Publication Date 11/30/2010 08/30/2012

End of Comment Period 01/31/2011 10/30/2012

Explanation for any delay: Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: None

Tire Fuel Efficiency Consumer Information - Part 2 Green

National Highway Traffic Safety Administration

59.

Popular Title: Tire Fuel Efficiency Part 2

RIN 2127-AK76

Stage: SNPRM

Previous Stage: NPRM: Publication Date 06/22/2009; Comment Period End 08/21/2009.

Abstract: This rulemaking would respond to requirements of the Energy Independence &

Security Act of 2007 to establish a national tire fuel efficiency consumer information

program for replacement tires designed for use on motor vehicles. On March 30, 2010,

NHTSA published a final rule specifying the test procedures to be used to rate the

performance of replacement passenger car tires for this new program (75 FR 15893). This

rulemaking would address how this information would be made available to consumers. A

SNPRM was originally scheduled for 12/31/2011.

Effects:

EU

NAFTA

Foreign

Prompting action: Statute

Legal Deadline: None

Rulemaking Project Initiated: 12/19/2007

Docket Number: NHTSA-2011-0099

Dates for SNPRM:

Milestone Originally 

Scheduled

New 

Projected

Actual

Date
Date Date

To OST 04/03/2012

To OMB 05/14/2012

OMB Clearance 08/13/2012

Publication Date 08/15/2012

End of Comment Period 10/15/2012

Explanation for any delay: Awaiting development of additional data

Federal Register Citation for SNPRM: None

Passenger Car and Light Truck Corporate Average Fuel Economy

Standards MYs 2017 and Beyond (RRR)

Red

National Highway Traffic Safety Administration

60.

Popular Title: CAFE 2017 and Beyond

RIN 2127-AK79

Stage: NPRM

Previous Stage: Notice of Intent: 10/13/2010. Supplemental Notice of Intent: Publication

Date 12/08/2010. Supplemental Notice of Intent: Signed by DOT Secretary and EPA

Administrator 7/29/2011.

Abstract: This rulemaking would establish Corporate Average Fuel Economy (CAFE)

standards for light trucks and passenger cars for model years 2017 and beyond. This

rulemaking would respond to requirements of the Energy Policy and Conservation Act, as

amended by the Energy Independence and Security Act of 2007. The statute requires that

CAFE standards be prescribed separately for passenger automobiles and non-passenger

automobiles to achieve a combined fleet fuel economy of at least 35 mpg by model year

2020. For model years 2021 and beyond, the statute requires that the average fuel economy

required to be attained by each fleet of passenger and non-passenger automobiles be the

maximum feasible for each model year. The law requires the standards be set at least 18

months prior to the start of the model year. On May 21, 2010, President Obama issued a

memorandum directing NHTSA and EPA to conduct a joint rulemaking (NHTSA regulating

fuel economy and EPA regulating greenhouse gas emissions), and to issue a Notice of Intent

to Issue a Proposed Rule (NOI) by September 30, 2010.

Effects:

Economically Significant

Major

EIS 

EU

NAFTA

Foreign

Prompting action: Statute

Legal Deadline: Final rule: : 04/01/2015

Rulemaking Project Initiated: 05/27/2010

Docket Number: NHTSA-2010-0131

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 06/15/2011 10/12/2011 10/14/2011

To OMB 07/15/2011 10/25/2011 10/14/2011
OMB Clearance 08/29/2011 11/10/2011 11/16/2011

Publication Date 09/01/2011 11/15/2011 12/01/2011

End of Comment Period 11/01/2011 01/30/2012 01/30/2012

Extension of Comment Period 01/13/2012

End of Extended Comment Period 02/13/2012

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: 77 FR 2028

Mandatory Part 563 Event Data Recorder Requirements (RRR) Yellow

National Highway Traffic Safety Administration

61.

Popular Title: Mandatory EDR Requirements

RIN 2127-AK86

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would establish a new Federal motor vehicle safety standard to

mandate the installation of Event Data Recorders (EDR) in light vehicles. The standard

would incorporate the current 49 CFR Part 563, which established the current reporting

requirement of voluntarily installed EDRs in light vehicles. Part 563 presently requires

vehicle manufacturers who are voluntarily installing EDRs to be in compliance with the

regulation by September 1, 2012. This rulemaking would not affect the 2012 compliance date

for voluntarily-installed EDRs. Furthermore, this rulemaking would not modify any of the

Part 563 data elements, data capture and format requirements, data retrieval specifications, or

data survivability and crash test requirements. Moreover, this rulemaking to mandate EDRs

across the entire light vehicle fleet could contribute to advancements in vehicle designs, and

advanced restraint and other safety countermeasures. The estimated total incremental costs

associated with this rulemaking would be $24.4 million (2009 dollars), which is measured

from a baseline of 91.6 percent EDR installation to 100 percent installation, assuming the

sale of 15.5 million light vehicles per year.

Effects:

None

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 02/22/2011

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 06/15/2011 09/20/2011 09/13/2011

To OMB 07/26/2011 01/03/2012 02/01/2012

OMB Clearance 10/25/2011 05/25/2012

Publication Date 10/31/2011 05/31/2012

End of Comment Period 12/31/2011 07/31/2012

Explanation for any delay: N/A

Federal Register Citation for NPRM: None

National Highway Traffic Safety Administration
62. Upgrade of Event Data Recorder Requirements Red

Popular Title: Light Vehicle Upgrade of EDR Requirements

RIN 2127-AK87

Stage: Undetermined

Previous Stage:None

Abstract: This rulemaking would expand the utility of the amount and type of data Event

Data Recorders (EDRs) capture in light vehicles in the event of a crash. The rulemaking

would consider requiring some of the optional data elements specified in 49 CFR Part 563.

Part 563 established the current reporting requirement of voluntarily installed EDRs in light

vehicles. In addition, this rulemaking would make revisions to the optional data elements to

account for the latest advances in vehicle safety. Part 563 presently requires vehicle

manufacturers who are voluntarily installing EDRs to be in compliance with the regulation

by September 1, 2012. In a separate rulemaking (2127-AK86 Mandatory Part 563 Event

Data Recorder Requirements), the agency would propose requiring that all light vehicles

comply with the requirements specified in current 49 CFR 563. This rulemaking would seek

additional information from the public and expand upon that initiative. Moreover, this

rulemaking would contribute to advancements in vehicle designs, advanced restraints and

other safety countermeasures. The costs are expected to be minimal since some vehicle

manufacturers presently capture additional data beyond Part 563 in their EDRs. Originally,

an ANPRM was scheduled for 12/31/2011.

Effects:

None

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 02/22/2011

Docket Number:

Dates for Undetermined:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST

To OMB

OMB Clearance

Publication Date

End of Comment Period

Explanation for any delay: Lack of resources

Federal Register Citation for Undetermined: None

Heavy Vehicle Speed Limiters Red

National Highway Traffic Safety Administration

63.

Popular Title: Heavy Vehicle Speed Limiters

RIN 2127-AK92

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would respond to petitions from ATA and Roadsafe America to

require the installation of speed limiting devices on heavy trucks. In response, NHTSA

requested public comment on the subject and received thousands of comments supporting the
petitionerâ€TMs request. Based on the available safety data and the ancillary benefit of

reduced fuel consumption, this rulemaking would consider a new Federal Motor Vehicle

Safety Standard that would require the installation of speed limiting devices on heavy trucks.

We believe this rule would have minimal cost, as all heavy trucks already have these devices

installed, although some vehicles do not have the limit set. This rule would decrease the

estimated 8991 fatalities caused by crashes involving heavy trucks and buses. It would also

increase the fleet fuel efficiency of these vehicles.

Effects:

Economically Significant

Major

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 03/18/2011

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 08/11/2011 04/11/2012

To OMB 09/24/2011 05/24/2012

OMB Clearance 12/23/2011 08/23/2012

Publication Date 12/31/2011 08/30/2012

End of Comment Period 03/02/2012 10/30/2012

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

Sound for Hybrid and Electric Vehicles Green

National Highway Traffic Safety Administration

64.

Popular Title: Quieter Vehicles Sound Alert

RIN 2127-AK93

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would respond to The Pedestrian Safety Enhancement Act of

2010, which directs the Secretary of Transportation to study and establish a motor vehicle

safety standard that provides for a means of alerting blind and other pedestrians of motor

vehicle operation. NHTSA is conducting research in this area and has not yet developed an

estimate for the potential costs and benefits associated with this rulemaking action.

Effects:

Economically Significant

Major

EU

NAFTA

Foreign

Prompting action: None

Legal Deadline: Initiate rulemaking : 07/05/2012

Final Rule : 01/03/2014

Rulemaking Project Initiated: 03/18/2011
Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 02/14/2012 03/07/2012

To OMB 03/27/2012

OMB Clearance 06/27/2012

Publication Date 07/05/2012

End of Comment Period 09/05/2012

Explanation for any delay: N/A

Federal Register Citation for NPRM: None

Motorcoach Rollover Structural Integrity Red

National Highway Traffic Safety Administration

65.

Popular Title: Motorcoach Rollover Structural Integrity

RIN 2127-AK96

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would promulgate a new FMVSS for rollover structural integrity

requirements for motorcoaches. In August 2007, NHTSA published a motorcoach safety

plan identifying four specific priority items: seat belts on motorcoaches, rollover structural

integrity, emergency evacuation, and fire safety. The DOT published a comprehensive

motorcoach safety action plan in November 2009 that reiterated NHTSAâ€TMs motorcoach

safety priorities. This rulemaking also addresses 6 recommendations issued by the NTSB on

motorcoach roof strength and structural integrity.

Effects:

None

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 03/18/2011

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 08/12/2011 10/28/2011 11/10/2011

To OMB 09/23/2011 01/26/2012

OMB Clearance 12/23/2011 04/25/2012

Publication Date 12/30/2011 04/30/2012

End of Comment Period 03/02/2012 06/30/2012

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

Electronic Stability Control Systems for Heavy Vehicles Red

National Highway Traffic Safety Administration

66.
Popular Title: Truck Tractor Electronic Stability Control

RIN 2127-AK97

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would promulgate a new Federal standard that would require

stability control systems on truck tractors and motorcoaches that address both rollover and

loss of control crashes, after an extensive research program to evaluate the available

technologies, an evaluation of the costs and benefits, and a review of manufacturerÂ ́s

product plans. Rollover and loss of control crashes involving heavy vehicles is a serious

safety issue that is responsible for 304 fatalities and 2,738 injuries annually. They are also a

major cause of traffic tie-ups, resulting in millions of dollars of lost productivity and excess

energy consumption each year. Suppliers and truck and motorcoach manufacturers have

developed stability control technology for heavy vehicles to mitigate these types of crashes.

Our preliminary estimate produces an effectiveness range of thirty-seven to fifty-six percent

against single-vehicle tractor-trailer rollover crashes and three to fourteen percent against

loss of control crashes that result from skidding on the road surface. With these effectiveness

estimates, annually, we estimate 29 - 66 lives would be saved, 517 - 979 MAIS 1-5 injuries

would be reduced, and 810 - 1,693 crashes that involved property damage only would be

eliminated. Additionally, it would save $10 - $26 million in property damage and travel

delays. Based on the technology unit costs and affected vehicles, we estimate technology

costs would be $55 to 107 million, annually. However, the costs savings from reducing travel

delay and property damage would produce net benefits of $128 - $372 million.

Effects:

Economically Significant

Major

Federalism 

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 03/18/2011

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 05/11/2011 08/12/2011 09/28/2011

To OMB 06/23/2011 11/25/2011 12/09/2011

OMB Clearance 09/23/2011 03/30/2012

Publication Date 09/30/2011 04/30/2012

End of Comment Period 11/30/2011 06/30/2012

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

FMVSS No. 218 and Enforcement Policy Concerning Novelty Helmets Red

National Highway Traffic Safety Administration

67.

Popular Title: Novelty Helmets Enforcement

RIN 2127-AL01

Stage: NPRM

Previous Stage:None
Abstract: This rulemaking would reduce the sale and use of novelty motorcycle helmets.

The rulemaking would set forth an interpretation that clarifies that novelty helmets are within

the reach of 49 USC 30102(a)(7), motor vehicle equipment. In addition, this rulemaking

would propose preliminary screening requirements that could be used by laboratories, law

enforcement, or Customs and Border Protection to identify helmets that are not designed to

comply with FMVSS No. 218.

Effects:

EU

NAFTA

Foreign

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 04/21/2011

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 10/12/2011 04/12/2012

To OMB 11/23/2011 05/23/2012

OMB Clearance 02/22/2012 08/22/2012

Publication Date 02/29/2012 08/30/2012

End of Comment Period 04/30/2012 10/30/2012

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

Part 571 FMVSS No. 205, Glazing Materials, GTR (RRR) Yellow

National Highway Traffic Safety Administration

68.

Popular Title: Window Glazing (RRR)

RIN 2127-AL03

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would enhance FMVSS No. 205 by adopting a Global Technical

Regulation (GTR), which contains updated performance tests for glazing materials that are

composed of glass, laminated glass, or glass faced with plastic compared to what is currently

in FMVSS No. 205. The tests in the GTR would allow manufacturers to achieve efficiencies

in the certification process while not degrading safety or imposing new burdens.

Effects:

EU

NAFTA

Foreign

Prompting action: 2011 Retrospective Regulatory Review

Legal Deadline: None

Rulemaking Project Initiated: 04/22/2011

Docket Number:

Dates for NPRM:

Milestone Originally New Actual
Scheduled

Date

Projected

Date

Date

To OST 02/13/2012 03/13/2012 02/29/2012

To OMB 03/26/2012 09/26/2012

OMB Clearance 06/25/2012 12/25/2012

Publication Date 06/30/2012 12/30/2012

End of Comment Period 08/29/2012 02/28/2013

Explanation for any delay: Other, higher priorities

Federal Register Citation for NPRM: None

Protection of Sensitive Security Information Red

Office of the Secretary

Office of the Secretary

69.

Popular Title: SSI-TSA

RIN 2105-AD59

Stage: Undetermined

Previous Stage: Interim Final Rule: Publication Date 05/18/2004; End of Comment Period

07/19/2004.

Abstract: This rulemaking would finalize a May 2004 interim final rule and respond to any

comments received on that action. This is a joint rulemaking between DOT and the

Transportation Security Administration. A final rule was originally scheduled for 10/31/06.

Effects:

None

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 09/02/2002

Docket Number: TSA-2003-15569

Dates for Undetermined:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST

To OMB

OMB Clearance

Publication Date

End of Comment Period

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Undetermined: None

Prioritization and Allocation Authority Exercised By the Secretary of

Transportation Under the Defense Production Act

Red

Office of the Secretary

70.

Popular Title: Defense Production Act (DPA)

RIN 2105-AD83
Stage: Final Rule

Previous Stage: NPRM: Publication Date 02/15/2011; End of Comment Period 03/17/2011.

Abstract: This rulemaking would clarify the prioritization and allocation authorities

exercised by the Secretary of Transportation under the Defense Production Act (DPA). The

DPA is the PresidentÂ ́s primary authority to ensure timely availability of private sector

resources for national defense. In addition to military and energy activities, the definition of

"national defense" includes emergency preparedness activities conducted pursuant to Title

VI of The Robert T. Stafford Disaster Relief and Emergency Assistance Act and the

protection and restoration of critical infrastructure. Under Title I of the DPA, the President

has the authority to require the acceptance and prioritization of contracts and orders -- and to

allocate materials, services, and facilities -- in support of the national defense. Under Section

201 of Executive Order 12919, the President has delegated these prioritization and allocation

authorities to the Secretary of Transportation for all forms of civil transportation. In the 2009

DPA reauthorization legislation, Congress mandated that each Federal agency with delegated

authority under Title I of the DPA develop final rules that establish standards and procedures

for implementing its delegated authority in emergency and nonemergency conditions.

Additionally, Congress mandated that, to the extent practicable, the rules be consistent and

unified. DOT is part of an interagency working group, along with the other delegated

agencies, that is developing consistent unified rules.

Effects:

Information Collection

Prompting action: Statute

Legal Deadline: Final rule : 06/27/2010

Rulemaking Project Initiated: 01/07/2009

Docket Number:

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 09/15/2011 09/22/2011 08/18/2011

To OMB 10/17/2011 11/17/2011 11/17/2011

OMB Clearance 01/17/2012 04/27/2012

Publication Date 01/31/2012 05/11/2012

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Use of the Seat-Strapping Method for Carrying a Wheelchair on an

Aircraft

Yellow

Office of the Secretary

71.

Popular Title: Seat-Strapping

RIN 2105-AD87

Stage: Final Rule

Previous Stage: NPRM: Publication Date 06/03/2011; End of Comment Period 08/02/2011.

Abstract: This rulemaking would address whether carriers should be allowed to utilize the

seat-strapping method to stow a passengerÂ ́s wheelchair in the aircraft cabin.

Effects:

Regulatory Flexibility Act

Prompting action: None
Legal Deadline: None

Rulemaking Project Initiated: 04/30/2009

Docket Number:

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 11/09/2011 04/02/2012 02/23/2012

To OMB 12/21/2011 04/30/2012

OMB Clearance 03/20/2012 07/30/2012

Publication Date 04/03/2012 08/13/2012

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Stowage of Wheelchairs, other Mobility Aids and other Assistive Devices Red

Office of the Secretary

72.

Popular Title: Stowage and Assistive Devices

RIN 2105-AD90

Stage: Undetermined

Previous Stage:None

Abstract: This rulemaking would amend 14 CFR Part 382 (Part 382) by including Subpart I

(14 CFR 382.121-382.133) in the list of subparts with which a U.S. carrier must comply

with respect to passengers traveling under its code on flights operated by a foreign carrier

between two foreign points. This rulemaking would also amend Part 382 to eliminate the

labeling requirements for FAA approved portable oxygen concentrators and specify that

ventilators, respirators and Continuous Positive Airway Pressure (CPAP) machines must be

allowed for use in the passenger cabin as long as they comply with applicable safety,

security, and hazardous materials rules. In addition, this rule would amend the provision in

Part 382 that allows carriers to require a passenger who wishes to use an FAA-approved

portable oxygen concentrator in the aircraft cabin to provide a medical certificate dated

within 10 days of the passengerÂ ́s initial flight.

Effects:

EU

NAFTA

Foreign

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 03/02/2009

Docket Number:

Dates for Undetermined:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST

To OMB

OMB Clearance

Publication Date
End of Comment Period

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Undetermined: None

Accessibility of Airports Green

Office of the Secretary

73.

Popular Title: Accessibility of Airports

RIN 2105-AD91

Stage: Final Rule

Previous Stage: NPRM: Publication Date 09/29/2011; End of Comment Period 11/28/2011.

Abstract: The rulemaking would include new provisions related to service animal relief

areas and closed captioning of televisions and audio-visual displays for airports that mirror

the new requirements applicable to airlines set forth in the amended 14 CFR Part 382. It

would also reorganize the provision in 49 CFR Part 27 regarding lifts used to transfer

disabled passengers to and from the tarmac.

Effects:

EU

NAFTA

Foreign

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 01/03/2009

Docket Number:

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 07/23/2012

To OMB 08/20/2012

OMB Clearance 11/19/2012

Publication Date 12/04/2012

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Accessibility of Carrier Websites and Ticket Kiosks Green

Office of the Secretary

74.

Popular Title: ACAA SNPRM 1

RIN 2105-AD96

Stage: Final Rule

Previous Stage: NPRM: Publication Date 06/08/2010; Comment Period End 08/09/2010.

SNPRM: Publication Date 09/26/2011; End of Comment Period 11/25/2011; Extension of

Comment Period 11/21/2011; End of Extended Comment Period 01/09/2012.

Abstract: This rulemaking was divided into two successive Air Carrier Access Act (ACAA)

rulemakings. This one, as well as the second rulemaking (2105-AE12), address issues raised

in another rulemaking RIN: 2105-AD92. This rulemaking would consider: (1) the cost and

technical issues involved in requiring carrier website accessibility; and (2) whether

automated kiosks operated by carriers at airports and elsewhere should be required to be
accessible. After the public comment periods, we intend to consolidate the final decisions in

this rulemaking and RIN: 2105-AE12 into one document.

Effects:

None

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 09/15/2009

Docket Number:

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 05/07/2012

To OMB 06/08/2012

OMB Clearance 09/07/2012

Publication Date 09/14/2012

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Smoking of Electronic Cigarettes On Commercial Aircraft Green

Office of the Secretary

75.

Popular Title: E-Cigarette

RIN 2105-AE06

Stage: Final Rule

Previous Stage: NPRM: Publication Date 09/15/2011; End of Comment Period 11/14/2011.

Abstract: This rulemaking would amend the general regulatory language in 14 CFR Part 252

to explicitly ban the smoking of electronic cigarettes on air carrier and foreign air carrier

flights in scheduled intrastate, interstate, and foreign air transportation.

Effects:

Foreign

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 11/04/2010

Docket Number:

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 04/10/2012

To OMB 05/08/2012

OMB Clearance 08/06/2012

Publication Date 08/20/2012

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Office of the Secretary
76. Enhancing Airline Passenger Protections III Red

Popular Title: Airline Psgr. Protections III

RIN 2105-AE11

Stage: SNPRM

Previous Stage: NPRM: Publication Date 12/08/2008; Comment Period End 02/06/2009.

NPRM Extension of Comment Period: Publication date 02/06/2009; Extension of Comment

Period End 03/09/2009.

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 website schedule

disclosure of code-share operations; (3) whether the Department should expand the on-time

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 agentâ€TMs internet displays; (7) whether the Department should

require additional or special disclosures regarding certain substantial fees, e.g., 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.

Effects:

Regulatory Flexibility Act

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 04/18/2011

Docket Number:

Dates for SNPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 08/30/2011 04/17/2012

To OMB 09/30/2011 05/18/2012

OMB Clearance 12/30/2011 08/02/2012

Publication Date 01/06/2012 08/10/2012

End of Comment Period 03/06/2012 10/10/2012

Explanation for any delay: Awaiting development of additional data

Federal Register Citation for SNPRM: None

Carrier-Supplied Medical Oxygen, Accessible In-Flight Entertainment

Systems, Service Animals, and Accessible Lavatories on Single-Aisle Aircraft

Red

Office of the Secretary

77.
Popular Title: ACAA SNPRM 2

RIN 2105-AE12

Stage: SNPRM

Previous Stage: NPRM: Publication Date 06/08/2010; Comment Period End 08/09/2010.

Abstract: This rulemaking is the one of two successive Air Carrier Access Act (ACAA)

rulemakings that address issues raised in another rulemaking RIN: 2105-AD92. The second

rulemaking is RIN: 2105-AD96. This rulemaking action would consider (1) whether there

are safety-related reasons for excluding service animals other than dogs that may be specific

to foreign carriers; (2) whether the cost of requiring carriers to supply free in-flight medical

oxygen would create an undue burden; and (3) whether providing high-contrast captioning

on in-flight entertainment displays is technically and economically feasible. It would also

address accessible lavatories on single-aisle aircraft and a rulemaking petition from the

Psychiatric Service Dog Society to eliminate provisions allowing carriers to require

documentation and 48 hours advance notice for users of psychiatric service animals, and

miscellaneous service animal issues. After the public comment periods, we intend to

consolidate the final decisions in this rulemaking and RIN: 2105-AD96 into one document.

Effects:

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 04/25/2011

Docket Number:

Dates for SNPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 06/27/2011 05/09/2012

To OMB 07/30/2011 06/01/2012

OMB Clearance 10/25/2011 09/04/2012

Publication Date 10/31/2011 09/10/2012

End of Comment Period 12/31/2011 11/09/2012

Explanation for any delay: Additional coordination necessary

Awaiting development of additional data

Unanticipated issues requiring further analysis

Federal Register Citation for SNPRM: None

Transportation for Individuals with Disabilities: Reasonable Modification Green

Office of the Secretary

78.

Popular Title: ADA: Reasonable Accommodation

RIN 2105-AE15

Stage: Final Rule

Previous Stage: None.

Abstract: This action continues a rulemaking initiated under RIN 2105-AD54. It would add

to the DepartmentÂ ́s ADA regulations a requirement, parallel to that in other DOT and

Department of Justice ADA rules, that regulated entities reasonably modify policies and

practices where necessary to ensure nondiscriminatory transportation services for individuals

with disabilities, except where doing so would fundamentally alter the service.
Effects:

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 02/06/2006

Docket Number:

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 04/15/2012

To OMB 05/15/2012

OMB Clearance 08/15/0201

Publication Date 08/31/2012

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Hazardous Materials; Combination Packages Containing Liquids Intended

for Transport by Aircraft

Red

Pipeline and Hazardous Materials Safety Administration

Pipeline and Hazardous Materials Safety Administration

79.

Popular Title: Air Packaging

RIN 2137-AE32

Stage: Final Rule

Previous Stage: ANPRM: Publication 7/07/2008; End of Comment Period 9/5/2008.

NPRM: Publication 5/14/2010; End of Comment Period 7/13/2010.

Abstract: Incident data and testing conducted on behalf of DOT indicate many combination

packagings authorized for the transportation of hazardous materials may not withstand

conditions normally incident to air transportation. PHMSA is considering measures to reduce

the incidence of package failures and to minimize the consequences of failures should they

occur. This rulemaking would require additional measures to verify packaging integrity, such

as performance testing, and revisions to packaging requirements, such as the addition of

liners or absorbent material.

Effects:

EU

NAFTA

Foreign

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 06/04/2007

Docket Number: PHMSA-07-29364

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 01/21/2011 01/24/2012 03/13/2012
To OMB 02/16/2011 04/30/2012

OMB Clearance 05/17/2011 07/30/2012

Publication Date 05/24/2011 08/08/2012

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None

Hazardous Materials: Bulk Loading and Unloading Operations Red

Pipeline and Hazardous Materials Safety Administration

80.

Popular Title: Loading/Unloading

RIN 2137-AE37

Stage: Final Rule

Previous Stage: NPRM: Publication Date 03/11/2011; End of Comment Period 05/10/2011.

End of extended Comment Period 06/09/2011.

Abstract: This rulemaking would amend the Hazardous Materials Regulations to require

each person (i.e., carrier or facility) who engages in cargo tank loading or unloading

operations to perform a risk assessment of the loading and unloading operation and develop

and implement safe operating procedures based upon the results of the risk assessment.

These amendments would include the operational procedures requirements to address several

aspects of loading and unloading, including provisions for facilities to develop maintenance

testing programs for transfer equipment (i.e., hose maintenance programs) used to load or

unload cargo tank motor vehicles (CTMVs). In addition, this rulemaking would require each

employee who engages in cargo tank loading or unloading operations to receive training and

be evaluated on the employeeÂ ́s qualifications to perform loading or unloading functions.

This rulemaking would reduce the risk associated with the loading and unloading of cargo

tank motor vehicles that contain hazardous materials.

Effects:

Information Collection

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 10/28/2008

Docket Number: PHMSA-2007-28119

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 12/26/2011 04/06/2012

To OMB 02/02/2012 05/04/2012

OMB Clearance 05/02/2012 08/02/2012

Publication Date 05/11/2012 08/14/2012

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None

Pipeline Safety: Enforcement of State Excavation Damage Laws Red

Pipeline and Hazardous Materials Safety Administration

81.

Popular Title: Pipeline Safety: Excavation Damage Laws

RIN 2137-AE43

Stage: NPRM
Previous Stage: ANPRM: Publication 10/29/2009; End of Comment Period 12/14/2009.

Abstract: The PIPES Act provides PHMSA with the authority to enforce excavation damage

laws in those states that have inadequate enforcement. This rulemaking would consider

standards for excavators and operators to follow when conducting excavation in a vicinity of

a pipeline and the administrative procedures to be used for enforcement proceedings.

Effects:

None

Prompting action: Statute

Legal Deadline: None

Rulemaking Project Initiated: 03/30/2009

Docket Number: PHMSA 2009-0192

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 03/01/2011 05/06/2011 06/02/2011

To OMB 04/04/2011 09/21/2011 09/22/2011

OMB Clearance 07/05/2011 03/08/2012 03/14/2012

Publication Date 07/12/2011 03/14/2012

End of Comment Period 09/13/2011 06/12/2012

Explanation for any delay: N/A

Federal Register Citation for NPRM: None

Hazardous Materials: Revisions to Requirements for the Transportation of

Lithium Batteries

Red

Pipeline and Hazardous Materials Safety Administration

82.

Popular Title: Transportation of Lithium Batteries

RIN 2137-AE44

Stage: Final Rule

Previous Stage: NPRM: Publication Date 1/11/2010; End of Comment Period 3/12/2010.

Abstract: This rulemaking would amend the Hazardous Materials Regulations to

comprehensively address the safe transportation of lithium cells and batteries. The intent of

the rulemaking is to strengthen the current regulatory framework by imposing more effective

safeguards, including design testing to address risks related to internal short circuits, and

enhanced packaging, hazard communication, and operational measures for various types and

sizes of lithium batteries in specific transportation contexts. The rulemaking responds to

several recommendations issued by the National Transportation Safety Board.

Effects:

Regulatory Flexibility Act

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 03/26/2009

Docket Number: PHMSA-2009-0095

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date
Draft Rulemaking Documents Complete 05/24/2012

Preliminary DOT-wide Coordination Complete 06/25/2012

Associate Administrator & Chief Counsel Review Complete 07/23/2012

Administrator Approval 08/22/2012

To OST 08/29/2012

Concurrences Due to OST 08/29/2012

To C-1 09/03/2012

To S-1 09/06/2012

To OMB 09/19/2012

OMB Clearance 12/18/2012

Publication Approved 12/21/2012

Publication Date 12/28/2012

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Hazardous Materials: Combustible Liquids Red

Pipeline and Hazardous Materials Safety Administration

83.

Popular Title: Combustible Liquids

RIN 2137-AE52

Stage: Undetermined

Previous Stage: ANPRM: Publication Date 04/05/2010; End of Comment Period

07/06/2010.

Abstract: This rulemaking would consider the transportation of combustible liquids and

whether the Hazardous Materials Regulations (HMR) should harmonize domestic regulations

with international standards. Additionally, it would examine ways to revise, clarify, or relax

certain regulatory requirements to facilitate the transportation of combustible liquids while

maintaining an adequate level of safety. However, after a thorough review of the issues,

PHMSA has decided to withdraw this rulemaking action because the benefits of each option

considered did not outweigh the costs. The decision to withdraw the NPRM was made on

1/4/2012, and the withdrawal notice is scheduled for April 2012.

Effects:

EU

NAFTA

Foreign

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 01/30/2009

Docket Number: PHMSA-2009-0241

Dates for Undetermined:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST

To OMB

OMB Clearance

Publication Date
End of Comment Period

Explanation for any delay: N/A

Federal Register Citation for Undetermined: None

Hazardous Materials: Safety Requirements for External Product Piping on

Cargo Tanks Transporting Flammable Liquids (Wetlines)

Red

Pipeline and Hazardous Materials Safety Administration

84.

Popular Title: Wetlines

RIN 2137-AE53

Stage: Final Rule

Previous Stage: NPRM: Publication Date 01/27/2011; End of Comment Period 03/28/2011.

NPRM: Extension of Comment Period 03/17/2011; End of Extended Comment Period

04/27/2011.

Abstract: The rulemaking would amend the Hazardous Materials Regulations to prohibit

flammable liquids from being transported in unprotected product piping on existing and

newly manufactured DOT specification cargo tank motor vehicles.

Effects:

None

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 09/01/2009

Docket Number: PHMSA-2009-0303

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 12/26/2011 04/06/2012

To OMB 02/02/2012 05/04/2012

OMB Clearance 05/02/2012 08/02/2012

Publication Date 05/11/2012 08/14/2012

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Pipeline Safety: Safety of On-Shore Liquid Hazardous Pipelines Red

Pipeline and Hazardous Materials Safety Administration

85.

Popular Title: Liquid Hazardous Pipelines

RIN 2137-AE66

Stage: NPRM

Previous Stage: ANPRM: Publication Date 10/18/2010; Extension of Comment Period

01/04/2011; End of Comment Period 01/18/2011; End of Extended Comment Period

02/18/2011.

Abstract: This rulemaking would address 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 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.

Effects:

Economically Significant

Major

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 08/13/2010

Docket Number: PHMSA-2010-0229

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 11/18/2011 02/29/2012

To OMB 12/16/2011 03/30/2012

OMB Clearance 03/19/2012 06/29/2012

Publication Date 03/30/2012 07/10/2012

End of Comment Period 05/30/2012 09/10/2012

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

Hazardous Materials: Revision of Requirements for Fireworks Approvals Red

Pipeline and Hazardous Materials Safety Administration

86.

Popular Title: Fireworks Approvals

RIN 2137-AE70

Stage: NPRM

Previous Stage: None

Abstract: This rulemaking would amend the HMR by revising and clarifying requirements

for the examination, testing, certification, and transportation of fireworks. This action would

include consolidating the fireworks requirements into one section, limiting fireworks

approvals to manufacturers only, requiring manufacturers to assign a unique "product

identification number" to each firework, require 1.3G and 1.4G fireworks to be examined by

authorized test labs, and implement an on-line application process.

Effects:

None

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 09/27/2010

Docket Number: PHMSA-2010-0320

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 08/22/2011 05/15/2012
To OMB 09/29/2011 06/12/2012

OMB Clearance 12/30/2011 09/10/2012

Publication Date 01/19/2012 09/20/2012

End of Comment Period 04/19/2012 11/19/2012

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

Pipeline Safety: Excess Flow Valves In Applications Other Than SingleFamily Residences in Gas Distribution SystemsRed

Pipeline and Hazardous Materials Safety Administration

87.

Popular Title: Excess Flow Valves

RIN 2137-AE71

Stage: ANPRM

Previous Stage: None

Abstract: This rulemaking would require excess flow valves (EFVs) be installed in all new

and renewed gas service lines, for structures other than single family dwellings, when the

operating conditions are compatible with readily available valves. These changes would be

in response to NTSB and PHMSA investigations of current EFV installation practices. The

intended effect of the rule is to increase the level of safety for structures other than single

family dwellings currently subject to Federal pipeline safety regulation. This rulemaking was

recently upgraded to significant.

Effects:

None

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 10/01/2010

Docket Number: PHMSA-2011-0009

Dates for ANPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 06/02/2011 07/29/2011

To OMB 06/30/2011 09/16/2011 09/26/2011

OMB Clearance 07/14/2011 11/04/2011 11/02/2011

Publication Date 07/25/2011 11/17/2011 11/25/2011

End of Comment Period 10/25/2011 01/19/2012 02/18/2012

Extension of Comment Period 02/02/2012

End of Extended Comment Period 03/19/2012

Explanation for any delay: Additional coordination necessary

Federal Register Citation for ANPRM: None

Pipeline Safety: Gas Transmission Red

Pipeline and Hazardous Materials Safety Administration

88.

Popular Title: Gas Transmission

RIN 2137-AE72

Stage: ANPRM
Previous Stage: None

Abstract: In this rulemaking PHMSA will be revisiting the requirements in the Pipeline

Safety Regulations addressing integrity management principles for Gas Transmission

pipelines. In particular, PHMSA will be reviewing the definition of an HCA ( including the

concept of a potential impact radius), the repair criteria for both HCA and non-HCA areas,

requiring the use of automatic and remote controlled shut off valves, valve spacing, and

whether applying the integrity management program requirements to additional areas would

mitigate the need for class location requirements.

Effects:

None

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 01/04/2011

Docket Number: PHMSA-2011-0023

Dates for ANPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 05/23/2011 06/03/2011

To OMB 06/20/2011 07/22/1011 07/14/2011

OMB Clearance 07/05/2011 08/04/2011 08/15/2011

Publication Date 07/14/2011 08/15/2011 08/25/2011

End of Comment Period 11/22/2011 12/02/2011

Extension of Comment Period 11/16/2011

End of Extended Comment Period 01/20/2012

Explanation for any delay: Additional coordination necessary

Federal Register Citation for ANPRM: 76 FR 5308

Hazardous Materials: Miscellaneous Amendments (RRR) Yellow

Pipeline and Hazardous Materials Safety Administration

89.

Popular Title: Miscellaneous Amendments (HM-218G) (RRR)

RIN 2137-AE78

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would update and clarify existing requirements by incorporating

changes into the Hazardous Materials Regulations (HMR) based on PHMSAÂ ́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. This rulemaking action was recently downgraded to non-significant and

will not appear on next monthÂ ́s report.
Effects:

None

Prompting action: 2011 Retrospective Regulatory Review

Legal Deadline: None

Rulemaking Project Initiated: 04/08/2011

Docket Number: PHMSA-2011-0138

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 02/29/2012 05/29/2012

To OMB 03/29/2012 06/28/2012

OMB Clearance 06/29/2012 09/28/2012

Publication Date 07/05/2012 10/05/2012

End of Comment Period 09/03/2012 12/03/2012

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

Hazardous Materials: Reverse Logistics (RRR) Black

Pipeline and Hazardous Materials Safety Administration

90.

Popular Title: Reverse Logistics (RRR)

RIN 2137-AE81

Stage: ANPRM

Previous Stage:None

Abstract: This rulemaking would address changes to the Hazardous Materials Regulations

(HMR) that are applicable to reverse logistics. The issue of reverse logistics involves the

transportation of hazardous materials that have been damaged or returned from the retailer to

a return center. Specifically, the rulemaking would establish a regulatory definition of Â

 ́reverse logisticsÂ ́ and outline the responsibilities of those that offer hazardous materials

returned by retail customers.

Effects:

None

Prompting action: 2011 Retrospective Regulatory Review

Legal Deadline: None

Rulemaking Project Initiated: 04/08/2011

Docket Number: PHMSA-2011-0143

Dates for ANPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 04/10/2012 04/10/2012 03/27/2012

To OMB 05/11/2012 05/02/2012

OMB Clearance 06/15/2012 05/16/2012

Publication Date 06/29/2012 05/25/2012

End of Comment Period 08/29/2012 07/25/2012

Explanation for any delay: N/A
Federal Register Citation for ANPRM: None

Hazardous Materials: Incorporation of Certain Special Permits and

Competent Authorities into the HMR (RRR)

Black

Pipeline and Hazardous Materials Safety Administration

91.

Popular Title: Special Permits and Competent Authorities (RRR)

RIN 2137-AE82

Stage: NPRM

Previous Stage: None

Abstract: This rulemaking would amend the Hazardous Materials Regulations (HMR) to

incorporate provisions contained in certain widely used or longstanding special permits and

competent authorities that have established safety records. Incorporating such provisions into

the HMR is intended to provide wider access to the regulatory flexibility offered in the

special permits and competent authorities The adoption of the provisions would eliminate the

need for numerous application and renewal requests. The special permits proposed to be

added to the regulations here would allow the transportation of "Self-heating solid, organic

n.o.s. (spent bleaching earth)" in sift-proof bulk packaging;would allow the use of regulated

medical waste shipping names and markings that differ from those prescribed in the HMR;

would allow for the transportation of Class 9 solid coal pitch compounds in non-specification

open top or closed-top sift-proof metal cans or fiber drums; and would allow for the

transportation of self-inflating life-saving appliances that contain non-specification steel

cylinders when being transported between a vessel and an authorized facility for

servicing.This rulemaking action would facilitate commerce activity and reduce paperwork

burdens while maintaining an appropriate level of safety. Incorporation of these provisions

would reduce the compliance burden and cost on both industry and government.

Effects:

None

Prompting action: 2011 Retrospective Regulatory Review

Legal Deadline: None

Rulemaking Project Initiated: 04/18/2011

Docket Number: PHMSA-2011-0158

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 05/24/2012 07/05/2012

To OMB 06/21/2012 08/02/2012

OMB Clearance 09/19/2012 10/31/2012

Publication Date 09/28/2012 11/09/2012

End of Comment Period 11/28/2012 01/09/2013

Explanation for any delay: N/A

Federal Register Citation for NPRM: None

Reporting Ancillary Airline Passenger Revenues Green

Research and Innovative Technology Administration

Research and Innovative Technology Administration

92.

Popular Title: Reporting Ancillary Airline Passenger Revenues
RIN 2139-AA13

Stage: Final Rule

Previous Stage: NPRM: Publication Date 07/15/2011; End of Comment Period 09/13/2011.

Abstract: This rulemaking would collect more detailed revenue information regarding airline

imposed fees from those air carriers meeting the definition of "large certificated air carriers."

Many air carriers have adopted fees for such services as checked baggage, carry-on baggage,

meals, on-board entertainment, internet connections, pillows, blankets, early boarding,

canceling or changing reservations, unaccompanied minors, pet transportation, etc. The

rulemaking would also change the way the Department computes mishandled baggage rates

from mishandled baggage reports per domestic enplanement to mishandled bags per checked

bags.

Effects:

Information Collection

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 10/01/2010

Docket Number: RITA 2011-0001

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 03/21/2012

To OMB 04/25/2012

OMB Clearance 07/25/2012

Publication Date 07/31/2012

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None