1604 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

14 CFR Chs. I, II and III 

23 CFR Chs. I, II and III 

33 CFR Chs. I and IV 

46 CFR Chs. I, II and III 

48 CFR Ch. 12 

49 CFR Subtitle A, Chs. I–VI and Chs. 

X–XII 

[OST Docket 99–5129] 

Department Regulatory Agenda; 

Semiannual Summary 

AGENCY: Office of the Secretary, DOT. 

ACTION: Semiannual Regulatory Agenda. 

SUMMARY: The Regulatory Agenda is a 

semiannual summary of all current and 

projected rulemakings, reviews of 

existing regulations, and completed 

actions of the Department. The Agenda 

provides the public with information 

about the Department of 

Transportation’s regulatory activity. It is 

expected that this information will 

enable the public to be more aware of 

and allow it to more effectively 

participate in the Department’s 

regulatory activity. The public is also 

invited to submit comments on any 

aspect of this Agenda. 

FOR FURTHER INFORMATION CONTACT: 

General 

You should direct all comments and 

inquiries on the Agenda in general to 

Neil R. Eisner, Assistant General 

Counsel for Regulation and 

Enforcement, Department of 

Transportation, 1200 New Jersey 

Avenue SE., Washington, DC 20590; 

(202) 366–4723. 

Specific 

You should direct all comments and 

inquiries on particular items in the 

Agenda to the individual listed for the 

regulation or the general rulemaking 

contact person for the operating 

administration in Appendix B. 

Individuals who use a 

telecommunications device for the deaf 

(TDD) may call (202) 755–7687. 

Table of Contents 

Supplementary Information: 

Background 

Significant/Priority Rulemakings 

Explanation of Information on the Agenda 

Request for Comments 

Purpose 

Appendix A—Instructions for Obtaining 

Copies of Regulatory Documents 

Appendix B—General Rulemaking Contact 

Persons 

Appendix C—Public Rulemaking Dockets 

Appendix D—Review Plans for Section 610 

and Other Requirements 

SUPPLEMENTARY INFORMATION: 

Background 

Improvement of our regulations is a 

prime goal of the Department of 

Transportation (Department or DOT). 

Our regulations should be clear, simple, 

timely, fair, reasonable, and necessary. 

They should not be issued without 

appropriate involvement of the public; 

once issued, they should be periodically 

reviewed and revised, as needed, to 

assure that they continue to meet the 

needs for which they originally were 

designed. To view additional 

information about the Department of 

Transportation’s regulatory activities 

online, go to http://www.dot.gov/ 

regulations. Among other things, this 

Web site provides a report, updated 

monthly, on the status of the DOT 

significant rulemakings listed in the 

Semiannual Regulatory Agenda. 

To help the Department achieve these 

goals and in accordance with Executive 

Order (EO) 12866, ‘‘Regulatory Planning 

and Review,’’ (58 FR 51735; Oct. 4, 

1993) and the Department’s Regulatory 

Policies and Procedures (44 FR 11034; 

Feb. 26, 1979), the Department prepares 

a Semiannual Regulatory Agenda. It 

summarizes all current and projected 

rulemaking, reviews of existing 

regulations, and completed actions of 

the Department. These are matters on 

which action has begun or is projected 

during the succeeding 12 months or 

such longer period as may be 

anticipated or for which action has been 

completed since the last Agenda. 

The Agendas are based on reports 

submitted by the offices initiating the 

rulemaking and are reviewed by the 

Department Regulations Council. 

The Internet is the basic means for 

disseminating the Unified Agenda. The 

complete Unified Agenda is available 

online at www.reginfo.gov, in a format 

that offers users a greatly enhanced 

ability to obtain information from the 

Agenda database. 

Because publication in the Federal 

Register is mandated for the regulatory 

flexibility agendas required by the 

Regulatory Flexibility Act (5 U.S.C. 

602), DOT’s printed Agenda entries 

include only: 

1. The agency’s Agenda preamble; 

2. Rules that are in the agency’s 

regulatory flexibility agenda, in 

accordance with the Regulatory 

Flexibility Act, because they are likely 

to have a significant economic impact 

on a substantial number of small 

entities; and 

3. Any rules that the agency has 

identified for periodic review under 

section 610 of the Regulatory Flexibility 

Act. 

Printing of these entries is limited to 

fields that contain information required 

by the Regulatory Flexibility Act’s 

Agenda requirements. These elements 

are: Sequence Number; Title; Section 

610 Review, if applicable; Legal 

Authority; Abstract; Timetable; 

Regulatory Flexibility Analysis 

Required; Agency Contact; and 

Regulation Identifier Number (RIN). 

Additional information (for detailed list 

see section heading ‘‘Explanation of 

Information on the Agenda’’) on these 

entries is available in the Unified 

Agenda published on the Internet. 

Significant/Priority Rulemakings 

The Agenda covers all rules and 

regulations of the Department. We have 

classified rules as a DOT agency priority 

in the Agenda if they are, essentially, 

very costly, beneficial, controversial, or 

of substantial public interest under our 

Regulatory Policies and Procedures. All 

DOT agency priority rulemaking 

documents are subject to review by the 

Secretary of Transportation. If the Office 

of Management and Budget (OMB) 

decide a rule is subject to its review 

under Executive Order 12866, we have 

classified it as significant in the Agenda. 

Explanation of Information on the 

Agenda 

An Office of Management and Budget 

memorandum, dated June 13, 2012, 

requires the format for this Agenda. 

First, the Agenda is divided by 

initiating offices. Then, the Agenda is 

divided into five categories: (1) Prerule 

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

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

completed actions. For each entry, the 

Agenda provides the following 

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

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

(4) the related regulatory citation in the 

Code of Federal Regulations; (5) any 

legal deadline and, if so, for what action 

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

(7) a timetable, including the earliest 

expected date for a decision on whether 

to take the action; (8) whether the 

rulemaking will affect small entities 

and/or levels of government and, if so, 

which categories; (9) whether a 

Regulatory Flexibility Act (RFA) 

analysis is required (for rules that would 

have a significant economic impact on 

a substantial number of small entities); 

(10) a listing of any analyses an office 

will prepare or has prepared for the 

mstockstill on DSK4VPTVN1PROD with 

Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 1605 

action (with minor exceptions, DOT 

requires an economic analysis for all its 

rulemakings.); (11) an agency contact 

office or official who can provide 

further information; (12) a Regulation 

Identifier Number (RIN) assigned to 

identify an individual rulemaking in the 

Agenda and facilitate tracing further 

action on the issue; (13) whether the 

action is subject to the Unfunded 

Mandates Reform Act; (14) whether the 

action is subject to the Energy Act; and 

(15) whether the action is major under 

the congressional review provisions of 

the Small Business Regulatory 

Enforcement Fairness Act. If there is 

information that does not fit in the other 

categories, it will be included under a 

separate heading entitled ‘‘Additional 

Information.’’ One such example of this 

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

refer to information used as part of our 

required reports on Retrospective 

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

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

follow the letters to indicate whether or 

not a particular rulemaking would have 

effects on: Small businesses (SB); 

information collections (IC); or State, 

local, or tribal (SLT) governments. 

For nonsignificant regulations issued 

routinely and frequently as a part of an 

established body of technical 

requirements (such as the Federal 

Aviation Administration’s Airspace 

Rules), to keep those requirements 

operationally current, we only include 

the general category of the regulations, 

the identity of a contact office or 

official, and an indication of the 

expected number of regulations; we do 

not list individual regulations. 

In the ‘‘Timetable’’ column, we use 

abbreviations to indicate the particular 

documents being considered. ANPRM 

stands for Advance Notice of Proposed 

Rulemaking, SNPRM for Supplemental 

Notice of Proposed Rulemaking, and 

NPRM for Notice of Proposed 

Rulemaking. Listing a future date in this 

column does not mean we have made a 

decision to issue a document; it is the 

earliest date on which we expect to 

make a decision on whether to issue it. 

In addition, these dates are based on 

current schedules. Information received 

subsequent to the issuance of this 

Agenda could result in a decision not to 

take regulatory action or in changes to 

proposed publication dates. For 

example, the need for further evaluation 

could result in a later publication date; 

evidence of a greater need for the 

regulation could result in an earlier 

publication date. 

Finally, a dot (•) preceding an entry 

indicates that the entry appears in the 

Agenda for the first time. 

Request for Comments 

General 

Our agenda is intended primarily for 

the use of the public. Since its 

inception, we have made modifications 

and refinements that we believe provide 

the public with more helpful 

information, as well as make the Agenda 

easier to use. We would like you, the 

public, to make suggestions or 

comments on how the Agenda could be 

further improved. 

Reviews 

We also seek your suggestions on 

which of our existing regulations you 

believe need to be reviewed to 

determine whether they should be 

revised or revoked. We particularly 

draw your attention to the Department’s 

review plan in appendix D. In response 

to Executive Order 13563 

‘‘Retrospective Review and Analysis of 

Existing Rules,’’ we have prepared a 

retrospective review plan providing 

more detail on the process we use to 

conduct reviews of existing rules, 

including changes in response to 

Executive Order 13563. We provided 

the public opportunities to comment at 

regulations.gov and IdeaScale on both 

our process and any existing DOT rules 

the public thought needed review. The 

plan and the results of our review can 

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

regulations. 

Regulatory Flexibility Act 

The Department is especially 

interested in obtaining information on 

requirements that have a ‘‘significant 

economic impact on a substantial 

number of small entities’’ and, therefore, 

must be reviewed under the Regulatory 

Flexibility Act. If you have any 

suggested regulations, please submit 

them to us, along with your explanation 

of why they should be reviewed. 

In accordance with the Regulatory 

Flexibility Act, comments are 

specifically invited on regulations that 

we have targeted for review under 

section 610 of the Act. The phrase (sec. 

610 Review) appears at the end of the 

title for these reviews. Please see 

appendix D for the Department’s section 

610 review plans. 

Consultation With State, Local, and 

Tribal Governments 

Executive orders 13132 and 13175 

require us to develop an accountable 

process to ensure ‘‘meaningful and 

timely input’’ by State, local, and tribal 

officials in the development of 

regulatory policies that have federalism 

or tribal implications. These policies are 

defined in the Executive orders to 

include regulations that have 

‘‘substantial direct effects’’ on States or 

Indian tribes, on the relationship 

between the Federal Government and 

them, or on the distribution of power 

and responsibilities between the Federal 

Government and various levels of 

government or Indian tribes. Therefore, 

we encourage State and local 

governments or Indian tribes to provide 

us with information about how the 

Department’s rulemakings impact them. 

Purpose 

The Department is publishing this 

regulatory Agenda in the Federal 

Register to share with interested 

members of the public the Department’s 

preliminary expectations regarding its 

future regulatory actions. This should 

enable the public to be more aware of 

the Department’s regulatory activity and 

should result in more effective public 

participation. This publication in the 

Federal Register does not impose any 

binding obligation on the Department or 

any of the offices within the Department 

with regard to any specific item on the 

Agenda. Regulatory action, in addition 

to the items listed, is not precluded. 

Dated: November 2, 2012. 

Ray LaHood, 

Secretary of Transportation. 

Appendix A—Instructions for 

Obtaining Copies of Regulatory 

Documents 

To obtain a copy of a specific 

regulatory document in the Agenda, you 

should communicate directly with the 

contact person listed with the regulation 

at the address below. We note that most, 

if not all, such documents, including the 

Semiannual Regulatory Agenda, are 

available through the Internet at http:// 

www.regulations.gov. See appendix C 

for more information. 

(Name of contact person), (Name of 

the DOT agency), 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

(For the Federal Aviation 

Administration, substitute the following 

address: Office of Rulemaking, ARM–1, 

800 Independence Avenue SW., 

Washington, DC 20591). 

Appendix B—General Rulemaking 

Contact Persons 

The following is a list of persons who 

can be contacted within the Department 

for general information concerning the 

rulemaking process within the various 

operating administrations. 

FAA—Rebecca MacPherson, Office of 

Chief Counsel, Regulations and 

Enforcement Division, 800 

Independence Avenue SW., Room 

mstockstill on DSK4VPTVN1PROD with 

1606 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 

915A, Washington, DC 20591; 

telephone (202) 267–3073. 

FHWA—Jennifer Outhouse, Office of 

Chief Counsel, 1200 New Jersey 

Avenue SE., Washington, DC 20590; 

telephone (202) 366–0761. 

FMCSA—Steven J. LaFreniere, 

Regulatory Ombudsman, 1200 New 

Jersey Avenue SE., Washington, DC 

20590; telephone (202) 366–0596. 

NHTSA—Steve Wood, Office of Chief 

Counsel, 1200 New Jersey Avenue 

SE., Washington, DC 20590; telephone 

(202) 366–2992. 

FRA—Kathryn Shelton, Office of Chief 

Counsel, 1200 New Jersey Avenue 

SE., Room W31–214, Washington, DC 

20590; telephone (202) 493–6063. 

FTA—Richard Wong, Office of Chief 

Counsel, 1200 New Jersey Avenue 

SE., Room E56–308, Washington, DC 

20590; telephone (202) 366–0675. 

SLSDC—Carrie Mann Lavigne, Chief 

Counsel, 180 Andrews Street, 

Massena, NY 13662; telephone (315) 

764–3200. 

PHMSA—Patricia Burke, Office of Chief 

Counsel, 1200 New Jersey Avenue 

SE., Washington, DC 20590; telephone 

(202) 366–4400. 

MARAD—Christine Gurland, Office of 

Chief Counsel, Maritime 

Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590; 

telephone (202) 366–5157. 

RITA—Robert Monniere, Office of Chief 

Counsel, 1200 New Jersey Avenue 

SE., Washington, DC 20590; telephone 

(202) 366–5498. 

OST—Neil Eisner, Office of Regulation 

and Enforcement, 1200 New Jersey 

Avenue SE., Washington, DC 20590; 

telephone (202) 366–4723. 

Appendix C—Public Rulemaking 

Dockets 

All comments via the Internet are 

submitted through the Federal Docket 

Management System (FDMS) at the 

following address: http:// 

www.regulations.gov. The FDMS allows 

the public to search, view, download, 

and comment on all Federal agency 

rulemaking documents in one central 

online system. The above referenced 

Internet address also allows the public 

to sign up to receive notification when 

certain documents are placed in the 

dockets. 

The public also may review regulatory 

dockets at, or deliver comments on 

proposed rulemakings to, the Dockets 

Office at 1200 New Jersey Avenue SE., 

Room W12–140, Washington, DC 20590, 

1–800–647–5527. Working Hours: 9–5. 

Appendix D—Review Plans for Section 

610 and Other Requirements 

Part I—The Plan 

General 

The Department of Transportation has 

long recognized the importance of 

regularly reviewing its existing 

regulations to determine whether they 

need to be revised or revoked. Our 1979 

Regulatory Policies and Procedures 

require such reviews. We also have 

responsibilities under Executive Order 

12866, ‘‘Regulatory Planning and 

Review,’’ and section 610 of the 

Regulatory Flexibility Act to conduct 

such reviews. This includes the use of 

plain language techniques in new rules 

and considering its use in existing rules 

when we have the opportunity and 

resources to permit its use. We are 

committed to continuing our reviews of 

existing rules and, if needed, will 

initiate rulemaking actions based on 

these reviews. 

In accordance with Executive Order 

13563, ‘‘Improving Regulation and 

Regulatory Review,’’ issued by the 

President on January 18, 2011, the 

Department has added other elements to 

its review plan. The Department has 

decided to improve its plan by adding 

special oversight processes within the 

Department; encouraging effective and 

timely reviews, including providing 

additional guidance on particular 

problems that warrant review; and 

expanding opportunities for public 

participation. These new actions are in 

addition to the other steps described in 

this Appendix. 

Section 610 Review Plan 

Section 610 requires that we conduct 

reviews of rules that (1): Have been 

published within the last 10 years, and 

(2) have a ‘‘significant economic impact 

on a substantial number of small 

entities’’ (SEIOSNOSE). It also requires 

that we publish in the Federal Register 

each year a list of any such rules that 

we will review during the next year. 

The Office of the Secretary and each of 

the Department’s Operating 

Administrations have a 10-year review 

plan. These reviews comply with 

section 610 of the Regulatory Flexibility 

Act. 

Other Review Plan(s) 

All elements of the Department, 

except for the Federal Aviation 

Administration (FAA), have also elected 

to use this 10-year plan process to 

comply with the review requirements of 

the Department’s Regulatory Policies 

and Procedures and Executive Order 

12866. 

Changes to the Review Plan 

Some reviews may be conducted 

earlier than scheduled. For example, to 

the extent resources permit, the plain 

language reviews will be conducted 

more quickly. Other events, such as 

accidents, may result in the need to 

conduct earlier reviews of some rules. 

Other factors may also result in the need 

to make changes; for example, we may 

make changes in response to public 

comment on this plan or in response to 

a Presidentially-mandated review. If 

there is any change to the review plan, 

we will note the change in the following 

Agenda. For any section 610 review, we 

will provide the required notice prior to 

the review. 

Part II—The Review Process 

The Analysis 

Generally, the agencies have divided 

their rules into 10 different groups and 

plan to analyze one group each year. For 

purposes of these reviews, a year will 

coincide with the fall-to-fall schedule 

for publication of the Agenda. Thus, 

Year 1 (2008) begins in the fall of 2008 

and ends in the fall of 2009; Year 2 

(2009) begins in the fall of 2009 and 

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

request public comment on the timing 

of the reviews. For example, is there a 

reason for scheduling an analysis and 

review for a particular rule earlier than 

we have? Any comments concerning the 

plan or particular analyses should be 

submitted to the regulatory contacts 

listed in Appendix B, General 

Rulemaking Contact Persons. 

Section 610 Review 

The agency will analyze each of the 

rules in a given year’s group to 

determine whether any rule has a 

SEIOSNOSE and, thus, requires review 

in accordance with section 610 of the 

Regulatory Flexibility Act. The level of 

analysis will, of course, depend on the 

nature of the rule and its applicability. 

Publication of agencies’ section 610 

analyses listed each fall in this Agenda 

provides the public with notice and an 

opportunity to comment consistent with 

the requirements of the Regulatory 

Flexibility Act. We request that public 

comments be submitted to us early in 

the analysis year concerning the small 

entity impact of the rules to help us in 

making our determinations. 

In each fall Agenda, the agency will 

publish the results of the analyses it has 

completed during the previous year. For 

rules that had a negative finding on 

SEIOSNOSE, we will give a short 

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

establish petition processes that have no 

cost impact’’ or ‘‘these rules do not 

mstockstill on DSK4VPTVN1PROD with 

Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 1607 

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

subparts, or other discrete sections of 

rules that do have a SEIOSNOSE, we 

will announce that we will be 

conducting a formal section 610 review 

during the following 12 months. At this 

stage, we will add an entry to the 

Agenda in the prerulemaking section 

describing the review in more detail. We 

also will seek public comment on how 

best to lessen the impact of these rules 

and provide a name or docket to which 

public comments can be submitted. In 

some cases, the section 610 review may 

be part of another unrelated review of 

the rule. In such a case, we plan to 

clearly indicate which parts of the 

review are being conducted under 

section 610. 

Other Reviews 

The agency will also examine the 

specified rules to determine whether 

any other reasons exist for revising or 

revoking the rule or for rewriting the 

rule in plain language. In each fall 

Agenda, the agency will also publish 

information on the results of the 

examinations completed during the 

previous year. 

The FAA, in addition to reviewing its 

rules in accordance with the section 610 

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

review requirements of the 

Department’s Regulatory Policies and 

Procedures, Executive Order 12866, and 

Plain Language Review Plan. The FAA’s 

latest review notice was published 

November 15, 2007 (72 FR 64170). In 

that notice, the FAA requested 

comments from the public to identify 

those regulations currently in effect that 

it should amend, remove, or simplify. 

The FAA also requested the public to 

provide any specific suggestions where 

rules could be developed as 

performance-based rather than 

prescriptive, and any specific plain 

language that might be used, and 

provide suggested language on how 

those rules should be written. The FAA 

will review the issues addressed by the 

commenters against its regulatory 

agenda and rulemaking program efforts 

and adjust its regulatory priorities 

consistent with its statutory 

responsibilities. At the end of this 

process, the FAA will publish a 

summary and general disposition of 

comments and indicate, where 

appropriate, how it will adjust its 

regulatory priorities. 

Part III—List of Pending Section 610 

Reviews 

The Agenda identifies the pending 

DOT section 610 Reviews by inserting 

‘‘(Section 610 Review),’’ after the title 

for the specific entry. For further 

information on the pending reviews, see 

the Agenda entries at www.reginfo.gov. 

For example, to obtain a list of all 

entries that is section 610 Reviews 

under the Regulatory Flexibility Act, a 

user would select the desired responses 

on the search screen (by selecting 

‘‘advanced search’’) and, in effect, 

generate the desired ‘‘index’’ of reviews. 

OFFICE OF THE SECRETARY—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

+ DOT-designated significant regulation. 

OFFICE OF THE SECRETARY—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

+ DOT-designated significant regulation. 

FEDERAL AVIATION ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

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

+ DOT-designated significant regulation. 

FEDERAL AVIATION ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

342 .................... +Pilot Certification and Qualification Requirements (Formerly First Officer Qualification Requirements) (HR 

5900).

2120–AJ67 

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

+ DOT-designated significant regulation. 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

mstockstill on DSK4VPTVN1PROD with 

1608 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—PROPOSED RULE STAGE—Continued 

Sequence No. Title Regulation 

Identifier No. 

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

+ DOT-designated significant regulation. 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

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

+ DOT-designated significant regulation. 

FEDERAL RAILROAD ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

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

350 .................... +Positive Train Control Systems: De Minimis Exception, Yard Movements, En Route Failures; Miscellaneous Grade Crossing/Signal and Train Control Amendments (RRR).2130–AC32 

+ DOT-designated significant regulation. 

FEDERAL RAILROAD ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

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

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

354 .................... Passenger Train Emergency Systems; Doors, Emergency Lighting, Emergency Signage and Markings for 

Egress and Access, and Low-Location Emergency Exit Path Marking; Miscellaneous Amendments.

2130–AC22 

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

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

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

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

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

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

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

+ DOT-designated significant regulation. 

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

363 .................... Pipeline Safety: Miscellaneous Amendments Related to Reauthorization and Petitions for Rulemaking 

(RRR).

2137–AE94 

+ DOT-designated significant regulation. 

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

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

+ DOT-designated significant regulation. 

mstockstill on DSK4VPTVN1PROD with 

Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 1609 

MARITIME ADMINISTRATION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

366 .................... +Regulations To Be Followed by All Departments, Agencies and Shippers Having Responsibility To Provide a Preference for U.S.-Flag Vessels in the Shipment of Cargoes on Ocean Vessels (RRR).2133–AB74 

+ DOT-designated significant regulation. 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Office of the Secretary (OST) 

Proposed Rule Stage 

337. +Enhancing Airline Passenger 

Protections III 

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

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

Abstract: This rulemaking would 

address the following issues: (1) 

Whether the Department should require 

a marketing carrier to provide assistance 

to its code-share partner when a flight 

operated by the code-share partner 

experiences a lengthy tarmac delay; (2) 

whether the Department should 

enhance disclosure requirements on 

code-share operations, including 

requiring on-time performance data, 

reporting of certain data code-share 

operations, and codifying the statutory 

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

regarding Web site schedule disclosure 

of code-share operations; (3) whether 

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

pool to include smaller carriers; (4) 

whether the Department should require 

travel agents to adopt minimum 

customer service standards in relation to 

the sale of air transportation; (5) 

whether the Department should require 

ticket agents to disclose the carriers 

whose tickets they sell or do not sell 

and information regarding any incentive 

payments they receive in connection 

with the sale of air transportation; (6) 

whether the Department should require 

ticket agents to disclose any preferential 

display of individual fares or carriers in 

the ticket agent’s Internet displays; (7) 

whether the Department should require 

additional or special disclosures 

regarding certain substantial fees, e.g., 

oversize or overweight baggage fees; (8) 

whether the Department should prohibit 

post-purchase price increase for all 

services and products not purchased 

with the ticket or whether it is sufficient 

to prohibit post-purchase prices 

increases for baggage charges that 

traditionally have been included in the 

ticket price; and (9) whether the 

Department should require that 

ancillary fees be displayed through all 

sale channels. 

Timetable: 

Action Date FR Cite 

Supplemental 

NPRM.

05/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Blane A Workie, 

Attorney, Department of Transportation, 

Office of the Secretary, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

Phone: 202–366–9342, TDD Phone: 202 

755–7687, Fax: 202 366–7152, Email: 

blane.workie@ost.dot.gov. 

RIN: 2105–AE11 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Office of the Secretary (OST) 

Final Rule Stage 

338. +Use of the Seat-Strapping Method 

for Carrying a Wheelchair on an 

Aircraft 

Legal Authority: 49 U.S.C. 41705 

Abstract: This rulemaking would 

address whether carriers should be 

allowed to utilize the seat-strapping 

method to stow a passenger ́s 

wheelchair in the aircraft cabin. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

08/02/11 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Blane A Workie, 

Attorney, Department of Transportation, 

Office of the Secretary, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

Phone: 202–366–9342, TDD Phone: 

202–755–7687, Fax: 202–366–7152, 

Email: blane.workie@ost.dot.gov. 

RIN: 2105–AD87 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Aviation Administration (FAA) 

Proposed Rule Stage 

339. +Operation and Certification of 

Small Unmanned Aircraft Systems 

(SUAS) 

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

L. 112–95 

Abstract: This rulemaking would 

enable small unmanned aircraft to safely 

operate in limited portions of the 

national airspace system (NAS). This 

action is necessary because it addresses 

the novel legal or policy issues about 

the minimum safety parameters for 

operating recreational remote control 

model and toy aircraft in the NAS. The 

intended effect of this action is to 

develop requirements and standards to 

ensure that risks are adequately 

mitigated, such that safety is maintained 

for the entire aviation community. 

Timetable: 

Action Date FR Cite 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Stephen A Glowacki, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Ave. SW., Washington, 

DC 20591, Phone: 202–385–4898, Email: 

stephen.a.glowacki@faa.gov. 

RIN: 2120–AJ60 

340. +Flight Crewmember Mentoring, 

Leadership and Professional 

Development (HR 5900) 

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

Pub. L. 111–216, sec 206 

Abstract: This rulemaking would 

amend the regulations for air carrier 

training programs under part 121. The 

action is necessary to ensure that air 

carriers establish or modify training 

programs that address mentoring, 

leadership, and professional 

development of flight crewmembers in 

part 121 operations. The amendments 

are intended to contribute significantly 

to airline safety by reducing aviation 

accidents and respond to the mandate in 

Public Law 111–216. 

Timetable: 

mstockstill on DSK4VPTVN1PROD with 

1610 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 

Action Date FR Cite 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Deke Abbott, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Ave. SW., Washington, 

DC 20591, Phone: 202 267–8266, Email: 

deke.abbott@faa.gov. 

RIN: 2120–AJ87 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Aviation Administration (FAA) 

Final Rule Stage 

341. +Qualification, Service, and Use of 

Crewmembers and Aircraft Dispatchers 

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

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

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

44702; 49 U.S.C. 44705; 49 U.S.C. 44709 

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

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

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

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

44912; 49 U.S.C. 46105 

Abstract: This rulemaking would 

amend the regulations for crewmember 

and dispatcher training programs in 

domestic, flag, and supplemental 

operations. The rulemaking would 

enhance traditional training programs 

by requiring the use of flight simulation 

training devices for flight crewmembers 

and including additional training 

requirements in areas that are critical to 

safety. The rulemaking would also 

reorganize and revise the qualification 

and training requirements. The changes 

are intended to contribute significantly 

to reducing aviation accidents. 

Timetable: 

Action Date FR Cite 

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

Proposed rule; 

notice of public 

meeting.

03/12/09 74 FR 10689 

NPRM Comment 

Period Extended.

04/20/09 74 FR 17910 

Comment Period 

End.

05/12/09 

Extended Comment Period 

End.

08/10/09 

Supplemental 

NPRM.

05/20/11 76 FR 29336 

Comment Period 

Extended.

06/23/11 76 FR 36888 

Comment Period 

End.

07/19/11 

Comment Period 

End.

09/19/11 

Action Date FR Cite 

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

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Nancy L Claussen, 

Federal Aviation Administration, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Ave. SW., Washington, 

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

nancy.claussen@faa.gov. 

RIN: 2120–AJ00 

342. +Pilot Certification and 

Qualification Requirements (Formerly 

First Officer Qualification 

Requirements) (HR 5900) 

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

U.S.C. 35301 to 45302; 49 U.S.C. 40113; 

49 U.S.C. 40119; 49 U.S.C. 41706; 49 

U.S.C. 44101; 49 U.S.C. 44701(a)(5); 49 

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

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

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

44716; 49 U.S.C. 44722; 49 U.S.C. 45102 

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

44717; Pub. L. 111–216 

Abstract: This rulemaking would 

amend the eligibility and qualification 

requirements for pilots engaged in part 

121 air carrier operations. Additionally, 

it would modify the requirements for an 

airline transport pilot certificate. These 

actions are necessary because recent 

airline accidents and incidents have 

brought considerable attention to the 

experience level and training of air 

carrier flight crews. This rulemaking is 

a result of requirements in Public Law 

111–216. 

Timetable: 

Action Date FR Cite 

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

ANPRM Comment 

Period End.

04/09/10 

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

NPRM Comment 

Period End.

04/30/12 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Barbara Adams, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Ave. SW., Washington, 

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

barbara.adams@faa.gov. 

RIN: 2120–AJ67 

343. +Safety Management Systems for 

Certificate Holders (Section 610 

Review) 

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

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

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

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

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

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

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

46105; Pub. L. 111–216, sec 215 

Abstract: This rulemaking would 

require each certificate holder operating 

under 14 CFR part 121 to develop and 

implement a safety management system 

(SMS) to improve the safety of its 

aviation related activities. A safety 

management system is a comprehensive, 

process-oriented approach to managing 

safety throughout an organization. An 

SMS includes an organization-wide 

safety policy; formal methods for 

identifying hazards, controlling, and 

continually assessing risk and safety 

performance; and promotion of a safety 

culture. SMS stresses not only 

compliance with technical standards 

but increased emphasis on the overall 

safety performance of the 

organization.This rulemaking is 

required under Public Law 111–216, 

section 215. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period Extended.

01/31/11 76 FR 5296 

NPRM Comment 

Period End.

02/03/11 

NPRM Comment 

Period Extended End.

03/07/11 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Scott VanBuren, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Ave. SW., Washington, 

DC 20591, Phone: 202 494–8417, Email: 

scott.vanburen@faa.gov. 

RIN: 2120–AJ86 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Motor Carrier Safety 

Administration (FMCSA) 

Proposed Rule Stage 

344. +Electronic Logging Devices and 

Hours of Service Supporting Documents 

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

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

31137(a) 

Abstract: This rulemaking would 

establish: (1) Minimum performance 

standards for electronic logging devices 

(ELDs); (2) requirements for the 

mstockstill on DSK4VPTVN1PROD with 

Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 1611 

mandatory use of the devices by drivers 

required to prepare handwritten records 

of duty status (RODS); (3) requirements 

concerning HOS supporting documents; 

and (4) measures to ensure that the 

mandatory use of ELDs will not result 

in harassment of drivers by motor 

carriers and enforcement officials. This 

rulemaking would supplement the 

Agency’s February 1, 2011, Notice of 

Proposed Rulemaking (NPRM) and 

address issues raised by the U.S. Court 

of Appeals for the Seventh Circuit Court 

in its 2011 decision vacating the 

Agency’s April 5, 2010, final rule 

concerning ELDs. This action would 

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

decrease the risk of fatigue-related 

crashes attributable to non-compliance 

with the applicable HOS requirements. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

02/28/11 

Comment Period 

Extended.

03/10/11 76 FR 13121 

Extended Comment Period 

End.

05/23/11 

Supplemental 

NPRM.

07/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Deborah M. Freund, 

Senior Transportation Specialist, 

Department of Transportation, Federal 

Motor Carrier Safety Administration, 

1200 New Jersey Avenue SE., 

Washington, DC 20590, Phone: 202– 

366–5370, Email: 

deborah.freund@dot.gov. 

RIN: 2126–AB20 

345. +Inspection, Repair, and 

Maintenance; Driver-Vehicle Inspection 

Report (RRR) 

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

U.S.C. 31502 

Abstract: This rulemaking would 

rescind the requirement that 

commercial motor vehicle (CMV) 

drivers operating in interstate commerce 

submit, and motor carriers retain, 

driver-vehicle inspection reports when 

the driver has neither found nor been 

made aware of any vehicle defects or 

deficiencies. Specifically, this 

rulemaking would remove a significant 

information collection burden without 

adversely impacting safety. This 

rulemaking would remove a significant 

information collection burden without 

adversely impacting safety. The value of 

the time saved by eliminating the 

paperwork burden associated with the 

filing of no-defect DVIRs is more than 1 

billion dollars per year. This rulemaking 

responds in part to the President’s 

January 2012 Regulatory Review and 

Reform initiative. 

Timetable: 

Action Date FR Cite 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Sean Gallagher, MC– 

PRR, Department of Transportation, 

Federal Motor Carrier Safety 

Administration, 1200 New Jersey Ave. 

SE., Washington, DC 20590, Phone: 202 

366–3740, Email: 

sean.gallagher@dot.gov. 

RIN: 2126–AB46 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Motor Carrier Safety 

Administration (FMCSA) 

Final Rule Stage 

346. +Unified Registration System 

Legal Authority: Pub. L. 104–88; 109 

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

Pub. L. 109–159, sec 4304 

Abstract: This rule would establish a 

new Unified Registration System (URS) 

to replace three legacy systems in 

support of FMCSA ́s safety and 

commercial oversight responsibilities. It 

would require all entities subject to 

FMCSA jurisdiction to comply with a 

new URS registration and biennial 

update requirement, disclose the 

cumulative registration information 

collected by URS and provides a crossreference to all regulatory requirements 

necessary to obtain permanent 

registration. It implements statutory 

provisions in the ICC Termination Act 

and SAFTEA–LU. URS would serve as 

a clearinghouse and depository of 

information on, and identification of, 

brokers, freight forwarders, and others 

required to register with the Department 

of Transportation. The agency has 

determined the total net societal 

benefits of the rule to be $19.5 million 

and the total societal costs to be $26.5 

million. 

Timetable: 

Action Date FR Cite 

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

ANPRM Comment 

Period End.

10/25/96 

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

NPRM Comment 

Period End.

08/17/05 

Action Date FR Cite 

Supplemental 

NPRM.

10/26/11 76 FR 66506 

Comment Period 

End.

12/27/11 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Valerie Height, 

Management Analyst, Department of 

Transportation, Federal Motor Carrier 

Safety Administration, Office of Policy 

(MC–PRR), 1200 New Jersey Avenue 

SE., Washington, DC 20590, Phone: 

202–366–0901, Email: 

valerie.height@dot.gov. 

RIN: 2126–AA22 

347. Self Reporting of Out-of-State 

Convictions (RRR) (Section 610 Review) 

Legal Authority: Commercial Motor 

Vehicle Safety Act of 1986 

Abstract: This rulemaking would 

clarify the requirement for holders of 

commercial drivers licenses (CDL) 

convicted of violating traffic laws in a 

State other than the State that issued 

their CDL, to notify the State of issuance 

about those violations under part 383.31 

of FMCSA’s Commercial Drivers 

License Standards; and clarify the 

requirement for the licensing agency 

from the jurisdiction in which the 

conviction takes place to notify the State 

licensing Agency that issued the CDL 

under part 384.209 State Compliance 

with Commercial Drivers License 

Program. This rulemaking would also 

ensure that notifications required in 

sections 383.31 and 384.209 take place 

within 30 days of the conviction. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

10/01/12 

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

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Robert Redmond, 

Senior Transportation Specialist, 

Department of Transportation, Federal 

Motor Carrier Safety Administration, 

1200 New Jersey Avenue SE., 

Washington, DC 20590, Phone: 202– 

366–5014, Email: 

robert.redmond@dot.gov. 

RIN: 2126–AB43 

BILLING CODE 4910–EX–P 

mstockstill on DSK4VPTVN1PROD with 

1612 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Railroad Administration (FRA) 

Proposed Rule Stage 

348. +Critical Incident Stress PLAN; 

‘‘Critical Incident’’ Definition 

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

A, 122 Stat 4848 et seq.; Rail Safety 

Improvement Act of 2008 sec 410(c) 

Abstract: This rulemaking would seek 

to define the term ‘‘critical incident.’’ 

This rulemaking would also seek to 

define program elements appropriate for 

the rail environment for certain 

railroad ́s critical incident response 

programs, so that appropriate action is 

taken when a railroad employee is 

involved in or directly witnesses a 

critical incident. 

Timetable: 

Action Date FR Cite 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kathryn Shelton, 

Trial Attorney, Department of 

Transportation, Federal Railroad 

Administration, 1200 New Jersey Ave. 

SE., Washington, DC 20590, Phone: 202 

493–6063, Email: 

kathryn.shelton@fra.dot.gov. 

RIN: 2130–AC00 

349. Risk Reduction Program (RRR) 

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

A, 122 Stat 4848 et seq.; Rail Safety 

Improvement Act of 2008; sec 103, 49 

U.S.C. 20156 ‘‘Railroad Safety Risk 

Reduction Program’’ 

Abstract: This rulemaking would 

require each Class I railroad and each 

railroad with inadequate safety 

performance to develop and implement 

a Risk Reduction Program (RRP) to 

improve the safety of their operations. 

Each RRP would be required to include 

a risk analysis, a technology 

implementation plan, and a fatigue 

management plan. Railroads would be 

required to conduct annual internal 

assessments of their RRPs, which could 

also be externally audited by FRA. 

Timetable: 

Action Date FR Cite 

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

ANPRM Comment 

Period End.

02/07/11 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kathryn Shelton, 

Trial Attorney, Department of 

Transportation, Federal Railroad 

Administration, 1200 New Jersey Ave 

SE., Washington, DC 20590, Phone: 202 

493–6063, Email: 

kathryn.shelton@fra.dot.gov. 

RIN: 2130–AC11 

350. +Positive Train Control Systems: 

De Minimis Exception, Yard 

Movements, En Route Failures; 

Miscellaneous Grade Crossing/Signal 

and Train Control Amendments (RRR) 

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

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

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

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

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

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

21304 

Abstract: This rulemaking would 

revise Positive Train Control regulations 

by defining the de minimis exception 

and en route failures, proposing 

exceptions relating to yard movements 

that may not be considered on the main 

line system, and amending regulations 

governing grade crossing and signal and 

train control systems. The rulemaking is 

in response to a petition for rulemaking 

from the Association of American 

Railroads. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

02/11/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kathryn Shelton, 

Trial Attorney, Department of 

Transportation, Federal Railroad 

Administration, 1200 New Jersey Ave. 

SE., Washington, DC 20590, Phone: 202 

493–6063, Email: 

kathryn.shelton@fra.dot.gov. 

RIN: 2130–AC32 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Railroad Administration (FRA) 

Final Rule Stage 

351. Roadway Worker Protection; 

Miscellaneous Revisions 

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

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

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

Abstract: This rulemaking would 

revise FRA’s Roadway Worker 

Protection regulations in 49 CFR, Part 

214, to further advance the on-track 

safety of railroad employees and 

contractors engaged in maintenance-ofway activities throughout the general 

railroad system of transportation, 

including clarification of existing 

regulations. In doing so, FRA will 

review existing technical bulletins and 

a safety advisory dealing with on-track 

safety to consider implications, and as 

appropriate, consider enhancements to 

the existing regulations. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

10/19/12 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kathryn Shelton, 

Trial Attorney, Department of 

Transportation, Federal Railroad 

Administration, 1200 New Jersey Ave. 

SE., Washington, DC 20590, Phone: 202 

493–6063, Email: 

kathryn.shelton@fra.dot.gov. 

RIN: 2130–AB89 

352. +Training Standards for Railroad 

Employees (RRR) 

Legal Authority: Pub. L. 110 thru 432, 

Div A, 122 Stat 4848 et seq.; Railroad 

Safety Improvement Act of 2008; sec 

401 (49 U.S.C. 20162) 

Abstract: This rulemaking would (1) 

Establish minimum training standards 

for each class or craft of safety-related 

employee and equivalent railroad 

contractor and subcontractor employee 

that require railroads, contractors, and 

subcontractors to qualify or otherwise 

document the proficiency of such 

employees in each such class and craft 

regarding their knowledge and ability to 

comply with Federal railroad safety 

laws and regulations and railroad rules 

and procedures intended to implement 

those laws and regulations, etc.; (2) 

require submission of railroads’, 

contractors’, and subcontractors’ 

training and qualification programs for 

FRA approval; and (3) establish a 

minimum training curriculum and 

ongoing training criteria, testing, and 

skills evaluation measures for track and 

equipment inspectors employed by 

railroads and railroad contractor and 

subcontractors. It is anticipated that 

crane operator provisions contained in 

this rulemaking will further the 

objectives of EO 13563. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

04/09/12 

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

mstockstill on DSK4VPTVN1PROD with 

Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 1613 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kathryn Shelton, 

Trial Attorney, Department of 

Transportation, Federal Railroad 

Administration, 1200 New Jersey Ave. 

SE., Washington, DC 20590, Phone: 202 

493–6063, Email: 

kathryn.shelton@fra.dot.gov. 

RIN: 2130–AC06 

353. +Emergency Escape Breathing 

Apparatus (RRR) 

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

A, 122 Stat 4848 et seq.; Rail Safety 

Improvement Act of 2008; sec 413 49 

U.S.C. 20166 

Abstract: This rulemaking would 

prescribe regulations that require 

railroads to provide specified 

emergency escape breathing apparatus 

for all crew members in locomotive cabs 

on freight trains carrying poisoninhalation-hazard hazardous material 

and provide training in its use. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

12/06/10 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kathryn Shelton, 

Trial Attorney, Department of 

Transportation, Federal Railroad 

Administration, 1200 New Jersey Ave. 

SE., Washington, DC 20590, Phone: 

202–493–6063, Email: 

kathryn.shelton@fra.dot.gov. 

RIN: 2130–AC14 

354. Passenger Train Emergency 

Systems; Doors, Emergency Lighting, 

Emergency Signage and Markings for 

Egress and Access, and Low-Location 

Emergency Exit Path Marking; 

Miscellaneous Amendments 

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

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

20133, 20141, 20302 to 20303, 20306, 

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

21302, 21304 

Abstract: This rulemaking would 

amend the passenger equipment safety 

standards to enhance standards for 

passenger train emergency systems and 

would clarify the passenger train 

emergency preparedness standards. 

Specifically, FRA would incorporate by 

reference three APTA emergency system 

standards: ‘‘Standard for Emergency 

Lighting System Design for Passenger 

Cars,’’ ‘‘Standard for Emergency Signage 

for Egress/Access of Passenger Rail 

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

Miscellaneous amendments to FRA’s 

existing regulations would include: (1) 

Clarifying that new passenger cars must 

have at least two exterior side doors, 

one on each side; (2) requiring 

removable panels/windows in vestibule 

doors for new passenger cars; (3) 

consolidating various door requirements 

into one section for easier reference; and 

(4) revising part 239 to explicitly 

address train crew participation in 

debrief and critique sessions. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

03/05/12 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kathryn Shelton, 

Trial Attorney, Department of 

Transportation, Federal Railroad 

Administration, 1200 New Jersey Ave. 

SE., Washington, DC 20590, Phone: 

202–493–6063, Email: 

kathryn.shelton@fra.dot.gov. 

RIN: 2130–AC22 

355. Amendments Expanding the Drug 

Panel for FRA Post-Accident 

Toxicological Testing 

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

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

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

21301; 49 U.S.C. 21304 

Abstract: This rulemaking would 

expand the drug testing panel for FRA’s 

post-accident toxicological testing 

(PATT) program, which investigates the 

role of alcohol and drug use in serious 

train accidents. This rulemaking would 

also amend the requirements regarding 

the analysis of PATT results in 49 CFR 

219.211 to reflect that some of the drugs 

in the expanded panel are prescription 

and over-the-counter drugs that are not 

controlled substances. FRA has tested 

for the same basic panel of drugs since 

the beginning of PATT in 1985. 

Currently, FRA tests blood and urine 

specimens for eight drug classifications: 

alcohol, marijuana, cocaine, the opiates, 

the amphetamines, phencyclidine 

(PCP), the barbiturates, and the 

benzodiazepines. FRA would expand 

the PATT panel to include synthetic 

opiates, sedating antihistamines, MDMA 

and one of its analogues, and additional 

benzodiazepines. This rulemaking does 

not make any substantive changes to the 

prohibitions on the abuse of controlled 

substances and prescription drugs found 

in 49 CFR 219.102 and 219.103. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

07/16/12 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kathryn Shelton, 

Trial Attorney, Department of 

Transportation, Federal Railroad 

Administration, 1200 New Jersey Ave. 

SE., Washington, DC 20590, Phone: 

202–493–6063, Email: 

kathryn.shelton@fra.dot.gov. 

RIN: 2130–AC24 

356. Track Safety Standards: Improving 

Rail Integrity (RRR) 

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

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

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

110–432, 122 Stat 4885 

Abstract: This rulemaking would 

prescribe specific requirements for 

effective rail inspection frequencies, rail 

flaw remedial actions, minimum 

operator qualifications, and 

requirements for rail inspection records. 

In addition, it would remove the 

regulatory requirements concerning 

joint bar fracture reporting. Section 

403(c) of the Rail Safety Improvement 

Act of 2008 mandates that FRA 

promulgate regulations addressing rail 

flaw detection inspections. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

12/18/12 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kathryn Shelton, 

Trial Attorney, Department of 

Transportation, Federal Railroad 

Administration, 1200 New Jersey Ave. 

SE., Washington, DC 20590, Phone: 

202–493–6063, Email: 

kathryn.shelton@fra.dot.gov. 

RIN: 2130–AC28 

357. Railroad System Safety Program 

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

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

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

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

CFR 1.49 

Abstract: This rulemaking would 

improve passenger railroad safety 

through structured, proactive processes 

and procedures developed by passenger 

railroad operators. It would require 

passenger railroads to establish a 

System Safety Program that would 

mstockstill on DSK4VPTVN1PROD with 

1614 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 

systematically evaluate and manage 

risks in order to reduce the number and 

rates of railroad accidents, incidents, 

injuries and fatalities. This rulemaking 

was bifurcated from 2130–AC11. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

11/06/12 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kathryn Shelton, 

Trial Attorney, Department of 

Transportation, Federal Railroad 

Administration, 1200 New Jersey Ave. 

SE., Washington, DC 20590, Phone: 202 

493–6063, Email: 

kathryn.shelton@fra.dot.gov. 

RIN: 2130–AC31 

358. Revisions to Passenger Train 

Emergency Preparedness Regulations 

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

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

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

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

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

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

1.49 

Abstract: The rulemaking would 

propose a series of unrelated revisions 

to 49 CFR part 239. These proposed 

revisions would: (1) Create a definition 

for emergency response communication 

centers to ensure that railroad personnel 

who coordinate first responders receive 

control center employee training 

provided by part 239; (2) require 

railroads develop procedures to promote 

the safe evacuation of disabled 

passengers; (3) make the FRA 

emergency preparedness plan approval 

process more efficient; and (4) create 

new testing and inspection 

requirements for railroads covered by 

part 239. These revisions are based on 

a recommendation made to FRA by the 

Railroad Safety Advisory Committee. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

08/27/12 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kathryn Shelton, 

Trial Attorney, Department of 

Transportation, Federal Railroad 

Administration, 1200 New Jersey Ave. 

SE., Washington, DC 20590, Phone: 202 

493–6063, Email: 

kathryn.shelton@fra.dot.gov. 

RIN: 2130–AC33 

359. Roadway Worker Protection; 

Adjacent-Track On-Track Safety— 

Response to Petitions for 

Reconsideration 

Legal Authority: 49 U.S.C. 20103 

Abstract: This rulemaking would 

respond to petitions for reconsideration 

of the final rule published on November 

30, 2011. FRA received two petitions for 

reconsideration of the final rule from 

railroad industry organizations. The first 

petition raised concern with the final 

rule’s cost-benefit analysis and 

requested several amendments to the 

final rule to lessen the potential costs. 

The second petition discussed the final 

rule’s potential impact on passenger 

train service/resultant costs and 

requested an amendment to the final 

rule to allow passenger trains to travel 

at higher speeds when passing 

maintenance of way work zones 

implicated by the rulemaking. This 

Final Rule will make amendments to the 

original Adjacent-Track On-Track Safety 

Final Rule. 

Timetable: 

Action Date FR Cite 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kathryn Shelton, 

Trial Attorney, Department of 

Transportation, Federal Railroad 

Administration, 1200 New Jersey Ave. 

SE., Washington, DC 20590, Phone: 202 

493–6063, Email: 

kathryn.shelton@fra.dot.gov. 

RIN: 2130–AC37 

360. • Telephonic Notification at Grade 

Crossings—Response to Petitions for 

Reconsideration 

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

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

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

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

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

110–432, Div, sec 202, 205 

Abstract: The rulemaking would 

respond to petitions for reconsideration 

of the final rule published June 12, 

2012. This final rule will make 

amendments to the original Systems for 

Telephonic Notification of Unsafe 

Conditions at Highway-Rail and 

Pathway Grade Crossings Final Rule. 

Amendments will be made to certain 

compliance dates, signage, and thirdparty telephone service requirements. 

Timetable: 

Action Date FR Cite 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kathryn Shelton, 

Trial Attorney, Department of 

Transportation, Federal Railroad 

Administration, 1200 New Jersey Ave. 

SE., Washington, DC 20590, Phone: 202 

493–6063, Email: 

kathryn.shelton@fra.dot.gov. 

RIN: 2130–AC38 

361. • Locomotive Safety Standards 

Amendments—Response to Petitions for 

Reconsideration 

Legal Authority: 49 U.S.C. 20701 

Abstract: This rulemaking would 

amend and clarify certain sections of the 

Locomotive Safety Standards final rule 

that was issued on April 9, 2012. In 

response to eight petitions for 

reconsideration of the final rule, this 

rulemaking would amend and clarify 

the requirements related to remote 

control locomotives (RCL), locomotive 

alerters, and locomotive electronics. 

This rulemaking would also clarify how 

to properly record the air flow method 

calibration date and the duration of the 

audio indication for RCL. 

Timetable: 

Action Date FR Cite 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kathryn Shelton, 

Trial Attorney, Department of 

Transportation, Federal Railroad 

Administration, 1200 New Jersey Ave, 

SE., Washington, DC 20590, Phone: 202 

493–6063, Email: 

kathryn.shelton@fra.dot.gov. 

RIN: 2130–AC39 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Pipeline and Hazardous Materials 

Safety Administration (PHMSA) 

Proposed Rule Stage 

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

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

seq. 

Abstract: This rulemaking would 

establish effective procedures that 

hazardous liquid operators can use to 

improve the protection of High 

Consequence Areas (HCA) and other 

vulnerable areas along their hazardous 

mstockstill on DSK4VPTVN1PROD with 

Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 1615 

liquid onshore pipelines. PHMSA is 

considering whether changes are needed 

to the existing regulations covering 

hazardous liquid onshore pipelines, 

whether other areas should be included 

as HCAs for integrity management (IM) 

protections, what the repair timeframes 

should be for areas outside the HCAs 

that are assessed as part of the IM 

program, whether leak detection 

standards are necessary, valve spacing 

requirements are needed on new 

construction or existing pipelines, and 

PHMSA should extend regulation to 

certain pipelines currently exempt from 

regulation. The agency would also 

address the public safety and 

environmental aspects any new 

requirements, as well as the cost 

implications and regulatory burden. 

Timetable: 

Action Date FR Cite 

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

ANPRM Comment 

Period End.

01/18/11 

ANPRM Comment 

Period Extended.

01/04/11 76 FR 303 

ANPRM Extended 

Comment Period End.

02/18/11 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: John A Gale, 

Transportation Regulations Specialist, 

Department of Transportation, Pipeline 

and Hazardous Materials Safety 

Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

Phone: 202 366–0434, Email: 

john.gale@dot.gov. 

RIN: 2137–AE66 

363. • Pipeline Safety: Miscellaneous 

Amendments Related to 

Reauthorization and Petitions for 

Rulemaking (RRR) 

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

seq. 

Abstract: This rulemaking will 

address miscellaneous issues that have 

been raised because of the 

reauthorization of the pipeline safety 

program in 2012 and petitions for 

rulemaking from many affected 

stakeholders. Some of the issues that 

this rulemaking would address include, 

renewal process for special permits, cost 

recovery for design reviews and 

incident reporting. 

Timetable: 

Action Date FR Cite 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: John A Gale, 

Transportation Regulations Specialist, 

Department of Transportation, Pipeline 

and Hazardous Materials Safety 

Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

Phone: 202 366–0434, Email: 

john.gale@dot.gov. 

RIN: 2137–AE94 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Pipeline and Hazardous Materials 

Safety Administration (PHMSA) 

Final Rule Stage 

364. +Hazardous Materials: Revisions 

to Requirements for the Transportation 

of Lithium Batteries 

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

Abstract: This rulemaking would 

amend the Hazardous Materials 

Regulations to comprehensively address 

the safe transportation of lithium cells 

and batteries. The intent of the 

rulemaking is to strengthen the current 

regulatory framework by imposing more 

effective safeguards, including design 

testing to address risks related to 

internal short circuits, and enhanced 

packaging, hazard communication, and 

operational measures for various types 

and sizes of lithium batteries in specific 

transportation contexts. The rulemaking 

would respond to several 

recommendations issued by the 

National Transportation Safety Board. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

03/12/10 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kevin Leary, 

Transportation Specialist, Department 

of Transportation, Pipeline and 

Hazardous Materials Safety 

Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

Phone: 202 366–8553, Email: 

kevin.leary@dot.gov. 

RIN: 2137–AE44 

365. Hazardous Materials: 

Miscellaneous Amendments (RRR) 

(Section 610 Review) 

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

Abstract: This rulemaking would 

update and clarify existing requirements 

by incorporating changes into the 

Hazardous Materials Regulations (HMR) 

based on PHMSA’s own initiatives 

through an extensive review of the HMR 

and previously issued letters of 

interpretation. Specifically, among other 

provisions, PHMSA would provide for 

the continued use of approvals until 

final administrative action is taken, 

when a correct and completed 

application for approval renewal was 

received 60 days prior to expiration 

date; update various entries in the 

hazardous materials table and the 

corresponding special provisions; 

clarify the lab pack requirements for 

temperature controlled materials; 

correct an error in the HMR with regard 

to the inspection of cargo tank motor 

vehicles containing corrosive materials; 

and revise the training requirements to 

require that hazardous materials 

employers ensure their hazardous 

materials employee training records are 

available upon request to an authorized 

official of the Department of 

Transportation or the Department of 

Homeland Security. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

06/25/12 

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

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Robert Benedict, 

Transportation Regulations Specialist, 

Department of Transportation, Pipeline 

and Hazardous Materials Safety 

Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

Phone: 202–366–8553, Email: 

robert.benedict@dot.gov. 

RIN: 2137–AE78 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Maritime Administration (MARAD) 

Long-Term Actions 

366. +Regulations To Be Followed by 

All Departments, Agencies and 

Shippers Having Responsibility to 

Provide a Preference for U.S.-Flag 

Vessels in the Shipment of Cargoes on 

Ocean Vessels (RRR) 

Legal Authority: 49 CFR 1.66; 46 app 

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

U.S.C. 2302 (e)(1); Pub. L. 91–469 

Abstract: This rulemaking would 

revise and clarify the Cargo Preference 

rules that have not been revised 

substantially since 1971. Revisions 

mstockstill on DSK4VPTVN1PROD with 

1616 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 

would include an updated purpose and 

definitions section along with the 

removal of obsolete provisions. This 

rulemaking also would establish a new 

Part 383 to implement the Cargo 

Preference regulations. This rulemaking 

would cover Public Law 110–417, 

section 3511, National Defense 

Authorization Act for FY2009 changes 

to the cargo preference rules. The 

rulemaking also would include 

compromise, assessment, mitigation, 

settlement, and collection of civil 

penalties. Originally the agency had two 

separate rulemakings in process under 

RIN 2133–AB74 and 2133–AB75. RIN 

2133–AB74 would have revised existing 

regulations and RIN 2133–AB75 would 

have established a new part 383: 

Guidance and Civil Penalties and 

implement Public Law 110–417, section 

3511, National Defense Authorization 

Act for FY 2009. MARAD has decided 

it would be more efficient to merge both 

efforts under one; RIN 2133–AB75 has 

been merged with this action. 

Timetable: Next Action 

Undetermined. 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Christine Gurland, 

Department of Transportation, Maritime 

Administration, 1200 New Jersey Ave 

SE., Washington, DC 20590, Phone: 202 

366–5157, Email: 

christine.gurland@dot.gov. 

RIN: 2133–AB74 

[FR Doc. 2012–31500 Filed 1–7–13; 8:45 am] 

BILLING CODE 4910–81–P 

mstockstill on DSK4VPTVN1PROD with 

Vol. 78 Tuesday, 

No. 5 January 8, 2013 

Part XIII 

Department of the Treasury 

Semiannual Regulatory Agenda 

mstockstill on DSK4VPTVN1PROD with