Report on DOT Significant Rulemakings

Table of Contents

Federal Aviation Administration

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

2. AVS Safety Management System (AVSSMS)

3. Pilot-in-Command Proficiency Check and Other Changes to the Pilot and Pilot School Certification Rules

4. Certification of Turbofan Powered Airplanes and Miscellaneous Amendments

5. Supercooled Large Droplet Icing Conditions

6. Restrictions on Operators Employing Former Flight Standards Service Aviation Safety Inspectors

7. Airport Safety Management System

8. Photo Requirements for Pilot Certificates

9. Part 121 - Activation of Ice Protection

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

11. Flight and Duty Time Limitations and Rest Requirements

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

13. Repair Stations

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

5900)

15. Update of Overflight Fees

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

17. Requirement for Wildlife Assessments at Certificated Airports

18. Part 121 Exiting Icing Conditions

19. Air Carrier Maintenance Training Program

20. Safety Management Systems for Part 121 Certificate Holders

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

22. New York Congestion Management Rule for LaGuardia Airport, John F. Kennedy International Airport, and

Newark Liberty International Airpor

23. Lavatory Oxygen Systems

24. Prohibition Against Certain Flights Within the Tripoli (HLLL) Flight Information Region (FIR)

Federal Highway Administration

25. Real-Time System Management Information Program (Final Rule w/ Request for Comments)

26. National Tunnel Inspection Standards

27. Lane Line Retroreflectivity

28. Emergency Relief Program

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

and Highways; Engineering Judgments

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

and Highways; Compliance Dates Revision

Federal Motor Carrier Safety Administration

31. Unified Registration System

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

Commercial Zones on the U.S.-Mexico Border

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

United States

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

35. Limitations on the Issuance of Commercial Driver Licenses with a Hazardous Materials Endorsement
36. Qualifications of Drivers; Diabetes Standard

37. National Registry of Certified Medical Examiners

38. Consumer Complaint Information

39. Commercial Driver's License Testing and Commercial Learner's Permit Standards

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

41. Carrier Safety Fitness Determination

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

Improvement Act of 1999

43. Commercial Driver's License Drug and Alcohol Clearinghouse

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

45. Hours of Service

46. Drivers of Commercial Vehicles: Restricting the Use of Cellular Phones

47. Drivers of CMVs: Addressing Distracted Driving

Federal Railroad Administration

48. Roadway Worker Protection; Adjacent-Track On-Track Safety

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

50. Training Standards for Railroad Employees

51. Vehicle/Track Interaction Safety Standards; High-Speed and High Cant Deficiency Operations

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

53. Risk Reduction Program

54. Emergency Escape Breathing Apparatus

55. Hours of Service: Passenger Train Employees

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

Service

57. Amendments Expanding the Drug Panel for FRA Post-Accident Toxicological Testing

58. Medical Standards for Certified Locomotive Engineers and Conductors

59. Positive Train Control Systems Amendments

Federal Transit Administration

60. Capital Project Management

61. Major Capital Investment Projects

Maritime Administration

62. 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.

63. Cargo Preference - Compromise, Assessment, Mitigation, Settlement & Collection of Civil Penalties

National Highway Traffic Safety Administration

64. Federal Motor Vehicle Safety Standard No. 111, Rearview Mirrors

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

66. Vehicle Labeling - Fuel Economy, Greenhouse Gas and Other Emissions

67. Commercial Medium- and Heavy-Duty On-Highway Vehicles and Work Truck Fuel Efficiency Standards

68. Alternative Fuel Vehicle Badging, Fuel Compartment Labels and Consumer Information on Alternative Fuel

Usage

69. Tire Fuel Efficiency Consumer Information - Part 2

70. Passenger Car and Light Truck Corporate Average Fuel Economy Standards MYs 2017 and Beyond

71. Tire Fuel Efficiency Petitions for Reconsideration

72. Mandatory Part 563 Event Data Recorder Requirements

73. Upgrade of Event Data Recorder Requirements

Office of the Secretary
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.

74. Aviation Data Requirements Review and Modernization Program

75. Transportation for Individuals with Disabilites" Miscellaneous Amendments

76. Protection of Sensitive Security Information

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

Production Act

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

79. Stowage of Wheelchairs, other mobility Aids and other Assistive Devices

80. Accessibility of Airports

81. Enhancing Airline Passenger Protections - Part 2

82. Carrier-Supplied Medical Oxygen, Service Animals, and Accessibility of Carrier Websites, Kiosks, and InFlight Entertainment Systems

83. Smoking of Electronic Cigarettes On Commercial Aircraft

Pipeline and Hazardous Materials Safety Administration

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

85. Hazardous Materials: Bulk Loading and Unloading Operations

86. Pipeline Safety: Enforcement of State Excavation Damage Laws

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

88. Hazardous Materials: Combustible Liquids

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

Flammable Liquids (Wetlines)

90. Hazardous Materials: Limiting the Use of Electronic Devices by Highway

91. Pipeline Safety: Control Room Management; Change in Implementation Period

92. Hazardous Materials: Limiting the Use of Mobile Telephones by Highway

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

94. Drivers of CMVs: Addressing Distracted Driving

95. Hazardous Materials: Transportation of Lithium Batteries

96. Hazardous Materials: Revision of Requirements for Fireworks Approvals

Research and Innovative Technology Administration

97. Reporting Ancillary Airline Passenger Revenues
Effects:

Regulatory Flexibility Act

Information Collection

Prompting action: None

Legal Deadline: None

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

Publication Date 04/20/2010 04/11/2011

End of Comment Period 06/21/2010 06/11/2011

Explanation for any delay: Additional coordination necessary

Federal Register Citation for SNPRM: None

AVS Safety Management System (AVSSMS) Black

Federal Aviation Administration

2.

Popular Title: Withdrawal

RIN 2120-AJ15

Stage: Withdrawal

Previous Stage: ANPRM: Publication Date 7/23/2009; End of Comment Period

10/21/2009.

Abstract: This rulemaking would have required a Safety Management System (SMS) for

FAA certificate holders, certain product manufacturers, applicants, and employers.

However, the advance notice of proposed rulemaking (ANPRM) proposed a broader rule

than the FAA is now developing. The FAA is now withdrawing the ANPRM. In place of

the ANPRM, the FAA is developing a final rule per Public Law 111-216, sec. 215 to

"require all part 121 air carriers to implement a safety management system." Following this

Congressionally mandated rulemaking, the FAA is considering additional SMS rulemaking

for commuter and on-demand operations, manufacturers, and repair stations. All SMS

rulemakings are intended to further enhance the practice of managing safety, conducting

risk and system assessments and analysis, undertaking preventive and corrective actions,

and creating a safety culture.

Effects:

Information Collection

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: Final rule : 07/23/2011

Rulemaking Project Initiated: 09/25/2007

Docket Number: FAA-2009-0671
Dates for Withdrawal:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

Publication Date 04/11/2011 03/17/2011

Explanation for any delay: N/A

Federal Register Citation for Withdrawal: 76 FR 14592

Pilot-in-Command Proficiency Check and Other Changes to the Pilot and

Pilot School Certification Rules

Red

Federal Aviation Administration

3.

Popular Title: PIC Proficiency

RIN 2120-AJ18

Stage: Final Rule

Previous Stage: NPRM: Publication Date 08/31/2009; End of Comment Period 11/30/2009

Abstract: This rulemaking would require proficiency checks for pilots in command (PICÂ

 ́s) of single-piloted turbojet powered airplanes, allow pilot schools to use Internet-based

training without requiring schools to have a physical ground training facility, allow pilot

schools and provisional pilot schools to apply for a combined private pilot certification and

instrument rating course, and revise the definition of "complex airplane." FAA believes

these actions are necessary to respond to changes in the aviation industry and to avoid

imposing unnecessary regulatory burdens. The intended effect of this rulemaking would be

to ensure flight crewmembers have the training and qualifications necessary to operate

aircraft safely.

Effects:

Information Collection

Prompting action: None

Legal Deadline: Final Rule : 03/30/2011

Rulemaking Project Initiated: 07/24/2007

Docket Number: FAA-2008-0938

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 11/05/2010 01/07/2011 01/12/2011

To OMB 12/08/2010 04/15/2011

OMB Clearance 03/09/2011 07/15/2011

Publication Date 03/24/2011 08/01/2011

Explanation for any delay: Other, higher priorities

Federal Register Citation for Final Rule: None

Certification of Turbofan Powered Airplanes and Miscellaneous

Amendments

Red

Federal Aviation Administration

4.

Popular Title: Turbofan Powered Airplanes

RIN 2120-AJ22

Stage: Final Rule
Previous Stage: NPRM: Publication Date 8/17/2009; End of Comment Period 11/16/2009;

Extension of Comment Period 11/16/2009; End of Extended Comment Period 12/16/2009.

Abstract: This rulemaking would address certification and operational issues surrounding

the introduction of turbofan powered airplanes. This action is necessary to standardize

certification requirements and consolidate these requirements into one location. The intent

is to ensure the same standards apply to all light aircraft.

Effects:

None

Prompting action: None

Legal Deadline: Final Rule : 04/16/2011

Rulemaking Project Initiated: 01/02/2008

Docket Number: FAA-2009-0738

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 02/11/2011 04/05/2011 04/01/2011

To OMB 03/11/2011 05/05/2011

OMB Clearance 06/13/2011 08/05/2011

Publication Date 06/27/2011 08/22/2011

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None

Supercooled Large Droplet Icing Conditions Green

Federal Aviation Administration

5.

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

To OMB 10/21/2011

OMB Clearance 01/20/2012

Publication Date 02/06/2012

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Restrictions on Operators Employing Former Flight Standards Service

Aviation Safety Inspectors

Green

Federal Aviation Administration

6.

Popular Title: Post Employment Restrictions

RIN 2120-AJ36

Stage: Final Rule

Previous Stage: NPRM: Publication Date 11/20/2009; End of Comment Period 2/18/2010.

Abstract: This rulemaking would prohibit a certificate holder from employing or

contracting with a former Aviation Safety Inspector (ASI) or other person with certificate

holder oversight responsibilities to act as an agent or to represent that certificate holder in

any matter before the FAA. This restriction would apply if the person, in the proceeding

two year period, has (a) served as, or was responsible for oversight of, a Flight Standards

Service ASI; and (b) had the responsibility to inspect, or oversee the inspection of, the

operations of the certificate holder. The rulemaking would enhance the FAAÂ ́s ability to

properly perform its safety mission and to ensure that every passenger can have complete

confidence in the integrity of the programs and operations administered by the FAA.

Effects:

None

Prompting action: None

Legal Deadline: Final Rule : 06/18/2011

Rulemaking Project Initiated: 06/16/2008

Docket Number: FAA-2008-1154

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 01/25/2011 01/31/2011

To OMB 02/25/2011 03/03/2011

OMB Clearance 05/24/2011 06/01/2011

Publication Date 06/10/2011 06/16/2011

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Airport Safety Management System Red

Federal Aviation Administration

7.

Popular Title: Airport SMS
RIN 2120-AJ38

Stage: NPRM

Previous Stage:None

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: None

Rulemaking Project Initiated: 07/22/2008

Docket Number: FAA-2010-0997

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 02/17/2010 04/27/2010 04/27/2010

To OMB 03/18/2010 06/18/2010 06/17/2010

OMB Clearance 06/18/2010 09/20/2010 09/28/2010

Publication Date 07/02/2010 10/12/2010 10/07/2010

End of Comment Period 10/04/2010 01/05/2011 01/05/2011

Publication Date for Extension of Comment Period 12/10/2010

End of Extended of Comment Period 03/07/2011

Extension of Comment Period/2 03/07/2011

End of Extension of Comment Period/2 07/05/2011

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: 75 FR 62008

Photo Requirements for Pilot Certificates Red

Federal Aviation Administration

8.

Popular Title: Photo Requirements

RIN 2120-AJ42

Stage: NPRM

Previous Stage:None

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 NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 08/24/2009 03/16/2010 03/10/2010

To OMB 09/24/2009 07/12/2010 07/14/2010

OMB Clearance 12/24/2009 10/14/2010 11/05/2010

Publication Date 01/15/2010 11/19/2010 11/19/2010

End of Comment Period 04/15/2010 02/17/2011 02/17/2011

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: 75 FR 70871

Part 121 - Activation of Ice Protection Red

Federal Aviation Administration

9.

Popular Title: Part 121 - Ice Protection

RIN 2120-AJ43

Stage: Final Rule

Previous Stage: NPRM: Publication Date 11/23/2009; End of Comment Period 02/22/2010

Abstract: This rulemaking would amend the regulations applicable to operators of certain

airplanes used in air carrier service and certificated for flight in icing conditions. The

standards would require either the installation of ice detection equipment or changes to the

Airplane Flight Manual to ensure timely activation of the airframe ice protection system.

This regulation is the result of information gathered from a review of icing accidents and

incidents, and it is intended to improve the level of safety when airplanes are operated in

icing conditions.

Effects:

Regulatory Flexibility Act

Prompting action: None

Legal Deadline: Final Rule : 06/22/2011

Rulemaking Project Initiated: 12/08/1997

Docket Number: FAA-2009-0675

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 01/03/2011 01/24/2011 01/13/2011

To OMB 02/10/2011 04/08/2011

OMB Clearance 05/10/2011 07/08/2011

Publication Date 05/27/2011 07/25/2011

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None

Air Ambulance and Commercial Helicopter Operations; Safety Initiatives

and Miscellaneous Amendments

Red

Federal Aviation Administration

10.

Popular Title: Helicopter Safety Initiatives and Misc Amendments
RIN 2120-AJ53

Stage: NPRM

Previous Stage:None

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:

Regulatory Flexibility Act

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 04/15/2009

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 01/29/2010 03/12/2010 03/03/2010

To OMB 03/01/2010 06/06/2010 06/17/2010

OMB Clearance 06/01/2010 09/28/2010 09/28/2010

Publication Date 06/09/2010 10/12/2010 10/12/2010

End of Comment Period 09/09/2010 01/14/2011 01/10/2011

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: 75 FR 62640

Flight and Duty Time Limitations and Rest Requirements Green

Federal Aviation Administration

11.

Popular Title: Flight/Duty/Rest Requirements

RIN 2120-AJ58

Stage: Final Rule

Previous Stage: NPRM: Publication Date 09/14/2010;End of Comment Period 11/15/2010.

Abstract: This rulemaking would amend existing flight, duty, and rest regulations applicable

to certificate holders and their flightcrew members. The new requirements would eliminate

the current distinctions between domestic, flag, and supplemental operations. Also, the

rulemaking would provide different requirements based on the time of day, whether an

individual is acclimated to a new time zone, and the likelihood of being able to sleep under

different circumstances. This rulemaking is necessary to improve aviation safety by

providing applicable persons with the opportunity for sufficient rest. This rulemaking is

related to the following: an NPRM (RIN 2120-AF63), and a Withdrawal (RIN 2120-AI93).

Last month's status report had a incorrect schedule for this rulemaking. We have replaced it

with the correct schedule.

Effects:

Economically Significant

Major

Regulatory Flexibility Act

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

Rulemaking Project Initiated: 06/24/2009

Docket Number: FAA-2009-1093

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 05/27/2011

To OMB 06/13/2011

OMB Clearance 07/28/2011

Publication Date 08/08/2011

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

12.

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:

Regulatory Flexibility Act

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 04/14/2011

To OMB 02/03/2011 05/17/2011

OMB Clearance 03/07/2011 08/15/2011

Publication Date 03/10/2011 09/01/2011

End of Comment Period 07/14/2011 11/30/2011

Explanation for any delay: Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: None

Repair Stations Red

Federal Aviation Administration

13.
Popular Title: Repair Stations

RIN 2120-AJ61

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would update and revise the regulations for repair stations. The

action is necessary because many portions of the current regulations do not reflect current

repair station business practices, aircraft maintenance practices, or advances in aircraft

technology.

Effects:

Regulatory Flexibility Act

Federalism 

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 06/26/2008

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 07/09/2010 06/14/2011

To OMB 08/09/2010 07/14/2011

OMB Clearance 11/08/2010 10/14/2011

Publication Date 11/29/2010 10/28/2011

End of Comment Period 02/22/2011 01/23/2012

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

14.

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:

None

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 04/01/2011

OMB Clearance 01/21/2011 07/01/2011

Publication Date 01/28/2011 07/08/2011

End of Comment Period 04/28/2011 09/08/2011

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

Update of Overflight Fees Green

Federal Aviation Administration

15.

Popular Title: Overflight Fees

RIN 2120-AJ68

Stage: Final Rule

Previous Stage: NPRM: Publication Date 09/28/2010;End of Comment Period 12/27/2010.

Abstract: This rulemaking would adjust existing overflight fees by using current FAA cost

accounting data and air traffic activity data. This action is necessary because operational

costs for providing air traffic control and related services for overflights have increased

steadily since they were established in 2001.

Effects:

None

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 01/09/2009

Docket Number:

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 08/16/2011

To OMB 09/16/2011

OMB Clearance 12/15/2011

Publication Date 12/30/2011

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Prohibition Against Certain Flights Within the Territory and Airspace of

Afghanistan

Red

Federal Aviation Administration

16.

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

Date

New 

Projected

Date

Actual

Date

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

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

OMB Clearance 09/21/2010 07/25/2011

Publication Date 09/30/2010 08/11/2011

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

17.

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
To OMB 03/17/2011 06/17/2011

OMB Clearance 06/14/2011 09/19/2011

Publication Date 06/24/2011 09/29/2011

End of Comment Period 09/22/2011 12/29/2011

Explanation for any delay: Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: None

Part 121 Exiting Icing Conditions Red

Federal Aviation Administration

18.

Popular Title: Exiting Icing Conditions

RIN 2120-AJ74

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would require operators of certain airplanes used in air carrier

service and certificated for flight in icing conditions to: 1. enable the flightcrew to determine

when the airplane is in large drop icing conditions, and 2. require follow-on flightcrew action

in these conditions for certain airplanes with reversible flight controls for the pitch and/or

roll axis. This rulemaking is the result of information gathered from a review of icing

accidents and incidents, and it is intended to improve the level of safety when airplanes are

operated in icing conditions.

Effects:

Regulatory Flexibility Act

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 06/16/2011 11/09/2011

To OMB 07/18/2011 12/12/2011

OMB Clearance 10/18/2011 03/12/2012

Publication Date 11/02/2011 04/02/2012

End of Comment Period 01/03/2012 07/02/2012

Explanation for any delay: Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: None

Air Carrier Maintenance Training Program Red

Federal Aviation Administration

19.

Popular Title: Air Carrier Maintenance Training

RIN 2120-AJ79

Stage: NPRM

Previous Stage:None

Abstract: This proposed rule would require FAA approval of an air carrier maintenance

program if they operate aircraft with 10 or more passenger seats. The intent of this proposed
rule is to reduce the number of accidents and incidents caused by human error, fatigue,

improper maintenance, inspection, or repair practices.

Effects:

Regulatory Flexibility Act

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 04/26/2011

To OMB 02/24/2011 05/27/2011

OMB Clearance 05/24/2011 08/29/2011

Publication Date 06/01/2011 09/09/2011

End of Comment Period 08/30/2011 12/08/2011

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

Safety Management Systems for Part 121 Certificate Holders Green

Federal Aviation Administration

20.

Popular Title: SMS for Part 121

RIN 2120-AJ86

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would require all part 121 air carriers to implement a safety

management system (SMS). Congress passed Public Law 111-216 instructing FAA to

conduct a rulemaking to require all part 121 air carriers to implement an SMS. The proposed

rule must include the following safety management elements: requirements based on risk

management, quality management techniques to develop safety assurance, use of interrelated

systems to measure effectiveness of safety measures, and promotion of an organization-wide

safety culture. Congress further required that the FAA consider at a minimum each of the

following as part of the SMS rulemaking: (1) An Aviation Safety Action Program (ASAP),

(2) A Flight Operational Quality Assurance Program (FOQA), (3) A Line Operations Safety

Audit, and (4) An Advance Qualification Program.

Effects:

Regulatory Flexibility Act

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 NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date
To OST 10/08/2010 10/08/2010

To OMB 10/15/2010 10/27/2010

OMB Clearance 10/22/2010 10/29/2010

Publication Date 10/29/2010 11/05/2010

End of Comment Period 01/31/2011 02/03/2011

Publication Date for Extension of Comment Period 01/31/2011

End of Extended of Comment Period 03/07/2011

Explanation for any delay: N/A

Federal Register Citation for NPRM: 75FR68224

Flight Crewmember Mentoring, Leadership and Professional Development

(HR 5900)

Green

Federal Aviation Administration

21.

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

OMB Clearance 07/29/2011

Publication Date 07/29/2011

End of Comment Period 10/26/2011

Explanation for any delay: N/A

Federal Register Citation for NPRM: None

New York Congestion Management Rule for LaGuardia Airport, John F.

Kennedy International Airport, and Newark Liberty International Airpor

Green

Federal Aviation Administration

22.

Popular Title: NY Congestion 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

To OMB 04/25/2011

OMB Clearance 07/25/2011

Publication Date 07/29/2011

End of Comment Period 10/27/2011

Explanation for any delay: N/A

Federal Register Citation for NPRM: None

Lavatory Oxygen Systems Black

Federal Aviation Administration

23.

Popular Title: Lavatory Oxygen Systems

RIN 2120-AJ92

Stage: Interim Final Rule

Previous Stage:None

Abstract: This rulemaking would temporarily authorize variances from existing standards

related to the provisioning of supplemental oxygen inside lavatories. This action is

necessitated by other mandatory actions that temporarily render such oxygen systems

inoperative.

Effects:

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 02/14/2011

Docket Number: FAA-2011-0186

Dates for Interim Final Rule:

Milestone Originally New Actual
Scheduled

Date

Projected

Date

Date

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

Publication Date 03/08/2011 03/08/2011

End of Comment Period 05/09/2011 05/09/2011

Explanation for any delay: N/A

Federal Register Citation for Interim Final Rule: 76 FR 12550

Prohibition Against Certain Flights Within the Tripoli (HLLL) Flight

Information Region (FIR)

Black

Federal Aviation Administration

24.

Popular Title: Libya SFAR

RIN 2120-AJ93

Stage: Final Rule

Previous Stage:None

Abstract: This action prohibits flight operations within the Tripoli (HLLL) Flight

Information Region (FIR) by all: (1) U.S. air carriers; (2) U.S. commercial operators; (3)

operators of U.S.-registered aircraft, except operators of U.S.-registered aircraft that are

foreign air carriers; and (4) persons exercising the privileges of an airman certificate issued

by the FAA, except when such persons are operating a U.S.-registered aircraft for a foreign

air carrier. The FAA finds this action necessary to prevent a potential hazard to persons and

aircraft engaged in such flight operations.

Effects:

None

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 03/11/2011

Docket Number:

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 03/18/2011

To OMB 03/20/2011

OMB Clearance 03/20/2011

Publication Date 03/23/2011 03/23/2011

Explanation for any delay: N/A

Federal Register Citation for Final Rule: 76fr16236

Real-Time System Management Information Program (Final Rule w/

Request for Comments)

Red

Federal Highway Administration

Federal Highway Administration

25.

Popular Title: Real-Time Management

RIN 2125-AF19
Stage: Final Rule

Previous Stage: NPRM: Publication Date 1/14/2009; End of Comment Period 4/14/2009.

Abstract: This action would establish a real-time system management information program

to provide, in all States, the capability to monitor, in real-time, the traffic and travel

conditions of the major highways of the United States. Section 1201 of the Safe,

Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEALU) provides that the purpose of this program would be to improve the security of the

surface transportation system, to address the congestion problems facing motorists, to

support improved response to weather events and surface transportation incidents and to

facilitate national and regional highway traveler information.

Effects:

Economically Significant

Major

Prompting action: Statute

Legal Deadline: None

Rulemaking Project Initiated: 10/31/2006

Docket Number: FHWA-2006-24219

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 08/28/2009 02/02/2010 02/02/2010

To OMB 09/28/2009 07/02/2010 07/14/2010

OMB Clearance 12/28/2009 10/02/2010 10/13/2010

Publication Date 01/04/2010 11/08/2010 11/08/2010

End of Comment Period 12/23/2010 12/23/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: 75 FR 68418

National Tunnel Inspection Standards Green

Federal Highway Administration

26.

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

To OMB 07/01/2011

OMB Clearance 10/03/2011

Publication Date 10/14/2011

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Lane Line Retroreflectivity Green

Federal Highway Administration

27.

Popular Title: Lane Retroreflectivity

RIN 2125-AF34

Stage: Final Rule

Previous Stage: NPRM: Publication Date 4/22/2010; End of the 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.

Effects:

None

Prompting action: Statute

Legal Deadline: None

Rulemaking Project Initiated: 12/07/2009

Docket Number: FHWA-2009-0139

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 08/26/2011

To OMB 09/28/2011

OMB Clearance 12/28/2011

Publication Date 12/30/2011

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Emergency Relief Program Yellow

Federal Highway Administration

28.

Popular Title: ER Program

RIN 2125-AF38

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would amend 23 CFR Part 668 to update the annual threshold for
an ER event, raise the site threshold and clarify the definition of a site, clarify other

definitions, and provide specific time limit restrictions for States when filing a claim for ER

eligible work. This rulemaking also would require States to develop a plan for obligation

needs for ER funding and impose restrictions on the applicability of "quick release" ER

allocations.

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 03/07/2011 04/22/2011

To OMB 04/07/2011 05/23/2011

OMB Clearance 07/07/2011 08/23/2011

Publication Date 07/22/2011 08/30/2011

End of Comment Period 09/22/2011 10/30/2011

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

National Standards for Traffic Control Devices; the Manual on Uniform

Traffic Control Devices for Streets and Highways; Engineering

Judgments

Yellow

Federal Highway Administration

29.

Popular Title: MUTCD Revision

RIN 2125-AF41

Stage: NPRM

Previous Stage:None

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: None

Legal Deadline: None

Rulemaking Project Initiated: 12/03/2010

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 02/14/2011 03/31/2011 03/31/2011

To OMB 03/14/2011 05/01/2011
OMB Clearance 06/14/2011 08/01/2011

Publication Date 06/20/2011 08/05/2011

End of Comment Period 08/22/2011 10/05/2011

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

National Standards for Traffic Control Devices; the Manual on Uniform

Traffic Control Devices for Streets and Highways; Compliance Dates

Revision

Green

Federal Highway Administration

30.

Popular Title: MUTCD Compliance Dates

RIN 2125-AF43

Stage: NPRM

Previous Stage:None

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: None

Legal Deadline: None

Rulemaking Project Initiated: 01/20/2011

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 04/01/2011

To OMB 05/02/2011

OMB Clearance 07/29/2011

Publication Date 08/03/2011

End of Comment Period 08/17/2011

Explanation for any delay: N/A

Federal Register Citation for NPRM: None

Unified Registration System Red

Federal Motor Carrier Safety Administration

Federal Motor Carrier Safety Administration

31.

Popular Title: URS

RIN 2126-AA22

Stage: SNPRM

Previous Stage: ANPRM: Publication Date 8/26/96; End of Comment Period 10/25/96.

NPRM: Publication Date 05/19/2005;End of Comment Period 08/17/2005.

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 SNPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 02/02/2007 03/14/2011 03/15/2011

Concurrences Due to OST 02/07/2007 03/21/2011 03/22/2011

Withdrawn from OST 03/16/2011

Resubmitted to OST/2 03/25/2011

Concurrences Due/2 04/01/2011

To C-1 02/12/2007 04/14/2011

To S-1 02/15/2007 04/28/2011

To OMB 03/08/2007 04/29/2011

OMB Clearance 06/08/2007 08/01/2011

Publication Approved 06/15/2007 08/08/2011

Publication Date 06/29/2007 08/15/2011

End of Comment Period 09/28/2007 10/17/2011

Explanation for any delay: Unanticipated issues requiring further analysis

Federal Register Citation for SNPRM: 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

32.

Popular Title: Mexico-Domiciled Motor Carriers

RIN 2126-AA34

Stage: Undetermined

Previous Stage: NPRM: Publication Date 05/03/2001; End of Comment Period 07/02/2001.

Interim Final Rule: 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 State-
Mexico 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 enactment of any pending legislation

authorizing cross border trucking.

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

33.

Popular Title: Safety Monitoring

RIN 2126-AA35

Stage: Undetermined

Previous Stage: NPRM: Publication Date 05/03/2001; End of Comment Period 07/02/2001.

Interim Final Rule: 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 enactment of any pending

legislation authorizing cross border trucking.

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

34.

Popular Title: Safety Auditors Certification

RIN 2126-AA64

Stage: NPRM

Previous Stage: Interim Final Rule: Publication Date 03/19/2002; End of Comment Period

05/20/2002; Extension of Compliance 06/17/02; End of Extended Compliance 07/17/02. IFR

Extension of Statutory Compliance Date: Publication Date 7/28/2003. Notice of

Environmental Assessment: Publication Date 10/02/2003; End of Comment Period

11/03/2003. Notice of Statutory Compliance Date: Publication Date 12/23/2003; Compliance

Date 1/01/2004.

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 NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 07/08/2005 08/15/2011

To OMB 08/08/2005 09/16/2011

OMB Clearance 11/07/2005 12/16/2011

Publication Date 11/14/2005 12/27/2011

End of Comment Period 01/13/2006 02/28/2012

Explanation for any delay: Other, higher priorities

Federal Register Citation for NPRM: None

Limitations on the Issuance of Commercial Driver Licenses with a

Hazardous Materials Endorsement

Green

Federal Motor Carrier Safety Administration

35.

Popular Title: USA PATRIOT Act Rule

RIN 2126-AA70

Stage: Interim Final Rule/4

Previous Stage: Interim Final Rule: Publication Date 05/05/2003; End of Comment Period

07/07/2003. IFR Delay of Compliance Date: Publication Date 11/07/2003; End of Comment

Period 01/06/2004. IFR Delay of Compliance Date: Publication Date 08/19/2004; Interim

Final Rule/3: Publication Date 08/19/2004.

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 Interim Final Rule/4:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 03/22/2005 03/21/2005

To OMB 04/14/2005

OMB Clearance 04/25/2005

Publication Approved 05/26/2005 04/25/2005
Publication Date 05/31/2005 04/29/2005

Explanation for any delay: N/A

Federal Register Citation for Interim Final Rule/4: 70 FR 22268

Qualifications of Drivers; Diabetes Standard Red

Federal Motor Carrier Safety Administration

36.

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 04/09/2012

To OMB 08/20/2010 05/14/2012

OMB Clearance 11/19/2010 08/14/2012

Publication Date 11/30/2010 08/23/2012

End of Comment Period 01/30/2011 10/23/2012

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

37.

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 drivers

meet established physical qualifications standards; provide a database (or National Registry)

of medical examiners that meet the prescribed standards for use by motor carriers, drivers,

and Federal and State enforcement personnel in determining whether a medical examiner is
qualified to conduct examinations of interstate truck and bus drivers; and require medical

examiners to transmit electronically to FMCSA the name of the driver and a numerical

identifier for each driver that is examined. The rulemaking would also establish the process

by which medical examiners that fail to meet or maintain the minimum standards would be

removed from the National Registry. This action is in response to section 4116 of Safe,

Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users

(SAFETEA-LU).

Effects:

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 07/25/2011

To OMB 01/21/2010 08/29/2011

OMB Clearance 04/21/2010 11/28/2011

Publication Date 05/05/2010 12/09/2011

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

38.

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 10/20/2011

To OMB 09/24/2010 11/23/2011

OMB Clearance 12/24/2010 02/22/2012

Publication Date 01/07/2011 03/02/2012

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None

Commercial Driver's License Testing and Commercial Learner's Permit

Standards

Red

Federal Motor Carrier Safety Administration

39.

Popular Title: Commercial Learner's Permit

RIN 2126-AB02

Stage: Final Rule

Previous Stage: NPRM: Publication Date 4/9/2008 ;End of Comment Period 6/9/2008; End

of Extended Comment Period 7/9/2008.

Abstract: This rulemaking would establish revisions to the commercial driverÂ ́s license

knowledge and skills testing standards as required by section 4019 of TEA-21, implement

fraud detection and prevention initiatives at the State driver licensing agencies as required by

the SAFE Port Act of 2006, and establish new minimum Federal standards for States to issue

commercial learnerÂ ́s permits (CLPs), based in part on the requirements of section 4122 of

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

(SAFETEA-LU). In addition to ensuring the applicant has the appropriate knowledge and

skills to operate a commercial motor vehicle, this rule would establish the minimum

information that must be on the CLP document and the electronic driverÂ ́s record. The rule

would also establish maximum issuance and renewal periods, establish a minimum age limit,

address issues related to a driverÂ ́s State of Domicile, and incorporate previous regulatory

guidance into the Federal regulations. This rulemaking would also address issues raised in

the SAFE Port Act.

Effects:

Regulatory Flexibility Act

Federalism 

Information Collection

Prompting action: Statute

Legal Deadline: Final Rule : 04/13/2008

Rulemaking Project Initiated: 08/10/2005

Docket Number: FMCSA-2007-27659

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 10/01/2009 10/11/2010 10/04/2010

To OMB 10/30/2009 11/22/2010 11/22/2010

OMB Clearance 01/29/2010 04/22/2011 03/11/2011

Publication Date 02/19/2010 04/08/2011
Explanation for any delay: Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None

Minimum Training Requirements for Entry Level Commercial Motor

Vehicle Operations

Red

Federal Motor Carrier Safety Administration

40.

Popular Title: Entry Level Driver Training

RIN 2126-AB06

Stage: Final Rule

Previous Stage: NPRM: Publication Date 12/26/2007; End of Comment Period 3/28/2008;

Publication Date for Extension of Comment Period 3/21/2008; 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 Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 10/16/2009 07/18/2011

To OMB 11/16/2009 08/18/2011

OMB Clearance 02/16/2010 11/18/2011

Publication Date 02/26/2010 11/25/2011

Explanation for any delay: Additional coordination necessary

Unanticipated impacts requiring further analysis

Federal Register Citation for Final Rule: None

Carrier Safety Fitness Determination Red

Federal Motor Carrier Safety Administration

41.

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 major new initiative, Comprehensive Safety Analysis (CSA)

2010. CSA 2010 is a new operational model FMCSA plans to implement 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 audits, the compliance review is the

AgencyÂ ́s primary intervention. Under CSA 2010, 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 consisting of crashes, inspections, and violation history

rather than 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:

Economically Significant

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 06/20/2011

To OMB 12/15/2007 07/22/2011

OMB Clearance 03/15/2008 10/24/2011

Publication Date 03/29/2008 11/02/2011

End of Comment Period 06/29/2008 01/02/2012

Explanation for any delay: Awaiting development of additional data

Additional coordination necessary

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

42.

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

43.

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€TMs 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:

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 New Actual
Scheduled

Date

Projected

Date

Date

To OST 02/01/2010 07/19/2011

To OMB 03/01/2010 08/22/2011

OMB Clearance 05/31/2010 11/22/2011

Publication Date 06/18/2010 12/01/2011

End of Comment Period 09/30/2010 02/01/2012

Explanation for any delay: Additional coordination necessary

Other, higher priorities

Federal Register Citation for NPRM: None

Electronic On-Board Recorders and Hours of Service Supporting

Documents

Red

Federal Motor Carrier Safety Administration

44.

Popular Title: EOBR and HOS supporting documents

RIN 2126-AB20

Stage: NPRM

Previous Stage:None

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.

Effects:

Economically Significant

Major

Unfunded Mandate

Regulatory Flexibility Act

Information Collection

Privacy

Prompting action: None

Legal Deadline: NPRM : 01/31/2011

Rulemaking Project Initiated: 08/26/1994

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date
To OST 04/05/2010 10/07/2010 10/04/2010

To OMB 05/14/2010 11/25/2010 11/26/2010

OMB Clearance 08/20/2010 01/21/2011 01/26/2011

Publication Date 09/03/2010 01/28/2011 02/01/2011

End of Comment Period 12/03/2010 04/01/2011 04/04/2011

Explanation for any delay: N/A

Federal Register Citation for NPRM: 76 FR 13121

Hours of Service Green

Federal Motor Carrier Safety Administration

45.

Popular Title: HOS (Settlement Agreement)

RIN 2126-AB26

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would propose changes to the hours of service requirements for

drivers operating a commercial motor vehicle transporting property. The requirement for this

rulemaking was established on October 26, 2009, when Public Citizen, et al. (Petitioners)

and FMCSA entered into a settlement agreement under which PetitionersÂ ́ petition for

judicial review of the November 19, 2008, Final Rule on driversÂ ́ hours of service will be

held in abeyance pending the publication of an NPRM reevaluating the Hours of Service

rule.

Effects:

Economically Significant

Major

Regulatory Flexibility Act

EIS 

Prompting action: Settlement Agreement

Legal Deadline: Final Rule : 07/26/2011

NPRM to OMB : 07/26/2010

Rulemaking Project Initiated: 10/26/2009

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 06/24/2010 06/23/2010

To OMB 07/26/2010 07/26/2010

OMB Clearance 10/26/2010 12/10/2010 12/17/2010

Publication Date 11/04/2010 12/17/2010 12/29/2010

End of Comment Period 01/04/2011 02/04/2011 02/28/2011

End of Extended Comment Period 03/04/2011 03/04/2011

Explanation for any delay: Additional coordination necessary

Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: 75 FR 82170

Drivers of Commercial Vehicles: Restricting the Use of Cellular Phones Red

Federal Motor Carrier Safety Administration

46.
Popular Title: Restricting the Use of Cellular Phones

RIN 2126-AB29

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would restrict the use of mobile telephones while operating a

commercial motor vehicle. This rulemaking is in response to Federal Motor Carrier Safety

Administration-sponsored studies that analyzed safety incidents and distracted drivers. This

rulemaking addresses an item on the National Transportation Safety BoardÂ ́s "Most

Wanted List" of safety recommendations.

Effects:

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 12/01/2009

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 04/29/2010 08/11/2010 08/23/2010

To OMB 05/17/2010 09/08/2010 09/14/2010

OMB Clearance 05/28/2010 12/15/2010 12/09/2010

Publication Date 07/02/2010 12/23/2010 12/21/2010

End of Comment Period 09/03/2010 03/21/2011 03/21/2011

Explanation for any delay: Additional coordination necessary

Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: 75 FR 80014

Drivers of CMVs: Addressing Distracted Driving Black

Federal Motor Carrier Safety Administration

47.

Popular Title: Distracted Driving

RIN 2126-AB32

Stage: Undetermined

Previous Stage:None

Abstract: The Federal Motor Carrier Safety Administration (FMCSA) and Pipeline and

Hazardous Materials Safety Administration (PHMSA) are considering a rulemaking to limit

or restrict the use of electronic devices or certain activities by commercial motor vehicle

(CMV) drivers operating in interstate commerce and for drivers of CMVs containing a

quantity of hazardous materials requiring placarding under Part 172 of the 49 CFR or any

quantity of a select agent or toxin listed in 42 CFR Part 73. The Agencies have considered

the results of recent research concerning distracted driving, and ideas and concepts from

FMCSAÂ ́s Motor Carrier Safety Advisory Committee and now seeks public comment and

information to assist the Agencies in determining whether additional regulatory action is

needed as a follow-up to previous regulatory actions. An ANPRM was scheduled for

9/22/2010.

Effects:

None
Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 08/20/2010

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: N/A

Federal Register Citation for Undetermined: None

Roadway Worker Protection; Adjacent-Track On-Track Safety Red

Federal Railroad Administration

Federal Railroad Administration

48.

Popular Title: Roadway Worker Protection; Adjacent-Track On-Track

RIN 2130-AB96

Stage: Final Rule

Previous Stage: NPRM: Publication Date 11/25/2009; End of Comment Period 1/25/2010.

Abstract: This rulemaking would simplify the determination regarding whether or not

adjacent track protection is required for roadway work groups engaged in large-scale

maintenance or construction, pursuant to 49 CFR Part 214. The recent increase in roadway

worker fatalities that have occurred on adjacent track has caused some concern at FRA and

throughout the industry, even prompting the filing of a petition for emergency order. FRA

issued a notice of safety advisory to address the issue in May of 2004; however, it appears

that the effects were not long-lasting. This rulemaking is based on the consensus language

developed through the Roadway Worker Protection (RWP) Working Group of FRAÂ ́s

Railroad Safety Advisory Committee (RSAC).

Effects:

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 08/20/2008

Docket Number: FRA-2008-0059

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 04/08/2010 02/01/2011 01/31/2011

To OMB 05/14/2010 04/22/2011

OMB Clearance 08/12/2010 07/21/2011
Publication Date 08/26/2010 07/27/2011

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None

Critical Incident Stress Plan; "Critical Incident" Definition Green

Federal Railroad Administration

49.

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

To OMB 02/09/2012

OMB Clearance 05/09/2012

Publication Date 05/18/2012

End of Comment Period 07/17/2012

Explanation for any delay: N/A

Federal Register Citation for NPRM: None

Training Standards for Railroad Employees Red

Federal Railroad Administration

50.

Popular Title: Training Standards for RR Employees

RIN 2130-AC06

Stage: NPRM

Previous Stage:None

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: None

Legal Deadline: Final Rule : 10/16/2009

Rulemaking Project Initiated: 10/16/2008

Docket Number: FRA-2009-0033

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 07/12/2011

To OMB 08/12/2011

OMB Clearance 11/10/2011

Publication Date 11/21/2011

End of Comment Period 01/20/2012

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

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

Deficiency Operations

Red

Federal Railroad Administration

51.

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 04/28/2011

To OMB 04/01/2011 06/06/2011

OMB Clearance 06/30/2011 09/06/2011

Publication Date 07/12/2011 09/12/2011

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None

Alcohol and Controlled Substance Testing for Maintenance-of-Way

Employees

Red

Federal Railroad Administration

52.

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 05/04/2011

To OMB 10/07/2009 06/01/2011

OMB Clearance 01/05/2010 09/01/2011

Publication Date 01/13/2010 09/09/2011

End of Comment Period 03/15/2010 11/09/2011

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

Risk Reduction Program Red

Federal Railroad Administration

53.

Popular Title: Risk Reduction Program

RIN 2130-AC11

Stage: ANPRM

Previous Stage:None

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 ANPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 04/02/2010 08/16/2010 07/30/2010

To OMB 05/03/2010 09/03/2010 09/23/2010

OMB Clearance 05/17/2010 11/08/2010 11/18/2010

Publication Date 05/25/2010 12/07/2010 12/08/2010

End of Comment Period 07/26/2010 02/07/2011 02/07/2011

Explanation for any delay: Additional coordination necessary

Federal Register Citation for ANPRM: 75 FR 76345

Emergency Escape Breathing Apparatus Red

Federal Railroad Administration

54.

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

To OMB 08/04/2011

OMB Clearance 11/02/2011

Publication Date 11/09/2011

Explanation for any delay: Other, higher priorities

Federal Register Citation for Final Rule: None

Federal Railroad Administration
55. Hours of Service: Passenger Train Employees Red

Popular Title: Hours of Service - Passenger Train Employees

RIN 2130-AC15

Stage: Final Rule

Previous Stage: NPRM Published 03/22/2011, End of Comment Period 05/23/2011

Abstract: This rulemaking would establish hours of service requirements for train

employees engaged in commuter and intercity passenger rail transport.

Effects:

Information Collection

Prompting action: Statute

Legal Deadline: Final Rule : 10/16/2011

Rulemaking Project Initiated: 10/16/2008

Docket Number:

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 06/15/2011 06/13/2011

To OMB 07/21/2011 06/30/2011

OMB Clearance 10/19/2011 08/03/2011

Publication Date 10/26/2011 08/11/2011

Explanation for any delay: N/A

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

56.

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

New 

Projected

Actual

Date
Date Date

To OST 05/10/2010 09/19/2011

To OMB 06/07/2010 10/25/2011

OMB Clearance 09/07/2010 01/23/2012

Publication Date 09/16/2010 01/30/2012

End of Comment Period 11/16/2010 03/26/2012

Explanation for any delay: Additional coordination necessary

Lack of resources

Federal Register Citation for NPRM: None

Amendments Expanding the Drug Panel for FRA Post-Accident

Toxicological Testing

Green

Federal Railroad Administration

57.

Popular Title: Drug Panel Post-Accident Toxicological Testing

RIN 2130-AC24

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would expand the drug testing panel for FRAâ€TMs 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 C.F.R. Â§ 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 C.F.R. Â§Â§ 219.102 and 219.103.

Effects:

None

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 07/21/2010

Docket Number: FRA-2010-0155

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 07/11/2011

To OMB 08/15/2011

OMB Clearance 11/14/2011

Publication Date 11/22/2011

End of Comment Period 01/23/2012

Explanation for any delay: N/A

Federal Register Citation for NPRM: None
Medical Standards for Certified Locomotive Engineers and Conductors Green

Federal Railroad Administration

58.

Popular Title: Medical Standards for Engineers and Conductors

RIN 2130-AC25

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would create a medical standards program for certified

locomotive engineers and conductors to reduce the risk of railroad accidents due to medical

conditions that pose a risk of sudden incapacitation. The rulemaking would revise the

existing hearing and vision requirements for locomotive engineers in 49 CFR part 240 and

apply these requirements to train conductors in 49 CFR part 242 (See Sec. 402 of the Rail

Safety Improvement Act of 2008). It would also contain medical standards for the

assessment of certain conditions that pose a risk of sudden incapacitation (specifically,

stroke, syncope, seizures, cardiovascular disease, insulin-dependent diabetes, and obstructive

sleep apnea). These standards, which are being developed by a physicians task force, would

be applied by railroad physicians in required triennial and discretionary interim medical

assessments of engineers and conductors.

Effects:

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 11/29/2010

Docket Number: FRA-2010-0178

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 03/28/2012

To OMB 05/02/2012

OMB Clearance 07/31/2012

Publication Date 08/15/2012

End of Comment Period 10/15/2012

Explanation for any delay: N/A

Federal Register Citation for NPRM: None

Positive Train Control Systems Amendments Black

Federal Railroad Administration

59.

Popular Title: Positive Train Control Systems Amendments

RIN 2130-AC27

Stage: NPRM

Previous Stage:None

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 NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 05/06/2011

To OMB 06/13/2011

OMB Clearance 09/12/2011

Publication Date 09/16/2011

End of Comment Period 11/15/2011

Explanation for any delay: N/A

Federal Register Citation for NPRM: None

Capital Project Management Black

Federal Transit Administration

Federal Transit Administration

60.

Popular Title: Capital Project Management

RIN 2132-AA92

Stage: NPRM

Previous Stage: ANPRM: Publication Date 9/10/2009; End of Comment Period 11/9/2009;

Extension of Comment Period 11/10/2009; End of Extended Comment Period 1/8/2010.

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 will consider the appropriate

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

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

criteria for major capital projects; the role of risk assessments in project development; and

financial plans for major capital projects. A NPRM was scheduled for publication on

6/24/2011.

Effects:

None

Prompting action: Statute

Legal Deadline: None

Rulemaking Project Initiated: 08/10/2005

Docket Number: FTA-2009-0030

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 12/17/2010 12/14/2010

Returned to Mode 02/23/2011

Resubmitted to OST 03/09/2011 03/09/2011
To OMB 01/18/2010 04/18/2011

OMB Clearance 04/18/2010 07/18/2011

Publication Date 04/29/2011 07/29/2011

End of Comment Period 06/24/2011 09/29/2011

Explanation for any delay: N/A

Federal Register Citation for NPRM: None

Major Capital Investment Projects Red

Federal Transit Administration

61.

Popular Title: New Starts (Major Capital Investment Projects)

RIN 2132-AB02

Stage: NPRM

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

Abstract: This rulemaking would make changes to the regulations that govern the New

Starts discretionary funding program authorized by 49 U.S.C. 5309. FTAÂ ́s initial

rulemaking on this subject (RIN 2132-AA81), initiated to meet the statutory deadline, was

terminated as the result of subsequent Congressional action prohibiting FTA from issuing a

rule.

Effects:

None

Prompting action: Statute

Legal Deadline: Final Rule by : 04/07/2006

Rulemaking Project Initiated: 03/08/2010

Docket Number: FTA-2010-0009

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 03/04/2011 02/04/2011 02/14/2011

To OMB 04/04/2011 04/18/2011

OMB Clearance 06/03/2011 07/18/2011

Publication Date 06/15/2011 07/29/2011

End of Comment Period 08/15/2011 09/29/2011

Explanation for any delay: Additional coordination necessary

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.

Black

Maritime Administration

Maritime Administration

62.

Popular Title: Cargo Preference

RIN 2133-AB74

Stage: Undetermined

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.

Effects:

Information Collection

Foreign

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 06/21/2008

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: N/A

Federal Register Citation for Undetermined: None

Cargo Preference - Compromise, Assessment, Mitigation, Settlement &

Collection of Civil Penalties

Black

Maritime Administration

63.

Popular Title: Cargo Preference Statutory Changes

RIN 2133-AB75

Stage: Undetermined

Previous Stage:None

Abstract: This rulemaking would establish Part 383 of the Cargo Preference regulations.

This rulemaking would cover P.L. 110-417, Section 3511 National Defense Authorization

Act for FY2009 statutory changes to the cargo preference rules, which have not been

substantially revised since 1971. The rulemaking also would include compromise,

assessment, mitigation, settlement, and collection of civil penalties.

Effects:

Regulatory Flexibility Act

Information Collection

Foreign

Prompting action: Statute

Legal Deadline: None

Rulemaking Project Initiated: 10/14/2008

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: N/A

Federal Register Citation for Undetermined: None

Federal Motor Vehicle Safety Standard No. 111, Rearview Mirrors Red

National Highway Traffic Safety Administration

National Highway Traffic Safety Administration

64.

Popular Title: Rearview Mirrors

RIN 2127-AK43

Stage: NPRM

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

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:

EU

NAFTA

Foreign

Prompting action: Statute

Legal Deadline: Initiate rulemaking : 02/28/2009

Final Rule : 02/28/2011

Rulemaking Project Initiated: 11/06/2008

Docket Number: NHTSA-2009-0041

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 10/17/2009 06/18/2010 06/16/2010

To OMB 11/26/2009 08/09/2010 08/13/2010

OMB Clearance 02/25/2010 11/09/2010 11/16/2010

Publication Date 02/28/2010 12/15/2010 12/07/2010

End of Comment Period 04/27/2010 02/15/2011 02/07/2011

Reopening of Comment Period 03/02/2011 03/02/2011

End of Reopened Comment Period 04/18/2011 04/18/2011

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: 75 FR 76185
Require Installation of Seat Belts on Motorcoaches, FMVSS No. 208 Green

National Highway Traffic Safety Administration

65.

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:

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

To OMB 10/26/2011

OMB Clearance 01/25/2012

Publication Date 01/30/2012

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Vehicle Labeling - Fuel Economy, Greenhouse Gas and Other Emissions Yellow

National Highway Traffic Safety Administration

66.

Popular Title: Fuel Economy Vehicle Labeling

RIN 2127-AK73

Stage: Final Rule

Previous Stage: NPRM: Publication Date 9/23/2010; End of Comment Period 11/22/2010.

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 regulations to display new information on the vehicle label that would

make it easy for consumers to compare fuel economy, greenhouse gas and other emissions of

automobiles at the point of purchase. 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: NHTSA-2010-0087

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 03/30/2011 03/28/2011

To OMB 04/29/2011 04/18/2011

OMB Clearance 07/29/2011

Publication Date 08/05/2011

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Commercial Medium- and Heavy-Duty On-Highway Vehicles and Work

Truck Fuel Efficiency Standards

Green

National Highway Traffic Safety Administration

67.

Popular Title: Medium- and Heavy-Duty Truck Fuel Efficiency

RIN 2127-AK74

Stage: Final Rule

Previous Stage: NPRM: Publication Date 11/30/2010; End of Comment Period 1/31/2011.

Abstract: 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 rulemaking begin with a report by the National Academy of Sciences

evaluating medium-duty and heavy-duty truck fuel economy standards. The National

Academy provided Congress and NHTSA with this report on March 18, 2010. EISA then

requires that NHTSA complete a study that examines the fuel efficiency of commercial

medium- and heavy-duty on-highway vehicles and work trucks and determines the

appropriate test procedures and methodologies for measuring the fuel efficiency of such

vehicles, the appropriate metric for measuring the fuel efficiency of such vehicles, the range

of factors that affect the fuel efficiency of these vehicles, and other factors that could impact

a program to improve the fuel efficiency of these vehicles. The NHTSA study was issued

October 25, 2010. Once that study is completed, NHTSA has 24 months to complete a final

rule establishing a fuel efficiency program for these vehicles. The law provides that the new

standards must provide at least 4 full model years of regulatory leadtime and 3 full model

years of regulatory stability (i.e., the standards must remain in effect for 3 years before they

may be amended). On May 21, 2010, President Obama issued a memorandum directing

NHTSA and EPA conduct a joint rulemaking (NHTSA regulating fuel efficiency and EPA

regulating greenhouse gas emissions), and to issue a final rule by July 30, 2011.

Effects:

Economically Significant

Major

Unfunded Mandate

EIS 

EU

NAFTA
Foreign

Prompting action: Statute

Legal Deadline: NHTSA Study : 09/30/2010

Final rule : 09/28/2012

Rulemaking Project Initiated: 12/19/2007

Docket Number:

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 06/02/2011

To OMB 06/26/2011

OMB Clearance 07/25/2011

Publication Date 07/29/2011

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Alternative Fuel Vehicle Badging, Fuel Compartment Labels and Consumer

Information on Alternative Fuel Usage

Red

National Highway Traffic Safety Administration

68.

Popular Title: Alternative Fuel Badges, Labels and Consumer Info

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 03/24/2011

To OMB 08/26/2010 04/26/2011

OMB Clearance 11/25/2010 08/26/2011

Publication Date 11/30/2010 08/30/2011

End of Comment Period 01/31/2011 09/30/2011

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

Tire Fuel Efficiency Consumer Information - Part 2 Green

National Highway Traffic Safety Administration

69.

Popular Title: Tire Efficiency Consumer Information Labelling

RIN 2127-AK76

Stage: SNPRM

Previous Stage:None

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.

Effects:

EU

NAFTA

Foreign

Prompting action: Statute

Legal Deadline: None

Rulemaking Project Initiated: 12/19/2007

Docket Number:

Dates for SNPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 08/13/2011

To OMB 09/24/2011

OMB Clearance 12/23/2011

Publication Date 12/31/2011

End of Comment Period 03/03/2012

Explanation for any delay: N/A

Federal Register Citation for SNPRM: None

Passenger Car and Light Truck Corporate Average Fuel Economy

Standards MYs 2017 and Beyond

Green

National Highway Traffic Safety Administration

70.

Popular Title: CAFE 2017 and Beyond

RIN 2127-AK79

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

Publication Date 12/08/2010.

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: 12/19/2007

Docket Number: NHTSA-2010-0131

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 06/15/2011

To OMB 07/15/2011

OMB Clearance 08/29/2011

Publication Date 09/01/2011

End of Comment Period 11/01/2011

Explanation for any delay: N/A

Federal Register Citation for NPRM: None

Tire Fuel Efficiency Petitions for Reconsideration Green

National Highway Traffic Safety Administration

71.

Popular Title: Tire Fuel Efficiency Reconsideration

RIN 2127-AK83

Stage: Reconsideration of Final Rule

Previous Stage:None

Abstract: This rulemaking would address petitions for reconsideration the agency received

on its final rule (75 FR 15893), published in response to requirements in 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. The Rubber

Manufacturers Association (RMA) petitioned on behalf of tire manufacturers on various

technical aspects of the final rule, including reporting issues, format of data submitted,

exempted tires, new ratings information, lead-time, and several items not finalized in the

March final rule. This rulemaking has been downgraded to nonsignificant and will not

appear in next monthÂ ́s report.

Effects:

EU

NAFTA

Foreign

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 01/14/2011

Docket Number:

Dates for Reconsideration of Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 02/25/2011

To OMB 03/29/2011

OMB Clearance 06/28/2011

Publication Date 06/30/2011

End of Comment Period 08/30/2011

Explanation for any delay: N/A

Federal Register Citation for Reconsideration of Final Rule: None

Mandatory Part 563 Event Data Recorder Requirements Green

National Highway Traffic Safety Administration

72.

Popular Title: EDRs Mandate

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

To OMB 07/26/2011

OMB Clearance 10/25/2011

Publication Date 10/31/2011

End of Comment Period 12/31/2011

Explanation for any delay: N/A

Federal Register Citation for NPRM: None

Upgrade of Event Data Recorder Requirements Green

National Highway Traffic Safety Administration

73.

Popular Title: EDRs Upgrade

RIN 2127-AK87

Stage: ANPRM

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.

Effects:

None

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 02/22/2011

Docket Number:

Dates for ANPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date
To OST 06/15/2011

To OMB 07/26/2011

OMB Clearance 10/25/2011

Publication Date 10/31/2011

End of Comment Period 12/31/2011

Explanation for any delay: N/A

Federal Register Citation for ANPRM: None

Aviation Data Requirements Review and Modernization Program Green

Office of the Secretary

Office of the Secretary

74.

Popular Title: Aviation Data

RIN 2105-AC71

Stage: Withdrawal

Previous Stage: ANPRM: Publication Date 07/15/1998; End of Comment Period

09/14/1998; End of Reply Comment Period 10/13/1998. NPRM: Publication Date

02/17/2005;End of Comment Period 04/18/2005;Extension of Comment Period Publication

Date 07/18/2005; End of Extended Comment Period 9/18/2005.

Abstract: This rulemaking requested public comments from reporting carriers and aviation

data users on the nature, scope, source, and means for collecting, processing, and distributing

airline traffic, fare, and financial data. Specifically, it invited comments on whether existing

airline traffic, fare, and financial data should be amended, supplemented, or replaced;

whether selected forms and reports should be retained, modified, or eliminated; whether

OST should require all aviation data to be filed electronically; and how the aviation data

system should be reengineered to enhance efficiency and to reduce costs for both the

Department and the airline industry.

Effects:

None

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 04/15/1998

Docket Number: OST-1998-4043

Dates for Withdrawal:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 02/23/2011 02/23/2011 02/23/2011

Publication Approved 03/14/2011 04/16/2011

Publication Date 03/18/2011 04/18/2011

Explanation for any delay: N/A

Federal Register Citation for Withdrawal: None

Transportation for Individuals with Disabilites" Miscellaneous Amendments Red

Office of the Secretary

75.

Popular Title: ADA Miscellaneous Amendments
RIN 2105-AD54

Stage: Final Rule

Previous Stage: NPRM: Publication Date 02/27/2006; End of Comment Period 4/28/2006;

Extension of Comment Period 5/1/2006; End of Extended Comment Period 7/28/2006.

Abstract: This rulemaking would amend several regulations regarding rail station platform

standards, reasonable modifications of policies and procedures, and pedestrian access; it

would also codify existing DOT procedures for issuing interpretations and guidance.

Effects:

None

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 08/15/2005

Docket Number: OST-2006-23985

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 12/01/2010 05/02/2011

To OMB 01/08/2011 05/31/2011

OMB Clearance 04/08/2011 08/31/2011

Publication Date 04/15/2011 09/13/2011

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None

Protection of Sensitive Security Information Red

Office of the Secretary

76.

Popular Title: SSI-TSA

RIN 2105-AD59

Stage: Final Rule

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.

Effects:

None

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 09/02/2002

Docket Number: TSA-2003-15569

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 04/30/2006 10/20/2010

To OMB 07/15/2006 01/04/2011
OMB Clearance 10/15/2006 03/04/2011

Publication Date 10/31/2006 03/20/2011

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None

Prioritization and Allocation Authority Exercised By the Secretary of

Transportation Under the Defense Production Act

Red

Office of the Secretary

77.

Popular Title: DPA

RIN 2105-AD83

Stage: NPRM

Previous Stage:None

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 conditons.

Additionally, Congress mandated that, to the extent practacable, the rules be consistent and

unifed. DOT is part of an interageny working group, along with the other delegated agencies,

that is developing consistent unifed rules.

Effects:

Information Collection

Prompting action: Statute

Legal Deadline: Final rule : 06/27/2010

Rulemaking Project Initiated: 01/07/2009

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 01/09/2009 08/17/2010 09/07/2010

To OMB 02/01/2009 10/06/2010 10/05/2010

OMB Clearance 03/01/2009 12/06/2010 01/04/2011

Publication Date 03/01/2009 02/11/2010 02/15/2011

End of Comment Period 05/01/2009 04/11/2010 03/17/2011

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: 76 FR 8675

Office of the Secretary
78. Use of the Seat-Strapping Method for Carrying a Wheelchair on an Aircraft Red

Popular Title: Seat-Strapping

RIN 2105-AD87

Stage: NPRM

Previous Stage: None

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 NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 03/05/2010 11/08/2010 11/08/2010

To OMB 01/18/2011 02/07/2011

OMB Clearance 05/07/2011

Publication Date 03/29/2010 05/26/2011

End of Comment Period 05/29/2010 07/27/2011

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

Stowage of Wheelchairs, other mobility Aids and other Assistive Devices Red

Office of the Secretary

79.

Popular Title: Stowage and Assistive Devices

RIN 2105-AD90

Stage: NPRM

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 NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 05/12/2010 03/22/2011

To OMB 04/15/2011

OMB Clearance 07/14/2011

Publication Date 06/09/2010 07/25/2011

End of Comment Period 08/09/2010 09/26/2011

Explanation for any delay: Unanticipated impacts requiring further analysis

Federal Register Citation for NPRM: None

Accessibility of Airports Red

Office of the Secretary

80.

Popular Title: Accessibility of Airports

RIN 2105-AD91

Stage: NPRM

Previous Stage: None

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 NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 03/02/2010 03/22/2011 03/29/2011

To OMB 04/18/2011

OMB Clearance 07/18/2011

Publication Date 04/02/2010 07/25/2011

End of Comment Period 06/02/2010 09/23/2011

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None
Enhancing Airline Passenger Protections - Part 2 Green

Office of the Secretary

81.

Popular Title: Airline Consumer Protection Part 2

RIN 2105-AD92

Stage: Final Rule

Previous Stage: NPRM: Publication Date 6/8/2010; End of Comment Period 8/9/2010;

Clarification to NPRM 6/25/2010; Extension of Comment Period 8/3/2010; End of Extended

Comment Period 9/23/2010.

Abstract: This rulemaking would enhance airline passenger protections by addressing the

following areas:(1) contingency plans for lengthy tarmac delays; (2) reporting of tarmac

delay data; (3) customer service plans; (4) notification to passengers of flight status changes;

(5) inflation adjustment for denied boarding compensation; (6) alternative transportation for

passengers on canceled flights; (7) opt-out provisions (e.g. travel insurance); (8) contract of

carriage provisions; (9) baggage fees disclosure; and (10) full fare advertising.

Effects:

Regulatory Flexibility Act

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 07/01/2008

Docket Number: 2007-0022

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 01/14/2011 01/24/2011 02/09/2011

To OMB 02/01/2011 03/14/2011 03/10/2011

OMB Clearance 04/01/2011 04/18/2011

Publication Date 04/12/2011 04/22/2011

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Carrier-Supplied Medical Oxygen, Service Animals, and Accessibility of

Carrier Websites, Kiosks, and In-Flight Entertainment Systems

Red

Office of the Secretary

82.

Popular Title: ACAA SNPRM

RIN 2105-AD96

Stage: SNPRM

Previous Stage:None

Abstract: This rulemaking would fulfill a commitment made in the final rule amending the

Air Carrier Access Act rules to develop an SNPRM seeking information from the public on:

(1) the cost and technical issues involved in requiring carrier website accessibility; (2)

whether automated kiosks operated by carriers in airports and elsewhere should be required

to be accessible; (3) whether there are safety-related reasons for excluding service animals

other than dogs that may be specific to foreign carriers; (4) whether the cost of requiring

carriers to supply free in-flight medical oxygen would create an undue burden; and (5)

whether providing high-contrast captioning on in-flight entertainment displays is technically

and economically feasible.
Effects:

None

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 09/15/2009

Docket Number:

Dates for SNPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 08/12/2010 05/25/2011

To OMB 09/01/2010 06/23/2011

OMB Clearance 12/01/2010 09/21/2011

Publication Date 12/10/2010 09/30/2011

End of Comment Period 03/10/2011 11/30/2011

Explanation for any delay: Additional coordination necessary

Federal Register Citation for SNPRM: None

Smoking of Electronic Cigarettes On Commercial Aircraft Green

Office of the Secretary

83.

Popular Title: E-Cigarette

RIN 2105-AE06

Stage: NPRM

Previous Stage:None

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. This rulemaking was

recently upgraded to significant.

Effects:

Foreign

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 11/04/2010

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 03/24/2011 03/09/2011

Publication Date 04/22/2011 07/14/2011

End of Comment Period 06/21/2011 09/14/2011

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

Pipeline and Hazardous Materials Safety Administration
Hazardous Materials; Combination Packages Containing Liquids Intended

for Transport by Aircraft

Red

Pipeline and Hazardous Materials Safety Administration

84.

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 05/05/2011

To OMB 02/16/2011 06/08/2011

OMB Clearance 05/17/2011 09/08/2011

Publication Date 05/24/2011 09/16/2011

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

85.

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.

Abstract: This rulemaking would request information from industry that would consider

whether additional requirements governing bulk loading and unloading operations are

necessary. PHMSA has reviewed transportation incident data and findings of several

National Transportation Safety Board and Chemical Satety Board accident investigations

involving bulk hazardous materials loading and unloading operations, which suggest there

may be opportunities to enhance the safety of such operations. In particular, PHMSA is

examining what, if any, safety benefits would accrue from a requirement for persons
conducting bulk loading and unloading operations to develop and implement operating

procedures governing these operations.

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

To OMB

OMB Clearance

Publication Date

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Pipeline Safety: Enforcement of State Excavation Damage Laws Red

Pipeline and Hazardous Materials Safety Administration

86.

Popular Title: 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

To OMB 04/04/2011 06/15/2011

OMB Clearance 07/05/2011 09/15/2011

Publication Date 07/12/2011 09/23/2011

End of Comment Period 09/13/2011 12/23/2011

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

87.

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

To OST 08/20/2010 09/20/2010 09/20/2010

To OMB 09/23/2010 10/18/2010 10/01/2010

OMB Clearance 12/22/2010 08/22/2011

Publication Date 01/03/2011 08/31/2011

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None

Hazardous Materials: Combustible Liquids Green

Pipeline and Hazardous Materials Safety Administration

88.

Popular Title: Combustible Liquids

RIN 2137-AE52

Stage: NPRM

Previous Stage: ANPRM: Publication 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.

Effects:

EU

NAFTA
Foreign

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 01/30/2009

Docket Number: PHMSA-2009-0241

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 07/06/2011

To OMB 08/15/2011

OMB Clearance 11/14/2011

Publication Date 11/23/2011

End of Comment Period 01/23/2012

Explanation for any delay: N/A

Federal Register Citation for NPRM: None

Hazardous Materials: Safety Requirements for External Product Piping on

Cargo Tanks Transporting Flammable Liquids (Wetlines)

Green

Pipeline and Hazardous Materials Safety Administration

89.

Popular Title: Wetlines

RIN 2137-AE53

Stage: NPRM

Previous Stage:None

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 NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 12/24/2009 05/03/2010 04/15/2010

To OMB 01/28/2010 06/30/2010 10/13/2010

OMB Clearance 04/28/2010 01/14/2011 01/13/2011

Publication Date 05/05/2010 01/21/2011 01/27/2011

End of Comment Period 07/05/2010 03/21/2011 03/28/2011

Extension of Comment Period 03/17/2011

End of Extended Comment Period 04/27/2011

Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: 76 FR 4847

Hazardous Materials: Limiting the Use of Electronic Devices by Highway Green

Pipeline and Hazardous Materials Safety Administration

90.

Popular Title: Texting

RIN 2137-AE63

Stage: Final Rule

Previous Stage: NRM: Publication Date 9/27/2010; End of Comment Period 10/27/2010.

Abstract: This rulemaking would restrict the use of electronic devices by drivers during the

operation of a motor vehicle containing a quantity of hazardous materials requiring

placarding under Part 172 of the 49 CFR or any quantity of a material listed as a select agent

or toxin in 42 CFR Part 73. Additionally, in accordance with requirements proposed by the

Federal Motor Carrier Safety Administration (FMCSA), motor carriers are prohibited from

requiring or allowing drivers of covered motor vehicles to engage in texting while driving.

This rulemaking would improve health and safety on the NationÂ ́s highways by reducing

the prevalence of distracted driving-related crashes, fatalities, and injuries involving drivers

of commercial motor vehicles.

Effects:

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 08/05/2010

Docket Number: PHMSA-2010-0221

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 12/01/2010 11/22/2010

To OMB 12/27/2010 01/07/2011 12/21/2010

OMB Clearance 02/01/2011 02/14/2011 02/16/2011

Publication Date 02/08/2011 04/04/2011 02/28/2011

Explanation for any delay: N/A

Federal Register Citation for Final Rule: 76 FR 10771

Pipeline Safety: Control Room Management; Change in Implementation

Period

Black

Pipeline and Hazardous Materials Safety Administration

91.

Popular Title: Control Room Management

RIN 2137-AE64

Stage: Final Rule

Previous Stage: NPRM: Publication Date 09/17/2010; End of Comment Period 11/16/2010.

Extension of Comment Period Publication Date 11/16/2010; End of Extended Comment

Period 12/03/2010.

Abstract: PHMSA published the Control Room Management/Human Factors final rule in

the Federal Register (74 FR 63310) on December 3, 2009, which became effective on

February 1, 2010. The final rule established an 18-month program development deadline of

August 1, 2011, and a subsequent 18-month program implementation deadline of February

1, 2013. This rulemaking would expedite the program implementation deadline to August 1,
2011, for most of the requirements, except for certain provisions regarding adequate

information and alarm management, which would have a program implementation deadline

of August 1, 2012. The final ruleÂ ́s regulatory analysis did not consider specific costs for

the program implementation deadlines, because the costs associated with the rule were

determined to be the first-year program implementation costs, and were not dependent on the

implementation deadline. PHMSA believes that the 18 months provided for program

development is sufficient for pipeline operators to both develop and implement certain

provisions of the rule. Where PHMSA believes there is a need for additional program

implementation time, the rulemaking would moderately shorten that time by only six months.

Therefore, PHMSA does not believe there is additional cost for this rulemaking beyond what

has already been evaluated in the original control room management final rule.

Effects:

None

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 08/05/2010

Docket Number: PHMSA-2007-27954

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 04/07/2011

To OMB 05/07/2011

OMB Clearance 08/25/2011

Publication Date 09/01/2011

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Hazardous Materials: Limiting the Use of Mobile Telephones by Highway Red

Pipeline and Hazardous Materials Safety Administration

92.

Popular Title: Use of Mobile Telephones

RIN 2137-AE65

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would limit the use of mobile telephones by drivers during the

operation of a motor vehicle containing a quantity of hazardous materials requiring

placarding under Part 172 of the 49 CFR or any quantity of a select agent or toxin listed in

42 CFR Part 73. Additionally, in accordance with requirements proposed by the Federal

Motor Carrier Safety Administration (FMCSA), motor carriers would be prohibited from

requiring or allowing drivers of covered motor vehicles to engage in the use of mobile

telephones while driving. This rulemaking would improve health and safety on the NationÂ

 ́s highways by reducing the prevalence of distracted driving-related crashes, fatalities, and

injuries involving drivers of commercial motor vehicles.

Effects:

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 08/13/2010
Docket Number: PHMSA-2010-0227

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 09/20/2010 09/22/2010

Returned to Mode 10/14/2010

Resubmitted to OST 02/02/2011 01/19/2011

To OMB 10/08/2010 03/09/2011 03/08/2011

OMB Clearance 11/08/2010 04/09/2011

Publication Date 11/16/2010 04/18/2011

End of Comment Period 01/17/2011 06/18/2011

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

Pipeline Safety: Safety of On-Shore Liquid Hazardous Pipelines Green

Pipeline and Hazardous Materials Safety Administration

93.

Popular Title: Liquid Hazardous Pipelines

RIN 2137-AE66

Stage: ANPRM

Previous Stage:None

Abstract: This rulemaking would address effective methods that hazardous liquid operators

can take 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:

None

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 08/13/2010

Docket Number: PHMSA-2010-0229

Dates for ANPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 09/01/2010 08/25/2010

To OMB 10/05/2010 09/13/2010 09/14/2010

OMB Clearance 10/19/2010 10/03/2010 10/07/2010

Publication Date 10/25/2010 10/10/2010 10/18/2010

Extension of Comment Period 01/04/2011
End of Comment Period 01/26/2011 01/10/2010 01/18/2011

End of Extended Comment Period 02/18/2011

Explanation for any delay: N/A

Federal Register Citation for ANPRM: 75 FR 63774

Drivers of CMVs: Addressing Distracted Driving Black

Pipeline and Hazardous Materials Safety Administration

94.

Popular Title: Distracted Driving CMVs

RIN 2137-AE67

Stage: Undetermined

Previous Stage:None

Abstract: The Federal Motor Carrier Safety Administration (FMCSA) and Pipeline and

Hazardous Materials Safety Administration (PHMSA) are considering a rulemaking to limit

or restrict the use of electronic devices or certain activities by commercial motor vehicle

(CMV) drivers operating in interstate commerce and for drivers of CMVs containing a

quantity of hazardous materials requiring placarding under Part 172 of the 49 CFR or any

quantity of a select agent or toxin listed in 42 CFR Part 73. The Agencies have considered

the results of recent research concerning distracted driving, and ideas and concepts from

FMCSAÂ ́s Motor Carrier Safety Advisory Committee and now seeks public comment and

information to assist the Agencies in determining whether additional regulatory action is

needed as a follow-up to previous regulatory actions. An ANPRM was scheduled for

publication on 10/27/10.

Effects:

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 08/20/2010

Docket Number: PHMSA 2010-0254/FMCSA 2010-0312

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: Transportation of Lithium Batteries Red

Pipeline and Hazardous Materials Safety Administration

95.

Popular Title: Lithium Batteries II

RIN 2137-AE68

Stage: Undetermined

Previous Stage:None
Abstract: This rulemaking would amend requirements in the Hazardous Materials

Regulations (HMR) that apply to cargo shipments of lithium batteries and cells by aircraft

(none of the proposed changes would apply to the checked or carry-on baggage of a

passenger or crewmember). The revisions would apply to shipments of lithium cells and

batteries (but not to lithium batteries packed with or contained in equipment) and would: (1)

extend the current prohibition of lithium metal cells and batteries from passenger carrying

aircraft to cargo-only aircraft; (2) prohibit the transport of lithium ion cells and batteries as

cargo aboard passenger-carrying aircraft; (3) impose a restriction on the location(s) on a

cargo-only aircraft where lithium cells and batteries could be transported. One additional

change would reduce the aircraft quantity limits for lithium cells and batteries packed with

or contained in equipment. An NPRM was scheduled for publication on 4/19/2011.

Effects:

Economically Significant

Major

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 09/13/2010

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: Unanticipated issues requiring further analysis

Federal Register Citation for Undetermined: None

Hazardous Materials: Revision of Requirements for Fireworks Approvals Green

Pipeline and Hazardous Materials Safety Administration

96.

Popular Title: Fireworks Approvals

RIN 2137-AE70

Stage: NPRM

Previous Stage: : .

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. This was recently

upgraded to significant.

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

To OMB 09/29/2011

OMB Clearance 12/30/2011

Publication Date 01/19/2012

End of Comment Period 04/19/2012

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

97.

Popular Title: Reporting Ancillary Airline Passenger Revenues

RIN 2139-AA13

Stage: NPRM

Previous Stage:None

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 NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 02/01/2011 02/01/2011 02/01/2011

To OMB 03/04/2011 03/29/2011 03/30/2011

OMB Clearance 06/03/2011 06/29/2011

Publication Date 06/10/2011 07/02/2011

End of Comment Period 08/10/2011 09/02/2011

Explanation for any delay: N/A

Federal Register Citation for NPRM: None