Report on DOT Significant Rulemakings

Table of Contents

Federal Aviation Administration

1. Safe, Efficient Use and Preservation of the Navigable Airspace

2. Aging Aircraft Program (Widespread Fatigue Damage)

3. Commuter Operations in Very Light Jets (VLJs)

4. Re-registration and Renewal of Aircraft Registration

5. Automatic Dependent Surveillance - Broadcast (ADS-B) Equipage Mandate To Support Air Traffic Control

Service

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

7. Safety Management Systems (SMS)

8. Pilot-in-Command Proficiency Check in Single-Piloted Turbojet Airplanes

9. Certification of Turbojets

10. Supercooled Large Droplet Icing Conditions

11. Flightcrew Alerting (Formerly Warning, Caution and Advisory Lights)

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

13. Airport Safety Management System

14. Photo Requirements for Pilot Certificates

15. Part 121 - Activation of Ice Protection

16. Part 129 Operations Specifications

17. Fatigue Tolerance Evaluation of Metallic Structures

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

19. Flight and Duty Time Limitations and Rest Requirements

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

21. Repair Stations

22. New Pilot Certification Requirements for Air Carrier Operations

23. Overflight Fees

24. Prohibition Against Certain Flights Within the Teritory and Airspace of Afghanistan

25. Requirement for wildlife assessments at certificated airports

26. Part 121 Exiting Icing Conditions

Federal Highway Administration

27. Real-Time System Management Information Program

28. National Tunnel Inspection Standards

Federal Motor Carrier Safety Administration

29. Unified Registration System

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

Commercial Zones on the U.S.-Mexico Border

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

United States

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

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

34. Brokers of Household Goods Transportation by Motor Vehicle

35. Qualifications of Drivers; Diabetes Standard

36. National Registry of Certified Medical Examiners

37. Consumer Complaint Information

38. Commercial Driver's License Testing and Commercial Learner's Permit Standards
39. Minimum Training Requirements for Entry Level Commercial Motor Vehicle Operations

40. Carrier Safety Fitness Determination

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

Improvement Act of 1999

42. CMV Driver Positive Controlled Substances and Alcohol Test Results Database

43. Fees for Unified Carrier Registration Plan and Agreement

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

45. Cargo Insurance for Property Loss or Damage

46. Drivers of Commercial Motor Vehicles: Limiting the Use of Wireless Communication Devices

47. Hours of Service

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

Federal Railroad Administration

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

50. Positive Train Control

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

52. Risk Reduction Program

53. Hours of Service - Passenger Train Employees

54. Restriction of Improper Use of Cellular Telephones and Other Electronic and Electrical Devices

Federal Transit Administration

55. Major Capital Investment Projects

Maritime Administration

56. Foreign Reconstruction and Rebuild Determinations

57. 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.

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

National Highway Traffic Safety Administration

59. FMVSS 213, Addition of 10-year old test dummy

60. Ejection Mitigation

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

62. Passenger Car and Light Truck Corporate Average Fuel Economy Standards MYs 2012-2016

63. FMVSS No. 118 Automatic Reversal Systems

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

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

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

67. Consumer Information of Fuel Economy, Emissions and Alternative Fuel Usage

Office of the Secretary

68. Accessibility of Passenger Vessels to Individuals with Disabilities

69. Aviation Data Requirements Review and Modernization Program

70. Protection of Sensitive Security Information

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

Production Act

72. NPRM On the Use of the Seat-Strapping Method for Carrying a Wheelchair on an Aircraft

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

74. Accessibility of Airports

75. Enhancing Airline Passenger Protections - Part 2

76. Carrier-Supplied Medical Oxygen, Service Animals, and Accessibility of Carrier Websites, Kiosks, and In-
Safe, Efficient Use and Preservation of the Navigable Airspace Red

Federal Aviation Administration

Federal Aviation Administration

1.

Popular Title: Safe Efficient Navigable Airspace

RIN 2120-AH31

Stage: Final Rule

Previous Stage: NPRM: Publication date 6/13/2006; End of Comment Period 9/11/2006.

Abstract: This rulemaking would amend the regulations governing objects that may affect

the navigable airspace. These rules have not been revised in several decades, and the FAA

has determined it is necessary to update the regulations, incorporate case law and legislative

action, and simplify the rule language. These changes will improve safety and promote the

efficient use of the National Airspace System.

Effects:

None

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 10/03/1988

Docket Number: FAA-2006-25002

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 10/01/2009 10/01/2009

To OMB 11/02/2009 02/22/2010 02/16/2010

OMB Clearance 02/01/2010 05/17/2010

Publication Date 02/16/2010 06/01/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None

Aging Aircraft Program (Widespread Fatigue Damage) Red

Federal Aviation Administration

2.

Popular Title: Aging Aircraft Widespread Fatigue

Flight Entertainment Systems

Pipeline and Hazardous Materials Safety Administration

77. Hazardous Materials: Requirements for Storage of Explosives During Transportation

78. Hazardous Materials: Enforcement Regulations

79. Hazardous Materials: Risk-Based Adjustment of Transportation Security Plan Requirements

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

81. Pipeline Safety: Completing regulation of hazardous liquid pipelines operating at low stress

82. Hazardous Materials: Bulk Loading and Unloading Operations

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

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

Flammable Liquids (Wetlines)
RIN 2120-AI05

Stage: Final Rule

Previous Stage: NPRM: Publication Date 4/18/2006; End of Comment Period 7/17/2006;

Extended Comment Period 7/17/2006; End of Extended Comment Period 9/18/2006.

Abstract: This rulemaking would require design approval holders to establish limits of

validity (LOVs) of the engineering data that support the maintenance programs for certain

transport category airplanes, and it would require them to determine if maintenance actions

are needed to prevent widespread fatigue damage before an airplane reaches its LOV. This

rulemaking would require operators of any affected airplane to incorporate the LOV into

the airworthiness limitations section of the instructions for continued airworthiness. This

rulemaking would also prohibit operation of an affected airplane beyond the LOV, unless

an operator has incorporated an extended LOV and any necessary service information into

its maintenance program.

Effects:

EU

NAFTA

Foreign

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 02/14/2004

Docket Number: FAA-2006-24281

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 05/14/2007 12/08/2009 12/30/2009

To OMB 06/20/2007 05/16/2010 05/05/2010

OMB Clearance 09/20/2007 08/16/2010

Publication Date 09/28/2007 09/02/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None

Commuter Operations in Very Light Jets (VLJs) Black

Federal Aviation Administration

3.

Popular Title: VLJ

RIN 2120-AI84

Stage: Undetermined

Previous Stage:None

Abstract: This rulemaking would establish a rule to allow passenger-carrying commuter

operations to be conducted under the provisions of part 135 using multiengine turbojets,

certificated under either part 23 or part 25, configured with 9 or fewer passenger seats. The

rulemaking would allow multiengine turbojet operators to provide commuter service to the

traveling public, thus accommodating new techonologies and a new generation of turbojet

airplanes that otherwise would not be allowed in part 135 commuter service. Since 1995,

turbojets used in scheduled operations must operate under the provisions of part 121. This

current rulemaking resulted, in part, from recommendations from the Aviation Rulemaking

Committee for parts 14 CFR 135/125 and covers pilot crew, equipment, training, and

dispatch requirements for the safe operation of this new generation airplane. An earlier
internet report listed this item as an NPRM with a scheduled publication date of 10/20/09.

FAA is now reconsidering what action to take with respect to this rulemaking.

Effects:

Regulatory Flexibility Act

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 03/15/2006

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

Re-registration and Renewal of Aircraft Registration Red

Federal Aviation Administration

4.

Popular Title: Re-registration & Renewal of Aircraft Registration

RIN 2120-AI89

Stage: Final Rule

Previous Stage: NPRM: Publication Date 2/28/2008; End of Comment Period 8/28/2008

Abstract: This rulemaking would amend requirements concerning the registration of

aircraft. The rulemaking is based on the need to increase and maintain the accuracy of

aircraft registration information in the Civil Aviation Registry. This rulemaking would

ensure aircraft owners periodically provide information regarding changes in registration.

The rulemaking would respond to the concerns of law enforcement and other government

agencies and would provide more accurate, up-to-date aircraft registration information to

all users of the Civil Aviation Registry database.

Effects:

Information Collection

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 11/30/2004

Docket Number: FAA-2008-0188

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 05/11/2009 05/28/2009 05/29/2009

Returned to Mode 07/10/2009

Resubmitted to OST 08/13/2009
Resubmitted to OST/2 09/18/2009

Returned to Mode/2 10/08/2009

Resubmitted to OST/3 01/15/2010 01/22/2010

To OMB 06/11/2009 03/05/2010 03/19/2010

OMB Clearance 09/11/2009 06/21/2010

Publication Date 09/25/2009 06/30/2010

Explanation for any delay: Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None

Automatic Dependent Surveillance - Broadcast (ADS-B) Equipage Mandate

To Support Air Traffic Control Service

Red

Federal Aviation Administration

5.

Popular Title: ADS-B

RIN 2120-AI92

Stage: Final Rule

Previous Stage: NPRM: Publication Date 10/05/2007; End of Comment Period 11/19/07;

Comment Period Extended 01/03/2008; End of Extended Comment Period 03/03/2008.

Abstract: This rulemaking would add equipage requirements and performance standards

for Automatic Dependent Surveillance-Broadcast (ADS-B) Out avionics on aircraft

operating in specified classes of airspace within the U.S. National Airspace System. This

action facilitates the use of ADS-B for aircraft surveillance by FAA and Department of

Defense (DOD) air traffic controllers to safely and efficiently accommodate aircraft

operations and the expected increase in demand for air transportation. This rule would also

provide aircraft operators with a platform for additional flight applications and services.

Effects:

Economically Significant

Major

Unfunded Mandate

Regulatory Flexibility Act

EU

NAFTA

Foreign

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 09/26/2006

Docket Number: FAA-2007-29305

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 12/14/2009 12/14/2009

To OMB 01/14/2010 02/15/2010 02/12/2010

OMB Clearance 04/14/2010 05/12/2010

Publication Date 04/28/2010 05/28/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None

Federal Aviation Administration
6. Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers Red

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 Extension of Comment

Period 08/10/2009.

Abstract: This rulemaking would amend the regulations for crewmember and dispatcher

training programs in domestic, flag, and supplemental operations. The rulemaking would

enhance traditional training programs by requiring the use of flight simulation training

devices for flight crewmembers and including additional training requirements in areas that

are critical to safety. The rulemaking would also reorganize and revise the qualification and

training requirements. The changes are intended to contribute significantly to reducing

aviation accidents.

Effects:

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

To OMB 03/12/2010 06/28/2010

OMB Clearance 04/09/2010 09/28/2010

Publication Date 04/20/2010 10/12/2010

End of Comment Period 06/21/2010 12/13/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for SNPRM: None

Safety Management Systems (SMS) Black

Federal Aviation Administration

7.

Popular Title: SMS

RIN 2120-AJ15

Stage: Undetermined

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

10/21/2009.

Abstract: This rulemaking would require a Safety Management System (SMS) for FAA

certificate holders, certain product manufacturers, applicants, and employers. This action is

being taken 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. The intended effect of this action would make the United States compliant

with International Civil Aviation Organization (ICAO) annexes.
Effects:

Information Collection

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 09/25/2007

Docket Number: FAA-2009-0671

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

Pilot-in-Command Proficiency Check in Single-Piloted Turbojet Airplanes Black

Federal Aviation Administration

8.

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 (PIC)

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 definitions of "complex airplane" and "high

performance 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: None

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 11/06/2010

To OMB 12/08/2010

OMB Clearance 03/09/2011
Publication Date 03/24/2011

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Certification of Turbojets Black

Federal Aviation Administration

9.

Popular Title: Turbojets

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 light jets. 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 jets.

Effects:

None

Prompting action: None

Legal Deadline: None

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

To OMB 03/11/2011

OMB Clearance 06/13/2011

Publication Date 06/27/2011

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Supercooled Large Droplet Icing Conditions Red

Federal Aviation Administration

10.

Popular Title: Supercooled Large Droplet Icing Conditions

RIN 2120-AJ34

Stage: NPRM

Previous Stage:None

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

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

standards applicable to aircraft engines. The rulemaking would improve safety by taking into

account supercooled large drop icing conditions for transport category airplanes most

affected by supercooled large drop icing conditions. The rulemaking would also include

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, and is intended to improve the level of safety for new airplane and engine designs
for operations in icing conditions.

Effects:

EU

NAFTA

Foreign

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 02/04/2008

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 12/15/2009 02/16/2010 02/05/2010

To OMB 01/15/2010 03/08/2010 03/19/2010

OMB Clearance 04/15/2010 06/21/2010

Publication Date 04/29/2010 06/30/2010

End of Comment Period 07/29/2010 09/30/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

Flightcrew Alerting (Formerly Warning, Caution and Advisory Lights) Green

Federal Aviation Administration

11.

Popular Title: Flightcrew Alerting

RIN 2120-AJ35

Stage: Final Rule

Previous Stage: NPRM: Publication Date 7/09/2009; End of Comment Period 9/08/09;

Reopening of Comment Period 9/16/2009; End of Reopened Comment Period 10/1/2009.

Abstract: This rulemaking would amend the airworthiness standards for transport category

airplanes regarding definitions, prioritization, color requirements, and performance. These

changes would update the latest technology and functionality concerning flightcrew alerting.

This rulemaking is necessary to add additional alerting functions and to consolidate and

standardize definitions and regulations for flightcrew warning, caution, and advisory

systems.

Effects:

None

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 09/26/2000

Docket Number: FAA-2008-1292

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 08/24/2010

To OMB 09/27/2010
OMB Clearance 12/27/2010

Publication Date 01/14/2011

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Restrictions on Operators Employing Former Flight Standards Service

Aviation Safety Inspectors

Yellow

Federal Aviation Administration

12.

Popular Title: Post Employment Restrictions

RIN 2120-AJ36

Stage: NPRM

Previous Stage: NPRM: Publication Date 11/20/2009; End of Comment Period 02/18/2010

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 FAA ́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: None

Rulemaking Project Initiated: 06/16/2008

Docket Number: FAA-2008-1154

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 03/17/2009 04/01/2009 04/01/2009

Returned to Mode 04/29/2009

Resubmitted to OST/2 06/12/2009 06/23/2009

To OMB 04/17/2009 07/13/2009 07/29/2009

OMB Clearance 07/17/2009 10/29/2009 10/28/2009

Publication Date 07/31/2009 11/12/2009 11/20/2009

End of Comment Period 08/31/2009 12/12/2009 02/18/2010

Explanation for any delay: N/A

Federal Register Citation for NPRM: 74 FR 60218

Airport Safety Management System Yellow

Federal Aviation Administration

13.

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 airport ́s day-to-day operations.

Effects:

Information Collection

Peer Review

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 07/22/2008

Docket Number:

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 05/27/2010

OMB Clearance 06/18/2010 08/27/2010

Publication Date 07/02/2010 09/09/2010

End of Comment Period 10/04/2010 12/09/2010

Explanation for any delay: N/A

Federal Register Citation for NPRM: None

Photo Requirements for Pilot Certificates Red

Federal Aviation Administration

14.

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:

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 06/12/2010
OMB Clearance 12/24/2009 09/12/2010

Publication Date 01/15/2010 09/29/2010

End of Comment Period 04/15/2010 12/27/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

Part 121 - Activation of Ice Protection Green

Federal Aviation Administration

15.

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: None

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

To OMB 02/10/2011

OMB Clearance 05/10/2011

Publication Date 05/27/2011

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Part 129 Operations Specifications Red

Federal Aviation Administration

16.

Popular Title: Part 129 Ops Specs

RIN 2120-AJ45

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would clarify and standardize the rules for application,

amendment, suspension or revocation of operations specifications issued to foreign air

carriers operating in the United States. This action is necessary to update our processes for

Operations Specifications. The intent of this action is to permit operations specifications to
be easily revised and updated to meet international standards and the changing aviation

environment.

Effects:

EU

NAFTA

Foreign

Prompting action: International Agreement

Legal Deadline: None

Rulemaking Project Initiated: 10/02/2004

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 07/22/2009 08/24/2009 08/25/2009

Returned to Mode 09/29/2009

Resubmitted to OST 11/03/2009 11/03/2009

Resubmitted to OST/2 12/16/2009

To OMB 08/24/2009 01/22/2010 01/22/2010

OMB Clearance 11/24/2009 04/22/2010 04/26/2010

Publication Date 12/08/2009 05/17/2010

End of Comment Period 03/08/2010 08/17/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

Fatigue Tolerance Evaluation of Metallic Structures Yellow

Federal Aviation Administration

17.

Popular Title: Fatigue Tolerance Evaluation of Metallic Structure

RIN 2120-AJ51

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would address advances in the fatigue tolerance evaluation safety

requirements for transport category metallic structures. This action is necessary to avoid or

reduce catastrophic fatigue failures. The intended effect is increased safety requirements and

harmonization with international standards.

Effects:

Information Collection

EU

NAFTA

Foreign

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 03/31/2009

Docket Number:

Dates for NPRM:

Milestone Originally New Actual
Scheduled

Date

Projected

Date

Date

To OST 09/08/2009 09/15/2009

To OMB 10/08/2009 11/25/2009 11/25/2009

OMB Clearance 01/07/2010 02/25/2010 02/25/2010

Publication Date 01/21/2010 03/08/2010 03/12/2010

End of Comment Period 03/21/2010 05/08/2010 06/10/2010

Explanation for any delay: N/A

Federal Register Citation for NPRM: 75 FR 11799

Air Ambulance and Commercial Helicopter Operations; Safety Initiatives

and Miscellaneous Amendments

Red

Federal Aviation Administration

18.

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 the 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

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

Publication Date 06/09/2010 09/22/2010

End of Comment Period 09/09/2010 12/22/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

Flight and Duty Time Limitations and Rest Requirements Red

Federal Aviation Administration

19.

Popular Title: Flight/Duty/Rest Requirements

RIN 2120-AJ58

Stage: NPRM

Previous Stage:None
Abstract: This rulemaking would establish one set of flight time limitations, duty period

limits, and rest requirements for pilots. The rulemaking is necessary to ensure that pilots

have the opportunity to obtain sufficient rest to perform their duties. The objective of the

rule is to contribute to and to improve aviation safety. This rulemaking is related to the

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

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:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 11/19/2009 02/17/2010 02/17/2010

To OMB 11/24/2009 06/03/2010

OMB Clearance 12/24/2009 09/02/2010

Publication Date 12/31/2009 09/14/2010

End of Comment Period 04/30/2010 11/15/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

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

Federal Aviation Administration

20.

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

To OMB 02/03/2011

OMB Clearance 03/07/2011

Publication Date 03/10/2011

End of Comment Period 07/14/2011

Explanation for any delay: N/A

Federal Register Citation for NPRM: None

Repair Stations Green

Federal Aviation Administration

21.

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

To OMB 08/09/2010

OMB Clearance 11/08/2010

Publication Date 11/29/2010

End of Comment Period 02/22/2011

Explanation for any delay: N/A

Federal Register Citation for NPRM: None

New Pilot Certification Requirements for Air Carrier Operations Green

Federal Aviation Administration

22.

Popular Title: New Pilot Certification

RIN 2120-AJ67

Stage: ANPRM

Previous Stage:None

Abstract: This rulemaking would gather information on whether current eligibility, training,

and qualification requirements are adequate for pilots engaged in part 121 and part 135

operations. This action is necessary because recent airline accidents and incidents have
brought considerable attention to the experience level and training of air carrier flight crews.

The FAA would use the gathered information to determine the necessity of creating new

eligibility, training, and qualification regulations for flight crews and the changes the new

regulations might include.

Effects:

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 10/20/2009

Docket Number:

Dates for ANPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 01/14/2010 01/14/2010 01/14/2010

To OMB 01/25/2010 02/02/2010 02/02/2010

OMB Clearance 02/08/2010 02/16/2010 02/03/2010

Publication Date 02/12/2010 02/18/2010 02/08/2010

End of Comment Period 06/14/2010 04/09/2010

Explanation for any delay: N/A

Federal Register Citation for ANPRM: 75 FR 6164

Overflight Fees Yellow

Federal Aviation Administration

23.

Popular Title: Overflight Fees

RIN 2120-AJ68

Stage: NPRM

Previous Stage:None

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 NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 03/12/2010 05/10/2010

To OMB 04/12/2010 06/10/2010

OMB Clearance 07/12/2010 09/10/2010

Publication Date 07/20/2010 09/24/2010
End of Comment Period 10/18/2010 12/27/2010

Explanation for any delay: N/A

Federal Register Citation for NPRM: None

Prohibition Against Certain Flights Within the Teritory and Airspace of

Afghanistan

Green

Federal Aviation Administration

24.

Popular Title: Afghan SFAR

RIN 2120-AJ69

Stage: NPRM

Previous Stage:None

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 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 NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 04/20/2010 04/19/2010

To OMB 05/21/2010

OMB Clearance 08/19/2010

Publication Date 08/26/2010

End of Comment Period 09/10/2010

Explanation for any delay: N/A

Federal Register Citation for NPRM: None

Requirement for wildlife assessments at certificated airports Green

Federal Aviation Administration

25.

Popular Title: Wildlife Hazard Assessment (WHA)

RIN 2120-AJ71

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would mandate 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

To OMB 03/17/2011

OMB Clearance 06/14/2011

Publication Date 06/24/2011

End of Comment Period 09/22/2011

Explanation for any delay: N/A

Federal Register Citation for NPRM: None

Part 121 Exiting Icing Conditions Green

Federal Aviation Administration

26.

Popular Title: Exiting Icing Conditions

RIN 2120-AJ74

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would require detection of ice formation behind the airframe ice

protection system and, upon detection, would require the pilot to exit icing conditions. If

adopted, this rule would apply to aircraft with a maximum takeoff weight of less than 60,000

pounds. This rulemaking is based on recommendations from an Aviation Rulemaking

Advisory Committee working group after reviewing certain accidents and incidents. The

intended effect of this action is to avoid similar accidents and incidents in the future.

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

To OMB 07/18/2011

OMB Clearance 10/18/2011

Publication Date 11/02/2011
End of Comment Period 01/03/2012

Explanation for any delay: N/A

Federal Register Citation for NPRM: None

Real-Time System Management Information Program Red

Federal Highway Administration

Federal Highway Administration

27.

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 06/02/2010

OMB Clearance 12/28/2009 09/02/2010

Publication Date 01/04/2010 09/09/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None

National Tunnel Inspection Standards Green

Federal Highway Administration

28.

Popular Title: Tunnel Inspection

RIN 2125-AF24

Stage: NPRM

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

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 NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 02/22/2010 01/26/2010 01/06/2010

To OMB 03/22/2010 04/08/2010 04/14/2010

OMB Clearance 06/22/2010 07/10/2010

Publication Date 07/23/2010 07/17/2010

End of Comment Period 09/23/2010 09/19/2010

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

29.

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 SAFETEA-LU. The replacement system for the Single State

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

URS, will be addressed separately. 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 : 08/10/2006

FR 01/01/1998 URS original rule had statutory deadline for FR. Now also

have SAFETEA-LU statutory changes and deadline as well. : 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 06/28/2010

To OMB 03/08/2007 07/30/2010

OMB Clearance 06/08/2007 10/30/2010

Publication Date 06/29/2007 11/12/2010

End of Comment Period 09/28/2007 01/12/2011

Explanation for any delay: Additional coordination necessary

Lack of resources

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

30.

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 StateMexico border. It would also revise the application form, OP-1MX, to be filed by these

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

applicant ́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

31.

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

32.

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 07/30/2010

To OMB 08/08/2005 08/27/2010

OMB Clearance 11/07/2005 11/29/2010

Publication Date 11/14/2005 12/03/2010

End of Comment Period 01/13/2006 02/03/2011

Explanation for any delay: Unanticipated impacts requiring further analysis

Other, higher priorities

Unanticipated issues requiring further analysis

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

33.
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 driver ́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 TSA ́s extension of

compliance date. Since this rulemaking conforms to TSA ́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

Brokers of Household Goods Transportation by Motor Vehicle Red

Federal Motor Carrier Safety Administration

34.

Popular Title: Household Goods Brokers

RIN 2126-AA84

Stage: Final Rule

Previous Stage: ANPRM: Publication Date 12/22/2004; End of Comment Period

02/22/2005. NPRM: Publication date 2/8/2007; End of Comment Period 5/9/2007

Abstract: This rulemaking would address the American Moving and Storage Association ́s

petition for rulemaking and implement certain provisions of Subtitle B of SAFETEA-LU.

FMCSA would determine in this rulemaking whether 49 CFR part 371 needs to be amended

to protect consumers against unscrupulous brokers of household goods.

Effects:

Information Collection
Prompting action: Statute

Legal Deadline: Final Rule : 08/10/2006

Rulemaking Project Initiated: 05/12/2003

Docket Number: FMCSA-2004-17008

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 10/01/2008 08/21/2010

To OMB 11/01/2008 09/23/2010

OMB Clearance 02/01/2009 12/23/2010

Publication Date 03/01/2009 01/05/2011

Explanation for any delay: Additional coordination necessary

Other, higher priorities

Federal Register Citation for Final Rule: None

Qualifications of Drivers; Diabetes Standard Red

Federal Motor Carrier Safety Administration

35.

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 FMCSA ́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 SAFETEA-LU.

Effects:

None

Prompting action: Statute

Legal Deadline: Initiate change 11/10/2005 : 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 01/26/2011

To OMB 08/20/2010 02/28/2011

OMB Clearance 11/19/2010 05/28/2011

Publication Date 11/30/2010 06/09/2011

End of Comment Period 01/30/2011 08/09/2011

Explanation for any delay: Lack of staffing

Other, higher priorities

Federal Register Citation for NPRM: None

Federal Motor Carrier Safety Administration
36. National Registry of Certified Medical Examiners Red

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.

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 08/06/2010

To OMB 01/21/2010 09/09/2010

OMB Clearance 04/21/2010 12/09/2010

Publication Date 05/05/2010 12/23/2010

Explanation for any delay: Lack of staffing

Additional coordination necessary

Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None

Consumer Complaint Information Red

Federal Motor Carrier Safety Administration

37.

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. This rule responds to 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

To OMB 09/24/2010

OMB Clearance 12/24/2010

Publication Date 01/07/2011

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

38.

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 driver’s license

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

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

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

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

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

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

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

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

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

guidance into the Federal regulations. This rule 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 06/22/2010

To OMB 10/30/2009 07/22/2010

OMB Clearance 01/29/2010 10/22/2010

Publication Date 02/19/2010 11/05/2010

Explanation for any delay: Additional coordination necessary

Lack of resources

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

39.

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 driver ́s license to operate commercial motor vehicles.

This action is in response to the U.S. Court of Appeals for the District of Columbia Circuit ́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 07/08/2010

To OMB 11/16/2009 08/09/2010

OMB Clearance 02/16/2010 11/10/2010

Publication Date 02/26/2010 11/17/2010

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

40.

Popular Title: CSA 2010 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 Agency ́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 carrier ́s place of

business. Aside from roadside inspections and new audits, the compliance review is the

Agency ́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:

None

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 09/01/2010

To OMB 12/15/2007 10/04/2010

OMB Clearance 03/15/2008 01/04/2011

Publication Date 03/29/2008 01/18/2011

End of Comment Period 06/29/2008 03/20/2011

Explanation for any delay: Additional coordination necessary

Awaiting development of additional data

Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: None

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

of the Motor Carrier Safety Improvement Act of 1999

Black

Federal Motor Carrier Safety Administration

41.

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

CMV Driver Positive Controlled Substances and Alcohol Test Results

Database

Red

Federal Motor Carrier Safety Administration

42.

Popular Title: CMV Driver Drug Testing 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 driver ́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

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

any specific information about the specific 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. DOT ́s return-to-duty process before driving

CMVs in interstate or intrastate commerce.

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 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 02/01/2010 06/24/2010

To OMB 03/01/2010 07/25/2010

OMB Clearance 05/31/2010 10/25/2010

Publication Date 06/18/2010 11/08/2010

End of Comment Period 09/30/2010 02/08/2011

Explanation for any delay: Additional coordination necessary

Other, higher priorities

Federal Register Citation for NPRM: None

Fees for Unified Carrier Registration Plan and Agreement Red

Federal Motor Carrier Safety Administration

43.

Popular Title: Unified Carrier Registration Fees

RIN 2126-AB19

Stage: Final Rule

Previous Stage: NPRM: Publication Date 09/03/2009;Extension of Comment Period

09/18/2009;End of Extended Reply Comment Period 09/28/2009.

Abstract: This rulemaking would establish revised annual fees for the Unified Carrier

Registration Agreement beginning calendar year 2010 as required under the Unified Carrier

Registration Act of 2005, enacted as Subtitle C of the SAFETEA-LU.

Effects:

None

Prompting action: Statute

Legal Deadline: Final rule : 10/15/2009

Rulemaking Project Initiated: 02/27/2009

Docket Number: FMCSA-2009-0231

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 10/20/2009 12/01/2009 11/30/2009

To OMB 10/26/2009 03/08/2010 03/05/2010

OMB Clearance 11/02/2009 06/08/2010 04/20/2010

Publication Date 11/04/2009 06/18/2010 04/27/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: 75 FR 21993

Federal Motor Carrier Safety Administration
Electronic On-Board Recorders and Hours of Service Supporting

Documents

Yellow 44.

Popular Title: EOBR and HoS supporting documents

RIN 2126-AB20

Stage: NPRM

Previous Stage: Withdrawal of HoS Supp Docs NPRM: 7/13/07;

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.

Effects:

Information Collection

Privacy

Prompting action: None

Legal Deadline: None

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 08/10/2010

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

OMB Clearance 08/20/2010 12/10/2010

Publication Date 09/03/2010 12/17/2010

End of Comment Period 12/03/2010 02/17/2011

Explanation for any delay: N/A

Federal Register Citation for NPRM: None

Cargo Insurance for Property Loss or Damage Red

Federal Motor Carrier Safety Administration

45.

Popular Title: Cargo Insurance

RIN 2126-AB21

Stage: Final Rule

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 final rule would eliminate the requirement for most for-hire motor carriers of

property and freight forwarders to maintain cargo insurance in prescribed minimum amounts

and file evidence of this insurance with FMCSA. Household goods motor carriers and

household goods freight forwarders would continue to be subject to this cargo insurance

requirement. This rule was split from RIN 2126-AA22.

Effects:
Regulatory Flexibility Act

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 01/01/1996

Docket Number: FMCSA-97-2349

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 10/16/2009 01/04/2010 01/04/2010

To OMB 11/20/2009 04/08/2010 04/01/2010

Withdrawn from OMB 04/13/2010 04/13/2010

Returned To OST 04/13/2010 04/13/2010

Resubmitted to OMB 04/13/2010 04/13/2010

OMB Clearance 02/23/2010 07/13/2010

Publication Date 03/05/2010 07/27/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None

Drivers of Commercial Motor Vehicles: Limiting the Use of Wireless

Communication Devices

Yellow

Federal Motor Carrier Safety Administration

46.

Popular Title: Texting

RIN 2126-AB22

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would ban text messaging while operating a commerical motor

vehicle. This rulemaking is in response to Federal Motor Carrier Safety Administrationsponsored studies that analyzed safety incidents and distracted drivers. This rulemaking

would also address the National Transportation Safety Board ́s "Most Wanted List" of safety

recommendations.

Effects:

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 09/11/2009

Docket Number: FMCSA-2009-0370

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 01/22/2010 02/04/2010 02/01/2010

To OMB 02/08/2010 03/08/2010 03/16/2010

OMB Clearance 02/18/2010 03/29/2010 03/29/2010

Publication Date 02/22/2010 04/01/2010 04/01/2010

End of Comment Period 04/20/2010 05/03/2010 05/03/2010
Explanation for any delay: N/A

Federal Register Citation for NPRM: 75 FR 16391

Hours of Service Green

Federal Motor Carrier Safety Administration

47.

Popular Title: HOS

RIN 2126-AB26

Stage: NPRM

Previous Stage:None

Abstract: On October 26, 2009, Public Citizen, et al. (Petitioners) and FMCSA entered into

a settlement agreement under which Petitioners ́ petition for judicial review of the November

19, 2008, Final Rule on drivers ́ hours of service will be held in abeyance pending the

publication of an NPRM reevaluating the issue. We are reaching out to the public for

information, research, data, and ideas for the NPRM. These efforts include a public meeting

with the Motor Carrier Safety Advisory Committee, December 7-9, 2009, and a series of

public meetings around the country starting January 19, 2010.

Effects:

None

Prompting action: Settlement Agreement

Legal Deadline: NPRM to OMB 07/24/2010 Court Settlement Agreement. : 07/24/2010

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

To OMB 07/26/2010

OMB Clearance 10/26/2010

Publication Date 11/04/2010

End of Comment Period 01/04/2011

Explanation for any delay: N/A

Federal Register Citation for NPRM: None

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

Federal Motor Carrier Safety Administration

48.

Popular Title: Restricting the Use of Cellular Phones

RIN 2126-AB29

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would restrict the use of cell phones 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 would also address the National Transportation Safety Board ́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 04/29/2020 05/18/2010

To OMB 05/17/2010 06/04/2010

OMB Clearance 05/28/2010 06/21/2010

Publication Date 07/02/2010

End of Comment Period 09/03/2010

Explanation for any delay: N/A

Federal Register Citation for NPRM: None

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

Federal Railroad Administration

Federal Railroad Administration

49.

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 FRA ́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 07/20/2010

To OMB 05/14/2010 08/23/2010
OMB Clearance 08/12/2010 11/23/2010

Publication Date 08/26/2010 12/03/2010

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Positive Train Control Green

Federal Railroad Administration

50.

Popular Title: Positive Train Control Implementation

RIN 2130-AC03

Stage: Final Rule/2

Previous Stage: NPRM: Publication Date 07/21/2009; End of Comment Period 08/20/2009.

Final Rule with Request for Comments: Publication Date 01/15/2010;End of Comment

Period 02/16/2010.

Abstract: This rulemaking would regulate the submission of Positive Train Control plans;

the implementation of the Positive Train Control Systems; and the qualification, installation,

maintenance and use of the these systems required under 49 USC 20157 or specifically

required by the Federal Railroad Administration. A Final Rule with Request for comments

was issued on 01/16/2010 and FRA is currently preparing responses to the comments

received.

Effects:

Economically Significant

Major

Regulatory Flexibility Act

Prompting action: Statute

Legal Deadline: None

Rulemaking Project Initiated: 10/16/2008

Docket Number: FRA-2008-0132

Dates for Final Rule/2:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 04/23/2010 04/24/2010

To OMB 05/25/2010 06/01/2010

OMB Clearance 08/23/2010 08/30/2010

Publication Date 09/07/2010 09/14/2010

Explanation for any delay: N/A

Federal Register Citation for Final Rule/2: None

Alcohol and Controlled Substance Testing for Maintenance-of-Way

Employees

Red

Federal Railroad Administration

51.

Popular Title: Controlled Substance Testing/Maintenance Employees

RIN 2130-AC10

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would revise the Federal Railroad Administration ́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 05/07/2010

To OMB 10/07/2009 06/04/2010

OMB Clearance 01/05/2010 09/07/2010

Publication Date 01/13/2010 09/15/2010

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

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

Risk Reduction Program Yellow

Federal Railroad Administration

52.

Popular Title: Risk Reduction Program

RIN 2130-AC11

Stage: ANPRM

Previous Stage:None

Abstract: This rulemaking would require railroads to submit Risk Reduction Programs for

review and approval to the FRA Administrator. These programs would be reviewed for

annual compliance. The rulemaking would also ensure that railroads comply with their

Positive Train Control (PTC) schedules and ensure railroads implement PTC by December

31, 2018, except as required by § 104 of the Rail Safety Improvement Act of 2008.

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 05/03/2010

To OMB 05/03/2010 06/01/2010

OMB Clearance 05/17/2010 06/15/2010
Publication Date 05/25/2010 06/28/2010

End of Comment Period 07/26/2010 07/28/2010

Explanation for any delay: N/A

Federal Register Citation for ANPRM: None

Hours of Service - Passenger Train Employees Red

Federal Railroad Administration

53.

Popular Title: Hours of Service - Passenger Train Employees

RIN 2130-AC15

Stage: NPRM

Previous Stage:None

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

employees engaged in commuter and intercity passenger rail transport.

Effects:

Economically Significant

Major

Information Collection

Prompting action: Statute

Legal Deadline: Final Rule : 10/16/2011

Rulemaking Project Initiated: 10/16/2008

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 11/12/2009 06/15/2010

To OMB 12/10/2009 07/15/2010

OMB Clearance 03/10/2010 10/15/2010

Publication Date 03/18/2010 10/25/2010

End of Comment Period 05/18/2010 12/27/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

Restriction of Improper Use of Cellular Telephones and Other Electronic

and Electrical Devices

Red

Federal Railroad Administration

54.

Popular Title: Restriction of Cellular Telephones and Devices

RIN 2130-AC21

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would restrict railroad operating employees from improperly

using cellular telephones and other distracting electronic and electrical devices.

Effects:

None

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

Rulemaking Project Initiated: 11/09/2009

Docket Number: FRA-2009-0118

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 01/08/2010 01/15/2010

To OMB 02/01/2010 02/08/2010 02/11/2010

OMB Clearance 02/19/2010 03/03/2010 03/19/2010

Publication Date 02/26/2010 05/13/2010

End of Comment Period 03/29/2010 07/12/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

Major Capital Investment Projects Red

Federal Transit Administration

Federal Transit Administration

55.

Popular Title: New Starts (Major Capital Investment Projects)

RIN 2132-AB02

Stage: ANPRM

Previous Stage:None

Abstract: This rulemaking, mandated specifically by 49 U.S.C. 5309(e)(9), is intended to

make changes to the regulations that govern the New Starts discretionary funding program

authorized by 49 U.S.C. 5309. FTA ́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. This ANPRM is FTA ́s new start

on a rulemaking on this subject; this rulemaking was initiated 3/8/10.

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 ANPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 04/02/2010 04/01/2010

To OMB 04/09/2010 04/27/2010

OMB Clearance 04/23/2010 05/11/2010

Publication Date 04/30/2010 05/18/2010

End of Comment Period 06/29/2010 07/17/2010

Explanation for any delay: Additional coordination necessary

Unanticipated impacts requiring further analysis
Federal Register Citation for ANPRM: None

Foreign Reconstruction and Rebuild Determinations Black

Maritime Administration

Maritime Administration

56.

Popular Title: Foreign Reconstruction and Rebuild Determinations

RIN 2133-AB69

Stage: Undetermined

Previous Stage: Notice Requesting Comments, Publication Date 11/14/07, End of Comment

period 1/14/08.

Abstract: This rulemaking would consider whether to amend the Capital Construction Fund

and cargo preference regulations to set out specific procedures for determining when a

vessel is no longer eligible for such programs because the vessel has been either

reconstructed or rebuilt abroad.

Effects:

Foreign

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 05/29/2007

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

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

57.

Popular Title: Cargo Preference

RIN 2133-AB74

Stage: Undetermined

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

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

58.

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

FMVSS 213, Addition of 10-year old test dummy Yellow

National Highway Traffic Safety Administration

National Highway Traffic Safety Administration

59.

Popular Title: Anton's Law

RIN 2127-AJ44

Stage: SNPRM/2

Previous Stage: NPRM: Publication Date 08/31/2005; End of Comment Period 10/31/2005.

SNPRM: Publication Date 1/23/2008; End of Comment Period 3/24/2008.

Abstract: This rulemaking would respond to Sections 4(b) and 3(b)(2) of Anton ́s Law (PL

107-318), which directed NHTSA to initiate rulemaking on child restraint system safety, by

amending FMVSS No. 213 to incorporate the Hybrid III ten-year-old dummy for child

restraint systems rated for children up to 80 pounds. Previously, the agency extended the

applicability of FMVSS No. 213 from restraints recommended for children up to 50 lbs. to

restraints recommended for children up to 65 lbs.

Effects:

EU

NAFTA

Foreign

Prompting action: Statute

Legal Deadline: None

Rulemaking Project Initiated: 05/24/2004

Docket Number: 2007-0048

Dates for SNPRM/2:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 05/01/2010 08/12/2010

To OMB 05/26/2010 09/24/2010

OMB Clearance 08/25/2010 12/23/2010

Publication Date 08/30/2010 12/30/2010

End of Comment Period 10/29/2010 02/28/2011

Explanation for any delay: N/A

Federal Register Citation for SNPRM/2: None

Ejection Mitigation Red

National Highway Traffic Safety Administration

60.

Popular Title: Ejection Mitigation

RIN 2127-AK23

Stage: Final Rule

Previous Stage: NPRM: Publication Date 12/2/2009; End of Comment Period 2/2/2010.

Abstract: This rulemaking would create a new Federal Motor Vehicle Safety Standard

(FMVSS) for reducing occupant ejection. Currently, there are over 52,000 annual ejections in

motor vehicle crashes, and over 10,000 ejected fatalities per year. This rulemaking would
propose new requirements for reducing occupant ejection through passenger vehicle side

widows. The requirement would be an occupant containment requirement on the amount of

allowable excursion through passenger vehicle side windows. The SAFETEA-LU legislation

requires that: "[t]he Secretary shall also initiate a rulemaking proceeding to establish

performance standards to reduce complete and partial ejections of vehicle occupants from

outboard seating positions. In formulating the standards the Secretary shall consider various

ejection mitigation systems. The Secretary shall issue a final rule under this paragraph no

later than October 1, 2009." The SAFETEA-LU legislation also requires that, if the Secretary

determines that the subject final rule deadline cannot be met, the Secretary shall notify and

provide an explanation to the Senate Committee on Commerce, Science and Transportation

and the House of Representatives Committee on Energy and Commerce of the delay. On

September 24, 2009, the Secretary provided appropriate notification to Congress that the

final rule will be delayed until January 31, 2011.

Effects:

Economically Significant

Major

Unfunded Mandate

EU

NAFTA

Foreign

Prompting action: Statute

Legal Deadline: Final Rule : 10/01/2009

Rulemaking Project Initiated: 08/10/2005

Docket Number: NHTSA-2009-0183

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 09/17/2010

To OMB 10/29/2010

OMB Clearance 01/28/2011

Publication Date 01/31/2011

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

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

National Highway Traffic Safety Administration

61.

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 driver ́s field of

view.
Effects:

EU

NAFTA

Foreign

Prompting action: Statute

Legal Deadline: Initiate rulemaking : 02/28/2009

Publish 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 05/18/2010

To OMB 11/26/2009 06/29/2010

OMB Clearance 02/25/2010 09/28/2010

Publication Date 02/28/2010 10/07/2010

End of Comment Period 04/27/2010 12/06/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

Passenger Car and Light Truck Corporate Average Fuel Economy

Standards MYs 2012-2016

Red

National Highway Traffic Safety Administration

62.

Popular Title: CAFE 2012-2016

RIN 2127-AK50

Stage: Final Rule

Previous Stage: NPRM: Publication Date 9/28/2009; End of Comment Period 11/27/2009.

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

standards for light trucks and passenger cars for model years 2012-2016. CAFE standards

must be set at least 18 months prior to the start of a model year.

Effects:

Economically Significant

Major

Unfunded Mandate

EIS 

EU

NAFTA

Foreign

Prompting action: Statute

Legal Deadline: Final rule for Model Year 2012 : 04/01/2010

Rulemaking Project Initiated: 08/01/2007

Docket Number: EPA-HQ-OAR-2009-0472; FRL-8959-4; NHTSA-2009-0059

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date
To OST 02/12/2010 03/02/2010 03/04/2010

To OMB 03/01/2010 03/15/2010 03/04/2010

OMB Clearance 03/28/2010 03/31/2010 03/31/2010

Publication Date 04/01/2010 05/15/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None

FMVSS No. 118 Automatic Reversal Systems Red

National Highway Traffic Safety Administration

63.

Popular Title: Automatic Reversal Systems

RIN 2127-AK52

Stage: Final Rule

Previous Stage: NPRM: Publication Date 9/01/2009; End of Comment Period 11/02/2009.

Abstract: This rulemaking would require automatic reversal systems (ARS) only on those

windows that close without continuous actuation of the window switch by the window

operator. This rulemaking was initiated per requirements in the Cameron Gulbransen Kids

Transportation Safety Act of 2007.

Effects:

EU

NAFTA

Foreign

Prompting action: Statute

Legal Deadline: Initiate Rulemaking : 08/28/2009

Final Rule : 08/28/2010

Rulemaking Project Initiated: 06/25/2009

Docket Number: NHTSA-2009-0154

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 04/11/2010 05/28/2010

To OMB 05/26/2010 06/18/2010

OMB Clearance 08/25/2010 08/25/2010

Publication Date 08/28/2010 08/28/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None

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

National Highway Traffic Safety Administration

64.

Popular Title: Seat Belts on Motorcoaches

RIN 2127-AK56

Stage: NPRM

Previous Stage:None

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:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 09/23/2009 11/21/2009 11/13/2009

Returned to Mode 01/16/2010

Resubmitted to OST 03/15/2010

To OMB 10/24/2009 06/09/2010 05/06/2010

OMB Clearance 01/25/2010 09/09/2010

Publication Date 02/05/2010 09/16/2010

End of Comment Period 04/05/2010 10/16/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

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

National Highway Traffic Safety Administration

65.

Popular Title: Fuel Economy Vehicle Labeling

RIN 2127-AK73

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 § 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:
Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 07/19/2010

To OMB 08/26/2010

OMB Clearance 11/25/2010

Publication Date 11/30/2010

End of Comment Period 01/31/2011

Explanation for any delay: N/A

Federal Register Citation for NPRM: None

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

Truck Fuel Efficiency Standards

Green

National Highway Traffic Safety Administration

66.

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

RIN 2127-AK74

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, Sections 102 and 108, as they amend 49

USC § 32902, which was signed into law December 19, 2007. The statute requires that

rulemaking begin with a report by the National Academy of Sciences evaluating mediumduty and heavy-duty truck fuel economy standards. The National Academy provided

Congress and NHTSA with this report on March 18, 2010. 49 U.S.C. 39902 then requires

that NHTSA provide Congress a report 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. Once that report has been

delivered to Congress, 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 (ie., the standards must remain in effect for 3 years before they may be amended).

Effects:

Economically Significant

Major

Unfunded Mandate

Prompting action: Statute

Legal Deadline: Report to Congress : 09/30/2010

Final rule : 09/28/2012

Rulemaking Project Initiated: 12/19/2007

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date
To OST 05/27/2011

To OMB 06/26/2011

OMB Clearance 09/25/2011

Publication Date 09/30/2011

End of Comment Period 11/30/2011

Explanation for any delay: N/A

Federal Register Citation for NPRM: None

Consumer Information of Fuel Economy, Emissions and Alternative Fuel

Usage

Green

National Highway Traffic Safety Administration

67.

Popular Title: Fuel Economy Consumer Information

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 § 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 owner'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:

None

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

To OMB 08/26/2010

OMB Clearance 11/25/2010

Publication Date 11/30/2010

End of Comment Period 01/31/2011

Explanation for any delay: N/A

Federal Register Citation for NPRM: None

Office of the Secretary
Accessibility of Passenger Vessels to Individuals with Disabilities Red

Office of the Secretary

68.

Popular Title: Accessibility-passenger vessels

RIN 2105-AB87

Stage: Final Rule

Previous Stage: ANPRM: Publication Date 11/29/2004;End of Comment Period

03/28/2005;Publication Date for Extension of Comment Period 03/28/2005;End of Extended

Comment Period 07/28/2005. NPRM: Publication Date 1/23/2007; End of Comment Period

4/23/2007; Extension of Comment Period 4/13/2007; End of Extended Comment Period

6/22/2007; Reopening of Comment Period 4/8/2006; End of Reopened Comment Period

4/23/2008.

Abstract: This rulemaking would address accessibility issues and propose feasible

requirements to make passenger vessels accessible to, and usable by, individuals with

disabilities.The Department ́s Americans with Disabilities Act (ADA) final rule, published

September 6, 1991, reserved portions of the rule concerning passenger vessels. The ADA

covers passenger vessels, but issuing accessibility requirements for vessels involves complex

issues unlike those affecting land transportation.

Effects:

EU

NAFTA

Foreign

Prompting action: Statute

Legal Deadline: None

Rulemaking Project Initiated: 07/26/1990

Docket Number: OST-2007-26829

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 06/24/2009 10/05/2009 09/17/2009

Resubmitted to OST 11/02/2009

To OMB 07/23/2009 01/15/2009 01/20/2010

OMB Clearance 10/23/2009 05/15/2010

Publication Date 11/25/2009 06/01/2010

Explanation for any delay: Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None

Aviation Data Requirements Review and Modernization Program Black

Office of the Secretary

69.

Popular Title: Aviation Data

RIN 2105-AC71

Stage: Undetermined

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 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

Protection of Sensitive Security Information Black

Office of the Secretary

70.

Popular Title: SSI-TSA

RIN 2105-AD59

Stage: Undetermined

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

07/19/2004.

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

comments received on that action. As of January 31, 2007, this rulemaking is on hold

pending the receipt of additional information from DHS.

Effects:

None

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 09/02/2002

Docket Number: TSA-2003-15569

Dates for Undetermined:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST

To OMB
OMB Clearance

Publication Date

End of Comment Period

Explanation for any delay: N/A

Federal Register Citation for Undetermined: None

Prioritization and Allocation Authority Exercised By the Secretary of

Transportation Under the Defense Production Act

Red

Office of the Secretary

71.

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 President ́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 reauthorizition, 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 05/20/2010

To OMB 02/01/2009 06/15/2010

OMB Clearance 03/01/2009 08/16/2010

Publication Date 03/01/2009 08/16/2010

End of Comment Period 05/01/2009 09/16/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None
NPRM On the Use of the Seat-Strapping Method for Carrying a Wheelchair

on an Aircraft

Red

Office of the Secretary

72.

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 passenger ́s wheelchair in the aircraft cabin. This

rulemaking was recently upgraded to significant.

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 06/11/2010

To OMB 07/01/2010

OMB Clearance 09/28/2010

Publication Date 03/29/2010 10/08/2010

End of Comment Period 05/29/2010 12/07/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

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

Office of the Secretary

73.

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 passenger ́s initial flight. This rulemaking was recently upgraded to

significant.
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 08/23/2010

To OMB 09/15/2010

OMB Clearance 12/15/2010

Publication Date 06/09/2010 12/23/2010

End of Comment Period 08/09/2010 02/23/2011

Explanation for any delay: N/A

Federal Register Citation for NPRM: None

Accessibility of Airports Red

Office of the Secretary

74.

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. This rulemaking was recently upgraded to

significant.

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 06/24/2010

To OMB 07/26/2010

OMB Clearance 10/26/2010
Publication Date 04/02/2010 11/05/2010

End of Comment Period 06/02/2010 01/05/2011

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

Enhancing Airline Passenger Protections - Part 2 Red

Office of the Secretary

75.

Popular Title: Aviation Consumer Part 2

RIN 2105-AD92

Stage: NPRM

Previous Stage:None

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:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 02/10/2010 03/16/2010 03/16/2010

To OMB 02/26/2010 03/30/2010 03/31/2010

OMB Clearance 05/26/2010 06/30/2010

Publication Date 06/01/2010 07/05/2010

End of Comment Period 08/01/2010 09/05/2010

Explanation for any delay: Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: None

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

Carrier Websites, Kiosks, and In-Flight Entertainment Systems

Green

Office of the Secretary

76.

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

To OMB 09/01/2010

OMB Clearance 12/01/2010

Publication Date 12/10/2010

End of Comment Period 03/10/2011

Explanation for any delay: N/A

Federal Register Citation for SNPRM: None

Hazardous Materials: Requirements for Storage of Explosives During

Transportation

Red

Pipeline and Hazardous Materials Safety Administration

Pipeline and Hazardous Materials Safety Administration

77.

Popular Title: Storage of Explosives

RIN 2137-AE06

Stage: NPRM

Previous Stage: ANPRM: Publication Date 11/16/2005; End of Comment Period

02/14/2006; Reopening of Comment Period 7/03/2008; End of Reopened Comment Period

10/01/2008.

Abstract: This rulemaking would address the current safety and security risks associated

with the storage of explosives during transportation. The Hazardous Materials Regulations

(HMR) require shipments stored during transportation to conform to the same requirements

that apply when the shipments are actually moving and for the shipping company to have

security plans covering its shipments. Otherwise, the HMR do not include specific

requirements for facilities at which explosives or other high-hazard materials are stored

during transportation. The HMR do not establish specific standards for storage facilities nor

do they limit the amount of material that may be stored in a single location. Through this

rulemaking, the agency will evaluate the adequacy of existing regulations and the need for

additional, more specific requirements. In particular, the agency is considering whether

current industry standards applicable to the storage of explosives should be incorporated by

reference into the HMR. This rulemaking has been downgraded and will not appear on the

next month ́s report.

Effects:
None

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 01/01/2005

Docket Number: PHMSA-2005-22987

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 02/02/2007 04/09/2010

To OMB 03/09/2007 05/13/2010

OMB Clearance 06/07/2007 08/11/2010

Publication Date 06/14/2007 08/26/2010

End of Comment Period 08/17/2007 10/25/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

Hazardous Materials: Enforcement Regulations Red

Pipeline and Hazardous Materials Safety Administration

78.

Popular Title: Package Inspection Authority

RIN 2137-AE13

Stage: Final Rule

Previous Stage: NPRM: Publication Date 10/02/2008;End of Comment Period 12/01/2008.

Abstract: Pursuant to a mandate in SAFETEA-LU (section 7118 of P.L. 109-59), this

rulemaking would establish procedural regulations to implement authority provided to DOT

to open packages believed to contain hazardous materials; remove such packages from

transportation; gather information; order the package transported to a facility for examination

and analysis; obtain assistance from qualified persons; and issue emergency restrictions,

prohibitions, recalls, or out-of-service orders to abate an imminent hazard.

Effects:

EU

NAFTA

Foreign

Prompting action: Statute

Legal Deadline: Temporary Rule : 10/11/2005

Final Rule : 08/10/2006

Rulemaking Project Initiated: 08/10/2005

Docket Number: PHMSA-2005-22356

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 12/22/2009 05/21/2010

To OMB 01/26/2010 06/24/2010

OMB Clearance 04/26/2010 09/24/2010

Publication Date 05/01/2010 10/04/2010
Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None

Hazardous Materials: Risk-Based Adjustment of Transportation Security

Plan Requirements

Red

Pipeline and Hazardous Materials Safety Administration

79.

Popular Title: Security Plans

RIN 2137-AE22

Stage: Final Rule

Previous Stage: NPRM: Publication Date 9/8/2008; End of Comment Period 11/10/2008.

Abstract: In response to two industry petitions for rulemaking, this rulemaking will

reconsider and refine the list of hazardous materials for which security plans are currently

required. The industry petitioners asked PHMSA to amend the security plan regulations to

create a distinction between hazardous materials that present a significant security risk while

in transportation and the vast majority of hazardous materials that pose no significant

security risk in transportation.

Effects:

EU

NAFTA

Foreign

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 05/01/2006

Docket Number: PHMSA-2006-25885

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 05/01/2009 09/02/2009 09/04/2009

To OMB 06/04/2009 11/25/2009 11/24/2209

OMB Clearance 09/04/2009 02/26/2010 02/25/2010

Publication Date 09/14/2009 03/06/2010 03/09/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: 75 FR 10974

Hazardous Materials; Combination Packages Containing Liquids Intended

for Transport by Aircraft

Red

Pipeline and Hazardous Materials Safety Administration

80.

Popular Title: Air Packaging

RIN 2137-AE32

Stage: NPRM

Previous Stage: ANPRM: Publication 7/07/2008; End of Comment Period 9/5/2008.

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 NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 07/10/2009 10/13/2009 10/26/2009

To OMB 08/13/2009 12/22/2009 01/20/2010

OMB Clearance 11/13/2009 05/04/2010 05/05/2010

Publication Date 11/20/2009 05/11/2010

End of Comment Period 01/20/2010 07/11/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None

Pipeline Safety: Completing regulation of hazardous liquid pipelines

operating at low stress

Green

Pipeline and Hazardous Materials Safety Administration

81.

Popular Title: Low stress liquid pipelines

RIN 2137-AE36

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would extend existing pipeline safety regulation to rural

hazardous liquid pipelines operating at low stress that are currently unregulated. Previous

rulemakings have extended safety regulation to low stress pipelines located in populated

areas, crossing navigable water, or potentially impacting unusually sensitive areas.

Effects:

None

Prompting action: Statute

Legal Deadline: None

Rulemaking Project Initiated: 02/15/2008

Docket Number: PHMSA-2008-0186

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 07/19/2010

To OMB 08/20/2010

OMB Clearance 11/18/2010
Publication Date 11/30/2010

End of Comment Period 01/31/2011

Explanation for any delay: N/A

Federal Register Citation for NPRM: None

Hazardous Materials: Bulk Loading and Unloading Operations Red

Pipeline and Hazardous Materials Safety Administration

82.

Popular Title: Loading/Unloading

RIN 2137-AE37

Stage: NPRM

Previous Stage:None

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. PHMSA has decided to publish a proposed rule

instead of a pre-rule.

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 NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 02/12/2010 07/12/2010

To OMB 03/18/2010 08/13/2010

OMB Clearance 06/16/2010 11/12/2010

Publication Date 06/23/2010 11/23/2010

End of Comment Period 08/23/2010 01/24/2011

Explanation for any delay: Additional coordination necessary

Awaiting development of additional data

Federal Register Citation for NPRM: None

Hazardous Materials: Revisions to Requirements for the Transportation of

Lithium Batteries

Red

Pipeline and Hazardous Materials Safety Administration

83.

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

To OMB 09/23/2010

OMB Clearance 12/22/2010

Publication Date 01/03/2011

Explanation for any delay: N/A

Federal Register Citation for Final Rule: None

Hazardous Materials: Safety Requirements for External Product Piping on

Cargo Tanks Transporting Flammable Liquids (Wetlines)

Red

Pipeline and Hazardous Materials Safety Administration

84.

Popular Title: Wetlines

RIN 2137-AE53

Stage: 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 06/17/2010
OMB Clearance 04/28/2010 09/17/2010

Publication Date 05/05/2010 09/25/2010

End of Comment Period 07/05/2010 11/25/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None