9608 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / UA: Reg Flex Agenda 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

14 CFR Chs. I–III 

23 CFR Chs. I–III 

33 CFR Chs. I and IV 

46 CFR Chs. I–III 

48 CFR Ch. 12 

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

X–XII 

[DOT–OST–1999–5129] 

Department Regulatory and 

Deregulatory Agenda; Semiannual 

Summary 

AGENCY: Office of the Secretary, 

Department of Transportation. 

ACTION: Unified Agenda of Federal 

Regulatory and Deregulatory Actions 

(Regulatory Agenda). 

SUMMARY: The Regulatory Agenda is a 

semiannual summary of all current and 

projected rulemakings, reviews of 

existing regulations, and completed 

rulemaking actions of the Department of 

Transportation (DOT). The Regulatory 

Agenda provides the public with 

information about DOT’s planned 

regulatory activity for the next 12 

months. This information enables the 

public to participate in the Department’s 

regulatory process. The public is 

encouraged to submit comments on any 

aspect of this Regulatory Agenda. 

FOR FURTHER INFORMATION CONTACT: 

Please direct all comments and inquiries 

on the Regulatory Agenda to Daniel 

Cohen, Assistant General Counsel for 

Regulation and Legislation, Office of the 

General Counsel, Department of 

Transportation, 1200 New Jersey 

Avenue SE, Washington, DC 20590; 

(202) 366–4702. 

To obtain a copy of a specific 

regulatory document in the Regulatory 

Agenda, you should communicate 

directly with the contact person listed 

with the regulation. We note that most 

such documents, including the 

Semiannual Regulatory Agenda, are 

available through the internet at http:// 

www.regulations.gov. 

SUPPLEMENTARY INFORMATION: 

Purpose 

The Department is publishing this 

Regulatory Agenda in the Federal 

Register to share with interested 

members of the public the Department’s 

preliminary expectations regarding its 

future regulatory actions. The 

information contained in the Regulatory 

Agenda should enable the public to be 

aware of the Department’s planned 

regulatory activities and should result in 

more effective public participation. This 

publication in the Federal Register does 

not impose any binding obligation on 

the Department or any of the offices 

within the Department about any 

specific item on the Regulatory Agenda. 

Regulatory action, in addition to the 

items listed, is not precluded. 

Request for Comments 

General 

DOT’s Regulatory Agenda is intended 

primarily for the use of the public. Since 

its inception, the Department has made 

modifications and refinements that 

provide the public with more helpful 

information, as well as making the 

Regulatory Agenda easier to use. We 

would like you, the public, to make 

suggestions or comments on how the 

Regulatory Agenda could be further 

improved. 

Regulatory Flexibility Act 

The Department has long recognized 

the importance of regularly reviewing 

its existing regulations to determine 

whether they need to be revised or 

revoked. Our Regulatory Policies and 

Procedures require such reviews. DOT 

also has responsibilities under section 

610 of the Regulatory Flexibility Act, 

Executive Order 12866, ‘‘Regulatory 

Planning and Review,’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review,’’ 76 FR 3821 

(January 18, 2011) to conduct such 

reviews. We are committed to 

continuing our reviews of existing rules 

and, if it is needed, will initiate 

rulemaking actions based on these 

reviews. Generally, each DOT operating 

administration divides its rules into 10 

different groups and plans to analyze 

one group each year. In each Fall 

Regulatory Agenda, each operating 

administration will publish the results 

of the analyses it has completed during 

the previous year. The most recent 

results appeared in the Department’s 

2022 Fall Regulatory Agenda Preamble, 

which was published in the Federal 

Register on February 22, 2023. The 

Department is interested in obtaining 

information on requirements that have a 

‘‘significant economic impact on a 

substantial number of small entities’’ 

and, therefore, must be reviewed under 

the Regulatory Flexibility Act. If you 

have any suggested regulations, please 

submit them to the Department, along 

with your explanation of why they 

should be reviewed. 

Consultation With State, Local, and 

Tribal Governments 

Executive Orders 13132 and 13175 

require the Department to develop a 

process to ensure ‘‘meaningful and 

timely input’’ by State, local, and Tribal 

officials in the development of 

regulatory policies that have federalism 

or tribal implications. These policies are 

defined in the Executive orders to 

include regulations that have 

‘‘substantial direct effects’’ on States or 

Indian Tribes, on the relationship 

between the Federal Government and 

them, or on the distribution of power 

and responsibilities between the Federal 

Government and various levels of 

Government or Indian tribes. Therefore, 

we encourage State and local 

Governments or Indian Tribes to 

provide us with information about how 

the Department’s rulemakings impact 

them. 

Subash Iyer, 

Acting General Counsel, Department of 

Transportation. 

Appendix A—Review Plans for Section 

610 and Other Requirements 

Part I—The Plan 

General 

The Department of Transportation has 

responsibilities under section 610 of the 

Regulatory Flexibility Act and subsequent 

executive orders to conduct reviews of its 

existing regulations. We are committed to 

continuing our reviews of existing rules and, 

if it is needed, will initiate rulemaking 

actions based on these reviews. The 

Department began a new 10-year review 

cycle with the Fall 2018 Agenda. 

Section 610 Review Plan 

Section 610 requires that we conduct 

reviews of rules that: (1) have been published 

within the last 10 years; and (2) have a 

‘‘significant economic impact on a 

substantial number of small entities’’ 

(SEISNOSE). It also requires that we publish 

in the Federal Register each year a list of any 

such rules that we will review during the 

next year. The Office of the Secretary and 

each of the Department’s Operating 

Administrations have a 10-year review plan. 

These reviews comply with section 610 of 

the Regulatory Flexibility Act. 

Changes to the Review Plan 

Some reviews may be conducted earlier 

than scheduled. For example, events, such as 

accidents, may result in the need to conduct 

earlier reviews of some rules. Other factors 

may also result in the need to make changes; 

for example, we may make changes in 

response to public comment on this plan or 

in response to a presidentially mandated 

review. If there is any change to the review 

plan, we will note the change in the 

following Agenda. For any section 610 

review, we will provide the required notice 

prior to the review. 


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Part II—The Review Process 

The Analysis 

Generally, the agencies have divided their 

rules into 10 different groups and plan to 

analyze one group each year. For purposes of 

these reviews, a year will coincide with the 

publication annually of the fall Agenda. Most 

agencies provide historical information about 

the reviews that have occurred over the past 

10 years. Thus, Year 1 (2018) begins in the 

fall of 2018 and ends in the fall of 2019; Year 

2 (2019) begins in the fall of 2019 and ends 

in the fall of 2020, and so on. The exception 

to this general rule is the FAA, which 

provides information about the reviews it 

completed for this year and prospective 

information about the reviews it intends to 

complete in the next 10 years. Thus, for FAA 

Year 1 (2017) begins in the fall of 2017 and 

ends in the fall of 2018; Year 2 (2018) begins 

in the fall of 2018 and ends in the fall of 

2019, and so on. We request public comment 

on the timing of the reviews. For example, is 

there a reason for scheduling an analysis and 

review for a particular rule earlier than we 

have? 

Section 610 Review 

The agency will analyze each of the rules 

in each year’s group to determine whether 

any rule has a SEISNOSE and, thus, requires 

review in accordance with section 610 of the 

Regulatory Flexibility Act. The level of 

analysis will, of course, depend on the nature 

of the rule and its applicability. Publication 

of agencies’ section 610 analyses listed each 

fall in this Agenda provides the public with 

notice and an opportunity to comment 

consistent with the requirements of the 

Regulatory Flexibility Act. We request that 

public comments be submitted to the 

Department early in the analysis year 

concerning the small entity impact of the 

rules to help us in making our 

determinations. 

In each Fall Agenda, the agency will 

publish the results of the analyses it has 

completed during the previous year. For 

rules that had a negative finding on 

SEISNOSE, we will give a short explanation 

(e.g., ‘‘these rules only establish petition 

processes that have no cost impact’’ or ‘‘these 

rules do not apply to any small entities’’). For 

parts, subparts, or other discrete sections of 

rules that do have a SEISNOSE, we will 

announce that we will be conducting a 

formal section 610 review during the 

following 12 months. At this stage, DOT will 

add an entry to the Agenda in the prerulemaking section describing the review in 

more detail. We also will seek public 

comment on how best to lessen the impact 

of these rules and provide a name or docket 

to which public comments can be submitted. 

In some cases, the section 610 review may be 

part of another unrelated review of the rule. 

In such a case, we plan to clearly indicate 

which parts of the review are being 

conducted under section 610. 

Other Reviews 

The agency will also examine the specified 

rules to determine whether any other reasons 

exist for revising or revoking the rule or for 

rewriting the rule in plain language. In each 

Fall Agenda, the agency will also publish 

information on the results of the 

examinations completed during the previous 

year. 

Part III—List of Pending Section 610 

Reviews 

The Agenda identifies the pending DOT 

section 610 Reviews by inserting ‘‘(Section 

610 Review)’’ after the title for the specific 

entry. For further information on the pending 

reviews, see the Agenda entries at 

www.reginfo.gov. For example, to obtain a list 

of all entries that are in section 610 Reviews 

under the Regulatory Flexibility Act, a user 

would select the desired responses on the 

search screen (by selecting ‘‘advanced 

search’’) and, in effect, generate the desired 

‘‘index’’ of reviews. 

Office of the Secretary 

Section 610 and Other Reviews 

Year Regulations to be reviewed Analysis year Review year 

1 ........................ 49 CFR parts 91 through 99 ....................................................................................................

14 CFR parts 200 through 212 ................................................................................................

48 CFR parts 1201 through 1224 ............................................................................................

2018 2019 

2 ........................ 48 CFR parts 1227 through 1253 and new parts and subparts .............................................. 2019 2020 

3 ........................ 14 CFR parts 213 through 232 ................................................................................................ 2020 2021 

4 ........................ 14 CFR parts 234 through 254 ................................................................................................ 2021 2022 

5 ........................ 14 CFR parts 255 through 298 and 49 CFR part 40 ............................................................... 2022 2023 

6 ........................ 14 CFR parts 300 through 373 ................................................................................................ 2023 2024 

7 ........................ 14 CFR parts 374 through 398 ................................................................................................ 2024 2025 

8 ........................ 14 CFR part 399 and 49 CFR parts 1 through 15 ................................................................... 2025 2026 

9 ........................ 49 CFR parts 17 through 28 .................................................................................................... 2026 2027 

10 ...................... 49 CFR parts 29 through 39 and parts 41 through 89 ............................................................ 2027 2028 

Year 10 (Fall 2018) List of Rules Analyzed 

and Summary of Results 

49 CFR part 30—Denial of Public Works 

Contracts to Suppliers of Goods and 

Services of Countries that Deny 

Procurement Market Access to U.S. 

Contractors 

• Section 610: OST conducted a Section 

610 review of this part and found no 

SEISNOSE. 

• General: No changes are needed. These 

regulations are cost effective and impose the 

least burden. OST’s plain language review of 

these rules indicates no need for substantial 

revision. 

49 CFR part 31—Program Fraud Civil 

Remedies 

• Section 610: OST conducted a Section 

610 review of this part and found no 

SEISNOSE. 

• General: No changes are needed. These 

regulations are cost effective and impose the 

least burden. OST’s plain language review of 

these rules indicates no need for substantial 

revision. 

49 CFR part 37—Transportation Services for 

Individuals with Disabilities (ADA) 

• The U.S. Department of Transportation 

(DOT) Office of the Secretary (OST), with the 

assistance of its Operating Administrations, 

including the Federal Transit Administration 

(FTA), is in the process of issuing multiple 

rulemakings that call for changes to the 

regulatory language in 49 CFR part 37. 

Specifically, OST is administering a 

rulemaking titled: ‘‘Transportation for 

Individuals with Disabilities; Service 

Animals and Other Amendments’’ (RIN 

2105–AF08) which would propose changes 

to the definition of ‘‘service animal’’ in 49 

CFR part 37.3, and several other technical 

corrections to outdated provisions, such as 

that referencing a make and model of a lift 

that has been out of production for three 

decades (49 CFR part 37.165(g)). In addition, 

OST is developing a rulemaking titled 

‘‘Equitable Access to Transit Facilities’’ (RIN 

2105–AF07) in which DOT would consider 

requirements for secondary elevators, 

induction loops, and improvements in 

wayfinding in transit stations. In conjunction 

with these pending rulemakings, DOT will 

need to conduct a section 610 review of this 

part, and, if appropriate, initiate additional 

rulemaking(s) to minimize the SEISNOSE, 

bring the regulation into compliance with 

statutory requirements, and/or revise the 

regulation for plain language. 

49 CFR part 38—Americans with Disabilities 

Act (ADA) Accessibility Specifications for 

Transportation Vehicles 

• The U.S. Department of Transportation 

(DOT) Office of the Secretary (OST), with the 

assistance of its Operating Administrations, 

including the Federal Transit Administration 

(FTA), is in the process of issuing a 

rulemaking that calls for changes to the 

regulatory language in 49 CFR part 38. 

Specifically, OST is developing a rulemaking 

titled: ‘‘Transportation for Individuals with 

Disabilities; Adoption of Accessibility 

Standards for Buses and Vans’’ (RIN 2105– 

AF09) in order to consider new standards for 

accessible buses and vans based on updated 

accessibility guidelines issued by the U.S. 


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Access Board (USAB) on December 14, 2016. 

In conjunction with this pending rulemaking, 

OST will need to conduct a Section 610 

review of this part, and, if appropriate, 

initiate additional rulemaking(s) to minimize 

the SEISNOSE, bring the regulation into 

compliance with statutory requirements, 

and/or revise the regulation for plain 

language. 

49 CFR part 39—Transportation for 

Individuals with Disabilities: Passenger 

Vessels 

• Section 610: The U.S. Department of 

Transportation (DOT) Office of the Secretary 

(OST) conducted a section 610 review of this 

part and found SEISNOSE. The regulation 

requires owners and operators of passenger 

vessels to 1) ensure their vessels and related 

facilities are accessible; and 2) take steps to 

accommodate passengers with disabilities. 

These requirements can entail significant 

investments from owners and operators of 

passenger vessels, many of whom qualify as 

small businesses as defined by the U.S. Small 

Business Administration. OST plans to 

explore whether it is appropriate to initiate 

a rulemaking to revise this regulation to 

minimize the SEISNOSE. 

• General: In considering ways to 

minimize the SEISNOSE for Part 39, DOT 

plans to explore whether to modify the 

definition of ‘‘service animal’’ in 49 CFR 

39.3. The current definition is inconsistent 

with the amendments made by the 

Department of Justice (DOJ) on July 23, 2010, 

(see 28 CFR 35.104 and 35.136), as well as 

the definition under DOT’s Air Carrier 

Access Act regulations (see 14 CFR 382.3), as 

amended on December 10, 2020. The current 

requirement under 49 CFR 39.3 defines 

service animals as ‘‘any guide dog, signal 

dog, or other animal individually trained to 

work or perform tasks for an individual with 

a disability.’’ DOJ defines a service animal in 

terms of ‘‘any dog that is individually trained 

to do work or perform tasks for the benefit 

of an individual with a disability, including 

a physical, sensory, psychiatric, intellectual, 

or other mental disability’’ (see 28 CFR 

35.104) (emphasis added). Under DOJ 

regulations at 28 CFR 35.136(i), reasonable 

modifications in policy and practices must 

also be made where necessary to 

accommodate miniature horses as service 

animals. In contrast, the passenger vessel 

industry operating under Part 39 remains 

subject to requirements for accommodating 

unusual service animals, such as reptiles and 

primates. Updating the definition of ‘‘service 

animal’’ under 49 CFR 39.3 would ensure 

consistency across Federal regulations and 

remove the confusion that results for 

individuals with service animals when 

different standards apply to different public 

facilities and modes of transportation. OST 

has already determined to consider updates 

to the ‘‘service animal’’ definition contained 

in 49 CFR 37.3 (Part 37 governs 

Transportation Services for Individuals with 

Disabilities (ADA)) for the aforementioned 

reasons and is in the process of developing 

a rulemaking on that issue titled: 

‘‘Transportation for Individuals with 

Disabilities; Service Animals and Technical 

Corrections’’ (RIN 2105–AF08). 

As a result, OST will consider whether to 

conduct a rulemaking to bring this regulation 

into compliance with the statutory 

requirements and to bring consistency to the 

regulatory regime governing different modes 

of transportation. OST’s plain language 

review of this regulation indicates no need 

for substantial revision. 

In addition to the above considerations, 

DOT notes that the U.S. Access Board 

(USAB) is in the process of developing 

guidelines under the Americans with 

Disabilities Act (ADA) for access to ferries, 

cruise ships, excursion boats, and other large 

passenger vessels. Those guidelines have not 

been finalized yet, however, and OST 

proposes incorporating only final guidelines 

into DOT’s regulations. 

49 CFR part 71—Standard Time Zone 

Boundaries 

• Section 610: OST has reviewed these 

regulations and found no SEISNOSE. 

• General: OST has reviewed these 

regulations and found that some 

nonsubstantive technical corrections are 

needed. OST has initiated a rulemaking to 

make these corrections. 

49 CFR part 79—Medals of Honor 

• Section 610: The U.S. Department of 

Transportation (DOT) Office of the Secretary 

(OST) conducted a Section 610 review of this 

part and found no SEISNOSE. 

• General: No changes are needed. These 

regulations are cost effective and impose the 

least burden. OST’s plain language review of 

these rules indicates no need for substantial 

revision. 

49 CFR part 92—Recovering Debts to the 

United States by Salary Offset 

• Section 610: OST conducted a Section 

610 review of this part and found no 

SEISNOSE. 

• General: These regulations are cost 

effective and impose the least burden. OST’s 

plain language review of these rules indicates 

no need for substantial revision. Since the 

rule was enacted, however, the DOT 

Operating Administrations have changed. As 

a result, DOT will consider a rulemaking to 

update the agencies listed at 49 CFR 92.5(g)— 

Definitions to: 

(g) DOT operating element (see 49 CFR 1.3) 

means a DOT Operating Administration 

including— 

(1) The Office of the Secretary. 

(2) Federal Aviation Administration. 

(3) Federal Highway Administration. 

(4) Federal Railroad Administration. 

(5) National Highway Traffic Safety 

Administration. 

(6) Office of the Inspector General. 

(7) St. Lawrence Seaway Development 

Corporation. 

(8) Maritime Administration. 

OST will consider a rulemaking to make 

these revisions. These regulations are cost 

effective and impose the least burden. OST’s 

plain language review of these rules 

indicated no need for substantial revision. 

49 CFR part 98—Enforcement of Restrictions 

on Post-Employment Activities 

• Section 610: OST conducted a Section 

610 review of this part and found no 

SEISNOSE. 

• General: These regulations are cost 

effective and impose the least burden. OST’s 

plain language review of these rules indicates 

no need for substantial revision. Since the 

rule was enacted, the U.S. Department of 

Transportation’s organizational structure 

changed, and as a result DOT will consider 

updating the list of DOT Operating 

Administrations (OAs) listed in 49 CFR 98.2 

to reflect the current listing of DOT OAs in 

49 CFR 89.2(a), as follows: (1) references to 

the U.S. Coast Guard (at 49 CFR 98.2(a)(1)), 

Urban Mass Transportation Administration 

(at 49 CFR 98.2(a)(6), and Research and 

Special Programs Administration (at 49 CFR 

98.2(a)(8) should be deleted; (2) reference to 

the Saint Lawrence Seaway Development 

Corporation at 49 CFR 98.2(a)(7) should be 

changed to the Great Lakes Saint Lawrence 

Seaway Development Corporation; and (3) 

references to the Federal Motor Carrier Safety 

Administration, Federal Transit 

Administration, and Pipeline and Hazardous 

Materials Safety Administration should be 

added. In addition, since the rule was 

enacted, the title of the Assistant General 

Counsel for Environmental, Civil Rights, and 

General Law has been updated to the 

Assistant General Counsel for General Law, 

so the following change would be considered 

in 49 CFR 98.3 and 98.4: references to the 

Assistant General Counsel for Environmental, 

Civil Rights, and General Law should be 

updated to the Assistant General Counsel for 

General Law. OST’s plain language review of 

these rules indicates no need for substantial 

revision. 

49 CFR part 99—Employee Responsibilities 

and Conduct 

• Section 610: OST conducted a Section 

610 review of this part and found no 

SEISNOSE. 

• General: No changes are needed. These 

regulations are cost effective and impose the 

least burden. OST’s plain language review of 

these rules indicates no need for substantial 

revision. 

48 CFR parts 1201–1224 

• Section 610: OST has reviewed the 

regulations at 48 CFR parts 1201–1224 and 

found no SEISNOSE. 

• General: OST determined that updates 

were needed to the regulations at 48 CFR 

parts 1201–1224. The regulations were 

updated as part of RIN 2105–AE26 (Revisions 

to the Transportation Acquisition 

Regulations) The final rule published on 

October 7, 2022. 

48 CFR part 1201—Federal Acquisition 

Regulations System 

48 CFR part 1202—Definitions of Words and 

Terms 

48 CFR part 1203—Improper Business 

Practices and Personal Conflicts of Interest 

48 CFR part 1204—Administrative Matters 

48 CFR part 1205—Publicizing Contract 

Actions 

48 CFR part 1206—Competition 

Requirements 

48 CFR part 1207—Acquisition Planning 

48 CFR part 1208–1210—[Reserved] 

48 CFR part 1211—Describing Agency Needs 

48 CFR part 1213—Simplified Acquisition 

Procedures 

48 CFR part 1214—Sealed Bidding 

48 CFR part 1215—Contracting by 

Negotiation 


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48 CFR part 1216—Types of Contracts 

48 CFR part 1217—Special Contracting 

Methods 

48 CFR part 1219—Small Business Programs 

48 CFR part 1222—Application of Labor 

Laws to Government Acquisitions 

48 CFR part 1223—Environment, Energy and 

Water Efficiency, Renewable Energy 

Technologies, Occupational Safety, and 

Drug-Free Workplace 

48 CFR part 1224—Protection of Privacy and 

Freedom of Information 

Year 1 (Fall 2018) List of Rules That Are 

Under Ongoing Analysis 

49 CFR part 93—Aircraft Allocation 

14 CFR part 200—Definitions and 

Instructions 

14 CFR part 201—Air Carrier Authority 

under Subtitle VII of Title 49 of the United 

States Code [Amended] 

14 CFR part 203—Waiver of Warsaw 

Convention Liability Limits and Defenses 

14 CFR part 204—Data to Support Fitness 

Determinations 

14 CFR part 205—Aircraft Accident Liability 

Insurance 

14 CFR part 206—Certificates of Public 

Convenience and Necessity: Special 

Authorizations and Exemptions 

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

Scheduled Air Carriers 

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

Charter Air Carriers 

14 CFR part 211—Applications for Permits to 

Foreign Air Carriers 

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

Foreign Direct Air Carriers 

Year 2 (Fall 2019) List of Rules Analyzed and 

Summary of Results 

48 CFR parts 1227 through 1253 and new 

parts and subparts 

• Section 610: OST has reviewed the 

regulations at 48 CFR parts 1227–1253 and 

found no SEISNOSE. 

• General: OST determined that updates 

were needed to the regulations at 48 CFR 

parts 1227–1253. The regulations were 

updated as part of RIN 2105–AE26 (Revisions 

to the Transportation Acquisition 

Regulations) The final rule published on 

October 7, 2022. 

48 CFR part 1227—Patents, Data, and 

Copyrights 

48 CFR part 1228—Bonds and Insurance 

48 CFR part 1231—Contract Costs Principles 

and Procedures 

48 CFR part 1232—Contract Financing 

48 CFR part 1233—Protests, Disputes, and 

Appeals 

48 CFR part 1235—Research and 

Development Contracting 

48 CFR part 1236—Construction and 

Architect-Engineer Contracts 

48 CFR part 1237—Service Contracting 

48 CFR part 1239—Acquisition of 

Information Technology 

48 CFR part 1242—Contract Administration 

and Audit Services 

48 CFR part 1245—Government Contracting 

48 CFR part 1246—Quality Assurance 

48 CFR part 1247—Transportation 

48 CFR part 1252—Solicitation Provisions 

and Contract Clauses 

48 CFR part 1253—Forms 

Year 3 (Fall 2020) List of Rules Analyzed and 

Summary of Results 

14 CFR parts 213 through 232 

14 CFR 213—Terms, Conditions and 

Limitations of Foreign Air Carrier Permits 

Section 610: OST conducted a Section 610 

review of this part and found no SEISNOSE. 

General: No changes are needed. These 

regulations are cost effective and impose the 

least burden. 

14 CFR 214—Terms, Conditions, and 

Limitations for Foreign Air Carrier Permits 

Authorizing Charter Transportation Only 

• Section 610: OST conducted a Section 

610 review of this part and found no 

SEISNOSE. 

• General: No changes are needed. These 

regulations are cost effective and impose the 

least burden. 

14 CFR 215—Use and Change of Names of 

Air Carriers, Foreign Air Carriers and 

Commuter Air Carriers 

Section 610: OST conducted a Section 610 

review of this part and found no SEISNOSE. 

General: No changes are needed. These 

regulations are cost effective and impose the 

least burden. 

14 CFR 216—Commingling of Blind Sector 

Traffic by Foreign Air Carriers 

Section 610: OST conducted a Section 610 

review of this part and found no SEISNOSE. 

General: No changes are needed. These 

regulations are cost effective and impose the 

least burden. 

14 CFR 218—Lease by Foreign Air Carrier or 

Other Foreign Person of Aircraft with Crew 

Section 610: OST conducted a Section 610 

review of this part and found no SEISNOSE. 

General: No changes are needed. These 

regulations are cost effective and impose the 

least burden. 

14 CFR 221—TARIFFS 

Section 610: OST conducted a Section 610 

review of this part and found no SEISNOSE. 

General: OST reviewed and has found that 

a non-substantive technical correction is 

necessary and will explore options to make 

this correction. 

14 CFR 222—Intermodal Cargo Services by 

Foreign Air Carriers 

Section 610: OST conducted a Section 610 

review of this part and found no SEISNOSE. 

General: No changes are needed. These 

regulations are cost effective and impose the 

least burden. 

14 CFR 223—Free and Reduced-Rate 

Transportation 

Section 610: OST conducted a Section 610 

review of this part and found no SEISNOSE. 

General: No changes are needed. These 

regulations are cost effective and impose the 

least burden. 

Year 6 (Fall 2024) List of Rules That Will Be 

Analyzed During the Next Year 

14 CFR part 300—RULES OF CONDUCT IN 

DOT PROCEEDING UNDER THIS 

CHAPTER 

14 CFR part 302—RULES OF PRACTICE IN 

PROCEEDINGS 

• Section 610 (Subpart D): The U.S. 

Department of Transportation (DOT) Office of 

the Secretary (OST) conducted a Section 610 

review of this part and found no SEISNOSE. 

• General (Subpart D): No changes are 

needed. These regulations are cost effective 

and impose the least burden. OST’s plain 

language review of these rules indicates no 

need for substantial revision. Rule was 

updated in 2019. 

14 CFR part 303—REVIEW OF AIR CARRIER 

AGREEMENTS 

14 CFR part 305—RULES OF PRACTICE IN 

INFORMAL NONPUBLIC 

INVESTIGATIONS 

• Section 610: The U.S. Department of 

Transportation (DOT) Office of the Secretary 

(OST) conducted a Section 610 review of this 

part and found no SEISNOSE. 

• General: No changes are needed. These 

regulations are cost effective and impose the 

least burden. OST’s plain language review of 

these rules indicates no need for substantial 

revision. Rule was updated in 2019. 

14 CFR part 313—IMPLEMENTATION OF 

THE ENERGY POLICY AND 

CONSERVATION ACT 

14 CFR part 323—TERMINATIONS, 

SUSPENSIONS, AND REDUCTIONS 

14 CFR part 325—ESSENTIAL AIR SERVICE 

PROCEDURES 

14 CFR part 330—PROCEDURES FOR 

COMPENSATION OF AIR CARRIERS 

14 CFR part 372—OVERSEAS MILITARY 

PERSONNEL CHARTERS 

Federal Aviation Administration 

Section 610 and Other Reviews 

The Federal Aviation Administration 

(FAA) has elected to use the two-step, twoyear process used by most Department of 

Transportation (DOT) modes in past plans. 

As such, the FAA has divided its rules into 

10 groups as displayed in the table below. 

During the first year (the ‘‘analysis year’’), all 

rules published during the previous 10 years 

within a 10% block of the regulations will be 

analyzed to identify those with a significant 

economic impact on a substantial number of 

small entities (SEISNOSE). During the second 

year (the ‘‘review year’’), each rule identified 

in the analysis year as having a SEISNOSE 

will be reviewed in accordance with section 

610 (b) to determine if it should be continued 

without change or changed to minimize 

impact on small entities. Results of those 

reviews will be published in the DOT 

Semiannual Regulatory Agenda. 


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Year Regulations to be reviewed Analysis year Review year 

1 ........................ 14 CFR parts 141 through 147 and parts 170 through 187 .................................................... 2020 2021 

2 ........................ 14 CFR parts 189 through 198 and parts 1 through 16 .......................................................... 2021 2022 

3 ........................ 14 CFR parts 17 through 33 .................................................................................................... 2022 2023 

4 ........................ 14 CFR parts 34 through 39 and parts 400 through 405 ........................................................ 2023 2024 

5 ........................ 14 CFR parts 43 through 49 and parts 406 through 415 ........................................................ 2024 2025 

6 ........................ 14 CFR parts 60 through 77 .................................................................................................... 2025 2026 

7 ........................ 14 CFR parts 91 through 107 .................................................................................................. 2026 2027 

8 ........................ 14 CFR parts 417 through 460 ................................................................................................ 2027 2028 

9 ........................ 14 CFR parts 119 through 129 and parts 150 through 156 .................................................... 2028 2029 

10 ...................... 14 CFR parts 133 through 139 and parts 157 through 169 .................................................... 2029 2030 

Defining SEISNOSE for FAA Regulations 

The RFA does not define ‘‘significant 

economic impact.’’ Therefore, there is no 

clear rule or number to determine when a 

significant economic impact occurs. 

However, the Small Business Administration 

(SBA) states that significance should be 

determined by considering the size of the 

business, the size of the competitor’s 

business and the impact the same regulation 

has on larger competitors. 

Likewise, the RFA does not define 

‘‘substantial number.’’ However, the 

legislative history of the RFA suggests that a 

substantial number must be at least one but 

does not need to be an overwhelming 

percentage such as more than half. The SBA 

states that the substantiality of the number of 

small businesses affected should be 

determined on an industry-specific basis. 

This analysis consisted of the following 

three steps: 

1. Review of the number of small entities 

affected by the amendments to parts 34 

through 39, and parts 400 through 405. 

2. Identification and analysis of all 

amendments to parts 34 through 39, and 

parts 400 through 405 since 2013 to 

determine whether any still have or now 

have a SEISNOSE. 

3. Review of the FAA’s regulatory 

flexibility assessment of each amendment 

performed as required by the RFA. 

Year 1 (Fall 2023) List of Rules Analyzed and 

Summary of Results 

14 CFR part 34—Fuel Venting and Exhaust 

Emission Requirements for Turbine Engine 

Powered Airplanes 

Section 610: The agency conducted a 

Section 610 Review of this part and 

determined no amendments to 14 CFR part 

34 promulgated since January 2013 has or 

will have a SEISNOSE. 

General: No changes are needed. These 

regulations are cost effective and impose the 

least burden. 

14 CFR part 35—Airworthiness Standards: 

Propellers 

Section 610: The agency conducted a 

Section 610 Review of this part and 

determined no amendments to 14 CFR part 

35 promulgated since January 2013 has or 

will have a SEISNOSE. 

General: No changes are needed. These 

regulations are cost effective and impose the 

least burden. 

14 CFR part 36—Noise Standards: Aircraft 

Type and Airworthiness Certification 

Section 610: The agency conducted a 

Section 610 Review of this part and 

determined no amendments to 14 CFR part 

36 promulgated since January 2013 has or 

will have a SEISNOSE. 

General: No changes are needed. 

14 CFR part 39—Airworthiness Directives 

Section 610: The agency conducted a 

Section 610 Review of this part and 

determined no amendments to 14 CFR part 

39 promulgated since January 2013 has or 

will have a SEISNOSE. 

General: No changes are needed. These 

regulations are cost effective and impose the 

least burden. 

14 CFR part 400—Basis and Scope 

Section 610: The agency conducted a 

Section 610 Review of this part and 

determined no amendments to 14 CFR part 

400 promulgated since January 2013 has or 

will have a SEISNOSE. 

General: No changes are needed. These 

regulations are cost effective and impose the 

least burden. 

14 CFR part 401—Organization and 

Definitions 

Section 610: The agency conducted a 

Section 610 Review of this part and 

determined no amendments to 14 CFR part 

401 promulgated since January 2013 has or 

will have a SEISNOSE. 

General: No changes are needed. 

14 CFR part 404—Petition and Rulemaking 

Procedures 

Section 610: The agency conducted a 

Section 610 Review of this part and 

determined no amendments to 14 CFR part 

404 promulgated since January 2013 has or 

will have a SEISNOSE. 

General: No changes are needed. 

14 CFR part 405—Compliance and 

Enforcement 

Section 610: The agency conducted a 

Section 610 Review of this part and 

determined no amendments to 14 CFR part 

405 promulgated since January 2013 has or 

will have a SEISNOSE. 

General: No changes are needed. 

Year 2 (2024) List of Rules To Be Analyzed 

the Next Year 

14 CFR parts 43 through 49 and parts 406 

through 415 

14 CFR part 43—Maintenance, Preventive 

Maintenance, Rebuilding, and Alteration 

14 CFR part 45—Identification and 

Registration Marking 

14 CFR part 47—Aircraft Registration 

14 CFR part 48—Registration and Marking 

Requirements for Small Unmanned 

Aircraft 

14 CFR part 49—Recording of Aircraft Titles 

and Security Documents 

14 CFR part 406—Investigations, 

Enforcement, and Administrative Review 

14 CFR part 413—License Application 

Procedures 

14 CFR part 414—Safety Element Approvals 

14 CFR part 415—Launch License 

Federal Highway Administration 

Section 610 and Other Reviews 

Year Regulations to be reviewed Analysis year Review year 

1 ........................ None ......................................................................................................................................... 2018 2019 

2 ........................ 23 CFR parts 1 to 260 .............................................................................................................. 2019 2020 

3 ........................ 23 CFR parts 420 to 470 .......................................................................................................... 2020 2021 

4 ........................ 23 CFR part 500 ....................................................................................................................... 2021 2022 

5 ........................ 23 CFR parts 620 to 637 .......................................................................................................... 2022 2023 

6 ........................ 23 CFR parts 645 to 669 .......................................................................................................... 2023 2024 

7 ........................ 23 CFR parts 710 to 924 .......................................................................................................... 2024 2025 

8 ........................ 23 CFR parts 940 to 973 .......................................................................................................... 2025 2026 

9 ........................ 23 CFR parts 1200 to 1252 ...................................................................................................... 2026 2027 

10 ...................... New parts and subparts ........................................................................................................... 2027 2028 


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1Section 31307. Minimum training requirements 

for operators of longer combination vehicles (a) 

Definition. In this section, ‘‘longer combination 

vehicle’’ means a vehicle consisting of a truck 

tractor and more than one trailer or semitrailer that 

operates on the Dwight D. Eisenhower System of 

Interstate and Defense Highways with a gross 

vehicle weight of more than 80,000 pounds. (b) 

Requirements. The Secretary of Transportation shall 

maintain regulations establishing minimum training 

requirements for operators of longer combination 

vehicles. The training shall include certification of 

an operator’s proficiency by an instructor who has 

met the requirements established by the Secretary. 

Federal-Aid Highway Program 

The Federal Highway Administration 

(FHWA) has adopted regulations in title 23 

of the CFR, chapter I, related to the FederalAid Highway Program. These regulations 

implement and carry out the provisions of 

Federal law relating to the administration of 

Federal aid for highways. The primary law 

authorizing Federal aid for highways is 

chapter I of title 23 of the U.S.C. 145, which 

expressly provides for a federally assisted 

State program. For this reason, the 

regulations adopted by the FHWA in title 23 

of the CFR primarily relate to the 

requirements that States must meet to receive 

Federal funds for construction and other 

work related to highways. Because the 

regulations in title 23 primarily relate to 

States, which are not defined as small 

entities under the Regulatory Flexibility Act, 

the FHWA believes that its regulations in 

title 23 do not have a significant economic 

impact on a substantial number of small 

entities. The FHWA solicits public comment 

on this preliminary conclusion. 

Year 5 (Fall 2022) List of Rules Analyzed and 

a Summary of the Results 

23 CFR part 620—Engineering 

• Section 610: No SEISNOSE. No small 

entities are affected. 

• General: No changes are needed for 

purposes of the Regulatory Flexibility Act. 

FHWA’s plain language review of the 

regulations indicates no need for substantial 

revision. 

23 CFR part 625—Design Standards for 

Highways 

• Section 610: No SEISNOSE. No small 

entities are affected. 

• General: No changes are needed for 

purposes of the Regulatory Flexibility Act. 

FHWA recently updated aspects of the part 

625 regulations under RIN 2125–AF88 (87 FR 

32, (January 3, 2022)). FHWA’s plain 

language review of the regulations indicates 

no need for substantial revision. 

23 CFR part 626—Pavement Policy 

• Section 610: No SEISNOSE. No small 

entities are affected. 

• General: No changes are needed for 

purposes of the Regulatory Flexibility Act. 

FHWA is proposing to revise aspects of the 

part 626 regulations under RIN 2125–AF96. 

FHWA’s plain language review of the 

regulations indicates no need for substantial 

revision. 

23 CFR part 627—Value Engineering 

• Section 610: No SEISNOSE. No small 

entities are affected. 

• General: No changes are needed for 

purposes of the Regulatory Flexibility Act. 

FHWA’s plain language review of the 

regulations indicates no need for substantial 

revision. 

23 CFR part 630—Preconstruction 

Procedures 

• Section 610: No SEISNOSE. No small 

entities are affected. 

• General: No changes are needed for 

purposes of the Regulatory Flexibility Act. 

FHWA is proposing to revise aspects of the 

part 630 regulations under RINs 2125–AG03 

and 2125–AG05. FHWA’s plain language 

review of the regulations indicates no need 

for substantial revision. 

23 CFR part 633—Required Contract 

Provisions 

• Section 610: No SEISNOSE. No small 

entities are affected. 

• General: No changes are needed for 

purposes of the Regulatory Flexibility Act. 

FHWA is proposing to revise aspects of the 

part 633 regulations under RIN 2125–AG11. 

FHWA’s plain language review of the 

regulations indicates no need for substantial 

revision. 

23 CFR part 635—Construction and 

Maintenance 

• Section 610: No SEISNOSE. No small 

entities are affected. 

• General: No changes are needed for 

purposes of the Regulatory Flexibility Act. 

FHWA recently updated aspects of the part 

635 regulations under RIN 2125–AF83 (87 FR 

67553 (November 9, 2022)). FHWA’s plain 

language review of the regulations indicates 

no need for substantial revision. 

23 CFR part 636—Design-build Contracting 

• Section 610: No SEISNOSE. No small 

entities are affected. 

• General: No changes are needed for 

purposes of the Regulatory Flexibility Act. 

FHWA’s plain language review of the 

regulations indicates no need for substantial 

revision. 

23 CFR part 637—Construction Inspection 

and Approval 

• Section 610: No SEISNOSE. No small 

entities are affected. 

• General: No changes are needed for 

purposes of the Regulatory Flexibility Act. 

FHWA’s plain language review of the 

regulations indicates no need for substantial 

revision. 

Year 6 (Fall 2023) List of Rules That Will Be 

Analyzed During the Next Year 

23 CFR part 645—Utilities 

23 CFR part 646—Railroads 

23 CFR part 650—Bridges, Structures, and 

Hydraulics 

23 CFR part 655—Traffic Operations 

23 CFR part 656—Carpool and Vanpool 

Projects 

23 CFR part 657—Certification of Size and 

Weight Enforcement 

23 CFR part 658—Truck Size and Weight, 

Route Designations—Length, Width and 

Weight Limitations 

23 CFR part 660—Special Programs (Direct 

Federal) 

23 CFR part 661—Indian Reservation Road 

Bridge Program 

23 CFR part 667—Periodic Evaluation of 

Facilities Repeatedly Requiring Repair and 

Reconstruction Due to Emergency Events 

23 CFR part 668—Emergency Relief Program 

23 CFR part 669—Enforcement of Heavy 

Vehicle Use Tax 

Federal Motor Carrier Safety Administration 

Section 610 and Other Reviews 

Year Regulations to be reviewed Analysis year Review year 

1 ........................ 49 CFR part 386 ....................................................................................................................... 2018 2019 

2 ........................ 49 CFR part 385 ....................................................................................................................... 2019 2020 

3 ........................ 49 CFR parts 382 and 383 ....................................................................................................... 2020 2021 

4 ........................ 49 CFR part 380 ....................................................................................................................... 2021 2022 

5 ........................ 49 CFR part 387 ....................................................................................................................... 2022 2023 

6 ........................ 49 CFR part 398 ....................................................................................................................... 2023 2024 

7 ........................ 49 CFR part 392 ....................................................................................................................... 2024 2025 

8 ........................ 49 CFR part 375 ....................................................................................................................... 2025 2026 

9 ........................ 49 CFR part 367 ....................................................................................................................... 2026 2027 

10 ...................... 49 CFR part 395 ....................................................................................................................... 2027 2028 

Year 4 (2021) List of Rules With Ongoing 

Analysis 

49 CFR part 380—Special Training 

Requirements 

• Section 610: FMCSA analyzed 49 CFR 

part 380 and found no SEISNOSE. 

• 49 CFR part 380 is comprised of two 

distinct training matters. Subparts A through 

D establish minimum requirements for 

operators of longer combination vehicles 

(LCVs) and LCV driver-instructors. These 

parts introduce minor administrative costs of 

retaining records in case of a future 

investigation and training costs as directed 

by statute.1 It identifies prudent businessrelated costs that a small business desiring to 


ddrumheller on DSK120RN23PROD with PROPOSALS13
9614 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / UA: Reg Flex Agenda 

provide such training would incur whether 

the rule existed or not. 

• Subparts E through G address entry-level 

driver training. A major regulatory change 

was the introduction of the Entry-Level 

Driver Training (ELDT) rule which directed 

a compliance date of February 7, 2022. 

• The rule was updated to ensure new 

entrant drivers are qualified. The rule affects 

entry-level drivers seeking a CDL or a 

hazardous material (H), passenger (P), or 

school bus (S) endorsement, motor carriers, 

and training providers. Entry-level drivers 

are not small entities as defined by the U.S. 

Small Business Administration (SBA) and are 

therefore not included in this analysis. This 

rule does not directly regulate motor carriers 

except in cases where the carrier elects to 

register as a certified trainer. The ELDT rule 

requires motor carriers to maintain training 

records which drives a minimal cost. 

• Motor carriers and training/educational 

institutions seeking to register on the 

Training Provider Registry (TRP) as training 

providers must retain certain records and 

update the TPR website with company and 

student information. The costs are minimal. 

It also requires lesson plans and training 

criteria to comply with federal, state, and 

local requirements. 

• General: There is no need for substantial 

revision. These regulations provide 

necessary/clear guidance to industry 

employers, drivers, and training providers. 

The regulations are written consistent with 

plain language guidelines, are cost-effective, 

and impose the least economic burden on the 

industry. 

Year 5 (2022) List of Rules With Ongoing 

Analysis 

49 CFR part 387—Minimum Levels of 

Financial Responsibility for Motor Carriers 

• Section 610: FMCSA analyzed 49 CFR 

part 387 but found no SEIOSNOSE. 

• Under 49 U.S.C. 31138 and 31139, 

FMCSA is required to establish minimum 

levels of financial responsibility at or above 

the levels set by Congress. FMCSA’s 

regulations (49 CFR part 387 subparts A and 

B) require for-hire property, passenger motor 

carriers, and all motor carriers transporting 

hazardous materials to maintain financial 

responsibility at the statutory minimums set 

forth in 49 U.S.C. 31138 and 31139. 

• 49 CFR part 387 affects a substantial 

number of small entities, but the cost of 

required minimums does not impose a 

significant economic impact because the 

industry standard imposed by most lenders 

requires a higher level of coverage. Also, 

because the financial responsibility 

requirements were imposed by an act of 

Congress, FMCSA cannot further reduce the 

burden and satisfy the statutory directive 

Beyond the costs of obtaining insurance, 49 

CFR part 387, subpart C, requires for-hire 

motor carriers subject to the Agency’s 

jurisdiction under 49 U.S.C. 13501 to file 

evidence of financial responsibility with 

FMCSA. The cost of this administrative 

activity is minimal and does not rise to the 

level of a significant economic impact. 

General: There is no need for substantial 

revision. These regulations provide 

necessary/clear guidance to ‘‘For-hire’’ 

property and passenger motor carriers. The 

regulations are cost-effective and impose the 

least economic burden on the industry. 

Year 6 (2023) List of Rules That Will Be 

Analyzed During the Next Year 

49 CFR part 398—Transportation of Migrant 

Workers 

National Highway Traffic Safety 

Administration 

Section 610 and Other Reviews 

Year Regulations to be reviewed Analysis year Review year 

1 ........................ 49 CFR 571.223 through 571.500, and parts 575 and 579 ..................................................... 2018 2019 

2 ........................ 23 CFR part 1300 ..................................................................................................................... 2019 2020 

3 ........................ 49 CFR parts 501 through 526 and 571.213 ........................................................................... 2020 2021 

4 ........................ 49 CFR 571.131, 571.217, 571.220, 571.221, and 571.222 ................................................... 2021 2022 

5 ........................ 49 CFR 571.101 through 571.110, and 571.135, 571.136, 571.138 and 571.139 ................. 2022 2023 

6 ........................ 49 CFR 571.141, and 49 CFR parts 529 through 578, except parts 571 and 575. ................ 2023 2024 

7 ........................ 49 CFR 571.111 through 571.129 and parts 580 through 588 ............................................... 2024 2025 

8 ........................ 49 CFR 571.201 through 571.212 ............................................................................................ 2025 2026 

9 ........................ 49 CFR 571.214 through 571.219, except 571.217 ................................................................. 2026 2027 

10 ...................... 49 CFR parts 591 through 595 and new parts and subparts .................................................. 2027 2028 

Years 1 Through 6 (Fall 2019–2024) List of 

Rules With Ongoing or Pending Analysis 

49 CFR part 571.101—Controls and displays 

49 CFR part 571.102—Transmission shift 

position sequence, starter interlock, and 

transmission braking effect 

49 CFR part 571.103—Windshield defrosting 

and defogging systems 

49 CFR part 571.104—Windshield wiping 

and washing systems 

49 CFR part 571.105—Hydraulic and electric 

brake systems 

49 CFR part 571.106—Brake hoses 

49 CFR part 571.108—Lamps, reflective 

devices, and associated equipment 

49 CFR part 571.109—New pneumatic tires 

for vehicles manufactured from 1949 to 

1975, bias ply tires, and T-type spare tires 

49 CFR part 571.110—Tire selection and rims 

and motor home/recreation vehicle trailer 

load carrying capacity information for 

motor vehicles with a GVWR of 4,536 

kilograms (10,000 pounds) or less 

49 CFR part 571.131—School Bus Pedestrian 

Safety Devices 

49 CFR part 571.135—Light vehicle brake 

systems 

49 CFR part 571.136—Electronic stability 

control systems for heavy vehicles 

49 CFR part 571.138—Tire pressure 

monitoring systems 

49 CFR part 571.139—New pneumatic radial 

tires for light vehicles 

49 CFR 571.141—Minimum Sound 

Requirements for Hybrid and Electric 

Vehicles 

49 CFR part 571.213—Child Restraint 

Systems 

49 CFR part 571.217—Bus Emergency Exits 

and Window Retention and Release 

49 CFR part 571.220—School Bus Rollover 

Protection 

49 CFR part 571.221—School Bus Body Joint 

Strength 

49 CFR part 571.222—School Bus Passenger 

Seating and Crash Protection 

49 CFR part 571.223—Rear Impact Guards 

49 CFR part 571.224—Rear Impact Protection 

49 CFR part 571.225—Child Restraint 

Anchorage Systems 

49 CFR part 571.226—Ejection Mitigation 

49 CFR part 571.301—Fuel System Integrity 

49 CFR part 571.302—Flammability of 

Interior Materials 

49 CFR part 571.303—Fuel System Integrity 

of Compressed Natural Gas Vehicles 

49 CFR part 571.304—Compressed Natural 

Gas Fuel Container Integrity 

49 CFR part 571.305—Electric-Powered 

Vehicles: Electrolyte Spillage and 

Electrical Shock Protection 

49 CFR part 571.401—Interior Trunk Release 

49 CFR part 571.403—Platform Lift Systems 

for Motor Vehicles 

49 CFR part 571.404—Platform Lift 

Installations in Motor Vehicles 

49 CFR part 571.500—Low-Speed Vehicles 

49 CFR part 501—Organization and 

Delegation of Powers and Duties 

49 CFR part 509—OMB Control Numbers for 

Information Collection Requirements 

49 CFR part 510—Information Gathering 

Powers 

49 CFR part 511—Adjudicative Procedures 

49 CFR part 512—Confidential Business 

Information 

49 CFR part 520—Procedures for Considering 

Environmental Impacts 

49 CFR part 523—Vehicle Classification 

49 CFR part 525—Exemptions from Average 

Fuel Economy Standards 

49 CFR part 526—Petitions and Plans for 

Relief under the Automobile Fuel 

Efficiency Act of 1980 

49 CFR part 529—Manufacturers of 

Multistage Automobiles 

49 CFR part 531—Passenger Automobile 

Average Fuel Economy Standards 

49 CFR part 533—Light Truck Fuel Economy 

Standards 

49 CFR part 534—Rights and Responsibilities 

of Manufacturers in the Context of Changes 

in Corporate Relationships 


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Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / UA: Reg Flex Agenda 9615 

49 CFR part 535—Medium- and Heavy-Duty 

Vehicle Fuel Efficiency Program 

49 CFR part 536—Transfer and Trading of 

Fuel Economy Credits 

49 CFR part 537—Automotive Fuel Economy 

Reports 

49 CFR part 538—Manufacturing Incentives 

for Alternative Fuel Vehicles 

49 CFR part 541—Federal Motor Vehicle 

Theft Prevention Standard 

49 CFR part 542—Procedures for Selecting 

Light Duty Truck Lines to Be Covered by 

the Theft Prevention Standard 

49 CFR part 543—Exemption from Vehicle 

Theft Prevention Standard 

49 CFR part 545—Federal Motor Vehicle 

Theft Prevention Standard Phase-in and 

Small-Volume Line Reporting 

Requirements 

49 CFR part 551—Procedural Rules 

49 CFR part 552—Petitions for Rulemaking, 

Defect, and Noncompliance Orders 

49 CFR part 553—Rulemaking Procedures 

49 CFR part 554—Standards Enforcement 

and Defects Investigation 

49 CFR part 555—Temporary Exemption 

from Motor Vehicle Safety and Bumper 

Standards 

49 CFR part 556—Exemption for 

Inconsequential Defect or Noncompliance 

49 CFR part 557—Petitions for Hearings on 

Notification and Remedy of Defects 

49 CFR part 562—Lighting and Marking of 

Agricultural Equipment 

49 CFR part 563—Event Data Recorders 

49 CFR part 564—Replaceable Light Source 

and Sealed Beam Headlamp Information 

49 CFR part 565—Vehicle Identification 

Number (VIN) Requirements 

49 CFR part 566—Manufacturer 

Identification 

49 CFR part 567—Certification 

49 CFR part 568—Vehicles Manufactured in 

Two or More Stages—All Incomplete, 

Intermediate and Final-Stage 

Manufacturers of Vehicles Manufactured in 

Two or More Stages 

49 CFR part 569—Regrooved Tires 

49 CFR part 570—Vehicle in Use Inspection 

Standards 

49 CFR part 572—Anthropomorphic Test 

Devices 

49 CFR part 573—Defect and Noncompliance 

Responsibility and Reports 

49 CFR part 574—Tire Identification and 

Recordkeeping 

49 CFR part 575—Consumer Information 

49 CFR part 576—Record Retention 

49 CFR part 577—Defect and Noncompliance 

Notification 

49 CFR part 578—Civil and Criminal 

Penalties 

49 CFR part 579—Reporting of Information 

and Communications About Potential 

Defects 

23 CFR part 1200—Uniform Procedures for 

State Highway Safety Grant Programs 

23 CFR part 1300—Uniform Procedures for 

State Highway Safety Grant Programs 

Federal Railroad Administration 

Section 610 and Other Reviews 

Year Regulations to be reviewed Analysis year Review year 

1 ........................ 49 CFR parts 200, 207, 209, and 210 ..................................................................................... 2018 2019 

2 ........................ 49 CFR parts 211, 212, 213, 214, and 215 ............................................................................. 2019 2020 

3 ........................ 49 CFR parts 216, 217, 218, 219, and 220 ............................................................................. 2020 2021 

4 ........................ 49 CFR parts 221, 222, 223, 224, and 225 ............................................................................. 2021 2022 

5 ........................ 49 CFR parts 227, 228, 229, 230, and 231 ............................................................................. 2022 2023 

6 ........................ 49 CFR parts 232, 233, 234, 235, and 236 ............................................................................. 2023 2024 

7 ........................ 49 CFR parts 237, 238, 249, 240, and 241 ............................................................................. 2024 2025 

8 ........................ 49 CFR parts 242, 243, 244, 250, and 256 ............................................................................. 2025 2026 

9 ........................ 49 CFR parts 261, 262, 264, 266, and 268 ............................................................................. 2026 2027 

10 ...................... 49 CFR parts 269, 270, and 272 ............................................................................................. 2027 2028 

Year 5 (Fall 2022) List of Rules Analyzed and 

a Summary of Results 

49 CFR part 227—Occupational Noise 

Exposure 

D Section 610: There is no SEISNOSE. 

D General: The main objective of the rule 

is to protect the occupational health and 

safety of employees whose predominant 

noise exposure occurs in the locomotive cab. 

Hearing loss is an important issue in the 

railroad industry and there is a continuing 

safety need for this rule. The rule prescribes 

minimum Federal health and safety noise 

standards for locomotive cab occupants. This 

rule does not restrict a railroad or railroad 

contractor from adopting and enforcing 

additional or more stringent requirements. 

FRA’s plain language review of this rule 

indicates no need for substantial revision. 

49 CFR part 228—Hours of Service of 

Railroad Employees 

D Section 610: There is no SEISNOSE. 

D General: This rule prescribes reporting 

and recordkeeping requirements regarding 

the hours of service of certain railroad 

employees, railroad contractors and 

subcontractors and establishes standards and 

procedures concerning the construction of 

sleeping quarters. In general, this rule 

promotes the safety of railroad operations 

and employees. FRA’s plain language review 

of this rule indicates no need for substantial 

revision. 

49 CFR part 229—Railroad Locomotive 

Safety Standards 

D Section 610: There is a SEISNOSE. 

D General: Since the rule prescribes 

minimum Federal safety standards for all 

locomotives except those propelled by steam 

power, these regulations are necessary to 

achieve better and effective compliance of 

railroad locomotive safety standards, and to 

minimize the number of casualties. FRA’s 

plain language review of this rule indicates 

that there is no need for substantial revision. 

49 CFR part 230—Steam Locomotive 

Inspection and Maintenance Standards 

D Section 610: There is no SEISNOSE. 

D General: The rule prescribes minimum 

Federal safety standards of inspection and 

maintenance for all steam locomotive 

operated on railroads. These requirements 

are necessary to ensure the protection and 

safety of railroad employees and the general 

public, and to minimize the number of 

casualties. FRA’s plain language review of 

this rule indicates no need for substantial 

revision. 

49 CFR part 231—Railroad Safety Appliances 

Standards 

• Section 610: There is no SEISNOSE. 

• General: The rule provides for railroad 

safety standards which are necessary to 

ensure the protection and safety of railroad 

employees and public, and to minimize the 

number of casualties. Small railroads 

generally purchase rail equipment that has 

already been used in transportation by Class 

I and Class II railroads. As a result, rail 

equipment used by small railroads is often in 

compliance with part 231 standards at the 

time of acquisition. In addition, small 

railroads are not substantially affected by rail 

equipment maintenance costs that are 

associated with part 231 requirements 

because most rail equipment repairs are 

performed by Class I and Class II railroads 

and/or billed to the car owner. Although part 

231 may have some impact on small 

railroads, FRA has deemed any such impact 

to be necessary to ensure uniform and 

consistent equipment design requirements, 

which contribute to the safety of railroad 

employees who work on or about the rail 

equipment. FRA’s plain language review of 

this rule indicates no need for substantial 

revision. 

Year 6 (Fall 2023) List of Rules(s) That Will 

Be Analyzed During This Year 

49 CFR part 232—Brake System Safety 

Standards for Freight and Other NonPassenger Trains and Equipment; End-ofTrain Devices 

49 CFR part 233—Signal Systems Reporting 

Requirements 

49 CFR part 234—Grade Crossing Safety 

49 CFR part 235—Instructions Governing 

Applications for Approval of a 

Discontinuance or Material Modification of 

a Signal System or Relief from the 

Requirements of Part 236 

49 CFR part 236—Rules, Standards, and 

Instructions Governing the Installation, 

Inspection, Maintenance, and Repair of 


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Signal and Train Control Systems, Devices, 

and Appliances 

Federal Transit Administration 

Section 610 and Other Reviews 

The Regulatory Flexibility Act of 1980 

(RFA), as amended (sections 601 through 612 

of title 5, United States Code), requires 

Federal regulatory agencies to analyze all 

proposed and final rules to determine their 

economic impact on small entities, which 

include small businesses, organizations, and 

governmental jurisdictions. Section 610 

requires government agencies to periodically 

review all regulations that will have a 

significant economic impact on a substantial 

number of small entities (SEISNOSE). 

In complying with this section, the Federal 

Transit Administration (FTA) has elected to 

use the two-step, two-year process used by 

most Department of Transportation (DOT) 

modes. As such, FTA has divided its rules 

into 10 groups as displayed in the table 

below. During the analysis year, the listed 

rules will be analyzed to identify those with 

a SEISNOSE. During the review year, each 

rule identified in the analysis year as having 

a SEISNOSE will be reviewed in accordance 

with section 610(b) to determine if it should 

be continued without change or changed to 

minimize the impact on small entities. 

Year Regulations to be reviewed Analysis year Review year 

1 ........................ 49 CFR parts 604, 605, and 624 ............................................................................................. 2018 2019 

2 ........................ 49 CFR parts 609 and 640 ....................................................................................................... 2019 2020 

3 ........................ 49 CFR part 633 ....................................................................................................................... 2020 2021 

4 ........................ 49 CFR part 611 ....................................................................................................................... 2021 2022 

5 ........................ 49 CFR part 655 ....................................................................................................................... 2022 2023 

6 ........................ 49 CFR parts 602 and 614 ....................................................................................................... 2023 2024 

7 ........................ 49 CFR parts 661 and 663 ....................................................................................................... 2024 2025 

8 ........................ 49 CFR parts 625, 630, and 665 ............................................................................................. 2025 2026 

9 ........................ 49 CFR parts 613, 622, 670 and 674 ...................................................................................... 2026 2027 

10 ...................... 49 CFR parts 650, 672 and 673 .............................................................................................. 2027 2028 

Year 5 (Fall 2022) List of Rules Analyzed and 

Summary of Results 

49 CFR part 655—Prevention of Alcohol 

Misuse and Prohibited Drug Use in Transit 

Operations 

• Section 610: FTA conducted a Section 

610 review of 49 CFR part 655 and 

determined that it would not result in a 

SEISNOSE within the meaning of the RFA. 

The regulation implements statutorily 

required procedures for alcohol and 

controlled substance testing. 

• General: No changes are needed. FTA 

amended the Prevention of Alcohol Misuse 

and Prohibited Drug Use in Transit 

Operations regulation in 2023 (88 FR 27596) 

to include oral fluid testing and to harmonize 

testing procedures with the Mandatory 

Guidelines for Federal Workplace Drug 

Testing Programs Using Oral Fluid 

established by the U.S. Department of Health 

and Human Services. 

The rule increases flexibility for smallentity transportation employers and drug test 

collection sites by allowing them to use oral 

fluid testing instead of urine testing to meet 

DOT testing requirements. Accordingly, FTA 

determined that the rule would not have a 

significant economic impact on a substantial 

number of small entities. 

Year 6 (Fall 2023) List of Rules To Be 

Analyzed This Year 

49 CFR part 602—Emergency Relief 

49 CFR part 614—Transportation 

Infrastructure Management 

Maritime Administration 

Section 610 and Other Reviews 

Year Regulations to be reviewed Analysis year Review year 

1 ........................ 46 CFR parts 201 through 205, 46 CFR parts 315 through 340, 46 CFR part 345 through 

347, and 46 CFR parts 381 and 382.

2018 2019 

2 ........................ 46 CFR parts 221 through 232 ................................................................................................ 2019 2020 

3 ........................ 46 CFR parts 249 through 296 ................................................................................................ 2020 2021 

4 ........................ 46 CFR parts 298 ..................................................................................................................... 2021 2022 

5 ........................ 46 CFR parts 307 through 309 ................................................................................................ 2022 2023 

6 ........................ 46 CFR part 310 ....................................................................................................................... 2023 2024 

7 ........................ 46 CFR parts 315 through 340 ................................................................................................ 2024 2025 

8 ........................ 46 CFR parts 345 through 381 ................................................................................................ 2025 2026 

9 ........................ 46 CFR parts 382 through 389 ................................................................................................ 2026 2027 

10 ...................... 46 CFR parts 390 through 393 ................................................................................................ 2027 2028 

Year 4 (2022) List of Rules Analyzed and 

Summary of Results 

46 CFR 298—Vessel Financing Assistance 

• Section 610: There is no SEISNOSE. 

• General: MARAD has reviewed part 298 

and found that while it does not have 

SEISNOSE, it is necessary to amend the rule 

to implement statutory changes and update 

the existing financial requirements imposed 

on Title XI Program obligors to align with 

more up-to-date vessel financing and federal 

credit best practices. Accordingly, MARAD 

has initiated a rulemaking to amend the rule. 

MARAD’s rulemaking amending part 298 

will include plain language revisions. 

Year 5 (2023) List of Rules Analyzed and 

Summary of Results 

46 CFR part 307—Mandatory Position Report 

System for Vessels 

Section 307: There is no SEISNOSE. 

• General: No changes are needed. 

MARAD’s plain language review of this rule 

indicated no need for substantial revision. 

46 CFR part 308—War Risk Insurance 

• Section 610: There is no SEISNOSE. 

• General: No changes are needed. 

MARAD’s plain language review of this rule 

indicated no need for substantial revision. 

46 CFR part 309—War Risk Ship Valuation 

• Section 610: There is no SEISNOSE. 

• General: No changes are needed. 

MARAD’s plain language review of this rule 

indicated no need for substantial revision. 

Year 6 (2024) List of Rules With Ongoing 

Analysis 

46 CFR part 310—Merchant Marine Training 

Pipeline and Hazardous Materials Safety 

Administration (PHMSA) 

Section 610 and Other Reviews 


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Year Regulations to be reviewed Analysis year Review year 

1 ........................ 49 CFR part 178 ....................................................................................................................... 2018 2019 

2 ........................ 49 CFR parts 178 through 180 ................................................................................................ 2019 2020 

3 ........................ 49 CFR parts 172 and 175 ....................................................................................................... 2020 2021 

4 ........................ 49 CFR part 171, sections 171.15 and 171.16 ........................................................................ 2021 2022 

5 ........................ 49 CFR parts 106, 107, 171, 190, and 195 ............................................................................. 2022 2023 

6 ........................ 49 CFR parts 174, 177, and 199 ............................................................................................. 2023 2024 

7 ........................ 49 CFR parts 176, 191 and 192 .............................................................................................. 2024 2025 

8 ........................ 49 CFR parts 172 and 178 ....................................................................................................... 2025 2026 

9 ........................ 49 CFR parts 172, 173, 174, 176, 177, and 193 ..................................................................... 2026 2027 

10 ...................... 49 CFR parts 173 and 194 ....................................................................................................... 2027 2028 

Year 5 (Fall 2023) List of Rules Analyzed and 

a Summary of Results 

49 CFR part 106—RULEMAKING 

PROCEDURES 

49 CFR part 107—HAZARDOUS 

MATERIALS PROGRAM PROCEDURES 

49 CFR part 171—GENERAL 

INFORMATION, REGULATIONS, AND 

DEFINITIONS 

• Section 610: PHMSA conducted a review 

of these parts and found no SEISNOSE. 

• General: PHMSA has reviewed these 

parts and found that while these parts do not 

have SEISNOSE, they could be revised to 

reflect new technologies and updated to 

reflect current practices. Therefore, PHMSA 

has initiated rulemakings that—where 

necessary—revise portions of parts 106, 107, 

and 171. Otherwise, PHMSA’s plain language 

review of these parts indicates no need for 

substantial revision. Where confusing or 

ambiguous language has been identified, 

PHMSA plans to propose or finalize revisions 

by way of rulemakings. 

As an example, the ‘‘Hazardous Materials: 

Advancing Safety of Modal Specific 

Provisions’’ (2137–AF41) rulemaking action 

is part of PHMSA’s response to clarify 

current regulatory requirements and address 

public comments. This rulemaking also 

proposes to address a variety of petitions for 

rulemaking, specific to modal stakeholders, 

and other issues identified by PHMSA during 

its regulatory review. The impact that the 

2137–AF41 rulemaking will have on small 

entities is not expected to be significant. The 

rulemaking is based on PHMSA’s initiatives 

and correspondence with the regulated 

community, as well as PHMSA’s consultation 

with its modal partners, including FMCSA, 

FRA, and the United States Coast Guard 

(USCG). The proposed amendments are 

expected to result in an overall net cost 

savings and ease the regulatory compliance 

burden for small entities, shippers, carriers, 

manufacturers, and requalifiers, specifically 

those modal-specific packaging and 

requalification requirements. This 

rulemaking is one example of PHMSA’s 

review of rulemakings which ensures that 

our rules do not have a significant economic 

impact on a substantial number of small 

entities. 

For a second example, the ‘‘Hazardous 

Materials: Harmonization With International 

Standards’’ (2137–AF57) rulemaking action 

is part of PHMSA’s ongoing biennial process 

to harmonize the Hazardous Materials 

Regulations (HMR) with international 

regulations and standards. Federal law and 

policy strongly favor the harmonization of 

domestic and international standards for 

hazardous materials transportation. The 

Federal hazardous materials transportation 

law (Federal hazmat law; 49 U.S.C. 5101 et 

seq.) directs PHMSA to participate in 

relevant international standard-setting bodies 

and promotes consistency of the HMR with 

international transport standards to the 

extent practicable. Federal hazardous 

materials law permits PHMSA to depart from 

international standards where appropriate, 

including to promote safety or other 

overriding public interests. However, Federal 

hazardous materials law otherwise 

encourages domestic and international 

harmonization (see 49 U.S.C. 5120). 

Harmonization facilitates international trade 

by minimizing the costs and other burdens of 

complying with multiple or inconsistent 

safety requirements for transportation of 

hazardous materials. Safety is enhanced by 

creating a uniform framework for 

compliance, and as the volume of hazardous 

materials transported in international 

commerce continues to grow, harmonization 

becomes increasingly important. The impact 

that the 2137–AF57 rulemaking will have on 

small entities is not expected to be 

significant. The rulemaking will clarify 

provisions based on PHMSA’s initiatives and 

correspondence with the regulated 

community and domestic and international 

stakeholders, which helps promote safety 

through increased regulatory compliance. 

The changes are generally intended to 

provide relief and, as a result, positive 

economic benefits to shippers, carriers, and 

packaging manufacturers and testers, 

including small entities. This rulemaking is 

expected to lead to both economic and safety 

benefits. The amendments are expected to 

result in net benefits for shippers engaged in 

domestic and international commerce, 

including trans-border shipments within 

North America. Additionally, the effective 

changes of this rulemaking will relieve U.S. 

companies, including small entities 

competing in foreign markets, from the 

burden of complying with a dual system of 

regulations. This rulemaking is a second 

example of PHMSA’s review of rulemakings 

which helps ensure that the HMR do not 

have a significant economic impact on a 

substantial number of small entities. 

49 CFR part 190—PIPELINE SAFETY 

ENFORCEMENT AND REGULATORY 

PROCEDURES 

• Section 610: PHMSA conducted a review 

of this part and found no SEISNOSE. 

• General: No changes are needed. 

49 CFR part 195—TRANSPORTATION OF 

HAZARDOUS LIQUIDS BY PIPELINE 

• Section 610: PHMSA conducted a review 

of this part and found no SEISNOSE. 

However, PHMSA conducts regular 

regulatory reviews to ensure that the Office 

of Pipeline Safety regulations keep up to date 

with new technologies and to be responsive 

to petitions, mandates, recommendations, 

and safety issues. When necessary, PHMSA’s 

Office of Pipeline Safety proposes 

amendments to provide relief to small 

businesses by clarifying and updating its 

regulations. Additionally, PHMSA’s Office of 

Pipeline Safety regularly incorporates 

voluntary consensus standards—which are 

reviewed by committees representing 

government, industry, and material 

manufacturers—as a part of its rulemaking 

activities. 

Year 6 (Fall 2024) List of Rules That Will Be 

Analyzed During the Next Year 

49 CFR part 174—CARRIAGE BY RAIL 

49 CFR part 177—CARRIAGE BY PUBLIC 

HIGHWAY 

49 CFR part 199—DRUG AND ALCOHOL 

TESTING 

Great Lakes Saint Lawrence Seaway 

Development Corporation 

Section 610 and Other Reviews 

Year Regulations to be reviewed Analysis year Review year 

1 ........................ * 33 CFR parts 401 through 403 .............................................................................................. 2018 2019 

* The review for these regulations is recurring each year of the 10-year review cycle (currently 2018 through 2027). 


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Year 1 (Fall 2018) List of Rules That Will Be 

Analyzed During the Next Year 

33 CFR part 401—Seaway Regulations and 

Rules 

33 CFR part 402—Tariff of Tolls 

33 CFR part 403—Rules of Procedure of the 

Joint Tolls Review Board 

OFFICE OF THE SECRETARY—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

396 .................... Refunding Airline Tickets Ancillary Service Fees ............................................................................................ 2105–AF04 

FEDERAL AVIATION ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

397 .................... Drug and Alcohol Testing of Certain Maintenance Provider Employees Located Outside of the United 

States.

2120–AK09 

398 .................... Requirements to File Notice of Construction of Meteorological Evaluation Towers and Other Renewable 

Energy Projects (Section 610 Review).

2120–AK77 

FEDERAL AVIATION ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

399 .................... Registration and Marking Requirements for Small Unmanned Aircraft .......................................................... 2120–AK82 

FEDERAL AVIATION ADMINISTRATION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

400 .................... Regulation Of Flight Operations Conducted By Alaska Guide Pilots .............................................................. 2120–AJ78 

401 .................... Applying the Flight, Duty, and Rest Requirements to Ferry Flights That Follow Commuter or On-Demand 

Operations (FAA Reauthorization).

2120–AK26 

402 .................... Aircraft Registration and Airmen Certification Fees ........................................................................................ 2120–AK37 

403 .................... Helicopter Air Ambulance Pilot Training and Operational Requirements (HAA II) (FAA Reauthorization) .... 2120–AK57 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

404 .................... Self-Insurance Program Cost Recovery (Section 610 Review) ..................................................................... 2126–AC58 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

United States.

2126–AA35 

FEDERAL RAILROAD ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

406 .................... Positive Train Control Systems (Section 610 Review) .................................................................................. 2130–AC95 

FEDERAL RAILROAD ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

407 .................... Train Crew Staffing .......................................................................................................................................... 2130–AC88 


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SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION—PRERULE STAGE

Sequence No. Title Regulation 

Identifier No. 

408 .................... Seaway Regulations and Rules: Periodic Update, Various Categories (Completion of a Section 610 Review).2135–AA55 

409 .................... Tariff of Tolls (Completion of a Section 610 Review) .................................................................................. 2135–AA56 

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

410 .................... Pipeline Safety: Gas Pipeline Leak Detection and Repair .............................................................................. 2137–AF51 

411 .................... Pipeline Safety: Pipeline Operational Status ................................................................................................... 2137–AF52 

412 .................... Pipeline Safety: Safety of Gas Distribution Pipelines and Other Pipeline Safety Initiatives ........................... 2137–AF53 

MARITIME ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

413 .................... Cargo Preference—U.S. Flag Vessels Regulatory Update (Section 610 Review) ....................................... 2133–AB97 

MARITIME ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

414 .................... Amendment to the Federal Ship Financing Program Regulations; Financial Requirements (Section 610 

Review).

2133–AB98 

415 .................... Establishing Safe and Secure Merchant Marine Training (Section 610 Review) .......................................... 2133–AB99 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Office of the Secretary (OST) 

Final Rule Stage 

396. Refunding Airline Tickets 

Ancillary Service Fees [2105–AF04] 

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

U.S.C. 40101, 49 U.S.C. 41702 

Abstract: The Department of 

Transportation has consistently 

interpreted 49 U.S.C. 41712, which 

prohibits U.S. air carriers, foreign air 

carriers, and ticket agents from engaging 

in unfair practices in the sale of air 

transportation, to require carriers and 

ticket agents to provide requested 

refunds to passengers when a carrier 

cancels or significantly changes a flight 

to, from, or within the United States. 

This rulemaking would clarify that, 

under the Department’s rule requiring 

airlines to provide prompt refunds 

when ticket refunds are due and its rule 

requiring ticket agents to make refunds 

promptly when service cannot be 

performed as contracted, carriers and 

ticket agents must provide prompt ticket 

refunds to passengers when a carrier 

cancels or makes a significant change to 

a flight. This rulemaking would define 

cancellation and significant change, 

including addressing whether new 

itineraries involving delays of a certain 

length or additional stops constitute a 

significant change requiring a refund. 

This rulemaking would also address 

protections for consumers who are 

unable to travel due to government 

restrictions. In addition, the rulemaking 

under RIN 2105–AE53 has been merged 

into this rulemaking. As such, this 

rulemaking would also require airlines 

to refund checked baggage fees when 

they fail to deliver the bags in a timely 

manner as provided by the FAA 

Extension, Safety and Security Act of 

2016, and require airlines to promptly 

provide a refund to a passenger of any 

ancillary fees paid for services that the 

passenger did not receive as provided 

by the FAA Reauthorization Act of 

2018. This rulemaking is informed by 

feedback received at four public 

meetings: three meetings of the Aviation 

Consumer Protection Advisory 

Committee on August 22, 2022, 

December 8, 2022, and January 12, 2023, 

and one public hearing on March 21, 

2023. The docket for this rule was also 

open to public comment submission for 

approximately 130 days. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/22/22 87 FR 51550 

Action Date FR Cite 

NPRM Comment 

Period End.

03/28/23 

Final Rule ............ 02/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Blane A. Workie, 

Assistant General Counsel, Department 

of Transportation, Office of the 

Secretary, 1200 New Jersey Avenue SE, 

Washington, DC 20590, Phone: 202 366– 

9342, Fax: 202 366–7153, Email: 

blane.workie@dot.gov. 

RIN: 2105–AF04 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Aviation Administration (FAA) 

Proposed Rule Stage 

397. Drug and Alcohol Testing of 

Certain Maintenance Provider 

Employees Located Outside of the 

United States [2120–AK09] 

Legal Authority: 14 CFR; 49 U.S.C. 

106(g); 49 U.S.C. 40113; 49 U.S.C. 

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

44707; 49 U.S.C. 44709; 49 U.S.C. 44717 

Abstract: This rulemaking would 

require controlled substance testing of 


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I 
9620 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / UA: Reg Flex Agenda 

some employees working in repair 

stations located outside the United 

States. The intended effect is to increase 

participation by companies outside of 

the United States in testing of 

employees who perform safety critical 

functions and testing standards similar 

to those used in the repair stations 

located in the United States. This 

rulemaking is a statutory mandate under 

section 308(d) of the FAA 

Modernization and Reform Act of 2012 

(Pub. L. 112–95). 

Timetable: 

Action Date FR Cite 

ANPRM ............... 03/17/14 79 FR 14621 

Comment Period 

Extended.

05/01/14 79 FR 24631 

ANPRM Comment 

Period End.

05/16/14 

Comment Period 

End.

07/17/14 

NPRM .................. 12/00/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Julia Brady, Program 

Analyst, Program Policy Branch, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591, Phone: 202 267–8083, Email: 

julia.brady@faa.gov. 

RIN: 2120–AK09 

398. Requirements To File Notice of 

Construction of Meteorological 

Evaluation Towers and Other 

Renewable Energy Projects (Section 610 

Review) [2120–AK77] 

Legal Authority: 49 U.S.C. 40103 

Abstract: This rulemaking would add 

specific requirements for proponents 

who wish to construct meteorological 

evaluation towers at a height of 50 feet 

above ground level (AGL) up to 200 feet 

AGL to file notice of construction with 

the FAA. This rule also requires 

sponsors of wind turbines to provide 

certain specific data when filing notice 

of construction with the FAA. This 

rulemaking is a statutory mandate under 

section 2110 of the FAA Extension, 

Safety, and Security Act of 2016 (Pub. 

L. 114–190). 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/00/24 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Juan Yanguas, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591, Phone: 202 267–1082, Email: 

juan.s.yanguas@faa.gov. 

RIN: 2120–AK77 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Aviation Administration (FAA) 

Final Rule Stage 

399. Registration and Marking 

Requirements for Small Unmanned 

Aircraft [2120–AK82] 

Legal Authority: 49 U.S.C. 106(f), 49 

U.S.C. 41703, 44101 to 44106, 44110 to 

44113, and 44701 

Abstract: This rulemaking would 

provide an alternative, streamlined and 

simple, web-based aircraft registration 

process for the registration of small, 

unmanned aircraft, including small 

unmanned aircraft operated exclusively 

for limited recreational operations, to 

facilitate compliance with the statutory 

requirement that all aircraft register 

prior to operation. It would also provide 

a simpler method for marking small, 

unmanned aircraft that is more 

appropriate for these aircraft. This 

action responds to public comments 

received regarding the proposed 

registration process in the Operation 

and Certification of Small Unmanned 

Aircraft notice of proposed rulemaking, 

the request for information regarding 

unmanned aircraft system registration, 

and the recommendations from the 

Unmanned Aircraft System Registration 

Task Force. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 12/16/15 80 FR 78593 

Interim Final Rule 

Effective.

12/21/15 

OMB Approval of 

Information Collection.

12/21/15 80 FR 79255 

Interim Final Rule 

Comment Period End.

01/15/16 

Final Rule ............ 02/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Bonnie Lefko, 

Department of Transportation, Federal 

Aviation Administration, 6500 S 

MacArthur Boulevard, Registry Building 

26, Room 118, Oklahoma City, OK 

73169, Phone: 866 762–9434, Email: 

bonnie.lefko@faa.gov. 

RIN: 2120–AK82 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Aviation Administration (FAA) 

Long-Term Actions 

400. Regulation of Flight Operations 

Conducted by Alaska Guide Pilots 

[2120–AJ78] 

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

U.S.C. 1153; 49 U.S.C. 1155; 49 U.S.C. 

40101 to 40103; 49 U.S.C. 40113; 49 

U.S.C. 40120; 49 U.S.C. 44101; 49 U.S.C. 

44105 to 44016; 49 U.S.C. 44111; 49 

U.S.C. 44701 to 44717; 49 U.S.C. 44722; 

49 U.S.C. 44901; 49 U.S.C. 44903 to 

44904; 49 U.S.C. 44906; 49 U.S.C. 

44912; 49 U.S.C. 44914; 49 U.S.C. 

44936; 49 U.S.C. 44938; 49 U.S.C. 

46103; 49 U.S.C. 46105; 49 U.S.C. 

46306; 49 U.S.C. 46315 to 46316; 49 

U.S.C. 46504; 49 U.S.C. 46506 to 46507; 

49 U.S.C. 47122; 49 U.S.C. 47508; 49 

U.S.C. 47528 to 47531; Articles 12 and 

29 of 61 Statue 1180; P.L. 106–181, Sec. 

732 

Abstract: The rulemaking would 

establish regulations concerning Alaska 

guide pilot operations. The rulemaking 

would implement Congressional 

legislation and establish additional 

safety requirements for the conduct of 

these operations. The intended effect of 

this rulemaking is to enhance the level 

of safety for persons and property 

transported in Alaska guide pilot 

operations. In addition, the rulemaking 

would add a general provision 

applicable to pilots operating under the 

general operating and flight rules 

concerning falsification, reproduction, 

and alteration of applications, logbooks, 

reports, or records. This rulemaking is a 

statutory mandate under section 732 of 

the Wendell H. Ford Aviation 

Investment and Reform Act for the 21st 

Century, (Pub. L. 106–181). 

Timetable: Next Action 

Undetermined. 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jeff Smith, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20785, Phone: 202 365–3617, Email: 

jeffrey.smith@faa.gov. 

RIN: 2120–AJ78 

401. Applying the Flight, Duty, and Rest 

Requirements to Ferry Flights That 

Follow Commuter or On-Demand 

Operations (FAA Reauthorization) 

[2120–AK26] 

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

U.S.C. 106(g); 49 U.S.C. 1153; 49 U.S.C. 

40101; 49 U.S.C. 40102; 49 U.S.C. 

40103; 49 U.S.C. 40113; 49 U.S.C. 

41706; 49 U.S.C. 44105; 49 U.S.C. 


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44106; 49 U.S.C. 44111; 49 U.S.C. 44701 

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

44901; 49 U.S.C. 44903; 49 U.S.C. 

44904; 49 U.S.C. 44906; 49 U.S.C. 

44912; 49 U.S.C. 44914; 49 U.S.C. 

44936; 49 U.S.C. 44938; 49 U.S.C. 45101 

to 45105; 49 U.S.C. 46103 

Abstract: This rulemaking would 

require a flightcrew member who is 

employed by an air carrier conducting 

operations under part 135, and who 

accepts an additional assignment for 

flying under part 91 from the air carrier 

or from any other air carrier conducting 

operations under part 121 or 135, to 

apply the period of the additional 

assignment toward any limitation 

applicable to the flightcrew member 

relating to duty periods or flight times 

under part 135. 

Timetable: Next Action 

Undetermined. 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Chester Piolunek, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591, Phone: 202 267–3711, Email: 

chester.piolunek@faa.gov. 

RIN: 2120–AK26 

402. Aircraft Registration and Airmen 

Certification Fees [2120–AK37] 

Legal Deadline: 31 U.S.C. 9701; 4 

U.S.C. 1830; 49 U.S.C. 106(f); 49 U.S.C. 

106(g); 49 U.S.C. 106(l)(6); 49 U.S.C. 

40104; 49 U.S.C. 40105; 49 U.S.C. 

40109; 49 U.S.C. 40113; 49 U.S.C. 

40114; 49 U.S.C. 44101 to 44108; 49 

U.S.C. 44110 to 44113; 49 U.S.C. 44701 

to 44704; 49 U.S.C. 44707; 49 U.S.C. 

44709 to 44711; 49 U.S.C. 44713; 49 

U.S.C. 45102; 49 U.S.C. 45103; 49 U.S.C. 

45301; 49 U.S.C. 45302; 49 U.S.C. 

45305; 49 U.S.C. 46104; 49 U.S.C. 

46301; Pub. L. 108–297, 118 Stat. 

Abstract: This rulemaking would 

establish fees for airman certificates, 

medical certificates, and provision of 

legal opinions pertaining to aircraft 

registration or recordation. This 

rulemaking also would revise existing 

fees for aircraft registration, recording of 

security interests in aircraft or aircraft 

parts, and replacement of an airman 

certificate. This rulemaking addresses 

provisions of the FAA Modernization 

and Reform Act of 2012. This 

rulemaking is intended to recover the 

estimated costs of the various services 

and activities for which fees would be 

established or revised. 

Timetable: 

Action Date FR Cite 

Next Action Undetermined.To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Isra Raza, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591, Phone: 202 267–8994, Email: 

isra.raza@faa.gov. 

RIN: 2120–AK37 

403. Helicopter Air Ambulance Pilot 

Training and Operational 

Requirements (HAA II) (FAA 

Reauthorization) [2120–AK57] 

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

U.S.C. 106(g); 49 U.S.C. 40113; 49 

U.S.C. 41706; 49 U.S.C. 44701; 49 U.S.C. 

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

44709; 49 U.S.C. 44711 to 44713; 49 

U.S.C. 44715 to 44717; 49 U.S.C. 44722; 

49 U.S.C. 44730; 49 U.S.C. 45101 to 

45105 

Abstract: This rulemaking would 

develop training requirements for crew 

resource management, flight risk 

evaluation, and operational control of 

the pilot in command, as well as to 

develop standards for the use of flight 

simulation training devices and lineoriented flight training. Additionally, it 

would establish requirements for the 

use of safety equipment for flight 

crewmembers and flight nurses. These 

changes will aide in the increase in 

aviation safety and increase 

survivability in the event of an accident. 

Without these changes, the Helicopter 

Air Ambulance industry may continue 

to see the unacceptable high rate of 

aircraft accidents. This rulemaking is a 

statutory mandate under section 306(e) 

of the FAA Modernization and Reform 

Act of 2012 (Pub. L. 112–95). 

Timetable: Next Action 

Undetermined. 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Chris Holliday, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591, Phone: 202 267–4552, Email: 

chris.holliday@faa.gov. 

RIN: 2120–AK57 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Motor Carrier Safety 

Administration (FMCSA) 

Proposed Rule Stage 

404. Self-Insurance Program Cost 

Recovery (Section 610 Review) [2126– 

AC58] 

Legal Authority: 31 U.S.C. 9701 and 

49 U.S.C. 13906(d); 49 U.S.C. 13908(d) 

Abstract: FMCSA will propose to 

amend fees collected for the processing 

of new self-insurance applications and 

add new fees for ongoing monitoring of 

carrier compliance with the selfinsurance program requirements. 

Application fees will be directed to 

FMCSA’s Licensing and Insurance (L&I) 

Account while monitoring fees must be 

sent to the Treasury. This rulemaking 

will amend 49 CFR 360.3T/360.3 to 

ensure that the limited number of 

primarily large motor carriers that 

benefit from the program bear a 

proportionate cost of participating in the 

program. FMCSA may also need to 

amend 49 CFR 360.5T/360.5 to reflect 

any specific updates to the user fee 

methodology that are required by this 

rulemaking. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/00/24 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Kenneth Riddle, 

Office Director, Department of 

Transportation, Federal Motor Carrier 

Safety Administration, 1200 New Jersey 

Avenue SE, W65–308, Washington, DC 

20590, Phone: 202 366–9616, Email: 

kenneth.riddle@dot.gov. 

RIN: 2126–AC58 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Motor Carrier Safety 

Administration (FMCSA) 

Long-Term Actions 

405. Safety Monitoring System and 

Compliance Initiative for MexicoDomiciled Motor Carriers Operating in 

the United States [2126–AA35] 

Legal Authority: Pub. L. 107–87, sec. 

350; 49 U.S.C. 113; 49 U.S.C. 31136; 49 

U.S.C. 31144; 49 U.S.C. 31502; 49 U.S.C. 

504; 49 U.S.C. 5113; 49 U.S.C. 

521(b)(5)(A) 

Abstract: This rule would implement 

a safety monitoring system and 

compliance initiative designed to 


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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 Mexicodomiciled 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. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/03/01 66 FR 22415 

NPRM Comment 

Period End.

07/02/01 

Interim Final Rule 03/19/02 67 FR 12758 

Interim Final Rule 

Comment Period End.

04/18/02 

Interim Final Rule 

Effective.

05/03/02 

Notice of Intent to 

Prepare an EIS.

08/26/03 68 FR 51322 

EIS Public 

Scoping Meetings.

10/08/03 68 FR 58162 

Next Action Undetermined.

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Crystal E. Williams, 

Department of Transportation, Federal 

Motor Carrier Safety Administration, 

1200 New Jersey Avenue SE, 

Washington, DC 20590, Phone: 202 366– 

0596, Email: crystal.williams@dot.gov. 

RIN: 2126–AA35 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Railroad Administration (FRA) 

Proposed Rule Stage 

406. • Positive Train Control Systems 

(Section 610 Review) [2130–AC95] 

Legal Authority: 49 U.S.C. 20157; 49 

U.S.C. 20103 

Abstract: This rulemaking will amend 

FRA’s PTC regulations—Title 49 Code 

of Federal Regulations (CFR) part 236, 

subpart I—to accomplish two objectives: 

(1) Improve FRA’s oversight of the 

performance of PTC technology by 

clarifying and expanding certain 

reporting requirements, and (2) provide 

a clear framework under which 

railroads may safely operate without 

PTC technology, subject to operating 

restrictions and other requirements, in 

certain necessary situations. 

FRA has found that its existing PTC 

regulations do not provide sufficient 

flexibility to railroads to continue 

operating following initialization 

failures or in cases where a PTC system 

needs to be temporarily disabled during 

repair, maintenance, infrastructure 

upgrades, or capital projects. Previously, 

FRA’s regulations provided railroads 

with flexibility that expired on 

December 31, 2022, and this rulemaking 

will reintroduce a certain flexibility 

regarding initialization failures, 

establish additional parameters and 

operating restrictions under which 

railroads may continue to operate safely, 

and codify an existing process for FRA’s 

approval of temporary PTC system 

outages related to repair, maintenance, 

infrastructure upgrades, and capital 

projects. 

In addition, this rulemaking will 

create a new exception to permit nonrevenue passenger trains to operate to 

yards or maintenance facilities, without 

being governed by PTC technology, 

under certain conditions. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/00/24 

Regulatory Flexibility Analysis 

Required: Undetermined. 

Agency Contact: Amanda Maizel, 

Attorney-Adviser, Department of 

Transportation, Federal Railroad 

Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590, 

Phone: 202 493–8014, Email: 

amanda.maizel@dot.gov. 

RIN: 2130–AC95 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Railroad Administration (FRA) 

Final Rule Stage 

407. Train Crew Staffing [2130–AC88] 

Legal Authority: 49 CFR 1.89(a); 49 

U.S.C. 20103 

Abstract: This rulemaking would 

address the potential safety impact of 

one-person train operations, including 

appropriate measures to mitigate an 

accident’s impact and severity, and the 

patchwork of State laws concerning 

minimum crew staffing requirements. 

This rulemaking would address the 

issue of minimum requirements for the 

size of train crews, depending on the 

type of operations. In an effort to 

encourage public participation, FRA 

extended the comment period from 60 

to 146 days and held a public hearing 

on December 14, 2022. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/28/22 87 FR 45564 

NPRM Comment 

Period End.

12/21/22 

Final Rule ............ 03/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Amanda Maizel, 

Attorney-Adviser, Department of 

Transportation, Federal Railroad 

Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590, 

Phone: 202 493–8014, Email: 

amanda.maizel@dot.gov. 

RIN: 2130–AC88 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Saint Lawrence Seaway Development 

Corporation (SLSDC) 

Prerule Stage 

408. • Seaway Regulations and Rules: 

Periodic Update, Various Categories 

(Completion of a Section 610 Review) 

[2135–AA55] 

Legal Authority: 33 U.S.C. 981 et seq. 

Abstract: The Great Lakes St. 

Lawrence Seaway Development 

Corporation (GLS) and the St. Lawrence 

Seaway Management Corporation 

(SLSMC) of Canada, under international 

agreement, jointly publish and presently 

administer the St. Lawrence Seaway 

Regulations and Rules (Practices and 

Procedures in Canada) in their 

respective jurisdictions. Under 

agreement with the SLSMC, the GLS is 


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amending the joint regulations by 

updating the Regulations and Rules in 

various categories. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 02/00/24 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Carrie Lynn Lavigne, 

Chief Counsel, Department of 

Transportation, Saint Lawrence Seaway 

Development Corporation, Great Lakes 

Street, Lawrence Seaway Development 

Corporation (GLS), 1200 New Jersey 

Avenue SW, Washington, DC 20590, 

Phone: 315 764–3231, Email: 

carrie.lavigne@dot.gov. 

RIN: 2135–AA55 

409. • Tariff of Tolls (Completion of a 

Section 610 Review) [2135–AA56] 

Legal Authority: 33 U.S.C. 918 et seq. 

Abstract: The Great Lakes St. 

Lawrence Seaway Development 

Corporation (GLS) and the St. Lawrence 

Seaway Management Corporation 

(SLSMC) of Canada, under international 

agreement, jointly publish and presently 

administer the St. Lawrence Seaway 

Tariff of Tolls in their respective 

jurisdictions. The Tariff sets forth the 

level of tolls assessed on all 

commodities and vessels transiting the 

facilities operated by the GLS and the 

SLSMC. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 02/00/24 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Carrie Lynn Lavigne, 

Chief Counsel, Department of 

Transportation, Saint Lawrence Seaway 

Development Corporation, Great Lakes 

Street, Lawrence Seaway Development 

Corporation (GLS), 1200 New Jersey 

Avenue SW, Washington, DC 20590, 

Phone: 315 764–3231, Email: 

carrie.lavigne@dot.gov. 

RIN: 2135–AA56 

BILLING CODE 4910–61–P 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Pipeline and Hazardous Materials 

Safety Administration (PHMSA) 

Proposed Rule Stage 

410. Pipeline Safety: Gas Pipeline Leak 

Detection and Repair [2137–AF51] 

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

seq. 

Abstract: This rulemaking would 

amend the pipeline safety regulations to 

enhance requirements for detecting and 

repairing leaks on new and existing 

natural gas distribution, gas 

transmission, and gas gathering 

pipelines. The proposed rule is 

necessary to respond to a mandate from 

section 113 of the Protecting our 

Infrastructure of Pipelines and 

Enhancing Safety Act of 2020. PHMSA 

hosted a public meeting covering gas 

pipeline leak detection and repair on 

May 5 and May 6, 2021, and has 

scheduled a Gas Pipeline Advisory 

Committee meeting to discuss the 

NPRM for November 27 through 

December 1, 2023. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/18/23 88 FR 31890 

NPRM Comment 

Period End.

08/16/23 

Analyzing Comments.11/00/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Sayler Palabrica, 

Department of Transportation, Pipeline 

and Hazardous Materials Safety 

Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590, 

Phone: 202 366–0559, Email: 

sayler.palabrica@dot.gov. 

RIN: 2137–AF51 

411. Pipeline Safety: Pipeline 

Operational Status [2137–AF52] 

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

seq. 

Abstract: This rulemaking would 

amend the pipeline safety regulations to 

define an idled operational status for 

natural gas and hazardous liquid 

pipelines that are temporarily removed 

from service, set operations and 

maintenance requirements for idled 

pipelines, and establish inspection 

requirements for idled pipelines that are 

returned to service. The proposed rule 

is necessary to respond to a mandate 

from the Protecting our Infrastructure of 

Pipelines and Enhancing Safety Act of 

2020. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Anna Setzer, 

Transportation Specialist, Department 

of Transportation, Pipeline and 

Hazardous Materials Safety 

Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590, 

Phone: 202 366–4098, Email: 

anna.setzer@dot.gov. 

RIN: 2137–AF52 

412. Pipeline Safety: Safety of Gas 

Distribution Pipelines and Other 

Pipeline Safety Initiatives [2137–AF53] 

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

seq. 

Abstract: This rulemaking would 

amend the pipeline safety regulations to 

enhance the safety requirements for gas 

distribution pipelines. The proposed 

rule is necessary to respond to several 

mandates from title II of the Protecting 

our Infrastructure of Pipelines and 

Enhancing Safety Act of 2020 (PIPES 

Act of 2020). 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/07/23 88 FR 61746 

NPRM Comment 

Period End.

11/06/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Ashlin Bollacker, 

Transportation Specialist, Department 

of Transportation, Pipeline and 

Hazardous Materials Safety 

Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590, 

Phone: 202 366–4203, Email: 

ashlin.bollacker@dot.gov. 

RIN: 2137–AF53 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Maritime Administration (MARAD) 

Proposed Rule Stage 

413. Cargo Preference—U.S. Flag 

Vessels Regulatory Update (Section 610 

Review) [2133–AB97] 

Legal Authority: FY23 NDAA, Pub. L. 

117–263; 46 U.S.C. 55305; 49 CFR 

1.93(a) 

Abstract: The purpose of this 

rulemaking is to respond to a statutory 

directive in section 3502 of the National 

Defense Authorization Act for Fiscal 

Year 2023 (FY23 NDAA) requiring 


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MARAD to issue a final rule to 

implement and enforce the cargo 

preference requirements in 46 U.S.C. 

55305(d). 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/24 

Regulatory Flexibility Analysis 

Required: Undetermined. 

Agency Contact: Thomas Mitchell 

Hudson, Department of Transportation, 

Maritime Administration, 1200 New 

Jersey Avenue SE, Washington, DC 

20590, Phone: 202 366–9373, Email: 

mitch.hudson@dot.gov. 

RIN: 2133–AB97 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Maritime Administration (MARAD) 

Final Rule Stage 

414. Amendment to the Federal Ship 

Financing Program Regulations; 

Financial Requirements (Section 610 

Review) [2133–AB98] 

Legal Authority: National Defense 

Authorization Act for Fiscal Year 2020, 

Pub. L. 116–92; 46 U.S.C. ch. 537; 49 

CFR 1.93(a) 

Abstract: The proposed rule is 

intended to update the lending 

parameters in the current regulations, 

which no longer best achieve the 

intended purpose of minimizing the risk 

of Title XI Program defaults, and to 

better align the lending practices to 

reflect Federal credit and maritime 

lending best practices. MARAD expects 

that the proposed regulations will 

reduce the economic burden on 

applicants in complying with Title XI 

Program requirements that are 

inconsistent with other lending 

instruments. MARAD also expects that 

the updated lending parameters could 

encourage the construction of vessels in 

United States shipyards which 

otherwise would not meet the current 

constrained Title XI Program financial 

requirements. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/25/23 88 FR 24962 

NPRM Comment 

Period End.

06/26/23 

Final Rule ............ 12/00/23 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Mitch Hudson, 

Attorney, Department of Transportation, 

Maritime Administration, 1200 New 

Jersey Avenue SE, Washington, DC 

20590, Phone: 202 366–9373, Email: 

mitch.hudson@dot.gov. 

RIN: 2133–AB98 

415. Establishing Safe and Secure 

Merchant Marine Training (Section 610 

Review) [2133–AB99] 

Legal Authority: FY23 NDAA, Pub. L. 

117–263; 46 U.S.C. ch. 513; 49 CFR 

1.93(a) 

Abstract: The purpose of this 

regulation is to improve the safety and 

efficiency of the United States merchant 

marine through the prevention of, and 

response to, sexual harassment, dating 

violence, domestic violence, and sexual 

assault onboard vessels on which 

merchant marine cadets are embarked 

for training purposes. 

Timetable: 

Action Date FR Cite 

Final Action ......... 01/00/24 

Regulatory Flexibility Analysis 

Required: Undetermined. 

Agency Contact: Thomas Mitchell 

Hudson, Department of Transportation, 

Maritime Administration, 1200 New 

Jersey Avenue SE, Washington, DC 

20590, Phone: 202 366–9373, Email: 

mitch.hudson@dot.gov. 

RIN: 2133–AB99 

[FR Doc. 2024–00449 Filed 2–8–24; 8:45 am] 

BILLING CODE 4910–81–P 


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