### 1190 Federal Register / Vol. 79, No. 4 / Tuesday, January 7, 2014 / Unified 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** 
**[OST Docket 99–5129]**

**Department Regulatory Agenda; Semiannual Summary** 

**AGENCY :**  Office of the Secretary, DOT.

**ACTION :**  Semiannual regulatory agenda.

**SUMMARY :**  The Regulatory Agenda is a semiannual summary of all current and projected rulemakings, reviews of existing regulations, and completed actions of the Department. The intent of the Agenda is to provide the public with information about the Department of Transportation’s regulatory activity planned for the next 12 months. It is expected that this information will enable the public to be more aware of and allow it to more effectively participate in the Department’s regulatory activity. The public is also invited to submit comments on any aspect of this Agenda.

**FOR FURTHER INFORMATION CONTACT :** 
General

You should direct all comments and inquiries on the Agenda in general to Kathryn Sinniger, Assistant General Counsel for Regulation and Enforcement, Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590; (202) 366–4723. Specific

You should direct all comments and inquiries on particular items in the Agenda to the individual listed for the regulation or the general rulemaking contact person for the operating administration in appendix B. Individuals who use a telecommunications device for the deaf (TDD) may call (202) 755–7687.

Table of Contents
Supplementary Information:

Background Significant/Priority Rulemakings Explanation of Information on the Agenda Request for Comments Purpose Appendix A—Instructions for Obtaining

Copies of Regulatory Documents Appendix B—General Rulemaking Contact

Persons Appendix C—Public Rulemaking Dockets Appendix D—Review Plans for Section 610

and Other Requirements

**SUPPLEMENTARY INFORMATION :**  Background

Improvement of our regulations is a prime goal of the Department of Transportation (Department or DOT). Our regulations should be clear, simple, timely, fair, reasonable, and necessary. They should not be issued without appropriate involvement of the public; once issued, they should be periodically reviewed and revised, as needed, to assure that they continue to meet the needs for which they originally were designed. To view additional information about the Department of Transportation’s regulatory activities online, go to http://www.dot.gov/ regulations . Among other things, this Web site provides a report, updated monthly, on the status of the DOT significant rulemakings listed in the semiannual regulatory agenda.

To help the Department achieve these goals and in accordance with Executive Order (EO) 12866, ‘‘Regulatory Planning and Review,’’ (58 FR 51735; Oct. 4, 1993) and the Department’s Regulatory Policies and Procedures (44 FR 11034; Feb. 26, 1979), the Department prepares a semiannual regulatory agenda. It summarizes all current and projected rulemaking, reviews of existing regulations, and completed actions of the Department. These are matters on which action has begun or is projected during the succeeding 12 months or such longer period as may be anticipated or for which action has been completed since the last Agenda.

The Agendas are based on reports submitted by the offices initiating the rulemaking and are reviewed by the Department Regulations Council.

The Internet is the basic means for disseminating the Unified Agenda. The complete Unified Agenda is available online at www.reginfo.gov, in a format that offers users a greatly enhanced ability to obtain information from the Agenda database.

Because publication in the Federal Register is mandated for the regulatory flexibility agendas required by the Regulatory Flexibility Act (5 U.S.C. 602), DOT’s printed Agenda entries include only:

1. The agency’s Agenda preamble; 2. Rules that are in the agency’s regulatory flexibility agenda, in accordance with the Regulatory Flexibility Act, because they are likely to have a significant economic impact on a substantial number of small entities; and

3. Any rules that the agency has identified for periodic review under section 610 of the Regulatory Flexibility Act.

Printing of these entries is limited to fields that contain information required by the Regulatory Flexibility Act’s Agenda requirements. These elements are: Sequence Number; Title; Section 610 Review, if applicable; Legal Authority; Abstract; Timetable; Regulatory Flexibility Analysis Required; Agency Contact; and Regulation Identifier Number (RIN). Additional information (for detailed list see section heading ‘‘Explanation of Information on the Agenda’’) on these entries is available in the Unified Agenda published on the Internet. Significant/Priority Rulemakings

The Agenda covers all rules and regulations of the Department. We have classified rules as a DOT agency priority in the Agenda if they are, essentially, very costly, beneficial, controversial, or of substantial public interest under our Regulatory Policies and Procedures. All DOT agency priority rulemaking documents are subject to review by the Secretary of Transportation. If the Office of Management and Budget (OMB) decides a rule is subject to its review under Executive Order 12866, we have classified it as significant in the Agenda. Explanation of Information on the Agenda

An Office of Management and Budget memorandum, dated August 7, 2013, requires the format for this Agenda.

First, the Agenda is divided by initiating offices. Then, the Agenda is divided into five categories: (1) Prerule stage, (2) proposed rule stage, (3) final rule stage, (4) long-term actions, and (5) completed actions. For each entry, the Agenda provides the following information: (1) Its ‘‘significance’’; (2) a short, descriptive title; (3) its legal basis; (4) the related regulatory citation in the Code of Federal Regulations; (5) any legal deadline and, if so, for what action (e.g., NPRM, final rule); (6) an abstract; (7) a timetable, including the earliest expected date for a decision on whether to take the action; (8) whether the rulemaking will affect small entities and/or levels of Government and, if so, which categories; (9) whether a Regulatory Flexibility Act (RFA) analysis is required (for rules that would have a significant economic impact on a substantial number of small entities); (10) a listing of any analyses an office


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will prepare or has prepared for the action (with minor exceptions, DOT requires an economic analysis for all its rulemakings); (11) an agency contact office or official who can provide further information; (12) a Regulation Identifier Number (RIN) assigned to identify an individual rulemaking in the Agenda and facilitate tracing further action on the issue; (13) whether the action is subject to the Unfunded Mandates Reform Act; (14) whether the action is subject to the Energy Act; and (15) whether the action is major under the congressional review provisions of the Small Business Regulatory Enforcement Fairness Act. If there is information that does not fit in the other categories, it will be included under a separate heading entitled ‘‘Additional Information.’’ One such example of this is the letters ‘‘SB,’’ ‘‘IC,’’ ‘‘SLT.’’ These refer to information used as part of our required reports on Retrospective Review of DOT rulemakings. A ‘‘Y’’ or an ‘‘N,’’ for yes and no, respectively, follow the letters to indicate whether or not a particular rulemaking would have effects on: small businesses (SB); information collections (IC); or State, local, or tribal (SLT) governments.

For nonsignificant regulations issued routinely and frequently as a part of an established body of technical requirements (such as the Federal Aviation Administration’s Airspace Rules), to keep those requirements operationally current, we only include the general category of the regulations, the identity of a contact office or official, and an indication of the expected number of regulations; we do not list individual regulations.

In the ‘‘Timetable’’ column, we use abbreviations to indicate the particular documents being considered. ANPRM stands for Advance Notice of Proposed Rulemaking, SNPRM for Supplemental Notice of Proposed Rulemaking, and NPRM for Notice of Proposed Rulemaking. Listing a future date in this column does not mean we have made a decision to issue a document; it is the earliest date on which we expect to make a decision on whether to issue it. In addition, these dates are based on current schedules. Information received subsequent to the issuance of this Agenda could result in a decision not to take regulatory action or in changes to proposed publication dates. For example, the need for further evaluation could result in a later publication date; evidence of a greater need for the regulation could result in an earlier publication date.

Finally, a dot ( • ) preceding an entry indicates that the entry appears in the Agenda for the first time. Request for Comments

General

Our agenda is intended primarily for the use of the public. Since its inception, we have made modifications and refinements that we believe provide the public with more helpful information, as well as make the Agenda easier to use. We would like you, the public, to make suggestions or comments on how the Agenda could be further improved.

Reviews

We also seek your suggestions on which of our existing regulations you believe need to be reviewed to determine whether they should be revised or revoked. We particularly draw your attention to the Department’s review plan in appendix D. In response to Executive Order 13563 ‘‘Retrospective Review and Analysis of Existing Rules,’’ we have prepared a retrospective review plan providing more detail on the process we use to conduct reviews of existing rules, including changes in response to Executive Order 13563. We provided the public opportunities to comment at www.regulations.gov and Idea Scale on both our process and any existing DOT rules the public thought needed review. The plan and the results of our review can be found at http://www.dot.gov/ regulations and http://www.dot.gov/ mission/open/open-government

. Regulatory Flexibility Act

The Department is especially interested in obtaining information on requirements that have a ‘‘significant economic impact on a substantial number of small entities’’ and, therefore, must be reviewed under the Regulatory Flexibility Act. If you have any suggested regulations, please submit them to us, along with your explanation of why they should be reviewed.

In accordance with the Regulatory Flexibility Act, comments are specifically invited on regulations that we have targeted for review under section 610 of the Act. The phrase (sec. 610 Review) appears at the end of the title for these reviews. Please see appendix D for the Department’s section 610 review plans.
Consultation With State, Local, and Tribal Governments

Executive Orders 13132 and 13175 require us to develop an accountable process to ensure ‘‘meaningful and timely input’’ by State, local, and tribal officials in the development of regulatory policies that have federalism or tribal implications. These policies are defined in the Executive Orders to include regulations that have ‘‘substantial direct effects’’ on States or Indian tribes, on the relationship between the Federal Government and them, or on the distribution of power and responsibilities between the Federal Government and various levels of Government or Indian tribes. Therefore, we encourage State and local Governments or Indian tribes to provide us with information about how the Department’s rulemakings impact them.
Purpose

The Department is publishing this regulatory Agenda in the Federal Register to share with interested members of the public the Department’s preliminary expectations regarding its future regulatory actions. This should enable the public to be more aware of the Department’s regulatory activity and should result in more effective public participation. This publication in the Federal Register does not impose any binding obligation on the Department or any of the offices within the Department with regard to any specific item on the Agenda. Regulatory action, in addition to the items listed, is not precluded.

Dated: September 4, 2013. Anthony Foxx, Secretary of Transportation. Appendix A—Instructions for Obtaining Copies of Regulatory Documents

To obtain a copy of a specific regulatory document in the Agenda, you should communicate directly with the contact person listed with the regulation at the address below. We note that most, if not all, such documents, including the Semiannual Regulatory Agenda, are available through the Internet at http:// www.regulations.gov. See appendix C for more information.

(Name of contact person), (Name of the DOT agency), 1200 New Jersey Avenue SE., Washington, DC 20590. (For the Federal Aviation Administration, substitute the following address: Office of Rulemaking, ARM–1, 800 Independence Avenue SW., Washington, DC 20591). Appendix B—General Rulemaking Contact Persons

The following is a list of persons who can be contacted within the Department for general information concerning the rulemaking process within the various operating administrations. FAA—Mark Bury, Chief Counsel,

International Law, Legislation and Regulations Division, 800 Independence Avenue SW., Room


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915A, Washington, DC 20591; telephone (202) 267–3110. FHWA—Jennifer Outhouse, Office of

Chief Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366–0761. FMCSA—Steven J. LaFreniere,

Regulatory Ombudsman, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366–0596. NHTSA—Steve Wood, Office of Chief

Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366–2992. FRA—Kathryn Shelton, Office of Chief

Counsel, 1200 New Jersey Avenue SE., Room W31–214, Washington, DC 20590; telephone (202) 493–6063. FTA—Richard Wong, Office of Chief

Counsel, 1200 New Jersey Avenue SE., Room E56–308, Washington, DC 20590; telephone (202) 366–0675. SLSDC—Carrie Mann Lavigne, Chief

Counsel, 180 Andrews Street, Massena, NY 13662; telephone (315)
764–3200. PHMSA—Patricia Burke, Office of Chief

Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366–4400. MARAD—Christine Gurland, Office of

Chief Counsel, Maritime Administration, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366–5157. RITA—Robert Monniere, Office of Chief

Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366–5498. OST—Kathryn Sinniger, Office of

Regulation and Enforcement, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366–4723. Appendix C—Public Rulemaking Dockets

All comments via the Internet are submitted through the Federal Docket Management System (FDMS) at the following address: http:// www.regulations.gov. The FDMS allows the public to search, view, download, and comment on all Federal agency rulemaking documents in one central online system. The above referenced Internet address also allows the public to sign up to receive notification when certain documents are placed in the dockets.

The public also may review regulatory dockets at, or deliver comments on proposed rulemakings to, the Dockets Office at 1200 New Jersey Avenue SE., Room W12–140, Washington, DC 20590, 1–800–647–5527. Working Hours: 9–5. Appendix D—Review Plans for Section 610 and Other Requirements
Part I—The Plan

General

The Department of Transportation has long recognized the importance of regularly reviewing its existing regulations to determine whether they need to be revised or revoked. Our 1979 Regulatory Policies and Procedures require such reviews. We also have responsibilities under Executive Order 12866, ‘‘Regulatory Planning and Review,’’ and section 610 of the Regulatory Flexibility Act to conduct such reviews. This includes the use of plain language techniques in new rules and considering its use in existing rules when we have the opportunity and resources to permit its use. We are committed to continuing our reviews of existing rules and, if needed, will initiate rulemaking actions based on these reviews.

In accordance with Executive Order 13563, ‘‘Improving Regulation and Regulatory Review,’’ issued by the President on January 18, 2011, the Department has added other elements to its review plan. The Department has decided to improve its plan by adding special oversight processes within the Department; encouraging effective and timely reviews, including providing additional guidance on particular problems that warrant review; and expanding opportunities for public participation. These new actions are in addition to the other steps described in this appendix.

Section 610 Review Plan

Section 610 requires that we conduct reviews of rules that: (1) Have been published within the last 10 years, and (2) have a ‘‘significant economic impact on a substantial number of small entities’’ (SEIOSNOSE). It also requires that we publish in the Federal Register each year a list of any such rules that we will review during the next year. The Office of the Secretary and each of the Department’s Operating Administrations have a 10-year review plan. These reviews comply with section 610 of the Regulatory Flexibility Act. Changes to the Review Plan

Some reviews may be conducted earlier than scheduled. For example, to the extent resources permit, the plain language reviews will be conducted more quickly. Other events, such as accidents, may result in the need to conduct earlier reviews of some rules. Other factors may also result in the need to make changes; for example, we may make changes in response to public comment on this plan or in response to a presidentially-mandated review. If there is any change to the review plan, we will note the change in the following Agenda. For any section 610 review, we will provide the required notice prior to the review.

Part II—The Review Process The Analysis

Generally, the agencies have divided their rules into 10 different groups and plan to analyze one group each year. For purposes of these reviews, a year will coincide with the fall-to-fall schedule for publication of the Agenda. Thus, Year 1 (2008) begins in the fall of 2008 and ends in the fall of 2009; Year 2 (2009) begins in the fall of 2009 and ends in the fall of 2010, and so on. We request public comment on the timing of the reviews. For example, is there a reason for scheduling an analysis and review for a particular rule earlier than we have? Any comments concerning the plan or particular analyses should be submitted to the regulatory contacts listed in Appendix B, General Rulemaking Contact Persons.

Section 610 Review

The agency will analyze each of the rules in a given year’s group to determine whether any rule has a SEIOSNOSE and, thus, requires review in accordance with section 610 of the Regulatory Flexibility Act. The level of analysis will, of course, depend on the nature of the rule and its applicability. Publication of agencies’ section 610 analyses listed each fall in this Agenda provides the public with notice and an opportunity to comment consistent with the requirements of the Regulatory Flexibility Act. We request that public comments be submitted to us early in the analysis year concerning the small entity impact of the rules to help us in making our determinations.

In each fall Agenda, the agency will publish the results of the analyses it has completed during the previous year. For rules that had a negative finding on SEIOSNOSE, we will give a short explanation (e.g., ‘‘these rules only establish petition processes that have no cost impact’’ or ‘‘these rules do not apply to any small entities’’). For parts, subparts, or other discrete sections of rules that do have a SEIOSNOSE, we will announce that we will be conducting a formal section 610 review during the following 12 months. At this stage, we will add an entry to the Agenda in the prerulemaking section describing the review in more detail. We also will seek public comment on how


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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 is 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 and 14 CFR parts 200 through 212 .............................. 2008 2009 2 ........................ 48 CFR parts 1201 through 1253 and new parts and subparts .................................. 2009 2010 3 ........................ 14 CFR parts 213 through 232 ..........................................................................

.......... 2010 2011 4 ........................ 14 CFR parts 234 through 254 ..........................................................................

.......... 2011 2012 5 ........................ 14 CFR parts 255 through 298 and 49 CFR part 40 ................................................... 20122013 6 ........................ 14 CFR parts 300 through 373 ..........................................................................

.......... 2013 2014 7 ........................ 14 CFR parts 374 through 398 ..........................................................................

.......... 2014 2015 8 ........................ 14 CFR part 399 and 49 CFR parts 1 through 11 ....................................................... 20 15 2016 9 ........................ 49 CFR parts 17 through 28 ............................................................................

............ 2016 2017 10 ...................... 49 CFR parts 29 through 39 and parts 41 through 89 ................................................ 2017 2018

Year 1 (Fall 2008) List of Rules With Ongoing Analysis 49 CFR part 91—International Air Transportation Fair Competitive Practices 49 CFR part 92—Recovering Debts to the United States by Salary Offset 49 CFR part 98—Enforcement of Restrictions on Post-Employment Activities 49 CFR part 99—Employee Responsibilities and Conduct 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 3 (Fall 2010) List of Rules With Ongoing Analysis 14 CFR part 213—Terms, Conditions, and Limitations of Foreign Air Carrier Permits 14 CFR part 214—Terms, Conditions, and Limitations of Foreign Air Carrier Permits Authorizing Charter Transportation Only 14 CFR part 215—Use and Change of Names of Air Carriers, Foreign Air Carriers, and Commuter Air Carriers 14 CFR part 216—Comingling of Blind Sector Traffic by Foreign Air Carriers 14 CFR part 217—Reporting Traffic Statistics by Foreign Air Carriers in Civilian Scheduled, Charter, and Nonscheduled Services 14 CFR part 218—Lease by Foreign Air Carrier or Other Foreign Person of Aircraft With Crew 14 CFR part 221—Tariffs 14 CFR part 222—Intermodal Cargo Services by Foreign Air Carriers14 CFR part 223—Free and ReducedRate Transportation 14 CFR part 232—Transportation of Mail, Review of Orders of Postmaster General
Year 4 (Fall 2011) List of Rules With Ongoing Analysis 14 CFR part 240—Inspection of Accounts and Property 14 CFR part 241—Uniform System of Accounts and Reports for Large Certificated Air Carriers 14 CFR part 243—Passenger Manifest Information14 CFR part 247—Direct Airport-toAirport Mileage Records 14 CFR part 248—Submission of Audit Reports 14 CFR part 249—Preservation of Air Carrier Records Year 5 (Fall 2012) List of Rules With Ongoing Analysis 14 CFR part 255—Airline Computer Reservations Systems 14 CFR part 256—[Reserved] 14 CFR part 271—Guidelines for Subsidizing Air Carriers Providing Essential Air Transportation 14 CFR part 272—Essential Air Service to the Freely Associated States 14 CFR part 291—Cargo Operations in Interstate Air Transportation 14 CFR part 292—International Cargo Transportation 14 CFR part 293—International Passenger Transportation 14 CFR part 294—Canadian Charter Air Taxi Operators 14 CFR part 296—Indirect Air Transportation of Property 14 CFR part 297—Foreign Air Freight Forwarders and Foreign Cooperative Shippers Associations 14 CFR part 298—Exemptions for Air Taxi and Commuter Air Carrier Operations
Year 6 (2013) List of Rules That Will Be Analyzed During the Next Year 14 CFR part 300—Rules of Conduct in Dot Proceedings Under This Chapter 14 CFR part 302—Rules of Practice in Proceedings 14 CFR part 303—Review of Air Carrier Agreements 14 CFR part 305—Rules of Practice in Informal Nonpublic Investigations 14 CFR part 313—Implementation of the Energy Policy and Conservation Act


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14 CFR part 323—Terminations, Suspensions, and Reductions of Service 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 Review Plan

The FAA has elected to use the twostep, two-year process used by most 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 percent block of the regulations will be analyzed to identify those with a SEIOSNOSE. During the second year (the ‘‘ review year’’), each rule identified in the analysis year as having a SEIONOSE 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.

Year Regulations to be reviewed Analysis year Review year

1 ........................ 14 CFR parts 119 through 129 and parts 150 through 156 ........................................ 2008 200 9 2 ........................ 14 CFR parts 133 through 139 and parts 157 through 169 ........................................ 2009 201 0 3 ........................ 14 CFR parts 141 through 147 and parts 170 through 187 ........................................ 2010 201 1 4 ........................ 14 CFR parts 189 through 198 and parts 1 through 16 .............................................. 2011 2012 5 ........................ 14 CFR parts 17 through 33 ............................................................................

............ 2012 2013 6 ........................ 14 CFR parts 34 through 39 and parts 400 through 405 ............................................ 2013 2 014 7 ........................ 14 CFR parts 43 through 49 and parts 406 through 415 ............................................ 2014 2 015 8 ........................ 14 CFR parts 60 through 77 ............................................................................

............ 2015 2016 9 ........................ 14 CFR parts 91 through 105 ...........................................................................

........... 2016 2017 10 ...................... 14 CFR parts 417 through 460 ...........................................................................

......... 2017 2018

Year 6 (2013) 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 found no SEISNOSE.

• General: No changes are needed.

These regulations are cost effective and impose the least burden. FAA’s plain language review of these rules indicates no need for substantial revision. 14 CFR Part 35—Airworthiness Standards: Propellers

• Section 610: The agency 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. FAA’s plain language review of these rules indicates no need for substantial revision. 14 CFR Part 36—Noise Standards: Aircraft Type and Airworthiness Certification

• Section 610: The agency 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. FAA’s plain language review of these rules indicates no need for substantial revision. 14 CFR Part 39—Airworthiness Directives

• Section 610: No amendments to the

codified text of this part were promulgated during the period of review, thus there is no SEISNOSE.

• General: No changes are needed. 14 CFR Part 400—Basis and Scope

• Section 610: The agency 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. FAA’s plain language review of these rules indicates no need for substantial revision. 14 CFR Part 401—Organization and Definitions

• Section 610: The agency 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. FAA’s plain language review of these rules indicates no need for substantial revision. 14 CFR Part 404—Regulations and Licensing Requirements

• Section 610: The agency 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. FAA’s plain language review of these rules indicates no need for substantial revision. 14 CFR Part 405—Investigations and Enforcement

• Section 610: The agency 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. FAA’s plain language review of these rules indicates no need for substantial revision.
Year 7 (2014) List of Rules That Will Be Analyzed During the Next Year 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 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 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 ..................................................................................................

........................... 2008 2009 2 ........................ 23 CFR parts 1 to 260 .................................................................................

................ 2009 2010 3 ........................ 23 CFR parts 420 to 470 ...............................................................................

.............. 2010 2011 4 ........................ 23 CFR part 500 .......................................................................................

.................... 2011 2012 5 ........................ 23 CFR parts 620 to 637 ...............................................................................

.............. 2012 2013


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Year Regulations to be reviewed Analysis year Review year

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

.............. 2013 2014 7 ........................ 23 CFR parts 710 to 924 ...............................................................................

.............. 2014 2015 8 ........................ 23 CFR parts 940 to 973 ...............................................................................

.............. 2015 2016 9 ........................ 23 CFR parts 1200 to 1252 .............................................................................

............ 2016 2017 10 ...................... New parts and subparts .................................................................................

.............. 2017 2018

Federal-Aid Highway Program

The FHWA has adopted regulations in title 23 of the CFR, chapter I, related to the Federal-Aid 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. section 145 of title 23 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 the 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 2012) List of Rules Analyzed and a Summary of Results 23 CFR part 620—Engineering

• Section 610: No SEIOSNOSE. No

small entities are affected.

• General: No changes are needed.

These regulations are cost effective and impose the least burden. FHWA’s plain language review of these rules indicates no need for substantial revision. 23 CFR part 625—Design Standards for Highways

• Section 610: No SEIOSNOSE. No

small entities are affected.

• General: These regulations are cost

effective and impose the least burden. FHWA’s plain language review of these rules indicates no need for substantial revision. The FHWA will update Section 625.4 (Standards, Policies, and Standard Specifications) to reflect the most current information. 23 CFR part 626—Pavement Policy

• Section 610: No SEIOSNOSE. No small entities are affected.

• General: No changes are needed.

These regulations are cost effective and impose the least burden. FHWA’s plain language review of these rules indicates no need for substantial revision. 23 CFR part 627—Value Engineering

• Section 610: No SEIOSNOSE. No

small entities are affected.

• General: These regulations are cost

effective and impose the least burden. FHWA’s plain language review of these rules indicates no need for substantial revision. These regulations are being updated to incorporate changes made to this part by MAP–21. 23 CFR part 630—Preconstruction Procedures

• Section 610: No SEIOSNOSE. No

small entities are affected.

• General: No changes are needed.

These regulations are cost effective and impose the least burden. FHWA’s plain language review of these rules indicates no need for substantial revision. 23 CFR part 633—Required Contract Provisions

• Section 610: No SEIOSNOSE. No

small entities are affected.

• General: No changes are needed.

These regulations are cost effective and impose the least burden. FHWA’s plain language review of these rules indicates no need for substantial revision. 23 CFR part 635—Construction and Maintenance

• Section 610: No SEIOSNOSE. No

small entities are affected.

• General: No changes are needed.

These regulations are cost effective and impose the least burden. FHWA’s plain language review of these rules indicates no need for substantial revision. 23 CFR part 636—Design-Build Contracting

• Section 610: No SEIOSNOSE. No

small entities are affected.

• General: These regulations are cost

effective and impose the least burden. FHWA’s plain language review of these rules indicates no need for substantial revision. These regulations are being updated at 23 CFR 636.209 to allow proposers to submit technical and price proposals based on their preapproved alternative technical concepts without submitting a base proposal to encourage a wider use of alternative technical concepts in design-build project delivery. 23 CFR part 637—Construction Inspection and Approval

• Section 610: No SEIOSNOSE. No

small entities are affected.

• General: No changes are needed.

These regulations are cost effective and impose the least burden. FHWA’s plain language review of these rules indicates no need for substantial revision.
Year 6 (Fall 2013) 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 652—Pedestrian and bicycle accommodations and projects 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—[Reserved] 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 372, subpart A ............................................................................

............. 2008 2009 2 ........................ 49 CFR part 386 .......................................................................................

.................... 2009 2010 3 ........................ 49 CFR parts 325 and 390 (General) ....................................................................

...... 2010 2011


### 1196 Federal Register / Vol. 79, No. 4 / Tuesday, January 7, 2014 / Unified Agenda

Year Regulations to be reviewed Analysis year Review year

4 ........................ 49 CFR parts 390 (Small Passenger—Carrying Vehicles), 391 to 393 and 396 to 399. 2011 2012

5 ........................ 49 CFR part 387 .......................................................................................

.................... 2012 2013 6 ........................ 49 CFR parts 356, 367, 369 to 371, 372 (subparts B and C) ..................................... 2013 201 4 7 ........................ 49 CFR parts 373, 374, 376, and 379 ...................................................................

...... 2014 2015 8 ........................ 49 CFR parts 360, 365, 366, and 368 ...................................................................

...... 2015 2016 9 ........................ 49 CFR parts 377, 378 .................................................................................

................ 2016 2017 10 ...................... 49 CFR part 395 ........................................................................................ ................... 2017 2018

Year 3 (Fall 2010) List of Rules With Ongoing Analysis 49 CFR part 325—Compliance with Interstate Motor Carrier Noise Emission 49 CFR part 390—Federal Motor Carrier Safety Regulations, General
Year 4 (Fall 2011) List of Rules with Ongoing Analysis 49 CFR part 390—Definition of Commercial Motor Vehicle (CMV)— Requirements for Operators of Small Passenger-Carrying CMVs.

• This rule was moved up from Year

4 as a result of the Department’s Retrospective Regulatory Review. 49 CFR part 391—Driver Qualifications 49 CFR part 392—Driving of Commercial Motor Vehicles 49 CFR part 393—Parts and Accessories Necessary for Safe Operation 49 CFR part 396—Inspection, Repair and Maintenance of Commercial Motor Vehicles 49 CFR part 397—Transportation of Hazardous Materials; Driving and Parking Rules 49 CFR part 398—Transportation of Migrant Workers 49 CFR part 399—Employee Safety and Health Standards
Year 5 (Fall 2012) List of Rule(s) With Ongoing Analysis
49 CFR part 387—Minimum Levels of Financial Responsibility for Motor Carriers Year 6 (Fall 2013) List of Rule(s) That Will Be Analyzed This Year 49 CFR part 356—Motor Carrier Routing Regulations 49 CFR part 367—Standards for Registration with States 49 CFR part 369—Reports of Motor Carriers 49 CFR part 370—Principles and Practices for the investigation and voluntary disposition of loss and damage claims and processing salvage 49 CFR part 371—Brokers of Property 49 CFR part 372 (subparts B and C)— Exemptions, Commercial Zones and Terminal Areas National Highway Traffic Safety Administration

Section 610 and Other Reviews

Year Regulations to be reviewed Analysis year Review year

1 ........................ 49 CFR parts 571.223 through 571.500, and parts 575 and 579 ............................... 2008 2009 2 ........................ 23 CFR parts 1200 through 1300 ........................................................................

........ 2009 2010 3 ........................ 49 CFR parts 501 through 526 and 571.213 ..............................................................

. 2010 2011 4 ........................ 49 CFR parts 571.131, 571.217, 571.220, 571.221, and 571.222 .............................. 2011 2012 5 ........................ 49 CFR parts 571.101 through 571.110, and 571.135, 571.138, and 571.139 .......... 2012 2013 6 ........................ 49 CFR parts 529 through 578, except parts 571 and 575 ......................................... 2013 20 14 7 ........................ 49 CFR parts 571.111 through 571.129 and parts 580 through 588 .......................... 2014 2015 8 ........................ 49 CFR parts 571.201 through 571.212 ..................................................................

.... 2015 2016 9 ........................ 49 CFR parts 571.214 through 571.219, except 571.217 ........................................... 2016 20 17 10 ...................... 49 CFR parts 591 through 595 and new parts and subparts ...................................... 2017 2018

Year 5 (Fall 2012) List of Rules Analyzed and a Summary of the Results 49 CFR part 571.101—Controls and Displays

• Section 610: There is no

SEIOSNOSE.

• General: No changes are needed.

These regulations are cost effective and impose the least burden. NHTSA’s plain language review of these rules indicates no need for substantial revision. 49 CFR part 571.102—Transmission Shift Position Sequence, Starter Interlock, and Transmission Braking Effect

• Section 610: There is no

SEIOSNOSE.

• General: No changes are needed.

These regulations are cost effective and impose the least burden. NHTSA’s plain language review of these rules indicates no need for substantial revision. 49 CFR part 571.103—Windshield Defrosting and Defogging Systems

• Section 610: There is no

SEIOSNOSE.

• General: No changes are needed.

These regulations are cost effective and impose the least burden. NHTSA’s plain language review of these rules indicates no need for substantial revision. 49 CFR part 571.104—Windshield Wiping and Washing Systems

• Section 610: There is no

SEIOSNOSE.

• General: No changes are needed.

These regulations are cost effective and impose the least burden. NHTSA’s plain language review of these rules indicates no need for substantial revision. 49 CFR part 571.105—Hydraulic and Electric Brake Systems

• Section 610: There is no

SEIOSNOSE.

• General: No changes are needed.

These regulations are cost effective and impose the least burden. NHTSA’s plain language review of these rules indicates no need for substantial revision. 49 CFR part 571.106—Brake Hoses

• Section 610: There is no

SEIOSNOSE.

• General: No changes are needed.

These regulations are cost effective and impose the least burden. NHTSA’s plain language review of these rules indicates no need for substantial revision.


### 1197 Federal Register / Vol. 79, No. 4 / Tuesday, January 7, 2014 / Unified Agenda

49 CFR part 571.108—Lamps, Reflective Devices, and Associated Equipment

• Section 610: There is no

SEIOSNOSE.

• General: No changes are needed.

These regulations are cost effective and impose the least burden. NHTSA’s plain language review of these rules indicates no need for substantial revision. 49 CFR part 571.109—New Pneumatic and Certain Specialty Tires

• Section 610: There is no

SEIOSNOSE.

• General: No changes are needed.

These regulations are cost effective and impose the least burden. NHTSA’s plain language review of these rules indicates no need for substantial revision. 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

• Section 610: There is no

SEIOSNOSE.

• General: No changes are needed.

These regulations are cost effective and impose the least burden. NHTSA’s plain language review of these rules indicates no need for substantial revision. 49 CFR part 571.135—Light Vehicle Brake Systems

• Section 610: There is no

SEIOSNOSE.

• General: No changes are needed.

These regulations are cost effective and impose the least burden. NHTSA’s plain language review of these rules indicates no need for substantial revision. 49 CFR part 571.138—Tire Pressure Monitoring Systems

• Section 610: There is no

SEIOSNOSE.

• General: No changes are needed.

These regulations are cost effective and impose the least burden. NHTSA’s plain language review of these rules indicates no need for substantial revision. 49 CFR part 571.139—New Pneumatic Radial Tires for Light Vehicles

• Section 610: There is no

SEIOSNOSE.

• General: No changes are needed.

These regulations are cost effective and impose the least burden. NHTSA’s plain language review of these rules indicates no need for substantial revision.
Year 6 (Fall 2013) List of Rules That Will Be Analyzed During the Next Year 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 Relationships49 CFR part 535— Medium- and HeavyDuty 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—New Pneumatic and Certain Specialty Tires 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 544—Insurer Reporting Requirements 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 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 576—Record Retention 49 CFR part 577—Defect and Noncompliance Notification 49 CFR part 578—Civil and Criminal Penalties

Federal Railroad Administration

Section 610 and Other Reviews

Year Regulations to be reviewed Analysis year Review year

1 ........................ 49 CFR parts 200 and 201 ..............................................................................

............ 2008 2009 2 ........................ 49 CFR parts 207, 209, 211, 215, 238, and 256 ......................................................... 2009 2010 3 ........................ 49 CFR parts 210, 212, 214, 217, and 268 ..............................................................

... 2010 2011 4 ........................ 49 CFR part 219 .......................................................................................

.................... 2011 2012 5 ........................ 49 CFR parts 218, 221, 241, and 244 ...................................................................

...... 2012 2013 6 ........................ 49 CFR parts 216, 228, and 229 ........................................................................

......... 2013 2014 7 ........................ 49 CFR parts 223 and 233 ..............................................................................

............ 2014 2015 8 ........................ 49 CFR parts 224, 225, 231, and 234 ...................................................................

...... 2015 2016 9 ........................ 49 CFR parts 222, 227, 235, 236, 250, 260, and 266 ................................................ 20162017 10 ...................... 49 CFR parts 213, 220, 230, 232, 239, 240, and 265 ................................................ 2017 2018


### 1198 Federal Register / Vol. 79, No. 4 / Tuesday, January 7, 2014 / Unified Agenda

Year 5 (Fall 2012) List of Rules Analyzed and a Summary of Results 49 CFR part 218—Railroad Operating Practices

• Section 610: There is no

SEIOSNOSE.

• General: The rule prescribes

minimum requirements for railroad operating rules and practices. No changes are needed. FRA’s plain language review of this rule indicates no need for substantial revision. 49 CFR part 221—Rear End Marking Device—Passenger, Commuter, and Freight Trains

• Section 610: There is no

SEIOSNOSE.

• General: Since the rule prescribes

minimum requirements for railroads to equip the rear car of passenger, commuter and freight trains with highly visible markers it will provide safety and security not only for railroad employees but also for the general public. No changes are needed. FRA’s plain language review of this rule indicates no need for substantial revision. 49 CFR part 241—United States Locational Requirement for Dispatching of United States Rail Operations

• Section 610: There is no

SEIOSNOSE.

• General: No changes are needed.

These regulations are cost effective and impose the least burden. FRA’s plain language review of this rule indicates no need for substantial revision. 49 CFR part 244—Regulations on Safety Integration Plans Governing Railroad Consolidations, Mergers and Acquisitions of Control • Section 610: There is no SEIOSNOSE.

• General: No changes are needed.

FRA’s plain language review of this rule indicates no need for substantial revision.
Year 6 (Fall 2013) List of Rule(s) That Will Be Analyzed During Next Year
49 CFR part 216—Special Notice and Emergency Order Procedures: Railroad Track, Locomotive, and Equipment 49 CFR part 228—Hours of Service of Railroad Employees; Recordkeeping and Reporting; Sleeping Quarters 49 CFR part 229—Railroad Locomotive Safety Standards

Federal Transit Administration

Section 610 and Other Reviews

Year Regulations to be reviewed Analysis year Review year

1 ........................ 49 CFR parts 604, 605, and 633 ........................................................................

......... 2008 2009 2 ........................ 49 CFR parts 661 and 665 ..............................................................................

............ 2009 2010 3 ........................ 49 CFR part 633 .......................................................................................

.................... 2010 2011 4 ........................ 49 CFR parts 609 and 611 ..............................................................................

............ 2011 2012 5 ........................ 49 CFR parts 613 and 614 ..............................................................................

............ 2012 2013 6 ........................ 49 CFR part 622 .......................................................................................

.................... 2013 2014 7 ........................ 49 CFR part 630 .......................................................................................

.................... 2014 2015 8 ........................ 49 CFR part 639 .......................................................................................

.................... 2015 2016 9 ........................ 49 CFR parts 659 and 663 ..............................................................................

............ 2016 2017 10 ...................... 49 CFR part 665 ........................................................................................ ................... 2017 2018

Year 4 (Fall 2011) List of Rules Analyzed and Summary of Results 49 CFR part 609—Transportation for Elderly and Handicapped Persons

• Section 610: The agency has

determined that the rule does not have a significant effect on a substantial number of small entities.

• General: This rule was promulgated

to enact the statutory requirements of sections 49 U.S.C. 5307(d) and 5308(b) to establish requirements for determining the maximum fare for the transportation of elderly persons and persons with disabilities during a public transportation’s period of off-peak hours. Recently, Congress enacted the Moving Ahead for Progress in the 21st Century Act (MAP–21), Public Law 112–141, (2012). The underlying purpose for the rule was unchanged by Map§21; however, the reference to maximum fares in section 5308(b) was repealed long ago and MAP–21 amended 49 U.S.C. section 5307. Therefore, in Fiscal Year 2014, FTA plans to issue a rulemaking to implement technical corrections to the authority and applicability sections of 49 CFR part 609. 49 CFR part 611—Major Capital Investment Projects

• Section 610: The agency has

determined that the rule does not have a significant effect on a substantial number of small entities. FTA recently revised the rule and evaluated the likely effects of the final rule on small entities and requested public comment during the rulemaking process. FTA determined that the rule does not have a significant economic impact on a substantial number of small entities because small entities do not generally undertake the development of major capital projects. There were no public comments submitted on this issue during the rulemaking process.

• General: FTA revised part 611 via a

final rule in January 2013, in order to implement recent MAP–21 amendments to 49 U.S.C. section 5309 ( see 78 Fed. Reg. 1992). The ‘‘New Starts’’ and ‘‘Small Starts’’ programs authorized by section 5309 are FTA’s primary capital funding programs for new or extended transit systems. Part 611 of the Code of Federal Regulations outlines the process by which FTA rates and evaluates grants proposals for these programs. With the revised rule, FTA has significantly streamlined its evaluation process for both programs.
Year 5 (Fall 2012) List of Rule(s) Analyzed and Summary of Results 49 CFR part 613—Planning Assistance and Standards

• Section 610: The Agency has

determined that the rule does not have a significant effect on a substantial number of small entities because it is only applicable to States and metropolitan planning organizations which are not included in the definition of small entity as set forth in 5 U.S.C. 601.

• General: The rule was promulgated

to govern the development of metropolitan transportation plans and programs for urbanized areas, State transportation plans and programs, and the congestion management process. Recently, Congress amended the planning statutes when it enacted the Moving Ahead for Progress in the 21st Century Act (MAP–21), Public Law


### 1199 Federal Register / Vol. 79, No. 4 / Tuesday, January 7, 2014 / Unified Agenda

112–141, (2012). In Fiscal Year 2014, FTA will undertake a joint notice of proposed rulemaking with FHWA in order to revise the regulations consistent with current statutory requirements. In doing so, FHWA and FTA will propose establishing a performance-based approach to transportation decisionmaking. 49 CFR part 614—Transportation Infrastructure Management • Section 610: The Agency has determined that the rule does not have a significant effect on a substantial number of small entities as it only cross-references 23 CFR part 500, a FHWA regulation which is applicable to States.

• General: No changes are needed at

this time. However, FTA will continue to work with FHWA to assess whether or not technology will warrant revisions to the regulation.

Year 6: List of Rules That Will Be Analyzed During the Next Year
49 CFR part 622—Environmental Impact and Related Procedures

Maritime Administration

Section 610 and Other Reviews

Year Regulations to be reviewed Analysis year Review year

1 ........................ 46 CFR parts 201 through 205 ..........................................................................

.......... 2008 2009 2 ........................ 46 CFR parts 221 through 232 ..........................................................................

.......... 2009 2010 3 ........................ 46 CFR parts 249 through 296 ..........................................................................

.......... 2010 2011 4 ........................ 46 CFR parts 221, 298, 308, and 309 ...................................................................

...... 2011 2012 5 ........................ 46 CFR parts 307 through 309 ..........................................................................

.......... 2012 2013 6 ........................ 46 CFR part 310 .......................................................................................

.................... 2013 2014 7 ........................ 46 CFR parts 315 through 340 ..........................................................................

.......... 2014 2015 8 ........................ 46 CFR parts 345 through 381 ..........................................................................

.......... 2015 2016 9 ........................ 46 CFR parts 382 through 389 ..........................................................................

.......... 2016 2017 10 ...................... 46 CFR parts 390 through 393 ...........................................................................

......... 2017 2018

Year 4 (Fall 2011) List of Rules With Ongoing Analysis 46 CFR part 381—Cargo Preference— U.S.-Flag Vessels 46 CFR part 383—Cargo Preference— Compromise, Assessment, Mitigation, Settlement & Collection of Civil Penalties 46 CFR part 221—Foreign Transfer Regulations 46 CFR part 249—Approval of Underwriters for Marine Hull Insurance 46 CFR part 272—Requirements and Procedures for Conducting Condition Surveys and Administering Maintenance and Repair Subsidy 46 CFR part 287—Establishment of Construction Reserve Funds 46 CFR part 295—Maritime Security Program (MSP) 46 CFR part 296—Maritime Security Program (MSP)
Year 5 (2012) List of Rules With Ongoing Analysis 46 CFR part 307—Mandatory Position Report System for Vessels 46 CFR part 308—War Risk Insurance 46 CFR part 309—War Risk Ship Valuation
Year 6 (2013) List of Rules That Will Be Analyzed During the Next Year
46 CFR part 310—Merchant Marine Training Pipeline and Hazardous Materials Safety Administration (PHMSA)

Section 610 and Other Reviews

Year Regulations to be reviewed Analysis year Review year

1 ........................ 49 CFR part 178 .......................................................................................

.................... 2008 2009 2 ........................ 49 CFR parts 178 through 180 ..........................................................................

.......... 2009 2010 3 ........................ 49 CFR parts 172 and 175 ..............................................................................

............ 2010 2011 4 ........................ 49 CFR part 171, sections 171.15 and 171.16 ........................................................... . 2011 2012 5 ........................ 49 CFR parts 106, 107, 171, 190, and 195 ..............................................................

... 2012 2013 6 ........................ 49 CFR parts 174, 177, 191, and 192 ...................................................................

...... 2013 2014 7 ........................ 49 CFR parts 176 and 199 ..............................................................................

............ 2014 2015 8 ........................ 49 CFR parts 172 through 178 ..........................................................................

.......... 2015 2016 9 ........................ 49 CFR parts 172, 173, 174, 176, 177, and 193 ......................................................... 2016 2017 10 ...................... 49 CFR parts 173 and 194 ...............................................................................

........... 2017 2018

Year 5 (Fall 2012) List of Rules Analyzed and a Summary of Results 49 CFR part 106—Rulemaking Procedures; 49 CFR part 107—Hazardous Materials Program Procedures; and 49 CFR part 171—General Information, Regulations, and Definitions

• Section 610: There is no

SEIOSNOSE. On May 9, 2013 (78 FR 27169) PHMSA published the intent to review and analyze regulations in its Unified Agenda and Regulatory Plan to identify requirements which may have a significant impact on a substantial number of small entities. Specifically, PHMSA provided an initial review and requested comments on the impact of the rules in 49 CFR parts 106, 107, and 171 on small businesses. In addition, PHMSA asked the following questions of small businesses: 1. How and to what degree these rules affect you;

2. Any complaints or comments you may have concerning the covered rules;

3. The complexity of the covered rules;

4. The extent to which the rules overlap, duplicate or conflict with other Federal rules, and to the extent feasible, with State and local Government rules; and


### 1200 Federal Register / Vol. 79, No. 4 / Tuesday, January 7, 2014 / Unified Agenda

5. The extent of the economic impact on you and why you believe the economic impact is significant.’’

Two comments were received in response to the notice (notice and comments are available for review at: http://www.regulations.gov; under Docket No. PHMSA–2013–0027). The comments did not directly relate to the rules under review or the impacts those rules on small businesses. Based on PHMSA’s initial review of these rules and evaluation of the comments received, the Agency has determined that the rules do not have a significant effect on a substantial number of small entities.

• General: No changes are needed.

These regulations are cost effective and impose the least burden. PHMSA’s plain language review of this rule indicates no need for substantial revision. 49 CFR part 190—Pipeline Safety Programs and Rulemaking Procedures

• Section 610: There is no

SEIOSNOSE. Based on regulated entities, PHMSA found that the majority of operators are not small businesses. Therefore, though some small entities may be affected the economic impact on small entities will not be significant.

• General: No changes are needed.

These regulations are cost effective and impose the least burden. PHMSA’s plain language review indicates no need for substantial revision. 49 CFR part 195—Transportation of Hazardous Liquids by Pipeline

• Section 610: There is no

SEIOSNOSE. Based on regulated entities, PHMSA found that the majority of operators are not small businesses. Therefore, though some small entities may be affected the economic impact on small entities will not be significant.

• General: No changes are needed.

These regulations are cost effective and impose the least burden. PHMSA’s plain language review indicates no need for substantial revision.
Year 6 (Fall 2013) 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 191—Transportation of Natural and Other Gas by Pipeline; Annual Reports, Incident Reports, and Safety Related Condition Reports 49 CFR part 192— Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards Research and Innovative Technology Administration (RITA)

Section 610 and Other Reviews

Year Regulations to be reviewed Analysis year Review year

1 ........................ 14 CFR part 241, form 41 ..............................................................................

.............. 2008 2009 2 ........................ 14 CFR part 241, schedule T–100, and part 217 ........................................................ 2 009 2010 3 ........................ 14 CFR part 298 .......................................................................................

.................... 2010 2011 4 ........................ 14 CFR part 241, section 19–7 .........................................................................

........... 2011 2012 5 ........................ 14 CFR part 291 .......................................................................................

.................... 2012 2013 6 ........................ 14 CFR part 234 .......................................................................................

.................... 2013 2014 7 ........................ 14 CFR part 249 .......................................................................................

.................... 2014 2015 8 ........................ 14 CFR part 248 .......................................................................................

.................... 2015 2016 9 ........................ 14 CFR part 250 .......................................................................................

.................... 2016 2017 10 ...................... 14 CFR part 374a, ICAO .................................................................................

............. 2017 2018

Year 1 (Fall 2008) List of Rules With Ongoing Analysis 14 CFR part 241—Uniform System of Accounts and Reports for Large Certificated Air Carriers, Form 41
Year 3 (Fall 2010) List of Rules With Ongoing Analysis 14 CFR part 298, subpart f—Exemptions for Air Taxi and Commuter Air Carrier Operations—Reporting Requirements Year 4 (Fall 2011) List of Rules With Ongoing Analysis
14 CFR part 241, section 19–7— Passenger Origin-Destination Survey
Year 5 (Fall 2012) List of Rules With Ongoing Analysis
14 CFR part 291—Cargo Operations in Interstate Air Transportation Year 6 (Fall 2013) List of Rules That Will Be Analyzed During the Next Year

14 CFR Part 234—Airline Service Quality Performance Reports 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 ..........................................................................

.......... 2008 2009

Year 1 (Fall 2008) List of Rules With Ongoing Analysis 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


### 1201 Federal Register / Vol. 79, No. 4 / Tuesday, January 7, 2014 / Unified Agenda

O FFICE OF THE 

### S ECRETARY

### —P ROPOSED 

### R ULE 

### STAGE

Sequence No. Title Regulation Identifier No.

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

+ DOT-designated significant regulation.



### O FFICE OF THE 

### S ECRETARY

### —C OMPLETED 

### ACTIONS

Sequence No. Title Regulation Identifier No.

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

+ DOT-designated significant regulation.



### F EDERAL 

### AVIATION 

### A DMINISTRATION

### —P ROPOSED 

### R ULE 

### S TAGE

Sequence No. Title Regulation Identifier No.

360 .................... + Operation and Certification of Small Unmanned Aircraft Systems (sUAS) .................................. ................ 2120–AJ60 361 .................... + Flight Crewmember Mentoring, Leadership, and Professional Development (H.R. 5900) ...................... .... 2120–AJ87 362 .................... + Flight Simulation Training Device (FSTD) Qualification Standards for Extended Envelope and Adverse Weather Event Training. 2120–AK08

+ DOT-designated significant regulation.



### F EDERAL 

### AVIATION 

### A DMINISTRATION

### —F INAL 

### R ULE 

### STAGE

Sequence No. Title Regulation Identifier No.

363 .................... + Safety Management Systems for Part 121 Certificate Holders **(Section 610 Review) (Reg Plan Seq No. 104)** 

. 2120–AJ86

+ DOT-designated significant regulation. References in boldface appear in The Regulatory Plan in part II of this issue of the **Federal Register**

.


### F EDERAL 

### AVIATION 

### A DMINISTRATION

### —LONG 

### -T ERM 

### ACTIONS

Sequence No. Title Regulation Identifier No.

364 .................... + Air Carrier Maintenance Training Program **(Section 610 Review)** .............................................................. 2120–AJ79

+ DOT-designated significant regulation.



### F EDERAL 

### AVIATION 

### A DMINISTRATION

### —C OMPLETED 

### ACTIONS

Sequence No. Title Regulation Identifier No.

365 .................... + Pilot Certification and Qualification Requirements (Formerly First Officer Qualification Requirements) (H.R. 5900). 2120–AJ67

+ DOT-designated significant regulation.



### F EDERAL 

### M OTOR 

### CARRIER 

### S AFETY 

### A DMINISTRATION

### —P ROPOSED 

### R ULE 

### STAGE

Sequence No. Title Regulation Identifier No.

366 .................... + Carrier Safety Fitness Determination **(Reg Plan Seq No. 108)** ................................................................... 2126–AB11 367 .................... + Commercial Driver’s License Drug and Alcohol Clearinghouse (MAP–21) **(Reg Plan Seq No. 109)** ........ 2126–AB18 368 .................... + Electronic Logging Devices and Hours of Service Supporting Documents (MAP–21) **(Reg Plan Seq No. 110)** 

. 2126–AB20

369 .................... + Lease and Interchange of Vehicles; Motor Carriers of Passengers ........................................ ..................... 2126–AB44 370 .................... + Inspection, Repair, and Maintenance; Driver-Vehicle Inspection Report (RRR) ............................ .............. 2126–AB46

+ DOT-designated significant regulation. References in boldface appear in The Regulatory Plan in part II of this issue of the **Federal Register**

.


### 1202 Federal Register / Vol. 79, No. 4 / Tuesday, January 7, 2014 / Unified Agenda

F EDERAL 

### M OTOR 

### CARRIER 

### SAFETY 

### A DMINISTRATION

### —C OMPLETED 

### ACTIONS

Sequence No. Title Regulation Identifier No.

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

+ DOT-designated significant regulation.



### F EDERAL 

### RAILROAD 

### A DMINISTRATION

### —P ROPOSED 

### R ULE 

### STAGE

Sequence No. Title Regulation Identifier No.

372 .................... + Alcohol and Controlled Substance Testing for Maintenance-of-Way Employees .............................. .......... 2130–AC10 373 .................... + Risk Reduction Program ................................................................................. .............................................. 2130–AC11 374 .................... + Passenger Equipment Safety Standards; Standards for Alternative Compliance and High-Speed Trainsets. 2130–AC46

+ DOT-designated significant regulation.



### F EDERAL 

### RAILROAD 

### A DMINISTRATION

### —F INAL 

### R ULE 

### S TAGE

Sequence No. Title Regulation Identifier No.

375 .................... + Training Standards for Railroad Employees .............................................................. ................................... 2130–AC06

+ DOT-designated significant regulation.



### P IPELINE AND 

### H AZARDOUS 

### M ATERIALS 

### S AFETY 

### A DMINISTRATION

### —P ROPOSED 

### R ULE 

### STAGE

Sequence No. Title Regulation Identifier No.

376 .................... + Pipeline Safety: Safety of On-Shore Liquid Hazardous Pipelines **(Reg Plan Seq No. 118)** ....................... 2137–AE66 377 .................... Pipeline Safety: Issues related to the use of Plastic Pipe in Gas Pipeline Industry ..................... .................. 2137–AE93 378 .................... Pipeline Safety: Operator Qualification, Cost Recovery and other Pipeline Safety Proposed Changes (RRR). 2137–AE94

+ DOT-designated significant regulation. References in boldface appear in The Regulatory Plan in part II of this issue of the **Federal Register**

.


### P IPELINE AND 

### H AZARDOUS 

### M ATERIALS 

### SAFETY 

### A DMINISTRATION

### —F INAL 

### R ULE 

### STAGE

Sequence No. Title Regulation Identifier No.

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

+ DOT-designated significant regulation.



### M ARITIME 

### A DMINISTRATION

### —LONG 

### -T ERM 

### ACTIONS

Sequence No. Title Regulation Identifier No.

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

+ DOT-designated significant regulation.

**DEPARTMENT OF TRANSPORTATION (DOT)**  Office of the Secretary (OST) Proposed Rule Stage 358. + Enhancing Airline Passenger Protections III

Legal Authority: 49 U.S.C. 41712; 49 U.S.C. 40101;49 U.S.C. 41702

Abstract: This rulemaking would address the following issues: (1) Whether the Department should require a marketing carrier to provide assistance to its code-share partner when a flight operated by the code-share partner experiences a lengthy tarmac delay; (2) whether the Department should enhance disclosure requirements on code-share operations, including requiring on-time performance data, reporting of certain data code-share operations, and codifying the statutory amendment of 49 U.S.C. 41712(c) regarding Web site schedule disclosure of code-share operations; (3) whetherthe Department should expand the ontime performance ‘‘reporting carrier’’ pool to include smaller carriers; (4) whether the Department should require travel agents to adopt minimum customer service standards in relation to the sale of air transportation; (5) whether the Department should require ticket agents to disclose the carriers whose tickets they sell or do not sell and information regarding any incentive


### 1203 Federal Register / Vol. 79, No. 4 / Tuesday, January 7, 2014 / Unified Agenda

payments they receive in connection with the sale of air transportation; (6) whether the Department should require ticket agents to disclose any preferential display of individual fares or carriers in the ticket agent  ́s internet displays; (7) whether the Department should require additional or special disclosures regarding certain substantial fees, e.g., oversize or overweight baggage fees; (8) whether the Department should prohibit post-purchase price increase for all services and products not purchased with the ticket or whether it is sufficient to prohibit post-purchase prices increases for baggage charges that traditionally have been included in the ticket price; and (9) whether the Department should require that ancillary fees be displayed through all sale channels.

Timetable:

Action Date FR Cite

NPRM .................. 12/00/13

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Blane A Workie, Attorney, Department of Transportation, Office of the Secretary, 1200 New Jersey Ave. SE., Washington, DC 20590, Phone: 202 366–9342, TDD Phone: 202 755– 7687, Fax: 202 366–7152, Email: blane.workie@ost.dot.gov.

RIN: 2105–AE11

**DEPARTMENT OF TRANSPORTATION (DOT)**  Office of the Secretary (OST) Completed Actions 359. + Use of the Seat-Strapping Method for Carrying a Wheelchair on an Aircraft

Legal Authority: 49 U.S.C. 41705 Abstract: This rulemaking would address whether carriers should be allowed to utilize the seat-strapping method to stow a passenger  ́s wheelchair in the aircraft cabin.

Timetable:

Action Date FR Cite

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

Period End. 08/02/11

Final Rule ............ 11/12/13 78 FR 67918Final Action Effective. 01/13/14

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Blane A Workie, Attorney, Department of Transportation, Office of the Secretary, 1200 New Jersey Ave. SE., Washington, DC 20590, Phone: 202 366–9342, TDD Phone: 202 755– 7687, Fax: 202 366–7152, Email: blane.workie@ost.dot.gov.

RIN: 2105–AD87

**BILLING CODE 4910–9X–P**

**DEPARTMENT OF TRANSPORTATION (DOT)** 
Federal Aviation Administration (FAA) Proposed Rule Stage 360. + Operation and Certification of Small Unmanned Aircraft Systems (SUAS)

Legal Authority: 49 U.S.C. 44701; Pub. L. 112–95

Abstract: This rulemaking would adopt specific rules for the operation of small unmanned aircraft systems (sUAS) in the national airspace system. These changes would address the classification of small unmanned aircraft, certification of their pilots and visual observers, registration, approval of operations, and operational limits in order to increase the safety and efficiency of the national airspace system. The rulemaking would result in regular collection of safety data from the user community and aid the FAA in assessing effectiveness of regulations to expand sUAS access to the national airspace system.

Timetable:

Action Date FR Cite

NPRM .................. 05/00/14

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Stephen A Glowacki, Department of Transportation, Federal Aviation Administration, 800 Independence Ave. SW., Washington, DC 20591, Phone: 202–385–4898, Email: stephen.a.glowacki@faa.gov

.

RIN: 2120–AJ60 361. + Flight Crewmember Mentoring, Leadership, and Professional Development (HR 5900)

Legal Authority: 49 U.S.C. 44701(a)(5); Pub. L. 111–216, sec 206

Abstract: This rulemaking would amend the regulations for air carrier training programs under part 121. The action is necessary to ensure that air carriers establish or modify training programs that address mentoring, leadership, and professional development of flight crewmembers in part 121 operations. The amendments are intended to contribute significantly to airline safety by reducing aviation accidents and respond to the mandate in Public Law 111–216.

Timetable:

Action Date FR Cite

NPRM .................. 12/00/13

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Deke Abbott, Department of Transportation, Federal Aviation Administration, 800 Independence Ave. SW., Washington, DC 20591, Phone: 202 267–8266, Email: deke.abbott@faa.gov

.

RIN: 2120–AJ87 362. + Flight Simulation Training Device (FSTD) Qualification Standards for Extended Envelope and Adverse Weather Event Training

Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 40113; 49 U.S.C. 44701; Pub. L.
111–216

Abstract: This rulemaking would amend evaluation qualifications for simulators to ensure the simulators are technically capable of performing new flight training tasks as identified in the Airline Safety and Federal Aviation Administration Extension Act of 2010 (Pub. L. 111–216) and that are included in a separate rulemaking (2120–AJ00). By ensuring the simulators provide an accurate and realistic simulation, this rulemaking would allow for training on the following tasks: (1) Full/ aerodynamic stall, and (2) upset recognition and recovery, as identified in Pub. L. 111–216. Furthermore, this rulemaking would improve the minimum FSTD evaluation requirements for gusting crosswinds (takeoff/landing), engine and airframe icing, and bounced landing recovery methods in response to NTSB and Aviation Rulemaking Committee recommendations. The intended effect is to ensure an adequate level of simulator fidelity.

Timetable:

Action Date FR Cite

NPRM .................. 04/00/14

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Larry McDonald, Department of Transportation, Federal Aviation Administration, P.O. Box 20636, Atlanta, GA 30320, Phone: 404– 474–5620, Email: larry.e.mcdonald@ faa.gov

.

RIN: 2120–AK08


### 1204 Federal Register / Vol. 79, No. 4 / Tuesday, January 7, 2014 / Unified Agenda

**DEPARTMENT OF TRANSPORTATION (DOT)** 
Federal Aviation Administration (FAA) Final Rule Stage 363. + Safety Management Systems for Part 121 Certificate Holders (Section 610 Review)

Regulatory Plan: This entry is Seq. No. 104 in part II of this issue of the Federal Register

.

RIN: 2120–AJ86

**DEPARTMENT OF TRANSPORTATION (DOT)** 
Federal Aviation Administration (FAA)
Long-Term Actions

364. + Air Carrier Maintenance Training Program (Section 610 Review)

Legal Authority: 49 U.S.C. 44101; 49 U.S.C. 106(g); 49 U.S.C. 40113; 49 U.S.C. 40119; 49 U.S.C. 41706; 49 U.S.C. 44701; 49 U.S.C. 44702; 49 U.S.C. 44705; 49 U.S.C. 44709 to 47111; 49 U.S.C. 44713; 49 U.S.C. 44715; 49 U.S.C. 44716; 49 U.S.C. 44717; 49 U.S.C. 44722; 49 U.S.C. 46105

Abstract: This rulemaking would require FAA approval of maintenance training programs of air carriers that operate aircraft type certificated for a passenger seating configuration of 10 seats or more (excluding any pilot seat). The intent of this rulemaking is to reduce the number of accidents and incidents caused by human error, improper maintenance, inspection, or repair practices.

Timetable:

Action Date FR Cite

Undetermined ...... To Be Determined

Regulatory Flexibility Analysis Required: No.

Agency Contact: John J Hiles, Flight Standards Service, Department of Transportation, Federal Aviation Administration, 950 L’Enfant Plaza North SW., Washington, DC 20591, Phone: 202–385–6421, Email: john.j.hiles@faa.gov

.

RIN: 2120–AJ79 **DEPARTMENT OF TRANSPORTATION (DOT)** 
Federal Aviation Administration (FAA) Completed Actions

365. + Pilot Certification and Qualification Requirements (Formerly First Officer Qualification Requirements) (HR 5900)

Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 35301 to 45302; 49 U.S.C. 40113; 49 U.S.C. 40119; 49 U.S.C. 41706; 49 U.S.C. 44101; 49 U.S.C. 44701(a)(5); 49 U.S.C. 44701 to 44703; 49 U.S.C. 44705; 49 U.S.C. 44707; 49 U.S.C. 44709 to 44711; 49 U.S.C. 44713; 49 U.S.C. 44716; 49 U.S.C. 44722; 49 U.S.C. 45102 to 45103; 49 U.S.C. 46105; 49 U.S.C. 44717; Pub. L. 111–216

Abstract: This rulemaking would amend the eligibility and qualification requirements for pilots engaged in part 121 air carrier operations. Additionally, it would modify the requirements for an airline transport pilot certificate. These actions are necessary because recent airline accidents and incidents have brought considerable attention to the experience level and training of air carrier flight crews. This rulemaking is a result of requirements in Pub. L. 111–
216.

Timetable:

Action Date FR Cite

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

Period End. 04/09/10

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

Period End. 04/30/12

Final Rule ............ 07/15/13 78 FR 42324Final Rule Effective. 07/15/13

Correction ............ 07/25/13 78 FR 44873 Correction ............ 07/26/13 78 FR 45055

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Barbara Adams, Department of Transportation, Federal Aviation Administration, 800 Independence Ave. SW., Washington, DC 20591, Phone: 202–267–8166, Email: barbara.adams@faa.gov

.

RIN: 2120–AJ67

**BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION**  **(DOT)** Federal Motor Carrier Safety Administration (FMCSA) Proposed Rule Stage 366. + Carrier Safety Fitness Determination

Regulatory Plan: This entry is Seq. No. 108 in part II of this issue of the Federal Register

.

RIN: 2126–AB11

367. + Commercial Driver’s License Drug and Alcohol Clearinghouse (MAP– 21)

Regulatory Plan: This entry is Seq. No. 109 in part II of this issue of the Federal Register

.

RIN: 2126–AB18 368. + Electronic Logging Devices and Hours of Service Supporting Documents (MAP–21)

Regulatory Plan: This entry is Seq. No. 110 in part II of this issue of the Federal Register

.

RIN: 2126–AB20 369. + Lease and Interchange of Vehicles; Motor Carriers of Passengers

Legal Authority: 49 U.S.C. 31502; 49 U.S.C. 13301; 49 U.S.C. 31136

Abstract: The rulemaking would adopt regulations governing the lease and interchange of passenger vehicles to: (1) identify the motor carrier operating a bus or motorcoach and responsible for compliance with the Federal Motor Carrier Safety Regulations; (2) ensure that a lessor surrenders control of the vehicle for the full term of the lease or temporary exchange of vehicles and drivers; and (3) require motor carriers subject to a prohibition on operating in interstate commerce to notify FMCSA in writing before leasing or otherwise transferring control of their vehicles to other carriers. This action is necessary to ensure that unsafe passenger carriers cannot evade FMCSA oversight and enforcement by operating under the authority of another carrier that exercises no actual control over those operations. This action will ensure that FMCSA, the National Transportation Safety Board (NTSB), and our State partners are able to identify motor carriers transporting passengers in interstate commerce and correctly assign responsibility for regulatory violations during inspections, compliance investigations, and crash studies. It also provides the general public with the means to identify the responsible motor carrier at the time of transportation. While detailed lease and


### 1205 Federal Register / Vol. 79, No. 4 / Tuesday, January 7, 2014 / Unified Agenda

interchange regulations for cargocarrying vehicles have been in effect since 1950, this rulemaking for passenger-carrying CMVs would focus entirely on operational safety.

Timetable:

Action Date FR Cite

NPRM .................. 09/20/13 78 FR 57822 NPRM Comment

Period End. 11/19/13

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: David Miller, Regulatory Development Division, Department of Transportation, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, Phone: 202–366– 5370, Email: fmcsaregs@dot.gov

.

RIN: 2126–AB44 370. + Inspection, Repair, and Maintenance; Driver-Vehicle Inspection Report (RRR)

Legal Authority: 49 U.S.C. 31502(b)
Abstract: This rulemaking would rescind the requirement that commercial motor vehicle (CMV) drivers operating in interstate commerce submit, and motor carriers retain, driver-vehicle inspection reports when the driver has neither found nor been made aware of any vehicle defects or deficiencies. Specifically, this rulemaking would remove a significant information collection burden without adversely impacting safety. This rulemaking responds in part to the President’s January 2012 Regulatory Review and Reform initiative.

Timetable:

Action Date FR Cite

NPRM .................. 08/07/13 78 FR 48125 NPRM Comment

Period End. 10/00/14

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Sean Gallagher, MC– PRR, Department of Transportation, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave. SE., Washington, DC 20590, Phone: 202 366–3740, Email: sean.gallagher@ dot.gov

.

RIN: 2126–AB46 **DEPARTMENT OF TRANSPORTATION (DOT)**  Federal Motor Carrier Safety Administration (FMCSA) Completed Actions 371. + Unified Registration System

Legal Authority: Pub. L. 104–88; 109 Stat. 803, 888 (1995); 49 U.S.C. 13908; Pub. L. 109–159, sec 4304

Abstract: This rule would establish a new Unified Registration System (URS) to replace four legacy systems in support of FMCSA  ́s safety and commercial oversight responsibilities. It would require all entities subject to FMCSA jurisdiction to comply with a new URS registration and biennial update requirement, disclose the cumulative registration informationcollected by URS, and provide a crossreference to all regulatory requirements necessary to obtain permanent registration. It implements statutory provisions in the ICC Termination Act and SAFTEA–LU. URS would serve as a clearinghouse and depository of information on, and identification of, motor carriers, brokers, freight forwarders, and others required to register with the Department of Transportation.

Timetable:

Action Date FR Cite

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

Period End. 10/25/96

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

Period End. 08/17/05

Supplemental

NPRM. 10/26/11 76 FR 66506

Comment Period

End. 12/27/11

Final Rule ............ 08/23/13 78 FR 52608Final Rule Effective. 10/23/15

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Genevieve Sapir, Management Analyst, Department of Transportation, Federal Motor Carrier Safety Administration, Office of Policy (MC–CCR), 1200 New Jersey Avenue SE., Washington, DC 20590, Phone: 202 366–7056, Email: genevieve.sapir@ dot.gov

.

RIN: 2126–AA22

**BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION**  **(DOT)**
Federal Railroad Administration (FRA) Proposed Rule Stage

372. + Alcohol and ControlledSubstance Testing for Maintenance-ofWay Employees

Legal Authority: Pub. L. 220–432, Div A, 122 Stat 4848 et seq.; Rail Safety Improvement Act of 2008; sec 412 (uncodified)

Abstract: This rulemaking would revise the Federal Railroad Administration  ́s (FRA) alcohol and drug regulations to cover all employees of railroads, railroad contractors, and subcontractors who perform maintenance-of-way activities. FRA’s alcohol and drug regulations (49 CFR part 219) contain certain prohibitions on the use and possession of alcohol and drugs. The regulations also contain requirements for post-accident toxicological (PAT) testing, random testing, reasonable cause testing, reasonable suspicion testing, co-workerand voluntary referral policies, preemployment drug testing, and reporting. Currently, the regulations only apply to covered employees (defined as employees assigned to perform covered service subject to the Hours of Service Act, 49 CFR chapter 211). In response to a statutory mandate, the proposed rulemaking would expand coverage of part 219 to employees who perform maintenance-of-way (MOW) activities. This rulemaking would also make other miscellaneous updates to 14 CFR part
219.

Timetable:

Action Date FR Cite

NPRM .................. 05/00/14

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Kathryn Shelton, Trial Attorney, Department of Transportation, Federal Railroad Administration, 1200 New Jersey Ave. SE., Washington, DC 20590, Phone: 202– 493–6063, Email: kathryn.shelton@ fra.dot.gov

.

RIN: 2130–AC10 373. + Risk Reduction Program

Legal Authority: Pub. L. 110–432, Div A, 122 Stat 4848 et seq.; Rail Safety Improvement Act of 2008; sec 103, 49 U.S.C. 20156 ‘‘Railroad Safety Risk Reduction Program’’

Abstract: This rulemaking would consider appropriate contents for Risk Reduction Programs and how they should be implemented and reviewed by FRA.


### 1206 Federal Register / Vol. 79, No. 4 / Tuesday, January 7, 2014 / Unified Agenda

Timetable:

Action Date FR Cite

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

Period End. 02/07/11

NPRM .................. 04/00/14

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Kathryn Shelton, Trial Attorney, Department of Transportation, Federal Railroad Administration, 1200 New Jersey Ave. SE., Washington, DC 20590, Phone: 202–493–6063, Email: kathryn.shelton@ fra.dot.gov.

RIN: 2130–AC11

374. • + Passenger Equipment Safety Standards; Standards for Alternative Compliance and High–Speed Trainsets

Legal Authority: 49 U.S.C. 20103 Abstract: This rulemaking would amend 49 CFR part 238 to update existing safety standards for passenger rail equipment. Specifically, the proposed rulemaking would add standards for alternative compliance with requirements for Tier I passenger equipment, increase the maximum authorized speed for Tier II passenger equipment, and add requirements for a new Tier III category of passenger equipment.

Timetable:

Action Date FR Cite

NPRM .................. 06/00/14

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Kathryn Shelton, Trial Attorney, Department of Transportation, Federal Railroad Administration, 1200 New Jersey Ave. SE., Washington, DC 20590, Phone: 202–493–6063, Email: kathryn.shelton@ fra.dot.gov.

RIN: 2130–AC46

**DEPARTMENT OF TRANSPORTATION (DOT)** 
Federal Railroad Administration (FRA) Final Rule Stage 375. + Training Standards for Railroad Employees

Legal Authority: Pub. L. 110 thru 432, Div A, 122 Stat 4848 et seq.; Railroad Safety Improvement Act of 2008; sec 401 (49 U.S.C. 20162)

Abstract: This rulemaking would (1) establish minimum training standards for each class or craft of safety-related employee and equivalent railroad contractor and subcontractor employee by requiring railroads, contractors, and subcontractors to qualify and document the proficiency of such employees on their knowledge and ability to comply with Federal railroad safety laws and regulations and railroad rules and procedures intended to implement those laws and regulations, etc.; (2) require submission of the training and qualification programs for FRA approval; and (3) establish a minimum training curriculum and ongoing training criteria, testing, and skills evaluation measures.

Timetable:

Action Date FR Cite

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

Period End. 04/09/12

Final Rule ............ 04/00/14

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Kathryn Shelton, Trial Attorney, Department of Transportation, Federal Railroad Administration, 1200 New Jersey Ave. SE., Washington, DC 20590, Phone: 202–493–6063, Email: kathryn.shelton@ fra.dot.gov.

RIN: 2130–AC06

**BILLING CODE 4910–06–P**

**DEPARTMENT OF TRANSPORTATION (DOT)**  Pipeline and Hazardous Materials Safety Administration (PHMSA) Proposed Rule Stage376. + Pipeline Safety: Safety of OnShore Liquid Hazardous Pipelines

Regulatory Plan: This entry is Seq. No. 118 in part II of this issue of the Federal Register

.

RIN: 2137–AE66 377. Pipeline Safety: Issues Related to the Use of Plastic Pipe in Gas Pipeline Industry

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

Abstract: This rulemaking would address a number of issues related to the use of plastic pipe in the gas pipeline industry. These issues include composite pipe petitions, plastic issues on gas lines, authorized use of PA12 at higher pressures, 50 year markings, increasing design factor from 0.32 to 0.40 for polyethylene pipe, characterization of ‘‘plastic pipe’’ to ‘‘non-metallic pipe,’’ leak repair revisions, incorporation by reference certain ANSI standards and enhanced tracking and traceability of lines.

Timetable:

Action Date FR Cite

NPRM .................. 04/00/14

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Cameron H Satterthwaite, Transportation Regulations Specialist, Department of Transportation, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Ave. SE., Washington, DC 20590, Phone: 202 366–8553, Email: cameron.satterthwaite@dot.gov.

RIN: 2137–AE93 378. Pipeline Safety: Operator Qualification, Cost Recovery and Other Pipeline Safety Proposed Changes (RRR)

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

Abstract: This rulemaking would address miscellaneous issues that have been raised because of the reauthorization of the pipeline safety program in 2012 and petitions for rulemaking from many affected stakeholders. Some of the issues that this rulemaking would address include: Renewal process for special permits, cost recovery for design reviews, and incident reporting.

Timetable:

Action Date FR Cite

NPRM .................. 11/00/13

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: John A Gale, Transportation Regulations Specialist, Department of Transportation, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, Phone: 202–366–0434, Email: john.gale@dot.gov.

RIN: 2137–AE94

**DEPARTMENT OF TRANSPORTATION (DOT)**  Pipeline and Hazardous Materials Safety Administration (PHMSA) Final Rule Stage

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

Legal Authority: 49 U.S.C. 5101 et seq. Abstract: This rulemaking would amend the Hazardous Materials


### 1207 Federal Register / Vol. 79, No. 4 / Tuesday, January 7, 2014 / Unified Agenda

Regulations to comprehensively address the safe transportation of lithium cells and batteries. The intent of the rulemaking is to strengthen the current regulatory framework by imposing more effective safeguards, including design testing to address risks related to internal short circuits, and enhanced packaging, hazard communication, and operational measures for various types and sizes of lithium batteries in specific transportation contexts. The rulemaking would respond to several recommendations issued by the National Transportation Safety Board.

Timetable:

Action Date FR Cite

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

Period End. 03/12/10

Notice .................. 04/11/12 77 FR 21714 Comment Period

End. 05/11/12

NPRM; Request

for Additional Comments. 01/07/13 78 FR 1119

Comment Period

End. 03/08/13

Final Rule ............ 12/00/13 Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Kevin Leary, Transportation Specialist, Department of Transportation, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Ave. SE., Washington, DC 20590, Phone: 202 366–8553, Email: kevin.leary@dot.gov.

RIN: 2137–AE44

**BILLING CODE 4910–60–P**

**DEPARTMENT OF TRANSPORTATION (DOT)** 
Maritime Administration (MARAD)
Long-Term Actions 380. + Regulations To Be Followed by All Departments, Agencies and Shippers Having Responsibility To Provide a Preference for U.S.-Flag Vessels in the Shipment of Cargoes on Ocean Vessels

Legal Authority: 49 CFR 1.66; 46 app U.S.C. 1101; 46 app U.S.C. 1241; 46 U.S.C. 2302(e)(1); Pub. L. 91–469 Abstract: This rulemaking would update and clarify the Cargo Preference rules that have not been revised substantially since 1971.

Timetable:

Action Date FR Cite

Next Action Undetermined. To Be Determined

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Christine Gurland, Department of Transportation, Maritime Administration, 1200 New Jersey Ave. SE., Washington, DC 20590, Phone: 202 366–5157, Email: christine.gurland@ dot.gov.

RIN: 2133–AB74

[FR Doc. 2013–29637 Filed 1–6–14; 8:45 am]

**BILLING CODE 4910–81–P**


# Vol. 79 Tuesday,
No. 4 January 7, 2014

Part XIV



# Department of the Treasury

Semiannual Regulatory Agenda