Report on DOT Significant Rulemakings

Table of Contents

Federal Aviation Administration

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

2. Aging Aircraft Program (Widespread Fatigue Damage)

3. Commuter Operations in Very Light Jets (VLJs)

4. Re-registration and Renewal of Aircraft Registration

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

Traffic Control Service

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

7. Safety Management Systems (SMS) 

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

9. Certification of Turbojets

10. Supercooled Large Droplet Icing Conditions

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

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

Inspectors 

13. Airport Safety Management System

14. Photo Requirements for Pilot Certificates

15. Part 121 - Activation of Ice Protection

16. Part 129 Operations Specifications

17. Fatigue Tolerance Evaluation of Metallic Structures

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

Amendments

19. Flight and Duty Time Limitations and Rest Requirements

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

21. Repair Stations
22. Rotor Overspeed Requirements

23. New Pilot Certification Requirements for Air Carrier Operations

Federal Highway Administration

24. Real-Time System Management Information Program

25. National Tunnel Inspection Standards

26. Lane Line Retroreflectivity

Federal Motor Carrier Safety Administration

27. Unified Registration System

28. Application by Certain Mexico-Domiciled Motor Carriers to Operate Beyond U.S. 

Municipalities and Commercial Zones on the U.S.-Mexico Border

29. Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor Carriers 

Operating in the United States

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

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

Endorsement 

32. Brokers of Household Goods Transportation by Motor Vehicle

33. Electronic On-Board Recorders for Hours-of-Service Compliance

34. Qualifications of Drivers; Diabetes Standard

35. National Registry of Certified Medical Examiners

36. Consumer Complaint Information

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

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

39. Carrier Safety Fitness Determination 

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

Carrier Safety Improvement Act of 1999

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

42. Fees for Unified Carrier Registration Plan and Agreement

43. Electronic On-Board Recorders and Hours of Service Supporting Documents 
44. Cargo Insurance for Property Loss or Damage

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

Devices

46. Hours of Service 

Federal Railroad Administration

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

48. Positive Train Control

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

50. Risk Reduction Program

51. Hours of Service - Passenger Train Employees

52. Restriction of Improper Use of Cellular Telephones and Other Electronic and Electrical 

Devices

Maritime Administration

53. Foreign Reconstruction and Rebuild Determinations

54. 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.

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

Penalties

National Highway Traffic Safety Administration

56. Ejection Mitigation

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

58. Tire Fuel Efficiency Consumer Information

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

60. FMVSS No. 118 Automatic Reversal Systems

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

Office of the Secretary

62. Accessibility of Passenger Vessels to Individuals with Disabilities

63. Aviation Data Requirements Review and Modernization Program
64. Protection of Sensitive Security Information

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

the Defense Production Act

66. Enhancing Airline Passenger Protections - Part 2

67. Carrier-Supplied Medical Oxygen, Service Animals, and Accessibility of Carrier Websites, 

Kiosks, and In-Flight Entertainment Systems 

Pipeline and Hazardous Materials Safety Administration

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

69. Hazardous Materials: Enforcement Regulations

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

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

Aircraft 

72. Hazardous Materials: Bulk Loading and Unloading Operations 

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

74. Hazardous Materials: Registration and Fee Assessment Program

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

Transporting Flammable Liquids (Wetlines)
Federal Aviation Administration

Federal Aviation Administration

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

Popular Title: Safe Efficient Navigable Airspace

RIN 2120-AH31

Stage: Final Rule

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

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

airspace. These rules have not been revised in several decades, and the FAA has determined it is necessary to 

update the regulations, incorporate case law and legislative action, and simplify the rule language. These 

changes will improve safety and promote the efficient use of the National Airspace System.

Effects:

None 

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 10/03/1988

Docket Number: FAA-2006-25002

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

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

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

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

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

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None
Federal Aviation Administration

2. Aging Aircraft Program (Widespread Fatigue Damage) Red

Popular Title: Aging Aircraft Widespread Fatigue

RIN 2120-AI05

Stage: Final Rule

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

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

Abstract: This rulemaking would require design approval holders to establish limits of validity (LOVs) of the

engineering data that support the maintenance programs for certain transport category airplanes, and it would 

require them to determine if maintenance actions are needed to prevent widespread fatigue damage before an 

airplane reaches its LOV. This rulemaking would require operators of any affected airplane to incorporate the 

LOV into the airworthiness limitations section of the instructions for continued airworthiness. This rulemaking 

would also prohibit operation of an affected airplane beyond the LOV, unless an operator has incorporated an 

extended LOV and any necessary service information into its maintenance program. 

Effects:

EU

NAFTA

Foreign

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 02/14/2004

Docket Number: FAA-2006-24281

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

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

To OMB 06/20/2007 03/16/2010

OMB Clearance 09/20/2007 06/16/2010

Publication Date 09/28/2007 07/02/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None
Federal Aviation Administration

3. Commuter Operations in Very Light Jets (VLJs) Black

Popular Title: VLJ

RIN 2120-AI84

Stage: Undetermined

Previous Stage:None 

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

conducted under the provisions of part 135 using multiengine turbojets, certificated under either part 23 or part 

25, configured with 9 or fewer passenger seats. The rulemaking would allow multiengine turbojet operators to 

provide commuter service to the traveling public, thus accommodating new techonologies and a new 

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

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

resulted, in part, from recommendations from the Aviation Rulemaking Committee for parts 14 CFR 135/125 

and covers pilot crew, equipment, training, and dispatch requirements for the safe operation of this new 

generation airplane. An earlier internet report listed this item as an NPRM with a scheduled publication date of 

10/20/09. FAA is now reconsidering what action to take with respect to this rulemaking.

Effects:

Regulatory Flexibility Act

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 03/15/2006

Docket Number:

Dates for Undetermined:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 

To OMB 

OMB Clearance 

Publication Date 

End of Comment Period 

Explanation for any delay: N/A 

Federal Register Citation for Undetermined: None
Federal Aviation Administration

4. Re-registration and Renewal of Aircraft Registration Red

Popular Title: Re-registration & Renewal of Aircraft Registration

RIN 2120-AI89

Stage: Final Rule

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

Abstract: This rulemaking would amend requirements concerning the registration of aircraft. The rulemaking 

is based on the need to increase and maintain the accuracy of aircraft registration information in the Civil 

Aviation Registry. This rulemaking would ensure aircraft owners periodically provide information regarding 

changes in registration. The rulemaking would respond to the concerns of law enforcement and other 

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

of the Civil Aviation Registry database. 

Effects:

Information Collection

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 11/30/2004

Docket Number: FAA-2008-0188

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

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

Returned to Mode 07/10/2009

Resubmitted to OST 08/13/2009

Resubmitted to OST/2 09/18/2009

Returned to Mode/2 10/08/2009

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

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

OMB Clearance 09/11/2009 05/31/2010

Publication Date 09/25/2009 06/14/2010

Explanation for any delay: Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None
Federal Aviation Administration

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

Traffic Control Service

Red

Popular Title: ADS-B

RIN 2120-AI92

Stage: Final Rule

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

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

Abstract: This rulemaking would add equipage requirements and performance standards for Automatic 

Dependent Surveillance-Broadcast (ADS-B) Out avionics on aircraft operating in specified classes of airspace 

within the U.S. National Airspace System. This action facilitates the use of ADS-B for aircraft surveillance by 

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

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

operators with a platform for additional flight applications and services. 

Effects:

Economically Significant

Major

Unfunded Mandate

Regulatory Flexibility Act

EU

NAFTA

Foreign

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 09/26/2006

Docket Number: FAA-2007-29305

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

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

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

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

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

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None
Federal Aviation Administration

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

Popular Title: Part 121, Subparts N and O

RIN 2120-AJ00

Stage: SNPRM

Previous Stage: NPRM: Publication Approved 06/16/2008;Publication Date 01/12/2009;End of Comment 

Period 05/12/2009;Extension of Comment Period 04/20/2009;End of Extension of Comment Period 

08/10/2009.

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

domestic, flag, and supplemental operations. The rulemaking would enhance traditional training programs by 

requiring the use of flight simulation training devices for flight crewmembers and including additional training 

requirements in areas that are critical to safety. The rulemaking would also reorganize and revise the 

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

aviation accidents.

Effects:

Regulatory Flexibility Act

Information Collection

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 03/12/1999

Docket Number: FAA-2008-0677

Dates for SNPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 02/26/2010

To OMB 03/12/2010

OMB Clearance 04/09/2010

Publication Date 04/20/2010

End of Comment Period 06/21/2010

Explanation for any delay: N/A 

Federal Register Citation for SNPRM: None
Federal Aviation Administration

7. Safety Management Systems (SMS) Black

Popular Title: SMS 

RIN 2120-AJ15

Stage: Undetermined

Previous Stage: ANPRM: Publication Date 7/23/2009; End of Comment Period 10/21/2009.

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

certain product manufacturers, applicants, and employers. This action is being taken to further enhance the 

practice of managing safety, conducting risk and system assessments and analysis, undertaking preventive and 

corrective actions, and creating a safety culture. The intended effect of this action would make the United 

States compliant with International Civil Aviation Organization (ICAO) annexes.

Effects:

Information Collection

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 09/25/2007

Docket Number: FAA-2009-0671

Dates for Undetermined:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 

To OMB 

OMB Clearance 

Publication Date 

End of Comment Period 

Explanation for any delay: N/A 

Federal Register Citation for Undetermined: None
Federal Aviation Administration

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

Popular Title: PIC Proficiency

RIN 2120-AJ18

Stage: Undetermined

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

Abstract: This rulemaking would require proficiency checks for pilots in command (PIC) of single-piloted 

turbojet powered airplanes, allow pilot schools to use Internet-based training without requiring schools to have 

a physical ground training facility, allow pilot schools and provisional pilot schools to apply for a combined 

private pilot certification and instrument rating course, and revise the definitions of "complex airplane" and 

"high performance airplane." FAA believes these actions are necessary to respond to changes in the aviation 

industry and to avoid imposing unnecessary regulatory burdens. The intended effect of this rulemaking would 

be to ensure flight crewmembers have the training and qualifications necessary to operate aircraft safely. 

Effects:

Information Collection

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 07/24/2007

Docket Number: FAA-2008-0938

Dates for Undetermined:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 

To OMB 

OMB Clearance 

Publication Date 

End of Comment Period 

Explanation for any delay: N/A 

Federal Register Citation for Undetermined: None
Federal Aviation Administration

9. Certification of Turbojets Black

Popular Title: Turbojets

RIN 2120-AJ22

Stage: Undetermined

Previous Stage:None 

Abstract: This rulemaking would address certification and operational issues surrounding the introduction of 

light jets. This action is necessary to standardize certification requirements and consolidate these requirements 

into one location. The intent is to ensure the same standards apply to all light jets.

Effects:

None 

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 01/02/2008

Docket Number: FAA-2009-0738

Dates for Undetermined:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 

To OMB 

OMB Clearance 

Publication Date 

End of Comment Period 

Explanation for any delay: N/A 

Federal Register Citation for Undetermined: None
Federal Aviation Administration

10. Supercooled Large Droplet Icing Conditions Red

Popular Title: Supercooled Large Droplet Icing Conditions

RIN 2120-AJ34

Stage: NPRM

Previous Stage:None 

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

certificated for flight in icing conditions and the icing airworthiness standards applicable to aircraft engines. The 

rulemaking would improve safety by taking into account supercooled large drop icing conditions for transport 

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

mixed phase and ice crystal conditions for all transport category airplanes, and supercooled large drop, mixed 

phase, and ice crystal icing conditions for all turbine engines. This rulemaking is the result of information 

gathered from a review of icing accidents and incidents, and is intended to improve the level of safety for new 

airplane and engine designs for operations in icing conditions. 

Effects:

EU

NAFTA

Foreign

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 02/04/2008

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

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

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

OMB Clearance 04/15/2010 06/08/2010

Publication Date 04/29/2010 06/21/2010

End of Comment Period 07/29/2010 09/21/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None
Federal Aviation Administration

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

Popular Title: Flightcrew Alerting 

RIN 2120-AJ35

Stage: Final Rule

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

Period 9/16/2009; End of Reopened Comment Period 10/1/2009. Undetermined: Publication Approved 

;Publication Date ;End of Comment Period .

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

definitions, prioritization, color requirements, and performance. These changes would update the latest

technology and functionality concerning flightcrew alerting. This rulemaking is necessary to add additional 

alerting functions and to consolidate and standardize definitions and regulations for flightcrew warning, caution, 

and advisory systems.

Effects:

None 

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 09/26/2000

Docket Number: FAA-2008-1292

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 08/24/2010

To OMB 09/27/2010

OMB Clearance 12/27/2010

Publication Date 01/14/2011

Explanation for any delay: N/A 

Federal Register Citation for Final Rule: None
Federal Aviation Administration

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

Inspectors 

Yellow

Popular Title: Post Employment Restrictions 

RIN 2120-AJ36

Stage: NPRM

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

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

Aviation Safety Inspector (ASI) or other person with certificate holder oversight responsibilities to act as an 

agent or to represent that certificate holder in any matter before the FAA. This restriction would apply if the 

person, in the proceeding two year period, has (a) served as, or was responsible for oversight of, a Flight 

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

the certificate holder. The rulemaking would enhance the FAA ́s ability to properly perform its safety mission 

and to ensure that every passenger can have complete confidence in the integrity of the programs and operations 

administered by the FAA. 

Effects:

None 

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 06/16/2008

Docket Number: FAA-2008-1154

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

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

Returned to Mode 04/29/2009

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

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

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

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

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

Explanation for any delay: N/A 

Federal Register Citation for NPRM: 74 FR 60218
Federal Aviation Administration

13. Airport Safety Management System Yellow

Popular Title: Airport SMS

RIN 2120-AJ38

Stage: NPRM

Previous Stage:None 

Abstract: This rulemaking would require airport operators to institute a safety management system at their 

airports. This action is necessary to improve safety through conformance with best practices in risk management 

and promote international harmonization with ICAO standards. The rule is intended to facilitate integration of 

formal risk management processes within the airport ́s day-to-day operations.

Effects:

Information Collection

Peer Review

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 07/22/2008

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 02/17/2010 04/26/2010

To OMB 03/18/2010 05/27/2010

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

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

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

Explanation for any delay: N/A 

Federal Register Citation for NPRM: None
Federal Aviation Administration

14. Photo Requirements for Pilot Certificates Red

Popular Title: Photo Requirements

RIN 2120-AJ42

Stage: NPRM

Previous Stage:None 

Abstract: This rulemaking would require digital photos on all pilot certificates. This action is necessary to 

update regulations about pilot plastic certificates. The intended effect of this action is to meet all requirements 

of the Intelligence Reform and Terrorism Prevention Act. 

Effects:

None 

Prompting action: Statute

Legal Deadline: None

Rulemaking Project Initiated: 09/30/2008

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

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

To OMB 09/24/2009 04/16/2010

OMB Clearance 12/24/2009 07/16/2010

Publication Date 01/15/2010 07/30/2010

End of Comment Period 04/15/2010 10/28/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None
Federal Aviation Administration

15. Part 121 - Activation of Ice Protection Green

Popular Title: Part 121 - Ice Protection

RIN 2120-AJ43

Stage: NPRM

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

Abstract: This rulemaking would amend the regulations applicable to operators of certain airplanes used in air 

carrier service and certificated for flight in icing conditions. The standards would require either the installation 

of ice detection equipment or changes to the Airplane Flight Manual to ensure timely activation of the airframe 

ice protection system. This regulation is the result of information gathered from a review of icing accidents and 

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

Effects:

Regulatory Flexibility Act

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 12/08/1997

Docket Number: FAA-2009-0675

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 07/24/2009 07/24/2009

To OMB 08/24/2009 09/16/2009 09/17/2009

OMB Clearance 11/24/2009 12/16/2009 11/10/2009

Publication Date 12/08/2009 12/23/2009 11/23/2009

End of Comment Period 02/08/2010 02/23/2010 02/22/2010

Explanation for any delay: N/A 

Federal Register Citation for NPRM: 74 FR 61055
Federal Aviation Administration

16. Part 129 Operations Specifications Red

Popular Title: Part 129 Ops Specs

RIN 2120-AJ45

Stage: NPRM

Previous Stage:None 

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

revocation of operations specifications issued to foreign air carriers operating in the United States. This action is 

necessary to update our processes for Operations Specifications. The intent of this action is to permit operations 

specifications to be easily revised and updated to meet international standards and the changing aviation 

environment.

Effects:

EU

NAFTA

Foreign

Prompting action: International Agreement

Legal Deadline: None

Rulemaking Project Initiated: 10/02/2004

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

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

Returned to Mode 09/29/2009

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

Resubmitted to OST/2 12/16/2009

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

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

Publication Date 12/08/2009 05/06/2010

End of Comment Period 03/08/2010 08/06/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None
Federal Aviation Administration

17. Fatigue Tolerance Evaluation of Metallic Structures Yellow

Popular Title: Fatigue Tolerance Evaluation of Metallic Structure

RIN 2120-AJ51

Stage: NPRM

Previous Stage:None 

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

transport category metallic structures. This action is necessary to avoid or reduce catastrophic fatigue failures. 

The intended effect is increased safety requirements and harmonization with international standards.

Effects:

Information Collection

EU

NAFTA

Foreign

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 03/31/2009

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

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

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

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

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

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

Explanation for any delay: N/A 

Federal Register Citation for NPRM: None
Federal Aviation Administration

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

Amendments

Red

Popular Title: Helicopter Safety Initiatives and Misc Amendments

RIN 2120-AJ53

Stage: NPRM

Previous Stage:None 

Abstract: This rulemaking would change equipment and operating requirements for commercial helicopter 

operations, including many specifically for helicopter air ambulance operations. This rulemaking is necessary to 

increase crew, passenger, and patient safety. The intended effect is to implement the National Transportation 

Safety Board, Aviation Rulemaking Committee, and internal FAA recommendations.

Effects:

Regulatory Flexibility Act

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 04/15/2009

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

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

To OMB 03/01/2010 04/12/2010

OMB Clearance 06/01/2010 07/12/2010

Publication Date 06/09/2010 07/20/2010

End of Comment Period 09/09/2010 10/22/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None
Federal Aviation Administration

19. Flight and Duty Time Limitations and Rest Requirements Red

Popular Title: Flight/Duty/Rest Requirements

RIN 2120-AJ58

Stage: NPRM

Previous Stage:None 

Abstract: This rulemaking would establish one set of flight time limitations, duty period limits, and rest 

requirements for pilots. The rulemaking is necessary to ensure that pilots have the opportunity to obtain 

sufficient rest to perform their duties. The objective of the rule is to contribute to and to improve aviation safety. 

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

Effects:

Economically Significant

Major

Regulatory Flexibility Act

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 06/24/2009

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

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

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

OMB Clearance 12/24/2009 04/02/2010

Publication Date 12/31/2009 04/14/2010

End of Comment Period 04/30/2010 06/14/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None
Federal Aviation Administration

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

Popular Title: Small Unmanned Aircraft

RIN 2120-AJ60

Stage: NPRM

Previous Stage:None 

Abstract: This rulemaking would enable small unmanned aircraft to safely operate in limited portions of the 

national airspace system (NAS). This action is necessary because it addresses the novel legal or policy issues 

about the minimum safety parameters for operating recreational remote control model and toy aircraft in the 

NAS. The intended effect of this action is to develop requirements and standards to ensure that risks are 

adequately mitigated, such that, safety is maintained for the entire aviation community. 

Effects:

Regulatory Flexibility Act

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 07/28/2009

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 01/24/2011

To OMB 02/03/2011

OMB Clearance 03/07/2011

Publication Date 03/10/2011

End of Comment Period 07/14/2011

Explanation for any delay: N/A 

Federal Register Citation for NPRM: None
Federal Aviation Administration

21. Repair Stations Green

Popular Title: Repair Stations

RIN 2120-AJ61

Stage: NPRM

Previous Stage:None 

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

because many portions of the current regulations do not reflect current repair station business practices, aircraft 

maintenance practices, or advances in aircraft technology.

Effects:

Regulatory Flexibility Act

Federalism 

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 06/26/2008

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 07/09/2010

To OMB 08/09/2010

OMB Clearance 11/08/2010

Publication Date 11/29/2010

End of Comment Period 02/22/2011

Explanation for any delay: N/A 

Federal Register Citation for NPRM: None
Federal Aviation Administration

22. Rotor Overspeed Requirements Green

Popular Title: Overspeed

RIN 2120-AJ62

Stage: NPRM

Previous Stage:None 

Abstract: This rulemaking would complement a companion final rule on engine life-limited parts published in 

2007. The rulemaking would establish a set of harmonized strength requirements for the design and testing of 

life-limited engine rotors. Together, the two rules harmonize the standards for the design and testing of engine 

rotating parts with those of the European Aviation Safety Agency. This rulemaking is now classified as 

nonsignificant and will not appear on next month ́s report.

Effects:

EU

Foreign

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 07/20/2009

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 03/15/2010

To OMB 04/15/2010

OMB Clearance 07/15/2010

Publication Date 07/29/2010

End of Comment Period 10/29/2010

Explanation for any delay: N/A 

Federal Register Citation for NPRM: None
Federal Aviation Administration

23. New Pilot Certification Requirements for Air Carrier Operations Green

Popular Title: New Pilot Certification

RIN 2120-AJ67

Stage: ANPRM

Previous Stage:None 

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

requirements are adequate for pilots engaged in part 121 and part 135 operations. This action is necessary 

because recent airline accidents and incidents have brought considerable attention to the experience level and 

training of air carrier flight crews. The FAA would use the gathered information to determine the necessity of 

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

regulations might include.

Effects:

None 

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 10/20/2009

Docket Number: FAA-2010-0100

Dates for ANPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

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

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

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

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

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

Explanation for any delay: N/A 

Federal Register Citation for ANPRM: 75 FR 6164 
Federal Highway Administration

Federal Highway Administration

24. Real-Time System Management Information Program Red

Popular Title: Real-Time Management

RIN 2125-AF19

Stage: Final Rule

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

Abstract: This action would establish a real-time system management information program to provide, in all 

States, the capability to monitor, in real-time, the traffic and travel conditions of the major highways of the 

United States. Section 1201 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 

for Users (SAFETEA-LU) provides that the purpose of this program would be to improve the security of the 

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

response to weather events and surface transportation incidents and to facilitate national and regional highway 

traveler information. 

Effects:

Economically Significant

Major

Prompting action: Statute

Legal Deadline: None

Rulemaking Project Initiated: 10/31/2006

Docket Number: FHWA-2006-24219

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

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

To OMB 09/28/2009 03/02/2010

OMB Clearance 12/28/2009 06/02/2010

Publication Date 01/04/2010 06/09/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None
Federal Highway Administration

25. National Tunnel Inspection Standards Green

Popular Title: Tunnel Inspection

RIN 2125-AF24

Stage: NPRM

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

Abstract: This rulemaking would revise 23 CFR Part 650 -- Bridges, Structures, and Hydraulics, by adding the 

National Tunnel Inspection Standards (NTIS) under Subpart E. We anticipate that the NTIS may be modeled 

after the existing National Bridge Inspection Standards and may include requirements for, among other things, 

inspection procedures, the qualifications and training of inspectors, and a National Tunnel Inventory.

Effects:

None 

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 01/30/2008

Docket Number: FHWA-2008-0038

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

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

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

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

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

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

Explanation for any delay: N/A 

Federal Register Citation for NPRM: None
Federal Highway Administration

26. Lane Line Retroreflectivity Green

Popular Title: Lane Retroreflectivity

RIN 2125-AF34

Stage: NPRM

Previous Stage:None 

Abstract: This rulemaking would amend the Manual on Uniform Traffic Control Devices, incorporated by 

reference in 23 CFR part 655, subpart F, to include standards, guidance, options, and supporting information 

relating to maintaining minimum levels of retroreflectivity for pavement markings on all roads open to public 

travel. This rulemaking has been downgraded and will not appear in next month's report.

Effects:

None 

Prompting action: Statute

Legal Deadline: None

Rulemaking Project Initiated: 12/07/2009

Docket Number: FHWA-2009-0139

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 01/26/2010 02/16/2010

To OMB 02/26/2010 03/16/2010

OMB Clearance 05/24/2010 06/16/2010

Publication Date 05/31/2010 06/23/2010

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

Explanation for any delay: N/A 

Federal Register Citation for NPRM: None
Federal Motor Carrier Safety Administration

Federal Motor Carrier Safety Administration

27. Unified Registration System Red

Popular Title: URS

RIN 2126-AA22

Stage: SNPRM

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

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

Abstract: This rulemaking would replace three current identification and registration systems: the US DOT 

number identification system, the commercial registration system, and the financial responsibility system, with 

an online Federal unified registration system (URS). This program would serve as a clearinghouse and 

depository of information on, and identification of, brokers, freight forwarders, and others required to register 

with the Department of Transportation. The Agency is revising this rulemaking to address amendments directed 

by SAFETEA-LU. The replacement system for the Single State Registration System, which the ICC 

Termination Act originally directed be merged under URS, will be addressed separately. The cargo insurance 

portion of this rulemaking has been split off into RIN 2126-AB21.

Effects:

Regulatory Flexibility Act

Information Collection

Prompting action: Statute

Legal Deadline: Final Rule : 08/10/2006

Rulemaking Project Initiated: 01/01/1996

Docket Number: FMCSA-97-2349

Dates for SNPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 02/02/2007 04/23/2010

To OMB 03/08/2007 05/26/2010

OMB Clearance 06/08/2007 08/26/2010

Publication Date 06/29/2007 09/08/2010

End of Comment Period 09/28/2007 11/08/2010

Explanation for any delay: Additional coordination necessary

Unanticipated issues requiring further analysis

Federal Register Citation for SNPRM: None
Federal Motor Carrier Safety Administration

28. Application by Certain Mexico-Domiciled Motor Carriers to Operate Beyond U.S. 

Municipalities and Commercial Zones on the U.S.-Mexico Border

Red

Popular Title: Mexico-Domiciled Motor Carriers 

RIN 2126-AA34

Stage: Undetermined

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

Publication Date 03/19/2002; End of Comment Period 04/18/2002.

Abstract: This rulemaking would change FMCSA regulations to govern applications by Mexican carriers to 

operate beyond municipalities and commercial zones at the United State-Mexico border. It would also revise the 

application form, OP-1MX, to be filed by these Mexican motor carriers. The revised form would require 

additional information about the applicant ́s business and operating practices to allow the FMCSA to determine 

if the applicant can meet the safety standards established for operating in interstate commerce in the United 

States. Carriers that had previously submitted an application would have to submit the updated form. These 

changes are needed to implement part of the North American Free Trade Agreement (NAFTA). On January 16, 

2003, the Ninth Circuit Court remanded this rule, along with two other NAFTA-related rules, to the agency, 

requiring a full environmental impact statement and an analysis required by the Clean Air Act. On June 7, 2004, 

the Supreme Court reversed the Ninth Circuit and remanded the case, holding that FMCSA is not required to 

prepare the environmental documents as ruled by the Ninth Circuit. FMCSA originally planned to publish a 

final rule by November 20, 2003. FMCSA will determine the next steps to be taken after enactment of any 

pending legislation authorizing cross border trucking.

Effects:

Information Collection

NAFTA

Prompting action: International Agreement

Legal Deadline: None

Rulemaking Project Initiated: 02/07/2001

Docket Number: FMCSA-98-3298

Dates for Undetermined:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 

To OMB 

OMB Clearance 

Publication Date 

End of Comment Period 

Explanation for any delay: Unanticipated issues requiring further analysis

Federal Register Citation for Undetermined: None
Federal Motor Carrier Safety Administration

29. Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor Carriers 

Operating in the United States

Red

Popular Title: Safety Monitoring

RIN 2126-AA35

Stage: Undetermined

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

Publication Date 03/19/2002; End of Comment Period 04/18/2002.

Abstract: This rule would implement a safety monitoring system and compliance initiative designed to evaluate 

the continuing safety fitness of all Mexico-domiciled carriers within 18 months after receiving a provisional 

Certificate of Registration or provisional authority to operate in the United States. It also would establish 

suspension and revocation procedures for provisional Certificates of Registration and operating authority, and 

incorporate criteria to be used by FMCSA in evaluating whether Mexico-domiciled carriers exercise basic 

safety management controls. The interim rule included requirements that were not proposed in the NPRM but 

which are necessary to comply with the FY-2002 DOT Appropriations Act. On January 16, 2003, the Ninth 

Circuit Court of Appeals remanded this rule, along with two other NAFTA-related rules, to the agency, 

requiring a full environmental impact statement and an analysis required by the Clean Air Act. On June 7, 2004, 

the Supreme Court reversed the Ninth Circuit and remanded the case, holding that FMCSA is not required to 

prepare the environmental documents. FMCSA originally planned to publish a final rule by November 28, 2003. 

FMCSA will determine the next steps to be taken after enactment of any pending legislation authorizing cross 

border trucking.

Effects:

Regulatory Flexibility Act

Federalism 

Information Collection

NAFTA

Prompting action: International Agreement

Legal Deadline: None

Rulemaking Project Initiated: 02/07/2001

Docket Number: FMCSA-1998-3299

Dates for Undetermined:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 

To OMB 

OMB Clearance 

Publication Date 

End of Comment Period 

Explanation for any delay: Unanticipated issues requiring further analysis

Federal Register Citation for Undetermined: None
Federal Motor Carrier Safety Administration

30. Certification of Safety Auditors, Safety Investigators, and Safety Inspectors Red

Popular Title: Safety Auditors Certification

RIN 2126-AA64

Stage: NPRM

Previous Stage: Interim Final Rule: Publication Date 03/19/2002; End of Comment Period 05/20/2002; 

Extension of Compliance 06/17/02; End of Extended Compliance 07/17/02. IFR Extension of Statutory 

Compliance Date: Publication Date 7/28/2003. Notice of Environmental Assessment: Publication Date 

10/02/2003; End of Comment Period 11/03/2003. Notice of Statutory Compliance Date: Publication Date 

12/23/2003; Compliance Date 1/01/2004.

Abstract: This rulemaking would require that any safety inspection, safety audit, or compliance review be 

conducted by a certified inspector, auditor, or investigator. It is required by section 211 of the Motor Carrier 

Safety Improvement Act. Based on comments to the Interim Final Rule (IFR), the agency will issue a NPRM 

that addresses issues not clarified in the IFR.

Effects:

None 

Prompting action: Statute

Legal Deadline: NPRM : 12/09/2000

Rulemaking Project Initiated: 12/09/1999

Docket Number: FAA-2007-28100

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 07/08/2005 07/30/2010

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

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

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

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

Explanation for any delay: Unanticipated impacts requiring further analysis

Other, higher priorities

Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: None
Federal Motor Carrier Safety Administration

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

Endorsement 

Green

Popular Title: USA PATRIOT Act Rule 

RIN 2126-AA70

Stage: Interim Final Rule/4

Previous Stage: Interim Final Rule: Publication Date 05/05/2003; End of Comment Period 07/07/2003. IFR 

Delay of Compliance Date: Publication Date 11/07/2003; End of Comment Period 01/06/2004. IFR Delay of 

Compliance Date: Publication Date 08/19/2004; Interim Final Rule/3: Publication Date 08/19/2004. 

Abstract: This rulemaking would prohibit States from issuing, renewing, transferring or upgrading a 

commercial driver ́s license (CDL) with a hazardous materials endorsement, unless the Transportation Security 

Administration (TSA) has first conducted a background check on the applicant and determined the applicant 

does not pose a security risk warranting denial of the hazardous materials endorsement. FMCSA and TSA 

simultaneously published interim final rules. FMCSA has published another IFR corresponding to TSA ́s 

extension of compliance date. Since this rulemaking conforms to TSA ́s rulemaking, the rulemaking is 

dependent upon TSA action. This action is considered significant because of substantial public and 

congressional interest, and national security.

Effects:

NAFTA

Prompting action: Statute

Legal Deadline: None

Rulemaking Project Initiated: 10/26/2001

Docket Number: FMCSA-2001-11117

Dates for Interim Final Rule/4:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

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

To OMB 04/14/2005

OMB Clearance 04/25/2005

Publication Approved 05/26/2005 04/25/2005

Publication Date 05/31/2005 04/29/2005

Explanation for any delay: N/A 

Federal Register Citation for Interim Final Rule/4: 70 FR 22268
Federal Motor Carrier Safety Administration

32. Brokers of Household Goods Transportation by Motor Vehicle Red

Popular Title: Household Goods Brokers

RIN 2126-AA84

Stage: Final Rule

Previous Stage: ANPRM: Publication Date 12/22/2004; End of Comment Period 02/22/2005. NPRM: 

Publication date 2/8/2007; End of Comment Period 5/9/2007 

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

rulemaking and implement certain provisions of Subtitle B of SAFETEA-LU. FMCSA would determine in this 

rulemaking whether 49 CFR part 371 needs to be amended to protect consumers against unscrupulous brokers 

of household goods. 

Effects:

Information Collection

Prompting action: Statute

Legal Deadline: Final Rule : 08/10/2006

Rulemaking Project Initiated: 05/12/2003

Docket Number: FMCSA-2004-17008

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 10/01/2008 05/17/2010

To OMB 11/01/2008 06/18/2010

OMB Clearance 02/01/2009 09/20/2010

Publication Date 03/01/2009 09/27/2010

Explanation for any delay: Additional coordination necessary

Other, higher priorities

Federal Register Citation for Final Rule: None
Federal Motor Carrier Safety Administration

33. Electronic On-Board Recorders for Hours-of-Service Compliance Red

Popular Title: Electronic On-Board Recorders

RIN 2126-AA89

Stage: Final Rule

Previous Stage: ANPRM: Publication Date 9/01/2004; End of Comment Period 11/30/2004. NPRM: 

Publication Date 01/18/2007;End of Comment Period 04/18/2007.

Abstract: This rulemaking would amend the Federal Motor Carrier Safety Regulations (FMCSRs) to 

incorporate new performance standards for electronic on-board recorders (EOBRs) installed in commercial 

motor vehicles (CMVs) manufactured 2 years after the effective date of a final rule. On-board hours-of-service 

recording devices meeting FMCSA ́s current requirements and voluntarily installed in CMVs manufactured 

before that date could continue to be used for the remainder of the service life of those CMVs. Motor carriers 

that have demonstrated a history of serious noncompliance with the hours-of-service (HOS) rules would be 

subject to mandatory installation of EOBRs meeting the new performance standards (a remedial directive). The 

motor carrier would then be required to install EOBRs in all of its CMVs regardless of their date of manufacture 

and to use the devices for HOS recordkeeping for a period of 2 years, unless the carrier already had equipped its 

vehicles with automatic on-board recording devices (AOBRDs) meeting the Agency ́s current requirements 

under 49 CFR 395.15 and could demonstrate to FMCSA that its drivers understand how to use the devices. 

FMCSA would encourage industry-wide use of EOBRs by providing the following incentives for motor carriers 

to voluntarily use EOBRs in their CMVs: Revising the Agency ́s compliance review procedures to permit 

examination of a random sample of drivers ́ records of duty status; and providing partial relief from HOS 

supporting documents requirements, if certain conditions are satisfied.

Effects:

Economically Significant

Major

Information Collection

Privacy

Peer Review

Prompting action: Court Action

Legal Deadline: None

Rulemaking Project Initiated: 08/09/2004

Docket Number: FMCSA-2004-18940

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 05/03/2008 08/29/2008 09/03/2008

To OMB 06/05/2008 11/13/2008 11/10/2008

Withdrawn from OMB 01/23/2009 01/23/2009

Resubmitted to OST 04/27/2009

Resubmitted to OMB 12/07/2009 12/15/2009

OMB Clearance 09/05/2008 03/17/2010

Publication Date 09/19/2008 03/29/2010

Explanation for any delay: Awaiting development of additional data

Federal Register Citation for Final Rule: None
Federal Motor Carrier Safety Administration

34. Qualifications of Drivers; Diabetes Standard Red

Popular Title: Diabetes Standard

RIN 2126-AA95

Stage: NPRM

Previous Stage: ANPRM: Publication Date 03/17/2006;End of Comment Period 06/15/2006. 

Abstract: This rulemaking action would amend FMCSA ́s medical qualification standards to allow drivers with 

insulin-treated diabetes mellitus to operate commercial motor vehicles in interstate commerce, without seeking 

an exemption from the FMCSRs. This action is required by PL 109-59 (2005) Section 4129.

Effects:

None 

Prompting action: Statute

Legal Deadline: None

Rulemaking Project Initiated: 08/10/2005

Docket Number: FMCSA-2005-23151

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 07/19/2010 10/01/2010

To OMB 08/20/2010 11/02/2010

OMB Clearance 11/19/2010 02/02/2011

Publication Date 11/30/2010 02/14/2011

End of Comment Period 01/30/2011 04/15/2011

Explanation for any delay: Other, higher priorities

Federal Register Citation for NPRM: None
Federal Motor Carrier Safety Administration

35. National Registry of Certified Medical Examiners Red

Popular Title: National Registry

RIN 2126-AA97

Stage: Final Rule

Previous Stage: NPRM: Publication Date 12/01/08; End of Comment Period 01/30/09

Abstract: This rulemaking would establish training, testing and certification standards for medical examiners 

responsible for certifying that interstate commercial motor vehicle drivers meet established physical 

qualifications standards; provide a database (or National Registry) of medical examiners that meet the 

prescribed standards for use by motor carriers, drivers, and Federal and State enforcement personnel in 

determining whether a medical examiner is qualified to conduct examinations of interstate truck and bus drivers; 

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

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

examiners that fail to meet or maintain the minimum standards would be removed from the National Registry. 

This action is in response to section 4116 of Safe, Accountable, Flexible, Efficient, Transportation Equity Act: 

A Legacy for Users. 

Effects:

Major

Unfunded Mandate

Regulatory Flexibility Act

Information Collection

Privacy

Prompting action: Statute

Legal Deadline: Final Rule : 08/10/2006

Rulemaking Project Initiated: 08/10/2005

Docket Number: FMCSA-2008-0363

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 12/21/2009 05/06/2010

To OMB 01/21/2010 06/08/2010

OMB Clearance 04/21/2010 09/08/2010

Publication Date 05/05/2010 09/18/2010

Explanation for any delay: Unanticipated issues requiring further analysis

Additional coordination necessary

Federal Register Citation for Final Rule: None
Federal Motor Carrier Safety Administration

36. Consumer Complaint Information Red

Popular Title: Consumer Complaint Information

RIN 2126-AB01

Stage: Final Rule

Previous Stage: NPRM: Publication Date 02/20/2008; End of Comment Period 4/21/2008.

Abstract: The rulemaking would require each motor carrier of household goods to submit a quarterly report of 

specific identified information. This rule responds to SAFETEA-LU. 

Effects:

Information Collection

Privacy

Prompting action: Statute

Legal Deadline: NPRM : 08/10/2005

Rulemaking Project Initiated: 08/10/2005

Docket Number: FMCSA-2008-0029

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 08/23/2010

To OMB 09/24/2010

OMB Clearance 12/24/2010

Publication Date 01/07/2011

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None
Federal Motor Carrier Safety Administration

37. Commercial Driver's License Testing and Commercial Learner's Permit Standards Red

Popular Title: Commercial Learner's Permit

RIN 2126-AB02

Stage: Final Rule

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

Comment Period 7/9/2008.

Abstract: This rulemaking would establish revisions to the commercial driver?s license knowledge and skills 

testing standards as required by section 4019 of TEA-21, implement fraud detection and prevention initiatives at 

the State driver licensing agencies as required by the SAFE Port Act of 2006, and establish new minimum 

Federal standards for States to issue commercial learner?s permits (CLPs), based in part on the requirements of 

section 4122 of SAFETEA-LU. In addition, to ensuring the applicant has the appropriate knowledge and skills 

to operate a commercial motor vehicle, this rule would establish the minimum information that must be on the 

CLP document and the electronic driver ́s record. The rule would also establish maximum issuance and renewal 

periods, establish a minimum age limit, address issues related to a driver ́s State of Domicile, and incorporate 

previous regulatory guidance into the Federal regulations. This rule would also address issues raised in the 

SAFE Port Act.

Effects:

Regulatory Flexibility Act

Federalism 

Information Collection

Prompting action: Statute

Legal Deadline: Final Rule : 04/13/2008

Rulemaking Project Initiated: 08/10/2005

Docket Number: FMCSA-2007-27659

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 10/01/2009 04/09/2010

To OMB 10/30/2009 05/14/2010

OMB Clearance 01/29/2010 08/14/2010

Publication Date 02/19/2010 08/27/2010

Explanation for any delay: Additional coordination necessary

Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None
Federal Motor Carrier Safety Administration

38. Minimum Training Requirements for Entry Level Commercial Motor Vehicle Operations Red

Popular Title: Entry Level Driver Training

RIN 2126-AB06

Stage: Final Rule

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

Extension of Comment Period 3/21/2008; End of Extended Comment Period 5/23/2008. 

Abstract: This rulemaking would require behind-the-wheel and classroom training for persons who must hold a 

commercial driver ́s license to operate commercial motor vehicles. This action is in response to the U.S. Court 

of Appeals for the District of Columbia Circuit ́s December 2005 decision remanding the May 21, 2004, Final 

Rule, "Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators" to the Agency 

for further consideration. The rulemaking will consider the effectiveness of CMV driver training in reducing 

crashes, the appropriate types and levels of training that should be mandated, and related costs. 

Effects:

Economically Significant

Major

Federalism 

Prompting action: Court Action

Legal Deadline: None

Rulemaking Project Initiated: 04/19/2006

Docket Number: FMCSA-2007-27748

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 10/16/2009 05/18/2010

To OMB 11/16/2009 06/18/2010

OMB Clearance 02/16/2010 09/21/2010

Publication Date 02/26/2010 09/30/2010

Explanation for any delay: Additional coordination necessary

Unanticipated impacts requiring further analysis

Federal Register Citation for Final Rule: None
Federal Motor Carrier Safety Administration

39. Carrier Safety Fitness Determination Red

Popular Title: CSA 2010 Carrier Safety Fitness Determination

RIN 2126-AB11

Stage: NPRM

Previous Stage:None 

Abstract: This rulemaking would revise 49 CFR Part 385, Safety Fitness Procedures, in accordance with the 

Agency ́s major new initiative, Comprehensive Safety Analysis (CSA) 2010. CSA 2010 is a new operational 

model FMCSA plans to implement that is designed to help the Agency carry out its compliance and 

enforcement programs more efficiently and effectively. Currently, the safety fitness rating of a motor carrier is 

determined based on the results of a very labor intensive compliance review conducted at the carrier ́s place of 

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

intervention. Under CSA 2010, FMCSA would propose to implement a broader array of progressive 

interventions, some of which allow FMCSA to make contact with more carriers. Through this rulemaking 

FMCSA would establish safety fitness determinations based on safety data consisting of crashes, inspections, 

and violation history rather than the standard compliance review. This will enable the Agency to assess the 

safety performance of a greater segment of the motor carrier industry with the goal of further reducing large 

truck and bus crashes and fatalities. 

Effects:

None 

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 06/21/2007

Docket Number: FMCSA-2004-18898

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 11/12/2007 10/02/2009 09/25/2009

To OMB 12/15/2007 03/26/2010

OMB Clearance 03/15/2008 06/26/2010

Publication Date 03/29/2008 07/04/2010

End of Comment Period 06/29/2008 10/04/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None
Federal Motor Carrier Safety Administration

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

Carrier Safety Improvement Act of 1999

Black

Popular Title: MCSIA 210(b)

RIN 2126-AB17

Stage: Undetermined

Previous Stage: ANPRM: Publication Date 08/25/2009;End of Comment Period 10/26/2009.

Abstract: This rulemaking would consider methods for ensuring a new applicant carrier is knowledgeable 

about the applicable safety requirements before being granted New Entrant authority. The agency is considering 

whether to implement a proficiency examination as part of its revised New Entrant Safety Assurance Process as 

well as other alternatives. This rulemaking responds to issues raised by Advocates for Highway and Auto Safety 

regarding new entrant applicant knowledge.

Effects:

None 

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 04/28/2009

Docket Number: FMCSA-2001-11061

Dates for Undetermined:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 

To OMB 

OMB Clearance 

Publication Date 

End of Comment Period 

Explanation for any delay: N/A 

Federal Register Citation for Undetermined: None
Federal Motor Carrier Safety Administration

41. CMV Driver Positive Controlled Substances and Alcohol Test Results Database Green

Popular Title: CMV Driver Drug Testing Database

RIN 2126-AB18

Stage: NPRM

Previous Stage: None

Abstract: This rulemaking would create a central database for verified positive controlled substances and 

alcohol test results for commercial driver ́s license (CDL) holders and refusals by such drivers to submit to 

testing. This rulemaking would require employers of CDL holders and service agents to report positive test 

results and refusals to test into the database. Prospective employers, acting on an application for a CDL driver 

position with the applicant?s written consent to access the database, would query the database to determine if 

any specific information about the specific driver applicant is in the database before allowing the applicant to be 

hired and to drive CMVs. This rulemaking is intended to increase highway safety by ensuring CDL holders, 

who have tested positive or have refused to submit to testing, have completed the U.S. DOT ́s return-to-duty 

process before driving CMVs in interstate or intrastate commerce.

Effects:

Information Collection

Privacy

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 05/15/2009

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

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

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

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

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

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

Explanation for any delay: Additional coordination necessary

Other, higher priorities

Federal Register Citation for NPRM: None
Federal Motor Carrier Safety Administration

42. Fees for Unified Carrier Registration Plan and Agreement Red

Popular Title: Unified Carrier Registration Fees

RIN 2126-AB19

Stage: Final Rule

Previous Stage: NPRM: Publication Date 09/03/2009;Extension of Comment Period 09/18/2009;End of 

Extended Reply Comment Period 09/28/2009.

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

beginning calendar year 2010 as required under the Unified Carrier Registration Act of 2005, enacted as Subtitle 

C of the SAFETEA-LU.

Effects:

None 

Prompting action: Statute

Legal Deadline: Final rule : 10/15/2009

Rulemaking Project Initiated: 02/27/2009

Docket Number: FMCSA-2009-0231

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

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

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

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

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

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None
Federal Motor Carrier Safety Administration

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

Popular Title: EOBR and HoS supporting documents

RIN 2126-AB20

Stage: NPRM

Previous Stage:None 

Abstract: This rulemaking will consider revisions to RIN 2126-AA89 (Electronic On-Board Recorders for 

Hours of Service Drivers) to expand the number of motor carriers required to install and operate Electronic OnBoard Recorders (EOBRs). FMCSA is consolidating this follow-up to the EOBR rule with the Hours Of Service 

Of Drivers: Supporting Documents rulemaking for development of a single NPRM in RIN 2126-AB20. In 

addressing Hours of Service Supporting Documents requirements in this new rulemaking, FMCSA will consider 

reducing or eliminating current paperwork burdens associated with supporting documents in favor of expanded 

EOBR use.

Effects:

Major

Information Collection

Privacy

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 03/24/2009

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 04/05/2010 07/15/2010

To OMB 05/14/2010 08/19/2010

OMB Clearance 08/20/2010 11/19/2010

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

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

Explanation for any delay: N/A 

Federal Register Citation for NPRM: None
Federal Motor Carrier Safety Administration

44. Cargo Insurance for Property Loss or Damage Red

Popular Title: Cargo Insurance

RIN 2126-AB21

Stage: Final Rule

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

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

Abstract: This final rule would eliminate the requirement for most for-hire motor carriers of property and 

freight forwarders to maintain cargo insurance in prescribed minimum amounts and file evidence of this 

insurance with FMCSA. Household goods motor carriers and household goods freight forwarders would 

continue to be subject to this cargo insurance requirement. This rule was split from RIN 2126-AA22.

Effects:

Regulatory Flexibility Act

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 01/01/1996

Docket Number: FMCSA-97-2349

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

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

To OMB 11/20/2009 03/08/2010

OMB Clearance 02/23/2010 06/08/2010

Publication Date 03/05/2010 06/19/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None
Federal Motor Carrier Safety Administration

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

Devices

Green

Popular Title: Texting

RIN 2126-AB22

Stage: NPRM

Previous Stage:None 

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

rulemaking is in response to Federal Motor Carrier Safety Administration-sponsored studies that analyzed safety 

incidents and distracted drivers. This rulemaking would also address the National Transportation Safety Board ́s 

"Most Wanted List" of safety recommendations.

Effects:

None 

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 09/11/2009

Docket Number: FMCSA-2009-0370

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

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

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

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

Publication Date 02/22/2010 03/22/2010

End of Comment Period 04/20/2010 04/22/2010

Explanation for any delay: N/A 

Federal Register Citation for NPRM: None
Federal Motor Carrier Safety Administration

46. Hours of Service Green

Popular Title: HOS

RIN 2126-AB26

Stage: NPRM

Previous Stage:None 

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

agreement under which Petitioners ́ petition for judicial review of the November 19, 2008, Final Rule on 

drivers ́ hours of service will be held in abeyance pending the publication of an NPRM reevaluating the issue. 

We are reaching out to the public for information, research, data, and ideas for the NPRM. These efforts include 

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

public meetings around the country starting January 19, 2010.

Effects:

None 

Prompting action: Settlement Agreement

Legal Deadline: None

Rulemaking Project Initiated: 10/26/2009

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 06/24/2010

To OMB 07/26/2010

OMB Clearance 10/26/2010

Publication Date 11/04/2010

End of Comment Period 01/04/2011

Explanation for any delay: N/A 

Federal Register Citation for NPRM: None
Federal Railroad Administration

Federal Railroad Administration

47. Roadway Worker Protection; Adjacent-Track On-Track Safety Green

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

RIN 2130-AB96

Stage: Final Rule

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

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

is required for roadway work groups engaged in large-scale maintenance or construction, pursuant to 49 CFR 

Part 214. The recent increase in roadway worker fatalities that have occurred on adjacent track has caused some 

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

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

not long-lasting. This rulemaking is based on the consensus language developed through the Roadway Worker 

Protection (RWP) Working Group of FRA ́s Railroad Safety Advisory Committee (RSAC).

Effects:

None 

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 08/20/2008

Docket Number: FRA-2008-0059

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 04/08/2010

To OMB 05/14/2010

OMB Clearance 08/12/2010

Publication Date 08/26/2010

End of Comment Period 10/25/2010

Explanation for any delay: N/A 

Federal Register Citation for Final Rule: None
Federal Railroad Administration

48. Positive Train Control Red

Popular Title: Positive Train Control Implementation

RIN 2130-AC03

Stage: Final Rule

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

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

of the Positive Train Control Systems; and the qualification, installation, maintenance and use of the these 

systems required under 49 USC 20157 or specifically required by the Federal Railroad Administration.

Effects:

Economically Significant

Major

Regulatory Flexibility Act

Prompting action: Statute

Legal Deadline: None

Rulemaking Project Initiated: 10/16/2008

Docket Number: FRA-2008-0132

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 10/13/2009 10/09/2009

To OMB 10/16/2009 10/21/2009

OMB Clearance 10/26/2009 12/04/2009 12/30/2009

Publication Date 10/30/2009 01/15/2010 01/15/2010

Explanation for any delay: Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: 75 FR 2598
Federal Railroad Administration

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

Popular Title: Controlled Substance Testing/Maintenance Employees

RIN 2130-AC10

Stage: NPRM

Previous Stage:None 

Abstract: This rulemaking would revise the Federal Railroad Administration ́s alcohol and drug regulations to 

cover all employees of railroads, railroad contractors, and subcontractors who perform maintenance-of-way 

activities. The rulemaking would also make other miscellaneous updates to 14 CFR Part 219. 

Effects:

None 

Prompting action: Statute

Legal Deadline: Final Rule : 10/16/2010

Rulemaking Project Initiated: 10/16/2008

Docket Number: FRA-2009-0039

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 09/08/2009 05/07/2010

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

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

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

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

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None
Federal Railroad Administration

50. Risk Reduction Program Green

Popular Title: Risk Reduction Program

RIN 2130-AC11

Stage: ANPRM

Previous Stage:None 

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

to the FRA Administrator. These programs would be reviewed for annual compliance. The rulemaking would 

also ensure that railroads comply with their Positive Train Control (PTC) schedules and ensure railroads 

implement PTC by December 31, 2018, except as required by § 104 of the Rail Safety Improvement Act of 

2008.

Effects:

Economically Significant

Major

Prompting action: Statute

Legal Deadline: Final Rule : 10/16/2012

Rulemaking Project Initiated: 10/16/2008

Docket Number: FRA-2009-0038

Dates for ANPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 04/02/2010

To OMB 05/03/2010

OMB Clearance 05/17/2010

Publication Date 05/25/2010

End of Comment Period 07/26/2010

Explanation for any delay: N/A 

Federal Register Citation for ANPRM: None
Federal Railroad Administration

51. Hours of Service - Passenger Train Employees Red

Popular Title: Hours of Service - Passenger Train Employees

RIN 2130-AC15

Stage: NPRM

Previous Stage:None 

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

commuter and intercity passenger rail transport. 

Effects:

Economically Significant

Major

Information Collection

Prompting action: Statute

Legal Deadline: Final Rule : 10/16/2011

Rulemaking Project Initiated: 10/16/2008

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

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

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

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

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

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

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None
Federal Railroad Administration

52. Restriction of Improper Use of Cellular Telephones and Other Electronic and Electrical 

Devices

Green

Popular Title: Restriction of Cellular Telephones and Devices

RIN 2130-AC21

Stage: NPRM

Previous Stage:None 

Abstract: This rulemaking would restrict railroad operating employees from improperly using cellular 

telephones and other distracting electronic and electrical devices. 

Effects:

None 

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 11/09/2009

Docket Number: FRA-2009-0118

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

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

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

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

Publication Date 02/26/2010 03/08/2010

End of Comment Period 03/29/2010 04/08/2010

Explanation for any delay: N/A 

Federal Register Citation for NPRM: None
Maritime Administration

Maritime Administration

53. Foreign Reconstruction and Rebuild Determinations Black

Popular Title: Foreign Reconstruction and Rebuild Determinations

RIN 2133-AB69

Stage: Undetermined

Previous Stage: None

Abstract: In this rulemaking MARAD will consider whether to amend its Capital Construction Fund and cargo 

preference regulations to set out specific procedures for determining when a vessel is no longer eligible for such 

programs because the vessel has been either reconstructed or rebuilt abroad. 

Effects:

Foreign

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 05/29/2007

Docket Number:

Dates for Undetermined:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 

To OMB 

OMB Clearance 

Publication Date 

End of Comment Period 

Explanation for any delay: N/A 

Federal Register Citation for Undetermined: None
Maritime Administration

54.

Regulations To Be Followed by All Departments, Agencies and Shippers Having 

Responsibility To Provide a Preference for U.S.-Flag Vessels in the Shipment of Cargoes on 

Ocean Vessels.

Black

Popular Title: Cargo Preference 

RIN 2133-AB74

Stage: Undetermined

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

Abstract: This rulemaking would revise and clarify the Cargo Preference rules that have not been revised 

substantially since 1971. Revisions would include an updated purpose and definitions section along with the 

removal of obsolete provisions.

Effects:

Information Collection

Foreign

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 08/21/2008

Docket Number:

Dates for Undetermined:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 

To OMB 

OMB Clearance 

Publication Date 

End of Comment Period 

Explanation for any delay: N/A 

Federal Register Citation for Undetermined: None
Maritime Administration

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

Penalties

Red

Popular Title: Cargo Preference Statutory Changes

RIN 2133-AB75

Stage: Undetermined

Previous Stage:None 

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

would cover P.L. 110-417, Section 3511 National Defense Authorization Act for FY2009 statutory changes to 

the cargo preference rules, which have not been substantially revised since 1971. The rulemaking also would 

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

Effects:

Regulatory Flexibility Act

Information Collection

Foreign

Prompting action: Statute

Legal Deadline: None

Rulemaking Project Initiated: 01/16/2009

Docket Number:

Dates for Undetermined:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 

To OMB 

OMB Clearance 

Publication Date 

End of Comment Period 

Explanation for any delay: N/A 

Federal Register Citation for Undetermined: None
National Highway Traffic Safety Administration

National Highway Traffic Safety Administration

56. Ejection Mitigation Red

Popular Title: Ejection Mitigation

RIN 2127-AK23

Stage: Final Rule

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

Abstract: This rulemaking would create a new Federal Motor Vehicle Safety Standard (FMVSS) for reducing 

occupant ejection. Currently, there are over 52,000 annual ejections in motor vehicle crashes, and over 10,000 

ejected fatalities per year. This rulemaking would propose new requirements for reducing occupant ejection 

through passenger vehicle side widows. The requirement would be an occupant containment requirement on the 

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

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

complete and partial ejections of vehicle occupants from outboard seating positions. In formulating the 

standards the Secretary shall consider various ejection mitigation systems. The Secretary shall issue a final rule 

under this paragraph no later than October 1, 2009." The SAFETEA-LU legislation also requires that, if the 

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

explanation to the Senate Committee on Commerce, Science and Transportation and the House of 

Representatives Committee on Energy and Commerce of the delay. On September 24, 2009, the Secretary

provided appropriate notification to Congress that the final rule will be delayed until January 31, 2011.

Effects:

Economically Significant

Major

Unfunded Mandate

EU

NAFTA

Foreign

Prompting action: Statute

Legal Deadline: Final Rule : 10/01/2009

Rulemaking Project Initiated: 08/10/2005

Docket Number: NHTSA-2009-0183

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 09/17/2010

To OMB 10/29/2010

OMB Clearance 01/28/2011

Publication Date 01/31/2011

Explanation for any delay: N/A 

Federal Register Citation for Final Rule: None
National Highway Traffic Safety Administration

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

Popular Title: Rearview Mirrors

RIN 2127-AK43

Stage: NPRM

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

Abstract: This rulemaking would amend Federal Motor Vehicle Standard No. 111; Rearview Mirrors, to reflect 

requirements contained in the Cameron Gulbransen Kids Transportation Safety Act of 2007. The Act requires 

that NHTSA expand the required field of view to enable the driver of a motor vehicle to detect areas behind the 

motor vehicle to reduce death and injury resulting from backing incidents, particularly incidents involving small 

children and disabled persons. According to the Act, such a standard may be met by the provision of additional 

mirrors, sensors, cameras, or other technology to expand the driver ́s field of view. 

Effects:

EU

NAFTA

Foreign

Prompting action: Statute

Legal Deadline: Initiate rulemaking : 02/28/2009

Publish Final Rule : 02/28/2011

Rulemaking Project Initiated: 11/06/2008

Docket Number: NHTSA-2009-0041

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 10/17/2009 03/25/2010

To OMB 11/26/2009 05/06/2010

OMB Clearance 02/25/2010 08/05/2010

Publication Date 02/28/2010 08/12/2010

End of Comment Period 04/27/2010 10/12/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None
National Highway Traffic Safety Administration

58. Tire Fuel Efficiency Consumer Information Red

Popular Title: Tire Fuel Efficiency Consumer Information

RIN 2127-AK45

Stage: Final Rule

Previous Stage: NPRM: Publication Date 06/22/2009; End of Comment Period 8/21/2009.

Abstract: This rulemaking would establish a new program that would make information about the relative 

rolling resistance of tires available to purchasers of replacement tires and educate consumers about the effect of 

tires on automobile fuel efficiency, safety, and durability. The agency is required by the Energy Independence 

and Security Act of 2007 to establish a national tire fuel efficiency consumer information program for 

replacement tires designed for use on motor vehicles. Vehicle manufacturers often use low rolling resistance 

tires on new vehicles to help meet CAFE goals. This rulemaking is significant because it has a statutory 

mandate and it relates to fuel efficiency.

Effects:

EU

NAFTA

Foreign

Prompting action: Statute

Legal Deadline: Final Rule : 12/18/2009

Rulemaking Project Initiated: 12/18/2007

Docket Number: NHTSA-2008-0121

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 09/21/2009 11/05/2009 11/19/2009

To OMB 10/15/2009 12/07/2009 12/16/2009

OMB Clearance 12/15/2009 03/07/2010

Publication Date 12/18/2009 03/14/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None
National Highway Traffic Safety Administration

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

2016

Green

Popular Title: CAFE 2012-2016

RIN 2127-AK50

Stage: Final Rule

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

Abstract: This rulemaking would address Corporate Average Fuel Economy (CAFE) standards for light trucks 

and passenger cars for model years 2012-2016. CAFE standards must be set at least 18 months prior to the start 

of a model year.

Effects:

Economically Significant

Major

Unfunded Mandate

EIS 

EU

NAFTA

Foreign

Prompting action: Statute

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

Rulemaking Project Initiated: 08/01/2007

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

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 02/12/2010 03/02/2010

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

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

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

Explanation for any delay: N/A 

Federal Register Citation for Final Rule: None
National Highway Traffic Safety Administration

60. FMVSS No. 118 Automatic Reversal Systems Red

Popular Title: Automatic Reversal Systems

RIN 2127-AK52

Stage: Final Rule

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

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

without continuous actuation of the window switch by the window operator. This rulemaking was initiated per 

requirements in the Cameron Gulbransen Kids Transportation Safety Act of 2007.

Effects:

EU

NAFTA

Foreign

Prompting action: Statute

Legal Deadline: Final Rule. : 08/28/2010

Initiate rulemaking : 08/28/2009

Rulemaking Project Initiated: 06/25/2009

Docket Number: NHTSA-2009-0154

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 04/11/2010

To OMB 05/26/2010

OMB Clearance 08/25/2010

Publication Date 08/28/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None
National Highway Traffic Safety Administration

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

Popular Title: Seat Belts on Motorcoaches

RIN 2127-AK56

Stage: NPRM

Previous Stage:None 

Abstract: This rulemaking would require the installation of lap/shoulder belts in newly-manufactured 

motorcoaches. Specifically, this rulemaking would establish a new definition for motorcoaches in 49 CFR Part 

571.3. It would also amend Federal Motor Vehicle Safety Standard No. 208, "Occupant crash protection," to 

require the installation of lap/shoulder belts at all driver and passenger seating positions. It would also require 

the installation of lap/shoulder belts at driver seating positions of large school buses in FMVSS No. 208. This 

rulemaking responds, in part, to recommendations made by the National Transportation Safety Board for 

improving bus safety. 

Effects:

EU

NAFTA

Foreign

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 08/12/2009

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

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

To OMB 10/24/2009 03/26/2010

OMB Clearance 01/25/2010 06/25/2010

Publication Date 02/05/2010 06/30/2010

End of Comment Period 04/05/2010 08/30/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None
Office of the Secretary

Office of the Secretary

62. Accessibility of Passenger Vessels to Individuals with Disabilities Red

Popular Title: Accessibility-passenger vessels

RIN 2105-AB87

Stage: Final Rule

Previous Stage: ANPRM: Publication Date 11/29/2004;End of Comment Period 03/28/2005;Publication Date 

for Extension of Comment Period 03/28/2005;End of Extended Comment Period 07/28/2005. NPRM: 

Publication Date 1/23/2007; End of Comment Period 4/23/2007; Extension of Comment Period 4/13/2007; End 

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

Period 4/23/2008.

Abstract: This rulemaking would address accessibility issues and propose feasible requirements to make 

passenger vessels accessible to, and usable by, individuals with disabilities.The Department ́s Americans with 

Disabilities Act (ADA) final rule, published September 6, 1991, reserved portions of the rule concerning 

passenger vessels. The ADA covers passenger vessels, but issuing accessibility requirements for vessels 

involves complex issues unlike those affecting land transportation. 

Effects:

EU

NAFTA

Foreign

Prompting action: Statute

Legal Deadline: None

Rulemaking Project Initiated: 07/26/1990

Docket Number: OST-2007-26829

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

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

Resubmitted to OST 11/02/2009

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

OMB Clearance 10/23/2009 04/15/2010

Publication Date 11/25/2009 05/01/2010

Explanation for any delay: Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None
Office of the Secretary

63. Aviation Data Requirements Review and Modernization Program Black

Popular Title: Aviation Data

RIN 2105-AC71

Stage: Undetermined

Previous Stage: ANPRM: Publication Date 07/15/1998; End of Comment Period 09/14/1998; End of Reply 

Comment Period 10/13/1998. NPRM: Publication Date 02/17/2005;End of Comment Period 

04/18/2005;Extension of Comment Period Publication Date 07/18/2005; End of Extended Comment Period 

9/18/2005.

Abstract: This rulemaking requested public comments from reporting carriers and aviation data users on the 

nature, scope, source, and means for collecting, processing, and distributing airline traffic, fare, and financial 

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

amended, supplemented, or replaced; whether selected forms and reports should be retained, modified, or 

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

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

industry.

Effects:

None 

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 04/15/1998

Docket Number: OST-1998-4043

Dates for Undetermined:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 

To OMB 

OMB Clearance 

Publication Date 

End of Comment Period 

Explanation for any delay: N/A 

Federal Register Citation for Undetermined: None
Office of the Secretary

64. Protection of Sensitive Security Information Black

Popular Title: SSI-TSA

RIN 2105-AD59

Stage: Undetermined

Previous Stage: Interim Final Rule: Publication Date 05/18/2004; End of Comment Period 07/19/2004.

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

on that action. As of January 31, 2007, this rulemaking is on hold pending the receipt of additional information 

from DHS. 

Effects:

None 

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 09/02/2002

Docket Number: TSA-2003-15569

Dates for Undetermined:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 

To OMB 

OMB Clearance 

Publication Date 

End of Comment Period 

Explanation for any delay: N/A 

Federal Register Citation for Undetermined: None
Office of the Secretary

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

the Defense Production Act

Red

Popular Title: DPA

RIN 2105-AD83

Stage: NPRM

Previous Stage:None 

Abstract: This rulemaking would clarify the prioritization and allocation authorities exercised by the Secretary 

of Transportation under the Defense Production Act (DPA). The DPA is the President ́s primary authority to 

ensure timely availability of private sector resources for national defense. In addition to military and energy 

activities, the definition of "national defense" includes emergency preparedness activities conducted pursuant to 

Title VI of The Robert T. Stafford Disaster Relief and Emergency Assistance Act and the protection and 

restoration of critical infrastructure. Under Title I of the DPA, the President has the authority to require the 

acceptance and prioritization of contracts and orders -- and to allocate materials, services, and facilities -- in 

support of the national defense. Under Section 201 of Executive Order 12919, the President has delegated these 

prioritization and allocation authorities to the Secretary of Transportation for all forms of civil transportation. In 

the 2009 DPA reauthorizition, Congress mandated that each Federal agency with delegated authority under Title 

I of the DPA develop final rules that establish standards and procedures for implementing its delegated authority 

in emergency and nonemergency conditons. Additionally, Congress mandated that, to the extent practacable, the 

rules be consistent and unifed. DOT is part of an interageny working group, along with the other delegated 

agencies, that is developing consistent unifed rules.

Effects:

Information Collection

Prompting action: Statute

Legal Deadline: Final rule : 06/27/2010

Rulemaking Project Initiated: 01/07/2009

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 01/09/2009 02/16/2010

To OMB 02/01/2009 03/16/2010

OMB Clearance 03/01/2009 04/16/2010

Publication Date 03/01/2009 04/26/2010

End of Comment Period 05/01/2009 05/26/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None
Office of the Secretary

66. Enhancing Airline Passenger Protections - Part 2 Green

Popular Title: Aviation Consumer Part 2

RIN 2105-AD92

Stage: NPRM

Previous Stage:None 

Abstract: This rulemaking would enhance airline passenger protections by addressing the following areas:(1) 

contingency plans for lengthy tarmac delays; (2) reporting of tarmac delay data; (3) customer service plans; (4) 

notification to passengers of flight status changes; (5) inflation adjustment for denied boarding compensation; 

(6) alternative transportation for passengers on canceled flights; (7) opt-out provisions (e.g. travel insurance); 

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

Effects:

Regulatory Flexibility Act

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 07/01/2008

Docket Number:

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

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

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

OMB Clearance 05/26/2010 05/26/2010

Publication Date 06/01/2010 06/01/2010

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

Explanation for any delay: N/A 

Federal Register Citation for NPRM: None
Office of the Secretary

67. Carrier-Supplied Medical Oxygen, Service Animals, and Accessibility of Carrier Websites, 

Kiosks, and In-Flight Entertainment Systems 

Green

Popular Title: ACAA SNPRM 

RIN 2105-AD96

Stage: SNPRM

Previous Stage:None 

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

Act rules to develop an SNPRM seeking information from the public on: (1) the cost and technical issues 

involved in requiring carrier website accessibility; (2) whether automated kiosks operated by carriers in airports 

and elsewhere should be required to be accessible; (3) whether there are safety-related reasons for excluding 

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

to supply free in-flight medical oxygen would create an undue burden; and (5) whether providing high-contrast 

captioning on in-flight entertainment displays is technically and economically feasible. 

Effects:

None 

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 09/15/2009

Docket Number:

Dates for SNPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 08/12/2010

To OMB 09/01/2010

OMB Clearance 12/01/2010

Publication Date 12/10/2010

End of Comment Period 03/10/2011

Explanation for any delay: N/A 

Federal Register Citation for SNPRM: None
Pipeline and Hazardous Materials Safety Administration

Pipeline and Hazardous Materials Safety Administration

68. Hazardous Materials: Requirements for Storage of Explosives During Transportation Red

Popular Title: Storage of Explosives

RIN 2137-AE06

Stage: NPRM

Previous Stage: ANPRM: Publication Date 11/16/2005; End of Comment Period 02/14/2006; Reopening of 

Comment Period 7/03/2008; End of Reopened Comment Period 10/01/2008. 

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

explosives during transportation. The Hazardous Materials Regulations (HMR) require shipments stored during 

transportation to conform to the same requirements that apply when the shipments are actually moving and for 

the shipping company to have security plans covering its shipments. Otherwise, the HMR do not include 

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

transportation. The HMR do not establish specific standards for storage facilities nor do they limit the amount of 

material that may be stored in a single location. Through this rulemaking, the agency will evaluate the adequacy 

of existing regulations and the need for additional, more specific requirements. In particular, the agency is 

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

reference into the HMR.

Effects:

None 

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 01/01/2005

Docket Number: PHMSA-2005-22987

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

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

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

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

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

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

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None
Pipeline and Hazardous Materials Safety Administration

69. Hazardous Materials: Enforcement Regulations Red

Popular Title: Package Inspection Authority

RIN 2137-AE13

Stage: Final Rule

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

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

establish procedural regulations to implement authority provided to DOT to open packages believed to contain 

hazardous materials; remove such packages from transportation; gather information; order the package 

transported to a facility for examination and analysis; obtain assistance from qualified persons; and issue 

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

Effects:

EU

NAFTA

Foreign

Prompting action: Statute

Legal Deadline: Temporary Rule : 10/11/2005

Final Rule : 08/10/2006

Rulemaking Project Initiated: 08/10/2005

Docket Number: PHMSA-2005-22356

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 12/22/2009 04/23/2010

To OMB 01/26/2010 05/27/2010

OMB Clearance 04/26/2010 08/27/2010

Publication Date 05/01/2010 09/07/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None
Pipeline and Hazardous Materials Safety Administration

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

Popular Title: Security Plans

RIN 2137-AE22

Stage: Final Rule

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

Abstract: In response to two industry petitions for rulemaking, this rulemaking will reconsider and refine the 

list of hazardous materials for which security plans are currently required. The industry petitioners asked 

PHMSA to amend the security plan regulations to create a distinction between hazardous materials that present 

a significant security risk while in transportation and the vast majority of hazardous materials that pose no 

significant security risk in transportation.

Effects:

EU

NAFTA

Foreign

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 05/01/2006

Docket Number: PHMSA-2006-25885

Dates for Final Rule:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

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

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

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

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

Explanation for any delay: Additional coordination necessary

Federal Register Citation for Final Rule: None
Pipeline and Hazardous Materials Safety Administration

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

Aircraft 

Red

Popular Title: Air Packaging

RIN 2137-AE32

Stage: NPRM

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

Abstract: Incident data and testing conducted on behalf of DOT indicate many combination packagings 

authorized for the transportation of hazardous materials may not withstand conditions normally incident to air 

transportation. PHMSA is considering measures to reduce the incidence of package failures and to minimize the 

consequences of failures should they occur. This rulemaking would require additional measures to verify 

packaging integrity, such as performance testing, and revisions to packaging requirements, such as the addition 

of liners or absorbent material. 

Effects:

EU

NAFTA

Foreign

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 06/04/2007

Docket Number: PHMSA-07-29364

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

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

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

OMB Clearance 11/13/2009 04/20/2010

Publication Date 11/20/2009 04/26/2010

End of Comment Period 01/20/2010 06/26/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None
Pipeline and Hazardous Materials Safety Administration

72. Hazardous Materials: Bulk Loading and Unloading Operations Red

Popular Title: Loading/Unloading

RIN 2137-AE37

Stage: NPRM

Previous Stage:None 

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

requirements governing bulk loading and unloading operations are necessary. PHMSA has reviewed 

transportation incident data and findings of several National Transportation Safety Board and Chemical Satety 

Board accident investigations involving bulk hazardous materials loading and unloading operations, which 

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

what, if any, safety benefits would accrue from a requirement for persons conducting bulk loading and 

unloading operations to develop and implement operating procedures governing these operations. PHMSA has 

decided to publish a proposed rule instead of a pre-rule.

Effects:

Information Collection

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 10/28/2008

Docket Number: PHMSA-2007-28119

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 02/12/2010 05/10/2010

To OMB 03/18/2010 06/11/2010

OMB Clearance 06/16/2010 09/10/2010

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

End of Comment Period 08/23/2010 11/22/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None
Pipeline and Hazardous Materials Safety Administration

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

Popular Title: Transportation of Lithium Batteries

RIN 2137-AE44

Stage: NPRM

Previous Stage:None 

Abstract: This rulemaking would amend the Hazardous Materials Regulations to comprehensively address the 

safe transportation of lithium cells and batteries. The intent of the rulemaking is to strengthen the current 

regulatory framework by imposing more effective safeguards, including design testing to address risks related to 

internal short circuits, and enhanced packaging, hazard communication, and operational measures for various 

types and sizes of lithium batteries in specific transportation contexts. The rulemaking responds to several 

recommendations issued by the National Transportation Safety Board. 

Effects:

Regulatory Flexibility Act

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: None

Rulemaking Project Initiated: 03/26/2009

Docket Number: PHMSA-2009-0095

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 08/03/2009 09/10/2009 08/20/2009

To OMB 09/04/2009 09/23/2009 09/09/2009

OMB Clearance 12/04/2009 12/23/2009 12/15/2009

Publication Date 12/14/2009 01/11/2010 01/11/2010

End of Comment Period 02/19/2010 03/12/2010 03/12/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: 75 FR 1302
Pipeline and Hazardous Materials Safety Administration

74. Hazardous Materials: Registration and Fee Assessment Program Black

Popular Title: Registration Program

RIN 2137-AE47

Stage: NPRM

Previous Stage:None 

Abstract: This rulemaking would amend the statutorily mandated registration and fee assessment program for 

persons who transport or offer for transportation certain categories and quantities of hazardous materials. For 

those registrants not qualifying as a small business or not-for-profit organization, PHMSA would increase the 

fee from $975 (plus a $25 administrative fee) to $2,975 at the most, (plus a $25 administrative fee) for 

registration year 2010-2011 and following years. For small businesses, the registration fee would remain at its 

current level of $975 (plus a $25 administrative fee). The increase is necessary to fund the National Hazardous 

Material Emergency Preparedness (HMEP) grants program at its authorized level of $28,000,000. The purpose 

of the HMEP Grants Program is to support hazardous material emergency response planning and training 

activities by states, local governments, and Indian tribes and related activities in accordance with USC 5108(b) 

and 5116. This rulemaking has been downgraded and will not appear in next month ́s report.

Effects:

None 

Prompting action: Statute

Legal Deadline: None

Rulemaking Project Initiated: 06/23/2009

Docket Number: PHMSA-2009-0201

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

To OST 

To OMB 

OMB Clearance 

Publication Date 

End of Comment Period 

Explanation for any delay: N/A 

Federal Register Citation for NPRM: None
Pipeline and Hazardous Materials Safety Administration

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

Transporting Flammable Liquids (Wetlines)

Red

Popular Title: Wetlines

RIN 2137-AE53

Stage: NPRM

Previous Stage:None 

Abstract: The rulemaking would amend the Hazardous Materials Regulations to prohibit flammable liquids 

from being transported in unprotected product piping on existing and newly manufactured DOT specification 

cargo tank motor vehicles.

Effects:

None 

Prompting action: None

Legal Deadline: None

Rulemaking Project Initiated: 09/01/2009

Docket Number: PHMSA-2009-0303

Dates for NPRM:

Milestone Originally 

Scheduled

Date

New 

Projected

Date

Actual

Date

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

To OMB 01/28/2010 06/04/2010

OMB Clearance 04/28/2010 09/02/2010

Publication Date 05/05/2010 09/13/2010

End of Comment Period 07/05/2010 11/12/2010

Explanation for any delay: Additional coordination necessary

Federal Register Citation for NPRM: None